[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14642-14644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04672]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Privacy Act of 1974; System of Records

AGENCY: National Indian Gaming Commission (NIGC or Commission), 
Interior.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
NIGC is issuing public notice of its intent to modify an existing 
system of records entitled, Management Contract Individuals Record 
System. This system of records is used to maintain information that is 
collected in the course of conducting background investigations on 
individuals who are contracted to manage Tribal gaming operations and 
enterprises.

DATES: This modified system is effective upon publication in the 
Federal Register, except for its routine uses, which are effective 
April 10, 2023. Please submit any public comment pertaining to this 
notice on or before April 10, 2023.

ADDRESSES: Comments may be submitted to Tim Osumi, Senior Agency 
Official for Privacy using any of the following methods:
    Mail: 1849 C Street NW, Mail Stop #1621, Washington, DC 20240.
    Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Tim Osumi, Senior Agency Official for 
Privacy at NIGC Office of Privacy, 1849 C Street NW, Mail Stop #1621, 
Washington, DC 20240; or by telephone at (202) 264-0676; or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Congress established the NIGC 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 Indian gaming operations and enterprises on Indian lands. The IGRA 
requires the Chair 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 person's 
eligibility and suitability for Indian gaming. The Commission stores 
this information in the current system of records. The following is a 
summary of the systemic modifications that are being proposed in this 
notice. For more details, please refer to the specific section 
referenced.
     System Manager has been updated.
     System Location has been updated.
     Categories of Records in the System has been updated to 
include three new categories: 11 (financial statements); 12 (criminal 
charges); and 13 (fingerprints). In addition, the descriptions of all 
existing categories have been modified for greater precision.
     Record Source Categories has been updated to include one 
new category: public information and information resources. Also, the 
categories for investigative reports compiled by tribes, Office of 
Personnel Management, contractors, or credit bureaus have been 
eliminated.
     Routine Uses of Records has been updated to include two 
new uses that will allow the agency to share information with outside 
entities as part of a coordinated response to a suspected or confirmed 
information breach.
     Policies and Practices for Storage of Records has been 
updated to account for the agency's transition from paper to electronic 
recordkeeping.
     Policies and Practices for Retention and Disposal of 
Records has been updated to include relevant records retention and 
disposition schedules that have been approved since the last public 
notice.
     Administrative, Technical, and Physical Safeguards has 
been updated to account for the agency's transition from paper to 
electronic recordkeeping and the Information Technology measures that 
are in place to protect the records.

SYSTEM NAME AND NUMBER:
    Management Contract Individuals Record System--NIGC-2.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The records are in electronic format and located in electronic 
folders on a cloud tenant environment.

SYSTEM MANAGER(S):
    Background Investigator Manager, National Indian Gaming Commission, 
90K Street NE, Suite 200, Washington, DC 20002. tel: 202-632-7003

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    25 U.S.C. 2711.

PURPOSE(S) OF THE SYSTEM:
    The records are used by Commission members and staff to review and 
verify eligibility and suitability of persons with a financial interest 
in, or management responsibility for, a management contract at an 
Indian gaming facility.

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. Persons 
who are directors of a corporation that is party to a management 
contract.

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 (oral or 
written), social security number(s), birth date, place of birth, 
citizenship, and gender; (2) A current photograph, driver's license 
number, and a list of all languages spoken or written; (3) Business and 
employment positions held, and business and residence addresses; the 
city, state and country of residences; (4) The names and current 
addresses of at least three personal references; (5) Current business

[[Page 14643]]

and residence telephone numbers; (6) A description of any existing and 
previous business relationships with Indian tribes, including ownership 
interests in those businesses; (7) A description of any existing and 
previous business relationships with the gaming industry generally, 
including ownership interests in those businesses; (8) The name and 
address of any licensing or regulatory agency with which the person has 
filed an application for a license or permit relating to gaming; (9) 
For each gaming offense and for each felony for which there is an 
ongoing prosecution or a conviction, the name and address of the court 
involved, the charge, and the dates of the charge and of the 
disposition; (10) For each misdemeanor conviction or ongoing 
misdemeanor prosecution (excluding minor traffic violations) within ten 
years of the date of the application, the name and address of the court 
involved, and the dates of the prosecution and the disposition; (11) A 
complete financial statement showing all sources of income for the 
previous three years, and assets, liabilities, and net worth as of the 
date of the submission; (12) For each criminal charge (excluding minor 
traffic charges) regardless of whether or not it resulted in a 
conviction, if such criminal charge is within ten years of the date of 
the application and is not otherwise listed pursuant to 9 or 10 of this 
section, the name and address of the court involved, the criminal 
charge, and the dates of the charge and the disposition; (13) 
Fingerprint card submissions for each person for whom background 
information is provided under this section; (14) Whatever other 
information the NIGC deems relevant.

RECORD SOURCE CATEGORIES:
    Individual applications and supplemental information provided by 
such applicants; background investigation reports compiled by the NIGC; 
information provided by persons interviewed as part of a background 
investigation; Federal, state, foreign, tribal, and local law 
enforcement and regulatory agencies; Commission staff and members; 
public records and information sources.

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 eligibility and 
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.
    7. To appropriate agencies, entities, and persons when:
    (a) NIGC suspects or has confirmed that there has been a breach of 
the system of records;
    (b) NIGC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, NIGC 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and,
    (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with NIGC's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    8. To another Federal agency or Federal entity, when the NIGC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in:
    (a) Responding to suspected or confirmed breach; or
    (b) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained in electronic format in an electronic 
folder system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Individual applicant name, associated gaming operation or 
enterprise, management contractor.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records in the system are temporary records and retained and 
disposed of in compliance with records retention and disposition 
schedules that have been approved by the National Archives and Records 
Administration, including: NIGC Schedule DAA-600-2017-0008 Item 4 
requires that background investigation final reports have a 10 year 
retention period; NIGC Schedule DAA-600-2017-0008 Item 5 requires that 
background investigation billing records have a 10 year retention 
period; NIGC Schedule DAA-600-2017-0008 Item 6 requires that background 
investigation submitted documents and working files have a 7 year 
retention period.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The system is only accessible to authorized users using strong 
password protection. It utilizes firewalls, intrusion detection 
prevention system (IDPS), a virtual protocol network (VPN) and 
encrypted communications to protect its perimeter. Access to the system 
is limited to NIGC personnel who have a need to know for the 
performance of their duties. Information within the system is 
compartmentalized and granular access is dependent on a permission 
structure that is role-based. All persons authorized to access the 
system are required to complete training that includes information 
about the legal requirements for proper handling of privacy information 
including criminal history records information (CHRI).

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information in this system of records 
about themselves are required to meet the requirements of NIGC 
regulations that implement the Privacy Act of 1974, at 25 CFR part 515.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought in accordance with NIGC's 
Privacy Act regulations at 25 CFR part 515.

NOTIFICATION PROCEDURES:
    Any individual who wants to know whether this system of records 
contains a record about themselves, can make a request in accordance 
with NIGC's

[[Page 14644]]

Privacy Act regulations at 25 CFR part 515 to: Attn: Privacy & Records 
Information Management Office, National Indian Gaming Commission, 1849 
C Street NW, Mail Stop #1621, Washington, DC 20240.

EXEMPTIONS PROMULGATED 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 25 
CFR 515.13.

HISTORY:
    Notice of this system of records was last published in full in the 
Federal Register on March 15, 2004 (69 FR 12182).

E. Sequoyah Simermeyer,
Chairman, National Indian Gaming Commission.
[FR Doc. 2023-04672 Filed 3-8-23; 8:45 am]
BILLING CODE 7565-01-P