IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
________________________________________ 
ELOUISE PEPION COBELL et al., 
Plaintiffs, 
v. 
)
)
)
)
)
) 
GALE NORTON, Secretary of the Interior, et al., ) 
Defendants. 
)
) 
________________________________________ ) 
NOTICE OF FILING OF REPORT ON DAMAGED 
RECORDS BY THE DEPARTMENT OF THE INTERIOR 
The Department of the Interior hereby submits its report on damaged records pursuant to 
the Court's order of September 9, 2004. A copy of the report is attached hereto. 
Dated: September 21, 2004 
Case No. 1:96CV10285 
(Judge Lamberth) 
Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Associate Attorney General 
PETER D. KEISLER 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
Director 
SANDRA P. SPOONER 
Deputy Director 
D.C. Bar No. 261495 
/s/ John T. Stemplewicz 
JOHN T. STEMPLEWICZ 
Senior Trial Counsel 
Commercial Litigation Branch 
Civil Division
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 514-3368 (phone) 
(202) 514-9163 (fax) 
2
CERTIFICATE OF SERVICE 
I hereby certify that, on September 21, 2004 the foregoing Notice of Filing of Report on 
Damaged Records by the Department of the Interior 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
REPORT 
This report is prepared pursuant to the Order and Memorandum entered in Cobell 
v. Norton on September 9, 2004, which requires a complete report of the current status 
of the damaged records discussed herein within ten days. Order, p. 13. These records 
consist of sixty-two boxes of records which were located at 4320 Yale, N.E., 
Albuquerque, New Mexico (hereinafter Yale facility) on February 24, 2004, and 
certain boxes of records containing mold or mouse droppings. 
I. Background 
Collection of Boxes from BIA Field Locations A. 
Records currently in OTRs possession have been collected from the Bureau of 
Indian Affairs (BIA) field offices, where some boxes were being stored in adverse 
conditions. In 1999, the Special Master made several site inspections of BIA field 
offices to see the conditions under which records were stored. Thereafter, he filed a 
series of reports with the Court, which included his personal observations of the 
conditions under which boxes were stored. In his report entitled Recommendation and 
Report of the Special Master Regarding Document Preservation and Protection, dated 
June 7, 1999, p. 8-10, he discusses the potential of hantavirus exposure and dead mice in 
the storage facilities. In another report, dated October 29, 1999, he stated that at the Ft. 
Belknap Agency [t]he contents of these boxes were apparently not inspected on site due 
to the presence of a dead mouse which alerted local officials to the possibility of 
hantavirus infection. See Report of the Special Master Regarding Site Visits to Area 
and Agency Offices, p. 5. The Special Master also reported seeing boxes sitting in a 
1
puddle of water. See Third Report of the Special Master Regarding Site Visits to Area 
and Agency Offices dated November 12, 1999, p. 2. 
In the Quarterly Status Report to the Court Number Seven, it was reported by 
Interior at page 36, paragraph HH. Complete Project to Cleanup Existing Disposition 
Backlog at BIA Agencies that Iron Mountain has subcontracted with an international 
disaster recovery company to perform assessments and decontamination processes at 
BIA locations where records are found to be stored in unhealthy conditions. 
Environmental assessments have thus far been performed at a number of locations within 
the Navajo Region. In the Quarterly Status Report to the Court Number Nine, at page 
89, it was reported that [d]uring this period, OTRs contractor moved approximately 
1,000 cubic feet of inactive records from office space or inappropriate off-site storage to 
its facilities for cleanup and organizing, bring the cumulative total to over 33,000 boxes 
of records being moved. OTR was experiencing difficulty in removing trust program 
related records from inadequate off-site storage facilities at a number of BIA locations. 
OTR reported some of these locations are the very same sites identified in the Special 
Masters November 12, 1999, report as having documents in serious jeopardy. Thus, 
through the Special Master reports, the Court was made aware of the fact that boxes in 
the field had been contaminated with mouse droppings and exposed to other adverse 
elements. 
These are some of the same boxes of records which I mention in the letter to 
Susan Sandoval, Indian Educators Federation Field Representative, as containing mold. 
Some of the boxes in OTRs physical custody are records which were brought to 
Albuquerque, NM under a project known as fast pack in response to the concerns 
2
conveyed by the Special Master in his various reports. During the fast pack OTR staff 
and its contractors collected boxes as they found them. Some boxes had been exposed to 
pests, in particular mice, water and other adverse environmental conditions at the field 
locations. Boxes with mold were isolated from other boxes as soon as the mold was 
discovered. 
OTR Storage Facilities B. 
Prior to 2004, boxes of records were stored at Iron Mountain Records 
Management facilities in Albuquerque, New Mexico and Portland, Oregon, and in OTR 
facilities at 1551 Mercantile, N.E., Suite C, at the Hawkins Records Center, 3800 
Hawkins, N.E., Suite C, and at the 12th Street Warehouse in Albuquerque. In 2003, OTR 
began to consolidate all of its holdings in one location at 1551 Mercantile, N.E., Suite C 
and to terminate its contract with Iron Mountain and the lease for the Hawkins location. 
The termination of the Iron Mountain lease was reported to the Special Master in 
monthly reports beginning in October 2002. 
However, before collections could be entirely consolidated, events overtook 
OTRs plan. The Office of Historical Trust Accounting (OHTA) required space for its 
contractors to work directly with the records to conduct historical accountings and work 
with Special Deposit Accounts. It was decided that OHTA would locate its contractors 
in the available space at 1551 Mercantile, N.E., Suite C. Because the contract with Iron 
Mountain was to be terminated, OTR had to locate other space in close proximity to the 
OTR office at 1551 Mercantile, N.E., Suite A. OTR, through the Department of the 
Interior Leasing Office, procured other storage space in Albuquerque. Contracting 
Officer Judy Friel completed negotiations for 9,000 square feet of warehouse space, 
3
including truck docks, located at the Midtown Business Park, Suite C-D, 4320 Yale, N.E. 
The contracting officer executed U.S. Government Lease for Real Property Lease 
Number NBC-04-02-OTR on November 18, 2003 (Attachment 1). 
OTR specifically required that the facility be free from any roof leaks. Item 
number three of the lease 3. Other Requirements specified the space must be free of 
roof leaks. Lessor will provide a certification of inspection by a licensed roofer that the 
roof is in good repair and has no leaks. OTR relied upon the contracting officer to 
ensure that this lease requirement was fulfilled. After the roof leaked, OTR requested 
that the contracting officer terminate the contract for breach of the requirements. It was 
at this time that OTR learned that the certification of inspection was not in the lease file 
maintained by the Departments Leasing Office. Within a week after February 24, 2004, 
the Yale facility was no longer used for records storage. 
OTR also has leased 32,000 square feet of space at the AADF Warehouse, 5600 
Second Street, N.W. (AADF Warehouse). The lease is a month to month lease as OTR 
intends to move all records from facilities in Albuquerque to the American Indian 
Records Repository (AIRR) in Lenexa, Kansas by the end of this year. AIRR provides 
state-of-the-art archival quality storage conditions. The AADF space is in close 
proximity to OTRs offices, has a loading dock and the Lessor is able to provide carrier 
services to move large numbers of boxes. The facility is secured and has a guard posted 
twenty-four hours a day/seven days a week. The AADF Warehouse does also store 
agricultural commodities and other paper products. As a consequence, the facility must 
meet stringent standards for the storage of such commodities which requires it to be free 
of pests, mold and moisture and that the facility is regularly inspected to ensure that there 
4
are no pests. Inside the facility itself, OTR has its boxes segregated behind locked 
fencing and only OTR has access to the area. 
Sixty-Two Boxes of Records at the Yale Facility II. 
As previously stated, as OTR was terminating its storage contract with Iron 
Mountain, the Interior Departments leasing office procured space for OTR at the Yale 
facility. OTR began moving boxes into the facility in late December 2003. 
It was discovered on the morning of February 24, 2004 that the roof at the Yale 
facility was leaking. On February 23, 2004, Albuquerque received its greatest daily total 
of rainfall in February in more than 70 years. See Preservation Assessment Report to the 
Office of Trust Records of the Bureau of Indian Affairs [sic] and to the National Archives 
and Records Administration, July 7, 2004, p. 3, footnote (Assessment Report I) 
(Attachment 2). Although exposed to water, the records did not sustain mold damage 
and do not need remedial preservation treatment. See id., Executive Summary, p. 2. 
Upon arrival at the Yale facility on February 24, 2004, Thomas Kerstetter, an 
OTR records service center specialist, proceeded to inspect the facility and discovered 
numerous roof leaks. He observed standing water on the floor, water running down a 
wall and several document storage boxes on one pallet that were wet, which had sixtytwo 
boxes on it and a leak above it. Mr. Kerstetter took pictures of the facility and the 
boxes affected which are attached (Attachment 3). 
The pallet was relocated to the AADF Warehouse where the boxes were opened 
and allowed to air dry. The boxes were inspected by records service center staff and the 
Records Operations Division Manager. Once dry, the records were put into new boxes. 
It has been the practice of OTR that when it is necessary to rebox records, the front of the 
5
old box is cut off and placed in the new box in order to preserve all information recorded 
on the front of the box. Further, in this case, the original boxes have been retained and 
are available for inspection. 
OTR requested the National Archives and Records Administration (NARA) to 
procure the services of a qualified individual to inspect the affected boxes. NARA hired 
Ms. JoAnne Martinez-Kilgore of Carino Conservation, located in Albuquerque, New 
Mexico. Ms. Martinez-Kilgore has worked for numerous entities in document 
preservation. See Curriculum Vitae (Attachment 4). Ms. Martinez-Kilgore went to the 
AADF warehouse to inspect the boxes of records on June 7 and 8, 2004. All sixty-two 
boxes on the affected pallet were made available for inspection. She was also provided 
the original boxes. Her inspection disclosed that of the sixty-two boxes, records in four 
boxes showed some signs that they had been minimally exposed to water. She 
reported, however, that [n]one of the damage observed compromised the information 
held in the records. The records have not sustained mold damage. The boxes of records 
do not need remedial preservation treatment. See Assessment Report I, Executive 
Summary, p. 2. 
Ms. Martinez-Kilgore took photographs which are included in Assessment Report 
I. She states that four boxes (903, 915, 917, and 940) contained file folders which 
showed signs of exposure to water. In boxes 903, 915 and 940, the bottom fold area of 
the file folders are slightly stained and cockled. However, the paper records contained 
in the file folders showed little evidence of exposure to water and exhibited no damage 
that would impede access to the information of the records. See Assessment Report I, 
p.12. She also reported that box 917 had colored carbon copies and some of the color on 
6
some of the paper has run slightly at the edge that was in contact with the bottom of the 
box. Some of these papers are slightly adhered and cockled from the moisture. The 
paper separates easily, however, with no damage to the paper. The areas of slight 
damage do not impact the access to the information on those records. Id. Ms. 
Martinez-Kilgores review also disclosed there is no evidence of mold growth in any of 
the four boxes. However, she did indicate that the records could be at an increased risk 
of further deterioration because of the exposure. 
OTR intends to ship these records to AIRR. The AIRR was dedicated in May 
2004 and as noted before, is a state-of-the-art records storage facility. The facility has 
moisture, temperature and air/gas mixture controls. AIRR was built pursuant to an 
agreement between the National Archives and Records Administration (NARA) and the 
Department of the Interior for the purpose of storing boxes of inactive Indian records in 
the best possible conditions. 
Boxes With Mold, Water Damage and Mouse Droppings III. 
At the time I responded to the letter from Susan Sandoval, I was informed that 
350 boxes of records contained mold. This was based on the best available information 
from my staff. Subsequent discussions with staff have clarified that the 350 figure was a 
high estimate of boxes which may have been exposed to some type of harm, be it mouse 
dropping, exposure to water or mold. It was high because OTR staff had not yet been 
able to open every box they thought might be affected. We have now opened them and 
determined that the number is closer to 285. As discussed previously, these boxes came 
into OTRs custody in this condition with mold, and/or having been exposed to water and 
mouse droppings. It has been OTRs intention to deal with the 285 boxes and any others 
7
discovered during indexing at the completion of the Albuquerque stage of the indexing 
project. 
Mold Boxes A. 
Navajo Region 1. 
Since OTR staff has now been able to touch every box in this group, they have 
now determined that there are 155 boxes from the Navajo Region which have mold (and 
came into OTRs custody in that condition). Of the 155, it has been determined by OTR 
records specialists that approximately half of the boxes contain trust documents and half 
do not. The boxes are segregated in the 12th Street Warehouse so as not to expose other 
boxes of records to mold. OTR intends to have a records preservationist contractor assess 
these records and recommend and implement remedial measures for these boxes of 
records. The acquisition process on procuring a contractor began in August 2004. It is 
anticipated that OTR will have a contract in place in mid-October 2004. The request for 
proposals is expected to be advertised by the National Business Center Contracting 
Office by Monday, September 20, 2004. 
Other Boxes Exposed to Water at Field Locations 2. 
There are 27 boxes that were exposed to water (while the records were in field 
locations). These boxes came from the Blackfeet Agency in this condition. Ms. 
Martinez-Kilgore assessed these boxes on September 15, 2004. Her report disclosed that 
two of these boxes have a few documents where some information has become 
unreadable. She described these as a handful of documents in each of two boxes. See 
Preservation Assessment of Boxes Exhibiting Exposure to Moisture and Exposure to 
Rodent Infestation, dated September 17, 2004, Executive Summary, p. 2 (Assessment 
8
Report II) (Attachment 5). These boxes were assessed at the AADF Warehouse. They 
have since been relocated to the 12th Street Warehouse. Her assessment of these 27 
boxes is reflected in Appendix B of Assessment Report II. As noted, it is anticipated that 
OTR will have a contract in place in mid-October 2004, with a vendor which will assist 
OTR in the clean up of these boxes. 
Mouse Dropping Boxes B. 
Boxes in OTRs Possession 1. 
In December 2003, OTR contracted to have its collections of records indexed 
(indexing project). As reported most recently in the Quarterly Status Report to the 
Court Number Seventeen, the index is designed to serve as an electronic finding aid to 
research boxes of records. It provides box and file level information of all boxes; that is, 
within each box, the title on each folder is captured along with the date range, and region 
or agency that created the records. In the case of financial records, a document type also 
is captured. An indexer must remove files from the boxes in order to index them. Thus 
far, as the boxes have been opened and files removed for indexing, approximately 35 
boxes have been found to contain mouse droppings. Thus, the boxes are newly found 
boxes in that OTR staff cannot know whether any particular box contains mouse 
droppings until the indexing contractor staff begins working with the box. More such 
boxes may be discovered as indexing continues. 
On September 15, 2004, the 35 boxes found by the indexing contractor to have 
mouse droppings in them were assessed by Ms. Martinez-Kilgore. The results of the 
review of these boxes are included in Assessment Report II, Appendix A. She 
recommends that the boxes be repaired and cleaned so that they can be stored in a NARA 
9
facility. OTR intends to do so when the contract is awarded by the National Business 
Center, which is anticipated in mid-October 2004. OTRs practice has been to remove 
the boxes from the indexing project and to isolate them. A benefit of the indexing project 
is that with every box being opened, OTR has been able to find boxes which require 
remedial work. 
2. Southwest Regional Office Boxes 
Twenty-six boxes stored by the Bureau of Indian Affairs Southwest Regional 
Office (SWRO) in their storage facility were found to have mouse droppings in January 
2004, when they were being prepared to be transferred to OTR custody. Currently, these 
boxes remain in BIA custody. There are a total of 34 boxes in the collection. Actual 
opening of the boxes have disclosed that 26 boxes have mouse droppings. These boxes 
are currently stored in a BIA warehouse facility located in Albuquerque. OTR intends to 
work with the Southwest Region to assist the region with cleaning boxes of records. 
Again, it is anticipated the National Business Center will issue the request for proposals 
on September 20, 2004. 
Other Information Contained in the Report IV. 
Assessment Report I provided by Ms. Martinez-Kilgore also includes additional 
observations regarding the general condition of the boxes. In some instances, Ms. 
Martinez-Kilgore found boxes are overcrowded. Assessment Report I, p. 10. The 
Special Master emphasized that it was essential that the integrity of the boxes be 
maintained. He expressed his concern that there was a reason why the box was originally 
packed and shipped the way it was and that that integrity must be maintained. Thus, 
overcrowded box contents have not been thinned or separated by OTR staff to allow 
10
more space in a box. When I came on board, OTR had a contract with Iron Mountain to 
reorganize the contents of boxes by record series. Boxes were reorganized using the then 
existing records schedule, 16 Bureau of Indian Affairs Manual. The reorganization of the 
boxes by Iron Mountain was especially troublesome to the Special Master. The concern 
expressed by him was that in addition to there being a reason for the contents of the box 
being what it was, if the boxes are taken apart and reorganized, no one will ever know 
what was in the box when it left its office of origin or if documents were lost in the 
process of reorganizing. Thus, the Iron Mountain reorganization project was halted in 
October 2002, by the Assistant Deputy Secretary (and reported to the Special Master) and 
the boxes which did not undergo reorganization remain in the condition they were 
received and are undergoing indexing. 
The information provided in this report is based upon my personal knowledge and 
information provided to me by various members of the OTR staff. Based on this 
knowledge and information, I declare under penalty of perjury that the foregoing is true 
and correct. 
/s/ Ethel J. Abeita 
Ethel J. Abeita 
Director, Office of Trust Records 
11
P - 2 
U.S. GOVERNMENT LEASE FOR REAL PROPERTY 
ATTACHMENT 1 
I 1. LEASENUMBER 
MEAT 
Tenant for records stoage. 
The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERlCA(hereinaftercal1ed 
the GOVERNMENT): 
Space offered must be in a quality building of sound and substantial construction. either a new, modern building or one that has undergone restoration or 
rehabilitation for the intended use. 
The Lessor shall provide a valid Occupancy Permit for the intended use of the Government and shall maintain and operatethe building in conformancewith 
all applicable current (as of the date of this solicitation) codes and ordinances. Below-grade space to be occupied by the Government end all areas in a 
building referred to as "hazardous areas" in National Fire Protection Association Standard 101, or any successor standard thcnto, must be protected by an 
automatic sprinkler system or an equivalent level of safety. The Building and the \eased space shall be accessible to workers with disabilities in accordance 
with the Americans With Disabilities Act Accessibility Guidelines (36 CFR Part 11 91, App. A) and the Uniform Federal Accessibility Standards (41 CFR 101- 
The leased space shall be free of all asbestos containing materials, except undamaged asbestos flooring in lhe space or undamaged boikr or pipe 
insulation outside the space, in which case an asbestos rlianagernent program conforming to Environmental Protection Agency guidance shall be 
implemented. The space shall be f r e e of other hazardous materials according to applicable Federal, State, and local environmental regulations. 
Services, utilities, and maintenance will be provided daily, exlending from -7:OO p.m. except Saturday. Sunday, and 
Federal holidays. The Government shall have access to the leased space at all times, including the use of electrical services, toilets, lights, elevators, and 
Government office machines without additional payment. 
OTHER 
(SPQirY -1 EUXTRt6FW 
F a w S w ~ ~ 4 
PART I - SOLlClTATlON/DESCRlPTlON OF REQUIREMENTS (To be'completed by Government) 
A. REQUIREMENTS 
The Government of the United States of America is seeking to lease approximately 9,000 rentable square feet of warehouse 
space located in Albuquerque, New Mexico, for occupancy not later than November 15,2003 for a term of nine (9) months, with 
two) three-month options. Rentable space will be used by 
B. STANDARD CONDITIONS AND REQUIREMENTS 
19.6, App. A). Where standards conflict, the more slnngent shall apply. 
a.m. lo -6:OO 
'' 
LAWS. NBES L BALLASTS 
2. SERVICES AND WILITIES (To Be pmvldsd by Lessor as part ol renl) 
TRASH REMOVAL E L W W '' INITIALBREPLACEMENT 
" CHKLED ORWKtNG WATER WINDOV\qrVASMWG 
AIR CONDITIONING PAINTING FREOUENCY 
Space N.A 
Pubk Weas N.A. 
WATER (Hot B Cold) 
SNOW REMOVAL 
3. OTHER REOUIREMENTS 
.TOIL~-TSUPPUES 
JALnLIRQRIAAAEm4lsIJPp 
syslern in good working order for the term of this lease. 
Frtquency 
CARP.ET-GLANING 
Frsquencr 
renant will pay utilities directly to utility companies and understands that utilities are not included in the rent. 
.essoh offer and floor plan attached to and made a part of this lease. 
B V 
The space must be free of roof teaks. Lessor will provide a certification of inspection by a licensed roofer that the roof is in good repair and has no 
leaks. The lessor will also provide a certification of inspection that the HVAC system is in good working order, and lessor agrees to maintain the HVAC 
Lessor cwtifk thal it will change the locks prior la tenanl's occupancy. The Government reserves the right to install additional locks or security 
iyslems. 
renant will pay for janitorial services and supplies and understands that those services and supplies are not included in the rent. 
OTE All offers are subject to the terms and conditions outlined above, and elsewhere in this solicitation, including the Governmentrg General 
lauses and Representations and Certifications. 
ATTACHMENT 1 
ORT Report of Sept. 21,2004 PART II - OFFER (To be completed by OfferOdOwnerJ 
A. LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT 
5 I 6. LOCATION(S) IN BUILDING I b. ROOMNUMBER(S) Midtown Business Park, Suite C-D, 4320 Yale NE, I 
d. TYPE 
'' 
c. RCHTABLESO.FT. 
9.wo 
NAME AND ADDRESS OF BUILDING (Include ZIP Code) 
9 Rent wli be paid by olecmnic fund lransier 
Albuquerque, New Mexico 
7 AMOUNT # ANNUAL RENT 
$55 175 fS6.13sqwre Imt) 
9 RATE PER MONTH 
9.598.25 
Ubuquerque, NM I37110 
:LEPCIONE NUMBER OF OWNER 
505) 246-58110 AUTHORRED AGENT OWNER 
NHME h"D ADDRESS OF OWNER [lrdude ZIP code. I: requesled by the Government and the O W ~ ( K I S a partnetskp Orprnt WIufe. kt ClIl GenerafpilftnWS. uong a wpanh sheel. if naeSssarV.) 
lidtown Business Center Associates. L. P., c/o BCK Albuquerque Property Management Corporation. 4665 Indian School Road NE, Suite 200, 
.' - 2 NAME OF OWNER OR AUTHORIZED AGENT 
laid H Wmah 
13. TITLE OF PERSON SlGNING 
President 
11 TYPE OF INTEREST )N PROPERTY OF PERSON SIGNING 
15 DATE 1 SIGNATURE OF OWNER OR AUTHORIZED AGENT 
! 
OFFER REMAINS OPEN UNTIL 4.30 P M 
PART 111 - AWARD (To be completed by Governmentj 
3ur offer is hereby accepted. This award consummates the lease which consists of the following documents: (a) this GSA F m 3626, (b) Representa~oM 
Id Certifications, (c) the Government=s General Clauses, and (d) the following changes or additions made or agreed lo by you: 
{IS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY 
JTHORIZED CONTRACTING OFFICER. 
I NAME OF CONTRACTING OFFICER Uypc or Print) 1 SIGNATURE OF CONTRACTING OFFICER 
? ? O f 2 
OFFICVWAREHOUSE, ~IK&.KIW tn# docks 
I Itc. DATE performance under this lease. 
INITIALS: 
(Simplified Leases) 
(Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) 
1. The Government resewes the right, at any time after the lease is signed and during the term of the 
lease, to inspect the leased premises and all other areas of the building to which access is necessary 
to ensure a safe and healthy work environment for the Government tenants and the Lessor's 
2. If the building is pamalty or totally destroyed or damaged by fire or other casualty so that the leased 
space is untenantable as determined by the Government, the Government may terminate the lease 
upon 15 calendar days written notice to the Lessor and no further rental will be due. 
3. The Lessor shall maintain the demised premises, including the building, building systems, and all 
equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and 
tenantabb condition. Upon request of the Contracting Officer, the Lessor shall provide written 
documentation that building systems have been maintained, tested, and are operational. 
4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of 
this lease, the Government may perform the service, provide the item, or meet the requirement, 
either directly or through a contract. The Government may deduct any costs incurred for the service 
or item, including administrative costs, from the rental payments. 
5 . 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (VARIATION) (SEP 2001) 
This contract incorporates one or more clauses by reference, with the same force and effect as if they 
were given in full text. Upon request, the Contracting Officer will make the full text available or the full 
text may be found on the Internet as GSA Form 3517A (Full Text) at 
h ttp://www.gsa.govlPortal/offering .jsp?O I D=l 1 3404 
6. The following clauses are incorporated by reference: 
GSAR 552-203-5 
GSAR 552-203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY 
(SEP 1999) 
FAR 52.209-6 
FAR 52.21 9-9 
FAR 52.219-16 
GSAR 552.219-73 
&$; 
COVENANT AGAINST CONTINGENT FEES (FEB 1990) 
(Applicable to leases over SlO0,OOO.) 
(Applicable to leases over $1 00,000.) 
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, 
GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF 
SUBCONTRACTING PLANS (SEP 1999) 
OR PROPOSED FOR DEBARMENT (JUL 1995) 
SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2000) 
(Applicable to leases over $500,000.) 
LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (OCT 2000) 
(Applicable to leases over $500,000.) 
(Applicable to leases over $500,000 if solicitation requires submission of the 
subcontracting plan with initial offers.) 
GOALS FOR SUBCONTRACTING PLAN (SEP 1999) 
(Applicable to leases over $500,000 if solicitation does not require 
submission of the subcontracting plan with initial offers.) 
&Q&...# 
PROTECTING THE GOVERNMENT'S lNTEREST WHEN 
(Applicable to leases over $25,000.) 
GENERAL CLAUSES 
LESSOR GSA FORM 3517A PAGE 1 (REV 9/01) GOWNMEW P - 5 
EQUAL OPPORTUNITY (FEB 1999) 
(Applicable to leases over $10,000.) 
PROHIBITION OF SEGREGATED FAClLlTlES (FEB 1999) 
(Applicable to leases over $10,000.) 
AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF 
THE VIETNAM ERA (APR 1998) 
(Applicable to leases over $10,000.) 
NOV 1kJ UY ll:03a 
. 
FAR 52.222-26 
FAR 52.222-21 
FAR 52.222-35 
FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DiSABILITIES (JUN 1998) 
(Applicable to leases over $10,000.) 
EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS 
OF THE VIETNAM ERA (JAN 1999) 
(Applicable to leases over $10,000.) 
ASSIGNMENT OF CLAIMS (JAN 1986) 
(Applicable to leases over $2,500.) 
PROMPT PAYMENT (SEP 1999) 
ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) 
DISPUTES (DEC 1998) 
PRICE REDUCTION FOR DEFECTlVE COST OR PRICING DATA 
(OCT 1997) 
(Applicable when cost or pricing data are required for work or services 
FAR 52.222-37 
FAR 52.232-23 
GSAR 552.232-75 
GSAR 552.232-76 
FAR 52.233-1 
FAR 52.215-10 
FAR 52.215-12 
exceeding $500,000.) 
SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) 
(Applicable when the clause at FAR 52.215-1 0 is applicable.) 
The information collection requirements contained in this solicitation/contract. that are not required by 
regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork 
Reduction Act and assigned the OMB Control No. 3090-0163. 
INITIALS: 
GSA FORM 3517A PAGE 2 (REV 310;) LESSOR GOVERWENT REPRESENTATIONS AND CERTIFICATIONS (Short Form) 
(Simplified Ac uisition of Leasehold Interests in Real Properly for 
Leases Up to !lOO,OOO Annual Rent) 
(a) 
(b) 
(c) 
(el The offeror represents that it ] is [X is not a service-disabled veteran-owned small business concern as defined in 38 use. ioi(z), 38 use. ioitis). and48 CFR 52.219-1. 
2. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEE 1999) 
(Applicabie to leases which exceed $10,000.) 
The Offeror represents that -- 
Dated 
It [ I has, [XI has not participated in a previous contract or subcontract subject either to the Equal Opportunity dause of 
this solicitation; 
Representations indicating submission of required compliance reports, signed by ro sed subcontractors, will be 
obtained before subcontract awards. (Approved by OMB under Control Number lZ!dOi!?) 
3. 52.222-25 -AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 
(Applicable to leases which exceed $10,000 and which include the clause at FAR 52.222-26, Equal Opportunity.) 
The Offeror represents that - 
(a) It [x] has developed and has on file, [ } has not develo ed and does not have on file, at each establishment affirmative 
(b) 
4. 52.203-1 1 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO iNFLUENCE CERTAIN FEDERAL 
TRANSACTIONS (APR 1991) 
(Applicable lo leases which exceed $100,000.) 
(a) 
(b) 
TIALS: 
action programs required by the rules and regulations orthe Secretary of Labor (41 CFR 60-1 and 60-2), or 
It [ 1 has not previously had contracts subject to the written affirmative action programs requirement of the rules and 
regu atfons of the Secretary of Labor. (Approved by OM6 under Control Number 1215-0072.) 
The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to InflUenCe Certain 
Federal Transactions, are hereby incorporated by reference in paragraph (b) of this certification. 
The offeror, by si ning its offer, hereby certifies to the best of his or her knowledge and belief that on or after 
December 23,1981, -- 
(1) No Federal appropriated funds have been paid or will be paid lo any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of Congress, an officer Or employee of Congress, or 
cooperative agreement; 
and 
making orany Federat grant, the making of any Federal loan, the entering into of an cooperative agreement, 
the an emplo 
the extension, 
ee of a Member 
continuation, 
of Congress 
renewal. 
on 
amendment, 
his or her behalf 
or modification 
in connection 
of any 
with 
Federa 
the awarding r contract, 
of a 
grant, 
contract, 
loan, or 
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal 
transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or 
employee of any agency, a Member of Congress, an officer or employee of Congress, or an emplo ee of a 
Member of Con ress on his or her behalf in connection with this solicitation, the offeror shall corn&tete and 
submit, with its o#er, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contractin Officer; and 
(3) He-or she will include the language of this certification in all subcontract awards at any tier ant! require that all 
recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. 
LESSOR 
Solicitation Number 
It [ J has, [XI has not filed all required compliance reports; and 
a 
GOVERMMENT GSA FORM 351 BA PAGE 1 (REV 9/01) (c) Submission of this certificakion and disclosure is a prerequisite for making or entering into this contract imposed by 
section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or 
who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subjed to 8 avd penalty 
of not less than $10,000, and not more than $100,000, for each such failure. 
P- 7 
5. 52.204-3 - TAXPAYER IDENTIFICATION (OCT 1998) 
Definitions. 
"Common parent," as used in this provision, means that corporate entity that owns or controls an.affiliated group of 
corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. 
"Taxpayer ldentiricatian Number (TIN)," as used in this provision, means the number required by the Internal Revenue 
Service (IRS) to be used by the offeror in reporting income lax and other returns. The TIN may be either a Social 
Security Number or an Employer Identification Number. 
All offerors must submit the information required in paragraphs (d) through (f) of this provision to compl with debt 
collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, &'MIA. and 
6050M. and implementing regulations issued by the IRS. If the resulting contract is subject to the ayment reporliig 
requirements described in Federal Acquisition Re ulation (FAR) 4.904, the failure or refusal by the 0 f r e m to furnish the 
information may result in a 31 percenl reduction oapayments otherwise due under the contract. 
The TIN may be used by the Government lo collect and re ort on any delinquent amounts arising out of the Offeror's 
relalFnship with the Government (31 U.S.C. 7701(c)(3)). lfthe resulting contracl is subject to the payment reporting 
requirements described in FAR 4.904, the TIN provided hereunder may be matched with iRS records to venfy the 
accuracy of the offeror's TIN. 
Taxpayer Identification Number (TIN). 
* 
t 
t 
TIN: 85-0409580 
Type of organization. 
t 
Common Parent. 
* 
OFFEROR OR 
AUTHORIZED 
agent for Midtown Business 
Center Associates, L. P. 
TIN 
Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. 
Name and TIN of common parent: 
Name 
Name and Address (Including ZIP Code) 
Midtown Business Center Associates, L. P. 
C/O BGK Albuquerque Property Management 
Corporation 
4665 Indian School Road NE 
Albuquerque, NM 87110 
TIALS: 
Albuquerque REPRESENTATIVE: Property BGK 
Management Corporation as 
& ' 
LESSOR 
+ 
t 
Telephone Number 
(505) 2469800 
p;,.,; 
GSA FORM 3510A PAGE 2 (REV 9/01) GOVERNMENT Ethel Abeita To: 
F~K: 505/8 16- 1690 
Phone: 505/8 16-1600 
Re: 
Ethel, 
NBc-04-02-OTR Yale Boulevard. 
I executed the lease agreement for warehouse space with Midtown Business Center 
Associates, L.P., for Suite C & D, Midtown Business Park, 4320 Yale Boulevard. A copy of 
the lease follows. 
As I have asked of the AADF Warehouse space, I am requesting a copy of the PLlrchase Order 
for this leased space. I will use the Purchase order to set up a 'direct payment' process with 
NBC finance to ensure timely monthly payments of the lease. Please fax a copy of the 
Purchase Order at your earliest convenience. 
Lf you have any questions, please do not hesitate to call me at 202'437-8450. 
Thanks. 
C:\Documents and Settings\dobrien\My Docurnents\OST PmjectlOTRFax NBCOW2-0TR Yale Blvd-doc 
From: 
Date: 
Pages: 
C C 
Judy Friel 
November 18,2003 
7 
Joe Little 5051816-1613 (fax) 
RECEIVED 
page 1 ATTACHMENT 2 
Preservation Assessment Report to the 
Office of Trust Records of the 
Bureau of Indian Affairs 
and to the 
National Archives and Records Administration 
Submitted by 
Jo Anne Martinez-Kilgore 
Cariiio Conservation 
1608 Los Arboles Ave. N.W. 
Albuquerque, New Mexico 87107 
July 7,2004 
ATTACHMENT 2-A 
ORT Report of Sept. 21,2004 Table of Contents 
Scope of the Assessment 
Executive Summary 
The Event 
Site Visits of Contractor 
The Life Cycle of the OTR Records 
The Nature of the Records 
Housing Conditions of the Records 
Condition of the Records 
Notes on the Environment of the Storage Warehouse 
Recommendations 
Appendix A - 62 Boxes Examined by 
Cariiio Conservation on 6/7/04 and 6/8/04 
Prcscrvolion Asscssmcnl Submiltcd lo OTR and NARA 7/7/04 
Picpsrcd by Cnrifio Conscrvntion 
2 
2 
3 
4 
5 
7 
0 
12 
14 
15 
16 Scope of the Assessment 
The goals of the Preservation Assessment conducted by Jo Anne Martinez-Kilgore 
Cariiio Conservation were to ascertain the level of damage to records contained in a pallet 
of boxes that became wet in late February (2/24/04) and to recommend any necessary 
preservation treatment to insure the longevity of the information contained in those 
records. 
e 
Information for this report was gathered by site visits to examine boxes of records and by 
brief conversations with Office of Trust Records Staff: 
Ethel Abeita, Director, Office of Trust Records, 
Linda Skotta, Deputy Director, Office of Trust Records, 
Joseph Little, Chief of the Division of Records Management Operations, 
Andrew Abeyta, Chief of Records Management Policies, Procedures, and 
Training, and 
Wendell Galvan, Records Management Specialist. 
e 
e 
a 
This assessment does not address the organization and control practices utilized by OTR. 
Executive Summary 
Ms. Martinez-Itilgore examined 62 boxes (listed in Appendix A) of records on June 7th 
and June 8"'. Records in 4 of the boxes showed signs that they had been minimally 
exposed to water. None of the damage observed compromised the information held in 
the records. The records have not sustained mold damage. The boxes of records do not 
need remedial preservation treatment. 
It is recommended that a written, integrated protocol for records response be developed 
by OTR and be integrated into work processes. A written and integrated protocol for 
response could clarify staff duties and responsibilities and spell out the rationale for those 
responsibilities. Detailed documentation of events could create a more useful record. 
2 Prescrvnlion Asscssnicnl Submitted 10 OTR ond NARA 7/7/04 
Prepared by CoriAo Conscrvntion The Event 
The Office of Trust Records utilized a storage site at 4320 Yale NE in Albuquerque. On 
February 23rd and 24tIi,2004, during a period of high precipitation in the Albuquerque 
area", the roof of the Yale storage facility developed leaks allowing water to enter the 
storage area. According to various witnesses (Wendall Galvan, contract employees), the 
water poured directly onto a pallet of shrink-wrapped boxes of records. Wendall Galvan 
said that OTR staff check records in storage at least every 24 hours to be aware of such 
occurrences. 
According to Wendall Galvan the records were removed from the wet boxes within 24 
hours. Staff spread out the records to be air-dried. After they became dry the records 
were placed in new record boxes. (Boxes from the National Center for Employment of 
the Disabled. Bursting Test 275. Min. Comb. Wt. Facings 138. Size Limit 95 inches. 
Gross Wt. Lt. 95 Ibs.) Staff removed and included within the new box the side of the 
original box that contained the identification information (Unique OTR Accession 
Number, Unique OTR Tracking Number for a given year, and Unique NARA ID 
Number.) 
Staff prepared an incident report and took photos to document the damage. However, 
according to Joseph Little, the report does not contain the specific box numbers of the 
records held on the affected pallet. 
will be moved to a storage facility that does not contain records. The records from these boxes were 
transferred to new boxes. 
3 Prcscrvnlion Asrcsrrncnl Submitted 10 OTR and NARA 7/7/04 
Prcparcd by CariBo Conscrvntion Site Visits of Contractor 
Ms. Martinez-Kilgore of Cariflo Conservation visited the OTR offices and the AADF 
storage facility (5600 Znd St. N.W. in Albuquerque). Wendall Galvan, a Records 
Management Specialist with the Office of Trust Records, specified the records that were 
affected b the February water leak. Ms. Martinez-Kilgore examined 62 boxes of records 
on June 7 and June 8"'. In roughly 20% of the boxes she removed every file folder. 
(Some records are not stored in file folders.) In the remainder of boxes she removed 3-5 
folders of records spaced throughout the box. 
X 
Ms. Martinez-Kilgore noted the format of the records, the materials and media present, 
the housing practices of the records, and the condition of the records. She spoke with 
OTR staff about the circumstances that placed the records in storage in theYale storage 
warehouse (4320 Yale N.E., Suite C-D, Albuquerque, Midtown Business Park). Staff 
present for the initial meeting (6/7/04) included Ethel Abeita, Linda Skotta, Andrew 
Abeyta, and Wendell Galvan. After clarifying the goals of the assessment with NARA 
staff, Ms. Martinez-Kilgore returned to the AADF warehouse (6/8/04) and met briefly 
with Joe Little the Chief of the Division of Records Management Operations for OTR. 
[Ms. Martinez-Kilgore also spoke with Joseph Little 2-3 times while preparing the 
report.] 
Preservation Assessment Submiitcd to OTR nnd NARA 7/7/04 4 Prepared by Coriiio Conservation The Life Cycle of the OTR Records 
The Office of Trust Records (OTR) has the responsibility to evaluate, receive, organize, 
care for, and provide access to records relating to the American Indian and Alaska Native 
trust responsibilities of the Bureau of Indian Affairs (BIA). The Director, OTR, is the 
designated official responsible for the retention and preservation of all Indian records for 
the Department of the Interior and is the contact person for OST [Office of the Special 
Trustee for American Indians] and BIA.. .(Departmental Manual of the Department of 
Interior, htl~://elios.doi.~ov/eli~s/release/332O.htm) These records document, among 
other transactions, the payments made in exchange for the utilization of the resources 
owned by American Indians and Alaska Natives. 
The OTR reports to the Chief Information Officer (CIO) of the OST. The Office [of the 
Special Trustee for American Indians (OST)] was established under the authority of the 
American Indian Trust Fund Management Reform Act of 1994 (the Act), Pub. L. 103- 
412, (25 U.S.C. 4001 et. seq.), Secretarial Order No. 3197 and Secretarial Order 3208. 
(Departmental Manual of the Department of Interior, 
htto://elips.doi.~ov/eli~s/release/3320.htm) 
Since the advent of the Cobell lawsuit a11 BLA records relating to trust issues from around 
the country come to OTR custody in Albuquerque. While in Albuquerque, the records are 
stored in rented warehouse space or in the C suite (the present offices of the OTR at 
1551 Mercantile N.E. in Albuquerque). The rented spaces have included: 
* an Iron Mountain facility in Albuquerque, 
* the Hawlcins site (a GSA facility) 
* the Yale site (4320 Yale N.E. in Albuquerque), and 
* the AADF warehouse (5600 Znd At. N.W. in Albuquerque). 
The physical management and control of the records are the responsibility of the Division 
of Records Management Operations of the OTR. While the records are in 
Albuquerque the Division establishes intellectual control of the records by indexing every 
box at the file level in a database. The BIA records, now in Albuquerque, will he 
transferred to the new American Indian Records Repository that opened in Lenexa, 
Kansas which is part of National Archives and Administrations (NARA) underground 
regional records service facility in Lenexa. 
The records that OTR holds in Albuquerque receive relatively high use because of 
research for the Cobell lawsuit. There can be up to 70 researchers a month. The records 
are also used to resolve trust claims filed by American Indians and Alaska Natives. 
When required for research, the records are transferred from the storage facility to a 
research room in the OTR Ofkes. When a document is removed and reproduced for 
research purposes a bright yellow notice is placed within the file folder to indicate the 
activity. 
Prcsclvnlion Assessmcnl Submitted lo OTR and N A M 717104 5 Prcpzrcd by Cnriiiu Canservotion ivity such as remo tval or copying of 
a document. 
The Division of Records Management Policies, Procedures, and Training of the OTR 
 is responsible for managing a nationwide records program that is in conformity with the 
legal obligations of the trust relationship between the Federal government and the 
American Indians. (Departmental Manual of the Department of Interior, 
http://elips.doi.~ov/eli~s/release/3599.htm) 
The Indian Affairs Records Management (IARM) Program offers some resources to 
build understanding of the concepts of records management among federal employees. 
The program issues two pamphlets entitled An Employees Quick Guide to Records 
Management and  Indian Affairs Records Management. The IARM is the records 
management prograni for the BIA and the OST. The program was established by a 
directive signed by the Departments Assistant Secretary for Policy, Management and 
Budget in May 1999. (http://www.ost.doi.gov/IARM/nienu.html) 
6 The Nature of the Records 
The records that fill the boxes listed in Appendix A are paper records. The records date 
from the early 1960s. 
Included in the boxes are documents on bond paper, booldtext paper, manifold paper, 
newsprint (newspaper clippings), and onion skin paper. Sheets of carbon paper remain 
filed within the records. The papers can be white, tan, yellow, blue, pink, green, and 
salmon. The records were created by a great variety of processes including: 
* typewritten 
* typewritten carbon copies 
* printed carbon multiple forms on manifold or onion skin 
* printed on bond or booWtext 
Thermofax 
mimeograph 
* ditto 
* (possibly) Verifax 
(possibly) early electrostatic copies 
ietal fasl :ener. 
The records contain black, blue, and red ink from stamp pads. Handwriting on the 
documents is in black, blue, blue/black, red, and green ink from ballpoint pens, fountain 
pens, and fiber tipped pens. Other handwriting is in graphite or red pencil. The 
documents are secured by staples, large metal fasteners, paper clips, and, sometimes, 
pressure sensitive tape (in most cases rubber based) and rubber bands. 
7 rds sto1 *ed in box with no file ! folders. 
Most documents are 8.5 x 11. There are some fonns that are larger or smaller sizes. 
Most of the small documents are contained in kraA envelopes that have been secured to 
the file folders with metal fasteners. The larger documents have been folded to allow 
them to fit into the file folders and the record boxes. 
The file folders are manila and pressboard. (Pressboard folders are from Globe Wemicke 
No. 6173.) The pressboard folders have a cloth hinge at the bottomhide. All of the file 
folders appear to be original to the records contained in the files. Some are labeled with 
handwritten ink. Others have typewritten or handwritten gummed labels. The label tab 
8 Prcscivslion Assessmcnl Submiilcd lo OTR and N A M 717104 
Prepared by Cariiio Conscrvnlion on the pressboard folders is reinforced with a metal frame. Some of the labels or the 
label area of file folders have been "reinforced" with pressure sensitive tape. 
He folders in box. 
Prcscwntion Asscssmcnt Submitlcd lo OTR and NARA 7/7/04 
Prepared by Cnriiio Conservation ATTACHMENT 2-B 
ORT Report of Sept. 21,2004 
9 Housing Conditions of the Records 
Pallets are stacked 5 boxes high with 10 boxes at each level. Some of the pallets do have 
a sixth level. Most of the pallets are shrink-wrapped. Boxes are arranged on the pallets 
so that the identification of the boxes is visible from the side. One box in each level is 
not visible as it is in the center of the stack. Pallets rest on the floor or on high bay 
storage. Some boxes, not presently stacked in pallets, rest directly on the floor. 
Most of the records are contained in records boxes measuring 10 x 15 x 12. New 
(white) boxes are from the National Center for Employment of the Disabled. [Bursting 
Test 275. Min. Comb. Wt. Facings 138. Size Limit 95 inches. Gross Wt. Lt. 95 Ibs.] 
The new white boxes are held together by metal staples where the girth overlaps. All the 
records boxes have handholds on the sides to facilitate lifting. According to Wendall 
Galvan, large format records such as ledger books are stored and shipped in larger, 
shallower boxes. 
All the boxes examined by Carifio Conservation contained the old box side with the 
original identification information on it. Although this box fragment could introduce 
harmful debris into the new box, the need for precise tracking of these records seems to 
override any risks presented. 
been transferred. 
In most cases the record boxes are overcrowded making it difficult to remove the file 
folders from the boxes. Many of the file folders contain as much as 3.5 of documents 
10 Preservation Assessment Submitted to OTR and NARA 717104 
Prepared by CnriAo Conservation secured with metal fasteners at the top. Often documents are fastened to both sides of the 
folders. Often the opposing fasteners can be hooked together. In one box, a file folder 
of records was laying horizontally on top of the other files that were stored in the box 
vertically. Some documents that are larger than 8.5 x 11 are folded into the folders and 
boxes. There are some boxes with large numbers of similar documents that have not 
been placed within file folders. The documents are placed directly into the corrugated 
box. 
Presently, the OTR staff utilize stainless steel staples and paper clips to replace old and 
rusted ones. 
Notice posted on a pillar within the AADF storage wai -ehouse. 
11 Preservation Assessmen1 Submilled lo OTR and NARA 717104 
Prepared by Cnrifio Conservation Condition of the Records 
The paper of records and of file folders in four of the boxes (903,915,917, 940) shows 
signs of exposure to water. In all of the four boxes the bottom fold area of the file folders 
are slightly stained and cockled. In Boxes 903, 915, and 940 the paper records contained 
in the file folders show little evidence of exposure to water and exhibit no damage that 
would impede access to the information of the records. 
In box 917 some of the color on some of the paper records (colored carbon copies) has 
run slightly at the edge that was in contact with the bottom of the box. Some of these 
papers are slightly adhered and cockled from the moisture. The paper separates easily, 
however, with no damage to the paper. The areas of slight damage do not impact the 
access to the infomiation on those records. 
There is no evidence of mold growth in any of the four boxes listed above or in any of the 
boxes examined by Ms. Martinez-Kilgore for this report. The pen and stamp pad inks 
that would be fugitive if exposed to high levels of moisture show no signs of running. 
However, the records could be at an increased risk of further deterioration because of 
their exposure to water. 
There is a great deal of damage to the records from the conditions of their housing and 
use. As mentioned above the records are packed into file folders and into boxes. The file 
folders can be difficult to remove from the boxes. Many of the label tabs on the manila 
file folders are bent and worn. 
The file folders, often with 3.5 of paper inside are difficult to handle. In most cases, the 
top paper one of these thick groupings of papers is tom and crumpled from the metal 
fastener and from the wear and tear of opening the file folder. Some of the metal 
fasteners are a bit rusted in many cases and are a potential hazard to the records. As 
12 Preservation Asrcsrmcnt Submitted 10 OTR and NARA 717104 
Prepared by Cnriiio Conscrvnlion mentioned above, opposing fasteners within a file folder can be hooked together. 
Some fasteners are damaged and do not function to hold the records any longer. The 
broken components can protrude presenting a hazard to adjacent papers. 
All of the records exhibit typical deterioration expected from the paper, inks, production 
processes, and reproduction processes of their age. The edges of the paper are frayed. 
The areas around the holes made for the metal closures are tom and crumpled. Pen inks 
and stamp pad inlcs show slight color changes. Rubber based tapes are in the 2d or 31d 
stages of deterioration that is typical of those materials-loss of adhesion, cottage cheese 
adhesive residue, translucency, dark amber staining. 
There is a black residue on many of the file folders froni the edges of the carhon copies. 
mote: This black residue can resemble the aftermath of a mold infestation, but is not as 
integral to the paper fibers as mold would be.] Interspersed within the records are some 
very deteriorated types of paper. Often very discolored scraps of paper are stuck into the 
files of records and can contain pertinent notes or information. One section of records 
contains clippings from newspapers that relate to the documents held. (Land leasing 
advertisements from newspapers.) 
13 Preservalion Assessment Submiiicd lo OTR and NARA 7/7/04 
Prepnrcd by Cnriao Coiiscrvntion Notes on the Environment of the Storage Warehouse 
On the two days of the site visit, the average temperature and relative humidity of the 
warehouse was 78" Fahrenheit and 24% relative humidity. (The contractor took 
temperature and relative humidity readings on a Radio Shack Digital Thermometer and 
Humidity Gauge [Cat. No. 63-10131.) The light levels in the storage area averaged about 
8 footcandles. (The contractor took the light readings with a Sekonic Studio Deluxe II L- 
398M photographic light meter.) Fluorescent fixtures and natural daylight light the 
AADF storage warehouse. The storage area appeared to be relatively clean and clear of 
clutter. 
Preservation Assessment Submilied lo OTR and NARA 717104 14 Prepared by CnriRo Conscwntion Recommendations 
Short term: 
Create a written protocol for emergency response to water emergencies that spells out the 
necessary procedures to be followed given the types of records affected and g&en the 
scope of the emergency. Insure that all staff working with the records is aware of the 
protocols. Such an integrated protocol will insure that staff can worlc together with a 
common knowledge of the risks and the goals of any response effort. 
Create documentation practices of emergencies that incorporate detailed information such 
as the box numbers of affected items. This practice will help to track items that may be 
at higher risk of deterioration in the future. 
Seelc methods that could be incorporated into the routine worlc of the Division that could 
reduce the size of folders and the load of boxes. These steps could reduce the damage to 
records as they are handled and used for research. 
If the records remain in Albuquerque for an extended period of time before transfer to the 
Lenexa, ICansas facility, attempt to identify a warehouse with lower temperature levels, 
as cooler temperatures will improve the long term preservation of the records. 
Long term: 
Insure that sound preservation practices are integrated with any routine to organize, 
rehouse, or process the records. 
rn 
rn 
Create stable copies of unstable records such as Thermofax, Verifax, 
mimeograph, ditto, and early xerographic processes. 
If it is unrealistic to remove harmful metal fasteners, place a sheet of preservation 
quality paper (meet ANSI [American Nationals Standards Institute] Standard 
239.48-1982) on the top each gathering ofpapers. This sheet may provide 
rn 
protection. 
Remove any damaged or rusted metal fasteners. 
If possible, given the file level Intellectual control of the records, replace file 
folders with preservation quality folders (see the above ANSI Standard) and 
reduce the number of records held in a given folder. 
Establish and implement handling guidelines that will minimize wear and tear on the 
records over time. 
15 Prcservalion Asscssmcnl Submiltcd lo OTR and NARA 7/7/04 
Prepared by Caritlo Conservntion Count Box Nuniber Examined 6/7/04 Examined 6/8/04 Water damage 
visihle 
36 / S 
I S 37 
40 
Pruscrvalion Asscsrmcnt Submitted to OTR and NARA 7/7/04 
Prepared by Carlib Conservation 16 . . . 
Note on Numbering: 
The number given in the above table (e.g. 960 of 1132) is a tracking number assigned by 
OTR. This is different from the Accession Number (KAN-98-9143) and the Assigned 
forby NARA (98-10957). 
Boxes with identification numbers written on the sides. 
Prcservation Assessment Submitted to OTR and NARA 717104 17 
Prepared by Cnriilo Conscrvntion 05-05-1992 01:BlQM FROM 
i i j 
TO 8161613 P.02 
ATTACHMENT 4 05-05-1992 01:02QM FROM 
! i . , 
TO 8161613 P.83 
! 
I ! 02-07-1992 07:03PM FROM 
1008 Los Aholes Ave NW 
Albuquerque, NM 87107 
(505) 343-9172 phone and falr (cal 
Fax! 816-1613 
f& 816-1690 
8161690 P.01 
;t for fax) 
I 
I 
TO 
I 
ATTACHMENT is 
Fkm: Jo Anne Martinez-dlgore 
Date: 91'17104 
, 
Pages: 8 (including cover sikeet) 
i 
I 
1 1 
, 
cc: 
Please Comment please ~ e p 1 4 
h any eoments.. .will be h e till 3:30 I 
I 
I , 
I 
! 
I 
I 
I I , 
I 
I 
ATTACHh ZNT 2 i 
ORT Report of S $. 21,2004 
i FROM 02-07-1992 07:04PM 
TO 
I 
2 I 
i 
Presprvation Assessment 
of Boxes Exhibiting 
: Ex' osure to Moisture 
and 
/posube to Rodent Infestation 
I 
1 Reporttothe 
ffice bf Trust Records of the 
Bureau of Indian Affairs 
i 
I 
I 
i 
1 
I 
, 
I 
1 I 
1 
1 
I Submitted by 
Jo Anne Martinez-Kilgore 
f k i f i o Conservation 
1608 Los Arboles Ave. N.W. 
Ubuqberque, New Mexico 87107 
1 
/September 117,2004 ! 
! 
I 1 02-07-1992 07:04PM FROM 
I 
,Table of Contents 
I 
Y , 
I 
ictor 
I 
xordd 
I 
Appendix A 1- 35 . bxes qxamined by 
aariiio Co ervation on 9/15/04 - 12 St. 
Append.+ B L 27 bxes dxamined by 
I 
hervation on 9/15/04 - AADF 
K 9/17/04 
TO 8161698 P.03 
I 
I 
, 
I 
I 
I FROM 02-07-1992 07:05PM 
I 
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Cariiiio Coqervahon 
the Prcspva#n Ass&srnent conducted by 50 Anne Martinez-Kilgore of 
ascewin the level of damage to records dontained an two 
in those reoords. 
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Office of T$ust Hecords Stdf: i , 
Eth& Abeita, Diredtor, Office of Trust Records, 
Linha 
Inforrnatiod for this kport'was gathered by a site visit and by brief ,conversations hith 
Director, Office of Trust Records, 
the Division of Records Management Operations, 
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I Service Center Specialist. 
TO 8161690 P.04 
any necessary preservation treatm{nt to insure 'the 
and the longevity of the i fomation coniained 
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sic condition of the records trying to identify cdses 
s lost because of the damage. 
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Site Visit Contrartor j 
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MS. h4artinkz-K gore of qaifio (-&lsemation visited the OTR Offices,, the storage 
warehouse:ht 1 2'A St. N. Wi hnd Interstate 40, and the AADP storage facility (560d 2"d St.' 
N.W. in Albuquerque). 14 roughly 40% of the boxes she removed file folders and; boxes 
to spot darfiage nor obviods from simply opening the box. Because of the health {isks 
associated >xdith these xecojds, the contents of the boxes were diswbed as little as 
in each box is indicated in Appendices A and B. No kctive 
mold was observed. l t is iinpossible to distinguish staining from rodent urine fro4 water 
damage, although it can bd assumed that some o f the slight moisthe &age could be ! 
from rodent urine. 4 
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Although &ere is cocklin , staining, and physical damage (e.g. crease6 and tears),, 
relatively little informatio has been lost due to the condition of the mgiterids. It seems 
obvious rhhr many ok rbestt materials were stored in very poor environments for Iqhg 
periods of time. Thei condition indicated sustained exposure to rodent 'infestation y d 
damp conditions. Only aq boxes (Appendix B) exhibit severe damage indicative of 
some soft of physicd such/ as a downpour of water or such as beirig dropped or chhed. 
Below are descriptions of {he representative conditions observed. 
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MD M6iisture Damage f slight staining, slight cockling 
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MDS Mok&ure D 4 a g e i severe, cockling, feathered ink, severeistELining 
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J3D Rodent dfopdings 9bserved by OTR Staff 
GP Gnawing ion Paper kdges observed by contractor 
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IMP Ina&ve mold pres 
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MIL Miqpr Intom-iation /lost due: to damage 
and dry powder 
PDW Seyere ptiysidal G p g e fr4m water. 
PDN Sewre ph'ysical dafxtge nda water related. 
02-07-1992 07:05PM 
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:r $or any future 
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for clekning tde records so that they will be 2 
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tocols Mill alldw the records to be stored in a A M facility. 
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dma& to recbrds to restore as much inform, , 
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I 02-07-1992 07:06PM 
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Prcservatioh AsGsrncnt Qubmincd 10 6TR 9/17/04 
Prepared by carinn Conservarior 
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Appendix B 
27 Eoxes Examhied by C riiio donsewation on 9/15/04 - ADF harehouse 
Reservation Assd;srncnr Submimed to &R 9/17/04 
Prepared by Carib Conservation ' 
TO 8161 .690 P.08 
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