[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39637-39640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10144]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[DOI-2023-0025; LLHQ500000, L18500000.YC0000, LIITADC10000, 245]
Privacy Act of 1974; System of Records
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of a modified 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 modify the Bureau of Land Management (BLM)
Privacy Act system of records, INTERIOR/BLM-16, Timber Sale Information
System (TSIS). DOI is publishing this revised system of records notice
(SORN) to change the system name to INTERIOR/BLM-16, Forest Resources
Information System (FRIS), to provide organizational clarification
related to the overall management of the forest resources program and
to update all sections of the notice in accordance with the Office of
Management and Budget (OMB) policy. This modified system will be
included in DOI's inventory of record systems.
DATES: This modified system will be effective upon publication. New or
modified routine uses will be effective June 10, 2024. Submit comments
on or before June 10, 2024.
ADDRESSES: You may send comments identified by docket number [DOI-2023-
0025] by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include docket number
[DOI-2023-0025] 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-2023-0025]. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ashanti Murphy-Jones, Acting Associate
Privacy Officer, Bureau of Land Management, 1849 C Street NW, Room No.
5644, Washington, DC 20240, [email protected] or (202) 365-1429.
SUPPLEMENTARY INFORMATION:
I. Background
BLM maintains the INTERIOR/BLM-16, Timber Sale Information System
(TSIS), system of records to support the management and tracking of
forest resources, including timber sale, accounting, management, and
activity tracking; stewardship contract management and activity; and
special consolidated reporting. Each of these modules provide direct
support to the BLM mission goals related to managing the use of forest
and woodland products in the Public Domain (PD) and in the Oregon and
California Grant Lands (O&C).
DOI is publishing this revised notice to change the system name
from INTERIOR/BLM-16, Timber Sale Information System (TSIS), to
INTERIOR/BLM-16, Forest Resources Information System (FRIS), to provide
organizational clarification for the overall forest resources program.
DOI is also adding a new purpose section to describe the primary
purpose of FRIS; updating the system location to reflect a move to a
DOI data center and the cloud environment; updating the system manager
section, authorities for maintenance of the system, and the records
source categories section to provide additional clarification on
individual sources of information; updating the policies and practices
for retention of records section to clarify the records retention
schedule; updating safeguards to protect records; and providing an
updated description on the retrieval of records. DOI is further
expanding the categories of individuals to provide clarification on the
individuals covered by the system and the categories of records to
reflect additional types of records that are maintained in the system;
and updating the records access, contesting record, and notification
procedures to provide guidance on how individuals may submit requests
under the Privacy Act. This notice also reorganizes the sections and
updates section titles in accordance with OMB Circular A-108, Federal
Agency Responsibilities for Review, Reporting, and Publication under
the Privacy Act.
The existing routine uses are being updated from a numeric to
alphabetic list and are being modified to provide clarity and
transparency and reflect updates consistent with standard DOI routine
uses. Additionally, DOI is proposing new routine uses to facilitate
sharing of information with agencies and organizations to promote the
integrity of the records in the system or carry out a statutory
responsibility of the DOI or Federal government.
Routine use A was slightly modified to further clarify disclosures
to the Department of Justice (DOJ) or other Federal agencies, when
necessary, in relation to litigation or judicial hearings. Routine use
B was modified to clarify disclosures to a congressional office to
respond to or resolve an individual's request made to that office.
Routine use H was slightly modified to include sharing of information
with territorial government agencies in response to court orders or for
discovery purposes related to litigation. Routine use I was modified to
include grantees and shared service providers to facilitate sharing of
information when authorized and necessary to perform services on DOI's
behalf. Modified routine use J allows DOI and BLM to share information
with appropriate Federal agencies or entities when reasonably necessary
to respond to a breach of PII and to prevent, minimize, or remedy the
risk of harm to individuals or the Federal government in accordance
with OMB Memorandum M-17-12, Preparing for and Responding to a Breach
of Personally Identifiable Information. Routine use N was modified to
clarify sharing with the news media and the public where there is a
legitimate public interest or in support of a legitimate law
enforcement or public safety function.
Proposed routine use C facilitates sharing of information with the
Executive Office of the President to resolve issues concerning
individuals' records. BLM is removing the former routine use 13 for
disclosure to consumer reporting agencies and has included that notice
at the end of this section.
Pursuant to the Privacy Act, 5 U.S.C. 552a(b)(12), DOI may disclose
[[Page 39638]]
information from this system to consumer reporting agencies as 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)) to aid in the
collection of outstanding debts owed to the Federal Government.
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing how 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 from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying information 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 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 INTERIOR/BLM-16, Forest Resources Information System
(FRIS), SORN 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 OMB 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/BLM-16, Forest Resources Information System (FRIS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at National Operations Center, Bureau of
Land Management, U.S. Department of the Interior, 6th Avenue & Kipling
Boulevard, Denver Federal Center, Building 50, Denver, Colorado 80225.
Records may also be located in a cloud location managed by the DOI.
SYSTEM MANAGER(S):
Deputy State Director, Division of Resources, Lands, and Minerals
(OR930), Oregon State Office, Bureau of Land Management, U.S.
Department of the Interior, P.O. Box 2965, Portland, OR 97208.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Exportation of unprocessed timber from Federal lands, 16 U.S.C.
617; Mineral Materials Act of 1947, 30 U.S.C. 601; Oregon and
California Revested Lands Sustained Yield Management Act of 1937, 43
U.S.C. 2601; Healthy Forests Restoration Act of 2003, Public Law 108-
148; Agricultural Act of 2014, Public Law 113-79.
PURPOSE(S) OF THE SYSTEM:
The primary purpose of FRIS is to track and record BLM's Forest
management lifecycle activity. FRIS provides users with a suite of
computational tools and procedures for managing activities associated
with the management of forest resources. FRIS provides the tools for
managing BLM timber sale contracts; special forest product permits,
stewardship contracting process, non-contracted forest depletions,
forest treatment spatial extents, pre/post contract forest inventory,
timber volumes and appraisals, protest appeals, forest trespass
activity, and reports.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of the individuals covered in the system include
members of the public entering a forestry products contract with BLM or
individual appellants associated with a forestry management decision.
These include timber purchasers/contractors (i.e., individual,
partnership, corporate); contact person(s) for timber purchaser/
contractor; permittees (i.e., individual or contractor) of special
forest products; and appellant (i.e., individual or organization) of
forestry management decision.
This system contains records concerning corporations 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 that may be
maintained in this system of records.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains records related to the management of forest
resources. The records contain BLM timber sale contracts, special
forest product permits, stewardship contracting process, non-contracted
forest depletions, forest treatment spatial extents, pre/post contract
forest inventory, timber volumes and appraisals, protest, appeals,
forest trespass activity, and reports.
These records for purchaser contracts include business name,
address, and designated representatives, timber quantity, contract
price, BLM assigned contract number, and information on debts owed to
BLM because of defective payments. These documents also contain the BLM
contractor officer's name and title.
For permits issued to the public, the information may include
individuals name, citizenship, personal email address, mailing/home
address, personal phone numbers, driver's license, vehicle information,
license plate information, and description of the material purchased.
RECORD SOURCE CATEGORIES:
The sources of information in the system include purchasers,
purchasers' contracts, and holders of forest product permits, which can
be collected on the FRIS public facing website, in person at a BLM
facility, or from an authorized BLM Contracting Officer.
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;
[[Page 39639]]
(4) Any DOI employee or former 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; or
(5) The U.S. 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, or 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 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 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.
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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are contained in file folders stored within locked
file cabinets. Electronic records are stored on disk, system hard
drive, tape, or other appropriate media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by permit or contract number, name,
purchaser or permittee name, address, email, and phone number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained in accordance with NARA
procedures and Department Records Schedule (DRS)/General Records
Schedule (GRS)/BLM Records Retention Catalog, under 4/6g(1), Forest
Resource Information System. This schedule has been approved by NARA
under Job Number N1-049-09-3, 1a. The records disposition is permanent.
A copy of the master file is transferred to NARA along with the
technical documentation in accordance with 36 CFR 1235.44-50.
Thereafter, a copy transfers every 5 years along with the current
technical documentation.
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 secure cabinets and/or in secure file rooms under the
control of authorized personnel.
Computerized records systems follow the National Institute of
Standards and Technology privacy and security standards as developed to
comply with the Privacy Act of 1974, as amended, 5 U.S.C. 552a;
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal
Information Security Modernization Act of 2014, 44 U.S.C. 3551 et seq.;
and the Federal Information Processing Standards 199: Standards for
Security Categorization of Federal Information and Information Systems.
Security controls include user identification, passwords, multi-factor
authentication, database permissions, firewalls, audit logs, and
network system security monitoring, and software controls.
Access to records in the system is limited to authorized personnel
who have a need to access the records in the performance of their
official duties, and each user's access is restricted to only the
functions and data necessary to perform that person's job
responsibilities. System administrators and 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. A Privacy Impact
Assessment was completed for the associated 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 systems.
[[Page 39640]]
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:
75 FR 3919 (January 25, 2010), modification published at 86 FR
50156 (September 7, 2021).
Teri Barnett,
Departmental Privacy Officer, U.S. Department of the Interior.
[FR Doc. 2024-10144 Filed 5-8-24; 8:45 am]
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