Privacy Act of 1974; as amended; Notice to Amend an Existing System of Records, 7804-7807 [2013-02359]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7804-7807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02359]


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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 an amendment to an existing system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior is issuing a public notice of 
its intent to amend the Bureau of Indian Affairs Privacy Act system of 
records, ``National Irrigation Information Management System (NIIMS), 
Interior, BIA-34,'' to update the system location, categories of 
individuals covered by the system, categories of records in the system, 
authority for maintenance of the system, routine uses, storage, 
safeguards, retention and disposal, system manager and address, and 
records source categories. The National Irrigation Information 
Management System is a collection, debt management, and billing system 
utilized by various Indian irrigation projects operated by the Bureau 
of Indian Affairs. The system facilitates the revenue and collections 
business cycle, including billing for the construction, operation and 
maintenance costs of the project which are reimbursable to the Federal 
government.

DATE: Comments must be received by March 18, 2013.

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, 12220 Sunrise Valley Drive, Reston, Virginia 
20191; hand-delivering comments to Willie Chism, Indian Affairs Privacy 
Act Officer, 12220 Sunrise Valley Drive, Reston, Virginia 20191; or 
emailing comments to Willie.Chism@bia.gov.

FOR FURTHER INFORMATION CONTACT: Program Manager, Bureau of Indian 
Affairs, Office of Trust Services, Division of Water and Power, Denver 
West Office Park, Building 54, 13922 Denver West Parkway, Suite 300, 
Lakewood, Colorado 80401, or telephone number (303) 231-5246.

SUPPLEMENTARY INFORMATION:

I. Background

    The Bureau of Indian Affairs (BIA) maintains the ``National 
Irrigation Information Management System (NIIMS), Interior, BIA-34'' 
system of records. The primary purpose of this system is to facilitate 
billing, debt management, and collection of construction, operation and 
maintenance costs for irrigation projects that are reimbursable to the 
Federal government. The changes to the system include updating the 
system location, categories of individuals covered by the system, 
categories of records in the system, authority for maintenance of the 
system, routine uses, storage, safeguards, retention and disposal, 
system manager and address, and records source categories. The system 
notice was last published in the Federal Register on July 15, 2008 
(Volume 73, Number 136).
    The amendments to the system notice 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. The 
Department of the Interior (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 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 and the routine uses of each 
system to make agency record-keeping practices transparent, notify 
individuals regarding the uses of their records, and assist individuals 
to more easily find such records within the agency. Below is the 
description of the Bureau of Indian Affairs ``National

[[Page 7805]]

Irrigation Information Management System (NIIMS), Interior, BIA-34,'' 
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, email 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: January 16, 2013.
Willie S. Chism,
Indian Affairs Privacy Act Officer, Office of the Assistant Secretary 
for Indian Affairs.

SYSTEM NAME:
    National Irrigation Information Management System (NIIMS), 
Interior, BIA-34.

SYSTEM LOCATION:
    The 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 at the BIA, Office 
of Trust Services, Division of Water and Power, Denver West Office 
Park, Building 54, 13922 Denver West Parkway, Suite 300, Lakewood, 
Colorado 80401; BIA Regions, agencies; and other BIA locations 
responsible for billing, debt collection, and debt management for 
customers of Indian irrigation, operation and maintenance, and 
construction projects operated by the BIA.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include current and former 
landowners and lessees, Federal employees, state and local government 
employees, Tribal government officials, and other individuals 
responsible for reimbursing the government for the construction of 
Indian Irrigation Projects or to whom the operation and maintenance 
costs of the projects have been or will be assessed, and other 
individuals with whom business is conducted.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) This system contains records such as, deeds, maps, land 
surveys, leases, land designation, land re-designation records 
reflecting current and former owners of land and lessees on which 
Indian Irrigation projects are constructed, including name, social 
security number, account/ID, whether the owner is a Federal entity 
(exempt from certain collection actions), Indian (pertinent to revenue 
classification), or whether the land is fee or trust, tax 
identification number, Indian identification number, owner or customer 
identification number, phone number, name, address, permits and leases; 
2) billing information, including name of debtor, address, tax 
identification number, social security number, ownership interests, 
rate billed, amount charged, interest and penalty, collection actions, 
name of the person who remits payment, check number, and amount paid; 
and 3) information about land on which irrigation projects are 
constructed, including land construction data, county assigned district 
identifier, acreage, description of location, name of owner or lessee, 
water delivery location, time and date of requested water delivery, 
duration of water delivery, rate of water flow, crop statistics, and 
the value of the construction debt allocated to the land.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    25 U.S.C. Chapter 11, Irrigation of Allotted Lands; 31 U.S.C. 3711, 
Collection and Compromise; and 25 CFR Part 171, Irrigation Operations 
and Maintenance.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary purpose of the system is for billing, to properly 
account for realized receivables (stemming from costs reimbursable to 
the Federal government) and to demand payment for them. The system is 
also routinely used for tracking account balances, reporting, and for 
debt management including collections and other actions (such as write-
off), to facilitate financial accounting, compliance, collections and 
debt management.
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, disclosures outside DOI may be made as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (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

[[Page 7806]]

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) 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. Sec.  3711(e)(1), 
have been met.
    (14) To owners of land on which Indian irrigation projects are 
constructed, operated and maintained (including individual Indian and 
non-Indians and private sector parties (businesses)) to verify receipt 
of their payment.

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 stored in file 
cabinets, and electronic media such as computers, magnetic disk, 
diskette, and computer tapes. The electronic records are contained in 
removable drives, computer servers, email and databases.

RETRIEVABILITY:
    Customer records are retrieved by name or customer identification 
number. Ownership information is retrieved by owner name, unit serial 
number, or owner identification number. Land information is retrieved 
by unit serial number.

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 permission 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. 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 floor 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 Schedules 
records series 4900, and have been scheduled as permanent records under 
National Archives and Records Administration (NARA) Job No. N1-075-0406 
approved on November 21, 2003. Records are maintained for a maximum of 
5 years or when no longer needed for current business operations and 
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 NARA.
    Electronic records in this system are covered by Indian Affairs 
Records Schedules records series 2200-NIIMS, and have been scheduled as 
permanent records under NARA Job N1-075-07-4 approved on September 10, 
2007. Records are maintained for a maximum of 2 years or when no longer 
needed for current business operations and then retired to the American 
Indian Records Repository. 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 20/8 and 24/4(a).

SYSTEM MANAGER AND ADDRESS:
    Program Manager, Bureau of Indian Affairs, Office of Trust 
Services, Division of Water and Power, Denver West Office Park, 
Building 54, 13922 Denver West Parkway, Suite 300, Lakewood, Colorado 
80401.

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:
    Information in the system is obtained directly from current and 
former landowners and lessees, state and local government employees, 
and other individuals responsible for reimbursing the government for 
the construction of Indian Irrigation Projects or to whom the operation 
and maintenance costs of the projects have been or will be assessed, 
and other individuals with

[[Page 7807]]

whom business is conducted. Information may also be manually extracted 
from other in-house BIA records such as realty and probate records, 
records obtained from county assessors and title companies, from tribal 
documents, from information collected from the U.S. Department of the 
Treasury, and information extracted from native allotment files by 
authorized BIA employees.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2013-02359 Filed 2-1-13; 8:45 am]
BILLING CODE 4310-4J-P