51332 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 

construction, road use, and pipeline 

stream crossings. 

The proposal and detailed proposed 

action is being developed with 

environmental concerns in mind. 

Detailed project design criteria and 

mitigation measures to reduce 

environmental impacts will be 

developed and adopted as part of the 

proposed action and will be listed in the 

DEIS. 

Possible Alternatives 

No other alternatives are currently 

proposed. Several ‘‘route options’’ were 

considered in the development of the 

current proposed pipeline route by SGI; 

however, those options were not 

incorporated into the proposed route 

due to constructability and engineering 

issues and/or due to private landowner 

refusal to allow access. One or more 

alternatives to the proposed action may 

be analyzed for the DEIS, based on 

issues determined through public 

scoping. 

Lead and Cooperating Agencies 

The Forest Service is the lead agency 

for the NRPA analysis. The BLM will 

participate as a cooperating agency. The 

BLM has the authority to authorize a 

right-of-way for natural gas pipelines 

under the Mineral Leasing Act, with 

Forest Service concurrence, when 

portions of the pipeline are on NFS 

lands. However, the White River 

National Forest has prepared a 

Memorandum of Understanding (MOU) 

taking on the lead role for the NEPA 

analysis for the Bull Mountain pipeline 

project, with the Grand Mesa, 

Uncompahgre, Gunnison National 

Forests and the BLM as cooperating 

agencies. 

Responsible Officials 

The Responsible Official for making a 

decision on this proposal for approving 

a pipeline right-of-way is Jamie Connell, 

Field Office Manager, Glenwood 

Springs Field Office of the BLM. The 

Responsible Official for making a 

decision on the proposed amendment to 

the Grand Mesa, Uncompahgre and 

Gunnison National Forests Land and 

Resource Management Plan is Charles 

Richmond, Forest Supervisor, Grand 

Mesa, Uncompahgre and Gunnison 

National Forests. The Responsible 

Official for making a decision on the 

proposed amendment to the White River 

National Forest Land and Resource 

Management Plan is Maribeth 

Gustafson, Forest Supervisor, White 

River National Forest. The lead Line 

Officer for this NEPA analysis is the 

District Ranger on the Rifle Ranger 

District, White River National Forest. 

Nature of Decisions To Be Made 

The decisions to be made are (1) to 

authorize the right-of-way as proposed 

by SGI or an alternative; and (2) whether 

or not to approve Forest Plan 

amendments for the White River 

National Forest and the Grand Mesa, 

Uncompahgre and Gunnison National 

Forests to change the management area 

direction for the pipeline right-of-way to 

a management prescription of a utility 

corridor. The decision to construct the 

pipeline construction and permit a 

right-of-way is not contingent upon 

Forest Plan amendments to designate 

the pipeline route as a utility corridor 

by either the White River National 

Forest or the Grand Mesa, Uncompahgre 

and Gunnison National Forests. 

Permits or Licenses Required 

Additional permits or licenses, which 

may be required in addition to Forest 

Service authorizations, include a 

Stormwater Management Plan and a 

Department of the Army, Corps of 

Engineers Clean Water Act Section 404 

permit. A complete list of local and 

federal permits required is available 

upon request. An operation and 

monitoring plan will be required from 

the proponent, which will be approved 

by the Forest Service and the BLM. 

Some mitigation measures may be 

added to the decision for public safety 

during construction operations. 

Early Notice of Importance of Public 

Participation 

The comment period on the draft 

environmental impact statement will 

not be less than 45 days from the date 

the Environmental Protection Agency 

publishes the notice of availability in 

the Federal Register. 

The Forest Service believes, at this 

early stage, it is important to give 

reviewers notice of several court rulings 

related to public participation in the 

environmental review process. First, 

reviewers of draft environmental impact 

statements must structure their 

participation in the environmental 

review of the proposal so that is 

meaningful and alerts an agency to the 

reviewer’s position and contentions. 

Vermont Yankee Nuclear Power Corp. v. 

NRDC, 435 U.S. 519, 553 (1978). Also, 

environmental objections that could be 

raised at the draft environmental impact 

statement stage but that are not raised 

until after completion of the final 

environmental impact statement may be 

waived or dismissed by the courts. City 

of Angoon v. Hodel, 803 F.2d 1016, 

1022 (9th Cir. 1986) and Wisconsin 

Heritages, Inc. v. Harris, 490 F. Supp. 

1334, 1338 (E.D. Wis. 1980). Because of 

these court rulings, it is very important 

that those interested in this proposed 

action participate by the close of the 

comment period so that substantive 

comments and objections are made 

available to the Forest Service at a time 

when it can meaningfully consider them 

and respond to them in the final 

environmental impact statement. 

To assist the Forest Service in 

identifying and considering issues and 

concerns on the proposed action, 

comments on the draft environmental 

impact statement should be as specific 

as possible. It is also helpful if 

comments refer to specific pages or 

chapters of the draft statement. 

Comments may also address the 

adequacy of the draft environmental 

impact statement or the merits of the 

alternatives formulated and discussed in 

the statement. Reviewers may wish to 

refer to the Council on Environmental 

Quality Regulations for implementing 

the procedural provisions of the 

National Environmental Policy Act at 40 

CFR 1503.3 in addressing these points. 

Comments received, including the 

names and addresses of those who 

comment, will be considered part of the 

public record and will be available for 

public inspection. 

(Authority: 40 CFR 1501.7 and 1508.22; 

Forest Service Handbook 1909.15, Section 

21) 

Dated: August 24, 2005. 

Don Carroll, 

Acting Forest Supervisor, White River 

National Forest. 

[FR Doc. 05–17179 Filed 8–29–05; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

Privacy Act of 1974; Systems of 

Records 

AGENCY: Natural Resources 

Conservation Service (NRCS), USDA. 

ACTION: NRCS is revising the System of 

Records from 1994. 

SUMMARY: Publication of the NRCS 

revision to the System of Records to 

reflect an Agency reorganization 

changing the name of the Soil 

Conservation Service to the Natural 

Resources Conservation Service, to 

change the system name to reflect 

categories of files contained in the 

system, to add a routine use to allow 

records to be accessed by technical 

service providers and contractors, and 

to update authorities, agency contact 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 51333 

information, system accessibility, file 

maintenance, storage, and retrieval. 

EFFECTIVE DATES: August 30, 2005. 

FOR FURTHER INFORMATION, CONTACT: 

Edward M. Biggers, Jr., Director, 

Management Services Division, 1400 

Independence Avenue SW., Room 

6136–S, Washington, DC 20250. 

SUPPLEMENTARY INFORMATION: Section 

2701 of the 2002 Farm Bill amended 

Section 1242 of the Food Security Act 

to require the Secretary of Agriculture to 

provide technical assistance for 

conservation programs authorized under 

Title XII of the Food Security Act to an 

agricultural producer eligible for that 

assistance ‘‘directly * * * or at the 

option of the producer, through a 

payment * * * to the producer for an 

approved third party, if available.’’ The 

Secretary of Agriculture delegated 

authority to implement Section 1242 to 

NRCS. 

Amended Section 1242 of the Food 

Security Act greatly expands the 

availability of technical assistance to 

landowners, operators, producers, 

cooperators, or participants by allowing 

non-USDA providers of technical 

assistance to assist in the delivery of 

technical services. In order to provide 

technical assistance for Title XII 

programs, third party providers of 

technical services must be able to access 

landowner, operator, producer, 

cooperator, or participant information. 

This Notice of Revision to Privacy Act 

System of Record, by adding a new 

routine use (7) to the NRCS System of 

Records (see attachment), allows 

disclosure to contractors and technical 

service providers for the purpose of 

providing technical services to a 

landowner, operator, producer, 

cooperator, or participant. 

Summary of Changes 

As published, the current system of 

records contains information that is in 

need of updating. 

System Name: The name of the 

system is changed from ‘‘Program 

Cooperators—Soil Conservation Service, 

USDA/SCS’’ to ‘‘Landowner, Operator, 

Producer, Cooperator, or Participant 

Files—Natural Resources Conservation 

Service, USDA/NRCS.’’

System Location: System location is 

changed by updating the name of the 

system and adding an Internet address 

and data center information. 

Categories of Individuals Covered by 

the System: Categories of individuals 

covered by the System is changed by 

adding categories of individuals covered 

by the system. 

Categories of Records in the System: 

Categories of Records in the System is 

changed by adding categories of records 

covered by the system. 

Authority for Maintenance of the 

System: Authority for maintenance of 

the system is changed from ‘‘16 U.S.C. 

590 a–f, q, q–1 and 42 U.S.C. 3271–

3274’’ to ‘‘16 U.S.C. 590 a–f, q, q–1 and 

other applicable authorities.’’

Routine Uses of Records Maintained 

in the System, Including Categories of 

Users and the Purposes of Such Uses: 

This section was changed by adding a 

new Routing Use, #7, which states, 

‘‘[d]isclosure may be made to 

contractors or to technical service 

providers as necessary to provide 

technical services to NRCS landowners, 

operators, producers, cooperators, and 

participants and such disclosure shall 

be made subject to the purposes for 

which the contractor or technical 

service provider is hired.’’

Storage: Storage is changed by 

updating the methods by which records 

are stored. 

Retrievability: Retrievability is 

changed by updating the methods by 

which records are retrieved. 

Safeguards: Safeguards is changed by 

updating the name of the Agency and 

how files are maintained, and by adding 

system access and authorization. 

Retention and Disposal: Retention 

and disposal is changed by updating the 

categories of individuals covered by the 

system. 

System Manager(s) and Address: 

System manager(s) and address is 

changed by adding an Internet address 

and updating the Agency name. 

Notification Procedure: Notification 

procedure is changed by updating how 

individuals may request information 

regarding the system. 

Record Access Procedures: Record 

access procedures are changed by 

updating how individuals may obtain 

procedures for gaining access to a record 

in the system. 

Contesting Record Procedures: 

Contesting record procedures are 

changed by updating how individuals 

may obtain procedures for contesting a 

record in the system. 

Record Source Categories: Record 

source categories are changed by 

updating the categories of individuals 

covered by the system and the Agency 

name. 

Signed in Washington, DC on August 24, 

2005. 

Mike Johanns, 

Secretary. 

Department of Agriculture/Natural 

Resources Conservation Service—1 

SYSTEM NAME: 

Landowner, Operator, Producer, 

Cooperator, or Participant Files—

Natural Resources Conservation Service, 

USDA 

SYSTEM LOCATION: 

Program landowner, operator, 

producer, cooperator, or participant files 

are maintained in all NRCS county field 

delivery locations, mostly USDA Field 

Service Centers in the county seat. 

Addresses of each field office are listed 

in the local telephone directories of the 

field office locations under the heading, 

‘‘United States Government, Department 

of Agriculture, Natural Resources 

Conservation Service.’’ Addresses may 

also be obtained at http:// 

www.nrcs.usda.gov. Program 

landowner, operator, producer, 

cooperator, or participant files are also 

maintained in USDA data centers at Fort 

Collins, Colorado; Kansas City, 

Missouri, St. Louis, Missouri, and other 

authorized secure data centers. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Landowners, operators, producers, 

cooperators, or participants with NRCS 

programs. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system consists of electronic 

databases and file folders containing 

information on an individual’s 

conservation plans, cost-share 

agreements, conservation practice 

designs, hardcopy and electronic 

resource and planning maps, resource 

inventory data, assistance notes, 

personal and economic data, and other 

material necessary to provide assistance 

to the landowner, operator, producer, 

cooperator, or participant in conserving 

natural resources on their land they 

manage. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

16 U.S.C. 590 a–f, q, q–1 and other 

applicable authorities. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

(1) Records may be disclosed to 

cooperating Federal, State, and local 

agencies, as necessary for 

implementation of conservation 

programs. 

(2) Disclosure may be made to a 

congressional office from the record of 

an individual in response to an inquiry 

from the congressional office made at 

the request of that individual. 

(3) Disclosure to Federal, State, and 

local agencies, when necessary to certify 

that a conservation plan is in effect for 

land users to qualify for other USDA 

program benefits. 

(4) Referral to the Department of 

Justice with (a) the Agency, or any 

51334 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 

component thereof; or (b) any employee 

of the Agency in his/her official 

capacity; or (c) any employee of the 

Agency in his/her individual capacity 

where the Department of Justice has 

agreed to represent the employee; or (d) 

the United States, where the Agency 

determines that litigation is likely to 

affect the Agency or any of its 

components, is a part to litigation or has 

an interest in such litigation, and the 

use of such records by the Department 

of Justice is deemed by the Agency to 

be relevant and necessary to the 

litigation, provided, however, that in 

each case, the Agency determines that 

disclosure of the records to the 

Department of Justice is a use of the 

information contained in the records 

that is compatible with the purpose for 

which the records were collected. 

(5) Disclosure in a proceeding before 

a court or adjudicative body before 

which the Agency is authorized to 

appear, when (a) the Agency, or any 

component thereof; or (b) any employee 

of the Agency in his/her official 

capacity; or (c) any employee of the 

Agency in his/her individual capacity 

where the Agency has agreed to 

represent the employee; or (d) the 

United States, where the Agency 

determines that litigation is likely to 

affect the Agency or any of its 

components, is a part to litigation or has 

an interest in such litigation, and the 

Agency determines that use of such 

records if relevant and necessary to the 

litigation, provided, however, that in 

each case, the Agency determines that 

disclosure of the records to the court is 

a use of the information contained in 

the records that is compatible with the 

purpose for which the records were 

collected. 

(6) Referral to the appropriate agency, 

whether Federal, State, local, or foreign, 

charged with the responsibility of 

investigating or prosecuting a violation 

of law, or of enforcing or implementing 

the statute, rule, regulation, or order 

issued pursuant thereto, of any record 

within this system when information 

available 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 rule, 

regulation, or order issued pursuant 

thereto. 

(7) Disclosure may be made to 

contractors or to technical service 

providers as necessary to provide NRCS 

technical services to landowners, 

operators, producers, cooperators, and 

participants and such disclosure shall 

be made subject to the purposes for 

which the contractor or technical 

service provider is hired. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in an 

electronic retrieval system and in file 

folders in county field delivery offices. 

RETRIEVABILITY: 

Records are retrieved by name of 

landowner, operator, producer, 

cooperator, or participant, or location on 

a map, unit identification number, 

location code, farm type, soil resources 

survey area, soil resources conservation 

district code, resource management 

systems and practices, and program 

contract information. 

SAFEGUARDS: 

System access is restricted to 

authorized Natural Resources 

Conservation Service employees and 

conservation district employees and 

technical service providers working to 

assist with the implementation of 

natural resources programs. NRCS field 

employees are authorized to access 

system records of landowners, 

operators, producers, cooperator, or 

participants in their service area or 

outside of their service area if the 

landowner, operator, producer, 

cooperator, or participant has 

authorized access. Conservation district 

employees are authorized to access 

system records of their district 

landowners, operators, producers, 

cooperators, or participants only in their 

official capacity as district employees. 

The electronic data retrieval system is 

secured by the USDA Common 

Computing Environment user 

authentication process and USDA 

eAuthentication login and password 

protection. Hardcopy files are 

maintained in file cabinets, which 

should be locked when not in use. 

Offices are locked during non-business 

hours. 

RETENTION AND DISPOSAL: 

Records are maintained as long as the 

landowner, operator, producer, 

cooperator, or participant qualifies for 

conservation programs. 

SYSTEM MANAGER(S) AND ADDRESS: 

District conservationists or their 

designees are in charge of delivering 

services in county offices. Addresses of 

each field office are listed in the 

telephone directories of the field office 

locations under ‘‘United States 

Government, Department of Agriculture, 

Natural Resources Conservation 

Service.’’ Addresses may also be 

obtained at http://www.nrcs.usda.gov. 

NOTIFICATION PROCEDURE: 

Any individual may request 

information regarding this system of 

records, or information as to whether 

the system contains records pertaining 

to him/her by contacting the respective 

district conservationist or other 

designee. If the specific location of the 

record is not known, the individual 

should address his/her request to the 

Director, Management Services 

Division, USDA-Natural Resources 

Conservation Service, P. O. Box 2890, 

Washington, DC 20013, who will refer it 

to the appropriate field office. A request 

for information pertaining to an 

individual should contain: Name, 

address, and other relevant information 

(e.g., name or nature of program, name 

of cooperating body, etc.). 

RECORD ACCESS PROCEDURES: 

Any individual may obtain 

information as to the procedures for 

gaining access to a record in the system 

which pertains to him/her by submitting 

a written request to the district 

conservationist or his/her designated 

representative or to the Director, 

Management Services Division, USDANatural Resources Conservation Service, 

P.O. Box 2890, Washington, DC 20013. 

CONTESTING RECORD PROCEDURES: 

Any individual may obtain 

information as to the procedures for 

contesting a record in the system which 

pertains to him/her by submitting a 

written request to the district 

conservationist or his/her designated 

representative or to the Director, 

Management Services Division, USDANatural Resources Conservation Service, 

P.O. Box 2890, Washington, DC 20013. 

RECORD SOURCE CATEGORIES: 

Information in this system comes 

from landowners, operators, producers, 

cooperators, or participants and NRCS 

field conservationists who provide 

technical and program assistance to 

them. 

[FR Doc. 05–17305 Filed 8–29–05; 8:45 am] 

BILLING CODE 3410–16–U 

CIVIL RIGHTS COMMISSION 

Agenda and Notice of Public Meeting 

of the Florida Advisory Committee 

Notice is hereby given, pursuant to 

the provisions of the rules and 

regulations of the U.S. Commission on 

Civil Rights, that a conference call of the 

Florida Advisory Committee will 

convene at 2 p.m. (EST) and adjourn at 

3 p.m. (EST) on Thursday, September 8, 

2005. The purpose of the meeting is to