[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Pages 12182-12184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5796]


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NATIONAL INDIAN GAMING COMMISSION


Privacy Act Procedures

AGENCY: National Indian Gaming Commission.

ACTION: Notice of a new system of records.

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SUMMARY: The purpose of this document is to publish, as required by 5 
U.S.C. 552a(e) and OMB Circular A-130, a notification of a system of 
records. The need for such a system arises as a result of laws 
regulating certain types of gaming on Indian lands.

DATES: This action will be effective without further notice on April 
10, 2004, unless comments are received which result in a contrary 
determination.

ADDRESSES: Comments may be mailed to: National Indian Gaming 
Commission, System of Records Notice Comments, 1441 L Street, NW., 
Suite 9100, Washington, DC 20005, delivered to that address between 
8:30 a.m. and 5:30 p.m., Monday through Friday, or faxed to (202) 632-
7066 (this is not a toll-free number). Comments may be inspected 
between 9 a.m. and noon, and between 2 p.m. and 5 p.m. at the above 
address.

FOR FURTHER INFORMATION CONTACT: John R. Hay at (202) 632-7003; fax 
(202) 632-7066 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: Congress established the National Indian 
Gaming Commission (NIGC or Commission) under the Indian Gaming 
Regulatory Act of 1988 (25 U.S.C. 2701 et seq.) (IGRA) to regulate 
gaming on Indian lands. The scope of this notice covers information 
necessary to ensure proper oversight of contract managers of gaming 
operations on Indian lands. The IGRA requires the Chairman to (1) 
obtain background information on each person having a direct financial 
interest in, or management responsibility for, a management contract, 
(2) conduct background investigations of such persons, and (3) make a 
determination as to the persons's suitability for Indian gaming. The 
Commission stores all such information in a system of records. Hence, 
the need arises for a system of records notice.


[[Page 12183]]

NIGC-2

System name:
    Management Contract Individuals Record System.

Security classification:
    Not classified.

System location:
    National Indian Gaming Commission, 1441 L Street, NW., Suite 9100, 
Washington, DC 20005, and in the field locations of financial 
background investigators.

Categories of individuals covered by the system:
    Persons with a financial interest in, or management responsibility 
for, a management contract as defined under 25 CFR part 502.

Categories of records in the system:
    Copies of applications; background and financial information 
collected by staff and copies of reports of background investigations. 
Such information includes: (1) Full name, other names used, social 
security number(s) and birth date; (2) business and employment 
positions held, business and residence addresses, drivers license 
numbers; (3) the names and current addresses of personal references; 
(4) current business and residence telephone numbers; (5) a description 
of any previous business relationships with the gaming industry 
generally; (6) a description of any previous business relationships 
with Indian tribes; (7) the name and address of any licensing or 
regulatory agency with which the person has filed an application for 
license or permit relating to gaming; (8) for any felony for which 
there is an ongoing prosecution or conviction, the charge, the name and 
address of the court involved, and the date of disposition; (9) for any 
misdemeanor conviction or ongoing misdemeanor prosecution, the name and 
address of the court involved and the date and disposition; and (10) 
whatever other information the NIGC deems relevant.

Authority for maintenance of the system:
    25 U.S.C. 2711.

Purpose:
    Used by Commission members and staff to verify suitability of 
persons with a financial interest in, or management responsibility for, 
a management contract.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. To disclose relevant information to Federal, State, tribal, or 
local law enforcement or regulatory agencies to verify information 
supplied by applicants in connection with determining suitability.
    2. To disclose relevant information to tribes that engage 
management contractors to manage their Indian gaming operations.
    3. In the event that records in this system indicate a violation or 
potential violation of law, criminal, civil, or regulatory in nature, 
the relevant records may be referred to the agency charged with 
responsibility for investigating or prosecuting such violation.
    4. To disclose relevant information to a congressional office from 
the record of an individual in response to an inquiry from the 
congressional office made at the request of that individual.
    5. To disclose relevant information to a Federal, State, local, or 
tribal agency (or their agents) that is involved in civil, criminal or 
regulatory investigations or prosecutions or investigations of 
activities while associated with a gaming operation to protect the 
integrity of Indian gaming.
    6. To disclose relevant information to Indian tribal officials who 
have need for the information in the performance of their official 
duties.

Disclosure to consumer reporting agencies:
    No disclosures are made to consumer reporting agencies.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records by the system:
Storage:
    Paper files, electronic media, and other computer storage devices.

Retrievability:
    Individual applicant name, gaming operation, management contractor, 
social security number, and birth date.

Safeguards:
    During business hours, folders are maintained in locked cabinets to 
which only authorized personnel have access; automated records are 
protected by computer passwords and tape or disc library physical 
security. At the main facility the building has security guards and a 
secured door, and all entrances are monitored by electronic 
surveillance equipment after business hours.

Retention and disposal:
    Records are retained and disposed of in accordance with National 
Archives and Records Administration requirements. Applications and 
summary reports are retained for 10 years; other information is 
retained for shorter periods. Individuals may request a copy of the 
disposition instructions from the NIGC Privacy Act Officer.

System manager and address:
    Records Manager, National Indian Gaming Commission, 1441 L Street, 
NW., Suite 9100, Washington, DC 20005.

Notification procedure:
    Persons wishing to inquire whether the System contains information 
concerning them may submit inquiries to the Privacy Act Officer, NIGC, 
at the address above. Such persons must provide proof of their identity 
by including a statement, signed by the person and either notarized or 
witnessed by two persons (including addresses of witnesses). The 
statement must be that the person is who he or she claims to be. If a 
person makes an inquiry in person, such person must present the 
Commission with a statement signed by the person and either notarized 
or witnessed by two persons (including addresses of witnesses).

Record access procedures:
    Persons wishing access to their records should contact the Privacy 
Act Officer, NIGC, at the address above. Such persons must provide 
proof of their identity by including a statement, signed by the 
individual and either notarized or witnessed by two persons (including 
addresses of witnesses). The statement must be that the person is who 
he or she claims to be. If a person makes an inquiry in person, such 
person must present the Commission with a statement signed by the 
person and either notarized or witnessed by two persons (including 
addresses of witnesses). Such persons must comply with the Privacy Act 
regulations.

Contesting record procedures:
    Any person who has reviewed a record pertaining to him or her may 
request that the Commission amend all or any part of that record by 
sending a request to the Privacy Act Officer. A request must contain 
the name of the person requesting the amendment, the name of the system 
of records where the record is maintained, a copy of the record to be 
amended or a description of that record, a statement of the material 
requested to be amended, and the basis for amendment, including 
material that substantiates the reason for the amendment.

Record source categories:
    Individual applications for background investigations; background 
investigation reports compiled by the

[[Page 12184]]

NIGC and sources including tribes, Office of Personnel Management, or 
by contractors; persons interviewed as part of a background 
investigation; Federal, state, foreign, tribal, and local law 
enforcement and regulatory agencies; Commission staff and members; 
credit bureaus.

Exemptions claimed for the system:
    Under 5 U.S.C. 552a(k)(2) the Commission is claiming exemptions 
from certain provisions of the Act for portions of its records. The 
exemptions and the reasons for them are described in the regulations.

    Dated: March 10, 2004.
Philip N. Hogen,
Chairman, National Indian Gaming Commission.
[FR Doc. 04-5796 Filed 3-12-04; 8:45 am]
BILLING CODE 7565-01-P