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 Courts 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 
202390001 

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 Courts 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 Courts 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 DOs intranet site (see Attachment I). 

INDEX TO ATTACHMENTS 
The Department of the Treasurys 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 Treasurys financial agents and August 29, 2008, letter issued by FMS to all banks that formerly acted as Treasurys financial agents, reminding them to continue to retain, indefinitely, fiscal agency records associated with Interiors 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 BPDs intranet site, reminding employees to continue preserving IIM-related records indefinitely and sending all IIM-related e-mail to BPDs dedicated mailbox. 
Attachment I. 	Retention instructions to DO employees, posted on DOs intranet site, including steps for sending e-mail documents to DOs 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 261061328 

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<l~tion > CobellfTrjbol Ljti""tjon-9~ --Commijoner 1jllm," fAY<lul!!: 
16 2006 memo) 
Commissioner Tillman (August 18, 2008 memo) 
Aug"'t 18.2008  
To:  All FMS Employee'  
Judy TiUm"" Commi"iooe,  
Subje:  CuMl ..... Trib.>1 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 direive .. 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<fillitelj' 
Tre....ry h.. berome .ubjt '0 a new docu"",nt reten'ion onJel in S<",j",,11 NlZw. of Ol.lahoma v. u.~ro s"'~,. No. 0li-93-.'iL (CF.C ~ .... ropy of Ibis ONer i. iIl...rn.d" The new relentio. ON<r doe. not im"",e .ny new retention require men" on FMS. bec..,.. oor retention inst""'tions lor !be Cub<1I c....00 0Ibe1 'riboJ e.... b.w be...uffscien'ly 
b",od to rover oil In;ii,,,, t",SI m"eri.ls-In oo.,rwonl,. ,be same reten,i<>. i..,I\I<1i<> p"".id<-d below lor ,be CoINll c om <JIbel tribal c..., are Ollequ... '0 moe' tit< requwme... of Ibi. new tri.,,1 re tion order 
To e.,ure tb.>' we remain in romplionre wilb aU >W1 onl"" ..... direiv... 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<! wri,te. 
''''''''''1',1 frnm ,W (,hi<f ('"""",I. Thi, rule appli.. to oJl docwn<.... dill. om '...gible Ibiog', wbe!ber li'i~a'ion-..l.>'e<!or 001. Pre"".. adispo'ition req...... followi.g ,be in"l\I<1io.. """'ained in ,W Chief cOUIISer, Marcb 7. 2000 "",mo~m ,,,itlN! ""P""",,, for Ob<aillin~ Dispo>itio. 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 nul<noJ~ ..., de.crib<d in ttle IIIt>eh<d "'Quick R,ferense Gui""." 
('".'j."" =ing or f~!WilIlli"g ilIl Cor.:U-..bt<d II>d 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 elrronic 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<d mr".~e; 
http}lintranetJms.treas"l<ov/counooLnsflprint/24F92B 05238C95C385256C220Cl3E71 04 8/19/2008 FMS Insider> 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<!~tiQ!] > --Commiioner 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"""",,<It toi""Jude(I)lb. tribe'....,.,. wbe.applk,bl<".Il-."M_ 
for Tnb>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> n<O :mhive {""""eJ d". from anY EMS electroni, prosh""ioo 'v,te"" ,h" <""'!!i" 
Ij'i..,jon-c<b!<d d>t.. 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><lum e.,ide<! 'M:U.I<."",,, of D>ta on 
FMS Sy'I<""''' (post<d o. ,he FMS in, , on ,be ''CobelllTnb>1 Lili&alio." 
""l;") for 1110.. i.fllfDl"';oo obout Ibi quire"",n' 

finaocj.>1 jmljluljo., r<!'iO!l1l<1 Pie... ",ter all >Urn '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<rn<J<'.OO., 
doobl. dkk 0. ,be iro. '0 IlIlIoch In"me' Explo."'. This briog. you '0 u., fl\.tS i.'.....'. 
Under "HOI T"l'ic.". dick on ''CobelllTnI>.>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.. Pag:e 4 cf 4 

Attachment G 
In tbe lIniteb &tatu !l:ourl 01 :t"tbrrtli !l:lilimll' 
No,OO-911l (Filo<l, ".",,11, 200111 
.........................-. 

SEMi!<OLE NAlION OFOKU.llOMA. 
l"WoIiff. 

THE lP.<rrED STATES.  
..................................... 

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llull .........,...bl< S1<pO '" f""'<"'" _ do<um=" to, '" ""pbl. "';"1' obot i, ....,. 

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._m<dio, lU<lI ....,... di.u. "'" """", prim""''': &O<Omen' ..... foft: do_ 

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""'" '" OdeDtify, 10001<. '" link """"""""...... on<I '""-iibl."'"'I'.",,".. rol. ;""n<",i<s 

"'" indi>, 
http}lintranetJms.treas.l<ov/counooLnsf/print/9975509F2658B7AF852574AA004A40F7 8119/2008 
Attachment H 

Nancy Fleetwood/BPD To All -BPD (Business use only!) cc 11M Mailbox@BPD
08/18/2008 02 :49 PM 
Subject Retention notice 

I would like to remind all employees that BPD remains subject to a court order that governs the retention of records relating to the Individual Indian Money (lIM) trust fund and lIM trust assets. To ensure compliance with this court order, you should not destroy any documents or data pertaining to the following subjects without written approval from the Chief Counselor his designee: 
 
lIM deposit fund investment records; 

 
lIM accounts and accounts held in trust by the Department of the Interior; 

 
Savings bonds held in trust form of registration by the Department of the Interior; 

 
Correspondence (internal and external) relating to Individual Indian Money; and 

 
Electronic communications, such as e-mails and Internet messages, relating to the subject above, unless those communications have been forwarded to the Cabell mailbox. 

You should continue to copy or forward all e-mails relating to the lIM trust fund, lIM trust assets, and the Cabell litigation to the dedicated lIM Mailbox. To insert the mailbox address on an e-mail, simply type "lIM Mailbox" and press the "Enter" key. 
The Federal Reserve Banks have also been instructed not to destroy any fiscal agency records unless they have received specific permission in writing from Treasury authorizing the destruction. Please refer any inquiries from FRB personnel regarding record retention to Jimmy Phillips at (202) 504-3683, fax number (202) 504-3630. Don't attempt to give guidance on record retention matters to any FRB employee. 
I appreciate your continued compliance with these instructions and encourage you to occasionally review the pertinent memoranda and e-mails, which are posted on PD Web under the Office of the Chief Counsel's (OCC) website. Just click on the office link "OCC" and then click on " Cabell v. Kemptharne ," which appears in the "Litigation" section. 
Thanks again for the great support you have shown in helping Public Debt comply with a very challenging court order. 
Nancy 

DONET ILitigation Obligations and Directives 
 Back 
Litigation Obligations and Directives 
Click on an item to expand: 
Office of the General Counsel 
 Back to DO-Portal Note: Some of the PDF documents below have been scanned and are therefore NOT Compliant
 What's New with section 508 of the Disability Act. If you need assistance accessing these documents send  About Treasury 
an E-maJi to Thomas McGivern at tom.mcgivern@da.treas.gov or call 622-2317 .. Building Services 
 Computer/Technology Litigation-Related Document Retention and Search Obligations .. Contacts/Directories 
.. Dining Services 	Below are memoranda explaining the scope of the Departmental Offices' legal obligations in pending cases to retain certain documents and records that may be needed as evidence in
 Emergency Info 
those cases. The cases are Cobell, et aI, v, Babbitt, et aI" United States ofAmerica v. Philip 
.. Employee Services 
Morris, Inc., et aI" and Wang Laboratories, Inc v. United States ofAmerica. 
 Ethics/Legal 
.. Executive Secretariat 	The memoranda below are posted for your convenience, and are not a complete statement of DO's record retention obligations. The obligations to retain documents for the cases discussed 
.. Financial/Procurement in the memoranda are in addition to document retention obligations created by matters that 
 
FOIA/Privacy Act 

are not now in litigation but may in the future result in litigation --for example, FOIA requests .. Forms/Directives --and by applicable records retention schedules. 

 	
Health/Safety These memoranda are protected by the attorney-client privilege and are attorney work

 
HR Connect 

product. These memoranda are intended only for Treasury employees and should not be .. Human Resources shared with anyone else. 
 
Jobs/Training 

 
Library/Information .. News 

.. Phone Services 
Document Retention 
 
Pubiic Debt Applications 

.. 	Printing & Graphics August 6, 2007. Memorandum from the General Counsel Regarding Obligation to Retain Materials for Indian Litigation. IE

 
Records/Info, MgmL 

 
Reports/Publications 

March 19,2004, Order from the United States Court of Federal Claims in Pueblo of Laguna v .. Security 
United States, as amended. rEI .. Special Events 
.. Travel/Transportation 	March 19,2004. Order from the United States Court of Federal Claims in Jicarilla Apache Nation 
v. United States, as amended. lEI .. Treasury Web Sites 
August 20, 2001. Memorandum from the Executive Secretary Regarding Retention of Documents and Data relating to the Cobell and Tobacco Litigations f.EI 
December 8, 1999. Memorandum from the Deputy General Counsel; Notice to Retain all Relevant Documents (United States v. Philip Morris/ Inc./ et al.) Ii9 
August 30, 1999. Memorandum from the Executive Secretary Regarding Document Retention with Attachments, including August 12, 1999 Order Regarding Treasury Department IIM Records Retention (Cobell et al. v. Babbitt et al. --Individual Indian Monies Litigation)1EI 
 
t 

 
http://home,do,treas,gov/litigations/litigations,asp 
8/28/2008 
DONET ILitigation Obligations and Directives Attachment I 
H.Q. ...,....-_... 

II.."_.'P.':.
._...........:

-~~~--,cc-,e .....j 	_ .,,; 
...<1.<>.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 emails (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.