Privacy Act of 1974, as Amended; Addition of a New System of Records, 40609-40611 [E8-16105]

Agencies

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

[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40609-40611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16105]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


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

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of addition of a new system of records.

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SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs 
(BIA) 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 Privacy Act system of records 
is entitled Interior, BIA-29: ``Fee to Trust Tracking System'' (FTTS).

DATE: 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: Vicki Forrest, Deputy Bureau Director, 
Office of Trust Services, 1849 C Street, NW., Washington, DC 20240, or 
by e-mail at Vicki.Forrest@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 Principal 
Deputy Assistant Secretary--Indian Affairs in 209 DM 8.1. This notice 
establishes the Privacy Act system of records entitled Interior, BIA-
29: ``Fee to Trust Tracking System'' (FTTS).
    FTTS was developed for the BIA to track applications for 
conversions of land from fee ownership into trust status for Tribes and 
individual Indians. FTTS is replacing an existing legacy system, Fee to 
Trust (FTT), that does not collect sufficient information to properly 
track applications.

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

SYSTEM NAME:
    Fee to Trust Tracking System (FTTS), Interior, BIA-29.

SYSTEM LOCATION:
    Office of Information Operations, Bureau of Indian Affairs, 625 
Herndon Parkway, Herndon, VA 20170.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (1) Individuals applying to the Department of the Interior (DOI) 
for conversion of land from fee ownership into trust status.
    (2) Individuals, Tribes, organizations or other stakeholders or 
their representatives with an interest in applications for converting 
land from fee ownership into trust status.
    (3) DOI employees or contractors who process the applications for 
conversion of land from fee ownership into trust status if their 
contact information is required.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Statistical information necessary to improve and streamline the 
process, as well as, budget preparatory information to support the 
entire transfer of fee simple land into trust lands for tribes and 
individual Indians.
    (2) Information required by the trust fee lands transfer case 
packet application, including but not limited to, a legal description 
of the trust fee land packet, and the name, phone number and address of 
the party (or parties) filing the application.
    (3) Legal representation information pertaining to the trust fee 
lands transfer packet application, including but not

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limited to the name, phone number, and business address, of the lawyers 
representing the party (or parties) filing the application.
    (4) Case management information for each packet, including but not 
limited to trust fee land packet number, documents required for the 
processing of the trust fee land transfer, and Tribal consensual 
information.
    (5) Information pertaining to the status of the packet with respect 
to the steps required to transfer fee simple land into trust land for 
tribes and individual Indians.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552; 5 U.S.C. 552A; 5 U.S.C. 301; 43 U.S.C. 1457; and 44 
U.S.C. 3101 et seq. authorize the Department of the Interior to 
maintain this system of records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    FTTS is used primarily to track applications for conversions of 
land from fee simple ownership into trust status for Tribes and 
individual Indians.
    Disclosure outside the Department of the Interior may be made:
    (1) (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.
    (2) 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.
    (3) 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.
    (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 or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) 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.
    (9) 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 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.
    (10) 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.
    (11) To the Department of the Treasury to recover debts owed to the 
United States.
    (12) To the news media when the disclosure is compatible with the 
purpose for which the records were compiled.

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 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 paper and electronic form.

RETRIEVABILITY:
    Both manual and electronic data can be retrieved (by means of a 
search of electronic indices) by land transfer packet case number, name 
of party (or parties) filing the application, name of Tribe, property 
name, assessor's parcel number, or region, state, county and meridian.

SAFEGUARDS:
    FTTS 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 are protected through

[[Page 40611]]

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 FTTS 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 FTTS 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, and are 
scheduled for permanent retention.

SYSTEM MANAGER AND ADDRESS:
    Deputy Bureau Director, Office of Trust Services, 1849 C Street, 
NW., Washington, DC 20240.

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.

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

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:
    Source information is received from individuals on whom the records 
are maintained, or from legal representatives acting on the behalf of 
parties filing applications to convert land from fee simple ownership 
into trust status.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-16105 Filed 7-14-08; 8:45 am]
BILLING CODE 4312-RY-P