Privacy Act of 1974, as Amended; Notice To Amend an Existing System of Records, 59733-59736 [2011-24808]

Agencies

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

[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59733-59736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24808]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Privacy Act of 1974, as Amended; Notice To Amend an Existing 
System of Records

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of amendment to an existing system of records.

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

SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior (DOI) is issuing a public 
notice of its intent to amend Bureau of Indian Affairs (BIA) Privacy 
Act system of records, ``Tribal Rolls--Interior, BIA-7'' to change the 
name of the system to the ``Tribal Enrollment Reporting and Payment 
System, Interior/BIA-7,'' and update the categories of individuals and 
records in the system, the authorities, routine uses, and policies and 
practices for records storage and disposition. This system is used to 
assist the Bureau of Indian Affairs in collecting data and analyzing 
applications to determine an individual's eligibility to share in 
judgment fund distributions authorized by plans prepared pursuant to 
Federal legislation. It also assists BIA in calling and conducting 
Secretarial elections.

DATE: Comments must be received by November 7, 2011.

ADDRESSES: Any person interested in commenting on this notice may do so 
by: submitting comments in writing to Willie Chism, Indian Affairs 
Privacy Act Officer, 625 Herndon Parkway, Herndon, Virginia 20170; 
hand-delivering comments to Willie Chism, Indian Affairs Privacy Act 
Officer, 625 Herndon Parkway, Herndon, Virginia 20170; or e-mailing 
comments to willie.chism@bia.gov.

FOR FURTHER INFORMATION CONTACT: Deputy Bureau Director for Indian 
Services, 1849 C Street, NW., MS 4513-MIB, Washington, DC 20240 or 202-
513-7640.

SUPPLEMENTARY INFORMATION:

I. Background

    The BIA maintains the ``Tribal Rolls--Interior, BIA-7'' system of 
records, which it is renaming the ``Tribal Enrollment Reporting and 
Payment System, Interior/BIA-7.'' The BIA Tribal Enrollment Reporting 
and Payment System functions as a central database for Tribal 
enrollment records. The purpose of this system is to assist BIA to 
determine an individual's eligibility to share in judgment fund 
distributions authorized by plans prepared pursuant to 25 U.S.C. 
Section 1401, Funds appropriated in satisfaction of judgments of Indian 
Claims Commission or United States Court of Federal Claims. It also 
assists BIA in calling and conducting Secretarial elections under 25 
CFR Part 81, Tribal Reorganization under a Federal Statute. The 
amendments to the system will include revising the system name and 
adding a routine use to comply with 5 U.S.C. 552a(b)(3) of the Privacy 
Act specifically applying to the disclosure of information in 
connection with response and remedial efforts in the event of a data 
breach. Other amendments will include updating data in the following 
fields: System location, categories of individuals and records in the 
system, authorities, routine uses, storage, retrievability, safeguards, 
retention and disposal, system manager and address, notification 
procedures, records access procedures, contesting records procedures 
and record source categories. This system notice was last published on 
August 21, 1990 (55 FR 34085).
    The amendments to the system will be effective as proposed at the 
end of the comment period (the comment period will end 40 days after 
the publication of this notice in the Federal Register), unless 
comments are received which would require a contrary determination. DOI 
will publish a revised notice if changes are made based upon a review 
of the comments received.

II. Privacy Act

    The Privacy Act of 1974, as amended (5 U.S.C. 552a), embodies fair 
information principles in a statutory framework governing the means by 
which Federal Agencies collect, maintain, use, and disseminate 
individuals' personal information. The Privacy Act applies to 
information that is maintained in a ``system of records.'' A ``system 
of records'' is a group of any records under the control of an agency 
for which information is retrieved by the name of an individual or by 
some identifying number, symbol, or other identifying particular 
assigned to the individual. In the Privacy Act, an individual is 
defined to encompass U.S. citizens or lawful permanent residents. As a 
matter of policy, DOI extends

[[Page 59734]]

administrative Privacy Act protections to all individuals. Individuals 
may request access to their own records that are maintained in a system 
of records in the possession or under the control of DOI by complying 
with DOI Privacy Act regulations, 43 CFR part 2.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such 
records within the agency. Below is the description of the Bureau of 
Indian Affairs, Tribal Enrollment Reporting and Payment System, 
Interior/BIA-7 system of records.
    In accordance with 5 U.S.C. 552a(r), DOI has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

III. Public Disclosure

    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.

    Dated: September 2, 2011.
Willie S. Chism,
 Indian Affairs Privacy Act Officer, Assistant Secretary--Indian 
Affairs.

SYSTEM NAME:
    Tribal Enrollment Reporting and Payment System, Interior/BIA-7.

SYSTEM LOCATION:
    This system is located at the Bureau of Indian Affairs, Office of 
Information Operations (OIO), 1011 Indian School Road, NW., Suite 177, 
Albuquerque, NM 87104. Records may also be located in regional offices 
responsible for collecting data and analyzing applications to determine 
an individual's eligibility to share in judgment fund distributions, 
and calling and conducting Secretarial elections.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individual Indians who are applying for or have been assigned 
interests of any kind in Indian tribes, bands, pueblos or corporations, 
and individuals who are eligible to vote in Secretarial elections.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains documents supporting individual Indian claims 
to interests in Indian tribal groups and includes name, maiden name, 
alias, address, date of birth, social security number, blood degree, 
enrollment/BIA number, date of enrollment, enrollment status, 
certification by the tribal governing body, telephone number, e-mail 
address, account number, marriages, death notices, records of actions 
taken (approvals, rejections, appeals), rolls of approved individuals; 
records of actions taken (judgment distributions, per capita payments, 
shares of stock); ownership and census data taken using the rolls as a 
base, records concerning individuals which have arisen as a result of 
that individual's receipt of funds or income to which that individual 
was not entitled or the entitlement was exceeded in the distribution of 
such funds.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    25 U.S.C. Section 1401, Funds appropriated in satisfaction of 
judgments of Indian Claims Commission or United States Court of Federal 
Claims; and 25 CFR part 81, Tribal Reorganization under a Federal 
Statute.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The purpose of this system is to assist the BIA in collecting data 
to determine an Indian individual's eligibility to share in judgment 
fund distributions authorized by plans prepared pursuant to 25 U.S.C. 
Section 1401, Funds appropriated in satisfaction of judgments of Indian 
Claims Commission or United States Court of Federal Claims. The system 
also assists BIA in calling and conducting Secretarial elections under 
25 CFR part 81, Tribal Reorganization under a Federal Statute.
    Disclosures outside DOI may be made without the consent of the 
individual to whom the record pertains under the routine uses listed 
below:
    (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 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 purpose 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 
the 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

[[Page 59735]]

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) 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.
    (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.
    (13) To a consumer reporting agency if the disclosure requirements 
of the Debt Collection Act, as outlined at 31 U.S.C. 3711(e)(1), have 
been met.
    (14) To the Tribe, Band, Pueblo or Corporation of which the 
individual to whom a record pertains is a member or a stockholder.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in paper form in file folders, locked file 
cabinets, and electronic media such as personal computers, magnetic 
disk, diskette, and computer tapes. The electronic records are 
contained in removable drives, computers, e-mail and electronic 
databases.

RETRIEVABILITY:
    Records in the system can be retrieved by name, maiden name, alias, 
enrollment/BIA number, social security number, date of birth, and 
enrollment status.

SAFEGUARDS:
    Records are maintained in accordance with 43 CFR 2.51, Privacy Act 
Safeguards for records. Access is provided on a need-to-know basis. 
During working hours, paper records are maintained in locked file 
cabinets under the control of authorized personnel.
    Electronic records are safeguarded by permissions set to 
``Authenticated Users'' which requires password login. The computer 
servers in which records are stored are located in Department of the 
Interior facilities that are secured by alarm systems and off-master 
key access. Access granted to individuals is password protected. The 
Department's Privacy Act Warning Notice appears on the monitor screens 
when users access the system. Backup tapes are stored in a locked and 
controlled room, in a secure off-site location. The tapes are kept on 
the Data Center Floor for several weeks and then shipped to Iron 
Mountain, a secure off site location. Access to the Data Center is 
controlled by key card and only a select number of people have access. 
The Security Plan addresses the Department's Privacy Act minimum 
safeguard requirements for Privacy Act systems at 43 CFR 2.51. A 
Privacy Impact Assessment was conducted to ensure that Privacy Act 
requirements and safeguard requirements are met. The assessment 
verified that appropriate controls and safeguards are in place. 
Personnel authorized to access the system must complete all Security, 
Privacy, and Records management training and sign the Rules of 
Behavior.

RETENTION AND DISPOSAL:
    Paper records are covered by Indian Affairs Records Schedule (IARS) 
records series 3700, and have been scheduled as permanent records under 
NARA Job No. N1-075-05-1 approved on March 31, 2005. Records are 
maintained in the office of records for a maximum of 5 years after the 
end of the calendar year in which tribal membership rolls are 
completed, when enrollments are updated, when enrollment periods are 
completed, when memberships are closed, and when per capita payments 
are disbursed to tribal members. The records are then retired to the 
American Indian Records Repository which is a Federal Records Center. 
In accordance with the Indian Affairs Records Schedule, the subsequent 
legal transfer of records to the National Archives of the United States 
will be as jointly agreed to between the United States Department of 
the Interior and the National Archives and Records Administration 
(NARA).
    A records retention schedule for the electronic records in this 
system is being developed and will be submitted to NARA for scheduling 
and approval. Pending approval by NARA, electronic records will be 
treated as permanent records. Data backups or copies captured on 
magnetic disk, diskette and computer tapes that are maintained 
separately from database files are temporary and are retained in 
accordance with General Records Schedules (GRS) 20/8 and 24/4(a).

SYSTEM MANAGER AND ADDRESS:
    Deputy Bureau Director for Indian Services, 1849 C Street, NW., MS 
4513-MIB, Washington, DC 20240.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
on himself or herself should send a signed, written inquiry to the 
System Manager identified above. The request envelope and letter should 
both be clearly marked ``PRIVACY ACT INQUIRY.'' A request for 
notification must meet the requirements of 43 CFR 2.60.

RECORDS ACCESS PROCEDURES:
    An individual requesting records on himself or herself should send 
a signed, written inquiry to the System Manager identified above. The 
request should describe the records sought as specifically as possible. 
The request envelope and letter should both be clearly marked ``PRIVACY 
ACT REQUEST FOR ACCESS.'' A request for access must meet the 
requirements of 43 CFR 2.63.

CONTESTING RECORDS PROCEDURES:
    An individual requesting corrections or the removal of material 
from his or her records should send a signed, written request to the 
System Manager identified above. A request for corrections or removal 
must meet the requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Records are obtained from individual Indians who are applying for 
or have been assigned interests of any kind in Indian tribes, bands, 
pueblos or corporations, and individuals who register to vote in 
Secretarial elections. Records are also obtained directly from tribal 
governing bodies of Federally Recognized Indian Tribes. These tribes 
may submit enrollment information by tribal resolutions and code 
sheets.

[[Page 59736]]

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2011-24808 Filed 9-26-11; 8:45 am]
BILLING CODE 4310-4J-P