BIA-27 SORN - Probate Files

Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices
and SHA will increase available prairie
dog habitat and will potentially expand
an existing active colony of UPDs on the
Norman property. The action is
categorically excluded under the
National Environmental Policy Act
(NEPA). This notice is provided
pursuant to section 10 of the Act, and
the Service’s Safe Harbor Policy (64 FR
32717).
The Service has evaluated the impacts
of this action under the NEPA and
determined that it warrants categorical
exclusion as described in 516 DM 8, 8.5
C. (1). The Service will evaluate
whether the issuance of the ESP
complies with section 7 of the Act by
conducting an intra-Service section 7
consultation on the issuance of the
permit. The result of the biological
opinion, in combination with the above
finding and any public comments, will
be used in the final analysis to
determine whether or not to issue the
requested ESP, pursuant to the
regulation that guide issuance of the
type of permit.
(Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).)
Dated: January 11, 2007.
James J. Slack,
Deputy Regional Director, Denver, Colorado.
[FR Doc. E7–3378 Filed 2–26–07; 8:45 am]
BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Privacy Act of 1974, as Amended;
Establishment of a New System of
Records
Bureau of Indian Affairs,
Interior.
ACTION: Notice of addition of a new
system of records.

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AGENCY:

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–27:
BIA Probate Files.’’
DATES: The proposed new system of
records will become effective without
further notice on April 9, 2007, unless
comments received result in a contrary

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determination. Under 5 U.S.C.
552a(e)(11), the public is provided a 30day 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
OMB may comment (for a total of 40
days in which to make these comments).
BIA will publish a subsequent notice if
changes are made based on review of
comments received.
ADDRESSES: Interested individuals may
submit comments on this publication to
Director, Special Projects Office,
Western Regional Office, Bureau of
Indian Affairs, 400 N. 5th Street, 10th
Floor, Phoenix, AZ 85004, or fax to
(602) 379–4005.
FOR FURTHER INFORMATION CONTACT: For
information regarding BIA–27 Probate,
contact Bill Titchywy, Director, Special
Projects Office, Western Regional Office,
Bureau of Indian Affairs, 400 N. 5th
Street, 10th Floor, Phoenix, AZ 85004,
(602) 379–4002.
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 establishes the Privacy Act
system of records entitled ‘‘Interior
BIA–27: BIA Probate Files.’’ The
purpose of this system is to provide
information on the types of records
assembled in BIA for the purpose of
processing a probate file and the
categories of records associated with the
probate program. BIA assembles and
maintains these files with regard to any
given probate of an estate of a decedent
who owned trust or restricted Indian
land, then provides the file to the Office
of Hearings and Appeals for use in the
adjudication process. The records
include both hard copy and electronic
copy, stored in software called ProTrac.
The ProTrac software stores information
related to individual Indian estates and
allows BIA probate personnel to track
information related to each estate and
search the information during the
probate process. ProTrac allows BIA
probate personnel to obtain listings of
deaths, obtain the status on any estate,
and measure progress, correctness, and
timeliness of work done on probate
cases.
ProTrac is proposed to interface with
both the Trust Asset and Accounting
Management System (TAAMS) and the
Trust Fund Accounting System (TFAS)
to ensure that the information in
ProTrac necessary for probate functions

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is as up-to-date as possible and that
information affected by probate in
TAAMS and TFAS is updated.
Dated: February 7, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary—Indian
Affairs.
INTERIOR/BIA–27
SYSTEM NAME:

Bureau of Indian Affairs Probate Files.
SECURITY CLASSIFICATION:

None.
SYSTEM LOCATION:

(1) Bureau of Indian Affairs Central
Office, 1849 C Street, NW., MS 4641,
MIB, Washington, DC 20240, and (2)
Bureau of Indian Affairs Regional
Offices at: Alaska, Eastern, Eastern
Oklahoma, Great Plains, Midwest,
Navajo, Northwest, Pacific, Rocky
Mountain, Southern Plains, Southwest,
and Western. (For a listing of specific
locations, contact the System Manager.)
These locations have access to the
ProTrac software.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals who are potential heirs,
legatees, devisees, creditors, or parties
interested in the estate of a decedent
owning Indian land in trust or restricted
status or who provide information to the
BIA on the decedent.
CATEGORIES OF RECORDS IN THE SYSTEM:

Records in the system fall into the
following categories:
• Originals or copies of all wills,
codicils, and revocations, or other
evidence that a will may exist;
• Social Security Numbers of the
decedent, legatees, and probable heirs or
devisees;
• The place(s) of enrollment and the
tribal enrollment or census numbers of
the decedent and potential heirs,
legatees, or devisees;
• Current names and addresses of the
decedent’s potential heirs, legatees, and
devisees;
• Any sworn statements regarding the
decedent’s family, including any
statements of paternity or maternity;
• Any statements renouncing an
interest in the estate including
identification of the person or entity in
whose favor the interest is renounced, if
any;
• A list of known claims by creditors
of the decedent against the estate and
their addresses, including copies of any
court judgments;
• Documents, certified if possible,
from the appropriate authorities
concerning the public record of the

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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices

decedent, including but not limited to:
(1) Any marriage licenses or divorce
decrees of the decedent; (2) adoption
and guardianship records concerning
the decedent or the decedent’s potential
heirs, legatees, or devisees; (3) use of
other names by the decedent, including
copies of name changes by court order;
and (4) orders requiring payment of
child support;
• The evidence of death of the
decedent, such as a death certificate;
• A completed Form OHA–7, ‘‘Data
for Heirship Findings and Family
History,’’ certified by BIA, with the
enrollment or other identifying number
shown for each potential heir or
devisee, if such number has been
assigned;
• Information provided by potential
heirs, legatees, devisees or the tribes
regarding: (1) Whether the heirs,
legatees, and devisees meet the
definition of ‘‘Indian’’ for probate
purposes, including enrollment or
eligibility for enrollment in a tribe; (2)
whether the potential heirs, legatees, or
devisees are within two degrees of
consanguinity of an ‘‘Indian,’’ in
accordance with the Indian Land
Consolidation Act, 25 U.S.C. 2201 et
seq.; and (3) whether an individual
qualifies as an ‘‘Indian’’ because of an
ownership interest in trust or restricted
land, and if so, identification of the date
on which the individual became the
owner of the trust or restricted interest;
• A certified inventory of trust or
restricted land, including: (1) Accurate
and adequate descriptions of all land
and appurtenances; (2) all
encumbrances on the land, including
but not limited to leases, mortgages, and
rights of way; (3) identification of any
interests that represent less than 5% of
the undivided interest in a parcel; and
(4) identification of all income
generating activity, such as leases or
rights of way and any assignments of
such income;
• A statement showing the balance of
the decedent’s individual Indian money
(IIM) account on the date of death;
• Quarterly statements showing all
distributions to and disbursements from
the decedent’s IIM account after the date
of death;
• A copy of any cover letter that
accompanied any wills, codicils or
revocations we have returned to the
testator;
• Documentation of any payments
made on claims made against the estate;
• The record of every tribal or
individual request to purchase a trust or
restricted land interest at probate;
• The record of any individual
request for a consolidation agreement,
including a description, such as an

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Individual/Tribal Interest Report, of any
lands not part of the decedent’s estate
that are proposed for inclusion in the
consolidation agreement; and
• An affidavit by the probate staff, if
applicable, certifying whether all
documents required by the regulation
(25 CFR part 15) to process a probate
were located, certifying that the
Department has complied with 25
U.S.C. 2201 et seq. in attempting to
locate any missing potential heirs,
legatees, and devisees, and identifying
the steps that were taken to locate
missing documents.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301, 551; 25 U.S.C. 2, 9, 372,
373, 373a, 373b, 374, and 2201 et seq.;
25 CFR part 15; 43 CFR part 4.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

The primary purposes of the system
are listed below:
(1) To provide a central repository for
records related to a given probate estate
that can be forwarded to the Office of
Hearings and Appeals (OHA) for
adjudication and to monitor the
progress of an estate through the probate
process;
(2) To allow BIA employees to collect
and gather information regarding
potential heirs, legatees, devisees, and
creditors of an estate;
(3) To allow Office of Special Trustee
(OST) employees to document the status
of decedent IIM accounts; and
(4) To provide OHA with a source of
information regarding the estate.
DISCLOSURES OF THESE RECORDS OUTSIDE THE
DEPARTMENT OF THE INTERIOR WILL BE LIMITED
TO:

(1) A federal, state, local, or tribal
agency or contractor where necessary
and relevant to the preparation and
administration of a probate case and
subsequent distribution of estate assets
as ordered by the deciding official;
(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:

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(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, or a family member
when the individual is a guardian or an
estate administrator or representative;
(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; and
(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.
DISCLOSURE 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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Probate file records are maintained in
manual form in file folders. Electronic
records, including those created from
hard copies, are maintained in the BIA
probate computer system (ProTrac).
RETRIEVABILITY:

Both manual and electronic records
are retrieved by the name, owner
identification number, Social Security
Number, or account number of the
decedent, devisee, heir, or claimant.
SAFEGUARDS:

Manual records are maintained in file
cabinets under the control of authorized
personnel and comply with minimum
DOI safeguard requirements for
maintaining Privacy Act system of
records under 43 CFR 2.51. Electronic
records are safeguarded by permissions
set to ‘‘Authenticated Users’’ which

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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices
require password login, and comply
with DOI and National Institute of
Standards and Technology cyber
security requirements. A Privacy Impact
Assessment has been completed for
probate files and ProTrac in accordance
with the E-Government Act of 2002 and
OMB requirements for new and
amended information systems.
RETENTION AND DISPOSAL:

Records are retained permanently.
SYSTEM MANAGER(S) AND ADDRESS:

Director, Special Projects Office,
Bureau of Indian Affairs, Western
Regional Office, 400 N. 5th Street, 10th
Floor, Phoenix, AZ 85004.
NOTIFICATION PROCEDURES:

If you wish to determine if this system
of records contains information about
you, you may write to the System
Manager at the address listed above.
Your request must be in writing and
signed by you and include contact
information, such as a telephone
number or address, where you can be
reached should additional information
be needed from you to confirm your
identity. 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.
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.

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RECORD ACCESS PROCEDURES:

If you wish to obtain a copy of any
records that the system may contain that
are about you, you may write to the
System Manager at the address listed
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

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(g) Time period(s) that records
belonging to you may have been created
or maintained, to the extent known by
you.
Your request must be in writing and
signed by you. You should state
whether you are seeking all of the
records about you that may be
maintained in 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.
If you wish to request that any
specific records that the system may
contain that are about you be corrected,
you may write to the System Manager at
the address listed 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.
Your request must be in writing and
signed by you. Before you make such a
request, you must first have requested
access to your records, and have either
inspected 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.

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RECORD SOURCE CATEGORIES:

Records in the system contain
information submitted by potential
heirs, legatees, devisees, creditors, and
other parties knowledgeable about the
decedent, the decedent’s family or the
decedent’s estate, as well as information
from other government entities (e.g.,
birth and death certificates).
EXEMPTIONS CLAIMED FOR THIS SYSTEM:

None.
[FR Doc. E7–3367 Filed 2–26–07; 8:45 am]
BILLING CODE 4310–W7–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Privacy Act of 1974, as Amended;
Amendment of an Existing System of
Records
Bureau of Indian Affairs,
Interior.
ACTION: Proposed amendment of an
existing system of records.
AGENCY:

CONTESTING RECORD PROCEDURES:

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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
notice entitled Interior BIA–25
‘‘Integrated Records Management
System (IRMS),’’ published at 45 FR
45381 (July 3, 1980). BIA proposes to:
(1) Update the information on the
location of the 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 disclosures to
Federal, state, or local agencies
regarding the reporting of an
investigation of an employee. BIA is
accomplishing these changes in part by
updating its system of records through
conversion to the new application, Trust
Asset and Accounting Management
System (TAAMS), which has replaced
the Land Records Information System
(LRIS) and will replace the 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 30day 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

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