[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Notices]
[Pages 54425-54428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21913]


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DEPARTMENT OF THE INTERIOR


 Geological Survey: Privacy Act of 1974, as Amended; 
Establishment of a New System of Records

AGENCY: U.S. Geological Survey.

ACTION: Proposed establishment of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended (5

[[Page 54426]]

U.S.C. 552a), the Department of the Interior is issuing public notice 
of its intent to establish a new Privacy Act system of records notice 
to its inventory: Interior, USGS-01, ``National Water Information 
System: NWIS.''

DATES: Comments must be received by October 29, 2008.

ADDRESSES: Any persons interested in commenting on this new system of 
records may do so by submitting comments in writing to the U.S. 
Geological Survey Privacy Act Officer, Deborah Kimball, National 
Center, 12201 Sunrise Valley Drive, MS-807, Reston, Virginia 20192, or 
by e-mail to <a href="/cdn-cgi/l/email-protection#7f1b1416121d1e13133f0a0c180c51181009"><span class="__cf_email__" data-cfemail="5e3a3537333c3f32321e2b2d392d70393128">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: U.S. Geological Survey Privacy Act 
Officer, Deborah Kimball, National Center, 12201 Sunrise Valley Drive, 
MS-807, Reston, Virginia 20192, or by e-mail to <a href="/cdn-cgi/l/email-protection#3d595654505f5c51517d484e5a4e135a524b"><span class="__cf_email__" data-cfemail="9df9f6f4f0fffcf1f1dde8eefaeeb3faf2eb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NWIS is the repository of hydrologic data 
collected as part of cooperative hydrologic studies nationwide for the 
Water Resources Division of the USGS. In addition to comprehensive 
nationwide information on groundwater and surface water quantity and 
quality, the NWIS contains information about individuals or groups that 
own or have control of physical access to sites where USGS collects 
data. This system of records notice will be effective as proposed at 
the end of the comment period unless comments are received which would 
require a contrary determination. The U.S. Geological Survey will 
publish a revised notice if changes are made based upon a review of 
comments received.

    Dated: September 11, 2008.
Deborah Kimball,
U.S. Geological Survey Privacy Act Officer.

SYSTEM NAME:
    USGS, USGS-01, ``National Water Information System: NWIS''.

SYSTEM LOCATION:
    U.S. Geological Survey, Water Resources Discipline, National Water 
Information System, 12201 Sunrise Valley Drive, MS 437, Reston, VA 
20192 and 45 Water Science Centers (for locations see ``System Managers 
and Addresses'' below).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals and groups who own or control physical access to 
groundwater or surface-water sites in the United States.

    Note: This system contains records relating to corporations and 
other business entities. However, only records containing personal 
information relating to individuals are subject to the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Each entry in the system contains non-mandatory fields that may 
contain information about the site-owner or a contact person associated 
with the site. This information includes site-owner name or contact 
person's name, postal address, and phone number.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    43 U.S.C. 31 et seq. The Organic Act of March 3, 1879, as amended 
(1962); directs the Geological Survey to classify the public lands and 
examine the geological structure, mineral resources, and products 
within and outside the national domain.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The following routine uses may apply, as appropriate, to 
disclosures from record systems at the Department of the Interior that 
are protected by the Privacy Act of 1974, 5 U.S.C. 552, et seq.
    The primary uses of the records in the system are:
    (1) To maintain accurate, timely and complete information about 
groundwater and surface-water quantity, quality and use at sites 
throughout the United States, so that reports and surveys can be 
developed analyzing accurate information.
    (2) To maintain information on site-owners and those controlling 
access to sites in order to obtain advance approval to visit a site on 
private land, or to request additional information about the site or 
activities taking place there.
    Other disclosures outside the Department of the Interior may be 
made:
    (1)(a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ);
    (ii) A court or an adjudicative or other administrative body;
    (iii) A party in litigation before a court or an adjudicative or 
other administrative body; or
    (iv) Any DOI 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;
    (b) When:
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) DOI or any component of DOI;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any DOI employee acting in his or her official capacity;
    (D) Any DOI 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;
    (E) The United States, when DOJ determines that DOI is likely to be 
affected by the proceeding; and
    (ii) DOI deems the disclosure to be:
    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (2) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the office.
    (3) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, state, territorial, local, 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.
    (4) 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.
    (5) 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.
    (6) 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.
    (7) To state and local governments and tribal organizations 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.
    (8) To an expert, consultant, or contractor (including employees of 
the contractor) of DOI that performs services requiring access to these 
records on

[[Page 54427]]

DOI's behalf to carry out the purposes of the system.
    (9) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; and
    (b) The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interest, 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
    (c) The disclosure is made to such agencies, entities and persons 
who are 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.
    (10) To the Office of Management and Budget during the coordination 
and clearance process in connection with legislative affairs as 
mandated by OMB Circular A-19.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosure will not be made to consumer reporting agencies.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored on magnetic hard disk media in relational 
databases at 45 Water Science Centers. These facilities are under the 
direction of the USGS, Water Resources Division (WRD) Science Center 
Directors. In addition to the forty-five Water Science Center sites, 
there are two NWIS real-time (NWIS-RT) redundant processing sites and 
the system development and testing site where the records are stored on 
hard disk in relational databases.

RETRIEVABILITY:
    Records are retrieved by site location number only.

SAFEGUARDS:
    (1) Physical Security: Servers and related electronic systems 
including computer station monitors are located in locked buildings. In 
many locations law enforcement is also present to protect their 
security.
    (2) Technical Security: Electronic records are maintained in 
conformity with Office of Management and Budget, National Institute of 
Standards Technology, and Departmental requirements reflecting the 
implementation of the Federal Information Security Management Act. 
Electronic data is protected through user identification, passwords, 
database permissions, a Privacy Act Warning, and software controls. 
These security measures establish different degrees of access for 
different types of users. NWIS controls access using three layers of 
security: system user authentication, database access (table and row 
level) via grants, and roles and groups on the NWIS application. The 
Security Plan addresses the Department's Privacy Act safeguard 
requirements for Privacy Act systems at 43 CFR 2.51. A Privacy Impact 
Assessment was completed to ensure that Privacy Act requirements and 
safeguards are sufficient and in place. Its provisions will be updated 
as needed to ensure that Privacy Act requirements continue to be met.
    (3) Administrative Security: Access is strictly limited to 
authorized personnel whose official duties require such access. All 
Departmental and contractor employees with access to NWIS are required 
to complete Privacy Act, Federal Records Act, and Information 
Technology Security Awareness training prior to being given access to 
the system, and on an annual basis, thereafter. All users sign security 
forms stating they will neither misuse government computers nor the 
information contained therein. In addition, managers and supervisors of 
users monitor the use of the database and ensure that the information 
is used in accordance with certified and accredited business practices.

RETENTION AND DISPOSITION:
    The data stored in the NWIS databases are permanent records; 
therefore, the retention period is indefinite. When the data is no 
longer required for research or if the NWIS program is discontinued, 
records will be transferred to NARA for permanent retention pursuant to 
Records Schedules for similar records. This is in accordance with NARA 
Item Number 1400-01 dated April 14, 2008, and is part of the overall 
Water Resource Discipline Scientific Records Disposition Schedule.

SYSTEM MANAGER(S) AND ADDRESSES:
    (1) National Water Information System Program Office Chief, U.S. 
Geological Survey, Water Resources Discipline, 12201 Sunrise Valley 
Drive, MS 437, Reston, VA 20192;
    (2) Director, Alabama Water Science Center, AUM TechnaCenter, 75 
TechnaCenter Drive, Montgomery, AL 36117;
    (3) Director, Alaska Science Center, 4230 University Drive, Grace 
Hall, Anchorage, AK 99508-4664;
    (4) Director, Arizona Water Science Center, 520 North Park Avenue, 
Suite 221, Tucson, AZ 85719-5035;
    (5) Director, Arkansas Water Science Center, 401 Hardin Road, 
Little Rock, AR 72211-3528;
    (6) Director, Caribbean Water Science Center, GSA Center, 651 
Federal Drive, Suite 400-15, Guaynabo, PR 00965;
    (7) Director, Colorado Water Science Center, Denver Federal Center, 
Box 25046, Mail Stop 415, Denver, CO 80225;
    (8) Director, Florida Integrated Science Center--Tallahassee, 12703 
Research Parkway, Orlando, FL 32826;
    (9) Director, Georgia Water Science Center, 3039 Amwiler Road, 
Suite 130, Atlanta, GA 30360-2824;
    (10) Water Director, Idaho Water Science Center, 230 Collins Road, 
Boise, ID 83702-4520;
    (11) Director, Illinois Water Science Center, 221 N. Broadway 
Avenue, Suite 101, Urbana, IL 61801-2748;
    (12) Director, Indiana Water Science Center, 5957 Lakeside Blvd, 
Indianapolis, IN 46278;
    (13) Director, Iowa Water Science Center, 400 South Clinton Street, 
Room 269, Iowa City, IA 52240;
    (14) Director, Kansas Water Science Center, S4821 Quail Crest 
Place, Lawrence, KS 66049;
    (15) Director, Kentucky Water Science Center, 9818 Bluegrass 
Parkway, Louisville, KY 40299;
    (16) Director, Louisiana Water Science Center, 3535 Sherwood Forest 
Blvd., Suite 120, Baton Rouge, LA 70816;
    (17) Director, Maryland Water Science Center, 5522 Research Park 
Drive, Baltimore, MD 21228;
    (18) Director, Massachusetts Water Science Center, 10 Bearfoot 
Road, Northborough, MA 01532;
    (19) Director, Michigan Water Science Center, 6520 Mercantile Way, 
Suite 5, Lansing, MI 48911;
    (20) Director, Minnesota Water Science Center, 2280 Woodale Drive, 
Mounds View, MN 55112;
    (21) Director, Mississippi Water Science Center, 308 S. Airport 
Road, Pearl, MS 39208-6649;
    (22) Director, Missouri Water Science Center, 1400 Independence 
Road, Rolla, MO 65401;
    (23) Director, Montana Water Science Center, 3162 Bozeman Avenue, 
Helena, MT 59601;
    (24) Director, Nebraska Water Science Center, 5231 South 19th 
Street, Lincoln, NE 68512-1271;
    (25) Director, Nevada Water Science Center, 2730 N. Deer Run Road, 
Carson City, NV 89701;

[[Page 54428]]

    (26) Director, New Jersey Water Science Center, 810 Bear Tavern, 
Suite 206, West Trenton, NJ 08628;
    (27) Director, New Mexico Water Science Center, 5338 Montgomery 
Blvd. NE, Suite 400, Albuquerque, NM 87109;
    (28) Director, New York Water Science Center, 425 Jordan Road, 
Troy, NY 12180-8349;
    (29) Director, North Carolina Water Science Center, 3916 Sunset 
Ridge Road, Raleigh, NC 27602;
    (30) Director, North Dakota Water Science Center, 821 East 
Interstate Avenue, Bismarck, ND 58503-1199;
    (31) Director, Ohio Water Science Center, 6480 Doubletree Avenue, 
Columbus, OH 43229-1111;
    (32) Director, Oklahoma Water Science Center, NW 66th Street, 
Building 7, Oklahoma City, OK 73116;
    (33) Director, Oregon Water Science Center, 2130 SW 5th Avenue, 
Portland, OR 97201;
    (34) Director, Pacific Islands Water Science Center, 677 Ala Moana 
Blvd., Suite 415, Honolulu, HI 96813;
    (35) Director, Pennsylvania Water Science Center, 215 Limekiln Rd., 
New Cumberland, PA 17070;
    (36) Director, South Carolina Water Science Center, 720 Gracern 
Road, Suite 129, Columbia, SC 29210;
    (37) Director, South Dakota Water Science Center, 1608 Mt. View 
Road, Rapid City, SD 57702;
    (38) Director, Tennessee Water Science Center, 640 Grassmere Park, 
Suite 100, Nashville, TN 37211;
    (39) Director, Texas Water Science Center, 8027 Exchange Drive, 
Austin, TX 78754-4733;
    (40) Director, Utah Water Science Center, 2329 W. Orton Circle, 
Valley City, UT 84119-2047;
    (41) Director, Virginia Water Science Center, 1730 East Parham 
Road, Richmond, VA 23228;
    (42) Director, Washington Water Science Center, 934 Broadway, Suite 
300, Tacoma, WA 98402;
    (43) Director, Western Region Office, 3020 State University Drive 
East, Suite 3005, Menlo Park, CA 94025;
    (44) Director, West Virginia Water Science Center, 11 Dunbar 
Street, Charleston, WV 25301;
    (45) Director, Wisconsin Water Science Center, 8505 Research Way, 
Middleton, WI 53562-3581;
    (46) Director, Wyoming Water Science Center, 2617 E. Lincolnway, 
Suite B, Cheyenne, WY 82001.

NOTIFICATION PROCEDURES:
    Inquiries regarding the existence of records about an individual 
shall be addressed to the appropriate Water Science Center Director 
shown under the System Managers list above. A written, signed request 
stating that the requestor seeks information concerning records 
pertaining to him or herself is required. (see 43 CFR 2.60.)

RECORD ACCESS PROCEDURES:
    For copies of your records, write to the appropriate Water Science 
Center Director shown under the System Managers list above. The request 
must be in writing, signed by the requestor, and meet the content 
requirements of 43 CFR 2.63.

CONTESTING RECORDS PROCEDURES:
    To request amendment of your records, write to the appropriate 
Water Science Center Director shown under the System Managers list 
above. The request must be in writing, signed by the requestor and meet 
the content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Designated USGS personnel enter site-owner location information 
that is provided by individuals, well drillers, local, State 
environmental protections offices, water management districts or 
Federal cooperating agencies such as the U.S. Army Corps of Engineers, 
Environmental Protection Agency, and the Department of Commerce, 
National Oceanic and Atmospheric Administration's National Weather 
Service.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-21913 Filed 9-18-08; 8:45 am]
BILLING CODE 4310-Y7-P


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