Privacy Act: [JUSTICE/ENRD--001]...

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[2001 Privacy Act]
[From the U.S. Government Printing Office via GPO Access]





   #.DEPARTMENT OF JUSTICE


                Environment and Natural Resources Division

   #..JUSTICE/ENRD--001

   #....System name: 

       Appraisers, Approved Attorneys, Abstractors and Title Companies 
   Files Database System.
     Security classification: 
       Unclassified.
     System location: 
       U.S. Department of Justice, Environment and Natural Resources 
   Division, Land Acquisition Section, 601 Pennsylvania Avenue, NW, 
   Washington, DC 20004.
     Categories of individuals covered by the system: 
       (1) Appraisers who have prepared real property appraisals, whose 
   work has been reviewed by the Appraisal Unit, Environment and Natural 
   Resources Division, in conjunction with anticipated or pending 
   litigation. (2) Attorneys, title abstractors, and title insurance 
   companies that have applied and been deemed qualified to prepare 
   title evidence for land acquisitions by the United States.
     Categories of records in the system: 
       This system includes automated records relating to (1) the 
   qualifications of appraisers who have provided real estate appraisals 
   to the Appraisal Unit, Environment and Natural Resources Division, in 
   conjunction with anticipated or pending litigation; and (2) records 
   relating to title evidence providers, including applications, 
   supporting information, and information relating to qualifications 
   received by the Environment and Natural Resources Division.
     Authority for maintenance of the system: 
       Authority to establish and maintain this system is contained in 
   28 U.S.C. 509 and 510, 28 CFR part O, subpart M, and 40 U.S.C. 257 et 
   seq., which authorize the Attorney General to conduct litigation, 
   particularly proceedings for condemnation of property, and 5 U.S.C. 
   301 and 44 U.S.C. 3101, which authorize the Attorney General to 
   create and maintain federal records of agency activities.
   Purpose(s): 
       (1) Appraisal information is maintained so that an appraiser's 
   credentials, experience, and performance can be referenced and 
   evaluated when the Division seeks an appraiser for work in 
   anticipated or pending litigation. (2) Title evidence information is 
   maintained so that a provider's performance can be referenced when 
   the Division seeks a qualified provider for work being reviewed.
     Routine uses of records maintained in the system, including 
   categories of users and purposes of such uses: 
       (1) Records may be disclosed to the National Archives and Records 
   Administration in records management inspections conducted under the 
   authority of 44 U.S.C. 2904 and 2906.
       (2) Records relating to attorneys, abstractors, or title 
   companies may be disclosed to other Federal agencies to help them 
   hire such professionals.
       Pursuant to subsection (b)(3) of the Privacy Act, the Department 
   of Justice may disclose relevant and necessary information to a 
   former employee of the Department for purposes of: responding to an 
   official inquiry by a federal, state, or local government entity or 
   professional licensing authority, in accordance with applicable 
   Department regulations; or facilitating communications with a former 
   employee that may be necessary for personnel-related or other 
   official purposes where the Department requires information and/or 
   consultation assistance from the former employee regarding a matter 
   within that person's former area of responsibility.
   Disclosure to consumer reporting agencies:
       None.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:  
     Storage: 
       Information is kept on a computer database.
     Retrievability: 
       Information is retrieved by name of the subject, Department of 
   Justice case number, appraisal review number, or land unit number.
     Safeguards: 
       Only employees of the Land Acquisition Section with access to the 
   Division computer system have access to the system of records.
     Retention and disposal: 
       Records are retained during their useful life subject to National 
   Achieves and Records administration record retention schedules.
     System manager(s) and address: 
       Chief, Land Acquisition Section, Environment and Natural 
   Resources Division, U.S. Department of Justice, 601 Pennsylvania 
   Avenue, NW., Washington, DC 20004.
     Notification procedure: 
       Address inquiries to the FOIA/Privacy Act Coordinator; 
   Environment and Natural Resources Division; Policy, Legislation and 
   Special Litigation Section; PO Box 4390; Ben Franklin Station; 
   Washington, DC 20044-4390.
     Record access procedures: 
       Submit in writing all requests for access, and clearly mark the 
   envelope and letter, ``Privacy Act Access Request.'' Include in the 
   request you full name, data and place of birth, case caption, or 
   other information which may assist in locating the records you seek. 
   Also include your notarized signature and a return address. Direct 
   all access requests to the the FOIA/Privacy Act Coordinator; 
   Environment and Natural resources Division; Policy, Legislation and 
   Special Litigation Section; PO Box 4390, Ben Franklin Station, 
   Washington, DC 20044-4390.
     Contesting record procedures: 
       If you wish to contest or amend information maintained in the 
   system, Direct your request to the FOIA/PA Coordinator Stating 
   Clearly and concisely what information is being contested, the 
   reasons for contesting it, and the proposed amendment to the 
   information you seek.
     Record source categories: 
       The record subject is the principal record source. The sources 
   may be supplemented by others having knowledge of the subject's 
   professional qualifications.
     Exemptions claimed for the system:
       None.

   #..JUSTICE/ENRD-003

   #....System name:  Environment and Natural Resources Division Case 
      and Related Files System.

     Security classification:  Unclassified.
     System location:  Environment and Natural Resources Division, U.S. 
   Department of Justice, 950 Pennsylvania Ave., NW, Washington, DC 
   20530; DC offices (601 D Street, NW, Washington, DC 20004; 601 
   Pennsylvania Ave., NW, Washington, DC 20004; 1425 New York Ave., NW, 
   Washington, DC 20005; 801 Pennsylvania Ave., NW, Washington, DC 
   20004); field offices (in Anchorage, AK; Sacramento, CA; San 
   Francisco, CA; Denver, CO; Newton Corner, MA; and Seattle, WA); and 
   Federal Records Center, Suitland, MD 20409.
     Categories of individuals covered by the system:  (a) Individuals 
   being investigated in anticipation of civil or criminal suits; (b) 
   Individuals involved in civil or criminal suits; (c) Defense or 
   plaintiff's counsel(s); (d) Information sources; (e) Individuals 
   relevant to the development of civil or criminal suits, including 
   expert and other witnesses; (f) Individual plaintiffs or defendants; 
   and (g) Attorneys, paralegals, and other employees of the Environment 
   and Natural Resources Division directly involved in these cases or 
   matters.
     Categories of records in the system:  (1) Records in this system 
   are established and maintained for litigation and related activities 
   by the Environment and Natural Resources Division, including, but not 
   limited to, the protection, use and development of natural resources 
   and public lands, wildlife protection, Indian rights and claims, 
   cleanup of hazardous waste sites, acquisition of private property for 
   federal use, prosecution of environmental crimes, enforcement of 
   environmental laws, and defense of environmental challenges to 
   government programs and activities. The case files contain court 
   records (such as briefs, motions, and orders), inter-agency and 
   intra-agency correspondence, legal research, and other related 
   documents. These records may include civil investigatory and/or 
   criminal law enforcement information and information classified 
   pursuant to Executive Order to protect national security interests. 
   (2) Summary information of these cases or matters (such as names of 
   principal parties or subjects, court docket numbers, status, and 
   attorney assignments) is maintained in an automated case management 
   system (CMS). (3) A timekeeping function for attorneys, paralegals, 
   and other employees of the Environment and Natural Resources Division 
   supplements the automated case management system.
     Authority for maintenance of the system:  Authority to establish 
   and maintain this system is contained in 5 U.S.C. 301 and 44 U.S.C. 
   3101, which authorize the Attorney General to create and maintain 
   federal records of agency activities.
   Purpose(s): Case records are maintained to litigate or otherwise 
   resolve civil or criminal cases or matters handled by the Environment 
   and Natural Resources Division. The automated case tracking and 
   timekeeping system are maintained to manage and evaluate the 
   Division's litigation and related activities.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (a) In any case in which there is an indication of a violation or 
   potential violation of law (civil, criminal, or regulatory in 
   nature), the record may be disseminated to the appropriate federal, 
   state, local, tribal, or foreign agency charged with the 
   responsibility of investigating, defending or pursuing such 
   violation, civil or criminal claim or remedy, or charged with 
   enforcing, defending or implementing such law;
       (b) In the course of investigating a potential or actual 
   violation of any law, or during the course of (or in preparation for) 
   a trial or hearing for such a violation, a record may be disseminated 
   to an individual, agency or organization, if there is reason to 
   believe that such individual, agency or organization possesses 
   relevant information relating to the investigation (or trial or 
   hearing) and the dissemination is reasonably necessary to elicit 
   information or to obtain the cooperation of a witness or an agency;
       (c) A record relating to a case or matter may be disseminated in 
   a federal, state, local, or tribal administrative or regulatory 
   proceeding or hearing in accordance with the procedures governing 
   such proceeding or hearing;
       (d) A record relating to a case or matter may be disseminated to 
   an actual or potential party of his or her attorney, or a third party 
   neutral, for the purpose of negotiation or discussion on such matters 
   as settlement of the case or discussion on such matters as settlement 
   of the case or matter, and for formal or informal discovery 
   proceedings;
       (e) A record relating to a case or matter that has been referred 
   by an agency for investigation, civil or criminal action, enforcement 
   or defense, or that involves a case or matter within the jurisdiction 
   of an agency, may be disseminated to such agency to notify the agency 
   of the status of the case or matter, or of any decision or 
   determination that has been made, or to make such other inquiries and 
   reports as are necessary during the processing of the case or matter;
       (f) A record relating to a case or matter may be disseminated to 
   a foreign country, through the United States Department of State or 
   directly to the representative of such country, pursuant to an 
   international treaty or convention entered into and ratified by the 
   United States or to an executive agreement;
       (g) A record may be disseminated to a foreign country, through 
   the Department of Justice Civil Division, United States Department of 
   State, or directly to the representative of such country, to the 
   extent necessary to assist such country in general crime prevention, 
   the pursuit of civil or criminal judicial actions or general civil 
   regulatory or administrative actions, or to provide investigative 
   leads to such country, or assist in the location and/or returning of 
   witnesses and other evidence;
       (h) A record, or facts derived from it, may be disclosed in a 
   grand jury proceeding or in a proceeding before a court or 
   adjudicative body before which the Environment and Natural Resources 
   Division is authorized to appear when the United States, or any of 
   its agencies or subdivisions, is a party to litigation, and the 
   Environment and Natural Resources Division has determined that such 
   records are arguably relevant to the litigation;
       (i) Information permitted to be released to the news media and 
   the public pursuant to 28 CFR 50.2 (Department of Justice regulations 
   setting forth guidelines for disclosure of information to the media) 
   may be made available from this system of records unless it is 
   determined that release of the specific information in the context of 
   a particular case would constitute an unwarranted invasion of 
   personal privacy;
       (j) A record may be disseminated to a federal, state, or local 
   agency, in response to its request, in connection with the hiring or 
   retention of an employee, the issuance of security clearance, the 
   reporting of an investigation of an employee, the letting of a 
   contract, or the issuance of a license, grant, or other benefit by 
   the requesting agency, to the extent that the information relates to 
   the requesting agency's decision on the matter;
       (k) Pursuant to Subsection b(12) of the Privacy Act, records 
   relating to an individual who owes an overdue debt to the United 
   States may be disseminated to a federal agency which employs the 
   individual; a consumer reporting agency; a federal, state, local or 
   foreign agency; or the Internal Revenue Service (IRS);
       (l) Information contained in this system of records may be made 
   available to a Member of Congress or staff acting upon the Member's 
   behalf when the Member or staff requests the information on the 
   behalf of and at the request of the individual who is the subject of 
   the records, even if the information would not otherwise be available 
   under the Freedom of Information Act, 5 U.S.C. 552.
       (m) Records may be disclosed to the National Archives and Records 
   Administration in records management inspections conducted under the 
   authority of 44 U.S.C. 2904 and 2906.
       (n) Information may be released to complainants or victims to the 
   extent necessary to provide such persons with information and 
   explanations concerning the progress or results of the investigation 
   or case arising from their complaint or involvement as a victim.
       (o) Timekeeping records may be disclosed to opposing parties and 
   to courts in litigation regarding litigation costs.
       Pursuant to subsection (b)(3) of the Privacy Act, the Department 
   of Justice may disclose relevant and necessary information to a 
   former employee of the Department for purposes of: responding to an 
   official inquiry by a federal, state, or local government entity or 
   professional licensing authority, in accordance with applicable 
   Department regulations; or facilitating communications with a former 
   employee that may be necessary for personnel-related or other 
   official purposes where the Department requires information and/or 
   consultation assistance from the former employee regarding a matter 
   within that person's former area of responsibility.
   Disclosure to consumer reporting agencies: See Routine Use (k) listed 
   above.
     Policies and practices for storing, retrieving, accessing, 
   retaining and disposing of records of the system:
     Storage: All information, except that specified in this paragraph, 
   is recorded on computer files or basic paper/cardboard material that 
   is stored in file folders, file cabinets, shelves, or safes. Some 
   material is recorded and stored on other data processing storage 
   forms.
     Retrievability:  Information is retrieved primarily by name of the 
   case or person, case number, complaint number or court docket number. 
   Information within this system of records may be accessed by 
   Environment and Natural Resources Division employees by means of the 
   Case Management System (CMS) or successor systems.
     Safeguards:  Information in the system is both confidential and 
   nonconfidential and located in file cabinets in the Environment and 
   Natural Resources Division offices in Washington, D.C., and field 
   office locations. Information also is located in litigation support 
   contract document centers and off-site storage locations. 
   Confidential materials are in locked file drawers and safes, and 
   nonconfidential materials are in unlocked file drawers. Offices are 
   secured by either Federal Protective Service or private building 
   guards. Information that is retrievable by Environment and Natural 
   Resources Division personnel trained to access the Case Management 
   System (CMS) or the time-keeping system or successor systems within 
   various Environment and Natural Resources Division offices is 
   password protected and required access to the Department's secure 
   Justice Consolidated Office Automation Network (JCON).
     Retention and disposal:  Records are retained or disposed of after 
   a case is closed in accordance with a retention and disposal schedule 
   approved by the National Archives and Records Administration. The 

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