Notice2023-04672
Privacy Act of 1974; System of Records
Primary source
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Published
March 9, 2023
Effective
April 10, 2023
Issuing agencies
Interior DepartmentNational Indian Gaming Commission
Abstract
In accordance with the Privacy Act of 1974, as amended, the NIGC is issuing public notice of its intent to modify an existing system of records entitled, Management Contract Individuals Record System. This system of records is used to maintain information that is collected in the course of conducting background investigations on individuals who are contracted to manage Tribal gaming operations and enterprises.
Full Text
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<title>Federal Register, Volume 88 Issue 46 (Thursday, March 9, 2023)</title>
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[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14642-14644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04672]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Privacy Act of 1974; System of Records
AGENCY: National Indian Gaming Commission (NIGC or Commission),
Interior.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
NIGC is issuing public notice of its intent to modify an existing
system of records entitled, Management Contract Individuals Record
System. This system of records is used to maintain information that is
collected in the course of conducting background investigations on
individuals who are contracted to manage Tribal gaming operations and
enterprises.
DATES: This modified system is effective upon publication in the
Federal Register, except for its routine uses, which are effective
April 10, 2023. Please submit any public comment pertaining to this
notice on or before April 10, 2023.
ADDRESSES: Comments may be submitted to Tim Osumi, Senior Agency
Official for Privacy using any of the following methods:
Mail: 1849 C Street NW, Mail Stop #1621, Washington, DC 20240.
Email: <a href="/cdn-cgi/l/email-protection#6d1d1f041b0c0e142d03040a0e430a021b"><span class="__cf_email__" data-cfemail="8efefce7f8efedf7cee0e7e9eda0e9e1f8">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Tim Osumi, Senior Agency Official for
Privacy at NIGC Office of Privacy, 1849 C Street NW, Mail Stop #1621,
Washington, DC 20240; or by telephone at (202) 264-0676; or by email at
<a href="/cdn-cgi/l/email-protection#afdbc6c281c0dcdac2efc1c6c8cc81c8c0d9"><span class="__cf_email__" data-cfemail="b5c1dcd89bdac6c0d8f5dbdcd2d69bd2dac3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Congress established the NIGC under the
Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701 et seq.) (IGRA) to
regulate gaming on Indian lands. The scope of this notice covers
information necessary to ensure proper oversight of contract managers
of Indian gaming operations and enterprises on Indian lands. The IGRA
requires the Chair to (1) obtain background information on each person
having a direct financial interest in, or management responsibility
for, a management contract, (2) conduct background investigations of
such persons, and (3) make a determination as to the person's
eligibility and suitability for Indian gaming. The Commission stores
this information in the current system of records. The following is a
summary of the systemic modifications that are being proposed in this
notice. For more details, please refer to the specific section
referenced.
<bullet> System Manager has been updated.
<bullet> System Location has been updated.
<bullet> Categories of Records in the System has been updated to
include three new categories: 11 (financial statements); 12 (criminal
charges); and 13 (fingerprints). In addition, the descriptions of all
existing categories have been modified for greater precision.
<bullet> Record Source Categories has been updated to include one
new category: public information and information resources. Also, the
categories for investigative reports compiled by tribes, Office of
Personnel Management, contractors, or credit bureaus have been
eliminated.
<bullet> Routine Uses of Records has been updated to include two
new uses that will allow the agency to share information with outside
entities as part of a coordinated response to a suspected or confirmed
information breach.
<bullet> Policies and Practices for Storage of Records has been
updated to account for the agency's transition from paper to electronic
recordkeeping.
<bullet> Policies and Practices for Retention and Disposal of
Records has been updated to include relevant records retention and
disposition schedules that have been approved since the last public
notice.
<bullet> Administrative, Technical, and Physical Safeguards has
been updated to account for the agency's transition from paper to
electronic recordkeeping and the Information Technology measures that
are in place to protect the records.
SYSTEM NAME AND NUMBER:
Management Contract Individuals Record System--NIGC-2.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The records are in electronic format and located in electronic
folders on a cloud tenant environment.
SYSTEM MANAGER(S):
Background Investigator Manager, National Indian Gaming Commission,
90K Street NE, Suite 200, Washington, DC 20002. tel: 202-632-7003
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
25 U.S.C. 2711.
PURPOSE(S) OF THE SYSTEM:
The records are used by Commission members and staff to review and
verify eligibility and suitability of persons with a financial interest
in, or management responsibility for, a management contract at an
Indian gaming facility.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons with a financial interest in, or management responsibility
for, a management contract as defined under 25 CFR part 502. Persons
who are directors of a corporation that is party to a management
contract.
CATEGORIES OF RECORDS IN THE SYSTEM:
Copies of applications; background and financial information
collected by staff and copies of reports of background investigations.
Such information includes: (1) Full name, other names used (oral or
written), social security number(s), birth date, place of birth,
citizenship, and gender; (2) A current photograph, driver's license
number, and a list of all languages spoken or written; (3) Business and
employment positions held, and business and residence addresses; the
city, state and country of residences; (4) The names and current
addresses of at least three personal references; (5) Current business
[[Page 14643]]
and residence telephone numbers; (6) A description of any existing and
previous business relationships with Indian tribes, including ownership
interests in those businesses; (7) A description of any existing and
previous business relationships with the gaming industry generally,
including ownership interests in those businesses; (8) The name and
address of any licensing or regulatory agency with which the person has
filed an application for a license or permit relating to gaming; (9)
For each gaming offense and for each felony for which there is an
ongoing prosecution or a conviction, the name and address of the court
involved, the charge, and the dates of the charge and of the
disposition; (10) For each misdemeanor conviction or ongoing
misdemeanor prosecution (excluding minor traffic violations) within ten
years of the date of the application, the name and address of the court
involved, and the dates of the prosecution and the disposition; (11) A
complete financial statement showing all sources of income for the
previous three years, and assets, liabilities, and net worth as of the
date of the submission; (12) For each criminal charge (excluding minor
traffic charges) regardless of whether or not it resulted in a
conviction, if such criminal charge is within ten years of the date of
the application and is not otherwise listed pursuant to 9 or 10 of this
section, the name and address of the court involved, the criminal
charge, and the dates of the charge and the disposition; (13)
Fingerprint card submissions for each person for whom background
information is provided under this section; (14) Whatever other
information the NIGC deems relevant.
RECORD SOURCE CATEGORIES:
Individual applications and supplemental information provided by
such applicants; background investigation reports compiled by the NIGC;
information provided by persons interviewed as part of a background
investigation; Federal, state, foreign, tribal, and local law
enforcement and regulatory agencies; Commission staff and members;
public records and information sources.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. To disclose relevant information to Federal, State, tribal, or
local law enforcement or regulatory agencies to verify information
supplied by applicants in connection with determining eligibility and
suitability.
2. To disclose relevant information to tribes that engage
management contractors to manage their Indian gaming operations.
3. In the event that records in this system indicate a violation or
potential violation of law, criminal, civil, or regulatory in nature,
the relevant records may be referred to the agency charged with
responsibility for investigating or prosecuting such violation.
4. To disclose relevant information to a congressional office from
the record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. To disclose relevant information to a Federal, State, local, or
tribal agency (or their agents) that is involved in civil, criminal or
regulatory investigations or prosecutions or investigations of
activities while associated with a gaming operation to protect the
integrity of Indian gaming.
6. To disclose relevant information to Indian tribal officials who
have need for the information in the performance of their official
duties.
7. To appropriate agencies, entities, and persons when:
(a) NIGC suspects or has confirmed that there has been a breach of
the system of records;
(b) NIGC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, NIGC
(including its information systems, programs, and operations), the
Federal Government, or national security; and,
(c) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with NIGC's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
8. To another Federal agency or Federal entity, when the NIGC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in:
(a) Responding to suspected or confirmed breach; or
(b) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records are maintained in electronic format in an electronic
folder system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Individual applicant name, associated gaming operation or
enterprise, management contractor.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All records in the system are temporary records and retained and
disposed of in compliance with records retention and disposition
schedules that have been approved by the National Archives and Records
Administration, including: NIGC Schedule DAA-600-2017-0008 Item 4
requires that background investigation final reports have a 10 year
retention period; NIGC Schedule DAA-600-2017-0008 Item 5 requires that
background investigation billing records have a 10 year retention
period; NIGC Schedule DAA-600-2017-0008 Item 6 requires that background
investigation submitted documents and working files have a 7 year
retention period.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The system is only accessible to authorized users using strong
password protection. It utilizes firewalls, intrusion detection
prevention system (IDPS), a virtual protocol network (VPN) and
encrypted communications to protect its perimeter. Access to the system
is limited to NIGC personnel who have a need to know for the
performance of their duties. Information within the system is
compartmentalized and granular access is dependent on a permission
structure that is role-based. All persons authorized to access the
system are required to complete training that includes information
about the legal requirements for proper handling of privacy information
including criminal history records information (CHRI).
RECORD ACCESS PROCEDURES:
Individuals seeking access to information in this system of records
about themselves are required to meet the requirements of NIGC
regulations that implement the Privacy Act of 1974, at 25 CFR part 515.
CONTESTING RECORD PROCEDURES:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought in accordance with NIGC's
Privacy Act regulations at 25 CFR part 515.
NOTIFICATION PROCEDURES:
Any individual who wants to know whether this system of records
contains a record about themselves, can make a request in accordance
with NIGC's
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Privacy Act regulations at 25 CFR part 515 to: Attn: Privacy & Records
Information Management Office, National Indian Gaming Commission, 1849
C Street NW, Mail Stop #1621, Washington, DC 20240.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Under 5 U.S.C. 552a(k)(2) the Commission is claiming exemptions
from certain provisions of the Act for portions of its records. The
exemptions and the reasons for them are described in the regulations 25
CFR 515.13.
HISTORY:
Notice of this system of records was last published in full in the
Federal Register on March 15, 2004 (69 FR 12182).
E. Sequoyah Simermeyer,
Chairman, National Indian Gaming Commission.
[FR Doc. 2023-04672 Filed 3-8-23; 8:45 am]
BILLING CODE 7565-01-P
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</html>Indexed from Federal Register on March 9, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.