[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Notices]
[Pages 20017-20018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10213]
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DEPARTMENT OF THE INTERIOR
Office of Hearings and Appeals
Privacy Act of 1974; As Amended; Revisions to the Existing System
of Records
AGENCY: Office of Hearings and Appeals, Department of the Interior.
ACTION: Proposed revisions to an existing system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended (5
U.S.C. 552a), the Office of Hearings and Appeals is issuing public
notice of its intent to modify an existing Privacy Act system of
records, OHA-01, ``Hearings and Appeals Files.'' The revisions will
update the address of the system locations in its regional offices and
the authority for maintenance of the system.
EFFECTIVE DATE: These actions will be effective April 23, 1999.
FOR FURTHER INFORMATION CONTACT: Director, Office of Hearings and
Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203.
SUPPLEMENTARY INFORMATION: In this notice, the Department of the
Interior is amending OHA-01, ``Hearings and Appeals Files,'' to update
the address of the system locations in the regional offices and the
authority for maintenance of the system. Accordingly, the Office of
Hearings and Appeals proposes to amend ``Hearings and Appeals Files,''
OHA-01, in its entirety to read as follows:
Sue Ellen Sloca,
Office of the Secretary Privacy Act Officer, National Business Center.
INTERIOR/OHA-01
System Name:
Hearings and Appeals Files--Interior, OHA-01.
SYSTEM LOCATION:
(1) National headquarters: Office of Hearings and Appeals, 4015
Wilson Boulevard, Arlington, Virginia 22203.
(2) Field offices: Office of Hearings and Appeals, Hearings
Division, Offices of Administrative Law Judges. (Contact the System
Manager to obtain a current address list for these field offices).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals involved in hearings and appeals proceedings before the
Hearings Division, Appeals Boards, and/or the Director of the Office of
Hearings and Appeals (or his/her designee/s).
CATEGORIES OF RECORDS COVERED BY THE SYSTEM:
Information assembled in case files pertaining to hearings
proceedings, and to appeals to the Department relating to:
(1) Contract disputes arising out of findings of fact or decisions
by contracting officers of any bureau or office of the Department, or
any field installation thereof, which are considered and decided
finally for the Department by the Interior Board of Contract Appeals.
(2) Indian probate matters, including determination of heirs, and
approval of wills, except as to members of the Five Civilized Tribes,
and resolution of appeals to the Department in such matters;
proceedings in Indian probate relating to Tribal acquisition of certain
interests of decedents in trust and restricted lands; and appeals
pertaining to administrative actions of Bureau of Indian Affairs
officials in cases involving determinations, findings and orders
protested as a violation of a right or privilege of the appellant,
which are considered and decided finally for the Department by the
Interior Board of Indian Appeals.
(3) Appeals from decisions rendered by Departmental officials
relating to the use and disposition of mineral resources in certain
acquired lands of the United States and in the submerged lands of the
Outer Continental Shelf, which are considered and decided finally for
the Department by the Interior Board of Land Appeals,
(4) Appeals from orders and decisions issued by Departmental
officials and administrative law judges in proceedings relating to
surface coal mining control and reclamation which are considered and
decided finally for the Department by the Interior Board of Land
Appeals.
(5) Wildlife civil penalty assessment hearings before
administrative law judges of the Office of Hearings and Appeals and
appeals from their orders and decisions which are considered and
finally decided for the Department by the Director, Office of Hearings
and Appeals, or ad hoc appeals boards appointed by him.
(6) Appeals from orders and decisions of Departmental bureaus
pertaining to relocation assistance benefits claims, or requests for
waiver of claims for erroneous overpayments, considered and finally
decided for the Department by the Director, Office of Hearings and
Appeals, or ad hoc appeals boards appointed by him/her.
(7) Grievance proceedings involving employees of the Department, in
which hearings are conducted and recommended decisions are prepared by
Office of Hearings and Appeals attorneys and hearing examiners under
authority delegated by the Director, Office of Hearings and Appeals.
(8) Proceedings and decisions by administrative law judges and the
Director, Office of Hearings and Appeals, concerning nondiscrimination
in Federally assisted programs in connection with which Federal
financial assistance is extended under laws administered in whole or in
part by the Department of the Interior Effectuation of Title VI of the
Civil Rights Act of 1964.
(9) Proceedings and decisions by administrative law judges and the
Director, Office of Hearings and Appeals, concerning nondiscrimination
in activities conducted under permits, rights-of-way, public land
orders, and other Federal authorizations granted or issued under Title
II of the Trans-Alaska Pipeline Authorization Act.
(10) Proceedings and decisions by the Director, Office of Hearings
and Appeals, or his/her designee/s, in matters arising under various
statutes or Departmental regulations providing for a hearing and/or a
right to appeal within the Department as set forth in 43 CFR part 4.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 43 CFR Part 4; 41 U.S.C. 601; 43 U.S.C. 1201; 43
U.S.C. 1701; 25 U.S.C. 2, 9, 372, 373, 373a, 373b, 374; 43 U.S.C. 315a;
43 U.S.C. 1601-1628; 5 U.S.C. 551; 30 U.S.C. 1202 et seq.; 43 U.S.C.
1331; 30 U.S.C. chap. 2, 3, 3A, 5, 7, 15, 16, 23, 25 and 29.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The primary purpose of the system is the adjudication of appeals
and determination of issues in hearings and appeals proceedings.
Disclosure outside the Department of the Interior may be made:
(1) To the U.S. Department of Justice, or to a court or
adjudicative body with jurisdiction, when (a) the United States, the
Department of the Interior, a component of the Department, or, when
represented by the Government, an employee of the Department is a party
to litigation or anticipated litigation or has an interest in such
litigation, and (b) the Department of the Interior determines that the
disclosure is relevant or compatible with the purpose for which the
records were compiled.
(2) To appropriate Federal, State, local or foreign agencies
responsible for investigating or prosecuting the violation of, or for
enforcing or implementing a statute, rule, regulation,
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order or license, when the disclosing agency becomes aware of
information indicating the violation or potential violation of a
statute, rule, regulation, order or license.
(3) To a congressional office in connection with an inquiry an
individual covered by the system has made to the congressional office.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in manual form in file folders.
RETRIEVABILITY:
Records are indexed and retrieved by the name of the appellant,
claimant, or other party, or by designated Office of Hearings and
Appeals docket number.
SAFEGUARDS:
Access to and use of these records is limited to those persons
whose official duties require such access. Records are maintained in
accordance with 43 CFR 2.51.
RETENTION AND DISPOSAL:
Records are retained in accordance with approved records retention
and disposal schedules.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Hearings and Appeals, U.S. Department of the
Interior, 4015 Wilson Boulevard, Arlington, Virginia 22203.
NOTIFICATION PROCEDURE:
Inquiries regarding the existence of records shall be addressed to
the System Manager. The request must be in writing, signed by the
requestor, and comply with the content requirements of 43 CFR 2.60.
RECORD ACCESS PROCEDURES:
A request for access shall be addressed to the System Manager. The
request must be in writing, signed by the requester, and comply with
the content requirements of 43 CFR 2.63.
CONTESTING RECORD PROCEDURES:
A petition for amendment shall be addressed to the System Manager.
The request must be in writing, signed by the requester, and comply
with the content requirements of 43 CFR 2.71.
RECORD SOURCE CATEGORIES:
Records in the system contain information submitted by all parties
to the adjudication, including but not limited to the following
categories of individuals: appellants, claimants, grievants, and other
persons involved in the hearings and appeals proceedings, and
government officials.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 99-10213 Filed 4-22-99; 8:45 am]
BILLING CODE 4310-RK-P
