[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Pages 18145-18147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7724]


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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 2, 2011. 
This system will be adopted without further notice, on May 31, 2011, 
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 e-mail to <a href="/cdn-cgi/l/email-protection#8afde5d5ece5e3ebcaecf9a4ecefeea4fff9"><span class="__cf_email__" data-cfemail="ccbba393aaa3a5ad8caabfe2aaa9a8e2b9bf">[email protected]</span></a>, or via 
facsimile to (202) 260-3245.

FOR FURTHER INFORMATION CONTACT: Sherry L. Turner, Freedom of 
Information Act and Privacy Act Officer, USDA Forest Service, 1400 
Independence Avenue, SW., Mailstop 1143, Washington, DC 20250-1143, 
<a href="/cdn-cgi/l/email-protection#6611093900090f0726001548000302481315"><span class="__cf_email__" data-cfemail="d6a1b989b0b9bfb796b0a5f8b0b3b2f8a3a5">[email protected]</span></a>, (202) 205-1542. Individuals who use 
telecommunication devices for the deaf (TDD) may call the

[[Page 18146]]

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: Established in 1905, the Forest Service is 
an agency of the U.S. Department of Agriculture. The mission of USDA's 
Forest Service is to sustain the health, diversity, and productivity of 
the Nation's forests and grasslands that encompass 193 million acres of 
land, to meet the needs of present and future generations.
    The purpose of this system is to allow USDA's Forest Service to 
maintain records for agency compliance and administration of the FOIA 
and PA laws. This system contains information on individuals who 
request copies of Forest Service records, file administrative appeals, 
request corrections or amendments, or file subsequent lawsuits under 
the provisions of the FOIA and PA.
    A report of the new 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 18, 2011.
Thomas J. Vilsack,
Secretary.

System name:
    Freedom of Information Act and Privacy Act Files, USDA/FS-61.

Security classification:
    None.

System location:
    The records in this system are collected in a Web-based system 
located on servers in Kansas City, Kansas. Paper records are located at 
the Forest Service Freedom of Information Act (FOIA) and the Privacy 
Act (PA) Offices located in Washington, DC, as well as the FOIA and PA 
Coordination offices nationwide. The addresses for the Regions, 
Stations, International Institute for Tropical Forestry, and Forests 
are listed in 36 CFR part 200, subpart A; and the addresses for 
Districts are in the telephone directory of the applicable locality 
under the heading, United States Government, Department of Agriculture, 
Forest Service.

Categories of individuals covered by the system:
    Individuals who request copies of Forest Service records, file 
administrative appeals, request correction or amendment, and file 
subsequent lawsuits under the provisions of the FOIA or PA.

Categories of records in the system:
    A copy of the request, appeal, request for correction/amendment, or 
subsequent lawsuit received including name, affiliation, address, 
telephone number, e-mail address; description of records requested, 
appealed, or litigated; copy of records that were provided or denied; 
copy of all correspondence related to the request to include final 
determinations; billing information to include payment delinquencies; 
case notes; and litigation records.

Authority for maintenance of the system:
    Freedom of Information Act 5 U.S.C. 552, Privacy Act of 1974, 5 
U.S.C. 552a, as amended.

Purpose(s):
    The FOIA records are used and maintained by the Forest Service to 
record, control, and determine status of FOIA cases; and to prepare a 
mandatory annual FOIA report to the U.S. Department of Justice. The PA 
records are used and maintained by the Forest Service to record, 
control, and determine the status of requests to correct or amend 
appeals and litigation. Both the FOIA and PA records are used to 
produce status reports for Forest Service management and to serve as a 
point of reference for all events and documents pertinent to each case.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. Disclose to another Federal agency in connection with a referral 
or consultation to that agency for its views or decision on disclosure; 
or in order to obtain advice and recommendations that may be useful to 
the Forest Service in making the required determination under the FOIA 
and PA.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. Disclose to 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).
    8. 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

[[Page 18147]]

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:
    All electronic information is maintained in a web-based database 
and stored on secured servers in Kansas City, Kansas. Hard copy records 
are retrieved by name and unique request identification number in 
locked file cabinets in secured office buildings.

Retrievability:
    Electronic records are indexed and retrieved electronically using 
multiple queries including name and unique request identification 
number, or other criteria. Hard copy records are retrieved by name of 
the requester and unique request identification number.

Safeguards:
    All electronic information is maintained in a secure, password-
protected, web-based database and stored on secured servers in Kansas 
City, Kansas. Hard copy records are maintained in locked file cabinets 
in secured office buildings. Only specifically authorized individuals 
can access the information.

Retention and disposal:
    All electronic and hard copy records are maintained under file code 
6270 and retained and disposed of in accordance with the appropriate 
General Records Schedules of the National Archives and Records 
Administration. Electronic records are deleted, and paper records are 
shredded and destroyed.

System manager(s) and Address:
    Freedom of Information Act and Privacy Act Officer, USDA Forest 
Service, 1400 Independence Avenue, SW., Mailstop 1143, Washington, DC, 
20250-1143, <a href="/cdn-cgi/l/email-protection#addac2f2cbc2c4ccedcbde83cbc8c983d8de"><span class="__cf_email__" data-cfemail="96e1f9c9f0f9fff7d6f0e5b8f0f3f2b8e3e5">[email protected]</span></a>, (202) 205-1542.

Notification procedure:
    Any individual may request information regarding this system of 
records or information as to whether the system contains records 
pertaining to him or her from the system manager listed above. The 
request should be in writing and should contain the name and address of 
the requester.

Record access procedures:
    Use the same procedures as those prescribed in Notification 
procedures.

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

Record source categories:
    Individuals who submit requests for information pursuant to the 
FOIA and PA, the agency records obtained in the process of responding 
to such requests and appeals, and Forest Service personnel who handle 
such requests and appeals.

Exemptions claimed for the system:
    None.

U.S. Department of Agriculture; Privacy Act System of Records; Freedom 
of Information Act and Privacy Act Case Files USDA/FS-61; Narrative 
Statement

    The purpose of the proposed system is to provide the United States 
Department of Agriculture's (USDA) Forest Service (FS) the capability 
to record, control, and determine the status of Freedom of Information 
Act (FOIA) and Privacy Act (PA) cases, and to prepare a mandatory 
annual FOIA report to the U.S. Department of Justice. The FOIA and PA 
Case files are managed by the Office of Regulatory and Management 
Services Freedom of Information Act/Privacy Act staff. The Forest 
Service is the administrative agency for this system.
    The authority for maintaining this system of records is the Freedom 
of Information Act, 5 U.S.C. 552; and the Privacy Act of 1974, 5 U.S.C. 
552a, as amended.
    The information gathered is voluntarily submitted by individuals 
who request agency records pursuant to the FOIA and PA. The system of 
records consists of a copy of the request, appeal, request for 
correction/amendment, or subsequent lawsuit received; a description of 
the records requested, appealed, or litigated; a copy of records that 
were provided or denied; a copy of all correspondence related to the 
case to include final determinations; billing information to include 
payment delinquencies; and case notes. Information collected includes 
the individual's name, address, telephone number, and email address.
    The records will be accessible only to authorized agency personnel 
who need to view the information in order to conduct their assigned 
duties. All electronic information is maintained by the Forest Service 
in a web-based database and stored on secured servers in Kansas City, 
Kansas. Hard copy records are retrieved by name and unique request 
identification number in lockable file cabinets in office buildings 
that require USDA employee identification badges or visitors passes to 
enter.
    The system provides for the following routine use disclosures that 
are necessary and proper for the agency's administration of its duties 
in connection with the operation of the FOIA/PA program: in connection 
with a referral or consultation with another agency; in connection with 
litigation; for law enforcement purposes; for responses to 
Congressional inquiries; to the National Archives and Records 
Administration and the General Services Administration for records 
inspections; on a limited basis to entities engaged by the agency in 
the performance of a service; and in connection with information 
security breaches in order to protect the interests of the individuals 
covered by the system. While these routine uses allow disclosures 
outside USDA, and so have some impact on privacy of individuals, they 
are either necessary for carrying out the agency mission and minimizing 
waste, fraud, and abuse, are required by law, or benefit the subjects 
of the records. On balance, the needs of the agency and the benefits to 
the individuals of these disclosures justify the minimal impact on 
privacy.
    The system of records is not exempt from any provisions of the 
Privacy Act.

[FR Doc. 2011-7724 Filed 3-31-11; 8:45 am]
BILLING CODE 3410-11-P


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