IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) ) Case No. 1:96cv01285(JR) DIRK KEMPTHORNE, Secretary of the Interior, ) et al., ) ) Defendants. ) __________________________________________) NOTICE OF FILING OF THE THIRTY-FIFTH QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY The Department of the Treasury has prepared its Thirty-Fifth Quarterly Report on Actions Taken By the Department of the Treasury to Retain IIM-Related Documents Necessary For an Accounting and submits it to the Court in accordance with this Court’s Order of December 21, 1999. A copy of the report is attached hereto. Dated: September 2, 2008 Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ John R. Kresse ROBERT E. KIRSCHMAN, Jr. (D.C. Bar No. 406635) Deputy Director JOHN R. KRESSE Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Phone (202) 514-3368 Fax (202) 514-9163 CERTIFICATE OF SERVICE I hereby certify that, on September 2, 2008 the foregoing Notice of Filing of the Thirty-Fifth Quarterly Report for the Department of the Treasury was served by Electronic Case Filing, and on the following who is not registered for Electronic Case Filing, by facsimile: Earl Old Person (Pro se) Blackfeet Tribe P.O. Box 850 Browning, MT 59417 Fax (406) 338-7530 /s/ Kevin P. Kingston Kevin P. Kingston DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT WASHINGTON, DC 20239·0001 September 2, 2008 MEMORANDUM FOR: GREGORY G. KATSAS ASSISTANT A TTOR,'lEY GENERAL CIVIL DIVISION U.S. DEPARTMENT OF JUSTICE FROM: PAUL G. WOLFTEICH '72 ".4 ~./ CHIEF COUNSEL fQoe,. BUREAU OF THE PUBLIC DEBT DEPARTMENT OF THE TREASURY SUBJECT: THIRTY-FIFTH QUARTERLY REPORT COBELL v. KEMPTHORNE Included with this cover memorandum is the "Thirty-Fifth Quarterly Report on Actions Taken by the Department of the Treasury to Retain lIM-Related Documents Necessary for an Accounting" (the Report). The Report has been prepared by the Department of the Treasury pursuant to the Court Order and Opinion in Cabell v. Babbitt (D.D.C. CV No. 96-1285), filed December 21, 1999. The Report includes information concerning the Financial Management Service ("'FMS"), the Bureau of the Public Debt ("BPD"), and certain Departmental Offices ("DO"). The Report was prepared based on information provided by a number ofprograrn offices from the above-described organizations. The preparation of the Report included circulation of drafts of the Report to program offices that are responsible for the actions described in the Report. Senior officials at FMS and BPD reviewed the Report before it was submitted to the Department of Justice. 1be Department of the Treasury stands ready to respond to any questions or concerns the Court may have after reviewing the Report. www.treasurydirect.gov THIRTY-FIFTH QUARTERLY REPORT ON ACTIONS TAKEN BY THE DEPARTMENT OF THE TREASURY TO RETAIN IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTING Cobell v. Kempthorne September 2, 2008 This is the Thirty-Fifth Quarterly Report filed by the Department of the Treasury (‘Treasury”) pursuant to the Court’s December 21, 1999 Order (“Order”) in the above-captioned case. It covers activities occurring over a three-month period from June 1, 2008 through August 31, 2008. The Order requires Treasury to report on the steps it has taken since the last quarterly report to preserve IIM-related documents. Treasury continues to preserve IIM-related documentation pursuant to the Court’s August 12, 1999 Order, which defines the trust records that Treasury must retain. During the past quarter, Treasury again issued reminders to ensure the retention of required records. The reminders Treasury issued include letters reminding banks (see Attachments A and B), the Secret Service (see Attachment C), Federal Reserve banks and branches (see Attachment D), the National Archives and Records Administration (NARA) (see Attachments E and F), and employees of the Financial Management Service (FMS) and the Bureau of the Public Debt (BPD) (see Attachments G and H) to continue preserving records related to this litigation. Retention instructions to pertinent Departmental Office (DO) employees continue to be posted on DO’s intranet site (see Attachment I). INDEX TO ATTACHMENTS The Department of the Treasury’s Thirty-Fifth Quarterly Report Attachment A. August 19, 2008, letters issued by FMS to Mellon Bank and Bank of America, reminding them to continue preserving all records pertinent to two lockbox accounts used to process IIM deposits (the accounts at both banks are now closed). Attachment B. Example of the August 2008 Business Alert Message issued by FMS to all banks that act as Treasury’s financial agents and August 29, 2008, letter issued by FMS to all banks that formerly acted as Treasury’s financial agents, reminding them to continue to retain, indefinitely, fiscal agency records associated with Interior’s deposits to the Treasury General Account. Attachment C. August 19, 2008, letter issued by FMS, reminding the U.S. Secret Service to continue preserving, until further notice, all Treasury checks that FMS forwards for investigation and related information and records. Attachment D. August 18, 2008, letter from FMS to the Federal Reserve Bank of St. Louis, reminding the Federal Reserve banks and branches to continue to retain, indefinitely, fiscal agency records related to this litigation. Attachment E. August 11, 2008, letter from BPD to NARA, reminding NARA to continue the “freeze” on BPD records at Federal Records Centers. Attachment F. August 14, 2008, letter from FMS to NARA, reminding NARA to continue the “freeze” on FMS records at Federal Records Centers. Attachment G. Global e-mail issued August 18, 2008, to all FMS employees, and posted on FMS’ intranet site, reminding employees to continue retaining records related to this litigation indefinitely and to continue utilizing the “Cobell Archive” mailbox to retain all IIM-related e-mail. Attachment H. Global e-mail issued August 18, 2008, to all BPD employees, and posted on BPD’s intranet site, reminding employees to continue preserving IIM-related records indefinitely and sending all IIM-related e-mail to BPD’s dedicated mailbox. Attachment I. Retention instructions to DO employees, posted on DO’s intranet site, including steps for sending e-mail documents to DO’s dedicated “Cobell” mailbox. Attachment A 1 of 2 DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE WASHINGTON, D.C. 20227 August 19, 2008 Mr. David H. Dunlap, Vice President Mellon Bank Mellon Client Service Center 500 Ross Street, Suite 154-1360 Pittsburg, PA 15262-0001 Re: Minerals Management Service Lockbox Account Agency Location Code 14170001, Lockbox Number 911-4258 Dear Mr. Dunlap: As you know, FMS remains under continuing court orders in Cabell, et al. v. Kempthorne, et al. and various cases brought by Indian tribes to preserve, indefinitely, all records relating to Individual Indian Money (lIM) and tribal trust funds and assets. Treasury has become subject to a new document retention order in Seminole Nation of Ok/ahoma v. United States, No. 06-935L (C.F.C.). A copy of this order is enclosed. The new retention order does not impose any new retention requirements on yo~ because our retention instructions for the Cabell case and other tribal cases have been sufficiently broad to cover all Indian trust materials. In other words, the same retention instructions for the Cabell case and other tribal cases are adequate to meet the requirements ofthis new tribal retention order. Accordingly, please continue to retain all documentation pertaining to the above-referenced lockbox account until further notice. You have confirmed that the records for this account include: Standard Form 215 Standard Form 5515 ACH Receiving Remittance/Payment Report Demand Deposit Account Activity Statements any forms used to facilitate internal processing, such as the CA$H-LINK II Deposit Report Form You must retain the records for this account IN ALL FORMS AND MEDIA generated for the account. This includes paper, electronic, microfilm, microfiche, or any other media. If you create the same record in multiple media, you must retain the record in all media. Attachment A Page 2 -Minerals Management Service Lockbox Account 1 of 2 Please distribute this letter to appropriate bank personnel, including records management personnel. Ifyou have any questions regarding these retention instructions, please contact me at (202) 874-6847. Thank you for your continued cooperation. ~M Michael Mackay 1 Director General Revenue Collection Division Enclosure Attachment A 2 of2 DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE WASHINGTON, D.C. 20227 August 19,2008 Mr. Stephen C. Herndon, Senior Vice President Bank ofAmerica Federal Government Banking Division 600 Peachtree Street NE Atlanta, GA 30308-2214 Re: Bureau ofIndian Affairs -Palm Springs Lockbox Account (closed 11/1/05) Agency Location Code 00004844, Lockbox Number 72758 Dear Mr. Herndon: As you know, FMS remains under continuing court orders in Cobell, et al. v. Kempthorne, et al. and various cases brought by Indian tribes to preserve, indefinitely, all records relating to Individual Indian Money (11M) and tribal trust funds and trust assets. Treasury has become subject to a new document retention order in Seminole Nation of Oklahoma v. United States, No. 06-935L (C.F.C.). A copy ofthis order is enclosed. The new retention order does not impose any new retention requirements on you, because our retention instructions for the Cobell case and other tribal cases have been sufficiently broad to cover all Indian trust materials. In other words, the same retention instructions for the Cobell case and other tribal cases are adequate to meet the requirements ofthis new tribal retention order. Notwithstanding the fact that the above-referenced lockbox account was closed effective November 1,2005, please continue to retain all documentation pertaining to the account until further notice. You have confinned that the account records include: Standard Form 215 Standard Form 5515 Check copies Monthly Account Activity Reports (MAAR) Monthly Account Activity Statements (MAAS) Standard Listing Any forms used to facilitate internal processing, such as the Daily Balance Sheet Your bank must continue to retain the records for this account IN ALL FORMS AND MEDIA that were generated. Accordingly, notwithstanding that your bank began generating photocopies ofthe checks associated with this account on October 1, 2001, you must continue retaining any duplicate copies on microfilm, unless and until FMS obtains court approval for your bank to retain only pre-October 2001 microfilm copies and post-September 2001 photocopies. Attachment A 2 of2 Page 2 -Bureau ofIndian Affairs -Palm Springs Lockbox Account Please distribute this letter to appropriate bank personnel, including records management personnel. Ifyou have any questions regarding these retention instructions, please contact me at (202) 874-6847. Thank you for your continued cooperation. 7CW Michael Mackay, Director General Revenue Collection Division Enclosure cc. (wI Enc) Linda S. Corbett, Senior Vice President, Bank of America [Business Alert Message (BAM) for Current TGAs] This is a reminder to continue preserving records in accordance with FMS’ prior instructions to your financial institution. As stated in our initial letter dated July 9, 1999 and each successive reminder letter, including the most recent Broadcast Administrative Message issued in September 20, 2007, due to ongoing litigation, your financial institution must retain, until further notice: Standard Form 215, Standard Form 5515 and any supporting documentation, IN ALL FORMS AND MEDIA, associated with transactions relating to deposits received from the Department of the Interior for credit to the Treasury's General Account (TGA). This includes paper, electronic, microfilm, microfiche, or any other media. If you have not already done so, please designate a point of contact at your financial institution to disseminate these record retention instructions to appropriate personnel at your organization (including records management personnel). Please ensure that an appropriate dissemination and compliance process is in place to ensure these instructions are being followed at your financial institution. If these retention instructions create a problem for your operations, please send your concerns in writing to the Over-the-Counter Revenue Collection Division at 401 14th Street, S.W., Room 307C, Washington, DC 20227. If you have any questions, contact the Federal Reserve Bank of St. Louis at 1-866-771­1842 or Ava Singleton on (202) 874-9986. Attachment B DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE 2of2 WASHINGTON, D.C. 20227 August 29, 2008 Dear Sir or Madam: This is a reminder to continue preserving records in accordance with FMS' prior instructions to your fmancial institution. As stated in our initial letter dated July 9, 1999 and each successive reminder letter, including our most recent reminder letter dated February 27, 2008, due to ongoing litigation, your financial institution must retain, until further notice: Standard Form 215, Standard Form 5515 and any supporting documentation, IN ALL FORMS AND MEDIA, associated with transactions relating to deposits received from the Department ofthe Interior for credit to the Treasury's General Account (TGA). This includes any such records formerly maintained by the financial institutions shown on the attached list, now in your possession, custody or control. This includes paper, electronic, microfilm, microfiche, or any other media. If you have not already done so, please designate a point of contact at your financial institution to disseminate these record retention instructions to appropriate personnel at your organization, including records management personnel. Please ensure that an appropriate dissemination and compliance process is in place to ensure these instructions are being followed at your fmancial institution. Ifthese retention instructions create a problem for your operations, please send your concerns in writing to the Over-the-Counter Revenue Collection Division (OTCD) at 401 14th Street, S.W., Room 307C, Washington, DC 20227, as soon as possible. Thank you for your continuing cooperation in this matter. Ifyou have any questions, the first point ofcontact is the Federal Reserve Bank of St. Louis at 1-866-771-1842. Should you have further questions, feel free to contact Ava Singleton on (202) 874-9986. Sincerely, Corve . A. McDaniel, Director Over-the-Counter Revenue Collection Division (OTCD) AlC Federal Finance Attachment C DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE HYATTSVILLE, MD 20782 AUG 19 3m Michael Stenger Assistant Director, Office ofInvestigations U.S. Secret Service 950 H Street, N.W. Washington, D.C. 20223 Re: Document Retention Requirements Dear Mr. Stenger: This letter is to serve as a reminder that Treasury remains subject to continuing court orders in Cobell, et al. v. Kempthorne, et al. and various cases brought by Indian tribes to retain, indefinitely, "every document, [datum/data] or tangible thing .., containing information that is relevant to, or is reasonably calculated to lead to discovery of admissible evidence relevant to, the subject matter involved in pending litigation." Copies of these orders and Treasury's stipulation in the Cobell case were provided to Secret Service. Please let me know if you need additional copies ofthese documents. Treasury has become subject to a new document retention order in Seminole Nation of Oklahoma v. United States, No. 06-935L (C.F.C.). A copy ofthis order is enclosed. The new retention order does not impose any new retention requirements on you, because our retention instructions for the Cobell case and other tribal cases have been sufficiently broad to cover all Indian trust materials. In other words, the same retention instructions provided for the Cobell case and other tribal cases are adequate to meet the requirements ofthis new tribal retention order. As stated in previous reminder letters to Secret Service, among the types ofrecords that Treasury must preserve to comply with these court orders are all Treasury checks and check-related records. Accordingly, please continue to preserve, until further notice, all Treasury checks that FMS forwards to your bureau for investigation and all information and records your bureau maintains relating to those checks. Please continue to take all steps necessary to determine and document that all such records in the possession of Secret Service are being preserved indefinitely. Attachment C Page 2 -Document Retention Requirements Ifyou have any questions concerning these retention orders, please contact Terri Dawson intheFMSChiefCounsel'soffice,at(202) 874-6877,orme,at(202) 874-7913. Thank you for your continued cooperation and assistance. Sincerely, ~~bo~ Che Resolution Division Enclosure cc: (w/Enc.):ThomasDougherty,OfficeofChiefCounsel,U.S. SecretService- Fax #202/406-6544 (ph. 406-5871) Attachment 0 DEPARTMENT OF THE TREASURY (I FINANCIAL MANAGEMENT SERVICE WASHINGTON. D.C. 20227 AUG 18 2008 VIA FACSIMILE AND REGULAR u.s. MAIL Mary H. Karr Senior Vice President The Federal Reserve Bank of St. Louis 411 Locust Street St. Louis, MO 63102 Re: Retention of Treasury Fiscal Agency Records in Compliance with Court Orders in Cabell and Tribal Trust Litigation and Treasury's Standing Instructions Dear Ms. Karr: The purpose ofthis letter is to remind the Federal Reserve Bank (FRB), which serves as Treasury's fiscal agent, to continue complying with the record retention requirements imposed by court orders in Cabell, et al. v. Kempthorne, et al. and tribal trust cases and by Treasury instructions. Treasury has become subject to a new court order in Seminole Nation ofOklahoma v. United States, No. 06-935L (C.F.C.). A copy of this order is enclosed. The new court order does not impose any new retention requirements on you, because our retention instructions for the Cabell case and other tribal cases have been sufficiently broad to cover all Indian trust materials. In other words, the same retention instructions for the Cabell case and other tribal cases are adequate to meet the requirements of this new order. Earlier court orders and Treasury instructions remain effective and unchanged. I Treasury's "standing instructions" require that no Treasury fiscal agency records be destroyed without the prior written approval of Treasury's designated representative(s). The Chief Counsels of the Financial Management Service (FMS) and the Bureau of the Public Debt (BPD) are designated to provide you (FRB's designated representative) with written destruction approvals on behalf of their respective bureaus, for specific categories offiscal agency records that Treasury determines are not "Cobell" or "Tribal" related. Please continue to take all steps you deem appropriate to ensure that all Federal Reserve Banks and Branches continue to preserve pertinent Treasury fiscal agency records indefinitely. "Records" include "documents," "data" and "tangible things," in all forms I An Order entered in the Jicarilla and Laguna cases on April 18,2005 clarified the definition of "Preservation" as used in March 19, 2004 Orders. The clarification was consistent with our interpretation of the term. Page 2 -Retention of Treasury Fiscal Agency Records in Compliance with Court ~tt~chment D in Cobell and Tribal Trust Litigation and Treasury's Standing Instructions and media (e.g., paper, film, electronic), at all locations (including Federal Records Centers, private storage facilities and on-site facilities), and in any associated NARA "Record Groups" (including, but not necessarily limited to, Record Groups 425, 39, 50, 53 and 82). Thank you for your cooperation. Please direct any inquiries to me at (202) 874-6681 or to Paul Wolfteich, Chief Counsel for BPD, at (202) 504-3705. Sincerely, h7a-J. 7a-u t /YlaA-r ttL­ Margaret Marquette Chief Counsel Ene ee (w/out ene): Paul Wolfteich, Chief Counsel, BPn DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT PARKERSBURG, WV 26106·1328 August 11, 2008 National Archives and Records Administration Life Cycle Management Division Attention: Stephen Cooper 8601 Adelphi Road College Park, MD 20740-660 I Re: Suspending Destruction Dear Mr. Cooper: As you are aware, the Bureau aCthe Public Debt (BPD), Department aCthe Treasury, has been under court order since August 1999 to preserve all documents relating to the pending litigation, Cabell v. Kempthorne. et al., which challenges the government's management afthe Individual lndian Monies (IIM). The purpose of this letter is to remind you that BPD remains under court order to preserve records indefinitely for purposes of the Cobelliitigation. Therefore, we request that the Federal Records Centers continue to implement the freeze on !!!records from BPD Record Groups 53 and 82 and preserve all such records until further notice. Thank you for your cooperation in this matter. Sincerely, ~ / V.;d..~~r Vicki Thorpe, Manager. Administrative Support Branch Records Officer www.treasuryolrecl.gov Attachment F DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE HYATTSVILLE, MD 20782 August 14, 200R Thomas F. Mills Assistant Archivist for Regional Records Services National Archives and Records Administration Office ofRegional Ret:ords Services ~60 I Adelphi Road, Suite 3600 College Park, MD 20740 Dear Mr. Mills: The purpose of this letter is to rem.ind you that Financial Management Service (vMS), a bureau of the U.S. Department ofthe Treasury, remains under court order to preserve records ind finitely for purposes of the CobelL et al. v. Kempthorne. et a1. litigation. Therefore, we request that the federal Records Centers continue to implement the freeze on all records from FMS Record Groups 39,50 and 425 and preserve all such records until further notice. If you have any questions, you may contact Gino Ables at (202) 874-6281. Thank you for your cooperation in this matter. Sincerely, ~~n~J Administrati,ve Programs Division FMS Insider> News> Cobeii Litig:ation > Cobeiirrribai Litig:ation-92 --Commissioner" Pag:e 1 of 4 Attachment G ®FMS Insider You ..-e h..-e:.I::!Q.m!: >.t!l:M. > Cobell Liti CobellfTrjbol Ljti""tjon-9~ --Commi••joner 1jllm," fAY1 Liligotio. _ HIS Re1en'ion Require""'n" AU FMS employee' .....goin remioded Ib'" Fl>IS re"",in....bje« to con'inuiog eoort 0'*.. om Tre.wry dire«ive .. requirin~ u, '0 ..,oin .00 '.£.p1ard aU docu"",n',. <1.>,. om tangible thing. 'b'" reI... '0 IOOivKluaJ IOOillIl Money (llM) om TriboJ """ fw>d, 1lIIIl ...."_ ind. i..,I\I<1i<>•• p"".id<-d below lor ,be CoINll c om ' we remain in romplionre wilb aU «>W1 onl"" ..... dire«iv... pi.... eon,i."" '0 odbe.. to !be lollowin~ FMS require"",n": Dr "'" d""M any <10<"'''''0'' d", or t>ocil>!o 'hi"", ""le,, yo" reqive'eitio. AP!"""oJ" ("",,«Ion ,be FMS i"r:one' on ,be ""CobeILffril>al [j'ig.>'ion" ""I;"). The oolf urrPlion 12 Ihi' rule is for ""ol>vjoo. IlOIl-reoool nulehd Inb,,~reb ..d <:-moil wd OIhrr elrcrrnnk doQ![Q>P/l !p tb;>jr «",-£1M 4qli"tcd mJj!!"w CCpbrI! Arrhive@(m," for Il~l_rel.>ted e_m.iIIelrcrrooic docu"",." .00 "Tri~,1 ~hjioo."'fm," fOO" Tnb"l_rel.:...d e_n>ail!eleetronic docwn<"'). To insert • mailbo• .>ddre" on llIIe_mail. .imply '}P" "TobrU" or "Trib..• ..... 1""" lhe ""En'''''' key. Yoo ouy dele'e J'OOI ropy of IlIIJ' e-mail or OIber elr«ronic docun"n' .... to the.. m.!Ibo>.e. f'rornmtv fmw",! 'nY ypicrw1j! m>\\igrs IbM fl'1l1f IQ ,mr lri .... !p EMS' drdblNl "Jrih,l" 'oi,,""'il ",,,,,il"'!. Follnw"'~ are .tep-by_.tep instructions for f,,!WilIlli.g voicem";l me 1;'" to !be .."",itory: Pre.."T'.her(or"hi;' li ning'0)• newor'ov News> Cobeii Litig:ation > --Commissioner Tiiiman (Aug:ui't 18, 2008 m" Pag:e 2 of 4 Attachment G @FMS Insider You ..-e h..-e:.I::!2.m!: >.t!l:M. > Cobell Liti --Commi••ioner Tilmon fA....u.t 18, 2008 memo) -Pl!<><: 2 Commissioner Tillman (August 18, 2008 memo) -Page 2 P.g. 2 _ Cob"'l ond Tribol Litig>l;oo _ fl\.tS Rot<.'ioo Re'l"i",,,,,,.u The. f""" "2" '0 f"""..-d wilb COOlIOen~ Voic< ac"""",,1 nwlbc«_Crow ,nbe.," (2) u., ide.'ily of u., caller, (l) ,he 'i"", ,00 <1.>,. of u., ""''''age. (4) ,be dumi"" of !be 11I....p'. ond (~) ,be caller'••x"".,io... and f""" it, Enl..HIe.'io. 91313. am f""" JI: Af"', ,be proOlpl>. P"'" ~. and u.,. P"''' ~ .goi. '0 ..00 (focw.ro, Os> nt.. Hrept """"alll 10 • ,.-n'ten ",PM-pl." 'h" P", btt. JI'llroyrd by 'be Cpmmhi<'Q'(' amp: PI.,.. ",fe, '0 u., Dq>u1y Commi"io..,'. M""h U. 2000 n..rno<:.I>ta on FMS Sy'I<""''' (post1 Lili&alio." ""l;") for 1110.. i.fllfDl"';oo obout Ibi quire"",n' finaocj.>1 jmljluljo., rUrn '1"">1;00' to T.ni D.w"", Ol (202) 87-l_68n. [ "JIP'"'Cial< your oo.,i.ued rompJi""", wi'b u.,se in>ltUCt;oo. and .noow'l;" yoo '0 "'''w u., fI!'''i",,"' "",n>OCllOO. po'led "" u., fl\.tS illl....!. To lOCal< ,be rn.>l liIiglllion." If ~ b.w que"io., or ..«I os.i"""",...gan:ling any of !be....I<.,i"" "''I''i",,,,,,o'>. plea..do DOl be.lul. '0 roo<:.ct Tern D.wSOll III (202) 874-6877. 'J1>ml you CobelllTribal Litigation Page I acc Welcome Page Contert O"ner: M~ll!ud: M~m,_ Lost Modified on i1uQust 19, 2008 Add DocUment (Irfot<-ok..-, only) http}lintranet,fms.treaq:ov/counooLnsflprint/520BFC155F5AC03785256C220Cl3E71 05 8119/2008 FMS Insider> News> Cobell Litigation> --Commissioner Tillman (Augu~ 18, 2008 m.. Page 3 of 4 Attachment G "A Quick Rffl.'l'l.'ucl.' Guidl.''' Rnn::o.mER: PRLSER\l: ,U.L I:\lf.RIORlThnIA:'~-TRUST-REL\TI.D :o.LUERlAL!! OBVIOUS iXO:\'RECORD :\IATERIALS These may be destroyed without the approval of the Chief Counsel CATEGORIES I. NllD­Tr~as1ll1'1F.\1S :\bfel'i"l 2, T,'usDrylFMS Dim'ibDtillol R~f~t'~nc~ i\Iat~lial 3, P~rsonal PaJK'1'S 4, Ofb~,' EXAMPLES 0 omce supply catalogs 0 ~ernlof marketing materials 0 flOO-FMS pubHcationsimanuals, such as phone books, Federal Register, dictiorlaries, "lotus Noles for OlnIrnies," etc 0 attendee's copy ot handouts rece;\'ed at meetings, training, etc 0 employee's copy of worll-related organization charts, phone Itsts, Treaswy Correspondeflce Manual, etc. 0 employee's copy of FMS publications, sudl as "Fiscal SCene" 0 excess stocks ot FMS marlleling materials, such as Dlrect Deposit tJrochJres 0 notices received Ie: IT seaxily, scheduling or meetings & ~an rides, trainlng, "actiflg" managers, ~oUng leave, etc. 0 notices received re: retirements, deaths, TSP, CFC, PTI, Flex Account, etc. 0 employee's copy ofT&!'., payroll, personnel, etc. records (excepllTavel recorUslrereptsj 0 plintouts 01 noo-Fedefal Web pages that were not used lor FMS tJusifless 0 flOO-FMS-related caIend.:JrsJreminders 0 recipes, poems, cartoons, etc 0 plinter Mnnef pages and prinler failure reports 0 inferim dralls created but rleVef drcutated to "'Y~ 0 dupticales 01 any of the examples in these four categories CobelllTribill Litigation Page I acc Welcome Page http://intranetJms.treas.il:ovfcounseLnsffprintf09966EOE8976209685257115006 2C104 8.11912008 FMS Insider> News> Cobeii Litig:ation > --Commissioner Tiiiman (Aug:ust 18, 2008 m.. 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'" link """"""""...... on, http}lintranetJms.treas.l.raitii\O.·~.·•••D.E•.•P.A.f:ci:.r.(·~;~·T~A.:l 0 About Us Litigation Obligations and Directives Contacts Click on an item to Office of the General Counsel expand: Page Owner « Back to DO-Portal Directive From General Counsel To All Departmental • What's New Offices Employees Concerning Cobelilitigation Cabell Litigation .. About Treasury By order of the Court in Cobell v. Norton, Departmental Offices Document Retention .. Building Services employees must preserve all documents and records, whether in Search Obligations • Computer/Technology paper, electronic, or other form, that are relevant to any aspect of Homepage .. Contacts/Directories the government's responsibilities with respect to the individual Indian money trust. Such responsibilities include, but are not ~ Dining Services limited to, management, administration, collection, disbursement, .. Emergency Info investment, and accounting of trust funds. .. Employee Services • Ethics/Legal TO comply with the various court orders to which we are subject in .. Executive Secretariat Cabell v. Norton, to make it easier to manage and retrieve electronic mail as needed, and to help ensure that our electronic .. Financial/Procurement mail will continue ta operate, I am requesting that you do the • FOIA/Privacy Act following things: .. Forms/Directives Step One: Search for Previous E-Mails You Have Sent or • Health/Safety Received • HR Connect Search your e-mail, including "Inbox," "Drafts," "Message Log," .. Human Resources and all "Folders" and "Archives," for anything that relates in any .. Jobs/Training way to the Cabell litigation, Individual Indian Monies, or Department of Interior investments on behalf of individual .. Library/Information Indians. Forward any e-mails that you find on this subject .. News (including attachments and retaining forwarding history) to .. Phone Services "Cabell" or Cabell@do.treas.gav. In an effort to manage electronic mail, we have created this dedicated mailbox for Cobell-related • Public Debt Applications and/or discussions relating to Individual Indian Money account. .. Printing & Graphics • Records/Info. Mgmt. Step Two: E-Mails That You Send in the Future Beginning immediately, send a "cc" (not a "bee") of all e·mails (including attachments) that you initiate, that relate in any way to • Reports/Publications .. Security the Cobell litigation, Individual Indian Monies or Department of .. Special Events Interior investments on behalf of individual Indians, to "Cabell." .. Travel/Transportation .. Treasury Web Sites Step Three: E-Mails That You Receive in the Future Also beginning immediatelyI forward all e-mails that you receive (including attachments and retaining forwarding history) that relate in any way to the Cobelllitigation, Individual Indian Monies or Department of Interior investments on behalf of individual Indians, to "Cobell," unless you can tell from the message that the e-mail has already been sent to the "Cabell." If you have questions on this process or the retention of documents, call Thomas McGivern, Counselor to the General Counsel, at 622-2317. If you need help in formulating e-mail searches or forwarding messages, or have questions on the "Cobell" mailbox, contact the HelpDesk at 622-1111. http://home.do.treas.goy/Iiligations/cobell_directive.asp 8/28/2008 P.02 ~UG-28-2008 16:04 Attachment I (I DEPARiMENT OF THE TREASURY WASHINGTON, D.C. GENERAl.. COUNSEl. AUG 6 rool MEMORANDUM TO ALL DEPARTMENTAL OFFlCES EMPLOYEES FROM: ROBERT F. HOYT@ SUBJECf: Obligation to Retain Materials for Indian Litigation The Department ofthe Treasury remains involved in numerous lawsuits filed by Native American individuals and tribes alleging that the U.S. Govennnent owes an accoWlting for their trust funds or has mismanaged their trust funds and propeny. To ensure compliance with court retention orders and other litigation responsibilities, Departmental Offices employees must retain al11J1aterials -whether in paper, electronic (including ~:mai1 or voiCt'>-toail), or tangible form -tbat meet any of the criteria described below. These eriteria are broader than legally required and are designed only for Departmental Offioes materials. 1. Materials that mention or relate to Individual Indian Money or Individual Indian Money accounts. 2. Materials that mention or relate to tribal funds or tribal fund accounts. For example, material relating to the depositing, investing) disbursing, or accounfuIg oftribal funds must be Te~ed. 3. Materialsthatmention orrelatetoanydelaybetweentheissuance ofgovernmentchecks and the redemption of investments in government accounts to Cover those checks -­sometimes called "check float." This criterion is not limited to Indian or tribal tmst funds. Attached are instructions for retaining e-mails and voice~mails by forvvarding them to dedicated mailboxes. You are required to retain these materials until further notice from this Office. Ifyou have questions regarding the retention ofparticular materials, please contact Peter Bieger, Deputy Assistant General Counsel (Banking and Finance) at (202) 622-1975. The retention orders from Cobell v. Kempthorne and the tribal trust lawsuits are located on Treasury's intranet at htrp://ho~ne.do.treas.gov/1irig.ations and are incorporated herein by reference. This memorandmn takes the place of earlier instructions issued in connection with the Cobeli and tribal trust lawsuits. Thank you for your continued attention to this important ~atter. Attachment: Instructions for using the dedicated Cobell and tribal mailboxes fot" retaining e-mails and voi.ce mails. Attachment I Attachment Instructions for using the dedicated Cobell and tribal mallboxes for retaining e-mails and voice-mails Cabell materials retention procedures To retain e-maiIs: l. Send a "cc" (not a "bcc") ofall e-mails (includmg attachments) that you imtiate, that relate in any way to Individual Indian Money or Individual Indian Money accounts, to the dedicated e-mailbox at the following mailbox address: cobell@do.treas.govor just Cobell. 2. Forward any e-maillhat you receive, or have previously received and not already forwarded, (including attachments and retaining forwardmg history) that relate in any way to Individual Indian Money or Individual Indian Money accoums, to the dedicated e-mailbo){ at the following mailbox address: cobell@do.lreas.govor just Cobell. unless you can tell from the message that the e-maJ! bas already been sent to the dedicated e-mailbox. Tribal trust materials retention procedures To retain e-nunls: 1. Send a "cc" (not a "bee") of all e-mails (including attachments) that you initiate, that relate In any way to (a) tribal funds or tribal fund accounts or (b) any check float afforded to any invested government account, to the dedicated e-mallbox at the following mailbox address: tribal@do.lreas.gov or Just tribal. Please ensure that the tribe's name, if any, is included in the subject heading. 2. Forward any e-mail that you receive, or have previously received and not already forwarded, (including attachments and retaining forwarding bistory) that relate in any way to (a) tribal funds or tribal fund accounts or (b) any check float afforded to any invested government acco.mt, to the dedlcated e-mailbox at the following mailbox address: tribal@do.lreas.govorJusttribal, unless you can tell from the message that the e-mail has already been sent to the dedicated e-mailbox. To retain voice-mails: Forward all applIcable voice messages that relate. in any way to (a) tribal funds or tribal fund accounts or (b) any check float afforded to any invested government account, to the dedicated voice-mailbox in accordance with the following instructions: • press I after (or Wblle listening to) a new or saved message; • Dress 2 to forward with comment; • ~oice a comment and identify the relevant tribe, ifany (e.g., "Message for tribal mallbox-Jiearilla Tribe"), then press #; • enter extension 91313, then press #; • press #, then press # again to send (forward). At the request ofthe Department of Justice, please review the beader of each voice message being forwarded and, when voicing a comment include the identity ofthe caller, the time and date ofthe message, the duration ofthe message, and the extension of the caller. Please note that the Cobell and tribal e-mailboxes have been copied on the e-mail message conveying thIS memorandum.