#.. INTERIOR/SOL-1
#....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
services.
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
CFR 2.60.
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,
administrative tribunals.
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).