[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27700-27703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11688]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[156D0102DM/DS10700000/DMSN00000.000000/DX.10701.CEN00000]
Privacy Act of 1974, as Amended; Notice of a New System of
Records
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of creation of a new 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 is issuing a public notice of
its intent to create the Indian Arts and Crafts Board system of
records. The system will assist the Department of the Interior's Indian
Arts and Crafts Board in overseeing the implementation of the Indian
Arts and Crafts Act of 1990, as amended, and managing Indian Arts and
Crafts Board program activities. This newly established system will be
included in the Department of the Interior's inventory of record
systems.
DATES: Comments must be received by June 23, 2015. This new system will
be effective June 23, 2015.
ADDRESSES: Any person interested in commenting on this new system of
records may do so by submitting written comments to Teri Barnett,
Departmental Privacy Officer, U.S. Department of the Interior, 1849 C
Street NW., Mail Stop 5547 MIB, Washington, DC 20240; hand-delivering
comments to Teri Barnett, Departmental Privacy Officer, U.S. Department
of the Interior, 1849 C
[[Page 27701]]
Street NW., Mail Stop 5547 MIB, Washington, DC 20240; or emailing
comments to [email protected].
FOR FURTHER INFORMATION CONTACT: Director, Indian Arts and Crafts
Board, U.S. Department of the Interior, 1849 C Street NW., Mail Stop
2528 MIB, Washington, DC 20240; or by telephone at 202-208-3773.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Interior (DOI), Office of the Secretary is
creating the Indian Arts and Crafts Board system of records. The system
will assist the DOI Indian Arts and Crafts Board (IACB) in overseeing
the implementation of the Indian Arts and Crafts Act of 1990, the
investigation of individuals or organizations that offer or display for
sale or sell any good, with or without a Government trademark, in a
manner that falsely suggests it is Indian produced, an Indian product,
or the product of a particular Indian or Indian tribe or Indian arts
and crafts organization within the United States. The system also helps
the IACB manage its program activities; promote the economic
development of American Indians and Alaska Natives of federally
recognized tribes through the expansion of the Indian arts and crafts
market; provide promotional opportunities, general business advice, and
information on the Indian Arts and Crafts Act to Native American
artists, craftspeople, businesses, museums, and cultural centers of
federally recognized tribes; manage museum exhibitions and activities;
and produce the Source Directory of American Indian and Alaska Native
Owned and Operated Arts and Crafts Businesses.
In a notice of proposed rulemaking, which is published separately
in the Federal Register, the Department of the Interior is proposing to
exempt particular records maintained in this system from certain
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
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 that
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, embodies fair information
practice 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 records
about individuals that are 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 about an individual is retrieved by the
name or by some identifying number, symbol, or other identifying
particular assigned to the individual. The Privacy Act defines an
individual as a United States citizen or lawful permanent resident. As
a matter of policy, DOI extends 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
located at 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 and the routine uses of the
information in each system in order to make agency record keeping
practices transparent, notify individuals regarding the uses of their
records, and assist individuals to more easily find such records within
the agency. Below is the description of the Indian Arts and Crafts
Board, DOI-24, system of records.
In accordance with 5 U.S.C. 552a(r), DOI has provided a report
concerning this system of records to the Office of Management and
Budget and to Congress.
III. Public Disclosure
Before including your address, phone number, email 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.
Date: May 11, 2015.
Teri Barnett,
Departmental Privacy Officer.
SYSTEM NAME:
Indian Arts and Crafts Board, DOI-24
SYSTEM LOCATION:
Records in this system are maintained by the Department of the
Interior, Indian Arts and Crafts Board, 1849 C Street NW., Mail Stop
2528-MIB, Washington, DC 20240; Office of Law Enforcement, U.S. Fish
and Wildlife Service, 500 Gold Avenue, Mail Stop 9021, Albuquerque, New
Mexico 87102; and at IACB field offices located at DOI facilities.
Records are also maintained at DOI IACB museum facilities: Southern
Plains Indian Museum, 801 E Central Boulevard, Anadarko, Oklahoma
73005; Museum of the Plains Indian, 19 Museum Loop, Browning, Montana
59417; and Sioux Indian Museum, 222 New York Street, Rapid City, South
Dakota 57701.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who donate collection objects or other materials to the
IACB; request access to or information about collections materials;
request usage of or rights to archival materials held by the IACB;
participate in exhibits, lectures, conferences, contests, or similar
events sponsored by the IACB; individuals investigated or arrested for
offering or displaying for sale or selling any good, with or without a
Government trademark, in a manner that falsely suggests it is Indian
produced, an Indian product, or the product of a particular Indian or
Indian tribe or Indian arts and crafts organization; complainants and
witnesses of complaints or investigations; and individuals who contact
or correspond with DOI officials on matters relating to the management
of IACB activities or implementation of the Indian Arts and Crafts Act.
This system includes current and former IACB Commissioners and Board
members, DOI employees, contractors, and volunteers who are involved in
providing the services or the management of IACB program activities,
promotions, or initiatives; employees or officials from other agencies,
museums, or organizations involved in IACB exhibits, promotions, or
activities; and Federal, state, local, or tribal law enforcement
officials involved in investigating complaints. This system contains
records concerning corporations and other business entities, which are
not subject to the Privacy Act. However, records pertaining to
individuals acting on behalf of corporations and other business
entities may reflect personal information.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records created or compiled during the
management and oversight of IACB activities including records relating
to Native American arts and crafts, and outreach to Native American
artists, craftspeople, businesses, museums, educational, and cultural
organizations; records relating to economic development for Native
American artists
[[Page 27702]]
and craftspeople; and law enforcement records. These records include
tribal enrollment documents, photographs, forms, reports, and
correspondence, which may include: First and last names, Social
Security numbers, dates of birth, home or work addresses, home or work
telephone numbers, email addresses, other contact information, badge
numbers, investigation case numbers, identification numbers for
subjects of investigation, tribal affiliation, tribal enrollment
numbers, ethnicity and race, gender, fingerprints, hair and eye color,
any other physical or distinguishing attributes of an individual, and
category of art or craft. Law enforcement records in this system may
also include additional information on individuals collected during the
course of conducting an investigation on alleged violations of the
Indian Arts and Crafts Act, such as background information, business
and personal affiliations, and correspondence, referrals, and findings
resulting from such investigations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 101-644, The Indian Arts and Crafts Act of 1990; Public
Law 106-497, The Indian Arts and Crafts Enforcement Act of 2000; Public
Law 111-211, The Indian Arts and Crafts Amendments Act of 2010; 25
U.S.C. 305, Indian Arts and Crafts Board; creation and composition; per
diem payments; 18 U.S.C. 1159, Misrepresentation of Indian produced
goods and products; and 25 CFR 309, Protection of Indian Arts and
Crafts Products.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The system will assist the Department of the Interior IACB in
implementation of the Indian Arts and Crafts Act, and management and
oversight of program activities.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, disclosures outside DOI may be made as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(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 the Executive Office of the President in response to an
inquiry from that office made at the request of the subject of a record
or a third party on that person's behalf, or for a purpose compatible
for which the records are collected or maintained.
(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 for 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, territorial, 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) 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.
(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 Department of the Treasury to recover debts owed to the
United States.
(13) To the news media and the public, with the approval of the
Public Affairs Officer in consultation with Counsel and the Senior
Agency Official for Privacy, where there exists a legitimate public
interest in the disclosure of the information, except to the extent it
is determined that release of the specific information in the context
of a particular case would constitute an unwarranted invasion of
personal privacy.
(14) To organizations or members of the general public who inquire
about artists that have had business with the IACB in order to purchase
their art work or craft, or to schedule or attend an exhibit or other
similar event.
(15) To Federal, state, local, or tribal law enforcement agencies
in order to initiate investigations, criminal
[[Page 27703]]
proceedings, or civil actions related to complaints or alleged
violations of the Indian Arts and Crafts Act and other Federal laws.
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 1996 (31
U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records maintained in paper form are stored in file folders in file
cabinets. Electronic records are maintained in computer servers,
computer hard drives, electronic databases, email, and electronic media
such as removable drives, compact disc, magnetic disk, diskette, and
computer tapes.
RETRIEVABILITY:
Information within this system may be retrieved by individual's
name, physical address, region and state of residence, email address,
tribal affiliation, category of art or craft, investigation number, and
identification number for subject.
SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security rules and policies.
During normal hours of operation, paper records are maintained in
locked filed cabinets under the control of authorized personnel.
Computers and storage media are encrypted in accordance with DOI
security policy. The computer servers in which electronic records are
stored are located in secured DOI facilities with physical, technical
and administrative levels of security to prevent unauthorized access to
the DOI network and information assets. Security controls include
encryption, firewalls, audit logs, and network system security
monitoring. Access to servers containing records in this system is
limited to DOI personnel and other authorized parties who have a need
to know the information for the performance of their official duties,
and requires a valid username and password. Electronic records are
safeguarded by permissions set to ``Authenticated Users'' which require
password login. Personnel authorized to access the system must complete
all Security, Privacy, and Records Management training and sign the DOI
Rules of Behavior.
RETENTION AND DISPOSAL:
IACB records are maintained in accordance with records retention
schedules approved by the National Archives and Records Administration
(NARA): Comprehensive Schedule of Indian Arts and Crafts Board (IACB)
Textual Records (N1-435-93-001); Indian Arts and Crafts Board (IACB)
Audiovisual and Publicity-Related Records (N1-435-92-002); Indian Arts
and Crafts Board (IACB) Commemorative Volume, 1980, and Correspondence
(N1-435-93-002); and Records of the Indian Arts and Crafts Board (IACB)
Field Offices, 1930-1983 (N1-435-92-001). IACB Commissioners'
biographical records, organizational files and program records, records
of meetings, correspondence, publications, and other records relating
to the official operations and functions of the IACB have a permanent
disposition, and these records are transferred to NARA after cut-off.
Other records including routine correspondence, administrative copy
files, budget files, and duplicate copies have a temporary disposition,
and these records are destroyed in accordance with their applicable
retention schedules. Approved disposition methods for temporary records
include shredding or pulping paper records, and erasing or degaussing
electronic records in accordance with 384 Departmental Manual 1 and
NARA guidelines.
SYSTEM MANAGER AND ADDRESS:
Director, Indian Arts and Crafts Board, U.S. Department of the
Interior, 1849 C Street NW., Mail Stop 2528-MIB, Washington, DC 20240.
NOTIFICATION PROCEDURES:
The Department of the Interior is proposing to exempt portions of
this system from the notification procedures of the Privacy Act
pursuant to section (k)(2). 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 2.235.
RECORDS ACCESS PROCEDURES:
The Department of the Interior is proposing to exempt portions of
this system from the access procedures of the Privacy Act pursuant to
section (k)(2). 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 2.238.
CONTESTING RECORDS PROCEDURES:
The Department of the Interior is proposing to exempt portions of
this system from the amendment procedures of the Privacy Act pursuant
to section (k)(2). 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 2.246.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from individual members of the
public; organizations; Federal, state, local or tribal officials; DOI
employees, contractors, and volunteers; and any persons who correspond
or communicate with the IACB in the course of program management
activities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system contains law enforcement investigatory records that are
exempt from certain provisions of the Privacy Act, 5 U.S.C. 552a(k)(2).
Pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act, the Department of
the Interior has exempted portions of this system from the following
subsections of the Privacy Act: (c)(3), (d), (e)(1), (e)(4)(G) through
(e)(4)(I), and (f). In accordance with 5 U.S.C. 553(b), (c), and (e),
the Department of the Interior has promulgated a rule, which has been
published separately in today's Federal Register.
[FR Doc. 2015-11688 Filed 5-13-15; 8:45 am]
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