INTERIOR/WBR-28

64 FR 29876
(6/3/99)


System name:

Real Property and Right-of-Way Acquisitions

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:

(1) Individual landowners from whom the Bureau of Reclamation has purchased or condemned land, exercised reserved right-of-way, or received donation deeds; or (2) from whom the Bureau of Reclamation is in the process of acquiring land or interests therein.

Categories of records in the system:

Contains records concerning acquisition of land or right-of-way, including correspondence, appraisal reports, land descriptions, releases of prior liens, contracts to purchase, agreements between landowners and the Bureau of Reclamation, Notice of Exercise of Right-of-Way, payment data, copies of condemnation actions, and other supporting data required in specific transactions.

Authority for maintenance of the system:

(1) The Reclamation Act of 1902, as amended, and acts supplemental thereto; 43 U.S.C. 371, et seq.; (2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4651, et seq.; and (3) Rights of Way Reserved to United States for Canals and Ditches Act of August 30, 1890, (26 Stat. 391), as amended.

Purpose(s):

The primary uses of the records are to maintain record of ownership of lands and rights-of-way acquired for Reclamation purposes.

Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

Disclosure outside the Department of the Interior may be made (1) to transfer administration of the land for transmission of power, recreation, fish and wildlife activities, and other purposes as required to another Federal agency, State, and local government; (2) to transmit deeds to local County government to record ownership data; (3) to furnish copy of deed to appropriate irrigation district operating the irrigation system to advise right-of-way available in operating the system; (4) to transmit documents to Department of Justice for title opinion; (5) Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains; (6) The Department of Justice, or to a court, adjudicative, or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when: (a) One of the following is a party to the proceeding or has an interest in the proceeding: (i) The Department or any component of the Department; (ii) Any Departmental employee acting in his or her official capacity; (iii) Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or (iv) The United States, when the Department determines that the Department is likely to be affected by the proceeding; and (b) The Department deems the disclosure to be: (i) Relevant and necessary to the proceedings; and (ii) Compatible with the purpose for which we compiled the information; (7) The appropriate Federal, State, tribal, local, or foreign governmental agency that is responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, order, or license, when we become aware of an indication of a violation or potential violation of the statute, rule, regulation, order, or license; (8) A congressional office in response to an inquiry to that office by the individual to whom the records pertains.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage:

Complete file maintained in manual form in file folders.

Retrievability:

By individual's name.

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:

Realty Officers in the Commissioner's Office, Reclamation Service Center, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower Colorado, Upper Colorado, and Great Plains. See appendix for addresses.

Notification procedure:

Written inquiries regarding the existence of record(s) should be sent 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:

Individual landowners, county recorders, and title companies.