[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40601-40603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16101]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Privacy Act of 1974, as Amended; Establishment of a New System of 
Records

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of addition of a new system of records.

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SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs 
(BIA) is issuing public notice of its intent to add a new Privacy Act 
system of records to its inventory of records systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet 
the requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of records systems maintained by 
the agency (5 U.S.C. 552a(e)(4)). The new Privacy Act system of records 
is entitled Interior, BIA-34: ``National Irrigation Information 
Management System (NIIMS).''

DATES: Comments must be received by August 25, 2008.

ADDRESSES: Any persons interested in commenting on this new system of 
records may do so by submitting comments in writing to the Privacy Act 
Officer, 625 Herndon Parkway, Herndon, Virginia 20170, or by e-mail to 
Joan.Tyler@bia.gov.

FOR FURTHER INFORMATION CONTACT: For information regarding Interior, 
BIA-34, National Irrigation Information Management System (NIIMS), 
contact Vicki Forrest, Deputy Bureau Director, Office of Trust 
Services, Bureau of Indian Affairs, 1849 C Street, NW., Washington, DC 
20240, or by e-mail to Vicki.Forrest@bia.gov.

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 establishes the 
Privacy Act system of records entitled Interior, BIA-34, ``National 
Irrigation Information Management System (NIIMS).''
    NIIMS is a billing, debt collection, and debt management system for 
customers of Indian irrigation operation-and-maintenance and 
construction projects operated by the BIA with costs that are 
reimbursable to the Federal government. NIIMS tracks financial billing 
and collection information, establishes receivables, processes 
collection actions and posts them against the receivables, and on a 
daily basis generates summarized transactions for interfacing with 
other Departmental financial systems.

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

SYSTEM NAME:
    National Irrigation Information Management System (NIIMS): 
Interior, BIA--34.

SYSTEM LOCATION:
    DOI National Business Center (NBC), 7401 W. Mansfield Ave, D-2772, 
Denver, CO 80235-2230.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (1) Customers (water users) of Indian irrigation operation-and-
maintenance and construction projects operated by the BIA, including 
individuals (Indians and non-Indians), private sector parties 
(businesses), and tribal governments.
    (2) Owners of land on which Indian irrigation projects are 
constructed, operated and maintained, to whom payments for water are 
made, including individuals (Indians and non-Indians), private sector 
parties (businesses), and tribal governments.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Information on current and former owners of land on which 
Indian irrigation projects are constructed, including land owner 
account number, Social Security Number, tax identification number, 
Indian identification number, phone number, name, address, Federal or 
State identification numbers.
    (2) Customer (water user) billing information, including name of 
the person who remits payment, and the name of the party who was 
legally allowed to claim an applicable tax write-off for irrigation 
related expenses.
    (3) Information about land on which irrigation projects are 
constructed including land construction data, county assigned district 
identifier,

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acreage, description of location, name of owner or lessee, phone number 
of the owner or lessee, and the value of the construction debt 
allocated to the land.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system of records is maintained under the authority of 25 
U.S.C. 1, 1a, 13; 18 U.S.C. 3055; 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 uses of the records are to bill customers of Indian 
irrigation operation-and-maintenance and construction projects operated 
by the BIA, (including individual Indian and non-Indians and private 
sector parties (businesses)) with costs that are reimbursable to the 
Federal government, for water supplied by these projects, and to 
collect debts resulting from unpaid bills.
    Disclosure outside the Department of the Interior may be made:
    (1) To the Department of the Treasury to recover debts owed to the 
United States. When a NIIMS account is delinquent for 120 days, it is 
referred to the Treasury for collection. The information shared with 
the Treasury includes the tax ID or social security number, the 
customer name and address, along with the amount of debt owed.
    (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 of 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 news media when the disclosure is compatible with the 
purpose for which the records were compiled.
    (13) To owners of land on which Indian irrigation projects are 
constructed, operated and maintained (including individual Indian and 
non-Indians and private sector parties (businesses)) to verify the 
payment received.

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 on paper in a locked office or secured desk or 
cabinet, and in electronic form on hard disks and magnetic tapes.

RETRIEVABILITY:
    Customer records are retrieved by name or customer ID number (if 
assigned). Ownership information is retrieved by owner name, unit 
serial number, or owner ID number (if assigned). Land information is 
retrieved by unit serial number.

SAFEGUARDS:
    NIIMS is maintained with controls meeting safeguard requirements 
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.
    (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

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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 the NIIMS 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 NIIMS 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 Bureau of Indian Affairs Manual (BIAM), approved 
by the National Archives and Records Administration (NARA), and are 
scheduled for permanent retention.

SYSTEM MANAGER(S) AND ADDRESS:
    Financial Specialist, Division of Irrigation, Power, and Safety of 
Dams, Office of Trust Services, Bureau of Indian Affairs, 911 NE 11th 
Avenue, Portland, OR 97232.

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.

RECORDS 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 includes information taken from individuals, 
information manually extracted from other in-house BIA records such as 
realty and probate records, information from county assessors and title 
companies, information from tribal documents, information collected 
from the Department of the Treasury, and information extracted from 
native allotment files by authorized BIA employees.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E8-16101 Filed 7-14-08; 8:45 am]
BILLING CODE 4312-RY-P