Privacy Act of 1974; Amendment of Existing System of Records, 77824-77827 [E8-30192]
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77824
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
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.
(9) 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.
(10) To 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 that 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 to 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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE STYSTEM:
RETENTION AND DISPOSAL:
Records are retained and disposed of
in accordance with General Records
Schedule No. 11, Space and
Maintenance Records, Item No. 4a,
Credentials Files (Parking Permits).
SYSTEM MANAGER(S) AND ADDRESS:
STORAGE:
Records are maintained in both
manual and electronic computer
database form. Original input
documents are stored in standard office
filing equipment in locked Government
offices at the stated location.
Parking Program Coordinator, Budget,
Finance and Administration, Office of
the Special Trustee for American
Indians, U.S. Department of the Interior,
4400 Masthead Street, NE.,
Albuquerque, NM 87109.
NOTIFICATION PROCEDURES:
RETRIEVABILITY:
Records are retrieved by name of
individual, office telephone number,
home telephone number, position title,
vehicle(s) make and model, state of
vehicle registration, license tag number,
parking permit number, and number of
carpool riders if applicable.
SAFEGUARDS:
Records are maintained with
safeguards meeting the requirements of
43 CFR 2.51 for manual and
computerized records. Access to records
is limited to authorized personnel
whose official duties require such
access.
(1) Physical Security: Paper records
are maintained in locked file cabinets or
in secured, locked rooms within a
secured Government facility. Electronic
records are maintained in computers
and servers which are in locked, secure
rooms.
VerDate Aug<31>2005
(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.
(3) Administrative Security: All DOI
and contractor employees with access to
the Parking permit files are required to
complete Privacy Act, Records
Management Act, and IT Security
Awareness training prior to being given
access to the system, and on an annual
basis, thereafter. In addition, all
employees accessing either the paper
records or the electronic form of the
records are supervised by a Federal
government employee who has granted
such access only on a need to know
basis.
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Jkt 217001
An individual requesting notification
of the existence of records on himself or
herself should address his/her request to
the appropriate bureau/office System
Manager. The request must be in
writing, signed by the requester, and
meet the content requirement of 43 CFR
2.60.
RECORDS ACCESS PROCEDURES:
A request for access to records shall
be addressed to the System Manager.
The request must be in writing, signed
by the requester, and meet the content
requirements of 43 CFR 2.63.
CONTESTING RECORDS PROCEDURES:
A request for amendment of records
maintained on himself or herself shall
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.
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RECORD SOURCE CATERGORIES:
Individuals requesting a parking
permit or joining a carpool.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E8–30187 Filed 12–18–08; 8:45 am]
BILLING CODE 4301–02–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Privacy Act of 1974; Amendment of
Existing System of Records
AGENCY: Office of the Secretary,
Department of the Interior.
ACTION: Proposed amendment of
existing Privacy Act system of records.
SUMMARY: In accordance with the
Privacy Act of 1974 (5 U.S.C. § 552a),
the Office of the Secretary of the
Department of the Interior is issuing
public notice of its intent to amend an
existing Privacy Act system of records
notice, OS–02, ‘‘Individual Indian
Monies (IIM) Trust Funds.’’ The
amendments will update the contact for
further information, system locations,
system manager and address, categories
of records in the system, authority for
maintenance of the system, routine uses
of records maintained in the system,
storage, safeguards, retention and
disposal, procedures for contesting
records, and records source categories.
DATES: Comments must be received by
January 28, 2009
ADDRESSES: Any persons interested in
commenting on these proposed
amendments to an existing 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 of Staff, Office of the Principal
Deputy Special Trustee, 4400 Masthead
Street, NE., Suite 357, Albuquerque, NM
87109.
SUPPLEMENTARY INFORMATION: In this
notice, the Department of the Interior is
proposing to amend Interior OS–02,
Individual Indian Monies (IIM) Trust
Funds to reflect enhancements to the
system which will enable the Office of
the Secretary, Office of the Special
Trustee for American Indians (OST) to
further improve the level of services
provided to individual beneficiaries of
the Indian trust. These changes help the
Secretary carry out fiduciary
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
responsibilities required under the
American Indian Trust Fund
Management Reform Act of 1994, Pub.
L. 103–412, 108 Stat. 4239. In addition,
these proposed amendments will update
contact information, system locations,
categories of records in the system,
authority for maintenance of the system,
routine uses of the system, records
source categories, and procedures for
storage, retention and disposal, and for
contesting information. Thus, the Office
of the Secretary proposes to amend
Interior OS–02, Individual Indian
Monies (IIM) Trust Funds to read as
shown below. The system will be
effective as proposed unless comments
are received which would require a
contrary determination. The Office of
the Secretary will publish a revised
notice if changes are made based upon
a review of comments received.
Dated: December 16, 2008.
Linda S. Thomas,
Office of the Secretary, Acting Privacy Officer.
SYSTEM NAME:
Interior, OS–02, ‘‘Individual Indian
Monies (IIM) Trust Funds.’’
SYSTEM LOCATIONS:
(a) U.S. Department of the Interior,
Office of the Special Trustee for
American Indians, 4400 Masthead
Street, NE., Albuquerque, NM 87109.
(b) OST field locations including area,
agency, and regional offices.
(c) Offices of contractors processing
individual Indian trust fund accounts.
(d) Tribal offices of tribes that have
compacted or contracted the individual
Indian trust fund management function
from OST under the Indian SelfDetermination and Education
Assistance Act, Pub. L. 93–638, 88 Stat.
2203, as amended.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individual Indians, Alaska Natives, or
their heirs, who have accounts held in
trust status by the Department of the
Interior.
CATEGORIES OF RECORDS IN THE SYSTEM:
(a) Data on trust accounts in
automated systems including the Trust
Fund Accounting System (TFAS) and
the Trust Beneficiary Call Center
Tracking Software (ServiceCenter).
(b) Imaged documents concerning
individual Indian trust accounts.
(c) Data related to financial and
investment activity from individual
Indian trust accounts.
(d) Data related to custodianship of
investments for individual Indian trust
accounts.
(e) Paper records related to individual
Indian trust accounts, including jacket
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22:26 Dec 18, 2008
Jkt 217001
folders, and financial documents such
as accounting, reconciliation, and
transaction data related to receipts,
disbursements, investments, and
transfers.
The type of information contained in
the categories above may include a
person’s name, aliases, sex, birth date,
address, phone numbers, e-mail
address, Social Security Number,
account number, tribal membership
number, blood quantum, and contact
information for people who may know
their whereabouts.
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 PURPOSES OF SUCH USES:
The system’s main purposes are to:
(a) Manage the collection, investment,
distribution, and disbursement of
individual Indian trust income.
(b) Comply with relevant sections of
the American Indian Trust Fund
Management Reform Act of 1994, Pub.
L. 103–412, 108 Stat. 4239.
(c) Improve customer satisfaction by
achieving a high level of responsiveness
to beneficiary inquiries by documenting
and tracking each contact and providing
accurate, consistent and timely
resolutions.
(d) Enable beneficiaries to receive
trust services in a more timely and
convenient manner through modern
technology.
(e) Provide information for Indian
trust funds program management
purposes.
Disclosures outside the Department of
the Interior may be made to:
(a) Individual Indian trust account
beneficiaries, their heirs, guardians, or
agents.
(b) Contractors, but only after
ensuring that all provisions of the
Privacy Act, the Trade Secrets Act, the
Indian Minerals Development Act, and
all other applicable laws, regulations,
and policies relating to contracting and
security are met, who:
(1) Provide trust and other services to
beneficiaries;
(2) Provide, use, operate or facilitate
various components of the system;
(3) Service and maintain the system
for the Department.
(c) The U.S. Department of Justice, or
to a court, adjudicative or other
administrative body, or to a party in
litigation before a court or adjudicative
or administrative body, when:
(1) One of the following is a party to
the proceeding or has an interest in the
proceeding:
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(i) The Department or any component
of the Department;
(ii) Any Department employee acting
in his or her official capacity;
(iii) Any Department employee acting
in his or her individual capacity where
the Department or the Department of
Justice has agreed to represent the
employee; or
(iv) The United States, when the
Department determines that the
Department is likely to be affected by
the proceeding; and
(2) We deem the disclosure to be:
(i) Relevant and necessary to the
proceeding; and
(ii) Compatible with the purpose for
which we compiled the information.
(d) The following components of the
U.S. Department of Treasury:
(1) Financial Management Service
(FMS) for the purpose of providing
fiscal agency services to OST such as,
but not limited to, issuing paper check
disbursements to beneficiaries and
operating the Direct Deposit program to
send disbursements electronically to the
beneficiary’s account with a third-party
financial institution;
(2) Internal Revenue Service (IRS) to
report beneficiary taxable income on
IRS Form 1099 and to collect debts
owed to the government.
(e) The National Archives and
Records Administration and their
contractors, for the purpose of providing
long-term storage of inactive individual
Indian trust records at the American
Indian Records Repository at Lenexa,
Kansas.
(f) Another federal agency to enable
that agency to respond to an inquiry by
the individual to whom the record
pertains.
(g)(1) To any of the following entities
or individuals, when the circumstances
set forth in paragraph (2) are met:
(i) The U.S. Department of Justice
(DOI);
(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;
(2) When:
(i) One of the following is a party in
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;
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
(D) Any DOI employee acting in his
or her individual capacity if DOI 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.
(h) A congressional office in response
to an inquiry received by that office
from the individual to whom the record
pertains.
(i) To 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 to 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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The OST currently stores records in
one of two ways:
(a) Paper records (such as jacket files,
financial data files, ledgers, and reports)
placed in file cabinets; others are stored
in boxes on shelves.
(b) Automated data and images stored
on appropriate media including but not
limited to magnetic tape and on optical
and electro-mechanical disks.
RETRIEVABILITY:
Records are retrieved using either:
(a) Identifiers linked to individual
Indian trust beneficiaries such as name,
social security numbers, tribe, tribal
enrollment, or census numbers, or
(b) Organizational links and
identifiers such as account numbers,
tribal codes, trust account codes, and
other identifiers.
SAFEGUARDS:
Following the requirements under 5
U.S.C. 552a(e)(10) and 43 CFR 2.51(a)(b)
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17:29 Dec 18, 2008
Jkt 217001
for security standards, as well as Office
of Management and Budget and
Departmental Guidance and the
implementation of appropriate National
Institute of Standards and Technology
policies and procedures, the Office of
the Secretary has taken security
measures to protect system
documentation by equipping our offices
and workplaces with the following
safeguards:
(1) Physical Security: Paper or micro
format records are maintained in locked
file cabinets and/or in locked or secured
rooms that are staffed by agency
personnel or by those under specific
contract, compact or agreement to work
with such records. Storage facilities are
protected by locked entryways or
security guards.
(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, cipher lock, key card, and
other access controls such as passwords,
database permissions, and software
controls.
(3) Administrative Security: All DOI
and contractor employees with access to
this system are required to complete
Privacy Act, Federal Records Act, and
Security Awareness training prior to
being given access to the system, and on
an annual basis, thereafter. In addition,
warning signs are posted to limit access
to files except by employees and
contractors. Finally, there are sign-in
and sign-out logs for access to storage
facilities by requesters researching,
acquiring, or delivering documents.
RETENTION AND DISPOSAL:
The OST creates, receives and
maintains records until such time as
they become inactive. The inactive
records are then transferred to the
American Indian Records Repository
(AIRR) in Lenexa, Kansas which is
operated in cooperation with the
National Archives and Records
Administration. Records are held in
accordance with approved records
retention schedules.
SYSTEM MANAGER AND ADDRESS:
Chief of Staff, Office of the Principal
Deputy Special Trustee, 4400 Masthead
Street NE., Suite 357, Albuquerque, NM
87109.
NOTIFICATION PROCEDURES:
To determine whether your records
are in this Privacy Act system of
records, contact the System Manager at
the address listed above in writing. The
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request must meet the requirements of
43 CFR 2.60. 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) Bureau of Indian Affairs home
agency.
(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you. (See 43 CFR 2.60(b)(3)).
RECORD ACCESS PROCEDURES:
To request access to records, contact
the System Manager at the address
listed above in writing. The request
must meet the requirements of 43 CFR
2.63. 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) Bureau of Indian Affairs home
agency.
(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you.
(h) Specific 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 4.63(b)(5)).
CONTESTING RECORD PROCEDURES:
To request an amendment of a record,
contact the System Manager at the
address listed above in writing. The
request must meet the requirements of
43 CFR 2.71.
RECORDS SOURCE CATEGORIES:
(a) Office of the Special Trustee for
American Indians, Bureau of Indian
Affairs, Minerals Management Service,
Bureau of Land Management, Office of
Hearings and Appeals, and other
appropriate agencies in the Department
of the Interior. Other federal, state, and
local agencies.
(b) Individual Indian trust
beneficiaries, their heirs, relatives and
acquaintances. Depositors into the
accounts and claimants against the
accounts.
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
(c) Tribal offices if the IIM function is
contracted or compacted under the
Indian Self-Determination and
Education Assistance Act, Pub. L. 93–
638, 88 Stat. 2203, as amended. Other
tribal offices including enrollment,
social services, and education.
(d) Courts of competent jurisdiction,
including tribal courts.
(e) Contractors, including but not
limited to:
(1) credit bureaus;
(2) news media;
(3) missing persons locators;
(4) and mail list vendors.
(5) Internet searches;
(6) public utilities; and
(7) professional, religious, and social
organizations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E8–30192 Filed 12–18–08; 8:45 am]
BILLING CODE 4310–10–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–R–2008–N0284; 40136–1265–
0000–S3]
Culebra National Wildlife Refuge,
Puerto Rico
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of intent to prepare a
comprehensive conservation plan and
environmental assessment; request for
comments.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), intend to
prepare a comprehensive conservation
plan (CCP) and associated National
Environmental Policy Act documents
for Culebra National Wildlife Refuge
(NWR). We provide this notice in
compliance with our CCP policy to
advise other agencies and the public of
our intentions, and to obtain suggestions
and information on the scope of issues
to consider in the planning process.
DATES: To ensure consideration, we
must receive your written comments by
February 2, 2009. Special mailings,
newspaper articles, and other media
announcements will inform people of
the opportunities for written input
throughout the planning process.
ADDRESSES: Comments, questions, and
requests for information should be sent
to: Ana Roman, Culebra NWR, P.O. Box
190, Culebra, Puerto Rico 00775.
FOR FURTHER INFORMATION CONTACT: Ana
Roman; Telephone: 787/742–0115; Fax:
787/742–1303.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:29 Dec 18, 2008
Jkt 217001
Introduction
With this notice, we initiate our
process for developing a CCP for
Culebra NWR in Puerto Rico.
This notice complies with our CCP
policy to (1) advise other Federal and
State agencies and the public of our
intention to conduct detailed planning
on this refuge; and (2) obtain
suggestions and information on the
scope of issues to consider in the
environmental document and during
development of the CCP.
Background
The CCP Process
The National Wildlife Refuge System
Improvement Act of 1997 (16 U.S.C.
668dd–668ee) (Improvement Act),
which amended the National Wildlife
Refuge System Administration Act of
1966, requires us to develop a CCP for
each national wildlife refuge. The
purpose in developing a CCP is to
provide refuge managers with a 15-year
strategy for achieving refuge purposes
and contributing to the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and our policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, CCPs identify wildlifedependent recreational opportunities
available to the public, including
opportunities for hunting, fishing,
wildlife observation, wildlife
photography, and environmental
education and interpretation. We will
review and update the CCP at least
every 15 years in accordance with the
Improvement Act.
Each unit of the National Wildlife
Refuge System is established for specific
purposes. We use these purposes as the
foundation for developing and
prioritizing the management goals and
objectives for each refuge within the
National Wildlife Refuge System
mission, and to determine how the
public can use each refuge. The
planning process is a way for us and the
public to evaluate management goals
and objectives for the best possible
conservation approach to this important
wildlife habitat, while providing for
wildlife-dependent recreation
opportunities that are compatible with
the refuge’s establishing purposes and
the mission of the National Wildlife
Refuge System.
Our CCP process provides
participation opportunities for State and
local governments; agencies;
organizations; and the public. At this
time we encourage input in the form of
issues, concerns, ideas, and suggestions
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77827
for the future management of Culebra
NWR. Special mailings, newspaper
articles, and other media outlets will be
used to announce opportunities for
input throughout the planning process.
We will conduct the environmental
assessment in accordance with the
requirements of the National
Environmental Policy Act of 1969, as
amended (NEPA) (42 U.S.C. 4321 et
seq.); NEPA regulations (40 CFR parts
1500–1508); other appropriate Federal
laws and regulations; and our policies
and procedures for compliance with
those laws and regulations.
Portions of the Culebra Archipelago
were designated as a wildlife reserve in
1909, subject to naval and lighthouse
purposes. Numerous islands of the
Archipelago, as well as the Flamenco
Peninsula, were used for gunnery and
bombing practice by the U.S. Navy until
its departure in 1976. The following
year, jurisdiction of those areas was
transferred to the Commonwealth of
Puerto Rico and the Service. On-site
administration of the refuge was
established in 1983. Approximately one
quarter (1,510 acres) of the Culebra
Archipelago’s total land mass is now
included within the refuge.
Culebra NWR is administered as a
unit of the Caribbean Islands National
Wildlife Refuge Complex. The refuge is
composed of lands on the main island
of Culebra and 22 small islands nearby.
Wildlife habitats on these lands include
subtropical dry forest, a unique habitat
known as the boulder forest, mangroves,
and grasslands. These habitats support
flora and fauna including a seabird
nesting colony on Flamenco Peninsula
and nesting beaches utilized by
leatherback and hawksbill sea turtles.
Culebra NWR focuses on protecting,
monitoring, and managing significant
seabird colonies and endangered marine
turtles, as well as restoring and
protecting native tropical vegetative
communities.
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: This notice is published under
the authority of the National Wildlife Refuge
System Improvement Act of 1997, Public
Law 105–57.
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]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77824-77827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30192]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Privacy Act of 1974; Amendment of Existing System of Records
AGENCY: Office of the Secretary, Department of the Interior.
ACTION: Proposed amendment of existing Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. Sec.
552a), the Office of the Secretary of the Department of the Interior is
issuing public notice of its intent to amend an existing Privacy Act
system of records notice, OS-02, ``Individual Indian Monies (IIM) Trust
Funds.'' The amendments will update the contact for further
information, system locations, system manager and address, categories
of records in the system, authority for maintenance of the system,
routine uses of records maintained in the system, storage, safeguards,
retention and disposal, procedures for contesting records, and records
source categories.
DATES: Comments must be received by January 28, 2009
ADDRESSES: Any persons interested in commenting on these proposed
amendments to an existing 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 of Staff, Office of the
Principal Deputy Special Trustee, 4400 Masthead Street, NE., Suite 357,
Albuquerque, NM 87109.
SUPPLEMENTARY INFORMATION: In this notice, the Department of the
Interior is proposing to amend Interior OS-02, Individual Indian Monies
(IIM) Trust Funds to reflect enhancements to the system which will
enable the Office of the Secretary, Office of the Special Trustee for
American Indians (OST) to further improve the level of services
provided to individual beneficiaries of the Indian trust. These changes
help the Secretary carry out fiduciary
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responsibilities required under the American Indian Trust Fund
Management Reform Act of 1994, Pub. L. 103-412, 108 Stat. 4239. In
addition, these proposed amendments will update contact information,
system locations, categories of records in the system, authority for
maintenance of the system, routine uses of the system, records source
categories, and procedures for storage, retention and disposal, and for
contesting information. Thus, the Office of the Secretary proposes to
amend Interior OS-02, Individual Indian Monies (IIM) Trust Funds to
read as shown below. The system will be effective as proposed unless
comments are received which would require a contrary determination. The
Office of the Secretary will publish a revised notice if changes are
made based upon a review of comments received.
Dated: December 16, 2008.
Linda S. Thomas,
Office of the Secretary, Acting Privacy Officer.
SYSTEM NAME:
Interior, OS-02, ``Individual Indian Monies (IIM) Trust Funds.''
SYSTEM LOCATIONS:
(a) U.S. Department of the Interior, Office of the Special Trustee
for American Indians, 4400 Masthead Street, NE., Albuquerque, NM 87109.
(b) OST field locations including area, agency, and regional
offices.
(c) Offices of contractors processing individual Indian trust fund
accounts.
(d) Tribal offices of tribes that have compacted or contracted the
individual Indian trust fund management function from OST under the
Indian Self-Determination and Education Assistance Act, Pub. L. 93-638,
88 Stat. 2203, as amended.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Indians, Alaska Natives, or their heirs, who have
accounts held in trust status by the Department of the Interior.
CATEGORIES OF RECORDS IN THE SYSTEM:
(a) Data on trust accounts in automated systems including the Trust
Fund Accounting System (TFAS) and the Trust Beneficiary Call Center
Tracking Software (ServiceCenter).
(b) Imaged documents concerning individual Indian trust accounts.
(c) Data related to financial and investment activity from
individual Indian trust accounts.
(d) Data related to custodianship of investments for individual
Indian trust accounts.
(e) Paper records related to individual Indian trust accounts,
including jacket folders, and financial documents such as accounting,
reconciliation, and transaction data related to receipts,
disbursements, investments, and transfers.
The type of information contained in the categories above may
include a person's name, aliases, sex, birth date, address, phone
numbers, e-mail address, Social Security Number, account number, tribal
membership number, blood quantum, and contact information for people
who may know their whereabouts.
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 PURPOSES OF SUCH USES:
The system's main purposes are to:
(a) Manage the collection, investment, distribution, and
disbursement of individual Indian trust income.
(b) Comply with relevant sections of the American Indian Trust Fund
Management Reform Act of 1994, Pub. L. 103-412, 108 Stat. 4239.
(c) Improve customer satisfaction by achieving a high level of
responsiveness to beneficiary inquiries by documenting and tracking
each contact and providing accurate, consistent and timely resolutions.
(d) Enable beneficiaries to receive trust services in a more timely
and convenient manner through modern technology.
(e) Provide information for Indian trust funds program management
purposes.
Disclosures outside the Department of the Interior may be made to:
(a) Individual Indian trust account beneficiaries, their heirs,
guardians, or agents.
(b) Contractors, but only after ensuring that all provisions of the
Privacy Act, the Trade Secrets Act, the Indian Minerals Development
Act, and all other applicable laws, regulations, and policies relating
to contracting and security are met, who:
(1) Provide trust and other services to beneficiaries;
(2) Provide, use, operate or facilitate various components of the
system;
(3) Service and maintain the system for the Department.
(c) The U.S. Department of Justice, or to a court, adjudicative or
other administrative body, or to a party in litigation before a court
or adjudicative or administrative body, when:
(1) One of the following is a party to the proceeding or has an
interest in the proceeding:
(i) The Department or any component of the Department;
(ii) Any Department employee acting in his or her official
capacity;
(iii) Any Department employee acting in his or her individual
capacity where the Department or the Department of Justice has agreed
to represent the employee; or
(iv) The United States, when the Department determines that the
Department is likely to be affected by the proceeding; and
(2) We deem the disclosure to be:
(i) Relevant and necessary to the proceeding; and
(ii) Compatible with the purpose for which we compiled the
information.
(d) The following components of the U.S. Department of Treasury:
(1) Financial Management Service (FMS) for the purpose of providing
fiscal agency services to OST such as, but not limited to, issuing
paper check disbursements to beneficiaries and operating the Direct
Deposit program to send disbursements electronically to the
beneficiary's account with a third-party financial institution;
(2) Internal Revenue Service (IRS) to report beneficiary taxable
income on IRS Form 1099 and to collect debts owed to the government.
(e) The National Archives and Records Administration and their
contractors, for the purpose of providing long-term storage of inactive
individual Indian trust records at the American Indian Records
Repository at Lenexa, Kansas.
(f) Another federal agency to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
(g)(1) To any of the following entities or individuals, when the
circumstances set forth in paragraph (2) are met:
(i) The U.S. Department of Justice (DOI);
(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;
(2) When:
(i) One of the following is a party in 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;
[[Page 77826]]
(D) Any DOI employee acting in his or her individual capacity if
DOI 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.
(h) A congressional office in response to an inquiry received by
that office from the individual to whom the record pertains.
(i) To 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 to 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.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The OST currently stores records in one of two ways:
(a) Paper records (such as jacket files, financial data files,
ledgers, and reports) placed in file cabinets; others are stored in
boxes on shelves.
(b) Automated data and images stored on appropriate media including
but not limited to magnetic tape and on optical and electro-mechanical
disks.
RETRIEVABILITY:
Records are retrieved using either:
(a) Identifiers linked to individual Indian trust beneficiaries
such as name, social security numbers, tribe, tribal enrollment, or
census numbers, or
(b) Organizational links and identifiers such as account numbers,
tribal codes, trust account codes, and other identifiers.
SAFEGUARDS:
Following the requirements under 5 U.S.C. 552a(e)(10) and 43 CFR
2.51(a)(b) for security standards, as well as Office of Management and
Budget and Departmental Guidance and the implementation of appropriate
National Institute of Standards and Technology policies and procedures,
the Office of the Secretary has taken security measures to protect
system documentation by equipping our offices and workplaces with the
following safeguards:
(1) Physical Security: Paper or micro format records are maintained
in locked file cabinets and/or in locked or secured rooms that are
staffed by agency personnel or by those under specific contract,
compact or agreement to work with such records. Storage facilities are
protected by locked entryways or security guards.
(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, cipher lock, key card, and other access controls such
as passwords, database permissions, and software controls.
(3) Administrative Security: All DOI and contractor employees with
access to this system are required to complete Privacy Act, Federal
Records Act, and Security Awareness training prior to being given
access to the system, and on an annual basis, thereafter. In addition,
warning signs are posted to limit access to files except by employees
and contractors. Finally, there are sign-in and sign-out logs for
access to storage facilities by requesters researching, acquiring, or
delivering documents.
RETENTION AND DISPOSAL:
The OST creates, receives and maintains records until such time as
they become inactive. The inactive records are then transferred to the
American Indian Records Repository (AIRR) in Lenexa, Kansas which is
operated in cooperation with the National Archives and Records
Administration. Records are held in accordance with approved records
retention schedules.
SYSTEM MANAGER AND ADDRESS:
Chief of Staff, Office of the Principal Deputy Special Trustee,
4400 Masthead Street NE., Suite 357, Albuquerque, NM 87109.
NOTIFICATION PROCEDURES:
To determine whether your records are in this Privacy Act system of
records, contact the System Manager at the address listed above in
writing. The request must meet the requirements of 43 CFR 2.60. 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) Bureau of Indian Affairs home agency.
(g) Time period(s) that records belonging to you may have been
created or maintained, to the extent known by you. (See 43 CFR
2.60(b)(3)).
RECORD ACCESS PROCEDURES:
To request access to records, contact the System Manager at the
address listed above in writing. The request must meet the requirements
of 43 CFR 2.63. 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) Bureau of Indian Affairs home agency.
(g) Time period(s) that records belonging to you may have been
created or maintained, to the extent known by you.
(h) Specific 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
4.63(b)(5)).
CONTESTING RECORD PROCEDURES:
To request an amendment of a record, contact the System Manager at
the address listed above in writing. The request must meet the
requirements of 43 CFR 2.71.
RECORDS SOURCE CATEGORIES:
(a) Office of the Special Trustee for American Indians, Bureau of
Indian Affairs, Minerals Management Service, Bureau of Land Management,
Office of Hearings and Appeals, and other appropriate agencies in the
Department of the Interior. Other federal, state, and local agencies.
(b) Individual Indian trust beneficiaries, their heirs, relatives
and acquaintances. Depositors into the accounts and claimants against
the accounts.
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(c) Tribal offices if the IIM function is contracted or compacted
under the Indian Self-Determination and Education Assistance Act, Pub.
L. 93-638, 88 Stat. 2203, as amended. Other tribal offices including
enrollment, social services, and education.
(d) Courts of competent jurisdiction, including tribal courts.
(e) Contractors, including but not limited to:
(1) credit bureaus;
(2) news media;
(3) missing persons locators;
(4) and mail list vendors.
(5) Internet searches;
(6) public utilities; and
(7) professional, religious, and social organizations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E8-30192 Filed 12-18-08; 8:45 am]
BILLING CODE 4310-10-P
