80 FR 27700 - Privacy Act of 1974, as Amended; Notice of a New System of Records

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 80, Issue 93 (May 14, 2015)

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.

[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27700-27703]
From the Federal Register Online  [www.thefederalregister.org]
[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]
BILLING CODE 4334-12-P