[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77824-77827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30192]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Privacy Act of 1974; Amendment of Existing System of Records

AGENCY: Office of the Secretary, Department of the Interior.

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

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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. Sec.  
552a), the Office of the Secretary of the Department of the Interior is 
issuing public notice of its intent to amend an existing Privacy Act 
system of records notice, OS-02, ``Individual Indian Monies (IIM) Trust 
Funds.'' The amendments will update the contact for further 
information, system locations, system manager and address, categories 
of records in the system, authority for maintenance of the system, 
routine uses of records maintained in the system, storage, safeguards, 
retention and disposal, procedures for contesting records, and records 
source categories.

DATES: Comments must be received by January 28, 2009

ADDRESSES: Any persons interested in commenting on these proposed 
amendments to an existing system of records may do so by submitting 
comments in writing to the Office of the Secretary Acting Privacy Act 
Officer, Linda S. Thomas, U.S. Department of the Interior, MS-116 SIB, 
1951 Constitution Avenue, NW., Washington DC 20240, or by e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Chief of Staff, Office of the 
Principal Deputy Special Trustee, 4400 Masthead Street, NE., Suite 357, 
Albuquerque, NM 87109.

SUPPLEMENTARY INFORMATION: In this notice, the Department of the 
Interior is proposing to amend Interior OS-02, Individual Indian Monies 
(IIM) Trust Funds to reflect enhancements to the system which will 
enable the Office of the Secretary, Office of the Special Trustee for 
American Indians (OST) to further improve the level of services 
provided to individual beneficiaries of the Indian trust. These changes 
help the Secretary carry out fiduciary

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responsibilities required under the American Indian Trust Fund 
Management Reform Act of 1994, Pub. L. 103-412, 108 Stat. 4239. In 
addition, these proposed amendments will update contact information, 
system locations, categories of records in the system, authority for 
maintenance of the system, routine uses of the system, records source 
categories, and procedures for storage, retention and disposal, and for 
contesting information. Thus, the Office of the Secretary proposes to 
amend Interior OS-02, Individual Indian Monies (IIM) Trust Funds to 
read as shown below. The system will be effective as proposed unless 
comments are received which would require a contrary determination. The 
Office of the Secretary will publish a revised notice if changes are 
made based upon a review of comments received.

    Dated: December 16, 2008.
Linda S. Thomas,
Office of the Secretary, Acting Privacy Officer.

SYSTEM NAME:
    Interior, OS-02, ``Individual Indian Monies (IIM) Trust Funds.''

SYSTEM LOCATIONS:
    (a) U.S. Department of the Interior, Office of the Special Trustee 
for American Indians, 4400 Masthead Street, NE., Albuquerque, NM 87109.
    (b) OST field locations including area, agency, and regional 
offices.
    (c) Offices of contractors processing individual Indian trust fund 
accounts.
    (d) Tribal offices of tribes that have compacted or contracted the 
individual Indian trust fund management function from OST under the 
Indian Self-Determination and Education Assistance Act, Pub. L. 93-638, 
88 Stat. 2203, as amended.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individual Indians, Alaska Natives, or their heirs, who have 
accounts held in trust status by the Department of the Interior.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (a) Data on trust accounts in automated systems including the Trust 
Fund Accounting System (TFAS) and the Trust Beneficiary Call Center 
Tracking Software (ServiceCenter).
    (b) Imaged documents concerning individual Indian trust accounts.
    (c) Data related to financial and investment activity from 
individual Indian trust accounts.
    (d) Data related to custodianship of investments for individual 
Indian trust accounts.
    (e) Paper records related to individual Indian trust accounts, 
including jacket folders, and financial documents such as accounting, 
reconciliation, and transaction data related to receipts, 
disbursements, investments, and transfers.
    The type of information contained in the categories above may 
include a person's name, aliases, sex, birth date, address, phone 
numbers, e-mail address, Social Security Number, account number, tribal 
membership number, blood quantum, and contact information for people 
who may know their whereabouts.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    25 U.S.C. 116, 117(a)(b)(c), 118, 119, 120, 121, 151, 159, 161(a), 
162(a), 4011, 4043(b)(2)(B).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The system's main purposes are to:
    (a) Manage the collection, investment, distribution, and 
disbursement of individual Indian trust income.
    (b) Comply with relevant sections of the American Indian Trust Fund 
Management Reform Act of 1994, Pub. L. 103-412, 108 Stat. 4239.
    (c) Improve customer satisfaction by achieving a high level of 
responsiveness to beneficiary inquiries by documenting and tracking 
each contact and providing accurate, consistent and timely resolutions.
    (d) Enable beneficiaries to receive trust services in a more timely 
and convenient manner through modern technology.
    (e) Provide information for Indian trust funds program management 
purposes.
    Disclosures outside the Department of the Interior may be made to:
    (a) Individual Indian trust account beneficiaries, their heirs, 
guardians, or agents.
    (b) Contractors, but only after ensuring that all provisions of the 
Privacy Act, the Trade Secrets Act, the Indian Minerals Development 
Act, and all other applicable laws, regulations, and policies relating 
to contracting and security are met, who:
    (1) Provide trust and other services to beneficiaries;
    (2) Provide, use, operate or facilitate various components of the 
system;
    (3) Service and maintain the system for the Department.
    (c) The U.S. Department of Justice, or to a court, adjudicative or 
other administrative body, or to a party in litigation before a court 
or adjudicative or administrative body, when:
    (1) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (i) The Department or any component of the Department;
    (ii) Any Department employee acting in his or her official 
capacity;
    (iii) Any Department employee acting in his or her individual 
capacity where the Department or the Department of Justice has agreed 
to represent the employee; or
    (iv) The United States, when the Department determines that the 
Department is likely to be affected by the proceeding; and
    (2) We deem the disclosure to be:
    (i) Relevant and necessary to the proceeding; and
    (ii) Compatible with the purpose for which we compiled the 
information.
    (d) The following components of the U.S. Department of Treasury:
    (1) Financial Management Service (FMS) for the purpose of providing 
fiscal agency services to OST such as, but not limited to, issuing 
paper check disbursements to beneficiaries and operating the Direct 
Deposit program to send disbursements electronically to the 
beneficiary's account with a third-party financial institution;
    (2) Internal Revenue Service (IRS) to report beneficiary taxable 
income on IRS Form 1099 and to collect debts owed to the government.
    (e) The National Archives and Records Administration and their 
contractors, for the purpose of providing long-term storage of inactive 
individual Indian trust records at the American Indian Records 
Repository at Lenexa, Kansas.
    (f) Another federal agency to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (g)(1) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (2) are met:
    (i) The U.S. Department of Justice (DOI);
    (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;
    (2) When:
    (i) One of the following is a party in 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;

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    (D) Any DOI employee acting in his or her individual capacity if 
DOI 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.
    (h) A congressional office in response to an inquiry received by 
that office from the individual to whom the record pertains.
    (i) 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The OST currently stores records in one of two ways:
    (a) Paper records (such as jacket files, financial data files, 
ledgers, and reports) placed in file cabinets; others are stored in 
boxes on shelves.
    (b) Automated data and images stored on appropriate media including 
but not limited to magnetic tape and on optical and electro-mechanical 
disks.

RETRIEVABILITY:
    Records are retrieved using either:
    (a) Identifiers linked to individual Indian trust beneficiaries 
such as name, social security numbers, tribe, tribal enrollment, or 
census numbers, or
    (b) Organizational links and identifiers such as account numbers, 
tribal codes, trust account codes, and other identifiers.

SAFEGUARDS:
    Following the requirements under 5 U.S.C. 552a(e)(10) and 43 CFR 
2.51(a)(b) for security standards, as well as Office of Management and 
Budget and Departmental Guidance and the implementation of appropriate 
National Institute of Standards and Technology policies and procedures, 
the Office of the Secretary has taken security measures to protect 
system documentation by equipping our offices and workplaces with the 
following safeguards:
    (1) Physical Security: Paper or micro format records are maintained 
in locked file cabinets and/or in locked or secured rooms that are 
staffed by agency personnel or by those under specific contract, 
compact or agreement to work with such records. Storage facilities are 
protected by locked entryways or security guards.
    (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, cipher lock, key card, and other access controls such 
as passwords, database permissions, and software controls.
    (3) Administrative Security: All DOI and contractor employees with 
access to this system are required to complete Privacy Act, Federal 
Records Act, and Security Awareness training prior to being given 
access to the system, and on an annual basis, thereafter. In addition, 
warning signs are posted to limit access to files except by employees 
and contractors. Finally, there are sign-in and sign-out logs for 
access to storage facilities by requesters researching, acquiring, or 
delivering documents.

RETENTION AND DISPOSAL:
    The OST creates, receives and maintains records until such time as 
they become inactive. The inactive records are then transferred to the 
American Indian Records Repository (AIRR) in Lenexa, Kansas which is 
operated in cooperation with the National Archives and Records 
Administration. Records are held in accordance with approved records 
retention schedules.

SYSTEM MANAGER AND ADDRESS:
    Chief of Staff, Office of the Principal Deputy Special Trustee, 
4400 Masthead Street NE., Suite 357, Albuquerque, NM 87109.

NOTIFICATION PROCEDURES:
    To determine whether your records are in this Privacy Act system of 
records, contact the System Manager at the address listed above in 
writing. The request must meet the requirements of 43 CFR 2.60. Provide 
the following information with your request:
    (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) Bureau of Indian Affairs home agency.
    (g) Time period(s) that records belonging to you may have been 
created or maintained, to the extent known by you. (See 43 CFR 
2.60(b)(3)).

RECORD ACCESS PROCEDURES:
    To request access to records, contact the System Manager at the 
address listed above in writing. The request must meet the requirements 
of 43 CFR 2.63. Provide the following information with your request:
    (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) Bureau of Indian Affairs home agency.
    (g) Time period(s) that records belonging to you may have been 
created or maintained, to the extent known by you.
    (h) Specific description or identification of the records you are 
requesting (including whether you are asking for a copy of all of your 
records or only a specific part of them), and the maximum amount of 
money that you are willing to pay for their copying. (See 43 CFR 
4.63(b)(5)).

CONTESTING RECORD PROCEDURES:
    To request an amendment of a record, contact the System Manager at 
the address listed above in writing. The request must meet the 
requirements of 43 CFR 2.71.

RECORDS SOURCE CATEGORIES:
    (a) Office of the Special Trustee for American Indians, Bureau of 
Indian Affairs, Minerals Management Service, Bureau of Land Management, 
Office of Hearings and Appeals, and other appropriate agencies in the 
Department of the Interior. Other federal, state, and local agencies.
    (b) Individual Indian trust beneficiaries, their heirs, relatives 
and acquaintances. Depositors into the accounts and claimants against 
the accounts.

[[Page 77827]]

    (c) Tribal offices if the IIM function is contracted or compacted 
under the Indian Self-Determination and Education Assistance Act, Pub. 
L. 93-638, 88 Stat. 2203, as amended. Other tribal offices including 
enrollment, social services, and education.
    (d) Courts of competent jurisdiction, including tribal courts.
    (e) Contractors, including but not limited to:
    (1) credit bureaus;
    (2) news media;
    (3) missing persons locators;
    (4) and mail list vendors.
    (5) Internet searches;
    (6) public utilities; and
    (7) professional, religious, and social organizations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
 [FR Doc. E8-30192 Filed 12-18-08; 8:45 am]
BILLING CODE 4310-10-P