INTERIOR/WBR-31, Acreage Limitation

64 FR 13234 (March 17, 1999); Modification published 73 FR 20949 (April 17, 2008) and 86 FR 50156 (September 7, 2021)

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Privacy Act of 1974, as Amended; System of Records

AGENCY:  Bureau of Reclamation, Interior.

ACTION:  Notice of minor changes to two systems of records.
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SUMMARY:  Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), notice is hereby given that the Department of the Interior proposes minor changes to two systems of records managed by the Bureau of Reclamation (Reclamation). These changes are to the systems of records:

“Claims, WBR-5”
“Acreage Limitation, WBR-31”

The above notices are published in their entirety below.

DATES: These actions are effective March 17, 1999.

FOR FURTHER INFORMATION CONTACT:  For information regarding “Claims, BOR-5” contact Ms. Debra Lange, Property and Office Services, Policy and Systems Team at (303) 445-2030, or for information regarding “Acreage Limitation, BOR-31” contact Mr. Richard Rizzi, Reclamation Law, Contracts, and Repayment Office at (303) 445-2900. For general information regarding Reclamation's Privacy Act program, call Mr. Casey Snyder at (303) 445-2048.

SUPPLEMENTARY INFORMATION: Recent Privacy Act Compilations list the following systems of records with a prefix of “Reclamation” (e.g., Reclamation-5). When originally published in the Federal Register these systems of records were identified with an organization prefix of “WBR” (e.g., WBR-5). The content of the systems of records is the same; the prefixes on these systems were changed to reflect organizational changes.

The system of records notices being revised and the reason for revision are listed below:

Claims, WBR-5, previously published in the Federal Register on September 27, 1984 (49 FR 38195). This publication revises the system location and the system manager's title and address. Federal Government organization titles have been updated and other minor editorial changes made.

Acreage Limitation, WBR-31, previously published in the Federal Register on March 9, 1994 (59 FR 11085). This publication revises the retention and disposal statement to reflect the revisions to the Acreage Limitation Rules and Regulations, 43 CFR part 426, which became effective January 1, 1998. Specifically, the retention period of the certification and reporting forms (including verification forms) is changed from 3 to 6 years and the Code of Federal Regulations cited is changed from 43 CFR 426.10(h) to 43 CFR 426.19(e). The term “Federal Employer’s Identification Numbers'' is changed to “Taxpayer's Identification Numbers” in the categories of records in the system and the retrievability statements. In addition, the term “Individual Taxpayer’s Identification Numbers” is added to both statements. 

Organization titles have been updated and other minor editorial changes made. All other changes proposed are editorial in nature.

Rayleen Cruz,
Manager, Property and Facilities Group.

INTERIOR/WBR-31

SYSTEM NAME:
Acreage Limitation.

SYSTEM LOCATION:

• (1)  District offices in which subject individuals submitted certification and reporting forms (addresses may be obtained from the applicable regional office); 
• (2)  Regional offices listed in the appendix; and 
• (3)  Bureau of Reclamation, PO Box 25007, Denver, Colorado 80225-0007.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals that directly or indirectly own or lease land that is subject to the acreage limitation provisions of Federal reclamation law, and individuals that operate such land.

Note: Records pertaining to corporate or other commercial entities are also maintained in the system. Only records pertaining to individuals are protected by the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
For owners, lessees, and operators: Names, addresses, and telephone numbers.

For owners and lessees: Taxpayer’s Identification Numbers; Individual Taxpayer’s Identification Numbers; Social Security Numbers; citizenship status; status pursuant to Federal reclamation law; legal descriptions or assessor parcel numbers; deeds; contracts or agreements relative to the transfer of land ownerships, including excess land sales and pertinent details of such sales; signature authorization documents; power-of-attorney documents; irrevocable elections; terms and effective dates of leases; leases; lease/purchase options; trust agreements; partnership agreements; and corporate resolutions.

For farm operators: Farm operating agreements, type of services provided, acreage operated by farm operators, and other pertinent details.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Reclamation Act of 1902, as amended and supplemented (43 U.S.C. 371), especially sections 206, 224(c), 224(g), and 228 of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa).

PURPOSE(S):
The primary purpose of the system is to obtain from landowners and lessees written information on their landholdings that is pertinent to their compliance with the ownership and full-cost pricing provisions of Federal reclamation law.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
The data collected are used by district and Bureau of Reclamation personnel to determine compliance with Federal reclamation law.

Disclosures outside the Department of the Interior may be made pursuant to 43 CFR 2.56 and:   

• (1)  To the U.S. Department of Justice or in a proceeding before a court or adjudicative body 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 necessary to the litigation and is compatible with the purpose for which the records were compiled;  
• (2)  Of information indicating a violation or potential violation of a statute, regulation, rule, order, lease, license, contract, grant, or other agreement to appropriate Federal, State, tribal, territorial, local, or foreign agencies responsible for investigating or prosecuting the violation of, or for enforcing, implementing, or administering a statute, regulation, rule, order, lease, license, contract, grant, or other agreement; 
• (3)  To a congressional office from the record of an individual in response to an inquiry the individual has made to the congressional office; 
• (4)  To non-Federal auditors under contract with the Department of the Interior to perform audits relating to the acreage limitation program; 
• (5)  To the Internal Revenue Service for the purpose of reporting the existence of “illegal Federal irrigation subsidies” as defined by Section 90 of the Internal Revenue Code; and 
• (6)  To financial institutions for the purpose of acquiring information needed by the lender to complete the certification and reporting requirements of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa) for involuntarily acquired irrigable or irrigation land; and
• (7)  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)  Reclamation 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 Reclamation 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 Reclamation’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. 
• (8) To another Federal agency or Federal entity, when DOI determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in:
  • (a) Responding to a suspected or confirmed breach; or
  • (b) 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES: 
Disclosure pursuant to 5 U.S.C. 552 a(b)(12). Disclosures may be made from this system to consumer reporting agencies as defined in the Fair Credit Reporting Act [15 U.S.C. 1681a(f)] or the Federal Claims Collection Act of 1966 [31 U.S.C. 3701(a)(3)].

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 and, where automated, on magnetic media.

RETRIEVABILITY:
Manual records are retrieved by district and/or landholder name, by assessor parcel number, by excess land sale number, and/or by acreage limitation topic (e.g., trusts, farm operators, etc.). Automated records are retrieved by district identification number; sale number; landholder name; operator name; Social Security Number (if available); Taxpayer’s Identification Number; Individual Taxpayer's Identification Number; telephone number; address; and/or identifying property characteristics, such as an assessor's parcel number.

SAFEGUARDS:
Records are maintained with safeguards in accordance with requirements of 43 CFR 2.51 for manual and computer records, and 43 CFR 2.52 for conduct of employees handling records subject to the Act.

RETENTION AND DISPOSAL:
Certification and reporting forms (including verification forms) are retained for 6 years, at a minimum. The most current fully completed certification and reporting forms are maintained on file with the most current verification form, in accordance with 43 CFR 426.19(e). All other records are retained in compliance with Bureau of Reclamation retention schedules that have been approved by the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
Manager, Reclamation Law, Contracts, and Repayment Office, Bureau of Reclamation, Denver Federal Center, PO Box 25007, Denver, Colorado 80225-0007.

NOTIFICATION PROCEDURE:
For inquiries regarding the existence of their own certification and reporting forms, individuals should contact the districts in which they have filed forms. For requests for access to other records in the system, individuals may send a written request to the appropriate office listed under “System Location.” If you are unable to determine which office has the records, you may address your inquiry to the nearest Reclamation office listed in the appendix, or to the System Manager. Requests for notification of the existence of records shall be in writing, signed by the requester, and in compliance with the content requirements of 43 CFR 2.60.

RECORDS ACCESS PROCEDURES:
For requests for access to their own certification and reporting forms, individuals may contact the district(s) in which they have filed forms. For requests for access to other records in the system, individuals may send a written request to the appropriate office listed under “System Location.” If you are unable to determine which office has the records, you may address your inquiry to the nearest Reclamation office listed in the appendix, or to the System Manager. Requests for access to records shall be in writing, signed by the requester, and in compliance with the content requirements of 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:
For requests for amendment of their own certification and reporting forms, individuals shall contact the district(s) in which they have filed forms. For request for amendment of other records in this system, individuals may send a written request to the appropriate office listed under “System Location.” If you are unable to determine which office has the records, you may address your inquiry to the nearest Reclamation office listed in the appendix, or to the System Manager. Requests for amendment of records shall be in writing, signed by the requester, and in compliance with the content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
Individuals on whom records are maintained, certain Federal agencies, State and local governmental units, and land appraisers.