Privacy Act of 1974, as Amended; Amendment of an Existing System of Records, 8769-8772 [E7-3369]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Pages 8769-8772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3369]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Privacy Act of 1974, as Amended; Amendment of an Existing System 
of Records

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed amendment of an existing system of records.

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SUMMARY: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the 
Bureau of Indian Affairs (BIA) is issuing public notice of our intent 
to change an existing Privacy Act system of records notice entitled 
Interior BIA-25 ``Integrated Records Management System (IRMS),'' 
published at 45 FR 45381 (July 3, 1980). BIA proposes to: (1) Update 
the information on the location of the records; (2) identify new 
information that will be included in the system of records; (3) clearly 
state the current routine uses of the records by organizations and 
individuals outside of the Department of the Interior (DOI); and (4) 
expand the routine uses of such information to include disclosures to 
Federal, state, or local agencies regarding the reporting of an 
investigation of an employee. BIA is accomplishing these changes in 
part by updating its system of records through conversion to the new 
application, Trust Asset and Accounting Management System (TAAMS), 
which has replaced the Land Records Information System (LRIS) and will 
replace the Integrated Records Management System (IRMS).

DATES: The proposed new system of records will become effective without 
further notice on April 9, 2007, unless comments received result in a 
contrary determination. Under 5 U.S.C. 552a(e)(11), the public is 
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 (OMB), in its Circular A-130, requires

[[Page 8770]]

an additional 10-day period in which the OMB may comment (for a total 
of 40 days in which to make these comments). BIA will publish a notice 
if changes are made based on review of comments received.

ADDRESSES: Any persons interested in commenting on this proposed 
amendment may do so by submitting comments in writing to the Deputy 
Director, Office of Trust Services, Bureau of Indian Affairs, 1849 C 
Street, NW., MS 4513--MIB, Washington, DC 20240, or fax to (202) 208-
2549.

FOR FURTHER INFORMATION CONTACT: For information regarding ``Integrated 
Records Management System (IRMS), BIA-25,'' contact Arch Wells, Deputy 
Director, Office of Trust Services, Bureau of Indian Affairs, 1849 C 
Street, NW., MS 4513--MIB, Washington, DC 20240 at (202) 208-5831.

SUPPLEMENTARY INFORMATION: This notice is published pursuant to the 
Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of 
authority delegated by the Secretary of the Interior to the Principal 
Deputy Assistant Secretary--Indian Affairs in 209 DM 8.1. This notice 
amends the Privacy Act System of Records entitled ``BIA-25: Integrated 
Records Management System (IRMS).'' The purpose of the amendment is to 
update the information to reflect the modernization of the title and 
trust systems. IRMS supports the land resource management function and 
contains information on Indians, leases (e.g., pasture, range, timber, 
mineral, and mining leases), land ownership, oil and gas royalties, and 
trust fund accounts. Eventually, this system will be replaced by the 
TAAMS or another successor system. Until the successor system is fully 
implemented, the IRMS and the Royalty Distribution and Reporting System 
(RDRS) will be the official automated systems for income allocations, 
and will continue to interface with the Trust Fund Accounting System 
(TFAS). TAAMS, IRMS, and RDRS will include:
    (a) A legal land description, chain-of-title history, current 
ownership, including title and beneficial ownership, and resource 
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) The name, address, BIA identification number (assigned by the 
BIA in TAAMS), and Social Security (Federal tax identification) number 
of each Indian land owner;
    (d) The name, address, and Social Security (Federal tax 
identification) number of each person who has a permit, lease, 
contract, right-of-way or other legal instrument approved by the 
Secretary of the Interior that allows such person to use the trust or 
restricted land, or to extract renewable or non-renewable resources 
from such land;
    (e) The name, address, 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 non-renewable resources from such land;
    (f) The term of the permit, lease, contract, right-of-way or other 
legal instrument; and
    (g) The trust income collected and distributed for such permit, 
lease, contract, right-of-way or other legal instrument.
    Changes to the existing system of records, Integrated Resource 
Management System--Interior, BIA-25 (July 3, 1980, 45 FR 45381) are 
summarized here:
* * * * *
    System location: Delete ``Division of Systems Operation, Bureau of 
Indian Affairs, 500 Gold Ave., SW., Albuquerque, New Mexico 87103'' and 
replace with ``Office of Information Operations, Bureau of Indian 
Affairs, 625 Herndon Parkway, Herndon, VA 20170'' to reflect new 
location. Add Indian tribal governments that administer realty programs 
under Self-Determination or Self-Governance awards as a location.
    Categories of individuals covered by the system: Add references to 
Indian lands held in restricted status; delete reference to holders of 
assigned interests.
    Categories of records in the system: Delete reference to dower and 
life estate interests. Add current income allocation interests.
* * * * *
    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses:
    Add that disclosures may be made to other Federal, state, or local 
agencies regarding the reporting of an investigation of an employee.
    Disclosure to consumer reporting agencies: Add a section describing 
when records will be disclosed to consumer reporting agencies.
    Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system:
* * * * *
    Safeguards: Add specific description of safeguards employed for 
paper and electronic records.
* * * * *
    Retention and Disposal: Delete reference to information being 
erased as new information is added.
    System manager(s) and address: Update identification of system 
manager and contact information.
    Notification procedure: Provide more explicit directions on how to 
address a request for information on whether the system contains 
information about you to ensure the proper office receives the request.
    Record access procedure: Provide more explicit directions on how to 
address a request for copies of records in the system to ensure the 
proper office receives the request.
    Contesting record procedure: Provide more explicit directions on 
how to address a request for corrections or the removal of any specific 
record contained in the system to ensure the proper office receives the 
request.
    Record source categories: Add more detailed description of record 
source categories.
* * * * *
    A copy of the notice, with changes incorporated, is attached.

    Dated: February 7, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.
INTERIOR/BIA-25

System name:
    Integrated Records Management System.

System classification:
    None.

System location:
    (1) Office of Information Operations, Bureau of Indian Affairs, 625 
Herndon Parkway, Herndon, VA 20170;
    (2) Central, regional, agency and field offices, BIA schools or 
contractors providing time-share services to BIA;
    (3) Those Indian tribal governments that administer realty programs 
under Self-Determination or Self-Governance awards (for a listing of 
specific locations, contact the Systems Manager).

Categories of individuals covered by the system:
    Individual Indian and Indian tribal entities who are owners of land 
held in trust or restricted status by the Federal Government, 
individuals or groups that are potential or actual lessees of that 
property, and individual Indians who have trust fund accounts.

[[Page 8771]]

Categories of records in the system:
    Land descriptions, current ownership, current income allocation 
interests, information on all types of leases or other land uses 
including grazing, farming, minerals mining, timber and business. 
Information on individuals including name, address, aliases, sex, date 
of birth, tribal membership and blood quantums. General ledgers showing 
deposits and withdrawals from individual Indian money (IIM) accounts.

Authority for maintenance of the system:
    25 U.S.C. 151, 25 U.S.C. 392, 25 U.S.C. 415, and 25 U.S.C. 163.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Integrated Records Management System is a legacy system consisting 
of eight applications.
     People--The ``People'' application maintains information 
on individuals and tribes. This information is used for providing 
information such as an address for use with other applications.
     Per Capita--The ``Per Capita'' application provides the 
means to calculate and generate payments to individuals. The payments 
may be the result of a judgment or tribal per capita distributions.
     Lease--The ``Lease'' application manages the leasing 
function for Indian land.
     Lease Distribution--The ``Lease Distribution'' application 
distributes the income from a lease to the owners of the land.
     Range--The ``Range'' application provides additional 
functionality to manage range leases and permits.
     IIM--The ``Individual Indian Monies'' application provides 
information on the accounts maintained for individuals and shares 
information needed by other IRMS applications. It is no longer used as 
the system of record for individuals. That function is performed by 
TFAS, which updates the IIM application to provide the IRMS 
applications with up-to-date information.
     Owner--The ``Owner'' application manages the ownership of 
Indian land.
     RDRS--The ``Royalty Distribution and Reporting System'' 
(sometimes referred to as ``Oil & Gas'') manages, receives and 
distributes the income derived from oil & gas leases.
    The primary uses of the records are:
    (a) Repository of IIM account information for use by other IRMS 
applications.
    (b) Identification of individual Indians and Indian tribal groups 
with interest in income producing leases or contracts;
    (c) Management of leases on Indian trust and restricted lands, and 
collection and distribution of lease income;
    (d) Invoicing of individual owners or lessees for irrigation;
    (e) Determination of eligibility of individuals to participate in, 
or enjoy benefits from, a tribal group; and
    (f) Maintenance of lists of approved enrollees used to distribute 
funds or income, or as a base to gather demographics or income 
allocation data for planning purposes.

Disclosures of these records outside the Department of the Interior 
will be limited to:
    (1) The tribe, band, pueblo or corporation of which the individual 
to whom a record pertains is a member or a stockholder.
    (2)(a) To 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.
    (3) To a congressional office in response to a written inquiry an 
individual covered by the system has made to the congressional office 
about him or herself or a family member when the individual is the 
guardian.
    (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, in support of the functions for which the 
records were collected and maintained.
    (5) 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.
    (6) The appropriate Federal, state, tribal, or local governmental 
agency that is responsible for investigating, prosecuting, enforcing or 
implementing a statute, rule, regulation, order or license, when the 
Department becomes aware of an indication of a violation or potential 
violation of the statute, rule, regulation, order or license.
    (7) Indian tribes entering into a contract or compacts of real 
estate or title functions under the Indian Self-Determination and 
Education Assistance Act, as amended.

Disclosure to consumer reporting agencies:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12). Under 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. 718a(f)), or the 
Federal Claims Collection Act of 1966, as amended (31 U.S.C. 
3701(a)(3).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Manual Records: Letter files, computer readable media, input forms 
and computer printouts.
    Electronic Records: Magnetic (mag) tape and disk files.

Retrievability:
    (a) Indexed by name, Bureau identification numbers, family numbers 
and tract numbers.
    (b) Retrieved by manual search or computer inquiry.

Safeguards:
    During business hours, paper records are maintained in areas 
accessible only by authorized personnel in a secured office environment 
and comply with the minimum DOI safeguard requirements for maintaining 
Privacy Act system of records under 43 CFR 2.51. Electronic records are 
accessible via a password from terminals located in attended offices 
and only personnel with approved access may change the data. Electronic 
records comply with DOI and National Institute of Standards and 
Technology cyber security requirements. After business hours, buildings 
have security guards and/or secured doors, and all entrances are 
monitored by electronic surveillance equipment. A Privacy Impact 
Assessment is being completed for IRMS in accordance with the E-
Government Act of 2002 and OMB requirements for new and amended 
information systems.

[[Page 8772]]

Retention and disposal:
    Permanent records are retrieved and closed or inactive records are 
transferred to the Federal Records Center in accordance with the 
following schedules: NARA Job  N1-075-03-1 (approved January 
24, 2003) for the IIM application; NARA Job  N1-075-03-04 
(approved February 24, 2004) for the people and per capita 
applications; and NARA Job  N1-075-03-04 for the remaining 
applications.

System manager(s) and address:
    Director, Office of Information Operations, Bureau of Indian 
Affairs, 625 Herndon Parkway, Herndon, VA 20170.

Notification procedure:
    If you wish to determine if the system contains information about 
you, contact the System Manager at the address above. Provide the 
following information with your request:
    (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.
    The request must be in writing and signed by you. To ensure proper 
handling of your request, you should include the notation ``PRIVACY ACT 
INQUIRY'' at the top of the first page of your letter and on the 
envelope in which you mail the letter. For additional information refer 
to 43 CFR 2.60.

Record access procedures:
    Persons who would like to obtain a copy of their records contained 
in the system should contact the System Manager at the address above. 
Provide the following information with your request:
    (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.
    The request must be in writing and signed by you. You should state 
whether you are seeking all of the records about 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 an individual familiar 
with the system to locate them with a reasonable amount of effort. To 
ensure proper handling of your request, you should include the notation 
``PRIVACY ACT REQUEST FOR ACCESS'' at the top of the first page of your 
letter and on the envelope in which you mail the letter. For additional 
information, refer to 43 CFR 2.63.

Contesting record procedures:
    To request corrections or the removal of any specific record 
contained in the system, contact the System Manager at the address 
above. Provide the following information with your request:
    (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.
    The request must be in writing and signed 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, indicating 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. To ensure 
proper handling of your request, you should include the notation 
``PRIVACY ACT REQUEST FOR AMENDMENT'' at the top of the first page of 
your letter and on the envelope in which you mail the letter. For 
additional information, refer to 43 CFR 2.71.

Record source categories:
    (a) BIA, OST, Minerals Management Service, Bureau of Land 
Management, Office of Hearings and Appeals, and other appropriate 
agencies in the Department of the Interior;
    (b) 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, Pub. L. 93-638, 86 Stat. 2203, as amended;
    (d) Courts of competent jurisdiction, including tribal courts.

Exemptions claimed for the system:
    None.
 [FR Doc. E7-3369 Filed 2-26-07; 8:45 am]
BILLING CODE 4310-W7-P