Notice2023-04673
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
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, Indian Gaming Individuals Record System. This system of records includes information submitted to the NIGC so that it may review and verify eligibility determinations of key employees and primary management officials for tribal licenses in Indian gaming 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 14647-14649]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04673]
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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, Indian Gaming Individuals Record System.
This system of records includes information submitted to the NIGC so
that it may review and verify eligibility determinations of key
employees and primary management officials for tribal licenses in
Indian gaming 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#5323213a2532302a133d3a34307d343c25"><span class="__cf_email__" data-cfemail="a2d2d0cbd4c3c1dbe2cccbc5c18cc5cdd4">[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#0b7f62662564787e664b65626c68256c647d"><span class="__cf_email__" data-cfemail="35415c581b5a464058755b5c52561b525a43">[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 tribal licensing of
key employees and primary management officials in gaming enterprises on
Indian lands. The IGRA requires a tribe to notify the Commission of the
results of background checks for primary management officials and key
employees of Indian gaming enterprises and the issuance of tribal
licenses to them (25 U.S.C. 2710(b)(2)(F)(I) and (III)). Further, under
the IGRA, the Commission has 30 days to object to issuance of a license
by a tribe (25 U.S.C. 2710(c)(1)). Commission rules implement these
legislative provisions by (1) requiring tribes to obtain certain
information from applicants for key employee and primary management
official positions in gaming operations; (2) requiring tribes to
forward to the Commission the required information for each key
employee and primary management official; (3) reviewing and verifying
the submitted information; and (4) conducting supplementary background
investigations to the extent the Commission deems necessary. 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 four new categories: 10 (criminal charges); 11 (previous
licensing agency); 12 (photograph); and 14 (fingerprints). In addition,
the descriptions of all existing categories have been modified for
greater precision.
<bullet> Record Source Categories has been updated to include three
new categories: fingerprint cards; criminal records history
information; and, NIGC--tribal correspondence relating to tribal
applicant decisions.
<bullet> Routine Uses of Records has been updated to include two
new uses that will allow agency to share information with, and
coordinate a 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.
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SYSTEM NAME AND NUMBER:
Indian Gaming Individuals Record System--NIGC-1.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
National Indian Gaming Commission headquarters at 90 K Street NW,
Washington, DC.
SYSTEM MANAGER(S):
Criminal Justice Information Services System Owner, National Indian
Gaming Commission, 90K Street NE, Suite 200, Washington, DC 20002. tel:
202-632-7003, email: <a href="/cdn-cgi/l/email-protection#d7b4a4b897b9beb0b4f9b0b8a1"><span class="__cf_email__" data-cfemail="f093839fb09e999793de979f86">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
25 U.S.C. 2710(b)(2)(F).
PURPOSE(S) OF THE SYSTEM:
The system is used by Commission members and staff to review and
verify eligibility determinations of key employees and primary
management officials for tribal licenses in Indian gaming enterprises.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Key employees and primary management officials as defined under 25
CFR 502.
CATEGORIES OF RECORDS IN THE SYSTEM:
Summary information from applications for licensing at gaming
enterprises on Indian lands; information collected by the staff and
members of the Commission; summary information from reports of
background investigations; fingerprint card information; criminal
history information provided by the Federal Bureau of Investigation;
and copies of tribal eligibility determinations. Such information may
include: (1) Last name, first name, middle name, other names used (oral
or written), signature, social security number, date of birth, place of
birth, citizenship, current address, race, gender, height, weight, eye
color, hair color, languages spoken; (2) Current, and for the previous
five years: business and employment positions held; ownership interests
in those businesses; business and residence addresses, and driver's
license numbers; (3) the names and current addresses of at least three
personal references; (4) current business and residence telephone
numbers; (5) a description of any previous business relationships with
Indian tribes, including ownership interests in those businesses; (6) a
description of any existing and previous business relationships with
the gaming industry generally, including ownership of interests in
those businesses; (7) 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, whether or not such license or
permit was granted; (8) for each felony for which there is an ongoing
prosecution or a conviction, the charge, the name and address of the
court involved, and the date and disposition if any; (9) for each
misdemeanor conviction or ongoing misdemeanor prosecution (excluding
minor traffic violations) within 10 years of the date of application,
the name and address of the court involved and the date and
disposition; (10) For each criminal charge excluding minor traffic
charges) whether or not there is a conviction, if such criminal charge
is within 10 years of the date of application, the criminal charge, the
name and address of the court involved and the date and disposition;
(11) The name and address of any licensing or regulatory agency with
which the person has filed an application for an occupational license
or permit, whether or not such license or permit was granted; (12) A
photograph; (13) Any other information a tribe deems relevant; and (14)
Fingerprints consistent with procedures adopted by a tribe according to
25 CFR 522.2(h).
RECORD SOURCE CATEGORIES:
Tribes or tribal entities; Federal Bureau of Investigation;
Federal, state, foreign, tribal, and local law enforcement and
regulatory agencies; Commission Chair and staff.
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 of regulatory agencies to verify information
supplied by applicant key employees and primary management officials in
connection with determining eligibility for tribal licenses in an
Indian gaming enterprise.
2. To disclose relevant information to tribes that licenses or may
wish to license individuals in Indian gaming enterprise.
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 a civil regulatory
or enforcement action to protect the integrity of Indian gaming.
6. 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.
7. To another Federal agency or Federal entity, when 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:
Records are maintained in electronic format in an electronic
information system that is a hybrid system consisting of an on-site
server a related cloud tenant environment. Some information is stored
as structured data within a database system and some information is
stored as unstructured electronic files.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Employee name, gaming operation where employed, social security
number, and date of birth.
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-600-2017-011 Item 2,
requiring that
[[Page 14649]]
applicant background information has a 5 year retention period; NIGC
Schedule DAA-600-2017-011 Item 3, requiring that applicant criminal
history record information has a 1 year retention period; NIGC Schedule
DAA-600-2017-003 Item 5, requiring that tribal ``notices of results''
has a 3 year retention period; and, NIGC Schedule DAA-600-2017-003 Item
6, requiring that Tribal ``notices of the issuance of a gaming
licenses'' has a 3 years 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 and limited information about applicant
past employment history is also made available to selected authorized
tribal gaming regulators. 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 Privacy Act regulations, 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 Commission
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. 2023-04673 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.