Privacy Act: Systems of records,
[Federal Register: May 28, 1999 (Volume 64, Number 103)]
[Notices]
[Page 29055-29063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my99-104]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Privacy Act of 1974; as Amended; Amendment to a Systems of Records
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed minor revisions to existing systems of records.
SUMMARY: The U.S. Fish and Wildlife Service conducted a review of its Privacy Act systems pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), and the President's May 14, 1998, memorandum concerning Personal Information in Federal Records. As a result of their own review, they found nine of the U.S. Fish and Wildlife Service's Privacy Act system of records required minor revisions.
DATES: These actions will be effective on May 28, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Johnny R. Hunt, Service Privacy Act Officer, U.S. Fish and Wildlife Service, Phone: 703/358-1730, email (Johnny__Hunt@fws.gov) or by writing to the following address: U.S. Fish and Wildlife Service, Privacy Act Officer, Mail Stop 222 Arlington Square Building, Arlington, Virginia 22203
SUPPLEMENTARY INFORMATION: We list the eight systems of records below which the U.S. Fish and Wildlife Service revised and a brief explanation of the minor revisions which they made. Following that information, we attached the eight revised Privacy Act system notices.
``Tort Claims Records--Interior, FWS-4'' previously published in the Federal Register on December 6, 1983 (48 FR 54715):
(1) We added the regional contracting offices to the list of system managers.
(2) We converted the notice to plain language to implement the President's memorandum of June 1, 1998, requiring the use of plain language in Government writing.
``National Wildlife Refuge Special Use Permits--Interior, FWS-5'' previously published in the Federal Register on December 6, 1983 (48 FR 54716):
(1) We changed the name of the system manager to reflect that office's current title.
(2) We converted the notice to plain language to implement the President's memorandum of June 1, 1998, requiring the use of plain language in Government writing.
``National Fish Hatchery Special Use Permits--Interior, FWS-10'' previously published in the Federal Register on December 6, 1983 (48 FR 54717):
(1) We changed the system location. The records are no longer maintained in the regional offices. They are maintained at the National Fish Hatcheries.
(2) We changed the name of the system manager to reflect the current title of that office.
(3) We converted the notice to plain language to implement the President's memorandum of June 1, 1998, requiring the use of plain language in Government writing.
``Real Property Records--Interior, FWS-11'' previously published in the Federal Register on December 6, 1983 (48 FR 54717):
(1) We updated the system location to include the Washington Office, Division of Realty as another system location.
(2) We updated the section entitled ``Authority for maintenance of the system.''
(3) We updated the section entitled ``Routine uses of records maintained in the system'' to include the required summary reports which we produce (stripped of personal identifiers).
(4) We updated the system managers to reflect a more current address for the Washington Office, Division of Realty; and to include the U.S. Fish and Wildlife Services regional offices.
(5) We added the mandatory section entitled ``Disclosure to consumer reporting agencies''.
(6) We included electronic storage as another medium we use to store records.
(7) We converted the notice to plain language in order to implement the President's memorandum of June 1, 1998, requiring the use of plain language in Government writing.
``Endangered Species Licensee System--Interior, FWS-19'' previously published in the Federal Register on December 6, 1983 (48 FR 54718):
(1) We updated the system location to reflect the current address of the system.
(2) We dropped several categories of records which were part of the old system as we no longer collect the information.
(3) We updated the system manager and address to reflect the current address.
(4) We converted the notice to plain language to implement the President's memorandum of June 1, 1998, requiring the use of plain language in Government writing.
``Investigative Case File System--Interior, FWS-20'' previously published in the Federal Register on December 6, 1983 (48 FR 54719):
(1) We included more specific information about the computerized system being a local area network (LAN) system and password protected.
(2) We provided the current address in the ``System Location'' and ``System Manager(s) and Address'' sections.
(3) We modified the ``Retention and Disposal'' section to include a reference to our records schedule.
(4) We converted the notice to plain language to implement the President's
[[Page 29056]]
memorandum of June 1, 1998, requiring the use of plain language in Government writing.
``U.S. Deputy Game Warden--Interior, FWS-22'' previously published in the Federal Register on March 24, 1981 (46 FR 18375):
(1) We changed the system manager because the program was decentralized and records are now maintained at participating regions. Additionally requests for access and amendments to one's record go to the participating regional offices instead of the Washington Office, Division of Personnel Management.
(2) We added the mandatory section entitled ``Disclosure to consumer reporting agencies''.
(3) We converted the notice to plain language to implement the President's memorandum of June 1, 1998, requiring the use of plain language in Government writing.
``Migratory Bird Population and Harvest Systems--Interior, FWS-26'' previously published in the Federal Register on March 24, 1981 (46 FR 18378):
(1) We eliminated 3 categories of individuals covered by the system. Many of the U.S. Fish and Wildlife Service research functions are now part of the U.S. Geological Survey's Biological Resources Division. They now have responsibility for the following categories of individuals previously collected by the U.S. Fish and Wildlife Service under this Privacy Act system: persons applying for bird banding permits; persons issued bird banding permits; and persons reporting upon banded birds encountered in the wild.
Additionally, we eliminated another category of individuals covered by the system because the program indicated it never needed or collected the information. We previously identified this category as ``unidentified persons observed in the field hunting migratory game birds.''
(2) Because we eliminated the above categories of individuals covered by the system, we needed to make corresponding minor changes in the sections of this notice which deal with categories of records we collect, the routine uses of the records, retention and disposal of the records, notification procedure, and the record source categories. Therefore, we updated those sections.
(3) We added the mandatory section entitled ``Disclosure to consumer reporting agencies''.
(4) We updated the address for the system manager.
(5) We converted the notice to plain language to implement the President's memorandum of June 1, 1998, requiring the use of plain language in Government writing.
``Correspondence Control System--Interior, FWS-27'' previously published in the Federal Register on April 11, 1977 (42 FR 19092):
(1) We updated the system location to more accurately reflect where the records are maintained.
(2) We updated the name of the system manager to reflect the current title of that office.
(3) We added the mandatory section entitled ``Disclosure to consumer reporting agencies''.
(4) We converted the notice to plain language to implement the President's memorandum of June 1, 1998, requiring the use of plain language in Government writing.
Dated: May 17, 1999. Roy M. Francis, Departmental Privacy Act Officer. INTERIOR/FWS-4
SYSTEM NAME:
Tort Claims Records--Interior, FWS-4.
SYSTEM LOCATION:
(1) Division of Contracting and General Services, U.S. Department of the Interior, Fish and Wildlife Service, Washington, DC 20240; (2) regional offices of U.S. Fish and Wildlife Service. (See 50 CFR part 2 for regional addresses).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Claimants for damages to personal property or personal injury.
CATEGORIES OF RECORDS IN THE SYSTEM:
Contains information regarding the evaluation of individual claims for damage to or loss of personal property or personal injury, i.e., name, address, insurance company, estimates of repair costs, accident reports by Government officials, law enforcement officials, attorneys, hospital and doctors reports and bills for service, statements from witnesses.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Tort Claims Act (28 U.S.C. 2671-2680).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The primary users of the records are by tort claims officers and attorneys in the Office of the Solicitor. They use the information to evaluate tort claims. The information may also be disclosed outside of the Department to the following parties and under the following circumstances.
(1) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(2) The Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when:
(a) One of the following is a party to the proceeding or has an interest in the proceeding:
(1) The Department or any component of the Department;
(2) Any Departmental employee acting in his or her official capacity;
(3) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or
(4) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and
(b) The Department deems the disclosure to be:
(1) Relevant and necessary to the proceedings; and
(2) Compatible with the purpose for which we compiled the information;
(3) The appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule, regulation, order or license;
(4) A congressional office in response to an inquiry to that office by the individual to whom the records pertain;
(5) To other Federal agencies to effect salary and administrative offsets;
(6) To debt collection agencies for purposes of locating a debtor to collect or compromise a Federal claim against the debtor;
(7) To a consumer reporting agency to prepare a commercial credit report for use by the Department.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
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POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Maintained in paper form in ``Tort Claim files.''
RETRIEVABILITY:
Maintained by name of claimant.
SAFEGUARDS:
Maintained in compliance with provisions of 43 CFR 2.51.
RETENTION AND DISPOSAL:
Disposed of four years after settlement of the claim. Record copies are held by the Office of the Solicitor, U.S. Department of the Interior.
SYSTEM MANAGER(S) AND ADDRESS:
(1) Chief, Division of Contracting and General Services, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240.
(2) Regional Contracting Offices of the U.S. Fish and Wildlife Service (See 50 CFR 2 for Regional Addresses).
NOTIFICATION PROCEDURE:
Send inquiries regarding those records held in the Washington Office to the Chief, Division of Contracting and General Services. Send inquiries regarding those records held in the regional offices to the Regional Director. The requestor should send in a written signed request for the records.
RECORDS ACCESS PROCEDURES:
Address the request to the Chief, Division of Contracting and General Services for records located in the Washington Office. Address the request to the Regional Director for records located in the regional offices. The request must be in writing, signed by the individual, and must meet the content requirements of 43 CFR 2.63.
CONTESTING RECORD PROCEDURES:
To amend your record, address your request to the Chief, Division of Contracting and General Services. You must meet the content requirements of 43 CFR 2.71.
RECORD SOURCE CATEGORIES:
Records come from the following sources: individuals submitting a claim, investigative reports, statements from witnesses, and medical reports.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Privacy Act does not entitle an individual to access information in reasonable anticipation of a civil action or proceeding. INTERIOR/FWS-5
SYSTEM NAME:
National Wildlife Refuge Special Use Permits--Interior, FWS-5.
SYSTEM LOCATION:
U.S. Fish and Wildlife Service regional offices and individual National Wildlife Refuges.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants who apply for special use permits and cooperative farm agreements on National Wildlife Refuges.
CATEGORIES OF RECORDS IN THE SYSTEM:
Contains the name and address of permittees/cooperators, types of special uses, and any special conditions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 688dd-ee). See 50 CFR parts 29 and 32 for additional information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The primary use of the records is to identify those having special use permits and cooperative farming agreements on National Wildlife Refuges and the terms of those permits and cooperative agreements.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Maintained in paper form.
RETRIEVABILITY:
Maintained by name of claimant.
SAFEGUARDS:
Maintained in compliance with provisions of the Code of Federal Regulations (43 CFR 2.51).
RETENTION AND DISPOSAL:
The records are usually not maintained more than one year following the period of use.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Division of Refuges, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240.
NOTIFICATION PROCEDURE:
Send inquiries regarding the existence of such records to either the Washington Office, Division of Refuges or the regional offices (see 50 CFR part 2 for regional addresses). The requestor should send in a written signed request for the records (see 43 CFR 2.60 of the Code of Federal Regulations) for additional information.
RECORDS ACCESS PROCEDURES:
Address requests for access to your records to either the Washington Office, Division of Refuges or the appropriate Regional Director (see 50 CFR part 2 for regional addresses). The request must be in writing, signed by the individual, and must meet the content requirements of the Code of Federal Regulations (43 CFR 2.63).
CONTESTING RECORD PROCEDURES:
To amend your record, address your request to the Chief, Division of Refuges, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240. You must meet the content requirements indicated in the Code of Federal Regulations (43 CFR 2.71).
RECORD SOURCE CATEGORIES:
Records come from the individuals on whom the records are maintained. INTERIOR/FWS-10
SYSTEM NAME:
National Fish Hatchery Special Use Permits--Interior, FWS-10.
SYSTEM LOCATION:
The records are kept at the National Fish Hatcheries.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are on individuals who applied for special use permits on National Fish Hatcheries.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records contain the names and addresses of permittees, types of special uses, period of use, and any special conditions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The United State Code (16 U.S.C. 640K-3; 16 U.S.C. 664).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The primary use of the records is to identify those having special use permits at the National Fish Hatcheries and to. The records may be disclosed outside of the Department of the Interior under the following circumstances.
(1) Another Federal agency to enable that agency to respond to an inquiry by
[[Page 29058]]
the individual to whom the record pertains.
(2) The Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when:
(a) One of the following is a party to the proceeding or has an interest in the proceeding:
(1) The Department or any component of the Department;
(2) Any Departmental employee acting in his or her official capacity;
(3) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or
(4) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and
(b) The Department deems the disclosure to be:
(1) Relevant and necessary to the proceedings; and
(2) Compatible with the purpose for which we compiled the information.
(3) The appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule regulation, order or license.
(4) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.
(5) To debt collection agencies to locate a debtor or to collect or compromise a Federal claim against the debtor; and
(6) To a consumer reporting agency to prepare commercial credit reports for use by the Department.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Maintained in paper files.
RETRIEVABILITY:
Indexed by name.
SAFEGUARDS:
Maintained in compliance with provisions of the Code of Federal Regulations (43 CFR 2.51).
RETENTION AND DISPOSAL:
We destroy the records one year after the permit expires.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Division of Fish Hatcheries, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240.
NOTIFICATION PROCEDURE:
Send inquiries regarding the existence of such records to either the Washington Office, Division of Fish Hatcheries or the appropriate regional office (see 50 CFR part 2 for regional addresses). The requestor should send in a written signed request for the records (see 43 CFR 2.60 of the Code of Federal Regulations) for additional information.
RECORDS ACCESS PROCEDURES:
Address requests for access to your records to either the Washington Office, Division of Fish Hatcheries or the appropriate Regional Director (see 50 CFR part 2 for regional addresses). The request must be in writing, signed by the individual, and must meet the content requirements of the Code of Federal Regulations (43 CFR 2.63).
CONTESTING RECORD PROCEDURES:
To amend your record, address your request to the Chief, Division of Fish Hatcheries, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240 or the appropriate Regional Director (see 50 CFR part 2 for regional addresses). You must meet the content requirements indicated in the Code of Federal Regulations (43 CFR 2.71).
RECORD SOURCE CATEGORIES:
Records come from the individuals on whom the records are maintained. INTERIOR/FWS-11
SYSTEM NAME:
Real Property Records--Interior, FWS-11.
SYSTEM LOCATION:
We maintain the records at (1) the Division of Realty, U.S. Fish and Wildlife Service, Arlington Square Building, 4401 North Fairfax Drive, Arlington, Virginia 22203 (2) all regional and field offices of the Ecological Services program (See 50 CFR part 2 for addresses).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are on landowners, tenants and permitees from whom the U.S. Fish and Wildlife Service has acquired land, water, or interests therein.
CATEGORIES OF RECORDS IN THE SYSTEM:
We keep the following categories of records in the system:
(1) The title file (contains title evidence, the instrument of conveyance, the acquisition contract, title curative and closing data, title opinions, the survey description and plat, payment vouchers, and the appraisal summary)
(2) The case file (contains the acquisition contract, the instrument of conveyance, closing data, the survey description and plat, payment vouchers, and the appraisal summary)
(3) The correspondence file (contains all general correspondence associated with the acquisition, the negotiator's contacts, and all material used for relocation assistance permits or outgrants
(4) The appraisal report (contains the property description, local market data, comparable sales information, location maps, and an analysis of property value)
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
We collect the information in this system under the following authorities.
(1) Federal Property and Administrative Services Act of 1949 (63 Stat. 377)
(2) Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222)
(3) Migratory Bird Hunting Stamp Act, as amended (16 U.S.C. 718 et seq.)
(4) Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742a et seq.)
(5) Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661- 666c)
(6) Recreational Use of Conservation Areas Act, as amended (16 U.S.C. 460k-460k4)
(7) Colorado River Storage Project Act, as amended (43 U.S.C. 602g)
(8) Endangered Species Act of 1973 (16 U.S.C. 1531-1543)
(9) National Wildlife Refuge System Administration Act, as amended (16 U.S.C. 668dd-668ee)
(10) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (40 U.S.C. 4601 et seq.).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
We primarily use the records for the following reasons.
(1) To obtain title evidence for closings from title companies or abstractors;
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(2) To obtain title opinions and judgements on condemnation from our Solicitor's offices and the Department of Justice;
(3) To use in negotiations regarding property appraisal;
(4) To obtain relocation assistance permits or outgrants;
(5) To report excess lands to the General Services Administration for transfer or disposal; and
(6) To produce required agency annual reports which are stripped of personal identifiers.
Additional disclosures may be made outside of the U.S. Department of the Interior under the following circumstances.
(1) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(2) The Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when:
(a) One of the following is a party to the proceeding or has an interest in the proceeding:
(1) The Department or any component of the Department;
(2) Any Departmental employee acting in his or her official capacity;
(3) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or
(4) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and
(b) The Department deems the disclosure to be:
(1) Relevant and necessary to the proceedings; and
(2) Compatible with the purpose for which we compiled the information.
(3) The appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule, regulation, order or license.
(4) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.
(5) To debt collection agencies in order to collect or compromise a claim against a debtor; and
(6) To a consumer reporting agency in order to prepare a commercial credit report for the U.S. Department of Interior.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
We maintain records both in paper and electronic files.
RETRIEVABILITY:
We store the records by individual name, project name, project number, and location.
SAFEGUARDS:
We maintain the records in accordance with safeguards specified in the Code of Federal Regulations (43 CFR 2.51) which includes password protected computers and on-site locked storage rooms.
RETENTION AND DISPOSAL:
We retain the records in accordance with the U.S. Fish and Wildlife Service Records Schedule.
SYSTEM MANAGER(S) AND ADDRESS:
The system managers are the Chief, Division of Realty, U.S. Fish and Wildlife Service, Mail Stop 622, Arlington Square Building, 4401 North Fairfax Drive, Arlington, Virginia 22203 and (2) U.S. Fish and Wildlife Service Regional Offices (See 50 CFR 2.2 for addresses).
NOTIFICATION PROCEDURE:
Send a written, signed request for your records to the system manager identified above. See the Code of Federal Regulations (43 CFR 2.60) for additional information.
RECORDS ACCESS PROCEDURES:
Address requests for access to your records to the system manager identified above. Your request should be in writing, signed, and should meet any necessary content requirements specified in the Code of Federal Regulations (43 CFR 2.63).
CONTESTING RECORD PROCEDURES:
To amend your record, address your request to the system manager identified above. You must meet the content requirements indicated in the Code of Federal Regulations (43 CFR 2.71).
RECORD SOURCE CATEGORIES:
Records come from the individuals whom the records are about; and public records from State or local governments. INTERIOR/FWS-19
SYSTEM NAME:
Endangered Species Licensee System--Interior, FWS--19.
SYSTEM LOCATION:
(1) Washington Office, Division of Law Enforcement, Room 520 Arlington Square Building, 4401 North Fairfax Drive, Arlington, Virginia 22203
(2) Regional Offices of the U.S. Fish and Wildlife Service (See 50 CFR part 2 for addresses).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are on individuals who request a license to import or export fish and/or wildlife products. The system also has records on corporations and other business entities. Only the records reflecting personal information are subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records contain name, address, date of birth, business phone number, occupation and social security number of individuals who request a license to import or export fish and/or wildlife products. We identify businesses by type, name, title, phone number of principal officer, and State of incorporation, if applicable.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Endangered Species Act of 1976 (16 U.S.C. 1538(d); 87 Stat. 884).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
We primarily use the records to identify licensees authorized to import or export fish, wildlife and/or products thereof. Disclosures may be made outside of the Department of the Interior under the following circumstances.
(1) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(2) The Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when:
(a) One of the following is a party to the proceeding or has an interest in the proceeding:
(1) The Department or any component of the Department;
(2) Any Departmental employee acting in his or her official capacity;
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(3) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or
(4) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and
(b) The Department deems the disclosure to be:
(1) Relevant and necessary to the proceedings; and
(2) Compatible with the purpose for which we compiled the information.
(3) The appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule, regulation, order or license.
(4) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.
(5) To the Federal Register to publish notice of the permit--as required by law;
(6) To debt collection agencies to locate a debtor; and
(7) To a consumer reporting agency to prepare a commercial credit report for the Department.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
We maintain the records in paper files and in electronic form.
RETRIEVABILITY:
Indexed by name.
SAFEGUARDS:
We maintain the files in a segregated area secured by a locking device in accordance with 43 CFR 2.51.
RETENTION AND DISPOSAL:
We maintain the records in accordance with the U.S. Fish and Wildlife Service's records schedule.
SYSTEM MANAGER(S) AND ADDRESS:
The system manager is the Chief, Division of Law Enforcement, U.S. Fish and Wildlife Service, Mail Stop 520 Arlington Square Building, 4401 North Fairfax Drive, Arlington, Virginia 22203.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The United States Code (5 U.S.C. 552a(j)(2)) provides general exemption authority for some Privacy Act systems. In accordance with that authority, the U.S. Fish and Wildlife Service adopted regulations (43 CFR 2.79(a) and 43 CFR 2.79(b)). Under 43 CFR 2.79(b), the system is exempt from the following subsections of the Privacy Act (as found in 5 U.S.C. 552a): subsections (c)(3), (d), (e)(1), (e)(4)(G) through (e)(4)(I), and (f). For more information, see Federal Register publication 40 FR 50432 published on October 29, 1975. INTERIOR/FWS-20
SYSTEM NAME:
Investigative Case File System--Interior, FWS 20.
SYSTEM LOCATION:
(1) Washington Office, Division of Law Enforcement, Room 520 Arlington Square Building, 4401 North Fairfax Drive, Arlington, Virginia 22203
(2) Regional Offices of the U.S. Fish and Wildlife Service (See 50 CFR part 2 for addresses).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are on individuals who are the subjects of U.S. Fish and Wildlife Service law enforcement investigations.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records contain name, address, place and date of birth, and any other records which are necessary to complete an investigation of individuals suspected of violations of fish and wildlife laws.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Assault Act (18 U.S.C. 111), Bald Eagle Act (16 U.S.C. 668-668d), Black Bass Act (16 U.S.C. 851-856), Lacey Act (18 U.S.C. 42-44), National Wildlife Refuge System Administration Act (16 U.S.C. 668dd- 668ee), Migratory Bird Hunting Stamp Act (16 U.S.C. 718-718h), Migratory Bird Treaty Act (16 U.S.C. 703-711), Endangered Species Act (16 U.S.C. 1531-1543), Marine Mammal Act (16 U.S.C. 1361-1407), Upper Mississippi Refuge Act (16 U.S.C. 721-731), Bear River Refuge Act (16 U.S.C. 690), Fish and Wildlife Recreation Act (16 U.S.C. 460k-460k-4), Airborne Hunting Act (16 U.S.C. 742j), and Tariff Classification Act (19 U.S.C. 1527).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The U.S. Fish and Wildlife Service uses the records primarily in its investigations of individuals suspected of violating fish and wildlife laws; and also uses the records for any criminal proceedings resulting from those investigations. The records may be disclosed outside of the Department of Interior under the following circumstances.
(1) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(2) The Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when:
(a) One of the following is a party to the proceeding or has an interest in the proceeding:
(1) The Department or any component of the Department;
(2) Any Departmental employee acting in his or her official capacity;
(3) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or
(4) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and
(b) The Department deems the disclosure to be:
(1) Relevant and necessary to the proceedings; and
(2) Compatible with the purpose for which we compiled the information.
(3) The appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule regulation, order or license.
(4) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.
(5) To debt collection agencies to locate a debtor or to collect or compromise a Federal claim against the debtor; and
(6) To a consumer reporting agency to prepare commercial credit reports for use by the Department.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in
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the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Maintained in file folders and on computer media or printouts. The records are part of a Local Area Network (LAN) shared by the Washington Office, Division of Law Enforcement and U.S. Fish and Wildlife Service regional law enforcement offices.
RETRIEVABILITY:
Indexed by name.
SAFEGUARDS:
Maintained in a segregated area secured by a locking device in accordance with 43 CFR 2.51. The system is password secured.
RETENTION AND DISPOSAL:
Maintained in accordance with the U.S. Fish and Wildlife Service Records Schedule which addresses record retention requirements for investigative case files.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Division of Law Enforcement, U.S. Fish and Wildlife Service, Mail Stop 520 Arlington Square Building, 4401 North Fairfax Drive, Arlington, Virginia 22203.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The United Stated Code (5 U.S.C. 552a(j)(2)) provides general exemption authority for some Privacy Act systems. In accordance with that authority, the U.S. Fish and Wildlife Service adopted regulations (43 CFR 2.79(a) and 43 CFR 2.79(b)).
Under 43 CFR 2.79(a), the system is not exempt from the following subsections of the Privacy Act (as found in 5 U.S.C. 552a): subsections (b), (c)(1) and (c)(2), (e)(4)(A) through (e)(4)(F), (e)(6) and (e)(7), (e)(9) through (e)(11), and (i). For more information, see Federal Register publication 40 FR 37217 published on August 26, 1975.
Under 43 CFR 2.79(b), the system is exempt from the following subsections of the Privacy Act (as found in 5 U.S.C. 552a): subsections (c)(3), (d), (e)(1), (e)(4)(G) through (e)(4)(I), and (f). For more information, see Federal Register publication 40 FR 50432 published on October 29, 1975. INTERIOR/FWS-22
SYSTEM NAME:
U.S. Deputy Game Warden--Interior, FWS--22.
SYSTEM LOCATION:
The U.S. Fish and Wildlife Service maintains the records at its participating regional offices (See 50 CFR part 2 for regional addresses).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are on individuals who apply for U.S. Deputy Game commissions.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records contain the name, address date and place of birth, social security number, height, weight, color of hair and eyes of applicants for U.S. Deputy Game Warden Commissions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742l; 70 Stat. 1119).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The U.S. Fish and Wildlife Service uses the records to identify those who hold U.S. Deputy Game Warden commissions. The records may be disclosed outside of the Department of Interior under the following circumstances.
(1) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(2) The Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when:
(a) One of the following is a party to the proceeding or has an interest in the proceeding:
(1) The Department or any component of the Department;
(2) Any Departmental employee acting in his or her official capacity;
(3) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or
(4) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and
(b) The Department deems the disclosure to be:
(1) Relevant and necessary to the proceedings; and
(2) Compatible with the purpose for which we compiled the information.
(3) The appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule regulation, order or license.
(4) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Maintained in file folders.
RETRIEVABILITY:
Indexed by name.
SAFEGUARDS:
Maintained in a segregated area and secured by a lock in accordance with the Code of Federal Regulations (43 CFR 2.51).
RETENTION AND DISPOSAL:
We destroy the records when the commission expires.
SYSTEM MANAGER(S) AND ADDRESS:
Regional Offices of the U.S. Fish and Wildlife Service. (See 50 CFR part 2 for addresses).
NOTIFICATION PROCEDURE:
Send inquiries regarding the existence of such records to the appropriate U.S. Fish and Wildlife Service Regional Office (see 50 CFR part 2 for addresses). Send in a written, signed request for the records. See the Code of Federal Regulations (43 CFR 2.60) for additional information.
RECORDS ACCESS PROCEDURES:
Address requests for access to your records to the appropriate Fish and Wildlife Regional Office (See 50 CFR part 2 for addresses). Your request should be in writing, signed, and should meet any necessary content requirements specified in the Code of Federal Regulations (43 CFR 2.63).
CONTESTING RECORD PROCEDURES:
To amend your record, address your request to the appropriate regional
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director(s) (See 50 CFR part 2 for addresses). You must meet the content requirements indicated in the Code of Federal Regulations (43 CFR 2.71).
RECORD SOURCE CATEGORIES:
Records come from the individuals on whom the records are maintained. INTERIOR/FWS-26
SYSTEM NAME:
Migratory Bird Population and Harvest Systems--Interior, FWS-26.
SYSTEM LOCATION:
The U.S. Fish and Wildlife Service maintains the records at the Office of Migratory Bird Management, U.S. Fish and Wildlife Service, U.S. Department of the Interior, Patuxent Wildlife Research Center, Laurel, Maryland 20811. The minor portions of the files comprising the system may be collected by the Washington Office of Migratory Bird Management, Fish and Wildlife regional and field offices, State offices, conservation organizations, universities, and individuals participating in population and harvest surveys. The Office of Migratory Bird Management, Laurel, Maryland receives and stores the information.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The U.S. Fish and Wildlife Service records are on (1) individuals who participate in migratory bird population surveys; and (2) individuals who submit their harvest data for migratory game birds.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records contain name and address of the participant as well as relevant population survey and harvest data on migratory birds.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C. 703-711; 40 Stat. 755).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
Fish and Wildlife biologists and law enforcement officers, the Canadian Wildlife Service, the Mexican Department Fauna Silvestre, and State and Provincial conservation agencies use the information to further understanding, protection, management and use of migratory birds. They also use the data to guide, plan and coordinate research on migratory birds. The U.S. Fish and Wildlife Service and cooperating agencies analyze and publish survey data in technical publications. The records may be disclosed outside of the Department of the Interior under the following circumstances:
(1) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(2) The Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when:
(a) One of the following is a party to the proceeding or has an interest in the proceeding:
(1) The Department or any component of the Department;
(2) Any Departmental employee acting in his or her official capacity;
(3) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or
(4) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and
(b) The Department deems the disclosure to be:
(1) Relevant and necessary to the proceedings; and
(2) Compatible with the purpose for which we compiled the information.
(3) The appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule, regulation, order or license.
(4) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.
(5) To the Canadian Wildlife Service, Environmental Management Service, Department of the Environment, Ottawa, Ontario, Canada K1A OH3 and Mexican Direccion General Fauna Silvestre, Aquiles Serdan 28-70, Pisa, Mexico 3, DF, Mexico, as part of cooperative agreements and;
(6) To cooperators and researchers in other Federal, State, local agencies, conservation organizations, universities, and private individuals who participate in population and harvest surveys, survey analysis, or publications about migratory bird population and harvest studies.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
We maintain the records in a variety of media including paper, punched cards, microfiche, microfilm, computer tape, and computer disk. We also have published and unpublished reports which present summary information.
RETRIEVABILITY:
We index the information in a variety of ways including by name. The identity of the individual is usually deleted shortly after analysis of data.
SAFEGUARDS:
We store the records within the fenced and locked premises of the Patuxent Wildlife Research Center, Laurel Maryland. The records are within a locked building and the master computer files are in a locked vault. Those wanting to use the records must first be authorized.
RETENTION AND DISPOSAL:
We retain those records that contain personal information (1) until the data can be recorded and stored on other media such as computer tapes, computer disks, or microfilm; and (2) until we can verify the accuracy of the data which was transferred to a different media. Information which we transfer to another media does not contain personal identifiers.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Office of Migratory Bird Management, Mail Stop 634 Arlington Square Building, 4401 North Fairfax Drive, Arlington, Virginia 22203
NOTIFICATION PROCEDURE:
Send a written, signed request for your records to the system manager identified above. See the Code of Federal Regulations (43 CFR 2.60) for additional information.
RECORDS ACCESS PROCEDURES:
Address requests for access to your records to the system manager identified above. Your request should be in writing, signed, and should meet any necessary content requirements specified in the Code of Federal Regulations (43 CFR 2.63).
CONTESTING RECORD PROCEDURES:
To amend your record, address your request to the system manager identified above. You must meet the content requirements indicated in the Code of Federal Regulations (43 CFR 2.71).
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RECORD SOURCE CATEGORIES:
Records come from those supervising or participating in various population surveys of migratory birds, and those who purchase migratory bird hunting stamps. INTERIOR/FWS-27
SYSTEM NAME:
Correspondence Control System--Interior, FWS--27.
SYSTEM LOCATION:
We maintain the records at the U. S. Fish and Wildlife Service, Correspondence Control Unit, Department of the Interior, 18th and C Streets, N.W., Washington, D.C. 20240.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are on U.S. Senators and Representatives, Governors of States, and members of the public.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records contain name and address and any other information necessary to process the incoming correspondence.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 43 U.S.C. 1467, 44 U.S.C. 3101
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The primary use of the records is to provide control for prompt handling of priority correspondence by the U.S. Fish and Wildlife Service. Disclosures may be made outside of the Department of the Interior under the following circumstances.
(1) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(2) The Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when:
(a) One of the following is a party to the proceeding or has an interest in the proceeding:
(1) The Department or any component of the Department;
(2) Any Departmental employee acting in his or her official capacity;
(3) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or
(4) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and
(b) The Department deems the disclosure to be:
(1) Relevant and necessary to the proceedings; and
(2) Compatible with the purpose for which we compiled the information.
(3) The appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule regulation, order or license.
(4) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
We maintain the records in manual form in file folders and in a computerized tracking system.
RETRIEVABILITY:
Indexed by name and date of response.
SAFEGUARDS:
We maintain the records in accordance with safeguards in specified in the Code of Federal Regulations (43 CFR 2.51).
RETENTION AND DISPOSAL:
We destroy the records after two years after receipt.
SYSTEM MANAGER(S) AND ADDRESS:
The system manager is the Chief, Correspondence Control Unit, U.S. Fish and Wildlife Service, Department of the Interior, 1849 C Street NW, Washington, DC 20240.
NOTIFICATION PROCEDURE:
Send a written, signed request for your records to the system manager identified above. See the Code of Federal Regulations (43 CFR 2.60) for additional information.
RECORDS ACCESS PROCEDURES:
Address requests for access to your records to the system manager identified above. Your request should be in writing, signed, and should meet any necessary content requirements specified in the Code of Federal Regulations (43 CFR 2.63).
CONTESTING RECORDS PROCEDURES:
To amend your record, address your request to the system manager identified above. You must meet the content requirements indicated in the Code of Federal Regulations (43 CFR 2.71).
RECORD SOURCE CATEGORIES:
Records come from incoming correspondence to the U.S. Fish and Wildlife Service.
[FR Doc. 99-13327Filed5-27-99; 8:45 am]
BILLING CODE 4310-55-P
