Privacy Act of 1974, as Amended; Notice To Amend an Existing System of Records, 68292-68295 [2014-27033]
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68292
Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices
I. Background
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[AAK4000000 A0A3A0000.999900
13XA2100DD]
Privacy Act of 1974, as Amended;
Notice To Amend an Existing System
of Records
Bureau of Indian Affairs,
Interior.
ACTION: Notice of amendment to an
existing system of records.
AGENCY:
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 titled, Trust Asset and
Accounting Management System—
Interior, BIA–04. The amendment
would update the system location,
categories of individuals covered,
categories of records, authority for
maintenance, storage, safeguards,
retention and disposal, system manager
and address, notification procedures,
records access and contesting
procedures, records source categories. It
would also update the routine uses to
include activities related to land
consolidation of fractionated lands. The
system provides the Bureau of Indian
Affairs and tribal users access to trust
asset data and trust asset management
tools to create, modify, and maintain
records relating to land ownership,
contracts and leases, and beneficial
owners.
SUMMARY:
Comments must be received by
December 24, 2014. The amendments to
the system will be effective December
24, 2014.
ADDRESSES: Any person interested in
commenting on this notice may do so
by: Submitting comments in writing to
Scott Christenson, Indian Affairs Acting
Privacy Act Officer, 5600 American
Boulevard West, Ste. 500, Bloomington,
Minnesota 55437; hand-delivering
comments to Scott Christenson, Indian
Affairs Acting Privacy Act Officer, 5600
American Boulevard West, Ste. 500,
Bloomington, Minnesota 55437; or
emailing comments to biaprivacy@
bia.gov.
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DATES:
FOR FURTHER INFORMATION CONTACT:
Deputy Bureau Director, Bureau of
Indian Affairs, Office of Trust Services,
U.S. Department of the Interior, 1849 C
Street NW., MS–4620–MIB,
Washington, DC 20240, or by telephone
at 202–208–5831.
SUPPLEMENTARY INFORMATION:
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The Department of the Interior (DOI),
Bureau of Indian Affairs (BIA),
maintains the ‘‘Trust Asset and
Accounting Management System—
Interior, BIA–04,’’ system of records.
The purpose of this system is to provide
BIA and Tribal users access to trust
asset data and trust asset management
tools to create, modify, and maintain
records relating to land ownership,
contracts and leases, and beneficial
owners. The amendments to the system
will include updating the system
location, categories of individuals
covered by the system, categories of
records in the system, authority for
maintenance of the system, storage,
safeguards, retention and disposal,
system manager and address,
notification procedures, records access
and contesting procedures, records
source categories, and updating the
routine uses to include activities related
to land consolidation of fractionated
lands. This system notice was last
published in the Federal Register on
February 27, 2007, 72 FR 8772–8776.
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 practice 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 records about
individuals that are 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
as a U.S. citizen or lawful permanent
resident. 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.
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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, Trust Asset
and Accounting Management System—
Interior, BIA–04, 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: November 10, 2014.
Teri Barnett,
DOI Privacy Act Officer.
SYSTEM NAME:
Trust Asset and Accounting
Management System—Interior, BIA–04.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained in office
systems and databases at the Bureau of
Indian Affairs, Office of Trust Services,
U.S. Department of the Interior, 1849 C
Street NW., Washington, DC 20240;
other DOI program offices; BIA regional
and field locations; and at DOI
contractor facilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals, non-Indians and Indians,
and Indian tribal entities who are
owners of land held in trust or restricted
status by the Federal Government.
Individuals, non-Indians and Indian,
Indian tribal entities, private businesses
and financial institutions that have a
permit, lease, contract, right-of-way, or
other legal instrument approved by the
Secretary of the Interior that allows
them to use trust or restricted land, or
to extract resources from the trust or
restricted land.
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Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices
This system may also contain
information regarding DOI and BIA
employees and officials who are acting
in their official capacity to administer
program activities, or who are involved
in land title and resource management
functions.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include: (a) A
legal land description, current
ownership, probate and history of
Indian trust lands, including title and
beneficial ownership, and resources
management, classification for all land
held in trust or restricted status by the
Federal Government for the benefit of
Indian tribes and individual Indians; (b)
any encumbrances against the title to
land; (c) name, address, BIA
identification number, phone number,
information about parents of
landowners for identification purposes,
and Social Security number for each
Indian or non-Indian land owner; (d)
name, address, phone number and
Federal tax identification number of
each person or entity who has a permit,
lease, contract, right-of-way, or other
legal instrument approved by the
Secretary of the Interior that allows such
entity to use the trust or restricted land,
or to extract renewable or nonrenewable resources from such land; (e)
name, address, phone number and
Federal taxpayer identification number
of any company that has a permit, lease,
contract, right-of-way or other legal
instrument approved by the Secretary of
the Interior that allows such company to
use the trust or restricted land or to
extract renewable or nonrenewable
resources from such land; (f) the term of
the permit, lease, contract, right-of-way
or other legal instrument; (g) records
concerning individuals which have
arisen as a result of that individual’s
receipt of overpayment(s) relative to
land disposal, leases, sales and rentals;
(h) the trust income collected and
distributed for such permit, lease,
contract, right-of-way or other legal
instrument; and (i) official
correspondence, appraisals, maps,
purchase offers, and other documents
related to land consolidation efforts or
other program activities that may
include name, address, email address,
phone number, age, date of birth, Social
Security number, Tribal enrollment
number, BIA identification number,
land ownership interests in restricted or
fractioned lands, and other information
related to these program activities.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
25 CFR Part 150, Land records and
title documents; 25 CFR Part 151, Land
Acquisitions; 25 CFR Part 152, Issuance
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of patents in fee, certificates of
competency, removal of restrictions,
and sale of certain Indian lands; 25
U.S.C. 311 (The Act of March 3, 1901),
31 Stat. 1084, Public Law 56–382; 25
U.S.C. 393 (The Act of March 3, 1921),
41 Stat. 1232, Public Law. 66–359; 25
U.S.C. 2201 et. seq. (Indian Land
Consolidation Act), 96 Stat. 2515, Public
Law 97–459; 98 Stat. 3171, Public Law
98–608, Public Law 102–238; 25 U.S.C.
415 as amended by P.L. 112–151
(HEARTH Act of 2012); 43 U.S.C. 1601
(The Alaska Native Claims Settlement
Act), 106 Stat. 2112–2125, Public Law
92–203; 25 U.S.C. 406 and 407 (The Act
of June 25, 1910): 36 Stat. 857; 61–313,
78 Stat. 186–187; 25 U.S.C. 413 (The Act
of February 14, 1920), 41 Stat. 415; 47
Stat. 1417; and 25 U.S.C. 2106 (Indian
Mineral Development Act of 1982): 86
Stat. 1940, Public Law 97–382.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
TAAMS is the system of record for
title and land resource management of
Indian Trust and Restricted Land within
the Department of the Interior (DOI) and
the Bureau of Indian Affairs (BIA).
TAAMS provides DOI and Tribal users
access to trust asset data and trust asset
management tools to create, modify and
maintain records for land ownership,
contracts, leases, and beneficial owners.
TAAMS functionalities include title,
leasing, accounting and reporting
modules to maintain and track land title
documents, contracts, right of way,
revenue distributions, invoicing,
collections, acquisitions, legal details
relating to land transactions, receipt and
distribution of trust funds, title status,
owner inventory, chain of title, and oil
and gas royalty distributions. TAAMS
also supports DOI land consolidation
activities, and provides an interface to
Trust Funds Accounting System
(TFAS), an accounting system used to
meet DOI’s fiduciary trust
responsibilities to manage the receipt,
investment, and disbursement of monies
held in trust for individual Indians,
Alaskan Natives, and Tribes.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DOI 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);
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68293
(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
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conduct records management
inspections under the authority of 44
U.S.C. 2904 and 2906.
(7) To state, territorial and local
governments, and tribal organizations to
provide information needed in response
to court order and/or discovery
purposes related to litigation, when the
disclosure is compatible with the
purpose for which the records were
compiled.
(8) To an expert, consultant, or
contractor (including employees of the
contractor) of DOI that performs services
requiring access to these records on
DOI’s behalf to carry out the purposes
of the system.
(9) 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 and the
public, with the approval of the Public
Affairs Officer in consultation with
Counsel and the Senior Agency Official
for Privacy, where there exists a
legitimate public interest in the
disclosure of the information, except to
the extent it is determined that release
of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.
(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 any of the following entities
or individuals, when the entity or
individual makes a written request for
names or mailing addresses of owners of
any interest in trust or restricted lands,
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and information on the location of the
parcel and the percentage of undivided
interest owned by each individual:
(i) Other owners of interests in trust
or restricted lands within the same
reservation;
(ii) The tribe that exercises
jurisdiction over the land where the
parcel is located or any person who is
eligible for membership in that tribe;
and
(iii) Any person that is leasing, using,
or consolidating, or is applying to lease,
use, or consolidate, such trust or
restricted land or the interest in trust or
restricted lands.
(15) To Indian tribes entering into a
contract or compacts of real estate or
title functions under the Indian SelfDetermination and Education
Assistance Act, as amended.
(16) To Indian tribes (including tribal
employees) that (1) operate, or are
eligible to operate, land consolidation
activities on behalf of the Department of
the Interior (DOI), (2) agree to nondisclosure, and (3) submit a request in
writing, upon a determination by the
Department that such activities shall
occur on the tribe’s reservation and
when the information relates to owners
of fractionated land. Information
disclosed may include but not be
limited to the following:
(a) Contact information;
(b) Relevant personal characteristics
of the owner, including age, tribal
membership, and whether alive or
deceased;
(c) Details regarding the type of
ownership, such as the type of interest
and whether the interest is purchasable;
and
(d) Status information on or about
transactions, such as whether an offer
has been sent, accepted or rejected, and
whether the owner is a willing seller.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12),
disclosures may be made to a consumer
reporting agency as defined in the Fair
Credit Reporting Act (15 U.S.C.
1681a(f)) or the Federal Claims
Collection Act of 1996 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are maintained in file
folders stored in file cabinets, and
electronic records are maintained in
password-protected systems, removable
drives, computer servers, email and
databases, and on media such as
magnetic disk, diskette, compact discs
and computer tapes.
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RETRIEVABILITY:
Records are retrieved using either: (a)
An identifier linked to a parcel; (b) an
identifier for a property interest owner,
such as name, Social Security number,
tribe, tribal enrollment number, or
census number; or (c) identifiers linked
to encumbrances on ownership such as
mortgages and rights-of-way.
SAFEGUARDS:
Records are maintained in accordance
with 43 CFR 2.226 and other applicable
security and privacy policies and
standards. Access to records is provided
on a need-to-know basis only. 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 at a secured
Department of the Interior and
contractor facilities. Access to servers is
granted to authorized personnel with
the requisite security clearance and is
based on business necessity in the
performance of official duties. The
Security Plan addresses the
Department’s Privacy Act safeguard
requirements for Privacy Act systems at
43 CFR 2.226. A Privacy Impact
Assessment was conducted to ensure
that Privacy Act 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 records series,
4600, and have been scheduled as
permanent records under National
Archives and Records Administration
(NARA) Job No. N1–075–06–7,
approved March 23, 2006 and NARA
Job No. N1–075–04–4, approved
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–TAAMS,
and have been scheduled as permanent
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Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices
68295
EXEMPTIONS CLAIMED FOR THE SYSTEM:
records under NARA Job No. N1–075–
09–8, approved on February 13, 2013.
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.
you that may be maintained by the
system, or only a specific portion of
them. If you are only seeking a portion
of them, you should describe those
records you are seeking with sufficient
detail to enable the records to be located
with a reasonable amount of effort.
SYSTEM MANAGER AND ADDRESS:
CONTESTING RECORDS PROCEDURES:
Deputy Bureau Director, Bureau of
Indian Affairs, Office of Trust Services,
U.S. Department of the Interior, 1849 C
Street NW., MS 4620–MIB, Washington,
DC 20240.
An individual requesting corrections
or the removal of material from his or
her records should send a signed,
written inquiry to the System Manager
at the address identified above. To
ensure proper handling of your request,
the request envelope and letter should
both be clearly marked ‘‘PRIVACY ACT
REQUEST FOR AMENDMENT.’’ A
request for access must meet the
requirements of 43 CFR 2.246 and
include the following information:
(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) BIA home agency; and
(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you.
Before you make such a request, you
must have requested access to your
records and have either inspected them
or obtained copies of them as described
above. You must also identify which
record or portion thereof you are
contesting, indicate why you believe
that it is not accurate, relevant, timely,
or complete, and provide a copy of any
documents in your possession that
support your claim with your letter. You
may also propose specific language to
implement the changes sought.
Bureau of Land Management
RECORD SOURCE CATEGORIES:
FOR FURTHER INFORMATION CONTACT:
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 at the
address identified above. To ensure
proper handling of your request, the
request envelope and letter should both
be clearly marked ‘‘PRIVACY ACT
INQUIRY.’’ A request for notification
must meet the requirements of 43 CFR
2.235 and include the following
information:
(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) BIA home agency; and
(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you.
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RECORDS ACCESS PROCEDURES:
An individual requesting records on
himself or herself should send a signed,
written inquiry to the System Manager
at the address identified above. To
ensure proper handling of your request,
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 2.238 and include the following
information:
(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) BIA home agency; and
(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you.
Your request should specify whether
you are seeking all of the records about
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Records in the system are obtained
from: (a) DOI Bureaus and Offices
including Bureau of Indian Affairs,
Office of the Special Trustee for
American Indians, Office of Natural
Resources Revenue, Bureau of Land
Management, Office of Hearings and
Appeals, and other Bureaus and Office
programs; (b) other Federal, state and
local agencies; (c) Tribal offices if the
title or realty function is contracted or
compacted under the Indian Self
Determination and Education
Assistance Act, Public Law 93–638; (d)
Courts of competent jurisdiction,
including tribal courts; (e) private,
financial and business institutions, and
entities; and (f) correspondents,
participants, beneficiaries, land owners,
and members of the public.
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None.
[FR Doc. 2014–27033 Filed 11–13–14; 8:45 am]
BILLING CODE 4334–12–P
DEPARTMENT OF THE INTERIOR
[LLNMP00000 L13110000.PP0000
15XL1109PF]
Notice of Public Meeting, Pecos
District Resource Advisory Council
Meeting, Lesser Prairie-Chicken
Habitat Preservation Area of Critical
Environmental Concern (LPC ACEC)
Livestock Grazing Subcommittee, New
Mexico
AGENCY:
Bureau of Land Management,
Interior.
ACTION:
Notice of Public Meeting.
In accordance with the
Federal Land Policy and Management
Act and the Federal Advisory
Committee Act, Bureau of Land
Management’s (BLM) Pecos District
Resource Advisory Council’s (RAC)
Lesser Prairie-Chicken (LPC) Habitat
Preservation Area of Critical
Environmental Concerns (ACEC)
Livestock Grazing Subcommittee will
meet as indicated below.
SUMMARY:
The LPC ACEC Subcommittee
will meet on December 11, 2014, at 1:00
p.m. in the Roswell Field Office, 2909
West Second Street, Roswell, NM
88201. The public may send written
comments to the Subcommittee at the
BLM Pecos District Office, 2909 West
2nd Street, Roswell, New Mexico,
88201.
DATES:
Adam Ortega, Range Management
Specialist, Roswell Field Office, Bureau
of Land Management, 2909 West 2nd
Street, Roswell, New Mexico 88201,
575–627–0204. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8229
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
The 10member Pecos District RAC elected to
create a subcommittee to advise the
Secretary of the Interior, through the
BLM, about possible livestock grazing
within the LPC ACEC. The planned
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Notices]
[Pages 68292-68295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27033]
[[Page 68292]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[AAK4000000 A0A3A0000.999900 13XA2100DD]
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.
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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 titled, Trust Asset and Accounting Management System--Interior,
BIA-04. The amendment would update the system location, categories of
individuals covered, categories of records, authority for maintenance,
storage, safeguards, retention and disposal, system manager and
address, notification procedures, records access and contesting
procedures, records source categories. It would also update the routine
uses to include activities related to land consolidation of
fractionated lands. The system provides the Bureau of Indian Affairs
and tribal users access to trust asset data and trust asset management
tools to create, modify, and maintain records relating to land
ownership, contracts and leases, and beneficial owners.
DATES: Comments must be received by December 24, 2014. The amendments
to the system will be effective December 24, 2014.
ADDRESSES: Any person interested in commenting on this notice may do so
by: Submitting comments in writing to Scott Christenson, Indian Affairs
Acting Privacy Act Officer, 5600 American Boulevard West, Ste. 500,
Bloomington, Minnesota 55437; hand-delivering comments to Scott
Christenson, Indian Affairs Acting Privacy Act Officer, 5600 American
Boulevard West, Ste. 500, Bloomington, Minnesota 55437; or emailing
comments to biaprivacy@bia.gov.
FOR FURTHER INFORMATION CONTACT: Deputy Bureau Director, Bureau of
Indian Affairs, Office of Trust Services, U.S. Department of the
Interior, 1849 C Street NW., MS-4620-MIB, Washington, DC 20240, or by
telephone at 202-208-5831.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Interior (DOI), Bureau of Indian Affairs
(BIA), maintains the ``Trust Asset and Accounting Management System--
Interior, BIA-04,'' system of records. The purpose of this system is to
provide BIA and Tribal users access to trust asset data and trust asset
management tools to create, modify, and maintain records relating to
land ownership, contracts and leases, and beneficial owners. The
amendments to the system will include updating the system location,
categories of individuals covered by the system, categories of records
in the system, authority for maintenance of the system, storage,
safeguards, retention and disposal, system manager and address,
notification procedures, records access and contesting procedures,
records source categories, and updating the routine uses to include
activities related to land consolidation of fractionated lands. This
system notice was last published in the Federal Register on February
27, 2007, 72 FR 8772-8776.
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 practice 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 records
about individuals that are 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 as a U.S. citizen or lawful permanent resident. 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, 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, Trust Asset and Accounting Management System--Interior,
BIA-04, 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: November 10, 2014.
Teri Barnett,
DOI Privacy Act Officer.
SYSTEM NAME:
Trust Asset and Accounting Management System--Interior, BIA-04.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained in office systems and databases at the
Bureau of Indian Affairs, Office of Trust Services, U.S. Department of
the Interior, 1849 C Street NW., Washington, DC 20240; other DOI
program offices; BIA regional and field locations; and at DOI
contractor facilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, non-Indians and Indians, and Indian tribal entities
who are owners of land held in trust or restricted status by the
Federal Government.
Individuals, non-Indians and Indian, Indian tribal entities,
private businesses and financial institutions that have a permit,
lease, contract, right-of-way, or other legal instrument approved by
the Secretary of the Interior that allows them to use trust or
restricted land, or to extract resources from the trust or restricted
land.
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This system may also contain information regarding DOI and BIA
employees and officials who are acting in their official capacity to
administer program activities, or who are involved in land title and
resource management functions.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include: (a) A legal land description,
current ownership, probate and history of Indian trust lands, including
title and beneficial ownership, and resources management,
classification for all land held in trust or restricted status by the
Federal Government for the benefit of Indian tribes and individual
Indians; (b) any encumbrances against the title to land; (c) name,
address, BIA identification number, phone number, information about
parents of landowners for identification purposes, and Social Security
number for each Indian or non-Indian land owner; (d) name, address,
phone number and Federal tax identification number of each person or
entity who has a permit, lease, contract, right-of-way, or other legal
instrument approved by the Secretary of the Interior that allows such
entity to use the trust or restricted land, or to extract renewable or
non-renewable resources from such land; (e) name, address, phone number
and Federal taxpayer identification number of any company that has a
permit, lease, contract, right-of-way or other legal instrument
approved by the Secretary of the Interior that allows such company to
use the trust or restricted land or to extract renewable or
nonrenewable resources from such land; (f) the term of the permit,
lease, contract, right-of-way or other legal instrument; (g) records
concerning individuals which have arisen as a result of that
individual's receipt of overpayment(s) relative to land disposal,
leases, sales and rentals; (h) the trust income collected and
distributed for such permit, lease, contract, right-of-way or other
legal instrument; and (i) official correspondence, appraisals, maps,
purchase offers, and other documents related to land consolidation
efforts or other program activities that may include name, address,
email address, phone number, age, date of birth, Social Security
number, Tribal enrollment number, BIA identification number, land
ownership interests in restricted or fractioned lands, and other
information related to these program activities.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
25 CFR Part 150, Land records and title documents; 25 CFR Part 151,
Land Acquisitions; 25 CFR Part 152, Issuance of patents in fee,
certificates of competency, removal of restrictions, and sale of
certain Indian lands; 25 U.S.C. 311 (The Act of March 3, 1901), 31
Stat. 1084, Public Law 56-382; 25 U.S.C. 393 (The Act of March 3,
1921), 41 Stat. 1232, Public Law. 66-359; 25 U.S.C. 2201 et. seq.
(Indian Land Consolidation Act), 96 Stat. 2515, Public Law 97-459; 98
Stat. 3171, Public Law 98-608, Public Law 102-238; 25 U.S.C. 415 as
amended by P.L. 112-151 (HEARTH Act of 2012); 43 U.S.C. 1601 (The
Alaska Native Claims Settlement Act), 106 Stat. 2112-2125, Public Law
92-203; 25 U.S.C. 406 and 407 (The Act of June 25, 1910): 36 Stat. 857;
61-313, 78 Stat. 186-187; 25 U.S.C. 413 (The Act of February 14, 1920),
41 Stat. 415; 47 Stat. 1417; and 25 U.S.C. 2106 (Indian Mineral
Development Act of 1982): 86 Stat. 1940, Public Law 97-382.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
TAAMS is the system of record for title and land resource
management of Indian Trust and Restricted Land within the Department of
the Interior (DOI) and the Bureau of Indian Affairs (BIA). TAAMS
provides DOI and Tribal users access to trust asset data and trust
asset management tools to create, modify and maintain records for land
ownership, contracts, leases, and beneficial owners. TAAMS
functionalities include title, leasing, accounting and reporting
modules to maintain and track land title documents, contracts, right of
way, revenue distributions, invoicing, collections, acquisitions, legal
details relating to land transactions, receipt and distribution of
trust funds, title status, owner inventory, chain of title, and oil and
gas royalty distributions. TAAMS also supports DOI land consolidation
activities, and provides an interface to Trust Funds Accounting System
(TFAS), an accounting system used to meet DOI's fiduciary trust
responsibilities to manage the receipt, investment, and disbursement of
monies held in trust for individual Indians, Alaskan Natives, and
Tribes.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOI 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
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conduct records management inspections under the authority of 44 U.S.C.
2904 and 2906.
(7) To state, territorial and local governments, and tribal
organizations to provide information needed in response to court order
and/or discovery purposes related to litigation, when the disclosure is
compatible with the purpose for which the records were compiled.
(8) To an expert, consultant, or contractor (including employees of
the contractor) of DOI that performs services requiring access to these
records on DOI's behalf to carry out the purposes of the system.
(9) 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 and the public, with the approval of the
Public Affairs Officer in consultation with Counsel and the Senior
Agency Official for Privacy, where there exists a legitimate public
interest in the disclosure of the information, except to the extent it
is determined that release of the specific information in the context
of a particular case would constitute an unwarranted invasion of
personal privacy.
(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 any of the following entities or individuals, when the
entity or individual makes a written request for names or mailing
addresses of owners of any interest in trust or restricted lands, and
information on the location of the parcel and the percentage of
undivided interest owned by each individual:
(i) Other owners of interests in trust or restricted lands within
the same reservation;
(ii) The tribe that exercises jurisdiction over the land where the
parcel is located or any person who is eligible for membership in that
tribe; and
(iii) Any person that is leasing, using, or consolidating, or is
applying to lease, use, or consolidate, such trust or restricted land
or the interest in trust or restricted lands.
(15) To Indian tribes entering into a contract or compacts of real
estate or title functions under the Indian Self-Determination and
Education Assistance Act, as amended.
(16) To Indian tribes (including tribal employees) that (1)
operate, or are eligible to operate, land consolidation activities on
behalf of the Department of the Interior (DOI), (2) agree to non-
disclosure, and (3) submit a request in writing, upon a determination
by the Department that such activities shall occur on the tribe's
reservation and when the information relates to owners of fractionated
land. Information disclosed may include but not be limited to the
following:
(a) Contact information;
(b) Relevant personal characteristics of the owner, including age,
tribal membership, and whether alive or deceased;
(c) Details regarding the type of ownership, such as the type of
interest and whether the interest is purchasable; and
(d) Status information on or about transactions, such as whether an
offer has been sent, accepted or rejected, and whether the owner is a
willing seller.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made to a
consumer reporting agency as defined in the Fair Credit Reporting Act
(15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1996 (31
U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are maintained in file folders stored in file
cabinets, and electronic records are maintained in password-protected
systems, removable drives, computer servers, email and databases, and
on media such as magnetic disk, diskette, compact discs and computer
tapes.
RETRIEVABILITY:
Records are retrieved using either: (a) An identifier linked to a
parcel; (b) an identifier for a property interest owner, such as name,
Social Security number, tribe, tribal enrollment number, or census
number; or (c) identifiers linked to encumbrances on ownership such as
mortgages and rights-of-way.
SAFEGUARDS:
Records are maintained in accordance with 43 CFR 2.226 and other
applicable security and privacy policies and standards. Access to
records is provided on a need-to-know basis only. 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 at a secured Department
of the Interior and contractor facilities. Access to servers is granted
to authorized personnel with the requisite security clearance and is
based on business necessity in the performance of official duties. The
Security Plan addresses the Department's Privacy Act safeguard
requirements for Privacy Act systems at 43 CFR 2.226. A Privacy Impact
Assessment was conducted to ensure that Privacy Act 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
records series, 4600, and have been scheduled as permanent records
under National Archives and Records Administration (NARA) Job No. N1-
075-06-7, approved March 23, 2006 and NARA Job No. N1-075-04-4,
approved 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-TAAMS, and have been scheduled as
permanent
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records under NARA Job No. N1-075-09-8, approved on February 13, 2013.
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.
SYSTEM MANAGER AND ADDRESS:
Deputy Bureau Director, Bureau of Indian Affairs, Office of Trust
Services, U.S. Department of the Interior, 1849 C Street NW., MS 4620-
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 at the address identified above. To ensure proper
handling of your request, the request envelope and letter should both
be clearly marked ``PRIVACY ACT INQUIRY.'' A request for notification
must meet the requirements of 43 CFR 2.235 and include the following
information:
(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) BIA home agency; and
(g) Time period(s) that records belonging to you may have been
created or maintained, to the extent known by you.
RECORDS ACCESS PROCEDURES:
An individual requesting records on himself or herself should send
a signed, written inquiry to the System Manager at the address
identified above. To ensure proper handling of your request, 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 2.238 and include the following information:
(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) BIA home agency; and
(g) Time period(s) that records belonging to you may have been
created or maintained, to the extent known by you.
Your request should specify whether you are seeking all of the
records about you that may be maintained by the system, or only a
specific portion of them. If you are only seeking a portion of them,
you should describe those records you are seeking with sufficient
detail to enable the records to be located with a reasonable amount of
effort.
CONTESTING RECORDS PROCEDURES:
An individual requesting corrections or the removal of material
from his or her records should send a signed, written inquiry to the
System Manager at the address identified above. To ensure proper
handling of your request, the request envelope and letter should both
be clearly marked ``PRIVACY ACT REQUEST FOR AMENDMENT.'' A request for
access must meet the requirements of 43 CFR 2.246 and include the
following information:
(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) BIA home agency; and
(g) Time period(s) that records belonging to you may have been
created or maintained, to the extent known by you.
Before you make such a request, you must have requested access to
your records and have either inspected them or obtained copies of them
as described above. You must also identify which record or portion
thereof you are contesting, indicate why you believe that it is not
accurate, relevant, timely, or complete, and provide a copy of any
documents in your possession that support your claim with your letter.
You may also propose specific language to implement the changes sought.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from: (a) DOI Bureaus and
Offices including Bureau of Indian Affairs, Office of the Special
Trustee for American Indians, Office of Natural Resources Revenue,
Bureau of Land Management, Office of Hearings and Appeals, and other
Bureaus and Office programs; (b) other Federal, state and local
agencies; (c) Tribal offices if the title or realty function is
contracted or compacted under the Indian Self Determination and
Education Assistance Act, Public Law 93-638; (d) Courts of competent
jurisdiction, including tribal courts; (e) private, financial and
business institutions, and entities; and (f) correspondents,
participants, beneficiaries, land owners, and members of the public.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2014-27033 Filed 11-13-14; 8:45 am]
BILLING CODE 4334-12-P