[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40599-40601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16100]


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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 an existing system of records.

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SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs 
(BIA) is issuing public notice, pursuant to the Privacy Act of 1974 (5 
U.S.C. 552a), of its intent to amend its existing Privacy Act system of 
records notice entitled Interior, BIA-07, ``Tribal Rolls,'' 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: Dolores Ayotte, Acting Superintendent, 
Alaska Region, West Central Alaska Agency, Bureau of Indian Affairs, 
Department of the Interior, 3601 C Street, Suite 1100, Anchorage, AK 
99503, or by e-mail to [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. This notice amends the Privacy 
Act System of Records entitled Interior, BIA-07, ``Tribal Rolls.''
    The purpose of this amendment is to: (1) Change the name of the 
system to Interior, BIA-07, ``Progeny;'' (2) update the information on 
the location of the records and the technology used to store and 
retrieve records; (3) more clearly state the information that is 
included in the system of records; (4) more clearly state the current 
routine uses of the records by organizations and individuals outside of 
the Department of the Interior; and (5) expand the routine uses of such 
information to include using these records as a basis for the creation 
of the Certificate of Degree of Indian Blood (CDIB) for the Alaska 
Native Claims Settlement Act (ANCSA) enrollees and descendants. A copy 
of the notice, with changes incorporated, is attached.

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

SYSTEM NAME:
    Progeny--Interior, BIA-07.

SYSTEM LOCATION:
    (1) BIA Albuquerque Data Center, 1011 Indian School Rd. NW., 
Albuquerque, NM 87104.
    (2) Other BIA Area, Agency, and Field Offices. (For a listing of 
specific locations, contact the System Manager.)

[[Page 40600]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Alaska Native Individuals originally enrolled through the Alaska 
Native Claims Settlement Act and their descendants.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Tribal member information, including name, social security 
number, birth date, address, phone number, blood quantum, names of 
biological parents, and grandparents, and certificate of Degree of 
Indian Blood (CDIB);
     Tribal affiliation information, including Tribal 
Enrollment Number, Tribal member profile report, and Tribal 
composition;
     Tribal member genealogy information, including a family 
tree report, birth, marriage, and death notices; and
     Records of actions taken, including judgment 
distributions, per capita payments, shares of stocks, ownership, and 
census data taken using the rolls as a base.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system of records is maintained under the authority of 25 
U.S.C. 163; 25 U.S.C. 480.

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 support DOI's statutory duty 
to create a Secretary's Roll of Tribal group members. Records are used 
to determine eligibility of individuals to participate in or enjoy 
benefits from an interest in a Tribal group, and to provide lists of 
approved enrollees used to distribute funds or income, or as a base to 
gather census or ownership data for planning purposes.
    Disclosures outside of the Department of the Interior may be made:
    (1) To the Tribe, Band, Pueblo, or corporation of which the 
individual to which the record pertains is a member or stockholder.
    (2) (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.
    (3) 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.
    (4) 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.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) 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.
    (9) 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.
    (10) 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 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.
    (11) 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.
    (12) To the Department of the Treasury to recover debts owed to the 
United States.
    (13) 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 paper and electronic form.

RETRIEVABILITY:
    Manual records are indexed by name. Electronic records can be 
retrieved by name, social security number, birth date, enrollment 
number, phone number, or address.

SAFEGUARDS:
    Progeny is maintained with controls meeting safeguard requirements

[[Page 40601]]

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 are 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 Progeny 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 Progeny 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, and are 
scheduled for permanent retention.

SYSTEM MANAGER AND ADDRESS:
    Deputy Bureau Director, Office of Trust Services, 1849 C Street, 
NW., Washington, DC, 20240.

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.

RECORD 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:
    Source information is received from individuals on whom the records 
are maintained, or from Federal and Tribal Government enrollment 
records.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-16100 Filed 7-14-08; 8:45 am]
BILLING CODE 4312-RY-P