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[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104125-104127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30473]

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DEPARTMENT OF ENERGY

Privacy Act of 1974; System of Records

AGENCY: U.S. Department of Energy.

ACTION: Notice of a modified system of records.

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SUMMARY: As required by the Privacy Act of 1974 and the Office of 
Management and Budget (OMB) Circulars A-108 and A-130, the Department 
of Energy (DOE or the Department) is publishing notice of a 
modification to an existing Privacy Act System of Records. DOE proposes 
to amend System of Records DOE-24 Land Records System. This System of 
Records Notice (SORN) is being modified to align with new formatting 
requirements, published by OMB, and to ensure appropriate Privacy Act 
coverage of business processes and Privacy Act information.

DATES: This modified SORN will become applicable following the end of 
the public comment period on January 21, 2025 unless comments are 
received that result in a contrary determination.

ADDRESSES: Written comments should be sent to Ken Hunt, Chief Privacy 
Officer, U.S. Department of Energy, 1000 Independence Avenue SW, Rm. 
8H-085, Washington, DC 20585, by facsimile at (202) 586-8151, or by 
email at [email protected].

FOR FURTHER INFORMATION CONTACT: Ken Hunt, Chief Privacy Officer, U.S. 
Department of Energy, 1000 Independence Avenue SW, Rm. 8H-085, 
Washington, DC 20585, by facsimile at (202) 586-8151, by email at 
[email protected], or by telephone at (240) 686-9485.

SUPPLEMENTARY INFORMATION: On January 9, 2009, DOE published a 
Compilation of its Privacy Act Systems of Records, which included 
System of Records DOE-24 Land Records System. This notice proposes the 
following amendments: The Southwestern Area Power Administration has 
been removed as a system location; the ``Categories of Individuals 
Covered by the System'' section has been revised to accommodate 
landowners in service areas covered by the Bonneville Power 
Administration and Western Area Power Administration; ``Categories of 
Records in the System'' now includes property address, landowner 
mailing address, landowner phone number, and the last sale seller's 
name; ``Record Source Categories'' now includes public databases; 
``Authority for Maintenance of the System'' section adds 16 U.S.C. 791 
et seq., the Reclamation Act of June 17, 1902 (32 Stat. 388), the 
Department of Energy Organization Act of August 4, 1977 (91 Stat. 565), 
and deletes 50 U.S.C. 2401 et seq.; ``Routine Uses'' section deletes a 
previous routine use concerning efforts responding to a suspected or 
confirmed loss of confidentiality of information as it appears in DOE's 
compilation of its Privacy Act Systems of Records (January 9, 2009) and 
replaces it with one to assist DOE with responding to a suspected or 
confirmed breach of its records of Personally Identifiable Information 
(PII), modeled with language from OMB's Memorandum M-17-12, ``Preparing 
for and Responding to a Breach of Personally Identifiable Information'' 
(January 3, 2017). Further, this notice adds one new routine use to 
ensure that DOE may assist another agency or entity in responding to 
the other agency's or entity's confirmed or suspected breach of PII, as 
appropriate, as aligned with OMB's Memorandum M-17-12. A routine use 
has been added to include disclosure to appropriate local, tribal, 
state, or Federal agencies when needed to establish historical or 
current ownership. An administrative change required by the FOIA 
Improvement Act of 2016 extends the length of time a requestor is 
permitted to file an appeal under the Privacy Act from 30 to 90 days. 
Both the ``System Locations'' and ``Administrative, Technical and 
Physical Safeguards'' sections have been modified to reflect the 
Department's usage of cloud-based services for records storage. 
Language throughout the SORN has been updated to align with applicable 
Federal privacy laws, policies, procedures, and best practices.

SYSTEM NAME AND NUMBER:
    DOE-24 Land Records System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Systems leveraging this SORN may exist in multiple locations. All 
systems storing records in a cloud-based server

[[Page 104126]]

are required to use government-approved cloud services and follow 
National Institute of Standards and Technology (NIST) security and 
privacy standards for access and data retention. Records maintained in 
a government-approved cloud server are accessed through secure data 
centers in the continental United States.
    U.S. Department of Energy, Bonneville Power Administration, P.O. 
Box 3621, Portland, OR 97208.
    U.S. Department of Energy, Western Area Power Administration, P.O. 
Box 281213, Lakewood, CO 80228-8213.

SYSTEM MANAGER(S):
    Field Offices: The Manager and Director of the ``System Location'' 
listed above is the system manager for this system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 7101 et seq.; 16 U.S.C. 791 et seq.; WAPA maintains a 
Lands Records System pursuant to the Reclamation Act of June 17, 1902 
(32 Stat. 388) and acts amendatory thereof and supplementary thereto; 
and the Department of Energy Organization Act of August 4, 1977 (91 
Stat. 565).

PURPOSE(S) OF THE SYSTEM:
    Records in this system are maintained and used by DOE to track and 
manage land rights information in support of construction and 
maintenance programs, right-of-way tracking for transmission line 
vegetation management, and line maintenance.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Landowners in Bonneville Power Administration and Western Area 
Power Administration's service areas.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Individual names; description of land tract, type of agreement; 
rights granted or received; history of the transaction, IRS Form 1099 
information; property address; landowner mailing address; landowner 
phone number; and the last sale seller's name.

RECORD SOURCE CATEGORIES:
    Information in this system comes from individual landowners, 
grantees, or grantors; agency officials; public databases; and State 
and local authorities.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. A record from this system may be disclosed as a routine use for 
the purpose of an investigation, settlement of claims, or the 
preparation and conduct of litigation to (1) persons representing the 
Department in the investigation, settlement or litigation, and to 
individuals assisting in such representation; (2) others involved in 
the investigation, settlement, and litigation, and their 
representatives and individuals assisting those representatives; (3) 
witnesses, potential witnesses, or their representatives and 
assistants; and (4) any other persons who possess information 
pertaining to the matter when it is relevant and necessary to obtain 
information or testimony relevant to the matter.
    2. A record from this system may be disclosed as a routine use in 
court or administrative proceedings to the tribunals, counsel, other 
parties, witnesses, and the public (in publicly available pleadings, 
filings, or discussion in open court) when such disclosure: (1) is 
relevant to, and necessary for, the proceeding; (2) is compatible with 
the purpose for which the Department collected the records; and (3) the 
proceedings involve:
    a. The Department, its predecessor agencies, current or former 
contractor of the Department, or other United States Government 
agencies and their components, or
    b. A current or former employee of the Department and its 
predecessor agencies, current or former contractors of the Department, 
or other United States Government agencies and their components, who is 
acting in an official capacity or in any individual capacity where the 
Department or other United States Government agency has agreed to 
represent the employee.
    3. A record from this system may be disclosed as a routine use to 
DOE contractors in performance of their contracts, and their officers 
and employees who have a need for the record in the performance of 
their duties. Those provided information under this routine use are 
subject to the same limitations applicable to Department officers and 
employees under the Privacy Act.
    4. A record from this system may be disclosed as a routine use to 
the Internal Revenue Service to provide notification of individuals who 
have received payment exceeding $600 on any one land right transaction.
    5. A record from this system may be disclosed as a routine use to 
the Department of Justice to provide support of land right condemnation 
actions.
    6. A record from this system may be disclosed as a routine use to 
courts and attorneys for the purpose of land right settlement disputes 
or litigation.
    7. A record from this system may be disclosed as a routine use to 
the appropriate local, tribal, state, or Federal agency when records, 
alone or in conjunction with other information, indicate a violation or 
potential violation of law whether civil, criminal, or regulatory in 
nature, and whether arising by general statute or particular program 
pursuant thereto.
    8. A record from this system may be disclosed as a routine use to a 
member of Congress submitting a request involving a constituent when 
the constituent has requested assistance from the member concerning the 
subject matter of the record. The member of Congress must provide a 
copy of the constituent's signed request for assistance.
    9. A record from this system may be disclosed as a routine use to 
appropriate agencies, entities, and persons when (1) the Department 
suspects or has confirmed that there has been a breach of the System of 
Records; (2) the Department has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
DOE (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 the Department's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    10. A record from this system may be disclosed as a routine use to 
another Federal agency or Federal entity, when the Department 
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.
    11. A record from this system may be disclosed as a routine use to 
the appropriate tribal, state, or Federal agency when needed to 
establish historical or current ownership.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored as paper records, microfilm, or electronic 
media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by line identification, personal 
identification,

[[Page 104127]]

cross referenced by name of landowner, grantee, or grantor.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Retention and disposition of these records is in accordance with 
the National Archives and Records Administration-approved records 
disposition schedule with a retention of 75 years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records may be secured and maintained on a cloud-based 
software server and operating system that resides in Federal Risk and 
Authorization Management Program (FedRAMP) and Federal Information 
Security Modernization Act (FISMA) hosting environment. Data located in 
the cloud-based server is firewalled and encrypted at rest and in 
transit. The security mechanisms for handling data at rest and in 
transit are in accordance with DOE encryption standards. Records are 
protected from unauthorized access through the following appropriate 
safeguards:
     Administrative: Access to all records is limited to lawful 
government purposes only, with access to electronic records based on 
role and either two-factor authentication or password protection. The 
system requires passwords to be complex and to be changed frequently. 
Users accessing system records undergo frequent training in Privacy Act 
and information security requirements. Security and privacy controls 
are reviewed on an ongoing basis.
     Technical: Computerized records systems are safeguarded on 
Departmental networks configured for role-based access based on job 
responsibilities and organizational affiliation. Privacy and security 
controls are in place for this system and are updated in accordance 
with applicable requirements as determined by NIST and DOE directives 
and guidance.
     Physical: Computer servers on which electronic records are 
stored are located in secured Department facilities, which are 
protected by security guards, identification badges, and cameras. Paper 
copies of all records are locked in file cabinets, file rooms, or 
offices and are under the control of authorized personnel. Access to 
these facilities is granted only to authorized personnel and each 
person granted access to the system must be an individual authorized to 
use or administer the system.

RECORD ACCESS PROCEDURES:
    The Department follows the procedures outlined in title 10 CFR 
1008.4. Valid identification of the individual making the request is 
required before information will be processed, given, access granted, 
or a correction considered, to ensure that information is processed, 
given, corrected, or records disclosed or corrected only at the request 
of the proper person.

CONTESTING RECORD PROCEDURES:
    Any individual may submit a request to the System Manager and 
request a copy of any records relating to them. In accordance with 10 
CFR 1008.11, any individual may appeal the denial of a request made by 
him or her for information about or for access to or correction or 
amendment of records. An appeal shall be filed within 90 calendar days 
after receipt of the denial. When an appeal is filed by mail, the 
postmark is conclusive as to timeliness. The appeal shall be in writing 
and must be signed by the individual. The words ``PRIVACY ACT APPEAL'' 
should appear in capital letters on the envelope and the letter. 
Appeals of denials relating to records maintained in government-wide 
System of Records reported by Office of Personnel Management (OPM), 
shall be filed, as appropriate, with the Assistant Director for Agency 
Compliance and Evaluation, OPM, 1900 E Street NW, Washington, DC 20415. 
All other appeals relating to DOE records shall be directed to the 
Director, Office of Hearings and Appeals (OHA), 1000 Independence 
Avenue SW, Washington, DC 20585.

NOTIFICATION PROCEDURES:
    In accordance with the DOE regulation implementing the Privacy Act, 
10 CFR part 1008, a request by an individual to determine if a system 
of records contains information about themselves should be directed to 
the U.S. Department of Energy, Headquarters, Privacy Act Officer. The 
request should include the requester's complete name and the time 
period for which records are sought.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This SORN was last published in the Federal Register, 74 FR 1024-
1025, on January 9, 2009.

Signing Authority

    This document of the Department of Energy was signed on December 
12, 2024, by Ann Dunkin, Senior Agency Official for Privacy, pursuant 
to delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on December 17, 2024.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-30473 Filed 12-19-24; 8:45 am]
BILLING CODE 6450-01-P
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