[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Page 68635-68637]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Privacy Act as Amended; Amendment of an Existing System of 

AGENCY: U.S. Fish and Wildlife Service, Department of the Interior.

ACTION: Proposed amendment of an existing system of records notice.


SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the Department of the Interior issues this 
public notice of its intent to modify an existing Privacy Act system of 
records managed by the U.S. Fish and Wildlife Service (FWS). The 
changes are to the system of records called ``Real Property Records--
Interior, FWS-11 which is published in its entirety below.

DATES: 5 U.S.C. 552a (e)(11) requires that the public be provided a 30-
day period in which to comment on an agency's intended use of the 
information in the system of records. The Office of Management and 
Budget in its Circular A-130, requires an additional 10-day period in 
which to make these comments. Comments received within the 40 days from 
the publication in the Federal Register will be considered. The system 
will be effective as proposed at the end of the comment period unless 
comments are received which would require a contrary determination. The 
Department will publish a revised notice if changes are made based upon 
a review of comments received. Any person interested in commenting on 
this proposed amendment may do so by submitting comments in writing to 
Mr. Johnny R. Hunt, Privacy Act Officer, U.S. Fish and Wildlife 
Service, Department of the Interior, Mail Stop 222, Arlington square 
Building, 4401 North Fairfax Drive, Arlington, Virginia 22203, or by e-
mail to Johnny_Hunt@fws.gov.

Officer, U.S. Fish and Wildlife Service, telephone: (703) 358-1730, or 
fax: (703) 358-2269.

SUPPLEMENTARY INFORMATION: The Refuge Revenue Sharing Act of October 
17, 1978, Public Law 95-469, amended the Act of June 15, 1935 [amended 
by the Act of August 30, 1964 (78 Stat. 701; 16 U.S.C.715s)] authorizes 
the Department of Interior to deposit into the United States Treasury 
revenues received by the Secretary of Interior from such activities as 
the ``sale or other disposition of animals, salmonoid carcasses, 
timber, hay, grass, or other products of the soil, minerals, shells, 
sand, or gravel, from other privileges, or from leases for public 
accommodations or facilities * * *'' The Department applies such 
revenues toward the maintenance of the National Wildlife Refuge system.
    Monies from the Migratory Bird Conservation Fund and other 
Congressional Appropriation provide for such activities as land 
appraisals, surveys, and payments for acquisition of real property 
interests. The FWS established a subcomponent of the Real Property 
Records system called the Land Acquisition Network Database System 
(LANDS) to reconcile end-of-year transaction reports required by the 
Internal Revenue Service (IRS) for payments made to landowners who are 
selling an interest to FWS. The system will also allow the program to 
more quickly obtain land transaction status related to individual 
property parcels. Because the system will retrieve personal information 
such as name, address, social security number, land ownership status, 
and records of payment that must be reported as income to the IRS, it 
is subject to the Privacy Act of 1974 (5 U.S.C. 552a).

Johnny R. Hunt,
Privacy Act Officer, U.S. Fish & Wildlife Service.

System name:
    Real Property Records--Interior, FWS-11

[[Page 68636]]

Security classification:

System location:
    We maintain records at (1) the Division of Realty, U.S. Fish and 
Wildlife Service, Arlington Square Building, 4401 North Fairfax Drive, 
Arlington, Virginia 22203 (2) all regional and field offices of the 
Ecological Services program. The records are stored on the server of 
the Branch of Communication Technology, U.S. Fish and Wildlife Service, 
Division of Realty, 755 Parfet Street, Suite 349, Lakewood, CO 80228.

Categories of individuals covered by the system:
    The records are on landowners, tenants and permitees from whom the 
U.S. Fish and Wildlife Service has acquired land, water or interests 
therein (including options to buy property or an interest in property). 
Specifically, records may be on private landowners who have (1) signed 
an option for selling property or an interest in their property to the 
Fish and Wildlife Service or (2) have requested an evaluation of their 
property value related to that option.

Categories of records in the system:
    The system contains:
    (1) The title file (contains title evidence, the instrument of 
conveyance, the acquisition contract, title curative and closing data, 
title opinions, the survey description and plat, payment vouchers and 
the appraisal summary);
    (2) The case file (contains the acquisition contract, the 
instrument of conveyance, closing data, the survey description and 
plat, payment vouchers, and the appraisal summary);
    (3) The correspondence file (contains all general correspondence 
associated with the acquisition, the negotiator's contacts, and all 
material used for relocation assistance permits or outgrants);
    (4) The appraisal report (contains the property description, local 
market data, comparable sales information, location maps, and an 
analysis of property value); and
    (5) The option file (contains landowner's names, social security or 
employee identification numbers, home addresses, property acreages, 
bureau-assigned tract numbers, legal descriptions of lands, limitations 
of any easements, status of appraisal requests and/or offers to 
landowners, and money obligated and spent to acquire the property).

Authority for maintenance of the system:
    Federal Property and Administrative Services Act of 1949 (63 Stat. 
377); Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 
1222); Migratory Bird Hunting Stamp Act, as amended (16 U.S.C. 718 et 
seq.); Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742a et 
seq.); Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-
666c); Recreational Use of Conservation Areas Act, as amended (16 
U.S.C. 460k-460k4); Colorado River Storage Project Act, as amended 943 
U.S.C. 602g); Endangered Species Act of 1973 (16 U.S.C. 1531-1543); 
National Wildlife Refuge System Administration Act as amended (16 
U.S.C. 668dd-668ee); Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (40 U.S.C. 4601 et seq.); Refuge 
Revenue Sharing Act of October 17, 1978, Public L. 95-469, amended the 
Act of June 15, 1935 [amended by the Act of August 30, 1964 (78 Stat. 
701; 16 U.S.C. 715s)].

Routine use of records maintained in the system, including categories 
of users and the purposes of such uses:
    The FWS is the primary user of the system, and the primary uses of 
the records are to:
    (1) Obtain title evidence for closing from title companies or 
    (2) Obtain title opinions and judgments on condemnation from our 
Solicitor's Offices and the Department of Justice;
    (3) Use in negotiations regarding property appraisal;
    (4) Obtain relocation assistance permits or outgrants;
    (5) Report excess lands to the General Services Administration for 
transfer or disposal;
    (6) Produce required agency annual reports which are stripped of 
personal identifiers;
    (7) Reconcile end-of-year financial transaction reports required by 
the IRS and the FWS related to the land acquisition activities;
    (8) Reconcile and track payments made to private landowners who are 
selling land or a land interest to the FWS;
    (9) Monitor and update the status of land transaction activities 
with private landowners;
    (10) Maintain a listing of counties that are eligible and that will 
receive revenue sharing payments as a result of the bureaus' land 
acquisition activities and also as a result of appraisal of those 
properties in accordance with the Refuge Revenue Sharing Act of October 
17, 1978, Public Law 95-469;
    (11) Report taxable income as required by the Internal Revenue 
    Disclosure to any of the following entities outside the DOI may be 
made under any of the routine uses listed below without the consent of 
the individual if the disclosure is compatible with the purpose for 
which the records were collected:
    (1) To another Federal agency to enable that agency to respond to 
an inquiry by the individual to whom the record pertains;
    (2) To Federal, State, and local authorities as needed to conduct 
inquiries related to land acquisition activities carried out under any 
of the previously stated authorities;
    (3) To the Department of Justice (DOJ), or to a court or 
adjudicative or other administrative body, or to a party in litigation 
before a court or adjudicative or administrative body when:
    (a) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (i) The DOI or any component of the DOI;
    (ii) Any employee acting in his or her official capacity;
    (iii) Any DOI employee acting in his or her individual capacity 
where the DOI or DOJ has agreed to represent the employee; or
    (iv) The United States, when DOI determines that DOI is likely to 
be affected by the proceeding; and
    (b) The DOI deems the disclosure to be:
    (i) Relevant and necessary to the proceedings and
    (ii) compatible with the purpose for which DOI compiled the 
    (4) To an appropriate Federal, State, tribal, local or foreign 
governmental agency that is responsible for investigating, prosecuting, 
enforcing or implementing a statute, rule, regulation, order or license 
when we become aware of an indication of a violation or potential 
violation of the statute, rule regulation, order or license.
    (5) To Federal, State, and local authorities as needed to conduct 
inquiries related to land acquisition activities carried out under the 
Refuge Revenue Sharing Act of October 17, 1978, Public Law 95-469.
    (6) To a congressional office in response to a written inquiry to 
that office by the individual to whom the record pertains.
    (7) To a contractor, expert, or consultant employed by the FWS--
only when necessary to accomplish a function related to this system of 
    (8) To the IRS as part of the IRS-required year-end financial 
reports to

[[Page 68637]]

produce the 1099 notice to the landowner as taxable income.

Disclosure to consumer reporting agencies:
    Pursuant to 5 U.S.C. 552a(b)12, disclosures may be made from this 
system to consumer reporting agencies as they are defined in the Fair 
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims 
Collection Act of 1966 (931 U.S.C. 3701(A)(3)).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    We maintain records both in paper and electronic files. Electronic 
records are stored in a computer system on a secure server. Hardcopy 
input records associated with reconciliation of bureau financial 
reports or records required to report taxable income are temporarily 
secured in a locked file that bears a Privacy Act warning label.

    Generally we store the records by individual name, project name, 
project number and location. Electronic records may be searched on or 
reported by any data field. Retrieval is generally dependent upon the 
report or purpose of usage and whether a need to know exists. For 
example, records may be retrieved by social security number, name, 
tract number, State, or county. Records are retrievable for several 
purposes, such as determining landowner payments that need to be 
reported to IRS, tracking payments made to landowners, reconciliation 
of the bureau's financial reports, and tracking status of acquisition 
activities or requests for surveys and appraisals related to those 

    We maintain the records in accordance with safeguards specified in 
the Department of the Interior Privacy Act regulations (43 CFR 2.51). 
Safeguards include password-protected computers and on site locked 
storage rooms. Electronic records have a multi-level password-protected 
database. The file server uses active directory for logon. The 
application uses secure socket layer (SSL) through port 443 so that 
HTTP traffic is encrypted with 128-bit encryption for external 
protection. Therefore, data is secure between the client and the Branch 
of Communication Technology's Server. The tax identification number, 
Social Security Number and Employee Identification Number are encrypted 
using base 64 encryption algorithms and converted to HEX. Electronic 
records are password-protected, backed up daily, and maintained with 
safeguards meeting the security requirements of 43 CFR 2.51. A Privacy 
Impact Assessment was completed to ensure that Privacy Act requirements 
and safeguard requirements are met.

Retention and disposal:
    Records are maintained in accordance with U.S. Fish and Wildlife 
Service Records Schedule and the General Records Schedule (GRS-7).

System manager(s) and address:
    Chief, Division of Realty, U.S. Fish and Wildlife Service, Mail 
Stop 622, Arlington Square Building, 4401 North Fairfax Drive, 
Arlington, Virginia 22203 and (2) U.S. Fish and Wildlife Service 
Regional Offices (See 50 CFR 2.2 for addresses).

Notification procedures:
    Any individual may request notification of the existence of records 
on him or herself may do so by writing to the system manager at the 
address above. The request must be in writing, be signed by the 
requester, and include the requester's full name, address, and Social 
Security Number (see 43 CFR 2.60).

Records access procedures:
    See ``Notification procedures'' above and 43 CFR 2.63(b)(4)).

Contesting record procedures:
    See ``Notification procedures'' above and 43 CFR 2.71).

Records Source Categories:
    Records come from landowners who have signed an option for selling 
land or interests in lands to the Fish and Wildlife Service.

Exemptions claimed for the system:

[FR Doc. E6-20033 Filed 11-24-06; 8:45 am]