INTERIOR/BIA-12, Indian Trust Land Mortgages

48 FR 41104 (September 13, 1983); Modification published 86 FR 50156 (September 7, 2021)
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DEPARTMENT OF THE INTERIOR
 
Privacy Act of 1974; Revision and Update of Systems of Records
 
This notice updates and revises the information which the Department of the Interior has published describing systems of records maintained which are subject to the requirements of Section 3 of the Privacy Act of 1974 (5 U.S.C. 552a). Except as noted below, all changes being published are editorial in nature, and reflect organization changes and other minor administrative revisions which have occurred since the publication of the material in the Federal Register on April 11,1977 (42 FR 19035), and July 3,1980 (45 FR 45381).
 
Twenty-five systems of records notices for records maintained by the Bureau of Indian Affairs are updated and republished in their entirety below. Fifteen of the notices are revised to add a compatible disclosure to consumer reporting agencies. They are: BIA-1, BIA-2, BIA-3, BIA-4, BIA-5, BIA-7, BIA-8, BIA-10, BIA-11, BIA-13, BIA-14, BIA-15, BIA-17, BIA-22, and BIA-23.
 
Part X of the Appendix containing addresses of facilities of the Department which pertains to the Bureau of Indian Affairs (published at 42 FR 18992-18995) is revised and updated. The detailed listing of Bureau of Indian Affairs field facilities is no longer required for use with the Bureau’s system notices and is deleted. The revised Part X of the Appendix is published below.
 
The system notices published below shall become effective on September 13, 1983. Additional information regarding this notice may be obtained from the Departmental Privacy Act Officer, Office of the Secretary (PIR), U.S. Department of the Interior, Washington, D.C. 20240.
 
Dated: September 7,1983.
Richard R. Hite
Deputy Assistant Secretary of the Interior. 
 
INTERIOR/BIA-12
 
SYSTEM NAME:
Indian Trust Land Mortgages—Interior, BIA-12
 
SYSTEM LOCATION:
Area and Agency Offices. (For a listing of specific locations, contact the Systems Manager.)
 
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Indians who mortgaged trust land to customary lenders.
 
CATEGORIES OF RECORDS IN THE SYSTEM:
Mortgage records and supporting documents.
 
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
25 U.S.C. 483(a).
 
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES FOR SUCH USES:
The primary uses of the records are
  • (a) to furnish lender with information on applicant and on status of land and
  • (b) to maintain current information on payments and balances of loan.

Disclosures outside the Department of the Interior may be made

  • (1) To disclose or transfer to another Federal agency, a State of local government, an Indian tribal group or a contractor that will have jurisdiction over programs now managed by the BIA,
  • (2) To the Economic Development Administration, Farmers Home Administration and Small Business Administration in regard to participating funding between those agencies and BIA,
  • (3) To the U.S. Department of Justice when related to litigation or anticipated litigation,
  • (4) Of information indicating a violation or potential violation of a statute, regulation, rule, order or license, to appropriate Federal State, local or foreign agencies responsible for investigating or prosecuting the violation or for enforcing or implementing the statute, rule, regulation, order or license, 
  • (5) From the record of an individual in response to an inquiry from a Congressional office made at the request of that individual,
  • (6) To title insurance and abstracting companies and attorneys for the purposes of determining ownership of and encumbrances against title, and
  • (7) To another Federal agency or Federal entity, when DOI determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in:
    • (a) Responding to a 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 STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
 
STORAGE:
Manual: letter files.
 
RETRIEVABILITY:
  • (a) Indexed by individual’s name.
  • (b) Retrieved by manual search.
SAFEGUARDS:
In accordance with 43 CFR 2.51.
 
RETENTION AND DISPOSAL:
Records are permanently retained. 
 
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Trust Responsibilities, Bureau of Indian Affairs, 18th and C Streets N.W., Washington, D.C. 20245.
 
NOTIFICATION PROCEDURE:
To determine whether the records are maintained on you in this system, write to the System Manager or, with respect to records maintained in the office for which he is responsible, an Area or Field Office Director, or any Agency Superintendent. (See 43 CFR 2.60.)
 
RECORD ACCESS PROCEDURES:
To see your records, write the officials listed in the Notification procedure. Describe as specifically as possible the records sought. If copies are desired, indicate the maximum you are willing to pay. (See 43 CFR 2.63.)
 
CONTESTING RECORD PROCEDURES:
To request correction or the removal of material from your files, write the System Manager. (See 43 CFR 2.71.)
 
RECORD SOURCE CATEGORIES:
Mortgage applicants.

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