[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Pages 8772-8776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3371]
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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: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the
Bureau of Indian Affairs (BIA) is issuing public notice of our intent
to change an existing Privacy Act system of records notices entitled
Interior BIA-04 ``Indian Land Records,'' published at 48 FR 41098
(September 13, 1983). BIA proposes to: (1) Update the information on
the location of the records and the technology used to store and
retrieve records; (2) identify new information that will be included in
the system of records; (3) clearly state the current routine uses of
the records by organizations and individuals outside of the Department
of the Interior (DOI); and (4) expand the routine uses of such
information to include the disclosure of names and mailing addresses of
owners of trust and restricted lands, among other information, to
certain statutorily defined categories of persons.
BIA is accomplishing these changes in part by updating its system
of records through conversion to a new application, Trust Asset and
Accounting Management System (TAAMS), which has or will replace several
BIA legacy systems such as the Land Records Information System (LRIS)
and Integrated Records Management System (IRMS).
DATES: The proposed new system of records will become effective without
further notice on April 9, 2007, unless comments received result in a
contrary determination. Under 5 U.S.C. 552a(e)(11), the public is
provided a 30-day period in which to comment on the agency's intended
use of the information in the system of records. The Office of
Management and Budget (OMB), in its Circular A-130, requires an
additional 10-day period in which
[[Page 8773]]
the OMB may comment (for a total of 40 days in which to make these
comments). BIA will publish a notice if changes are made based on
review of comments received.
ADDRESSES: Any persons interested in commenting on this proposed
amendment may do so by submitting comments in writing to the Deputy
Director, Office of Trust Services, Bureau of Indian Affairs, 1849 C
Street, NW., MS 4513-MIB, Washington DC 20240, or fax to (202) 208-
2549.
FOR FURTHER INFORMATION CONTACT: For information regarding ``Indian
Land Records, BIA-04'' contact Arch Wells, Deputy Director, Office of
Trust Services, Bureau of Indian Affairs, 1849 C Street, NW., MS 4513--
MIB, Washington DC 20240 at (202) 208-5831.
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 Principal
Deputy Assistant Secretary--Indian Affairs in 209 DM 8.1. This notice
amends the Privacy Act System of Records entitled BIA-04: Indian Land
Records. The purpose of the amendment is to reflect the modernization
of the title and trust systems with the development of a new electronic
system for managing Indian assets and land records. TAAMS will replace
several legacy systems that were used to manage Indian trust assets:
LRIS, which supports the land title function by providing land title-
related information, such as ownership and encumbrances; and IRMS,
which supports the land resource management function and contains
information on Indians, leases (e.g., pasture, range, timber, mineral,
and mining leases), land ownership, oil and gas royalties, and trust
fund accounts. TAAMS integrates the two legacy systems to reduce
duplication of information and support all land title and resource
management functions. TAAMS provides up-to-date legal and beneficial
title ownership and encumbrance information for all Indian lands and
resources, including automated calculation of fractional interests and
automated chain-of-title processes and information. TAAMS users will be
allowed to access, create, and modify records in the BIA database for
land ownership, contracts and leases, and beneficial owners. Until full
implementation of TAAMS, IRMS and the Royalty Distribution and
Reporting System (RDRS) will be the official automated systems for
income allocations. TAAMS, IRMS, and RDRS will include:
(a) A legal land description, chain-of-title history, current
ownership, including title and beneficial ownership, and resource
management classification for all land held in trust or restricted
status by the Federal Government for the benefit of Indian tribes and
individual Indians;
(b) Any encumbrances against the title to land;
(c) The name, address, BIA identification number (assigned by BIA
in TAAMS), and Social Security Number (Federal Identification number)
of each Indian land owner;
(d) The name, address, and Social Security Number of each person
who has a permit, lease, contract, right-of-way or other legal
instrument approved by the Secretary of the Interior that allows such
person to use the trust or restricted land or to extract renewable or
nonrenewable resources from such land;
(e) The name, address, and Federal taxpayer identification number
of any company that has a permit, lease, contract, right-of-way or
other legal instrument approved by the Secretary of the Interior that
allows such company to use the trust or restricted land or to extract
renewable or nonrenewable resources from such land;
(f) The term of the permit, lease, contract, right-of-way or other
legal instrument; and
(g) The trust income collected and distributed for such permit,
lease, contract, right-of-way or other legal instrument.
In addition to expanding the information maintained in the system
of records, changes to existing routine uses are made to better clarify
instances when the release of information may be made to legal and law
enforcement entities. Additionally, changes to existing routine uses
authorize the release of names and mailing addresses of individuals
owning an interest in trust or restricted land, information on the
location of the parcel, and the percentage of undivided interest owned
by each individual, upon written request, to the following statutorily
defined categories of persons:
(1) Other owners of interests in trust or restricted lands within
the same reservation;
(2) The tribe that exercises jurisdiction over the land where the
parcel is located or any person who is eligible for membership in that
tribe; and
(3) Any person that is leasing, using, or consolidating, or is
applying to lease, use, or consolidate, such trust or restricted land,
or the interest in trust or restricted lands.
The purpose of these revisions is to enhance the ability of
individual Indians to realize economic benefit from their land by
simplifying the leasing or contracting process, and to assist and
encourage the consolidation of land ownership.
Changes to the existing system of records, Indian Land Records--
Interior, BIA-04 (September 13, 1983, 48 FR 41098) are summarized here:
System name: Change name to ``Trust Asset and Accounting Management
System (TAAMS)--Interior, BIA-04''
* * * * *
System location: Delete reference to the ``Land Records Improvement
Program Liaison Office, Bureau of Indian Affairs, 500 Gold Ave., S.W.,
Albuquerque, NM 87103'' and insert the ``Division of Real Estate
Services, Office of Trust Services.'' Add the three new Regional
Offices--Anchorage, Alaska; Muskogee, Oklahoma; and Sacramento,
California. Add a new category of system location for offices of those
Indian tribal governments that administer realty or title programs
under Self-Determination or Self-Governance awards.
Categories of individuals covered by the system: Expand this
category to include non-Indians who are owners of land held in trust or
restricted status by the Federal Government and individuals, non-
Indians and Indians, Indian tribal entities, private businesses and
financial institutions that have a permit, lease, contract, right-of-
way, or other legal instrument approved by the Secretary of the
Interior that allows them to use trust or restricted land or to extract
resources from the trust or restricted land.
Categories of records in the system: Add a description of the
formats in which records are held. Expand the categories to include
title and beneficial ownership, resource management classification for
land, encumbrances on title, the name, address, and Federal tax
identification number of landowners, persons, and entities with a legal
instrument approved by the Secretary of the Interior allowing them to
use the trust or restricted land, or extract resources, the term of the
legal instrument, and the amount of the trust income collected pursuant
to the legal instrument.
Authority for maintenance of this system: Add references to
additional statutory and regulatory authority.
Routine uses of records maintained in this system, including
categories of users and the purposes of such uses: Change the language
of the internal uses to provide more specificity. Expand
[[Page 8774]]
disclosures outside of DOI to allow access, upon written request, to
statutorily defined categories of persons of: (1) Names and mailing
addresses of owners of trust and restricted lands; and (2) information
on the location of the parcel and the percentage of undivided interest
owned by each individual.
* * * * *
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Add specificity on description of manual storage. Add
electronic storage description to reflect use of TAAMS.
Retrievability: Add description of who has authorization to
retrieve records. Revise list of means for retrieving records to
reflect use of TAAMS.
Safeguards: Add specific description of safeguards employed for
paper and electronic records.
Retention and disposal: Add statement regarding location of paper
originals, copies and certified copies of Indian land records.
System manager(s) and address: Update title to reflect new office
name and a mail stop.
Notification procedure: Provide more explicit directions on how to
address a request for information concerning whether the system
contains information about you, to ensure the proper office receives
the request.
Record access procedure: Provide more explicit directions on how to
address a request for copies of records in the system to ensure the
proper office receives the request.
Contesting record procedure: Provide more explicit directions on
how to address a request for corrections to, or the removal of, any
specific record contained in the system to ensure the proper office
receives the request.
Record source categories: Provide a more specific description of
the sources of legal records.
A copy of the notice, with changes incorporated, is attached.
Dated: February 7, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.
INTERIOR/BIA-04
System name:
Trust Asset and Accounting Management System (TAAMS)--Interior,
BIA-04.
System classification:
None.
System location:
Land title records documents are stored and used, and the TAAMS
application is used at the:
(1) Division of Real Estate Services, Office of Trust Services,
Bureau of Indian Affairs, 1849 C Street, NW., MS 4513 MIB, Washington,
DC, 20240;
(2) Title plants at the following eight regional offices of the
BIA: Aberdeen, South Dakota; Albuquerque, New Mexico; Anadarko,
Oklahoma; Anchorage, Alaska; Billings, Montana; Muskogee, Oklahoma;
Portland, Oregon; and Sacramento, California;
(3) Central, regional, agency and field offices of the BIA, and
(4) Offices of those Indian tribal governments that administer
realty or title programs under Self-Determination or Self-Governance
awards. (For a listing of specific locations, contact the System
Manager).
Categories of individuals covered by the system:
Individuals, non-Indians and Indians, and Indian tribal entities
who are owners of land held in trust or restricted status by the
Federal Government.
Individuals, non-Indians and Indians, Indian tribal entities,
private businesses and financial institutions that have a permit,
lease, contract, right-of-way, or other legal instrument approved by
the Secretary of the Interior that allows them to use trust or
restricted land, or to extract resources from the trust or restricted
land.
Categories of records in the system:
The system of records will be in the following forms or formats:
Digital, spatial, and electronic data records; hard copy records,
individually or in files; maps and plats. The system of records will
include:
(a) A legal land description, current ownership, probate and
history of Indian trust lands, including title and beneficial
ownership, and resource management classification for all land held in
trust or restricted status by the Federal Government for the benefit of
Indian tribes and individual Indians;
(b) Any encumbrances against the title to land;
(c) The name, address, Bureau identification number, and Federal
tax identification number of each Indian land owner;
(d) The name, address, and Social Security Number of each person or
entity who has a permit, lease, contract, right-of-way, or other legal
instrument approved by the Secretary of the Interior that allows such
entity to use the trust or restricted land, or to extract renewable or
non-renewable resources from such land;
(e) The name, address, and taxpayer identification number of any
company that has a permit, lease, contract, right-of-way or other legal
instrument approved by the Secretary of the Interior that allows such
company to use the trust or restricted land or to extract renewable or
nonrenewable resources from such land;
(f) The term of the permit, lease, contract, right-of-way or other
legal instrument;
(g) Records concerning individuals which have arisen as a result of
that individual's receipt of overpayment(s) relative to land disposal,
leases, sales and rentals; and
(h) The trust income collected and distributed for such permit,
lease, contract, right-of-way or other legal instrument.
Authority for maintenance of the system:
25 U.S.C. 5, 12, 163, 392, 415; 25 U.S.C. 2201 et seq.; 25 U.S.C.
4021 et seq.; 25 CFR 150, 152.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The purpose of TAAMS is to provide BIA and Indian tribal officials
nationwide access to trust asset data (including land title records)
and trust asset management tools. The management tools allow TAAMS
users to access, create, and modify records in the BIA database for
land ownership, contracts and leases, and beneficial owners. TAAMS is
replacing the existing legacy system Land Records Information System
(LRIS), among other BIA-developed systems. TAAMS interfaces and
exchanges data with the DOI system TFAS, and is proposed to interface
with ProTrac. TFAS, which is owned by the Office of the Special Trustee
for American Indians (OST) through a private contractor, provides TAAMS
with files containing names, addresses and other personal data on
individuals who receive payments from OST for natural resources, such
as gas and oil, produced on their land. TAAMS data are not shared with
any system outside DOI or its agents.
DOI, and its agents, including private contractors, and tribes that
compact, contract, or enter into cooperative agreements with the
Department use the records to:
(a) Identify the ownership interests, including the name of Indian
owners and percentage interest in Indian lands held in trust or
restricted status;
(b) Record land conveyance and encumbrance and lien transactions;
(c) Determine beneficial rights to the land and resources;
[[Page 8775]]
(d) Appropriately manage trust and restricted land and natural
resources for the benefit of the Indian landowner;
(e) Provide land statistics in support of budget and management
initiatives; and
(f) Answer beneficiary questions regarding land rights.
Disclosures of these records outside the Department of the Interior
will be limited to:
(1) Another Federal agency to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
(2)(a) To any of the following entities or individuals, when the
circumstances set forth in (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
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 DOI employee acting in his or her official capacity;
(C) 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;
(D) 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 an
individual covered by the system has made to the congressional office
about him or herself.
(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, in support of the functions for which the
records were collected and maintained.
(5) To representatives of the National Archives and Records
Administration to conduct records management inspections under the
authority of 44 U.S.C. 2903 and 2904.
(6) The appropriate Federal, state, tribal, or local governmental
agency that is responsible for investigating, prosecuting, enforcing or
implementing a statute, rule, regulation, order or license, when DOI
becomes aware of an indication of a violation or potential violation of
the statute, rule, regulation, order or license.
(7) To any of the following entities or individuals, when the
entity or individual makes a written request for names or mailing
addresses of owners of any interest in trust or restricted lands, and
information on the location of the parcel and the percentage of
undivided interest owned by each individual:
(i) Other owners of interests in trust or restricted lands within
the same reservation;
(ii) The tribe that exercises jurisdiction over the land where the
parcel is located or any person who is eligible for membership in that
tribe; and
(iii) Any person that is leasing, using, or consolidating, or is
applying to lease, use, or consolidate, such trust or restricted land
or the interest in trust or restricted lands.
(8) Indian tribes entering into a contract or compacts of real
estate or title functions under the Indian Self-Determination and
Education Assistance Act, as amended.
Disclosure to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made to a
consumer reporting agency as defined in 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:
Manual Records: Original title documents, title document copies,
certified copies, and certifiable copies, are maintained at the Land
Titles and Records Offices and other Land Titles and Records program
offices, together with reports and certified reports of title documents
and of land title and ownership and all transaction documents on files
in support of the land or title documents.
Electronic Records: Data extracted from such title documents about
land owners, ownership, conveyances, encumbrances, valuation and
income, are maintained on electronic media (e.g., tape, disk, CD Rom
and other digital or electronic media.)
Retrievability:
Information may be retrieved primarily by trained individuals
possessing appropriate access querying the TAAMS database. Records are
retrieved using either: (a) An identifier linked to a parcel; (b) an
identifier for a property interest owner, such as name, Social Security
Number, tribe, tribal enrollment, or census numbers; or (c) identifiers
linked to encumbrances on ownership such as mortgages and rights-of-
way.
Safeguards:
During business hours, paper records are maintained in areas
accessible only by authorized personnel in a secured office environment
and comply with the minimum DOI safeguard requirements for maintaining
Privacy Act system of records under 43 CFR 2.51. Electronic records are
accessible via a password from terminals located in attended offices
and the data in those regards may be changed only by personnel with
approved access. Electronic records comply with DOI and National
Institute of Standards and Technology cyber security requirements.
After business hours, buildings have security guards and/or secured
doors, and all entrances are monitored by electronic surveillance
equipment. A Privacy Impact Assessment is being completed for land
title records files and TAAMS in accordance with the E-Government Act
of 2002 and OMB requirements for new and amended information systems.
Retention and disposal:
Records are permanently retained for historical index. Originals,
copies and certified copies of Indian land records may be located at
BIA regional and agency offices or at the archives in Lenexa, Kansas.
The Office of Trust Records is currently working with BIA to prepare a
schedule for retention and disposal of records in TAAMS.
System manager(s) and address:
Deputy Director, Office of Trust Services, Bureau of Indian
Affairs, 1849 C Street, NW., MS 4513 MIB, Washington, DC 20240.
Notification procedure:
If you wish to determine if the system contains information about
you, contact the System Manager at the address above. 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) BIA home agency; and
[[Page 8776]]
(g) Time period(s) that records belonging to you may have been
created or maintained, to the extent known by you.
The request must be in writing and signed by you. To ensure proper
handling of your request, you should include the words ``PRIVACY ACT
INQUIRY'' at the top of the first page of your letter and on the
envelope in which you mail the letter. For additional information refer
to 43 CFR 2.60.
Record access procedures:
If you wish to obtain a copy of any your records contained in the
system, contact the System Manager at the address above. 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) BIA home agency; and
(g) Time period(s) that records belonging to you may have been
created or maintained, to the extent known by you.
The request must be in writing and signed by you. You should let us
know whether you are seeking all of the records about you that may be
maintained by the system, or only a specific portion of them. If you
are only seeking a portion of them, you should describe those records
you are seeking with sufficient detail to enable an individual familiar
with the system to locate them with a reasonable amount of effort. To
ensure proper handling of your request, you should include the notation
``PRIVACY ACT REQUEST FOR ACCESS'' at the top of the first page of your
letter and on the envelope in which you mail the letter. For additional
information, refer to 43 CFR 2.63.
Contesting record procedures:
To request corrections or the removal of any specific record
contained in the system, contact the System Manager at the address
above. 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) BIA home agency; and
(g) Time period(s) that records belonging to you may have been
created or maintained, to the extent known by you.
The request must be in writing and signed by you. Before you make
such a request, you must have requested access to your records and have
either impacted them or obtained copies of them as described above. You
must also identify which record or portion thereof you are contesting,
indicating why you believe that it is not accurate, relevant, timely,
or complete, and provide a copy of any documents in your possession
that support your claim with your letter. You may also propose specific
language to implement the changes sought. To ensure proper handling of
your request, you should include the notation ``PRIVACY ACT REQUEST FOR
AMENDMENT'' at the top of the first page of your letter and on the
envelope in which you mail the letter. For additional information,
refer to 43 CFR 2.71.
Record source categories:
(a) BIA, OST, Minerals Management Service, Bureau of Land
Management, Office of Hearings and Appeals, and other appropriate
agencies in DOI;
(b) Other Federal, state, and local agencies;
(c) Tribal offices if the title or realty function is contracted or
compacted under the Indian Self-Determination and Education Assistance
Act, Pub. L. 93-638, 86 Stat. 2203, as amended;
(d) Courts of competent jurisdiction, including tribal courts; and
(e) Private, financial and business institutions, and entities.
Exemption claimed for the system:
None.
[FR Doc. E7-3371 Filed 2-26-07; 8:45 am]
BILLING CODE 4310-W7-P