64 FR 13234
(3/17/99)
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.
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.