[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82061-82064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32878]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Notice To Amend an Existing System of Records; Privacy Act of
1974; as Amended
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of amendment to an Existing 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 public notice
of its intent to amend the Bureau of Land Management's (BLM) Range
Management System--Interior, LLM-2 notice. The amendment includes
changes to ``System location,'' ``Disclosures outside the Department of
the Interior,'' ``Storage,'' ``Retrievability,''
[[Page 82062]]
``Safeguards,'' ``Retention and Disposal,'' ``System Manager(s) and
Address,'' ``Notification Procedures,'' ``Record Access Procedures,''
and ``Contesting Record Procedures.'' The category ``Security
Classification'' has been added. The amended system of records is
captioned ``Interior-LLM-2'' and is titled ``Range Management System.''
DATES: Comments must be received by February 7, 2011.
ADDRESSES: Any person interested in commenting on this amendment may do
so by submitting comments in writing to the BLM Privacy Office, 1849 C
Street, NW., 725 LS, Washington, DC 20240; hand delivering comments to
the BLM Privacy Office, 1620 L Street, Suite 700, Washington, DC 20036;
or e-mailing comments to privacy@blm.gov. Before including your
address, telephone number, e-mail address, or other personal
identifying information in your comment, you should be aware that your
entire comment-including your personal identifying information-may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT: Robert Roudabush, Division Chief,
Rangeland Resources, Bureau of Land Management, 1849 C Street, NW.,
Room 201 LS, Washington, DC 20240, phone number 202-912-7222, or e-mail
Rob_Roudabush@blm.gov.
SUPPLEMENTARY INFORMATION: The BLM maintains the Range Management
system of records. The purpose of this system is to (1) maintain an
orderly record of grazing permittee information, allotment information,
historical allotment or grazing permittee information used to manage
authorized grazing and grazing related activity on public land; (2)
maintain support documentation to manage authorizations; (3) maintain
billing and collections information; (4) maintain grazing decisions;
(5) maintain correspondence related to grazing authorizations and
allotments; (6) document unauthorized use; (7) enable the BLM to
effectively administer livestock grazing and associated activities on
public lands; and (8) provide information to state, local and tribal
governments, and other Federal agencies, businesses, organizations, and
individuals to assist in transparency and promote the orderly
administration of livestock grazing on public lands.
For the purposes of this document a grazing permitee is an
individual or business authorized to graze livestock on public land, an
applicant for an authorization to graze livestock on public land, or a
base property owner.
These amendments are in accordance with the recent decision in
Western Watersheds Project v. Bureau of Land Management, Case No. CV
09-482-CWD, Memorandum Decision and Order (D. Idaho Sept. 13, 2010). In
this case, the Court found that any privacy interest grazing permittees
have in their names and addresses are minimal and the public interest
in disclosing the names and addresses of permittees is substantial.
Therefore, the Court held that the disclosure of the names and
addresses of permittees would not constitute a clearly unwarranted
invasion of personal privacy, and that the Department's reliance on
Exemption 6, under the Freedom of Information Act for withholding this
information, was not justified.
The amendments to the Range Management system of records will be
effective as proposed at the end of the comment period (the comment
period will end 40 days after the publication of this notice in the
Federal Register), unless comments are received which would require a
contrary determination. The DOI will publish a revised notice if
changes are made based upon a review of the comments received.
Annette Cathcart,
Acting BLM Privacy Act Officer.
INTERIOR/LLM-2
SYSTEM NAME:
Range Management System--Interior, LLM-2.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Grazing case files in paper medium are maintained and can be
accessed at the local field office where the grazing authorization is
issued and managed. A grazing authorization consists of a permit,
lease, or exchange of use agreement. Paper records can be viewed at the
local field office, but are not consolidated by the Bureau of Land
Management (BLM) and must be viewed at individual field offices. The
Range Management system database called the Rangeland Administration
System (RAS) is maintained and can be accessed at the U.S. Department
of the Interior, Bureau of Land Management, National Operation Center,
Denver Federal Center, Building 50, Denver, Colorado 80225. The records
in RAS can also be accessed from the BLM Headquarters Office in
Washington, DC and from all BLM state and field offices, and in all of
the BLM public rooms.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Records are maintained on individuals and businesses that are
authorized to graze livestock on lands administered by the BLM,
applicants for grazing authorizations, base property owners, and lien
holders that have notified BLM. Only records reflecting personal
information of individuals (i.e. citizens of the United States or
aliens lawfully admitted for permanent residence) are subject to the
Privacy Act. This system contains records which are not subject to the
Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
The paper records may contain the grazing permittee's name,
address, telephone number; BLM assigned case file number and operator
number; grazing allotment description; grazing applications; grazing
preference summary and history; signed grazing authorization with all
terms and conditions (including permits, leases and exchange of use
agreements); grazing fee and service charge billing statements;
evidence of ownership or control of base property; notice from lien
holder with lien holder's name and address; corporate or partnership
documentation; affiliate documentation; notice of authorized
representative with authorized representative's name, address and phone
number; livestock control agreements; copies of brand registration;
closed unauthorized use case records; Cooperative Range Improvement
Agreements; Range Improvement Permits; Assignment of Range
Improvements; grazing decisions; correspondence to, or received from,
the grazing permittee; and status of National Environmental Policy Act
(NEPA) documentation. Information is provided by an applicant, grazing
permittee, lien holder, and persons or businesses such as realtors or
consultants, representing the grazing permittee. Information is
provided either at or to a BLM facility. Some information, such as
information related to permit compliance, is collected by BLM
personnel. Paper records may contain information (e.g., correspondence,
signed authorization) that is not stored in the electronic record.
The electronic record may contain the grazing permittee's name,
address, telephone number; BLM assigned case file number and operator
number; grazing allotment description and information; current grazing
application; grazing preference summary; terms and conditions of the
[[Page 82063]]
current grazing authorization; grazing fee and service charge billing
statements; reports regarding compliance with terms and conditions of
permits; notice of lien holder; and notice of authorized
representative. Information is provided by the grazing permittee, lien
holder, and persons or businesses representing the grazing permittee,
such as realtors or consultants. Information is provided either at or
to a BLM facility. Some information, such as information related to
permit compliance, is collected by BLM personnel. Information is
entered into the RAS by an authorized BLM employee or contractor.
Information that is available on the RAS public Web site is available
in the paper records and may be available at the local office on
request.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
43 U.S.C. 315, et seq.
ROUTINE USE OF THE RECORDS MAINTAINED IN THE SYSTEM, INCLUDING
CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The primary uses of the records are:
(1) To provide the BLM, the DOI or state, local and tribal
governments, and Federal agencies with relevant information about
grazing authorizations, including decisions to authorize grazing on
public lands, to allow BLM to administer livestock grazing on public
rangelands, and to allow other government agencies to manage activities
related to BLM's grazing program in accordance with applicable laws and
regulations,
(2) To ensure that grazing permittees and interested members of the
public have appropriate opportunity to be informed about the public
land grazing program administered by the BLM,
(3) To print statements of grazing preference, grazing
authorizations, billings for grazing fees, and to generate reports, and
(4) To provide grazing information, including allotment and pasture
boundaries, to the public through an external Web site.
The publicly accessible Web site makes a number of reports
available to the public. The reports are generated from the information
in RAS. The BLM will provide personal and corporate names and addresses
of grazing permittees on the publicly accessible Web site. Telephone
numbers of individuals with a grazing authorization will not be made
available on the publicly accessible Web site. Any personal financial
information also will not be made available on the publicly accessible
Web site. After the system amendment is published in the Federal
Register, BLM will notify permittees of a 60 day opportunity to provide
an alternate mailing address before providing access to names and
addresses of individuals through the RAS public Web site.
Disclosures outside the DOI may be made without the consent of the
grazing permittee to whom the record pertains under the routine uses
listed below:
(1)(a) To any of the following entities or individuals, when the
circumstances set forth in paragraph (b) are met:
(i) The U.S. Department of Justice (DOJ);
(ii) A court or an adjudicative or other administrative body;
(iii) A party in litigation before a court or an adjudicative or
other administrative body; or
(iv) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(b) When:
(i) One of the following is a party to the proceeding or has an
interest in the proceeding:
(A) DOI or any component of DOI;
(B) Any other federal agency appearing before the Office of
Hearings and Appeals;
(C) Any DOI employee acting in his or her official capacity;
(D) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(E) The United States, when DOJ determines that DOI is likely to be
affected by the proceeding; and
(ii) DOI deems the disclosure to be:
(A) Relevant and necessary to the proceeding; and
(B) Compatible with the purpose for which the records were
compiled.
(2) To a congressional office in response to a written inquiry that
an individual covered by the system, or the heir of such individual if
the covered individual is deceased, has made to the congressional
office.
(3) To any criminal, civil, or regulatory law enforcement authority
(whether Federal, state, territorial, local, or tribal) 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.
(4) 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.
(5) To Federal, state, territorial, local, or tribal 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.
(6) 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.
(7) To state and local governments and tribal organizations or
their representatives 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.
(8) To an expert, consultant, 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.
(9) To appropriate agencies, entities, and persons when:
(a) It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; and
(b) The DOI has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interest, identity theft or fraud, or harm to the security or integrity
of this system or other systems or programs (whether maintained by the
DOI or another agency or entity) that rely upon the compromised
information;
(c) The disclosure is made to such agencies, entities and persons
who are reasonably necessary to assist in connection with the DOI's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
(10) 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.
(11) To the Department of the Treasury to recover debts owed to the
United States.
(12) To the news media when the disclosure is compatible with the
purpose for which the records were compiled as determined by the BLM.
(13) To a consumer reporting agency if the disclosure requirements
of the
[[Page 82064]]
Debt Collection Act, as outlined at 31 U.S.C. 3711(e)(1), have been
met.
(14) To recipients of proposed grazing decisions as set forth in
Title 43 Code of Federal Regulations (CFR) Part 4160.1(a) and Final
Grazing decisions in accordance with Title 43 CFR Parts 4160.3(b) and
4.21(b)(3).
(15) To commercial interests (such as hunting guides, outfitters,
energy and minerals developers, and right-of-way applicants) or their
representatives, whose activities are likely to affect the grazing
permittee's management of livestock or maintenance or use of range
improvements and who require the information in order to communicate,
consult with or coordinate activities with the grazing permittee.
(16) To state and local governments and tribal organizations, or
their representatives, when needed to administer their duties that
directly relate to livestock grazing on BLM administered public lands.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are stored in file folders in locked file cabinets
and/or secure locking file rooms at BLM field offices. Electronic
records are stored on disk, system hard drives, tape, or other
appropriate media, and can be used to print paper or generate
electronic reports.
RETRIEVABILITY:
Records are indexed and associated by grazing permittee and grazing
authorization number, operator, allotment number, range improvement
number, or location.
SAFEGUARDS:
Access to records that are not released under a routine use is
limited to authorized personnel whose official duties require such
access. The paper records are maintained in secure cabinets and/or in
secure file rooms. The records are maintained with safeguards meeting
the requirements of 43 CFR 2.51. Electronic records conform to the OMB
and DOI guidelines reflecting the implementation of the Federal
Information Security Management Act. Electronic data is protected
through user identification, passwords, database permissions and
software controls. Such security measures will establish different
access levels for different types of users. A Privacy Impact Assessment
was completed on the system to ensure that privacy protection measures
were in place. BLM conducts information and records security training
for all employees.
RETENTION AND DISPOSAL:
Paper records are covered by various BLM Record Schedules and the
(NARA) guidance on permanent and temporary records disposition as
follows:
Grazing Authorization Files, Grazing Operator Case Files, Schedule
4, Item 14a(1);
Grazing Authorization Files, Grazing Appeal Case Files, Schedule 4,
Item 14a(2);
Accountable Officers Files (Grazing Bills), Schedule 6, Item 1; and
Trespass Investigative Files, Schedule 18, Item 31.
Electronic records are covered by the BLM Record Schedule 20, Item
42 and the NARA guidance on permanent and temporary records
disposition.
SYSTEM MANAGER(S) AND ADDRESS:
Official responsible for the electronic record: System Owner
Representative for Rangeland Management Systems, Bureau of Land
Management (WO-220), Department of the Interior, Bureau of Land
Management, 1849 C Street, NW., Washington, DC 20240.
The official responsible for the paper records is the Field Manager
at the designated field office where a grazing permittee's or lessee's
records are located. If you are unaware of the particular field office
where the records are located, the State Office with administrative
responsibility over your state can be contacted:
Bureau of Land Management, Arizona State Office, One North Central
Avenue, Suite 800, Phoenix, Arizona 85004-4427;
Bureau of Land Management, California State Office, 2800 Cottage
Way, Suite W-1834, Sacramento, California 95825-1886;
Bureau of Land Management, Colorado State Office, 2850 Youngfield
Street, Lakewood, Colorado 80215-7076;
Bureau of Land Management, Idaho State Office,1387 S. Vinnell Way,
Boise, Idaho 83709-1657;
Bureau of Land Management, Montana State Office, (Area of
Administration: Montana, North Dakota, South Dakota), 5001 Southgate
Drive, Billings, Montana 59101-4669;
Bureau of Land Management, Nevada State Office, 1340 Financial
Boulevard, P.O. Box 12000, Reno, Nevada 89520-0006;
Bureau of Land Management, New Mexico State Office, (Area of
Administration: New Mexico, Kansas, Oklahoma, Texas), 301 Dinosaur
Trail, P.O. Box 27115, Santa Fe, New Mexico 87502-0115;
Bureau of Land Management, Oregon State Office, (Area of
Administration: Oregon, Washington), 333 SW 1st Avenue, Portland,
Oregon 97204;
Bureau of Land Management, Utah State Office, 440 West 200 South,
Suite 500, Salt Lake City, Utah 84145-0155;
Bureau of Land Management, Wyoming State Office, (Area of
Administration: Wyoming, Nebraska), 5353 Yellowstone Avenue, P.O. Box
1828, Cheyenne, Wyoming 82003-1828.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
on himself or herself should send or provide a signed, written inquiry
to the System Manager or the Privacy Officer at the respective BLM
State Office as identified above or at the local BLM field office. The
request envelope and letter should both be clearly marked ``PRIVACY ACT
INQUIRY.'' A request for notification must meet the requirements of 43
CFR 2.60.
RECORDS ACCESS PROCEDURES:
An individual requesting records on himself or herself should send
a signed, written inquiry to the Systems Manager or the Privacy Officer
at the respective BLM State Office as identified above. The request
should describe the records sought as specifically as possible. The
request envelope and letter should both be clearly marked ``PRIVACY ACT
REQUEST FOR ACCESS.'' A request for access must meet the requirements
of 43 CFR 2.63.
CONTESTING RECORDS PROCEDURES:
An individual requesting corrections to or the removal of material
from his or her records should send a signed, written request to the
System Manager or the Privacy Officer at the respective BLM State
Office as identified above. A request for corrections or removal must
meet the requirements of 43 CFR 2.71.
RECORD SOURCE CATEGORIES:
Information is provided by the grazing permittee, applicant, lien
holder, business, or individual representing the grazing permittee.
Some information, such as permit compliance, is collected by BLM
personnel.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2010-32878 Filed 12-28-10; 8:45 am]
BILLING CODE 4310-84-P