Privacy Act of 1974; System of Records, 81099-81102 [2024-23078]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Notices]
[Pages 81099-81102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23078]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[DOI-2024-0013l; 188 PPWOCRADS7 PPMRSCR1C.CE0000 WBS: 
PX.P0252231F.00.1]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior (DOI) is issuing a public 
notice of its intent to create a new Privacy Act system of records, 
INTERIOR/DOI-22, Archaeological Resources Preservation System. This 
system of records helps the DOI implement the Archaeological Resources 
Protection Act of 1979, as amended, and manage, preserve, and protect 
archaeological resources on Federal lands under DOI's jurisdiction. 
This newly established system will be included in the DOI's inventory 
of record systems.

DATE: This new system will be effective upon publication. New routine 
uses will be effective November 6, 2024. Submit comments on or before 
November 6, 2024.

ADDRESSES: You may send comments identified by docket number [DOI-2024-
0013] by any of the following methods.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include docket number 
[DOI-2024-0013] in the subject line of the message.
     U.S. mail or hand-delivery: Teri Barnett, Departmental 
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW, 
Room 7112, Washington, DC 20240.
    Instructions: All submissions received must include the agency name 
and docket number [DOI-2024-0013]. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy 
Officer, U.S. Department of the Interior, 1849 C Street NW, Room 7112, 
Washington, DC 20240, [email protected] or (202) 208-1605.

SUPPLEMENTARY INFORMATION:

I. Background

    The DOI is establishing the INTERIOR/DOI-22, Archaeological 
Resources Preservation System, system of records to implement the 
Archaeological Resources Protection Act of 1979 (ARPA), which requires 
DOI to issue implementing regulations to manage, protect, and preserve 
archaeological resources on Federal lands under DOI's jurisdiction. In 
compliance with ARPA, DOI promulgated regulations at 43 CFR part 7, 
Protection of Archaeological Resources, that provide uniform 
definitions, standards, and procedures for the protection of 
archaeological resources located on public lands and Indian lands of 
the United States. The regulations enable Federal land managers to 
protect archaeological resources through issuing permits for authorized 
excavation and/or removal of archaeological resources, through civil 
penalties for unauthorized excavation and/or removal of archaeological 
resources, promote the preservation of archaeological resource 
collections and data, and ensure the confidentiality of information 
about archaeological resources. Archaeological resources are any 
material remains of human life or activities which are at least 100 
years of age, and which are of archaeological interest, as defined in 
43 CFR part 7. The INTERIOR/DOI-22, Archaeological Resources 
Preservation System, system of records will help DOI in the oversight, 
management, tracking, and reporting of activities conducted under ARPA 
and 43 CFR part 7 and ensure the protection of archaeological resources 
on Federal lands.
    The ARPA contains criminal and civil penalties for persons who 
commit prohibited acts or for violations involving archaeological 
resources under the ARPA and other law enforcement authorities. Any 
reported or suspected violation of the ARPA will be referred to the 
appropriate Federal, State, or local law enforcement organization for 
investigation and appropriate action. Records related to criminal 
investigations for prohibited acts or violations involving 
archaeological resources under the ARPA and 43 CFR part 7 will be 
maintained separately in other law enforcement systems of records as 
appropriate and will not be part of this system of records. However, 
records relating to criminal and civil penalties assessed under the 
ARPA and 43 CFR part 7 may be maintained in this system or other 
systems of records as necessary to implement the provisions of the ARPA 
and regulations at 43 CFR part 7.

II. Privacy Act

    The Privacy Act of 1974, as amended, embodies fair information 
practice principles in a statutory framework governing the means by 
which Federal agencies collect, maintain, use, and disseminate 
individuals' records. The Privacy Act applies to records about 
individuals that are maintained in a ``system of records.'' A ``system 
of records'' is a group of any records under the control of an agency 
for which information is retrieved by the name of an individual or by 
some identifying number, symbol, or other identifying particular 
assigned to the individual. The Privacy Act defines an individual as a 
United States citizen or lawful permanent resident. Individuals may 
request access to their own records that are maintained in a system of 
records in the possession or under the control of DOI by complying with 
DOI Privacy Act regulations at 43 CFR part 2, subpart K, and following 
the procedures outlined in the Records Access, Contesting Record, and 
Notification Procedures sections of this notice.
    The Privacy Act requires each Federal agency to publish in the 
Federal Register a description denoting the existence and character of 
each system of records that the agency maintains and the routine uses 
of each system. The system of records notice for the INTERIOR/DOI-22, 
Archaeological Resources Preservation System, is published in its 
entirety below. In accordance with 5 U.S.C. 552a(r), DOI has provided a 
report of this system of records to the Office of Management and Budget 
and to Congress.

III. Public Participation

    You should be aware your entire comment including your personally 
identifiable information, such as your address, phone number, email 
address, or any other personal information in your comment, may be made 
publicly available at any time. While you may request to withhold your 
personally identifiable information from public review, we cannot 
guarantee we will be able to do so.

SYSTEM NAME AND NUMBER:
    INTERIOR/DOI-22, Archaeological Resources Preservation System.

[[Page 81100]]

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records pertaining to the protection of archaeological resources, 
investigations, and program management are maintained at:
    (1) Departmental Consulting Archaeologist, National Park Service, 
1849 C Street NW, Mail Stop 7508 MIB, Washington, DC 20240.
    (2) Office of the Regional Director in each region of the National 
Park Service (NPS) in which the archaeological investigation is taking 
place. A current listing of park offices and contact information may be 
obtained by visiting the NPS website at https://www.nps.gov or by 
contacting the System Manager.
    (3) Office of the Regional Director in each U.S. Fish and Wildlife 
Service (FWS) National Wildlife Refuge in which the archaeological 
investigation is taking place. A current listing of these offices may 
be obtained by writing to the System Manager or by visiting the FWS 
website at https://www.fws.gov.
    (4) Office of the Regional Director in each region of the Bureau of 
Indian Affairs (BIA) in which the archaeological investigation is 
taking place. A current listing of contact information may be obtained 
by visiting the BIA website at https://www.bia.gov/regional-offices and 
by contacting the Regional Archaeologist.
    (5) Office of the Regional Director in each region of the Bureau of 
Land Management (BLM) in which the archaeological investigation is 
taking place. Contact information can be found on the BLM leadership 
website at https://www.blm.gov/leadership.
    (6) Bureau of Reclamation (Reclamation), Federal Preservation 
Officer, Denver Federal Center, and the Office of the Regional 
Archaeologist in each Reclamation region in which the archaeological 
work is taking place. A current list of the Regional Archaeologists can 
be found at https://www.usbr.gov/cultural/crmstaff.html.

SYSTEM MANAGER(S):
    (1) National Park Service--Departmental Consulting Archaeologist, 
National Park Service, 1849 C Street NW, Mail Stop 7508 MIB, 
Washington, DC 20240.
    (2) U.S. Fish and Wildlife Service--Office of the Regional Director 
in each National Wildlife Refuge in which the archaeological 
investigation is taking place. A current listing of these offices may 
be obtained by writing to the System Manager/s or by visiting the FWS 
website at https://www.fws.gov.
    (3) Bureau of Indian Affairs--Regional Director in each Region of 
the BIA in which the archaeological investigation is taking place. A 
current listing of contact information may be obtained by visiting the 
BIA website at https://www.bia.gov/regional-offices and by contacting 
the Regional Archaeologist.
    (4) Bureau of Land Management--Headquarters Division Chief, 
Division of Education, Cultural and Paleontological Resources, 760 
Horizon Dr, Ste. 109, Grand Junction, CO 81506.
    (5) Bureau of Reclamation--Federal Preservation Officer, Denver 
Federal Center, PO Box 25007, Denver, CO 80225-0007.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Archaeological Resources Protection Act of 1979, 16 U.S.C. 
470aa-470mm; 43 CFR part 7, Protection of Archaeological Resources; The 
Antiquities Act of 1906, Public Law 59-209, 34 Stat. 225; Monuments, 
Ruins, Sites, and Objects of Antiquity, 54 U.S.C. 320301-320303; 25 CFR 
262.8, Custody of archaeological resources; 43 CFR part 3, Preservation 
of American Antiquities; U.S.C. Title 54--National Park Service and 
Related Programs; The National Park Service Organic Act; The 
Reclamation Act; The National Wildlife Refuge System Administration 
Act; and The Federal Land Policy and Management Act.

PURPOSE(S) OF THE SYSTEM:
    The primary purposes of the system are to support the management, 
preservation, and protection of archaeological resources on Federal 
lands; help Federal land managers oversee research projects, monitor 
fieldwork, manage field records and reports, and ensure material 
objects are appropriately curated; and comply with ARPA and 43 CFR part 
7 for the protection of archaeological resources.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include members of the public, 
researchers, principal investigators, field directors, and permit 
administrators who apply for or process permits for proposed 
archaeological investigations, Tribal officials involved in the permit 
approval process, and Federal employees with responsibility for 
administering permits for proposed archaeological investigations. This 
system contains records concerning corporations, educational 
institutions, and other business entities, which are not subject to the 
Privacy Act. However, records pertaining to individuals acting on 
behalf of corporations and other business entities may reflect personal 
information.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains records related to the management and 
protection of archaeological resources including permits, applications, 
investigations, notice of violations, assessment of penalties, records 
related to violations, referrals for investigation, suspension or 
revocation, appeals and administrative decisions, and documented 
consent from Tribes or Indian owner(s). These records may include but 
are not limited to: permit number, name, personal or business address, 
personal or business telephone number, personal or business email 
address, advanced education and related documentation, training, 
qualifications, nature and location of proposed work, duration of 
project and fieldwork, proposed outlet(s) for public written 
dissemination of the investigation results, signature of permit 
administrator, and any additional information that may be required to 
fulfill requirements of the ARPA and 43 CFR part 7 to manage and 
protect archaeological resources.

RECORD SOURCE CATEGORIES:
    Records in the system are obtained from commercial organizations 
and independent researchers at institutions, such as colleges and 
universities, who submit an application for a permit, a report, or 
artifacts, provide evidence to a Federal land manager, or are involved 
in a permit application, excavation, controlled collection, analysis, 
or permitted activity.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DOI as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys, or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    (1) DOI or any component of DOI;
    (2) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (3) Any DOI employee or former employee acting in his or her 
official capacity;
    (4) Any DOI employee or former employee acting in his or her 
individual

[[Page 81101]]

capacity when DOI or DOJ has agreed to represent that employee or pay 
for private representation of the employee; or
    (5) The United States Government or any agency thereof, when DOJ 
determines that DOI is likely to be affected by the proceeding.
    B. To a congressional office when requesting information on behalf 
of, and at the request of, the individual who is the subject of the 
record.
    C. To the Executive Office of the President in response to an 
inquiry from that office made at the request of the subject of a record 
or a third party on that person's behalf, or for a purpose compatible 
with the reason for which the records are collected or maintained.
    D. To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, State, territorial, local, Tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    E. To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    F. To Federal, State, territorial, local, Tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    G. To representatives of the National Archives and Records 
Administration (NARA) to conduct records management inspections under 
the authority of 44 U.S.C. 2904 and 2906.
    H. To State, territorial and local governments and Tribal 
organizations to provide information needed in response to court order 
and/or discovery purposes related to litigation, when the disclosure is 
compatible with the purpose for which the records were compiled.
    I. To an expert, consultant, grantee, shared service provider, or 
contractor (including employees of the contractor) of DOI that performs 
services requiring access to these records on DOI's behalf to carry out 
the purposes of the system.
    J. To appropriate agencies, entities, and persons when:
    (1) DOI suspects or has confirmed that there has been a breach of 
the system of records;
    (2) DOI has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DOI (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and
    (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DOI's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    K. To another Federal agency or Federal entity, when DOI determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in:
    (1) responding to a suspected or confirmed breach; or
    (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    L. To the Office of Management and Budget (OMB) during the 
coordination and clearance process in connection with legislative 
affairs as mandated by OMB Circular A-19.
    M. To the Department of the Treasury to recover debts owed to the 
United States.
    N. To the news media and the public, with the approval of the 
Public Affairs Officer in consultation with counsel and the Senior 
Agency Official for Privacy, where there exists a legitimate public 
interest in the disclosure of the information, except to the extent it 
is determined that release of the specific information in the context 
of a particular case would constitute an unwarranted invasion of 
personal privacy.
    O. To State Historic Preservation Offices to maintain inventory of 
known archaeological sites located within the State, including sites on 
Federal lands in order to:
    (1) conduct a comprehensive statewide survey of historic property 
and maintain inventories of the property; and
    (2) maintain historical and archaeological data under a contract or 
cooperative agreement.
    P. To Federal, State, territorial, and local governments, Tribal 
organizations, and members of the public to conduct consultations among 
agency officials and other parties with an interest in the effects of 
the undertaking, including any project, activity, or program either 
funded, permitted, licensed, or approved by a Federal agency, on 
historic properties or Federal lands.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored in both paper format and electronic format. 
Paper records are contained in file folders stored in secured file 
cabinets. Electronic records are contained in removable drives, 
computers, email, and electronic databases.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in the system may be retrieved by name, address, telephone 
number, or email address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are maintained in accordance with 
Department-wide or specific bureau records retention schedules that 
have been approved by NARA.
    NPS maintains records in accordance with the NPS Record Schedule, 
Resource Management and Lands (Item 1), 1.A, Land Acquisition and Land 
Status Records, which has been approved by NARA (N1-79-08-1). Permits 
for archaeological investigations are permanent. Permanent special 
media and electronic records along with any finding aids or descriptive 
information, including linkage to the original file, and related 
documentation are transferred by calendar year to the National Archives 
when 3 years old. Digital records will be transferred according to 
standards applicable at the time. All other permanent records are 
transferred to the National Archives 15 years after closure.
    FWS maintains records in accordance with the FWS Records Schedule, 
PERM-811, Archaeological Permit Files which has been approved by NARA 
(N1-022-05-01/34). These records are considered temporary. Approved 
permits are maintained for three years after the permit expiration or 
termination date. Denied permits are maintained for 1 year after the 
final determination.
    BIA records are maintained under Indian Affairs Records Schedule, 
Cultural Resources Site Study (4303 or TR-4303-P5) approved by NARA 
(N1-075-04-001) and Indian Land Permit (4502 or TR-4502 P-5) (N1-075-
04-03). These records are scheduled as permanent. Records are 
maintained in the office of record for five years after cutoff, and 
then retired to the American Indian Records Repository. Transfer to the 
National Archives of the United

[[Page 81102]]

States in accordance with the signed Standard Form 258, Agreement to 
Transfer Records to the National Archives of the United States.
    BLM records are maintained under the BLM Records Schedule 4, 
Property Use and Disposal, Item 11A--Resources Inventory, Study, or 
Survey Case Files (N1-49-90-01). These records are scheduled as 
permanent. Records are maintained in the office for three years after 
cutoff then transferred to a Federal Records Center (FRC) and are 
transferred to NARA 25 years after cutoff.
    Reclamation records are currently maintained in accordance with the 
following approved NARA Reclamation Records Retention Schedule 3, 
Environmental Compliance and Management, ENV-3.00, Cultural Resources 
(N1-115-94-7). Archeology files have a permanent retention. Records are 
transferred to the FRC 10 years after cutoff then transferred to NARA 
30 years after cutoff.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The records contained in this system are safeguarded in accordance 
with 43 CFR 2.226 and other applicable security and privacy rules and 
policies. During normal hours of operation, paper records are 
maintained in locked file cabinets under the control of authorized 
personnel. Computer servers on which electronic records are stored are 
located in secured DOI controlled facilities with physical, technical 
and administrative levels of security to prevent unauthorized access to 
the DOI network and information assets. Access is restricted to 
authorized personnel who are individually authorized to use the system 
based on their roles. A Privacy Act Warning Notice appears on computer 
monitor screens when records containing information on individuals are 
first displayed. Data exchanged between the servers and the system is 
encrypted. Backup media are encrypted and stored in a locked and 
controlled room in a secure, off-site location.
    All authorized users are trained and required to follow established 
internal security protocols and must complete all security, privacy, 
and records management training and sign the DOI Rules of Behavior. 
Privacy impact assessments are conducted on information systems to 
ensure that Privacy Act requirements are met and appropriate privacy 
controls were implemented to safeguard the personally identifiable 
information contained in the system.

RECORD ACCESS PROCEDURES:
    An individual requesting access to their records should send a 
written inquiry to the applicable System Manager identified above. DOI 
forms and instructions for submitting a Privacy Act request may be 
obtained from the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must include a 
general description of the records sought and the requester's full 
name, current address, and sufficient identifying information such as 
date of birth or other information required for verification of the 
requester's identity. The request must be signed and dated and be 
either notarized or submitted under penalty of perjury in accordance 
with 28 U.S.C. 1746. Requests submitted by mail must be clearly marked 
``PRIVACY ACT REQUEST FOR ACCESS'' on both the envelope and letter. A 
request for access must meet the requirements of 43 CFR 2.238.

CONTESTING RECORD PROCEDURES:
    An individual requesting amendment of their records should send a 
written request to the applicable System Manager as identified above. 
DOI instructions for submitting a request for amendment of records are 
available on the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must clearly 
identify the records for which amendment is being sought, the reasons 
for requesting the amendment, and the proposed amendment to the record. 
The request must include the requester's full name, current address, 
and sufficient identifying information such as date of birth or other 
information required for verification of the requester's identity. The 
request must be signed and dated and be either notarized or submitted 
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests 
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR 
AMENDMENT'' on both the envelope and letter. A request for amendment 
must meet the requirements of 43 CFR 2.246.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
about them should send a written inquiry to the applicable System 
Manager as identified above. DOI instructions for submitting a request 
for notification are available on the DOI Privacy Act Requests website 
at https://www.doi.gov/privacy/privacy-act-requests. The request must 
include a general description of the records and the requester's full 
name, current address, and sufficient identifying information such as 
date of birth or other information required for verification of the 
requester's identity. The request must be signed and dated and be 
either notarized or submitted under penalty of perjury in accordance 
with 28 U.S.C. 1746. Requests submitted by mail must be clearly marked 
``PRIVACY ACT INQUIRY'' on both the envelope and letter. A request for 
notification must meet the requirements of 43 CFR 2.235.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Teri Barnett,
Departmental Privacy Officer, U.S. Department of the Interior.
[FR Doc. 2024-23078 Filed 10-4-24; 8:45 am]
BILLING CODE 4334-63-P