Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices 8767 

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 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of addition of a new 

system of records. 

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 

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 

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 

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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8768 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 

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: 

(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 8769 

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. 

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 

(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. 

CONTESTING RECORD PROCEDURES: 

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. 

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 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed amendment of an 

existing system of records. 

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 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 


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