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Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices
I. Background
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[AAK4000000 A0A3A0000.999900
13XA2100DD]
Privacy Act of 1974, as Amended;
Notice To Amend an Existing System
of Records
Bureau of Indian Affairs,
Interior.
ACTION: Notice of amendment to an
existing system of records.
AGENCY:
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Interior is issuing
a public notice of its intent to amend the
Bureau of Indian Affairs Privacy Act
system of records titled, Trust Asset and
Accounting Management System—
Interior, BIA–04. The amendment
would update the system location,
categories of individuals covered,
categories of records, authority for
maintenance, storage, safeguards,
retention and disposal, system manager
and address, notification procedures,
records access and contesting
procedures, records source categories. It
would also update the routine uses to
include activities related to land
consolidation of fractionated lands. The
system provides the Bureau of Indian
Affairs and tribal users access to trust
asset data and trust asset management
tools to create, modify, and maintain
records relating to land ownership,
contracts and leases, and beneficial
owners.
SUMMARY:
Comments must be received by
December 24, 2014. The amendments to
the system will be effective December
24, 2014.
ADDRESSES: Any person interested in
commenting on this notice may do so
by: Submitting comments in writing to
Scott Christenson, Indian Affairs Acting
Privacy Act Officer, 5600 American
Boulevard West, Ste. 500, Bloomington,
Minnesota 55437; hand-delivering
comments to Scott Christenson, Indian
Affairs Acting Privacy Act Officer, 5600
American Boulevard West, Ste. 500,
Bloomington, Minnesota 55437; or
emailing comments to biaprivacy@
bia.gov.
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DATES:
FOR FURTHER INFORMATION CONTACT:
Deputy Bureau Director, Bureau of
Indian Affairs, Office of Trust Services,
U.S. Department of the Interior, 1849 C
Street NW., MS–4620–MIB,
Washington, DC 20240, or by telephone
at 202–208–5831.
SUPPLEMENTARY INFORMATION:
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The Department of the Interior (DOI),
Bureau of Indian Affairs (BIA),
maintains the ‘‘Trust Asset and
Accounting Management System—
Interior, BIA–04,’’ system of records.
The purpose of this system is to provide
BIA and Tribal users access to trust
asset data and trust asset management
tools to create, modify, and maintain
records relating to land ownership,
contracts and leases, and beneficial
owners. The amendments to the system
will include updating the system
location, categories of individuals
covered by the system, categories of
records in the system, authority for
maintenance of the system, storage,
safeguards, retention and disposal,
system manager and address,
notification procedures, records access
and contesting procedures, records
source categories, and updating the
routine uses to include activities related
to land consolidation of fractionated
lands. This system notice was last
published in the Federal Register on
February 27, 2007, 72 FR 8772–8776.
The amendments to the system will
be effective as proposed at the end of
the comment period (the comment
period will end 40 days after the
publication of this notice in the Federal
Register), unless comments are received
which would require a contrary
determination. DOI will publish a
revised notice if changes are made based
upon a review of the comments
received.
II. Privacy Act
The Privacy Act of 1974, as amended
(5 U.S.C. 552a), embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Agencies
collect, maintain, use, and disseminate
individuals’ personal information. The
Privacy Act applies to records about
individuals that are maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency for which
information is retrieved by the name of
an individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual. In
the Privacy Act, an individual is defined
as a U.S. citizen or lawful permanent
resident. As a matter of policy, DOI
extends administrative Privacy Act
protections to all individuals.
Individuals may request access to their
own records that are maintained in a
system of records in the possession or
under the control of DOI by complying
with DOI Privacy Act regulations, 43
CFR part 2.
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The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, the routine uses
that are contained in each system in
order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such records within the
agency. Below is the description of the
Bureau of Indian Affairs, Trust Asset
and Accounting Management System—
Interior, BIA–04, system of records.
In accordance with 5 U.S.C. 552a(r),
DOI has provided a report of this system
of records to the Office of Management
and Budget and to Congress.
III. Public Disclosure
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: November 10, 2014.
Teri Barnett,
DOI Privacy Act Officer.
SYSTEM NAME:
Trust Asset and Accounting
Management System—Interior, BIA–04.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained in office
systems and databases at the Bureau of
Indian Affairs, Office of Trust Services,
U.S. Department of the Interior, 1849 C
Street NW., Washington, DC 20240;
other DOI program offices; BIA regional
and field locations; and at DOI
contractor facilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals, non-Indians and Indians,
and Indian tribal entities who are
owners of land held in trust or restricted
status by the Federal Government.
Individuals, non-Indians and Indian,
Indian tribal entities, private businesses
and financial institutions that have a
permit, lease, contract, right-of-way, or
other legal instrument approved by the
Secretary of the Interior that allows
them to use trust or restricted land, or
to extract resources from the trust or
restricted land.
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Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices
This system may also contain
information regarding DOI and BIA
employees and officials who are acting
in their official capacity to administer
program activities, or who are involved
in land title and resource management
functions.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include: (a) A
legal land description, current
ownership, probate and history of
Indian trust lands, including title and
beneficial ownership, and resources
management, classification for all land
held in trust or restricted status by the
Federal Government for the benefit of
Indian tribes and individual Indians; (b)
any encumbrances against the title to
land; (c) name, address, BIA
identification number, phone number,
information about parents of
landowners for identification purposes,
and Social Security number for each
Indian or non-Indian land owner; (d)
name, address, phone number and
Federal tax identification number of
each person or entity who has a permit,
lease, contract, right-of-way, or other
legal instrument approved by the
Secretary of the Interior that allows such
entity to use the trust or restricted land,
or to extract renewable or nonrenewable resources from such land; (e)
name, address, phone number and
Federal taxpayer identification number
of any company that has a permit, lease,
contract, right-of-way or other legal
instrument approved by the Secretary of
the Interior that allows such company to
use the trust or restricted land or to
extract renewable or nonrenewable
resources from such land; (f) the term of
the permit, lease, contract, right-of-way
or other legal instrument; (g) records
concerning individuals which have
arisen as a result of that individual’s
receipt of overpayment(s) relative to
land disposal, leases, sales and rentals;
(h) the trust income collected and
distributed for such permit, lease,
contract, right-of-way or other legal
instrument; and (i) official
correspondence, appraisals, maps,
purchase offers, and other documents
related to land consolidation efforts or
other program activities that may
include name, address, email address,
phone number, age, date of birth, Social
Security number, Tribal enrollment
number, BIA identification number,
land ownership interests in restricted or
fractioned lands, and other information
related to these program activities.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
25 CFR Part 150, Land records and
title documents; 25 CFR Part 151, Land
Acquisitions; 25 CFR Part 152, Issuance
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of patents in fee, certificates of
competency, removal of restrictions,
and sale of certain Indian lands; 25
U.S.C. 311 (The Act of March 3, 1901),
31 Stat. 1084, Public Law 56–382; 25
U.S.C. 393 (The Act of March 3, 1921),
41 Stat. 1232, Public Law. 66–359; 25
U.S.C. 2201 et. seq. (Indian Land
Consolidation Act), 96 Stat. 2515, Public
Law 97–459; 98 Stat. 3171, Public Law
98–608, Public Law 102–238; 25 U.S.C.
415 as amended by P.L. 112–151
(HEARTH Act of 2012); 43 U.S.C. 1601
(The Alaska Native Claims Settlement
Act), 106 Stat. 2112–2125, Public Law
92–203; 25 U.S.C. 406 and 407 (The Act
of June 25, 1910): 36 Stat. 857; 61–313,
78 Stat. 186–187; 25 U.S.C. 413 (The Act
of February 14, 1920), 41 Stat. 415; 47
Stat. 1417; and 25 U.S.C. 2106 (Indian
Mineral Development Act of 1982): 86
Stat. 1940, Public Law 97–382.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
TAAMS is the system of record for
title and land resource management of
Indian Trust and Restricted Land within
the Department of the Interior (DOI) and
the Bureau of Indian Affairs (BIA).
TAAMS provides DOI and Tribal users
access to trust asset data and trust asset
management tools to create, modify and
maintain records for land ownership,
contracts, leases, and beneficial owners.
TAAMS functionalities include title,
leasing, accounting and reporting
modules to maintain and track land title
documents, contracts, right of way,
revenue distributions, invoicing,
collections, acquisitions, legal details
relating to land transactions, receipt and
distribution of trust funds, title status,
owner inventory, chain of title, and oil
and gas royalty distributions. TAAMS
also supports DOI land consolidation
activities, and provides an interface to
Trust Funds Accounting System
(TFAS), an accounting system used to
meet DOI’s fiduciary trust
responsibilities to manage the receipt,
investment, and disbursement of monies
held in trust for individual Indians,
Alaskan Natives, and Tribes.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DOI as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
(1)(a) To any of the following entities
or individuals, when the circumstances
set forth in paragraph (b) are met:
(i) The U.S. Department of Justice
(DOJ);
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(ii) A court or an adjudicative or other
administrative body;
(iii) A party in litigation before a court
or an adjudicative or other
administrative body; or
(iv) Any DOI employee acting in his
or her individual capacity if DOI or DOJ
has agreed to represent that employee or
pay for private representation of the
employee;
(b) When:
(i) One of the following is a party to
the proceeding or has an interest in the
proceeding:
(A) DOI or any component of DOI;
(B) Any other Federal agency
appearing before the Office of Hearings
and Appeals;
(C) Any DOI employee acting in his or
her official capacity;
(D) Any DOI employee acting in his
or her individual capacity if DOI or DOJ
has agreed to represent that employee or
pay for private representation of the
employee;
(E) The United States, when DOJ
determines that DOI is likely to be
affected by the proceeding; and
(ii) DOI deems the disclosure to be:
(A) Relevant and necessary to the
proceeding; and
(B) Compatible with the purpose for
which the records were compiled.
(2) To a congressional office in
response to a written inquiry that an
individual covered by the system, or the
heir of such individual if the covered
individual is deceased, has made to the
office.
(3) To any criminal, civil, or
regulatory law enforcement authority
(whether Federal, state, territorial, local,
tribal or foreign) when a record, either
alone or in conjunction with other
information, indicates a violation or
potential violation of law—criminal,
civil, or regulatory in nature, and the
disclosure is compatible with the
purpose for which the records were
compiled.
(4) To an official of another Federal
agency to provide information needed
in the performance of official duties
related to reconciling or reconstructing
data files or to enable that agency to
respond to an inquiry by the individual
to whom the record pertains.
(5) To Federal, state, territorial, local,
tribal, or foreign agencies that have
requested information relevant or
necessary to the hiring, firing or
retention of an employee or contractor,
or the issuance of a security clearance,
license, contract, grant or other benefit,
when the disclosure is compatible with
the purpose for which the records were
compiled.
(6) To representatives of the National
Archives and Records Administration to
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Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices
conduct records management
inspections under the authority of 44
U.S.C. 2904 and 2906.
(7) To state, territorial and local
governments, and tribal organizations to
provide information needed in response
to court order and/or discovery
purposes related to litigation, when the
disclosure is compatible with the
purpose for which the records were
compiled.
(8) To an expert, consultant, or
contractor (including employees of the
contractor) of DOI that performs services
requiring access to these records on
DOI’s behalf to carry out the purposes
of the system.
(9) To appropriate agencies, entities,
and persons when:
(a) It is suspected or confirmed that
the security or confidentiality of
information in the system of records has
been compromised; and
(b) The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interest,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by the Department or
another agency or entity) that rely upon
the compromised information; and
(c) The disclosure is made to such
agencies, entities and persons who are
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
(10) To the Office of Management and
Budget during the coordination and
clearance process in connection with
legislative affairs as mandated by OMB
Circular A–19.
(11) To the Department of the
Treasury to recover debts owed to the
United States.
(12) To the news media and the
public, with the approval of the Public
Affairs Officer in consultation with
Counsel and the Senior Agency Official
for Privacy, where there exists a
legitimate public interest in the
disclosure of the information, except to
the extent it is determined that release
of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.
(13) To a consumer reporting agency
if the disclosure requirements of the
Debt Collection Act, as outlined at 31
U.S.C. 3711(e) (1), have been met.
(14) To any of the following entities
or individuals, when the entity or
individual makes a written request for
names or mailing addresses of owners of
any interest in trust or restricted lands,
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and information on the location of the
parcel and the percentage of undivided
interest owned by each individual:
(i) Other owners of interests in trust
or restricted lands within the same
reservation;
(ii) The tribe that exercises
jurisdiction over the land where the
parcel is located or any person who is
eligible for membership in that tribe;
and
(iii) Any person that is leasing, using,
or consolidating, or is applying to lease,
use, or consolidate, such trust or
restricted land or the interest in trust or
restricted lands.
(15) To Indian tribes entering into a
contract or compacts of real estate or
title functions under the Indian SelfDetermination and Education
Assistance Act, as amended.
(16) To Indian tribes (including tribal
employees) that (1) operate, or are
eligible to operate, land consolidation
activities on behalf of the Department of
the Interior (DOI), (2) agree to nondisclosure, and (3) submit a request in
writing, upon a determination by the
Department that such activities shall
occur on the tribe’s reservation and
when the information relates to owners
of fractionated land. Information
disclosed may include but not be
limited to the following:
(a) Contact information;
(b) Relevant personal characteristics
of the owner, including age, tribal
membership, and whether alive or
deceased;
(c) Details regarding the type of
ownership, such as the type of interest
and whether the interest is purchasable;
and
(d) Status information on or about
transactions, such as whether an offer
has been sent, accepted or rejected, and
whether the owner is a willing seller.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
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 1996 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are maintained in file
folders stored in file cabinets, and
electronic records are maintained in
password-protected systems, removable
drives, computer servers, email and
databases, and on media such as
magnetic disk, diskette, compact discs
and computer tapes.
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RETRIEVABILITY:
Records are retrieved using either: (a)
An identifier linked to a parcel; (b) an
identifier for a property interest owner,
such as name, Social Security number,
tribe, tribal enrollment number, or
census number; or (c) identifiers linked
to encumbrances on ownership such as
mortgages and rights-of-way.
SAFEGUARDS:
Records are maintained in accordance
with 43 CFR 2.226 and other applicable
security and privacy policies and
standards. Access to records is provided
on a need-to-know basis only. During
working hours, paper records are
maintained in locked file cabinets under
the control of authorized personnel.
Electronic records are safeguarded by
permissions set to ‘‘Authenticated
Users’’ which requires password login.
The computer servers in which records
are stored are located at a secured
Department of the Interior and
contractor facilities. Access to servers is
granted to authorized personnel with
the requisite security clearance and is
based on business necessity in the
performance of official duties. The
Security Plan addresses the
Department’s Privacy Act safeguard
requirements for Privacy Act systems at
43 CFR 2.226. A Privacy Impact
Assessment was conducted to ensure
that Privacy Act safeguard requirements
are met. The assessment verified that
appropriate controls and safeguards are
in place. Personnel authorized to access
the system must complete all Security,
Privacy, and Records Management
training and sign the Rules of Behavior.
RETENTION AND DISPOSAL:
Paper records are covered by Indian
Affairs Records Schedule records series,
4600, and have been scheduled as
permanent records under National
Archives and Records Administration
(NARA) Job No. N1–075–06–7,
approved March 23, 2006 and NARA
Job No. N1–075–04–4, approved
November 21, 2003. Records are
maintained for a maximum of 5 years or
when no longer needed for current
business operations and then retired to
the American Indian Records
Repository, which is a Federal Records
Center. In accordance with the Indian
Affairs Records Schedule, the
subsequent legal transfer of records to
the National Archives of the United
States will be as jointly agreed to
between the United States Department
of the Interior and the NARA.
Electronic records in this system are
covered by Indian Affairs Records
Schedules records series 2200–TAAMS,
and have been scheduled as permanent
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Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices
records under NARA Job No. N1–075–
09–8, approved on February 13, 2013.
Records are maintained for a maximum
of 2 years or when no longer needed for
current business operations and then
retired to the American Indian Records
Repository.
you that may be maintained by the
system, or only a specific portion of
them. If you are only seeking a portion
of them, you should describe those
records you are seeking with sufficient
detail to enable the records to be located
with a reasonable amount of effort.
SYSTEM MANAGER AND ADDRESS:
CONTESTING RECORDS PROCEDURES:
Deputy Bureau Director, Bureau of
Indian Affairs, Office of Trust Services,
U.S. Department of the Interior, 1849 C
Street NW., MS 4620–MIB, Washington,
DC 20240.
An individual requesting corrections
or the removal of material from his or
her records should send a signed,
written inquiry to the System Manager
at the address identified above. To
ensure proper handling of your request,
the request envelope and letter should
both be clearly marked ‘‘PRIVACY ACT
REQUEST FOR AMENDMENT.’’ A
request for access must meet the
requirements of 43 CFR 2.246 and
include the following information:
(a) Proof of your identity;
(b) List of all of the names by which
you have been known, such as maiden
name or alias;
(c) Your Social Security number;
(d) Mailing address;
(e) Tribe, tribal enrollment or census
number;
(f) BIA home agency; and
(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you.
Before you make such a request, you
must have requested access to your
records and have either inspected them
or obtained copies of them as described
above. You must also identify which
record or portion thereof you are
contesting, indicate why you believe
that it is not accurate, relevant, timely,
or complete, and provide a copy of any
documents in your possession that
support your claim with your letter. You
may also propose specific language to
implement the changes sought.
NOTIFICATION PROCEDURES:
An individual requesting notification
of the existence of records on himself or
herself should send a signed, written
inquiry to the System Manager at the
address identified above. To ensure
proper handling of your request, the
request envelope and letter should both
be clearly marked ‘‘PRIVACY ACT
INQUIRY.’’ A request for notification
must meet the requirements of 43 CFR
2.235 and include the following
information:
(a) Proof of your identity;
(b) List of all of the names by which
you have been known, such as maiden
name or alias;
(c) Your Social Security number;
(d) Mailing address;
(e) Tribe, tribal enrollment or census
number;
(f) BIA home agency; and
(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you.
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RECORDS ACCESS PROCEDURES:
An individual requesting records on
himself or herself should send a signed,
written inquiry to the System Manager
at the address identified above. To
ensure proper handling of your request,
the request envelope and letter should
both be clearly marked ‘‘PRIVACY ACT
REQUEST FOR ACCESS.’’ A request for
access must meet the requirements of 43
CFR 2.238 and include the following
information:
(a) Proof of your identity;
(b) List of all of the names by which
you have been known, such as maiden
name or alias;
(c) Your Social Security number;
(d) Mailing address;
(e) Tribe, tribal enrollment or census
number;
(f) BIA home agency; and
(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you.
Your request should specify whether
you are seeking all of the records about
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Records in the system are obtained
from: (a) DOI Bureaus and Offices
including Bureau of Indian Affairs,
Office of the Special Trustee for
American Indians, Office of Natural
Resources Revenue, Bureau of Land
Management, Office of Hearings and
Appeals, and other Bureaus and Office
programs; (b) other Federal, state and
local agencies; (c) Tribal offices if the
title or realty function is contracted or
compacted under the Indian Self
Determination and Education
Assistance Act, Public Law 93–638; (d)
Courts of competent jurisdiction,
including tribal courts; (e) private,
financial and business institutions, and
entities; and (f) correspondents,
participants, beneficiaries, land owners,
and members of the public.
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2014–27033 Filed 11–13–14; 8:45 am]
BILLING CODE 4334–12–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNMP00000 L13110000.PP0000
15XL1109PF]
Notice of Public Meeting, Pecos
District Resource Advisory Council
Meeting, Lesser Prairie-Chicken
Habitat Preservation Area of Critical
Environmental Concern (LPC ACEC)
Livestock Grazing Subcommittee, New
Mexico
AGENCY:
Bureau of Land Management,
Interior.
ACTION:
Notice of Public Meeting.
In accordance with the
Federal Land Policy and Management
Act and the Federal Advisory
Committee Act, Bureau of Land
Management’s (BLM) Pecos District
Resource Advisory Council’s (RAC)
Lesser Prairie-Chicken (LPC) Habitat
Preservation Area of Critical
Environmental Concerns (ACEC)
Livestock Grazing Subcommittee will
meet as indicated below.
SUMMARY:
The LPC ACEC Subcommittee
will meet on December 11, 2014, at 1:00
p.m. in the Roswell Field Office, 2909
West Second Street, Roswell, NM
88201. The public may send written
comments to the Subcommittee at the
BLM Pecos District Office, 2909 West
2nd Street, Roswell, New Mexico,
88201.
DATES:
FOR FURTHER INFORMATION CONTACT:
RECORD SOURCE CATEGORIES:
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Adam Ortega, Range Management
Specialist, Roswell Field Office, Bureau
of Land Management, 2909 West 2nd
Street, Roswell, New Mexico 88201,
575–627–0204. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8229
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
The 10member Pecos District RAC elected to
create a subcommittee to advise the
Secretary of the Interior, through the
BLM, about possible livestock grazing
within the LPC ACEC. The planned
SUPPLEMENTARY INFORMATION:
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File Type | application/pdf |
File Modified | 2015-12-21 |
File Created | 2015-12-21 |