INTERIOR/SOL-5, SMCRA Litigation Tracking System (LTS)

54 FR 7485 (February 21, 1989); Modification published 86 FR 50156 (September 7, 2021)
============================================================================================================
 
DEPARTMENT OF THE INTERIOR
 
Office of the Secretary
 
Privacy Act of 1974; Establishment of New Notice of System of Records
 
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 to establish a new notice describing a system of records maintained by the Department’s Office of the Solicitor. The notice is entitled “SMCRA Litigation Tracking System (LTS)—Interior, Office of the Solicitor-5” and describes records on litigation involving individuals and entities responsible for unabated Federal violations or unpaid penalties or fees arising under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The notice is published in its entirety below.
 
As required by Section 3 of the Privacy Act of 1974, as amended (5 U.S.C. 552a(r)), the Office of Management and Budget, the Senate Committee on Governmental Affairs, and the House Committee on Government Operations have been notified of this action.
 
5 U.S.C. 552a(e)(11) requires that the public be provided a 30-day period in which to comment on the intended use of the information in the system of records. The Office of Management and Budget in its Circular A-130 requires a 60-day period to review such proposals. Therefore, written comments on this proposal can be addressed to the Department Privacy Act Officer, Office of the Secretary (PMI), Room 2242, Main Interior Building, U.S. Department of the Interior, Washington, DC 20240. Comments received on or before March 23,1989, will be considered. The notice shall be effective as proposed without further publication at the end of the comment period, unless comments are received which would require a contrary determination.
 
Oscar W. Mueller, Jr.,
Director, Office of Management Improvement.
Date: February 13, 1989.
 
INTERIOR/SOL-5
 
SYSTEM NAME:
SMCRA LITIGATION TRACKING SYSTEM (LTS)—Interior, Office of the Solicitor-5.
 
SYSTEM LOCATION:
Division of Surface Mining, Office of the Solicitor, U.S. Department of the Interior, Washington, DC, and field locations. For specific addresses of field locations contact: Associate Solicitor for Surface Mining, Mail Stop 6411, U.S. Department of the Interior, 18th & C Streets, NW., Washington, DC 20240.
 
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system contains the names of individuals and entities responsible for unabated federal violations, unpaid federal civil penalties, or outstanding abandoned mine land reclamation fees (AML fees) arising under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq. (SMCRA), where the Office of Surface Mining Reclamation and Enforcement (OSMRE) has referred the outstanding violation or debt to the Solicitor’s Office for litigation, and the names of individuals or entities who own or control entities responsible for such unabated federal violations, unpaid federal civil penalties, or outstanding AML fees arising under SMCRA. Although the system of records contains information about individuals and entities, only the records about individuals are subject to the provisions of the Privacy Act.
 
CATEGORIES OF RECORDS IN THE SYSTEM:
  • (1) Case tracking information including individuals and entities associated with the litigation (names, addresses, and other identifiers, if available);
  • (2) Violator information obtained from OSMRE inspection, enforcement, assessment, auditing, and collection records (including OSMRE computer systems);
  • (3) Ownership, control, and financial information on coal mining operations obtained from the aforementioned records, State regulatory authority records. Mine Safety and Health Administration (MSHA) legal identity forms and other MSHA records, State corporation commission or secretary of State records, clerk of court records, company or operator financial reports, and investigative reports provided to OSMRE under contract; and
  • (4) Information on the status of each case (such as complaint filed and judgment entered dates).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq.
 
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: 
  • (a) Allow for tracking, cases through the judicial system;
  • (b) Enable the Solicitor’s Office to assist OSMRE and State regulatory authorities in making decisions to withhold or revoke permits of entities or individuals in violation of SMCRA;
  • (c) Provide statistics by company, region, judicial district, State, and nationwide for management purposes;
  • (d) Provide for case management reports, including reports linking two or more data, bases by any of numerous criteria; and
  • (e) Enable Solicitor’s Office and OSMRE management to effectively monitor their program requirements.
Disclosures outside the Department of the Interior may be made:
  • (1) To the appropriate federal, State, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order when the Department of the Interior becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation;
  • (2) To a Congressional office, upon request, including information from the record of an individual in response to an inquiry the individual has made to the Congressional office;
  • (3) To public interest groups as may be required under SMCRA or the January 31,1985, Revised Order in Save Our Cumberland Mountains, Inc. v. Hodel, No. 81-2134 (D.D.C. 1985);
  • (4) To the U.S. Department of Justice or to a court or other adjudicative body of competent 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 necessary to the litigation and is compatible with the purpose for which the records were compiled;
  • (5) 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:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made to a consumer reporting agency 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:
Maintained on computer usable media
 
RETRIEVABILITY:
Data is retrievable by any of a number of data fields such as assigned index number, company name, individual name, attorney, State, permit number, and violation number.
 
SAFEGUARDS:
Maintained with safeguards meeting the requirements of 43 CFR 2.51 for computerized records.
 
RETENTION AND DISPOSAL:
Data stored on computer-usable media will be retained until it is determined that the data is no longer needed or required. ADP printout records will be disposed of periodically (generally monthly or quarterly) when superseded. Records are retained and disposed of in accordance with Office of the Secretary Comprehensive Records Disposal Schedule No. NCl-48-77-1; item number H11.
 
SYSTEM MANAGER AND ADDRESS:
Associate Solicitor for Surface Mining, Office of the Solicitor, Mail Stop 6411, U.S. Department of the Interior, 18th & C Streets, NW., Washington, DC 20240.
 
NOTIFICATION PROCEDURE:
Persons wanting to determine whether the system maintains information on them should write to the System Manager. See 43 CFR 2.60 for the form of request.
 
RECORD ACCESS PROCEDURES:
Anyone wanting to see their records should write to the System Manager. All requests should describe as specifically as possible the records sought and be marked "Privacy Act Request for Access." See 43 CFR 2.63 for the required content of request.
 
CONTESTING RECORD PROCEDURES:
A petition for amendment should be addressed to the System Manager and must meet the content requirement of 43 CFR 2.71. The petition for amendment must be submitted in writing.
 
RECORD SOURCE CATEGORIES:
  • (1) OSMRE and State coal mining permit files, both manual and automated;
  • (2) OSMRE and State regulatory program files, both manual and automated;
  • (3) MSHA legal identity forms and other records;
  • (4) Individual, operator, and company financial reports;
  • (5) State corporation commission, secretary of State, taxation authorities, municipal, county, and clerk of court records;
  • (6) Individual or company net worth determination reports prepared by, OSMRE contractors;
  • (7) Department of the Interior Solicitor’s Office files;
  • (8) Investigative, reports prepared for litigation;
  • (9) Federal and State court records, including bankruptcy courts; and
  • (10) Department of the Interior Office of Hearings and Appeals records.

Was this page helpful?

Please provide a comment