Privacy Act of 1974, as Amended; Amendment of an Existing System of Records, 8772-8776 [E7-3371]

Agencies

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

[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Pages 8772-8776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3371]


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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 notices entitled 
Interior BIA-04 ``Indian Land Records,'' published at 48 FR 41098 
(September 13, 1983). BIA proposes to: (1) Update the information on 
the location of the records and the technology used to store and 
retrieve 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 the disclosure of names and mailing addresses of 
owners of trust and restricted lands, among other information, to 
certain statutorily defined categories of persons.
    BIA is accomplishing these changes in part by updating its system 
of records through conversion to a new application, Trust Asset and 
Accounting Management System (TAAMS), which has or will replace several 
BIA legacy systems such as the Land Records Information System (LRIS) 
and 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 an 
additional 10-day period in which

[[Page 8773]]

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 ``Indian 
Land Records, BIA-04'' 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-04: Indian Land 
Records. The purpose of the amendment is to reflect the modernization 
of the title and trust systems with the development of a new electronic 
system for managing Indian assets and land records. TAAMS will replace 
several legacy systems that were used to manage Indian trust assets: 
LRIS, which supports the land title function by providing land title-
related information, such as ownership and encumbrances; and IRMS, 
which 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. TAAMS integrates the two legacy systems to reduce 
duplication of information and support all land title and resource 
management functions. TAAMS provides up-to-date legal and beneficial 
title ownership and encumbrance information for all Indian lands and 
resources, including automated calculation of fractional interests and 
automated chain-of-title processes and information. TAAMS users will be 
allowed to access, create, and modify records in the BIA database for 
land ownership, contracts and leases, and beneficial owners. Until full 
implementation of TAAMS, IRMS and the Royalty Distribution and 
Reporting System (RDRS) will be the official automated systems for 
income allocations. 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 BIA 
in TAAMS), and Social Security Number (Federal Identification number) 
of each Indian land owner;
    (d) The name, address, and Social Security 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 
nonrenewable 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 nonrenewable 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.
    In addition to expanding the information maintained in the system 
of records, changes to existing routine uses are made to better clarify 
instances when the release of information may be made to legal and law 
enforcement entities. Additionally, changes to existing routine uses 
authorize the release of names and mailing addresses of individuals 
owning an interest in trust or restricted land, information on the 
location of the parcel, and the percentage of undivided interest owned 
by each individual, upon written request, to the following statutorily 
defined categories of persons:
    (1) Other owners of interests in trust or restricted lands within 
the same reservation;
    (2) 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
    (3) 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.
    The purpose of these revisions is to enhance the ability of 
individual Indians to realize economic benefit from their land by 
simplifying the leasing or contracting process, and to assist and 
encourage the consolidation of land ownership.
    Changes to the existing system of records, Indian Land Records--
Interior, BIA-04 (September 13, 1983, 48 FR 41098) are summarized here:
    System name: Change name to ``Trust Asset and Accounting Management 
System (TAAMS)--Interior, BIA-04''
* * * * *
    System location: Delete reference to the ``Land Records Improvement 
Program Liaison Office, Bureau of Indian Affairs, 500 Gold Ave., S.W., 
Albuquerque, NM 87103'' and insert the ``Division of Real Estate 
Services, Office of Trust Services.'' Add the three new Regional 
Offices--Anchorage, Alaska; Muskogee, Oklahoma; and Sacramento, 
California. Add a new category of system location for offices of those 
Indian tribal governments that administer realty or title programs 
under Self-Determination or Self-Governance awards.
    Categories of individuals covered by the system: Expand this 
category to include non-Indians who are owners of land held in trust or 
restricted status by the Federal Government and individuals, non-
Indians and Indians, 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.
    Categories of records in the system: Add a description of the 
formats in which records are held. Expand the categories to include 
title and beneficial ownership, resource management classification for 
land, encumbrances on title, the name, address, and Federal tax 
identification number of landowners, persons, and entities with a legal 
instrument approved by the Secretary of the Interior allowing them to 
use the trust or restricted land, or extract resources, the term of the 
legal instrument, and the amount of the trust income collected pursuant 
to the legal instrument.
    Authority for maintenance of this system: Add references to 
additional statutory and regulatory authority.
    Routine uses of records maintained in this system, including 
categories of users and the purposes of such uses: Change the language 
of the internal uses to provide more specificity. Expand

[[Page 8774]]

disclosures outside of DOI to allow access, upon written request, to 
statutorily defined categories of persons of: (1) Names and mailing 
addresses of owners of trust and restricted lands; and (2) information 
on the location of the parcel and the percentage of undivided interest 
owned by each individual.
* * * * *
    Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system:
    Storage: Add specificity on description of manual storage. Add 
electronic storage description to reflect use of TAAMS.
    Retrievability: Add description of who has authorization to 
retrieve records. Revise list of means for retrieving records to 
reflect use of TAAMS.
    Safeguards: Add specific description of safeguards employed for 
paper and electronic records.
    Retention and disposal: Add statement regarding location of paper 
originals, copies and certified copies of Indian land records.
    System manager(s) and address: Update title to reflect new office 
name and a mail stop.
    Notification procedure: Provide more explicit directions on how to 
address a request for information concerning 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 to, or the removal of, any 
specific record contained in the system to ensure the proper office 
receives the request.
    Record source categories: Provide a more specific description of 
the sources of legal records.
    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-04

System name:
    Trust Asset and Accounting Management System (TAAMS)--Interior, 
BIA-04.

System classification:
    None.

System location:
    Land title records documents are stored and used, and the TAAMS 
application is used at the:
    (1) Division of Real Estate Services, Office of Trust Services, 
Bureau of Indian Affairs, 1849 C Street, NW., MS 4513 MIB, Washington, 
DC, 20240;
    (2) Title plants at the following eight regional offices of the 
BIA: Aberdeen, South Dakota; Albuquerque, New Mexico; Anadarko, 
Oklahoma; Anchorage, Alaska; Billings, Montana; Muskogee, Oklahoma; 
Portland, Oregon; and Sacramento, California;
    (3) Central, regional, agency and field offices of the BIA, and
    (4) Offices of those Indian tribal governments that administer 
realty or title programs under Self-Determination or Self-Governance 
awards. (For a listing of specific locations, contact the System 
Manager).

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 Indians, 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.

Categories of records in the system:
    The system of records will be in the following forms or formats: 
Digital, spatial, and electronic data records; hard copy records, 
individually or in files; maps and plats. The system of records will 
include:
    (a) A legal land description, current ownership, probate and 
history of Indian trust lands, 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, Bureau identification number, and Federal 
tax identification number of each Indian land owner;
    (d) The name, address, and Social Security 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 
non-renewable resources from such land;
    (e) The name, address, and 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; and
    (h) The trust income collected and distributed for such permit, 
lease, contract, right-of-way or other legal instrument.

Authority for maintenance of the system:
    25 U.S.C. 5, 12, 163, 392, 415; 25 U.S.C. 2201 et seq.; 25 U.S.C. 
4021 et seq.; 25 CFR 150, 152.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    The purpose of TAAMS is to provide BIA and Indian tribal officials 
nationwide access to trust asset data (including land title records) 
and trust asset management tools. The management tools allow TAAMS 
users to access, create, and modify records in the BIA database for 
land ownership, contracts and leases, and beneficial owners. TAAMS is 
replacing the existing legacy system Land Records Information System 
(LRIS), among other BIA-developed systems. TAAMS interfaces and 
exchanges data with the DOI system TFAS, and is proposed to interface 
with ProTrac. TFAS, which is owned by the Office of the Special Trustee 
for American Indians (OST) through a private contractor, provides TAAMS 
with files containing names, addresses and other personal data on 
individuals who receive payments from OST for natural resources, such 
as gas and oil, produced on their land. TAAMS data are not shared with 
any system outside DOI or its agents.
    DOI, and its agents, including private contractors, and tribes that 
compact, contract, or enter into cooperative agreements with the 
Department use the records to:
    (a) Identify the ownership interests, including the name of Indian 
owners and percentage interest in Indian lands held in trust or 
restricted status;
    (b) Record land conveyance and encumbrance and lien transactions;
    (c) Determine beneficial rights to the land and resources;

[[Page 8775]]

    (d) Appropriately manage trust and restricted land and natural 
resources for the benefit of the Indian landowner;
    (e) Provide land statistics in support of budget and management 
initiatives; and
    (f) Answer beneficiary questions regarding land rights.

Disclosures of these records outside the Department of the Interior 
will be limited to:
    (1) Another Federal agency to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (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.
    (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 DOI 
becomes aware of an indication of a violation or potential violation of 
the statute, rule, regulation, order or license.
    (7) 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, 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.
    (8) 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:
    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 1966 (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: Original title documents, title document copies, 
certified copies, and certifiable copies, are maintained at the Land 
Titles and Records Offices and other Land Titles and Records program 
offices, together with reports and certified reports of title documents 
and of land title and ownership and all transaction documents on files 
in support of the land or title documents.
    Electronic Records: Data extracted from such title documents about 
land owners, ownership, conveyances, encumbrances, valuation and 
income, are maintained on electronic media (e.g., tape, disk, CD Rom 
and other digital or electronic media.)

Retrievability:
    Information may be retrieved primarily by trained individuals 
possessing appropriate access querying the TAAMS database. 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, or census numbers; or (c) identifiers 
linked to encumbrances on ownership such as mortgages and rights-of-
way.

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 the data in those regards may be changed only by personnel with 
approved access. 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 land 
title records files and TAAMS in accordance with the E-Government Act 
of 2002 and OMB requirements for new and amended information systems.

Retention and disposal:
    Records are permanently retained for historical index. Originals, 
copies and certified copies of Indian land records may be located at 
BIA regional and agency offices or at the archives in Lenexa, Kansas. 
The Office of Trust Records is currently working with BIA to prepare a 
schedule for retention and disposal of records in TAAMS.

System manager(s) and address:
    Deputy Director, Office of Trust Services, Bureau of Indian 
Affairs, 1849 C Street, NW., MS 4513 MIB, Washington, DC 20240.

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

[[Page 8776]]

    (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 words ``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:
    If you wish to obtain a copy of any your records 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. You should let us 
know 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 impacted 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 DOI;
    (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, Pub. L. 93-638, 86 Stat. 2203, as amended;
    (d) Courts of competent jurisdiction, including tribal courts; and
    (e) Private, financial and business institutions, and entities.

Exemption claimed for the system:
    None.
 [FR Doc. E7-3371 Filed 2-26-07; 8:45 am]
BILLING CODE 4310-W7-P