[Federal Register: January 28, 2003 (Volume 68, Number 18)]
[Page 4220-4221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Office of the Secretary

Privacy Act of 1974: As Amended; Revision to an Existing System 
of Records

AGENCY: Office of the Secretary, Department of the Interior.

ACTION: Proposed revisions to an existing system of records.


SUMMARY: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the 
Department of the Interior is issuing public notice of its intent to 
modify an existing Privacy Act system of records notice managed by the 
Office of the Secretary entitled the ``Electronic Email Archive System 
(EEAS)'', Interior--OS-10 (67 FR 46202-46203, dated July 12, 2002). The 
revisions will update the ``Categories of individuals covered by the 
system'' section.

EFFECTIVE DATE: These actions will be effective January 28, 2003.

FOR FURTHER INFORMATION CONTACT: For more information on the EEAS 
system and its requirements, please contact Regina Lawrence, Office of 
the Chief Information Officer, Department of the Interior at 202-208-
5413, or mail at MS-5312-MIB, 1849 C St. NW., Washington, DC 20240.

SUPPLEMENTARY INFORMATION: In this notice, the Department of the 
Interior is proposing to add additional Departmental bureaus/offices 
that will be participating in the EEAS to the ``Categories of 
individuals covered by the system'' section. These additional bureaus/
offices are the Office of Surface Mining, the Bureau of Reclamation, 
and the National Business Center. These bureaus/offices are being added 
because they may also send or receive email with information related to 
Indian Trust programs. The EEAS was developed as a way to respond to 
information requests from the Court in the Cobell et al. v. Norton, et 
al., Federal District Court Case No. 1:96CV01285 litigation.
    Thus, the Department of the Interior proposes to amend EEAS, 
Interior--OS-10 to read as follows:

    Dated: January 23, 2003.
Marilyn A. Legnini,
Departmental Privacy Act Officer.

    Electronic Email Archive System (EEAS).

    Sensitive, but unclassified.

    The records of this system are located at a digital safe site at a 
location managed by the contractor for the Department of the Interior. 
Only information maintained at this site by the contractor is 
considered a Privacy Act system of records covered by this notice.

    The system contains information on individuals who send and receive 
electronic messages using Internet email and interoffice email from and 
to those Departmental bureaus/offices involved with Indian Trust 
programs, and those individuals who are referred to in the electronic 
messages. These bureaus/offices are as follows: Office of the 
Solicitor; Bureau of Indian Affairs; Office of the Special Trustee for 
American Indians; Office of the Assistant Secretary--Indian Affairs; 
Bureau of Land Management; Office of the Assistant Secretary--Policy, 
Management, and Budget; Office of Hearings and Appeals; Office of 
Historical Trust Accounting; Office of the Secretary; the Minerals 
Management Service; the United States Geological Survey; the National 
Park Service; and the U.S. Fish and Wildlife Service. The following 
bureau/offices are being added to the EEAS because the Court is 
concerned that they may send or receive email containing individual 
Indian Trust related information: the Office of Surface Mining; the 
Bureau of Reclamation; and the National Business Center.

    Records include information from Internet email and interoffice 
email, including address of sender and receiver(s), subject, date sent 
or received, text of the message, name of attachment, attachment text, 
and certification status. The name and email address of the sender and 
receiver are captured along with the bcc, cc, subject line, and text of 
the message.

    5 U.S.C. 301, 43 CFR part 1455, and 40 CFR part 1441.

    The system's main purpose is to respond to requests from the 
federal district court in Cobell v. Norton regarding information about 
individual Indian Trust programs that is embodied in email 
    Disclosures outside the Department of the Interior can be made to:
    (a) Contractors who service and maintain the system for the 
Department, ensuring that all provisions of the Privacy Act, and all 
other applicable laws, regulations, and policies relating to 
contracting and record security are met.
    (b) Another Federal agency to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (c)(1) To any of the following entities or individuals.
    (A) The Department of Justice (DOJ), or
    (B) To a court, adjudicative or other administrative body, or
    (C) To a party in litigation before a court or adjudicative or 
administrative body, or
    (D) The Department or any component of the Department, or
    (E) Any Department employee acting in his or her official capacity, 
    (F) Any Departmental employee acting in his or her individual 
capacity if the Department or the DOJ has agreed to represent that 
employee or pay for private representation of the employee,

[[Page 4221]]

    (2) When:
    (A) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (i) The Department or any component of the Department;
    (ii) Any Department employee acting in his or her official 
    (iii) Any Departmental employee acting in his or her individual 
capacity if the Department or the DOJ has agreed to represent that 
employee or pay for private representation of the employee;
    (iv) The United States, when the DOJ determines that the Department 
is likely to be affected by the proceeding; and
    (B) The Department deems the disclosure to be:
    (i) Relevant and necessary to the proceeding; and
    (ii) Compatible with the purposes for which the records were 

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    Information in this system of records is maintained in electronic 
format on a system hard drive.

    This specific system has the capability of performing searches 
through email archive information identified in the ``Category of 
records'' section above using any word or number criteria. This 
capability makes it unique from other email archive systems that are 
maintained by Interior bureaus/offices, and therefore, this system 
becomes subject to Privacy Act requirements.

    The contractor maintaining this system must follow the requirements 
under 5 U.S.C. 552a(e)(10) and 43 CFR 2.51 for security standards. A 
security plan was developed to prevent unauthorized access to the 
system. The plan addresses application security, administration/user 
security, and application agreements. Access to the system is limited 
to authorized personnel whose official duties require such access. The 
EEAS system will be maintained at the Government contractor's facility 
at a secured data center.

Retention and disposal:
    Records in this system will be retained indefinitely pending 
completion of Cobell et al. v. Norton, et al., U.S.D.C. D.C., No. 
1:96CV01285 or until the Court orders the Department to retain/dispose 
of these records differently.

System manager(s) and address:
    The Technology Services Division, Administrative Operations 
Directorate, National Business Center, Department of the Interior, MS-
1540-MIB, 1849 C St. NW., Washington, DC 20240.

Notification procedures:
    To determine whether your records are in this Privacy Act system of 
records, contact the Privacy Act Officer at the bureau/office from 
which your email message was sent or where it was received (see list of 
participating bureau/offices identified in the ``Categories of 
individuals'' section above). Interior bureaus/offices are listed at 
the Department of the Interior Web site at http://www.doi.gov. The 
request must meet the requirements of 43 CFR 2.60. Provide the 
following information with your request:
    (a) Proof of your identity;
    (b) List of all the names by which you have been known, such as 
maiden name or alias;
    (c) Your Social Security Number;
    (d) Your mailing address;
    (e) Time period(s) that records pertaining to you may have been 
created or maintained, to the extent known by you (See 43 CFR 
2.60(b)(3)); and
    (f) Specific description or identification of the records you are 
requesting (including whether you are asking for a copy of all of your 
records or only a specific part of them), and the maximum amount of 
money that you are willing to pay for their copying (See 43 CFR 

Record access procedures:
    To request access to records, follow procedures in the 
``Notification procedure'' section above. The request must meet the 
requirements of 43 CFR 2.63. Provide with your request the same 
information identified in the ``Notification procedures'' sections.

Contesting record procedures:
    To request an amendment of a record, send requests in writing to 
the contacts identified in the ``Notification procedure'' section 
above. The request must meet the requirements of 43 CFR 2.71.

Records source categories:
    Some information maintained in the system is collected from mag-
tapes provided by Interior bureau/office email backup systems from 
those installations identified in the ``Categories of individuals'' 
section above. This information is downloaded onto a hard drive managed 
by the contractor and stored digitally. Information from Interior 
bureau/office e-mail servers will be captured in real time, transmitted 
electronically through secured networks, and captured and stored 
electronically into the EEAS.

Exemptions claimed for the system:

[FR Doc. 03-1891 Filed 1-27-03; 8:45 am]