INTERIOR/WBR-5, Claims

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-5

SYSTEM NAME:
Claims.

SYSTEM LOCATION:
Commissioner’s Office, Reclamation Service Center, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower Colorado, Upper Colorado, and Great Plains. See appendix for addresses.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have filed tort, employee, or appropriation act claims, and claims under the Teton Dam Disaster Assistance Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
Records include claims and supporting documents submitted, information developed during investigations of claims, and final disposition.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Tort Claims Act, 28 U.S.C. 2671-2680; Military Personnel and Civilian Employees’ Claims Act, 31 U.S.C. 3701, 3721; Public Works for Water and Power Development and Energy Research Appropriation Act, 1977, Pub. L. 94-355, 90 Stat. 889; Teton Dam Disaster Assistance Act, Pub. L. 94-400, 90 Stat. 1211; Supplemental Appropriation Act, 1977, Pub. L. 94-438, 90 Stat. 1415; and annual Energy and Water Development Appropriation Acts.

PURPOSE(S):
For settlement of damages relating to tort and non-tortious claims and for loss or damage to employee's personal property resulting from activities of Reclamation. Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

The primary uses of the records are to establish the facts and circumstances of each claim, compile statistical data, and evaluate claims. Disclosures outside the Department of the Interior may be made: 

• (1)  To the Department of Justice when related to litigation or anticipated litigation; 
• (2)  Of information indicating a violation or potential violation of a statute, regulation, rule, order, or license to appropriate Federal, State, local, or foreign agencies responsible for investigating or prosecuting the violation or for enforcing or implementing the statute, rule, regulation, order, or license; 
• (3)  From the record of an individual in response to an inquiry from a congressional office made at the request of that individual; 
• (4) Where relevant or necessary to the hiring or retention of an employee, or the issuance of a security clearance, license, contract, grant, or other benefit, information may be disclosed: 
  • (a)  To a Federal agency that has requested the information, or 
  • (b)  To a Federal, State, or local agency to enable the Department of the Interior to obtain information from such agency; 
• (5)  To the Soil Conservation Service, and Farm Service Agency of the Department of Agriculture (USDA); Federal Emergency Management Agency, Army Corps of Engineers, and Department of Housing and Urban Development to assure that benefits to claimants have not been duplicated by the several agencies involved in disaster programs; 
• (6)  To the Department of Treasury, Internal Revenue Service, and State revenue and taxation departments relative to compensation for loss of salary or income; 
• (7) To the Small Business Administration, Farm Service Agency, and Department of Housing and Urban Development regarding loans secured through those agencies; 
• (8)  To General Services Administration (GSA) to document problems with GSA contract movers which result in claims against Reclamation; and
• (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)  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.
• (10) 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:
Maintained in manual form in file folders.

RETRIEVABILITY:
By claimant’s name.

SAFEGUARDS:
Records are maintained with safeguards in accordance with the requirements of 43 CFR 2.51 for manual records.

RETENTION AND DISPOSAL:
In accordance with approved retention and disposal schedules.

SYSTEM MANAGER(S) AND ADDRESS:
Claims Officers in the Reclamation Service Center, Commissioner’s Office, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower Colorado, Upper Colorado, and Great Plains. See appendix for addresses.

NOTIFICATION PROCEDURE:
Inquiries regarding the existence of a record(s) should be addressed to the System Manager at the appropriate address listed in the appendix. See 43 CFR 2.60.

RECORD ACCESS PROCEDURES:
Same as Notification above. See 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:
Written petitions for amendment should be sent to the System Manager at the appropriate address listed in the appendix. See 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
Claimants. Investigations conducted by Reclamation officials and contractors, officials of the Department of the Interior, and State and local governments.