SMCRA Litigation Tracking System
#....System name: SMCRA Litigation Tracking System (LTS)--Interior,
Office of the Solicitor-5.
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.
Disclosure to consumer reporting agencies:
Disclosures 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:
Maintained on computer usable media.
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.
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. NC1-48-77-1; item number H11.
System manager(s) 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.
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.