Litigation, Appeal, and Case Files
#....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, NW, Washington, DC 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
of 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
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.
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, DC 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
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,
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).