Privacy Act of 1974, as Amended; Amendment of an Existing System of Records, 40595-40597 [E8-16098]

Download as PDF Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices Total Estimated Burden Hours: 34,653. Status: Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: July 8, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8–16017 Filed 7–14–08; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5141–N–07] Conference Call Meeting of the Manufactured Housing Consensus Committee Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD. ACTION: Notice of upcoming meeting via conference call. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming meeting of the Manufactured Housing Consensus Committee (the Committee) to be held via telephone conference. This meeting is open to the general public, which may participate by following the instructions below. DATES: The conference call meeting will be held on Wednesday, July 16, 2008, from 11 a.m. to 3 p.m. eastern daylight time. ADDRESSES: Information concerning the conference call can be obtained from the Department’s Consensus Committee Administering Organization, the National Fire Protection Association (NFPA). Interested parties can link onto the NFPA’s Web site for instructions concerning how to participate, and for contact information for the conference call, in the section marked ‘‘Business’’ ‘‘Manufactured Housing Consensus Committee Information’’. The link can be found at: http://www.hud.gov/offices/ hsg/sfh/mhs/mhshome.cfm. Alternately, interested parties may contact Jill McGovern of NFPA at (617) 984–7404 (this is not a toll-free number) for conference call information. FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, Associate Deputy Assistant Secretary, Office of Regulatory Affairs and Manufactured Housing, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone (202) 708–6409 (this is not a toll-free VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 number). Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Information Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: Notice of this meeting is provided in accordance with Sections 10(a) and (b) of the Federal Advisory Committee Act (5 U.S.C. App. 2) and 41 CFR 102–3.150. The Manufactured Housing Consensus Committee was established under Section 604(a)(3) of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5403(a)(3). The Committee is charged with providing recommendations to the Secretary to adopt, revise, and interpret manufactured home construction and safety standards and procedural and enforcement regulations, and with developing and recommending proposed model installation standards to the Secretary. The purpose of this conference call meeting is for the Committee to review and provide comments to the Secretary on a draft proposed rule for the On-Site Completion of Construction of Manufactured Homes. Tentative Agenda A. Roll call. B. Welcome and opening remarks. C. Regulatory Enforcement subcommittee discussion and recommendations. D. Full Committee meeting for discussion of the On-Site Completion of Construction of Manufactured Homes Draft Proposed Rule. E. Adjournment. Dated: July 10, 2008. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. E8–16136 Filed 7–14–08; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Amendment of an Existing System of Records Bureau of Indian Affairs, Interior. ACTION: Proposed amendment of existing Privacy Act system of records. AGENCY: 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 its intent to amend an existing Privacy Act system of records PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 40595 notice entitled Interior, BIA—13 ‘‘Indian Loan Files,’’ published at 48 FR 41098 (September 13, 1983). Comments must be received by August 25, 2008. DATES: Any persons interested in commenting on this proposed amendment may do so by submitting comments in writing to the Privacy Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail to Joan.Tyler@bia.gov ADDRESSES: FOR FURTHER INFORMATION CONTACT: Darlene Greifenberger, Office of Indian Energy and Economic Development, 1951 Constitution Avenue, NW., MS SIB–20, Washington, DC 20245, 202– 513–7680 or by e-mail at Darlene.Greifenberger@bia.gov 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 Assistant Secretary—Indian Affairs in 209 DM 8.1. The Office of Indian Energy and Economic Development Loan Guaranty and Insurance Program was developed to implement the Indian Financing Act of 1974 (25 U.S.C. 1481), as amended. This law requires the Department of the Interior to encourage private commercial lenders to make loans to Indian businesses they might otherwise deny because of insufficient familiarity with Indian business prospects. The program offers private lenders enhanced loan security with a partial loan guaranty which allows a modest federal investment to leverage large amounts of private capital for Indian business development. The system of records supporting this program, now known as the Loan Management and Accounting System (LOMAS), protects information contained in loan applications and supporting documents. The purpose of this notice is to amend the Privacy Act System of Records entitled Interior, BIA—13: ‘‘Indian Loan Files,’’ by (1) Changing the name of the system to Interior, BIA—13: ‘‘Loan Management and Accounting System (LOMAS)’’; (2) updating the addresses of the system locations, system managers, the categories of individuals covered by the system; (3) updating the information regarding disclosures outside the Department of the Interior; and (4) updating the storage, retrievability and safeguards statements to incorporate the changes since the system notice was last published. A copy of the notice, with changes incorporated, is attached. SUPPLEMENTARY INFORMATION: E:\FR\FM\15JYN1.SGM 15JYN1 40596 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary for Policy and Economic Development—Indian Affairs. SYSTEM NAME Loan Management and Accounting System (LOMAS)—Interior, BIA—13. SYSTEM LOCATION (1) Office of Indian Energy and Economic Development, 1951 Constitution Avenue NW., MS SIB–20, Washington, DC, 20245. (2) Loan Accounting Section, Bureau of Indian Affairs (BIA), 1001 Indian School Road NW., Ste. 349, Albuquerque, NM, 87104. (Send correspondence to: P.O. Box 7430, Albuquerque, NM, 87194–7430.) (3) System Administrator—LOMAS, National Business Center, 421 Gold Street SW., Suite 103, Albuquerque, NM, 87102. (4) BIA Regional and Agency credit offices. For a listing of specific locations, contact the System Manager, at the address provided below. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM (1) Applicants who applied for or received loan guaranties, loan insurance, or interest subsidies. (2) Applicants who applied for guarantied bonds. (3) Purchasers of guarantied or insured loans. mstockstill on PROD1PC66 with NOTICES CATEGORIES OF RECORDS IN THE SYSTEM: (1) Loan applications, including but not limited to loan collateral information, loan collection information, loan approval information, loan budget validation, and loan disbursement information; (2) Supporting documents for loans; (3) Borrower information including name, address, birth date, phone number, loan guaranty number, tribal name, record of payment cards, guaranty agreements, eligibility certificates, default documents, and/or promissory notes; (4) Information pertaining to individuals who refuse to make required loan payments when it is determined by the Department of Treasury that they have sufficient assets to pay and/or as a result of the individual misuse of loan proceeds; (5) Interest subsidy requests; (6) Loan extension approvals; (7) Information on loan applications not approved for guaranty or insurance; and (8) Account information for individuals approved for loans, which includes loan account status, loan advance and subsidy status and VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 approval status, loan number and borrower ID. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of Public Law 98– 449, codified at 25 U.S.C. 1451, which authorizes the Department of the Interior to finance economic development on Indian Reservations. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The primary use of the records is to administer the Loan Guaranty and Insurance Program by tracking and recording payments and unpaid balances and providing information on payments made for paying interest subsidy, credits obtained, service loans made, and premiums paid by lenders. Disclosures outside the Department of the Interior may also be made: (1) To the Department of the Treasury and/or Justice in the form of information on individual delinquent borrowers or borrowers who have misused funds in order to support debt collection efforts. (2) To Congress in the form of periodic reports on the status of the Indian Affairs Loan Guarantee, Insurance and Interest Subsidy Program in order to document the use of program funds. (3) To credit reporting agencies in the form of basic information regarding payment delinquencies in order to satisfy Federal claims collection standards. (4) (a) To any of the following entities or individuals, when the circumstances set forth in paragraph (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 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; PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 (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 purposes for which the records were compiled. (5) To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office. (6) 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. (7) 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. (8) 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. (9) To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906. (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, when the disclosure is compatible with the purpose for which the records were compiled. (11) 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. (12) The 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 E:\FR\FM\15JYN1.SGM 15JYN1 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices 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 of 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. (13) 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. (14) To the Department of the Treasury to recover debts owed to the United States. (15) To the news media when the disclosure is compatible with the purpose for which the records were compiled. DISCLOSURES TO CONSUMER REPORTING AGENCIES: in locked file cabinets and/or in secured rooms. (2) Technical Security: Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data is protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for LOMAS and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met. (3) Administrative Security: All DOI and contractor employees with access to LOMAS are required to complete Privacy Act, Records Management Act, and Security Training. RETENTION AND DISPOSAL: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by 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: Records are stored in both manual and electronic format. Manual records are maintained in letter files, application files, and computer printouts. Electronic records are maintained in network access storage, on hard disks, and on magnetic tapes. RETRIEVABILITY: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as approved by the National Archives and Records Administration (NARA), and are scheduled for permanent retention. All records of guarantied or insured loans are stored permanently. Records of loans that are paid, cancelled, or otherwise disposed of are archived. Records of rejected loans are stored for 1 year and then archived. SYSTEM MANAGER AND ADDRESS: Director, Office of Indian Energy and Economic Development, Office of the Assistant Secretary—Indian Affairs, 1951 Constitution Avenue, NW., MS SIB–20,Washington, DC 20245. NOTIFICATION PROCEDURES: SAFEGUARDS: mstockstill on PROD1PC66 with NOTICES Records are: (a) Indexed by name of borrower, loan guaranty number, and tribal name when applicable. (b) Retrieved by manual search or computer inquiry. RECORDS ACCESS PROCEDURES: LOMAS is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies. (1) Physical Security: Paper or electronic format records are maintained A request for access may be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. VerDate Aug<31>2005 16:34 Jul 14, 2008 Jkt 214001 Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 40597 RECORD SOURCE CATEGORIES: Information is received from individuals on whom the records are maintained, commercial banks, BIA employees and contractors, and purchasers of guarantied or insured loans. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8–16098 Filed 7–14–08; 8:45 am] BILLING CODE 4312–RY–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Establishment of a New System of Records Bureau of Indian Affairs. Notice of addition of a new system of records. AGENCY: ACTION: SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs 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)). This new Privacy Act system of records is entitled Interior, BIA—31: ‘‘Information Management System’’ (IMS). DATE: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this new system of records may do so by submitting comments in writing to the Privacy Act Officer, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail to Joan.Tyler@bia.gov. FOR FURTHER INFORMATION CONTACT: Nicole Jaber, Director, Division of Internal Validation and Verification, Office of the Chief Information Officer, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail at Nicole.Jaber@bia.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(3)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in 209 DM 8.1. This notice establishes the Privacy Act system or record entitled Interior, BIA—31, ‘‘Information Management System’’ (IMS). The purpose of IMS is to automate the management of all types of documents E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40595-40597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16098]


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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 existing Privacy Act system of records.

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

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 its intent 
to amend an existing Privacy Act system of records notice entitled 
Interior, BIA--13 ``Indian Loan Files,'' published at 48 FR 41098 
(September 13, 1983).

DATES: Comments must be received by August 25, 2008.

ADDRESSES: Any persons interested in commenting on this proposed 
amendment may do so by submitting comments in writing to the Privacy 
Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 
20170, or by e-mail to Joan.Tyler@bia.gov

FOR FURTHER INFORMATION CONTACT: Darlene Greifenberger, Office of 
Indian Energy and Economic Development, 1951 Constitution Avenue, NW., 
MS SIB-20, Washington, DC 20245, 202-513-7680 or by e-mail at 
Darlene.Greifenberger@bia.gov

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 Assistant 
Secretary--Indian Affairs in 209 DM 8.1.
    The Office of Indian Energy and Economic Development Loan Guaranty 
and Insurance Program was developed to implement the Indian Financing 
Act of 1974 (25 U.S.C. 1481), as amended. This law requires the 
Department of the Interior to encourage private commercial lenders to 
make loans to Indian businesses they might otherwise deny because of 
insufficient familiarity with Indian business prospects. The program 
offers private lenders enhanced loan security with a partial loan 
guaranty which allows a modest federal investment to leverage large 
amounts of private capital for Indian business development. The system 
of records supporting this program, now known as the Loan Management 
and Accounting System (LOMAS), protects information contained in loan 
applications and supporting documents.
    The purpose of this notice is to amend the Privacy Act System of 
Records entitled Interior, BIA--13: ``Indian Loan Files,'' by (1) 
Changing the name of the system to Interior, BIA--13: ``Loan Management 
and Accounting System (LOMAS)''; (2) updating the addresses of the 
system locations, system managers, the categories of individuals 
covered by the system; (3) updating the information regarding 
disclosures outside the Department of the Interior; and (4) updating 
the storage, retrievability and safeguards statements to incorporate 
the changes since the system notice was last published.
    A copy of the notice, with changes incorporated, is attached.


[[Page 40596]]


    Dated: July 9, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development--
Indian Affairs.

SYSTEM NAME
    Loan Management and Accounting System (LOMAS)--Interior, BIA--13.

SYSTEM LOCATION
    (1) Office of Indian Energy and Economic Development, 1951 
Constitution Avenue NW., MS SIB-20, Washington, DC, 20245.
    (2) Loan Accounting Section, Bureau of Indian Affairs (BIA), 1001 
Indian School Road NW., Ste. 349, Albuquerque, NM, 87104. (Send 
correspondence to: P.O. Box 7430, Albuquerque, NM, 87194-7430.)
    (3) System Administrator--LOMAS, National Business Center, 421 Gold 
Street SW., Suite 103, Albuquerque, NM, 87102.
    (4) BIA Regional and Agency credit offices. For a listing of 
specific locations, contact the System Manager, at the address provided 
below.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
    (1) Applicants who applied for or received loan guaranties, loan 
insurance, or interest subsidies.
    (2) Applicants who applied for guarantied bonds.
    (3) Purchasers of guarantied or insured loans.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Loan applications, including but not limited to loan collateral 
information, loan collection information, loan approval information, 
loan budget validation, and loan disbursement information;
    (2) Supporting documents for loans;
    (3) Borrower information including name, address, birth date, phone 
number, loan guaranty number, tribal name, record of payment cards, 
guaranty agreements, eligibility certificates, default documents, and/
or promissory notes;
    (4) Information pertaining to individuals who refuse to make 
required loan payments when it is determined by the Department of 
Treasury that they have sufficient assets to pay and/or as a result of 
the individual misuse of loan proceeds;
    (5) Interest subsidy requests;
    (6) Loan extension approvals;
    (7) Information on loan applications not approved for guaranty or 
insurance; and
    (8) Account information for individuals approved for loans, which 
includes loan account status, loan advance and subsidy status and 
approval status, loan number and borrower ID.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system of records is maintained under the authority of Public 
Law 98-449, codified at 25 U.S.C. 1451, which authorizes the Department 
of the Interior to finance economic development on Indian Reservations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary use of the records is to administer the Loan Guaranty 
and Insurance Program by tracking and recording payments and unpaid 
balances and providing information on payments made for paying interest 
subsidy, credits obtained, service loans made, and premiums paid by 
lenders.
    Disclosures outside the Department of the Interior may also be 
made:
    (1) To the Department of the Treasury and/or Justice in the form of 
information on individual delinquent borrowers or borrowers who have 
misused funds in order to support debt collection efforts.
    (2) To Congress in the form of periodic reports on the status of 
the Indian Affairs Loan Guarantee, Insurance and Interest Subsidy 
Program in order to document the use of program funds.
    (3) To credit reporting agencies in the form of basic information 
regarding payment delinquencies in order to satisfy Federal claims 
collection standards.
    (4) (a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (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 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 purposes for which the records were 
compiled.
    (5) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
covered individual is deceased, has made to the office.
    (6) 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.
    (7) 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.
    (8) 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.
    (9) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2904 and 2906.
    (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, when the disclosure is compatible with 
the purpose for which the records were compiled.
    (11) 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.
    (12) The 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

[[Page 40597]]

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 of 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.
    (13) 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.
    (14) To the Department of the Treasury to recover debts owed to the 
United States.
    (15) To the news media when the disclosure is compatible with the 
purpose for which the records were compiled.

DISCLOSURES 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 by 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:
    Records are stored in both manual and electronic format. Manual 
records are maintained in letter files, application files, and computer 
printouts. Electronic records are maintained in network access storage, 
on hard disks, and on magnetic tapes.

RETRIEVABILITY:
    Records are:
    (a) Indexed by name of borrower, loan guaranty number, and tribal 
name when applicable.
    (b) Retrieved by manual search or computer inquiry.

SAFEGUARDS:
    LOMAS is maintained with controls meeting safeguard requirements 
identified in Departmental Privacy Act Regulations (43 CFR 2.51) for 
manual and automated records. Access to records is limited to 
authorized personnel whose official duties require such access; agency 
officials have access only to records pertaining to their agencies.
    (1) Physical Security: Paper or electronic format records are 
maintained in locked file cabinets and/or in secured rooms.
    (2) Technical Security: Electronic records are maintained in 
conformity with Office of Management and Budget and Departmental 
guidelines reflecting the implementation of the Federal Information 
Security Management Act. Electronic data is protected through user 
identification, passwords, database permissions, and software controls. 
These security measures establish different degrees of access for 
different types of users. An audit trail is maintained and reviewed 
periodically to identify unauthorized access. A Privacy Impact 
Assessment was completed for LOMAS and is updated at least annually to 
ensure that Privacy Act requirements and personally identifiable 
information safeguard requirements are met.
    (3) Administrative Security: All DOI and contractor employees with 
access to LOMAS are required to complete Privacy Act, Records 
Management Act, and Security Training.

RETENTION AND DISPOSAL:
    Records relating to individuals covered by this system are retained 
in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as 
approved by the National Archives and Records Administration (NARA), 
and are scheduled for permanent retention. All records of guarantied or 
insured loans are stored permanently. Records of loans that are paid, 
cancelled, or otherwise disposed of are archived. Records of rejected 
loans are stored for 1 year and then archived.

SYSTEM MANAGER AND ADDRESS:
    Director, Office of Indian Energy and Economic Development, Office 
of the Assistant Secretary--Indian Affairs, 1951 Constitution Avenue, 
NW., MS SIB-20,Washington, DC 20245.

NOTIFICATION PROCEDURES:
    Inquiries regarding the existence of records should be addressed to 
the System Manager. The request must be in writing, signed by the 
requester, and meet the requirements of 43 CFR 2.60.

RECORDS ACCESS PROCEDURES:
    A request for access may be addressed to the System Manager. The 
request must be in writing, signed by the requester, and meet the 
requirements of 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:
    A petition for amendment should be addressed to the System Manager. 
The request must be in writing, signed by the requester, and meet the 
content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Information is received from individuals on whom the records are 
maintained, commercial banks, BIA employees and contractors, and 
purchasers of guarantied or insured loans.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-16098 Filed 7-14-08; 8:45 am]
BILLING CODE 4312-RY-P