[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40595-40597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16098]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Privacy Act of 1974, as Amended; Amendment of an Existing System 
of Records

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed amendment of existing Privacy Act system of records.

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SUMMARY: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the 
Bureau of Indian Affairs (BIA) is issuing public notice of its intent 
to amend an existing Privacy Act system of records notice entitled 
Interior, BIA--13 ``Indian Loan Files,'' published at 48 FR 41098 
(September 13, 1983).

DATES: Comments must be received by August 25, 2008.

ADDRESSES: Any persons interested in commenting on this proposed 
amendment may do so by submitting comments in writing to the Privacy 
Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 
20170, or by e-mail to [email protected]

FOR FURTHER INFORMATION CONTACT: Darlene Greifenberger, Office of 
Indian Energy and Economic Development, 1951 Constitution Avenue, NW., 
MS SIB-20, Washington, DC 20245, 202-513-7680 or by e-mail at 
[email protected]

SUPPLEMENTARY INFORMATION: This notice is published pursuant to the 
Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of 
authority delegated by the Secretary of the Interior to the Assistant 
Secretary--Indian Affairs in 209 DM 8.1.
    The Office of Indian Energy and Economic Development Loan Guaranty 
and Insurance Program was developed to implement the Indian Financing 
Act of 1974 (25 U.S.C. 1481), as amended. This law requires the 
Department of the Interior to encourage private commercial lenders to 
make loans to Indian businesses they might otherwise deny because of 
insufficient familiarity with Indian business prospects. The program 
offers private lenders enhanced loan security with a partial loan 
guaranty which allows a modest federal investment to leverage large 
amounts of private capital for Indian business development. The system 
of records supporting this program, now known as the Loan Management 
and Accounting System (LOMAS), protects information contained in loan 
applications and supporting documents.
    The purpose of this notice is to amend the Privacy Act System of 
Records entitled Interior, BIA--13: ``Indian Loan Files,'' by (1) 
Changing the name of the system to Interior, BIA--13: ``Loan Management 
and Accounting System (LOMAS)''; (2) updating the addresses of the 
system locations, system managers, the categories of individuals 
covered by the system; (3) updating the information regarding 
disclosures outside the Department of the Interior; and (4) updating 
the storage, retrievability and safeguards statements to incorporate 
the changes since the system notice was last published.
    A copy of the notice, with changes incorporated, is attached.


[[Page 40596]]


    Dated: July 9, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development--
Indian Affairs.

SYSTEM NAME
    Loan Management and Accounting System (LOMAS)--Interior, BIA--13.

SYSTEM LOCATION
    (1) Office of Indian Energy and Economic Development, 1951 
Constitution Avenue NW., MS SIB-20, Washington, DC, 20245.
    (2) Loan Accounting Section, Bureau of Indian Affairs (BIA), 1001 
Indian School Road NW., Ste. 349, Albuquerque, NM, 87104. (Send 
correspondence to: P.O. Box 7430, Albuquerque, NM, 87194-7430.)
    (3) System Administrator--LOMAS, National Business Center, 421 Gold 
Street SW., Suite 103, Albuquerque, NM, 87102.
    (4) BIA Regional and Agency credit offices. For a listing of 
specific locations, contact the System Manager, at the address provided 
below.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
    (1) Applicants who applied for or received loan guaranties, loan 
insurance, or interest subsidies.
    (2) Applicants who applied for guarantied bonds.
    (3) Purchasers of guarantied or insured loans.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Loan applications, including but not limited to loan collateral 
information, loan collection information, loan approval information, 
loan budget validation, and loan disbursement information;
    (2) Supporting documents for loans;
    (3) Borrower information including name, address, birth date, phone 
number, loan guaranty number, tribal name, record of payment cards, 
guaranty agreements, eligibility certificates, default documents, and/
or promissory notes;
    (4) Information pertaining to individuals who refuse to make 
required loan payments when it is determined by the Department of 
Treasury that they have sufficient assets to pay and/or as a result of 
the individual misuse of loan proceeds;
    (5) Interest subsidy requests;
    (6) Loan extension approvals;
    (7) Information on loan applications not approved for guaranty or 
insurance; and
    (8) Account information for individuals approved for loans, which 
includes loan account status, loan advance and subsidy status and 
approval status, loan number and borrower ID.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system of records is maintained under the authority of Public 
Law 98-449, codified at 25 U.S.C. 1451, which authorizes the Department 
of the Interior to finance economic development on Indian Reservations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary use of the records is to administer the Loan Guaranty 
and Insurance Program by tracking and recording payments and unpaid 
balances and providing information on payments made for paying interest 
subsidy, credits obtained, service loans made, and premiums paid by 
lenders.
    Disclosures outside the Department of the Interior may also be 
made:
    (1) To the Department of the Treasury and/or Justice in the form of 
information on individual delinquent borrowers or borrowers who have 
misused funds in order to support debt collection efforts.
    (2) To Congress in the form of periodic reports on the status of 
the Indian Affairs Loan Guarantee, Insurance and Interest Subsidy 
Program in order to document the use of program funds.
    (3) To credit reporting agencies in the form of basic information 
regarding payment delinquencies in order to satisfy Federal claims 
collection standards.
    (4) (a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The Department of Justice (DOJ);
    (ii) A court, adjudicative or other administrative body;
    (iii) A party in litigation before a court or 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 purposes for which the records were 
compiled.
    (5) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
covered individual is deceased, has made to the office.
    (6) 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.
    (7) 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.
    (8) 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.
    (9) 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.
    (10) 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 compatible with 
the purpose for which the records were compiled.
    (11) 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.
    (12) The 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

[[Page 40597]]

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 of 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.
    (13) 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.
    (14) To the Department of the Treasury to recover debts owed to the 
United States.
    (15) To the news media when the disclosure is compatible with the 
purpose for which the records were compiled.

DISCLOSURES TO CONSUMER REPORTING AGENCIES:
    Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to 
consumer reporting agencies as they are defined by the Fair Credit 
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act 
of 1966 (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in both manual and electronic format. Manual 
records are maintained in letter files, application files, and computer 
printouts. Electronic records are maintained in network access storage, 
on hard disks, and on magnetic tapes.

RETRIEVABILITY:
    Records are:
    (a) Indexed by name of borrower, loan guaranty number, and tribal 
name when applicable.
    (b) Retrieved by manual search or computer inquiry.

SAFEGUARDS:
    LOMAS is maintained with controls meeting safeguard requirements 
identified in Departmental Privacy Act Regulations (43 CFR 2.51) for 
manual and automated records. Access to records is limited to 
authorized personnel whose official duties require such access; agency 
officials have access only to records pertaining to their agencies.
    (1) Physical Security: Paper or electronic format records are 
maintained in locked file cabinets and/or in secured rooms.
    (2) Technical Security: Electronic records are maintained in 
conformity with Office of Management and Budget and Departmental 
guidelines reflecting the implementation of the Federal Information 
Security Management Act. Electronic data is protected through user 
identification, passwords, database permissions, and software controls. 
These security measures establish different degrees of access for 
different types of users. An audit trail is maintained and reviewed 
periodically to identify unauthorized access. A Privacy Impact 
Assessment was completed for LOMAS and is updated at least annually to 
ensure that Privacy Act requirements and personally identifiable 
information safeguard requirements are met.
    (3) Administrative Security: All DOI and contractor employees with 
access to LOMAS are required to complete Privacy Act, Records 
Management Act, and Security Training.

RETENTION AND DISPOSAL:
    Records relating to individuals covered by this system are retained 
in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as 
approved by the National Archives and Records Administration (NARA), 
and are scheduled for permanent retention. All records of guarantied or 
insured loans are stored permanently. Records of loans that are paid, 
cancelled, or otherwise disposed of are archived. Records of rejected 
loans are stored for 1 year and then archived.

SYSTEM MANAGER AND ADDRESS:
    Director, Office of Indian Energy and Economic Development, Office 
of the Assistant Secretary--Indian Affairs, 1951 Constitution Avenue, 
NW., MS SIB-20,Washington, DC 20245.

NOTIFICATION PROCEDURES:
    Inquiries regarding the existence of records should be addressed to 
the System Manager. The request must be in writing, signed by the 
requester, and meet the requirements of 43 CFR 2.60.

RECORDS ACCESS PROCEDURES:
    A request for access may be addressed to the System Manager. The 
request must be in writing, signed by the requester, and meet the 
requirements of 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:
    A petition for amendment should be addressed to the System Manager. 
The request must be in writing, signed by the requester, and meet the 
content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Information is received from individuals on whom the records are 
maintained, commercial banks, BIA employees and contractors, and 
purchasers of guarantied or insured loans.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-16098 Filed 7-14-08; 8:45 am]
BILLING CODE 4312-RY-P