Privacy Act of 1974; As Amended; Addition of a New System of Records., 44759-44761 [E8-17582]

Agencies

• Office of the Secretary
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Notices]
[Pages 44759-44761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17582]


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

DEPARTMENT OF THE INTERIOR

Office of the Secretary


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

AGENCY: Office of Historical Trust Accounting (OHTA).

ACTION: Proposed addition of a new Privacy Act system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), 
the Office of Historical Trust Accounting of the Department of the 
Interior is issuing public notice of its intent to add a new Privacy 
Act system of records: Interior, OS-11, ``Accounting Reconciliation 
Tool (ART).''

DATES: Comments must be received by September 9, 2008.

ADDRESSES: Any persons interested in commenting on this proposed 
addition of a new system of records may do so by submitting comments in 
writing to the Office of the Secretary Acting Privacy Act Officer, 
Linda S. Thomas, U.S. Department of the Interior, MS-116 SIB, 1951 
Constitution Avenue, NW., Washington, DC 20240, or by e-mail to Linda_
Thomas@nbc.gov.

FOR FURTHER INFORMATION CONTACT: Chief Information Officer, Office of 
Historical Trust Accounting, 1801 Pennsylvania Ave., NW., Suite 500, 
Washington, DC 20006.

SUPPLEMENTARY INFORMATION: This Office of Historical Trust Accounting 
(OHTA) is proposing to add a new Privacy Act system of records notice, 
OS-11, ``Accounting Reconciliation Tool'' (ART). ART supports the work 
of OHTA to analyze the historical collection, distribution, and 
disbursement of income from Indian trust land and other revenue 
sources, and to provide historical statements of account to the account 
holders of the Individual Indian Money (IIM) Trust Fund. This work is 
necessary to carry out the Secretary's fiduciary responsibilities under 
the American Indian Trust Fund Management Reform Act of 1994, Pub. L. 
103-412, 108 Stat. 4239. Towards that end, ART will be effective as 
proposed at the end of the comment period unless comments are received 
that require a contrary determination. The Department will publish a 
revised notice if changes are made based upon a review of comments 
received.


[[Page 44760]]


    Dated: July 25, 2008.
Bert T. Edwards,
Executive Director, Office of Historical Trust Accounting.

SYSTEM NAME:
    Interior, OS-11, ``Account Reconciliation Tool (ART).''

SYSTEM LOCATION:
    (1) U.S. Department of the Interior, Office of Historical Trust 
Accounting, 1801 Pennsylvania Ave., NW., Suite 500, Washington, DC 
20006.
    (2) U.S. Department of the Interior, Office of Historical Trust 
Accounting, American Indian Records Repository, 17501 West 98th Street, 
Lenexa, KS 66219.
    (3) Office of contractors analyzing IIM Trust Fund accounts under 
contract to OHTA.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individual Indians who receive Historical Statements of Account 
prepared by the DOI's Office of Historical Trust Accounting (OHTA) for 
account holders of the Individual Indian Money (IIM) Trust Fund.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include an individual's name, aliases, gender, birth 
date, address, Social Security Number, IIM Trust Fund account number, 
tribal membership/enrollment number, and blood quantum.
    Categories of records in the system include:
    (1) Financial data pertaining to IIM Trust Fund accounts from the 
Trust Fund Accounting System (TFAS), the Trust Asset and Accounting 
Management System (TAAMS), the Integrated Records Management System 
(IRMS), the Land Record Information System (LRIS), the Payments, Claims 
and Enhanced Reconciliation (PACER) system, the Finance system, and the 
OMNI system.
    (2) Data related to IIM Trust Fund account holder information.
    (3) Imaged/paper records related to IIM Trust Fund accounts, 
including jacket folders, and financial documents such as accounting, 
reconciliation, and transaction data related to receipts, 
disbursements, investments, bonds, and transfers.
    (4) Historical Statements of Account for account holders of the IIM 
Trust Fund.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    25 U.S.C. 116, 117(a)(b)(c), 118, 119, 120, 121, 151, 159, 161(a), 
162(a), 4011, 4043(b)(2)(B).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    The primary use of the records in the system is to enable the OHTA 
to analyze the historical collection, distribution, and disbursement of 
income from Indian trust land and other revenue sources, and to provide 
historical statements of account to the account holders of the IIM 
Trust Fund.
    Disclosure outside of DOI may be made to:
    (1)(a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ).
    (ii) A court or an adjudicative or other administrative body.
    (iii) A party in litigation before a court or an 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 DOI Office of 
Hearing 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 purpose for which the records were 
compiled.
    (2) To a congressional office, when there has been a written 
request from an individual who is the beneficiary of an IIM Trust Fund 
account for information from that account.
    (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 representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2904 and 2906.
    (6) To state and local governments and tribal organizations to 
provide information needed in response to a court order and/or 
discovery related to litigation, when the disclosure is compatible with 
the purpose for which the records were compiled.
    (7) To an expert, consultant, or contractor (including employees of 
the contractor) of DOI, requiring access to these records on DOI's 
behalf to carry out the purposes of the system.
    (8) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in ART has been compromised; and
    (b) DOI 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 ART or other systems or programs (whether maintained by DOI or 
another agency or entity) that rely upon the compromised information; 
and
    (c) The disclosure is made to such agencies, entities, and persons 
who are reasonably necessary to assist in connection with DOI's efforts 
to respond to the suspected or confirmed compromise and prevent, 
minimize, or remedy such harm.
    (9) 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.
    (10) To the Department of the Treasury to recover debts owed to the 
United States.
    (11) To the lineal descendant, heir, or devisee of a deceased 
individual covered by the system or to any other person entitled to the 
deceased's trust assets.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
POLICIES:
    Records are stored, retrieved, accessed, retained and disposed of 
in accordance with DOI Departmental Manual, Part 383, Chapters 1-13, 
DOI Privacy Act regulations at 43 CFR 2.45-2.79, the Indian Affairs 
Records Manual,

[[Page 44761]]

and the Indian Affairs Records Schedule (IARS).

STORAGE:
    Records are stored on paper and electronic storage media.

RETRIEVABILITY:
    Records are retrieved using either:
    (1) Identifiers linked to IIM Trust Fund account holders, such as 
name, Social Security Numbers, tribe, tribal enrollment, or census 
numbers, or
    (2) Organizational links and identifiers such as account numbers, 
tribal codes, and IIM Trust Fund account codes.

SAFEGUARDS:
    ART 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 in the system is 
limited to authorized personnel whose official duties require such 
access.
    (1) Physical Security: Paper 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 user 
identification, passwords, database permissions and software controls. 
These security measures establish different degrees of access for 
different types of users.
    (3) Administrative Security: All DOI and contractor employees 
involved in any and all trust activities are required to complete 
Privacy Act, Records Management and Security Awareness trainings. The 
trainings are completed before an employee is permitted access to any 
trust data. Trainings are implemented on an annual basis.

RETENTION AND DISPOSITION:
    ART is scheduled for permanent retention.

SYSTEM MANAGER AND ADDRESS:
    Information Technology Program Manager, Office of Historical Trust 
Accounting, 1801 Pennsylvania Ave., NW., Suite 500, Washington, DC 
20006.

NOTIFICATION PROCEDURES:
    To determine whether your records are in this Privacy Act system of 
records, write to the Information Technology Program Manager at the 
address listed above. Provide the following information with your 
request:
    (1) Proof of your identity.
    (2) List of all of the names by which you have been known, such as 
maiden name or alias(es).
    (3) Mailing address.
    (4) Tribe, IIM Trust Fund account number, tribal enrollment or 
census number.
    (5) Time period(s) during which the records may have been created 
or maintained, to the extent known by you (See 43 CFR 2.60).

RECORDS ACCESS PROCEDURES:
    To request access to your records, write to the Information 
Technology Program Manager at the address listed above. Provide the 
following information with your request:
    (1) Proof of your identity.
    (2) List of all of the names by which you have been known, such as 
maiden name or alias(es).
    (3) Mailing address.
    (4) Tribe, IIM Trust Fund account number, tribal enrollment or 
census number.
    (5) Time period(s) during which records may have been created or 
maintained, to the extent known by you.
    (6) Description or identification of the records you are requesting 
(including whether you are asking for a copy of all of your records or 
only a specific part of them) and the maximum amount of money that you 
are willing to pay for their copying. (See 43 CFR 2.63.)

CONTESTING RECORDS PROCEDURES:
    To request an amendment of a record, write to the Information 
Technology Program Manager at the address listed above (See 43 CFR 
2.71). Provide the following information with your request:
    (1) Proof of your identity.
    (2) List of all of the names by which you have been known, such as 
maiden name or alias(es).
    (3) Mailing address.
    (4) Tribe, IIM Trust Fund account number, tribal enrollment or 
census number.
    (5) Time period(s) during which the records may have been created 
or maintained, to the extent known by you.
    (6) Specific description or identification of the record(s) you are 
contesting and the reason(s) why you believe the record(s) are not 
accurate, relevant, timely, or complete.
    (7) Copy of documents or evidence in support of (6) above.

RECORD SOURCE CATEGORIES:
    (1) The following DOI components: Bureau of Indian Affairs, Office 
of Trust Funds Management, Office of the Special Trustee, Minerals 
Management Service, Bureau of Land Management, Office of Hearings and 
Appeals.
    (2) Federal and state agencies.
    (3) IIM Trust Fund account holders or their heirs. Depositors to 
and claimants against the accounts.
    (4) Tribal offices, if the IIM function is contracted or compacted 
under the Indian Self-Determination and Education Assistance Act, 
Public Law 93-638, 88 Stat. 2203, as amended.
    (5) Courts of competent jurisdiction, including tribal courts.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-17582 Filed 7-30-08; 8:45 am]
BILLING CODE 4310-10-P