INTERIOR/SOL-1, Litigation, Appeal and Case Files

 46 FR 12146 (February 12, 1981); Modification published 86 FR 50156 (September 7, 2021)
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Office of the Secretary
 
Privacy Act of 1974; Revision and Update of Systems of Records
 
This notice updates and revises the information which the Department of the Interior has published describing systems of records maintained which are subject to the requirements of Section 3 of the Privacy Act of 1974, 5 U.S.C. 552a. Except as noted below, all changes being published are editorial in nature, and reflect organization changes and other minor administrative revisions which have occurred since the publication of the material in the Federal Register on April 11,1977 (42 FR 18968), and August 21,1980 (45 FR 55832.).
 
One Bureau of Mines records system titled: Biographical Reference File— Interior, Mines-10 (Published at 42 FR 19049) is no longer maintained as a separate bureau system of records. Mines-10 has been incorporated into a similar Department-wide system of records titled: Biography File—Interior, Office of the Secretary-65. A revised system notice for OS-65 is published in its entirety below.
 
Part III of the Appendix containing addresses of facilities of the Department which pertain to the Office of Hearings and Appeals (published at 45 FR 55832} is updated and republished. The following system notices are updated and republished.
 
The following system notices are updated and republished in their entirety below:
  • 1. System Name: Private Relief Claimants—Interior, Office of the Secretary-12 (Published at 42 FR 19017).
  • 2. System Name: Biography File— Interior, Office of the Secretary-65 (Published at 42 FR 19026).
  • 3. System Name: Freedom of Information Request Files System— Interior, Office of the Secretary-71 (Published at 42 FR 19028).
  • 4. System Name: Trust Territory of the Pacific Islands Employee Records— Interior, Office of the Secretary-95 (Published at 42 FR 19034).
  • 5. System Name: Hearings and Appeals Files—Interior, Office of Hearings and Appeals-1 (Published at 42 FR 19120).
  • 6. System Name: Litigation, Appeal and Case Files—Interior, Office of the Solicitor-1 (Published at 42 FR 19120).
  • 7. System Name: Claims Files— Interior, Office of the Solicitor-2 (Published at 42 FR 19121).
  • 8. System Name: Workload Analysis—Interior, Office of the Solicitor-4 (Published at 42 FR 19122).
Additional information regarding this notice may be obtained from the Department Privacy Act Officer, Office of Information Resources Management, U.S. Department of the Interior, Washington, D.C. 20240, telephone 202- 343-6191.
 
Dated: February 5, 1981.
William L. Kendig,
Deputy Assistant Secretary o f the Interior.
 
INTERIOR/SOL-1
 
SYSTEM NAME:
Litigation, Appeal and Case Files— Interior Office of the Solicitor-1.
 
SYSTEM LOCATION:
  • (1) Office of the Solicitor, U.S. Department of the Interior, 18th and C Streets, N.W., Washington, D C. 20240.
  • (2) All Regional and Field Offices of the Office of the Solicitor. (See Appendix for addresses.)
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals involved in litigation with the United States, or the Department of the Interior, officials or constituent units thereof; individuals involved in administrative proceedings before the Department, to which the Department is a party or in which it has an interest; individuals suspected of violations of criminal and civil statutes or regulations or orders the violation of which carries criminal penalties; individuals who have applied to the Department for permits, grants or loans; individuals who have appealed to the Office o the Solicitor from the decisions of other constituent units of the Department; individuals involved in negotiations, claims or disputes with the Department; individuals for whom the Department has performed legal services.
 
CATEGORIES OF RECORDS IN THE SYSTEM:
Investigatory reports, opinions and memoranda of law, pleadings, motions, depositions, rulings, and other records necessary to the provisions of legal services.
 
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
43 U.S.C, 1455.
 
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 provide legal services to the Department of the Interior. Disclosures outside the Department of the Interior may be made
  • (1) To another Federal agency or a State or local government having a subject matter interest in the records;
  • (2) To an individual or entity aligned with the United States or the Department of the Interior or any official or constituent unit thereof as a plaintiff, petitioner, defendant or respondent in any judicial or administrative proceedings;
  • (3) To a court, magistrate or administrative tribunal in the course of presenting evidence thereto, or to opposing counsel in the course of settlement negotiations;
  • (4) To the U.S. Department of Justice when related to litigation or anticipated litigation;
  • (5) 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.
  • (6) 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 case or individual name.
 
SAFEGUARDS:
Maintained with safeguards meeting the requirement of 43 CFR 2.51 for manual records.
 
RETENTION AND DISPOSAL:
Subject to approved disposal schedule.
 
SYSTEM MANAGER(S) AND ADDRESS:
Director of Administration, Office of the Solicitor, U.S. Department of the Interior, 18th and C Streets, NW., Washington, D.C. 20240.
 
NOTIFICATION PROCEDURE:
Inquiries regarding the existence of records shall be addressed to the System Manager or, with respect to the office for which he is responsible, a Regional or Field Solicitor. A written, signed request stating that the requester seeks information concerning records  pertaining to him is required. See 43 CFR 2.60
 
RECORD ACCESS PROCEDURES:
A request for access shall be addressed to the System Manager or, with respect to the office for which he is responsible, a Regional or Field Solicitor. The request must be in writing and be signed by the requester. The request must meet the content requirements of 43 CFR 2.63.
 
CONTESTING RECORD PROCEDURES:
A petition for amendment shall be addressed to the System Manager and must meet the content requirements of 43 CFR 2.71.
 
RECORD SOURCE CATEGORIES:
Individuals listed above under “Categories of individuals covered by the system”, bureaus and offices of the Department, other Federal agencies, courts, administrative tribunals.
 
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
  • (1) The Privacy Act does not entitle an individual to access to information compiled in anticipation of a civil action or proceeding.
  • (2) Under the specific exemption authority provided by 5 U.S.C. 552a(k)(2), the Department of the Interior has adopted a regulation, 43 CFR 2.79(b), which exempts this system (to the extent that it consists of investigatory material compiled for law enforcement purposes) from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) and portions of 43 CFR, Part 2, Subpart C which implement these provisions. The reasons for adoption of this regulation are set out at 40 FR 37217 (August 26, 1975).

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