Bureau of Indian Affairs, Interior.
Proposed amendment of an existing system of records.
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 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).
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
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 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.
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.
(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:
A copy of the notice, with changes incorporated, is attached.
Trust Asset and Accounting Management System (TAAMS)—Interior, BIA–04.
None.
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)
(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).
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.
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.
(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.
25 U.S.C. 5, 12, 163, 392, 415; 25 U.S.C. 2201
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;
(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.
(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.
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)).
Information may be retrieved primarily by trained individuals possessing appropriate access querying the TAAMS database.
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.
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.
Deputy Director, Office of Trust Services, Bureau of Indian Affairs, 1849 C Street, NW., MS 4513 MIB, Washington, DC 20240.
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
(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.
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.
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.
(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.
None.