Privacy Act of 1974, As Amended; Addition of a New System of Records, 43899-43900 [05-14949]

Agencies

• Office of the Secretary
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Pages 43899-43900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14949]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary


Privacy Act of 1974, As Amended; Addition of a New System of 
Records

AGENCY: Office of the Secretary, U.S. Department of the Interior.

ACTION: Proposed addition of a new system of records.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary, Department of the Interior is 
issuing public notice of its intent to add a new Privacy Act system of 
records to its inventory of records systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a). This action is necessary to meet the 
requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of records systems maintained by 
the agency (5 U.S.C. 552a(e)(4)). The new system of records is called 
the Box Index Search System (BISS)--Interior, OS-3.

EFFECTIVE DATE: 5 U.S.C. 552a (e) (11) requires that the public be 
provided a 30-day period in which to comment on the agency's intended 
use of the information in the system of records. The Office of 
Management and Budget, in its Circular A-130, requires an additional 
10-day period (for a total of 40 days) in which to make these comments. 
Any persons interested in commenting on this proposed amendment may do 
so by submitting comments in writing to the Department of the Interior, 
Office of the Secretary Privacy Act Officer, Sue Ellen Sloca, U.S. 
Department of the Interior, Mail Stop (MS)-1413, Main Interior Building 
(MIB), 1849 C Street, NW., Washington, DC 20240. Comments received 
within 40 days of publication in the Federal Register will be 
considered. The system will be effective as proposed at the end of the 
comment period unless comments are received which would require a 
contrary determination. The Department will publish a revised notice if 
changes are made based upon a review of comments received.

FOR FURTHER INFORMATION CONTACT: For information on the BISS--Interior, 
OS-3, please contact Ethel Abeita, Director, Office of Trust Records, 
4400 Masthead NE, Albuquerque, NM, 87109, (505) 816-1600.

SUPPLEMENTARY INFORMATION: The purpose of the Box Index Search System 
(BISS) is to create a file-level listing of the contents of boxes of 
inactive records as a quick finding aid when records are retired, and 
to provide authorized parties with a tool to search all inactive 
records at the file-level that are stored at the American Indian 
Records Repository (AIRR) in Lenexa, KS. The BISS will provide an 
enhanced research capability over the existing paper Standard Form 
135s, and other multiple partial inventory databases that currently 
exist. This improvement will enable DOI to centrally manage access to 
records and allow BIA and OST staff direct access to information about 
records that have been retired.

    Dated: July 25, 2005.
Robert McKenna,
Chief Information Officer, Office of the Special Trustee for American 
Indians.
INTERIOR/OS-3

System name:
    Box Index Search System (BISS)--Interior, OS-3.

System location:
    This system is located in the Office of the Chief Information 
Officer, Office of the Special Trustee for American Indians (OST), 4400 
Masthead NE, Albuquerque, NM. Information contained in the system will 
be made available electronically to OST offices in Albuquerque, NM; at 
the American Indian Records Repository (AIRR) in Lenexa, KS; and at OST 
and Bureau of Indian Affairs (BIA) field offices.

Categories of individuals covered by the system:
    Individuals whose names and other identifying information appear in 
file folders from inactive BIA and OST records being retired to the 
American Indian Records Repository. Future information may include 
individual Indian-related financial records from other Departmental 
bureaus or offices.

Categories of records in the system:
    The system consists of (1) Indices bearing the names of the 
individuals and/or any other identifiers that were included on the file 
folder label created by the originating office; (2) the type of records 
in the folder: (3) where the records originated; (4) date ranges of the 
information; (5) records management information; and (6) miscellaneous 
information associated with the storage box. It is noted that this 
system does not maintain the contents of the administrative or program 
file folder. Its purpose is to identify folders in boxes and provide 
brief summaries of the

[[Page 43900]]

document types in file folders for financial records only.

Authority for maintenance of the system:
    This system of records is maintained under the authority 44 U.S.C. 
3101; 44 U.S.C. 3102; and 5 U.S.C. 301.

Routine uses of records maintained in the system, including categories 
of users and purposes of such uses:
    The system's main purposes are to: (1) Create a file level listing 
of the contents of boxes containing inactive records as a quick finding 
aid, complementing the Standard Form 135 Records Transmittal and 
Receipt created when records are retired; and (2) provide authorized 
parties with a tool to search a file level index of all inactive 
records stored at the American Indian Records Repository (AIRR) in 
Lenexa, KS.

Disclosures outside the DOI may be made to:
    (1) Indian Tribal account holders or their heirs, if deceased; (2) 
contractors who service and maintain the system for the Department; (3) 
an expert, consultant, or contractor (including employees of the 
contractor) of DOI that performs, on DOI's behalf, research and other 
services requiring access to these records in order to fulfill the 
purposes for which the underlying documents were created; (4) parties 
authorized to perform searches to locate official files in order to 
fulfill the purposes for which the underlying files were created ; 
(5)(a) any of the following entities or individuals, when the 
circumstances set forth in (b) are met:
    (i) The Department of Justice (DOJ);
    (ii) A court, adjudicative or other administrative body;
    (iii) A party in litigation before a court or adjudicative or 
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 DOI employee acting in his or her official capacity;
    (C) 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;
    (D) 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 purposes for which the records were 
compiled.
    (6) To a congressional office in response to a written inquiry of 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the congressional 
office about the individual.
    (7) To the appropriate Federal agency that is responsible for 
investigating, prosecuting, enforcing, or implementing a statute, rule, 
regulation or order, when we become aware of an indication of a 
violation or potential violation of the statute, rule, regulation or 
order.
    (8) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files, in support of the functions for which the 
records were collected and maintained.
    (9) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2903 and 2904.
    (10) To state and local governments and tribal organizations to 
provide information needed in response to court order, and/or discovery 
purposes related to litigation.

Disclosure to consumer reporting agencies:
    Pursuant to 5 U.S.C. 552a(b)12, records can be disclosed to 
consumer reporting agencies as they are defined in the Fair Credit 
Reporting Act.

Storage:
    Records are stored in electronic media on hard disks, magnetic 
tapes and compact disks and paper media.

Retrievability:
    Information stored in BISS is full text indexed and can be searched 
by any significant textual item (words and/or numbers) or combination 
of textual items as well as by any field in the database.

Access Safeguards:
    Maintained in accordance with the Department of the Interior 
Privacy Act regulations for safeguarding of information (43 CFR 2.51). 
A Privacy Impact Assessment was completed. Management controls and 
Rules of Behavior were developed to ensure security controls.

Retention and disposal:
    Records relating to persons covered by this system are retained in 
accordance with the 16BIAM and other respective bureau/office records 
retention schedules. The system is scheduled for permanent retention.

System manager(s) and address:
    Office of Trust Records, Department of the Interior, 4400 Masthead 
NE., Albuquerque, NM 87109.

Notification procedures:
    An individual requesting notification of the existence of records 
on him or herself in the BISS should address his/her request to the 
System Manager above. The request must be in writing and signed by the 
requester and include his or her mailing address and social security 
number (See 43 CFR 2.60). Note, this system does not maintain the 
contents of the administrative or program file folder that is being 
transferred to the records center, and serves solely as a locator tool.

Records access procedures:
    See procedures above and 43 CFR 2.63.

Contesting record procedures:
    See procedures above and 43 CFR 2.71.

Record source categories:
    Information in this system is obtained from BIA and OST 
administrative and program records. Future record holdings in AIRR may 
include Indian-related financial records from other Departmental 
bureaus or offices.

Exemptions claimed for the system:
    None.

[FR Doc. 05-14949 Filed 7-28-05; 8:45 am]
BILLING CODE 4310-RK-P