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SMCRA Litigation Tracking System



   #.. INTERIOR/SOL-5

   #....System name: SMCRA Litigation Tracking System (LTS)--Interior,
      Office of the Solicitor-5.

     System location:
       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:
     Storage:
       Maintained on computer usable media.
     Retrievability:
       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.
     Safeguards:
       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.
     Notification procedure:
       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.