FIA Data Confidentiality and Agreements for the Forest Inventory of Interior Alaska John Chase USFS PNW RMA Forest Inventory and Analysis December 1, 2016 Fairbanks, Alaska

Overview Mission Data confidentiality MOU Agreements

Mission Safely survey all forested lands in Interior AK not currently part of the FIA Coastal AK inventory. Build capacity and establish long-term, mutually beneficial collaborative relationships with critical partners. Compile and publish high quality forest inventory data. Conduct and disseminate policy and issue relevant science.

Plot Locations and Confidentiality law FIA staff and approved agents and contractors are bound by the FOOD SECURITY ACT OF 1985 - Public Law 99-198, 99 Stat. 1657, Dec. 23, 1985[As Amended Through Public Law 106-580, Dec. 31, 2000]. US Code - Section 2276: Confidentiality of information FIA plot location and owner is protected similar to US Census data. Why?? To comply with the above federal privacy legislation. To ensure continued access to plot locations. To preserve the integrity of the plot and sample.

§ 2276. Confidentiality of information (Privacy Amendment) (a) Authorized disclosure In the case of information furnished under a provision of law referred to in subsection (d) of this section, neither the secretary of Agriculture, any other officer or employee of the Department of Agriculture or agency thereof, nor any other person may- (1) use such information for a purpose other than the development or reporting of aggregate data in a manner such that the identity of the person who supplied such information is not discernible and is not material to the intended uses of such information; or (2) disclose such information to the public, unless such information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information. (b) Duty of Secretary; immunity from disclosure; necessary consent (1) In carrying out a provision of law referred to in subsection (d) of this section, no department, agency, officer, or employee of the Federal Government, other than the Secretary of Agriculture shall require a person to furnish a copy of statistical information provided to the Department of Agriculture. (2) A copy of such information- (A) shall be immune from mandatory disclosure of any type, including legal process; and (B) shall not, without the consent of such person, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (c) Violations; penalties Any person who shall publish, cause to be published, or otherwise publicly release information collected pursuant to a provision of law referred to in subsection (d) of this section, in any manner or for any purpose prohibited in section1 (a) of this section, shall be or fined not more than $10,000 or imprisoned for not more than 1 year, or both.

Essentially… the FOOD SECURITY ACT OF 1985 PUBLIC LAW 99-198 [H.R. 2100]; (December 23, 1985) As amended by: the Privacy Amendment: H.R.3423 Department of the Interior and Related Agencies Appropriations Act, 2000 (November 17, 1999) Declares that: FIA plot location and ownership information Shall be immune from mandatory disclosure of any type. Is exempt from FOIA Requests or any other legal action. May only be disclosed or reported on in aggregate form. Sets the following penalty for disclosure…

Again… FIA plot locations are kept confidential (c) Violations; penalties Any person who shall publish, cause to be published, or otherwise publicly release information collected pursuant to a provision of law referred to in subsection (d) of this section, in any manner or for any purpose prohibited in section1 (a) of this section, shall be… fined not more than $10,000 or imprisoned for not more than 1 year, or both. Again… FIA plot locations are kept confidential To ensure continued access to plot locations. To preserve the integrity of the plot and sample. To comply with the above federal privacy legislation, and to avoid up to $10K and/or 1 yr. in federal prison!!

However… FIA is able to establish mutually beneficial agreements with partners for collaboration and to share confidential plot data with a designated “FIA Agent”. Usually data sharing is facilitated with a MOU or MU (Memorandum of Understanding). Once a MOU agreement is in place, FIA can designate a “FIA Liaison” within the partner organization to coordinate transfer and management of confidential data.

Who can become an FIA Agent? A group, agency or organization who does work that: Is assigned by or done in collaborative nature with FIA. Advances or enhances the FIA mission. Is consistent and compatible with current and future FIA direction (Strategic Plan). Delivers products which provide mission solutions now and in the immediate future. Is doing a project which requires detailed information.

The MOU is the master agreement that establishes the framework for the collaboration… Purpose of the partnership. Mutual benefits and interests. USFS and collaborator shall and shall not. Confidential data provisions. Special provisions and authorizations. Principle contacts and approvals. Timelines, modifications and termination. Signed by USFS Research Station Director and collaborator’s authorized representative.

* National MOU agreement between USFS FIA and USDI NPS…

Additional required documentation references the agreement… 1) NON- Disclosure Agreement (NDA) - Specific to each individual participant. 2) Data Security Plan (DSP) - Site specific to each location where confidential FIA data is housed.

1) Non-Disclosure Agreement (NDA) Refers to the MOU and is signed by an approved FIA liaison, data steward, contractor, field crew staff, pilot, boat captain, mule skinner, etc. Anyone who will interact with the confidential data. Lists specific terms, conditions, dates, and penalties associated with handling and disclosure of protected information. Signed by the individual participant and the FIA program manager.

NDA…

2) Data Security Plan References the specific site and situation where data will be housed. Describes how data will be securely stored. Preferably off-line and network disconnected. Access available only to authorized personnel with NDA’s in place. In a physically secure and limited access environment.

DSP…

Confidential FIA Database MOU Agreement Organizational Structure Local Site/Office Unit District or Park Org./Agent NPS or BLM MOU Agreement Authorized Rep. FIA Liason NDA Data Steward 1 NDA Data Steward 2 NDA Data Security Plan Confidential FIA Database

Data Sharing FIA will provide necessary info to collaborator prior to field season by agreed date. Data will be provided for upcoming FIA inventory unit(s) depending on needs and availability. Reviewed attributes will be returned by collaborator to FIA by agreed upon pre-season date. Permission and or permits for access formalized. Communication will remain constant for safety and logistics during field operations.

More Information FIA Data Request/Security Contacts Privacy Policy http://www.fia.fs.fed.us/tools-data/spatial/requests/index.php Privacy Policy http://www.fia.fs.fed.us/tools-data/spatial/Policy/index.php Confidentiality Law http://codes.lp.findlaw.com/uscode/7/55/2276 Land Manager Info http://www.fs.fed.us/pnw/rma/fia-topics/data-collection/dc-topics/landowners.php