[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59733-59736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24808]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
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 (DOI) is issuing a public
notice of its intent to amend Bureau of Indian Affairs (BIA) Privacy
Act system of records, ``Tribal Rolls--Interior, BIA-7'' to change the
name of the system to the ``Tribal Enrollment Reporting and Payment
System, Interior/BIA-7,'' and update the categories of individuals and
records in the system, the authorities, routine uses, and policies and
practices for records storage and disposition. This system is used to
assist the Bureau of Indian Affairs in collecting data and analyzing
applications to determine an individual's eligibility to share in
judgment fund distributions authorized by plans prepared pursuant to
Federal legislation. It also assists BIA in calling and conducting
Secretarial elections.
DATE: Comments must be received by November 7, 2011.
ADDRESSES: Any person interested in commenting on this notice may do so
by: submitting comments in writing to Willie Chism, Indian Affairs
Privacy Act Officer, 625 Herndon Parkway, Herndon, Virginia 20170;
hand-delivering comments to Willie Chism, Indian Affairs Privacy Act
Officer, 625 Herndon Parkway, Herndon, Virginia 20170; or e-mailing
comments to [email protected].
FOR FURTHER INFORMATION CONTACT: Deputy Bureau Director for Indian
Services, 1849 C Street, NW., MS 4513-MIB, Washington, DC 20240 or 202-
513-7640.
SUPPLEMENTARY INFORMATION:
I. Background
The BIA maintains the ``Tribal Rolls--Interior, BIA-7'' system of
records, which it is renaming the ``Tribal Enrollment Reporting and
Payment System, Interior/BIA-7.'' The BIA Tribal Enrollment Reporting
and Payment System functions as a central database for Tribal
enrollment records. The purpose of this system is to assist BIA to
determine an individual's eligibility to share in judgment fund
distributions authorized by plans prepared pursuant to 25 U.S.C.
Section 1401, Funds appropriated in satisfaction of judgments of Indian
Claims Commission or United States Court of Federal Claims. It also
assists BIA in calling and conducting Secretarial elections under 25
CFR Part 81, Tribal Reorganization under a Federal Statute. The
amendments to the system will include revising the system name and
adding a routine use to comply with 5 U.S.C. 552a(b)(3) of the Privacy
Act specifically applying to the disclosure of information in
connection with response and remedial efforts in the event of a data
breach. Other amendments will include updating data in the following
fields: System location, categories of individuals and records in the
system, authorities, routine uses, storage, retrievability, safeguards,
retention and disposal, system manager and address, notification
procedures, records access procedures, contesting records procedures
and record source categories. This system notice was last published on
August 21, 1990 (55 FR 34085).
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 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
information that is 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 to encompass U.S. citizens or lawful permanent residents. As a
matter of policy, DOI extends
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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, Tribal Enrollment Reporting and Payment System,
Interior/BIA-7 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, e-mail 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: September 2, 2011.
Willie S. Chism,
Indian Affairs Privacy Act Officer, Assistant Secretary--Indian
Affairs.
SYSTEM NAME:
Tribal Enrollment Reporting and Payment System, Interior/BIA-7.
SYSTEM LOCATION:
This system is located at the Bureau of Indian Affairs, Office of
Information Operations (OIO), 1011 Indian School Road, NW., Suite 177,
Albuquerque, NM 87104. Records may also be located in regional offices
responsible for collecting data and analyzing applications to determine
an individual's eligibility to share in judgment fund distributions,
and calling and conducting Secretarial elections.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Indians who are applying for or have been assigned
interests of any kind in Indian tribes, bands, pueblos or corporations,
and individuals who are eligible to vote in Secretarial elections.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains documents supporting individual Indian claims
to interests in Indian tribal groups and includes name, maiden name,
alias, address, date of birth, social security number, blood degree,
enrollment/BIA number, date of enrollment, enrollment status,
certification by the tribal governing body, telephone number, e-mail
address, account number, marriages, death notices, records of actions
taken (approvals, rejections, appeals), rolls of approved individuals;
records of actions taken (judgment distributions, per capita payments,
shares of stock); ownership and census data taken using the rolls as a
base, records concerning individuals which have arisen as a result of
that individual's receipt of funds or income to which that individual
was not entitled or the entitlement was exceeded in the distribution of
such funds.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
25 U.S.C. Section 1401, Funds appropriated in satisfaction of
judgments of Indian Claims Commission or United States Court of Federal
Claims; and 25 CFR part 81, Tribal Reorganization under a Federal
Statute.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The purpose of this system is to assist the BIA in collecting data
to determine an Indian individual's eligibility to share in judgment
fund distributions authorized by plans prepared pursuant to 25 U.S.C.
Section 1401, Funds appropriated in satisfaction of judgments of Indian
Claims Commission or United States Court of Federal Claims. The system
also assists BIA in calling and conducting Secretarial elections under
25 CFR part 81, Tribal Reorganization under a Federal Statute.
Disclosures outside DOI may be made without the consent of the
individual to whom the record pertains under the routine uses listed
below:
(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 conduct records management inspections under the
authority of 44 U.S.C. 2904 and 2906.
(7) 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
[[Page 59735]]
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 when the disclosure is compatible with the
purpose for which the records were compiled.
(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 the Tribe, Band, Pueblo or Corporation of which the
individual to whom a record pertains is a member or a stockholder.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in paper form in file folders, locked file
cabinets, and electronic media such as personal computers, magnetic
disk, diskette, and computer tapes. The electronic records are
contained in removable drives, computers, e-mail and electronic
databases.
RETRIEVABILITY:
Records in the system can be retrieved by name, maiden name, alias,
enrollment/BIA number, social security number, date of birth, and
enrollment status.
SAFEGUARDS:
Records are maintained in accordance with 43 CFR 2.51, Privacy Act
Safeguards for records. Access is provided on a need-to-know basis.
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 in Department of the
Interior facilities that are secured by alarm systems and off-master
key access. Access granted to individuals is password protected. The
Department's Privacy Act Warning Notice appears on the monitor screens
when users access the system. Backup tapes are stored in a locked and
controlled room, in a secure off-site location. The tapes are kept on
the Data Center Floor for several weeks and then shipped to Iron
Mountain, a secure off site location. Access to the Data Center is
controlled by key card and only a select number of people have access.
The Security Plan addresses the Department's Privacy Act minimum
safeguard requirements for Privacy Act systems at 43 CFR 2.51. A
Privacy Impact Assessment was conducted to ensure that Privacy Act
requirements and 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 (IARS)
records series 3700, and have been scheduled as permanent records under
NARA Job No. N1-075-05-1 approved on March 31, 2005. Records are
maintained in the office of records for a maximum of 5 years after the
end of the calendar year in which tribal membership rolls are
completed, when enrollments are updated, when enrollment periods are
completed, when memberships are closed, and when per capita payments
are disbursed to tribal members. The records are 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 National Archives and Records Administration
(NARA).
A records retention schedule for the electronic records in this
system is being developed and will be submitted to NARA for scheduling
and approval. Pending approval by NARA, electronic records will be
treated as permanent records. Data backups or copies captured on
magnetic disk, diskette and computer tapes that are maintained
separately from database files are temporary and are retained in
accordance with General Records Schedules (GRS) 20/8 and 24/4(a).
SYSTEM MANAGER AND ADDRESS:
Deputy Bureau Director for Indian Services, 1849 C Street, NW., MS
4513-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 identified above. The request envelope and letter should
both be clearly marked ``PRIVACY ACT INQUIRY.'' A request for
notification must meet the requirements of 43 CFR 2.60.
RECORDS ACCESS PROCEDURES:
An individual requesting records on himself or herself should send
a signed, written inquiry to the System Manager identified above. The
request should describe the records sought as specifically as possible.
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 2.63.
CONTESTING RECORDS PROCEDURES:
An individual requesting corrections or the removal of material
from his or her records should send a signed, written request to the
System Manager identified above. A request for corrections or removal
must meet the requirements of 43 CFR 2.71.
RECORD SOURCE CATEGORIES:
Records are obtained from individual Indians who are applying for
or have been assigned interests of any kind in Indian tribes, bands,
pueblos or corporations, and individuals who register to vote in
Secretarial elections. Records are also obtained directly from tribal
governing bodies of Federally Recognized Indian Tribes. These tribes
may submit enrollment information by tribal resolutions and code
sheets.
[[Page 59736]]
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2011-24808 Filed 9-26-11; 8:45 am]
BILLING CODE 4310-4J-P