[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24929-24931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10017]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; New System of Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Department of Agriculture (USDA) is proposing to add a new Forest 
Service system to its inventory of records systems. USDA invites public 
comment on this new records system.

DATES: Comments must be received in writing, on or before May 29, 2012. 
This system will be adopted without further notice, on June 25, 2012, 
unless modified to respond to comments received from the public and 
published in a subsequent notice.

ADDRESSES: Send written comments to the Forest Service Freedom of 
Information Act and Privacy Act Officer, USDA Forest Service, 1400 
Independence Avenue SW., Mail Stop 1143, Washington, DC 20250-1143. 
Comments may also be sent via email to

[[Page 24930]]

wo_foia@fs.fed.us, or via facsimile to (202) 260-3245.

FOR FURTHER INFORMATION CONTACT: Brett Butler, USDA Forest Service, 160 
Holdsworth Way, Amherst, Massachusetts 01003-4230, bbutler01@fs.fed.us, 
(413) 545-1387. Individuals who use telecommunication devices for the 
deaf (TDD) may call the Federal Relay Service (FRS) at 1 (800) 877-8339 
between 8 a.m. and 8 p.m., Eastern Standard time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION:

I. Background

    Established in 1905, the Forest Service is an agency of the U.S. 
Department of Agriculture. The mission of the USDA's Forest Service is 
to sustain the health, diversity, and productivity of the Nation's 
forests and grasslands, which encompass 193 million acres of land, to 
meet the needs of present and future generations.
    The purpose of this system is to allow the Forest Service to 
maintain records regarding contact information of private landowners in 
the United States who are solicited to participate in the National 
Woodland Owner Survey (NWOS). The contact information collected is the 
name, mailing address, phone number, and email address; and it is used 
to solicit participation in the NWOS. The information collected through 
the survey is used only to produce statistical reports of general 
trends in landowner attributes. The results from the survey are stored 
in a separate database and are not a part of this system of records.
    Pursuant to the Privacy Act, and as part of the Forest Service's 
ongoing effort to review and update system of records notices, the 
agency proposes a new records system: National Woodland Owner Survey 
Database.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is 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. In the Privacy Act, 
an individual is defined to encompass United States citizens and lawful 
permanent residents.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the 
USDA/FS-58 National Woodland Owner Survey Database.
    A report of the proposed system of records, required by 5 U.S.C. 
552a(r) as implemented by Office of Management and Budget (OMB) 
Circular A-130, was sent to the Chairman, Committee on Homeland 
Security and Governmental Affairs, United States Senate; the Chairman, 
Committee on Oversight and Government Reform, U.S. House of 
Representatives; and the Administrator, Office of Information and 
Regulatory Affairs, OMB.

    Dated: March 30, 2012.
Thomas J. Vilsack,
Secretary.


System name:
    National Woodland Owners Database, USDA/FS-58.

Security classification:
    None.

System location:
    The records in this system are collected in a database located on 
secure servers in Kansas City, Missouri.

Categories of individuals covered by the system:
    Private woodland owners, including individuals, families, 
businesses, and other private groups, in the United States that are 
solicited to participate in the National Woodland Owner Survey.

Categories of records in the system:
    Name, mailing address, phone number, email address, and a unique 
identification number that is internally generated.

Authority for maintenance of the system:
    16 U.S.C. 1600-1614; 16 U.S.C. 1641-1647

Purpose(s):
    The purpose of this system is to allow the USDA Forest Service to 
maintain records regarding private woodland owners in the United States 
who are solicited to participate in the National Woodland Owner Survey.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. Disclose to the Department of Justice when (a) the agency or any 
component thereof; or (b) any employee of the agency in his or her 
official capacity where the Department of Justice has agreed to 
represent the employee; or (c) the United States Government, is a party 
to litigation or has an interest in such litigation, and by careful 
review, the agency determines that the records are both relevant and 
necessary to the litigation, and the use of such records by the 
Department of Justice is therefore deemed by the agency to be for a 
purpose that is compatible with the purpose for which the agency 
collected the records.
    2. Disclose to a court or adjudicative body in a proceeding when 
(a) the agency or any component thereof; or (b) any employee of the 
agency in his or her official capacity; or (c) any employee of the 
agency in his or her individual capacity where the agency has agreed to 
represent the employee; or (d) the United States Government, is a party 
to the litigation or has an interest in such litigation, and by careful 
review, the agency determines that the records are both relevant and 
necessary to the litigation, and the use of such records is therefore 
deemed by the agency to be for a purpose that is compatible with the 
purpose for which the agency collected the records.
    3. Disclose when a record on its face, or in conjunction with other 
records, indicates a violation or potential violation of law, whether 
civil, criminal, or regulatory in nature, and whether arising by 
general statute or particular program statute, or by regulation, rule, 
or order issued pursuant thereto, disclosure may be made to the 
appropriate agency, whether Federal, foreign, State, local, or Tribal, 
or other public authority responsible for enforcing or implementing the 
statute, or rule, regulation, or order issued pursuant thereto, if the 
information disclosed is relevant to any enforcement, regulatory, 
investigative, or prosecutive responsibility of the receiving entity.
    4. Disclose to a Member of Congress or a Congressional staff member 
in response to an inquiry of the Congressional office made at the 
written request of the constituent about whom the record is maintained.
    5. Disclose to the National Archives and Records Administration or 
to the General Services Administration for records management 
inspections conducted under 44 U.S.C. 2904 and 2906.

[[Page 24931]]

    6. Disclose to employees of USDA's National Agricultural Statistics 
Service, agency contractors, grantees, experts, consultants, or 
volunteers who have been engaged by the agency to assist in the 
performance of a service related to this system of records and who need 
to have access to the records in order to perform the activity. 
Recipients shall be required to comply with the requirements of the 
Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
    7. Disclose to appropriate agencies, entities, and persons when (1) 
the Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Information is maintained in an electronic database and stored on 
secured servers in Kansas City, Missouri.

Retrievability:
    Electronic records are indexed and retrieved electronically using 
multiple queries including name, unique identification number, or other 
criteria.

Safeguards:
    All electronic records are maintained in a secure, password-
protected, database and stored on secured servers in Kansas City, 
Missouri. The server is protected by a firewall, and a password is 
required for access. Access is limited to the database manager and to 
personnel authorized by the database manager.

Retention and disposal:
    Records are maintained under file code 4810 and retained and 
disposed of in accordance with the appropriate General Records 
Schedules of the National Archives and Records Administration.

System manager(s) and Address:
    National Woodland Owner Survey Coordinator, USDA Forest Service, 
160 Holdsworth Way, Amherst, Massachusetts 01003.

Notification procedure:
    Individuals may request information regarding this system of 
records, or information as to whether the system contains records 
pertaining to them from the System Manager (address above). When 
seeking records about yourself from this system of records or any other 
Departmental system of records, your request must conform with the 
Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Freedom of 
Information Act and Privacy Act Officer, USDA Forest Service, 1400 
Independence Avenue SW., Mailstop 1143, Washington, DC 20250-1143, wo_foia@fs.fed.us, (202) 205-1542.

Record access procedures:
    Individuals who wish to gain access to or amend records pertaining 
to them should submit a written request to the System Manager (address 
above). The envelope should be marked ``Privacy Act Request.''

Contesting record procedures:
    Use the same procedures as those described in Notification 
procedures.

Record source categories:
    Information on private woodland owners is initially collected from 
public records, such as property tax rolls. The information is then 
maintained and updated with information received from owners who 
voluntarily participate in the National Woodland Owner Survey.

Exemptions claimed for the system:
    None.
[FR Doc. 2012-10017 Filed 4-25-12; 8:45 am]
BILLING CODE 3410-11-P