Free Response to Motion - District Court of Federal Claims - federal

Case 1:06-cv-00945-FMA

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. Exhibit 9

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

NAVAJO NATION, f.k.a. NAVAJO TRIBE OF INDIANS,
Plaintiff,
v.

)
)

Case No.1 :06-cv-00945-L

)
) )

)

UNITED STATES OF AMERICA,

)

)

Defendant. )
)

DECLARATION OF OMAR BRADLEY
I, Omar Bradley, as Regional Director of the Navajo Regional Office, do hereby
declare and state,

pursuant to 28 U.S.C. § 1746:

1. I have been an employee of the Bureau of Indian Affairs ("BIA") since October

1978. I am currently assigned to the Navajo Region with Navajo Nation and individual

trust responsibilties. I was the Deputy Regional Director for Trust Services from
December 1999 and have been acting Regional Director at various times since 1999.
I was appointed to the position of Regional Director on February 4,2007.

2. This declaration is based, in part, on information I have gathered from a BIA

Program Analyst whom I supervise.

3. As Regional Director, I am ultimately responsible for overseeing the
maintenance of Navajo documents. These documents and records are maintained at

the main regional offíce in Gallup, New Mexico; regional program offices in Fort

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Defiance, Arizona and Window Rock, Arizona; and at Agency offces in Crownpoint,

New Mexico; Chinle, Arizona; Shiprock, New Mexico; Tuba City, Arizona, and Fort

Defiance, Arizona. Document types include correspondence, memoranda, leases,

permits, and other records required to carryon the business of the BIA on the
reservation.
4. I am aware of the litigation filed by the Navajo Natìon against the United States

of America on December 29, 2007. Nåvaio Nation f.k.a. Navai~ Tribe of Indians v.
United States of America, No. 06-945L (C.F.C.), and I have reviewed the Plaintiff's
motion for the entry of a record retention order in this case and proposed order.
5. In its document retention policy, the Department

of Interior requires that all

Indian fiduciary trust records be preserved indefinitely, and forbids their destruction in

any case. On April 24, 2007, to emphasize the importance of that policy, the Deputy
Regional Director of Indian Services. in the role of acting Regional Director, published

and sent a written directive to all Navajo Region Employees reiterating the existing

policy, advising them of the pending litigation, and directing them to preserve all
potentially relevant materiaL, including documents and electronically stored information.
A true and correct copy of the directive is attached to this declaration.

6. The Navajo Regional Office has already taken steps to preserve all potentially

relevant documents and electronically stored information and wil continue to do so
whether or not a court order is entered directing BIA to do so in the above-captioned
lawsuit.

2

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7. I have particular concerns about the provisions of the proposed order that go
beyond preservation, because, among other consequences, to require the retention and

production of documents on-site would severely disrupt the Navajo Region's ability to

conduct its normal activities of providing services to the Tribe and its members.
Implementation of plaintiffs proposed "record retention order," or an order with similar
provisions, would virtually disable the various offices within this Region because it most
likely would require that the scarce resources currently available for Tribal programs be

diverted instead, to compliance with the provisions of the order. The burdens and
disruptions to Agency operations and services caused by the proposed order would be
particularly severe with respect to active trust records.
Inactive Records in the Navajo ReQion

a BIA policy requires that inactive Navajo records be transferred to the
American Indian Records Repository ("AIRR"), in Lenexa, Kansas, for safe-keeping,
indexing, and research.
9. I understand that the process of transferring records to the AIRR is

described in a Declaration of Ethel Abeita to be submitted to the Court at the same time
as this Declaration.

10. The vast majority of inactive Navajo records from the Regional Offce and
agencies listed above in this declaration have already been transferred to the AIRR.

11. Currently, there are approximately 1,000 boxes of inactive trust records within the Navajo Region. at the regional offce and the five agencies. (This number is

3

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not inclusive of inactive non-trust records).The bulk of the inactive records are at the

regional program offce in Window Rock, Arizona, which handles all of the realty

functions for the Tribe. The realty functions include maintenance and oversight of the
Tribe's and individuals' Rights of Way, leases, permits, unresolved rights, mortgages)

trespasses, and minerals. The realty program offce is located in a historic building with
15 employees. There are no conference rooms or any room that would accommodate
persons inspecting documents.

12. The remainder of the inactive records are located at the Fort Defiance,
Crownpoint, Chinle, Tuba City and Shiprock Agencies and at the Gallup Regional office.

The agencies have very limited space and staff available to them. In addition, the
Gallup office building houses SIA, OST and Indian education programs, which leaves

virtually no space available for examination of documents or research, much less
bringing in additional copying equipment, scannersi and the like.

13- We do not have the space to store and maintain inactive records indefinitelyi

or for long periods of time, at the regional and agency offces.
14. In addition, as explained below in this Declaration, our space and staffing

limitations are not conducive to an orderly and systematic records inspection and
production of the inactÎve records at the regional and agency offíces.

15. To ensure that inactive trust records are moved to the AIRR as soon as

possible, in March 2007 my offce communicated, through the BIA Program Analyst
referred to in Paragraph 2, above, with the Office of Trust Records ("OTR") regarding

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moving the boxes of inactive Navajo trust records described above from the Navajo

to the AIRR for
Reservation and the various agencies and offices described above,

safe-keeping, indexing, and archiving in accordance with BIA policy.

16. Since March 2007, my office has continued to be in contact with OTR
regarding moving the boxes of inactive trust records referred to above in this

Declaration, and we expect, and want, to transfer those boxes to the AIRRas soon as

OTR's schedule for dOÎng so can be established.
17. Pending OTR's informing us of a firm date for the movement of those
inactive trust records, we have been preparing, and continue to prepare, the inactive
trust records for transfer to the AIRR.

18. Delaying the shipment of inactive records to the AIRR indefinitely, as
contemplated by plaintiff's proposed order, wil increase the chances that the safety and
security of the records might be compromised, because the regional and agency offices
are designed and staffed to provide services to the Tribe and its members on an

ongoing basis, and not primarily as record repositories or research facilties. 19. In addition, access to a regional or agency office cannot be controlled to the
degree it is controlled at the AIRR nor can the integrity of individual boxes be preserved

to the extent it can once the boxes are in OTR's control and at the AIRR. This in
addition to severe space and staffing limitations, is another reason theOregional and

° '

agency offices are much less appropriate venues than the AIRR for storage, inspection,

review, and copying of inactive records.

5

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20. In addition, shipping inactive records to the AIRR for indexation and storage

(rather than attempting to keep them, or index them, on site) prevents major disruption of my staff's normal activities ( providing services to the Tribe) and to their work

environment.
21. The staff of the Navajo Regional Office is limited, and I estimate that to
comply with the provisions plaintiff has requested regarding review and production of

inactive records on-site where they currently reside would require pullng up to ten (10)
full-time employees from their regular assignments to perform tasks relating to the
production and inspection of

inactive Navajo records instead, depending on the time

frame within which documents had to be produced for inspection by plaintiff.

22. Although, given the many factors and varied, unknown, component costs
involved, I cannot presently provide a dollar estimate of the cost, I believe the cost of
implementing at the regional office and program and agency offices the measures
necessary to safeguard the documents during a full-scale document production would be
astronomical, well beyond the budgets for those offices. As I note elsewhere, neither

the regional office nor the agencies or program offces are designed or equipped to serve
as sites for large-scale review, inspection. or copying of trust records.

23. I estimate that to identify potentially responsive documents, segregate them

appropriately, and monitor the inspection and production of inactive records should the

Court enter the proposed order, would require the work of many full-time employees for
an

indefinite and undetermined period of time. The staff hours required would pressure
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Case 1:06-cv-00945-FMA

Document 19-4

already strained agency and regional offices to put aside normal day-to-day
programmatic and administrative tasks to instead to the work required to comply with the
terms of the order that plaintiff has proposed.

24. As a result of the diversion of experienced staff and other resources to the
tasks described above, the time to "turn around" or complete other tasks that are part of

the agencies' day-to-day work, such as working with the Tribe and its members to

ensure that leases and permits are active and appropriately renewed, wil greatly

increase.
25. New full-time staff members or new contractors would potentially have to
be hired for each office where inactive records currently residei to assist in such a large

document inspection and production effort. Between five and seven current staff or new
staff or contractors might be needed depending in part on the volume of inactive trust
records plaintiff designates for inspection, and the time-frames involved.

26. We have a very limited budgeti and even if we could hire personnel to
assist in the tasks contemplated or required by the proposed order, budget constraints

would force us to borrow funds from other BIA programs to pay for the costs incurred in

doing the work required by the order. Also, there is a danger that the work needed to
comply with the proposed order would displace trust reform initiatives! which currently

are priorities for our offce.
27. Even if new staff or contractors could be hired to perform the tasks required
by the proposed order, experienced employees with the best knowledge of the contents
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of the active and inactive records within their areas of responsibilty would have to devote
time and attention to assisting and supervising the new staffers, all to the detriment of
their day-to-day operational mission.

28. We have considered how the entry of the order as proposed could affect us.
The potential need for purchase of additional copiers, scanners, paper. ink, file folders
for records, boxes) equipment maintenance and additional space for storage and

inspections could run over $100,000.
Active Records in the Navaio Region
29. Currently, there are approximately 2,600 boxes of active trust records within
the Navajo Region, at the regional office and the five agencies. Review of the active records at the agency as discussed in the Plaintiff's proposed Records Retention Order would cause an even greater disruption to our agency and regional offices through the

Navajo Region. As with any inspection or review of the inactive records, any review of

active records would require staffing, space, and adequate resources. All of the offces
in this region have limited resources as indicated above.

30. Furthermore, allowing review of active records during regular business hours
while employees are attempting to conduct normal business with the Tribe and individual
Indians would severely disrupt daily business affairs and severely encumber the regional
and agency offices.

31. Active records must be constantly accessed and used by employees for
ongoing work assignments. To have to make bodies of active records available for
8

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¡nspection arrd copying would interfere with. slow down, and inQrease turnaround tfme for
the ongoing business of

the agency.

32, The prospect of documænt production and inspection at the Window Rock
regional realty agency identifed abovG seI'l!!Z as an example of some of

the severe

burdens and problems presented by the prospect of retention, production, and on-site
review of active and Inactive lrust records at the regional offCéS or agencies desoribed

abo'le33. As of the date of this declaration, approximatelY 1,500 boxes of active and
inactive Navajo trust ré~ords are located at the Window Rack: regional realty agency.

That agenuy is located In an histotio building. It is at capacit now. in terms of

accommodating people and documents. It does not have the structure of a warehouse
facUlty. e.g" reinforced flooring, to support large amounts of people and documents,

much less additional ci:pylngor :scanning equIpment. It does not have a confêren~
room, per .se; there is a small meeting room also used for storage. leaving very little

room for people to move around, thIs environment Is not condueive to the produçton of
documente In an effcient and expeditious way whíle providìn

trust documents.

OMAR BRADLEY Regional Director Niwajo Region
Executed ttis~f Junei 2007
9

. "

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Case 1:06-cv-00945-FMA v..I vVf '"v'" i 1.:. V:. rnA :'UO "" tjb~ th::'=''

~lA-~rea U¡rector Document 19-4 Filed 06/21/2007

~ Page 11 of 44003/007

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United States Department of the Interior
Bureau of Indian Affairs Navajo Region

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In rel\~O. repl 10;

N101JRagionai D/i-or

P. o. Bex 1060 Gallup, New Mexico 87305
If 2 4 2D7

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Memorandum
To
From
ALL NAVAJO REGION EMPLOYEES _ ~"'

~=I Director, BIA Navajo Re~iO~
Litigation Hold; Pre5ervation of I~J;mation in Tribal Trust Case for
the Navaio Nation v. Uníted States

Subject:

As you are aware, the Navajo Nation recen11y filed their complaint against the United States, claiming a breach of trust and mismenaeement of tribal resources. Consequently, the Departent of Intsnor Solicitor's Office issued a memo dated March

121 2007. (see attached) emphasizing the importance for indivdual employees,
inoluding contractor employees to preserve materia/ that js or may be relevant to this
litiga.tion.

All DOl employees are directed to preseJVEt materials or information whîch consists of
nail doouments, data. and tangible things" in the possesslon¡ custody or 90ntrol of

program offloes that are or may be relevant to this litigation. Tnbal trust assets are identified as the management and accounting of tribal resources and funds held in trust by the Department. As such, information or materials that is or may be relevant to this case includes, without limitation, anything reflecting, referring or relating to:

1. any asset, such as funds, land. minerals, forestry, sand and gravel, or other resources, that is or at any time has been, held in trust by the United States or its agents for Tribes or Indian groups ("trust asset'): 2. policies, procedures, guidelines, or correspondence relating to any aspect of 1hg

management or administration 01 trust assets:
3. proceeds, interest, or income from trust assets; or disbursement, disbursement, distribution, disposition or trasfer of any trust assets;
4. reports, appraisals, reconciliations. or evalualions of trust assets: and

5. information that serves to identify, locate, or link any relevant informatìon, such

as fila inventories, fie folders, and indices.
Information include aJectronioally stored information (ESI), including, but not limited to: E~mail (including attachments); Instant messages; Electronic calendars, tasks lists, or other organizational aids; Word processing documents; Spreadsheets: Databases: Audio and video recordings; and. Voicemail.eSlmay be stored on network systems and ,servers, local hard drives, laptops, storage media (including flash drives, diskettes.

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Page 2

and CD-ROMs), as well a5 PDAs (such as Blackberres) and cell phones. Personal home computer5, cell phones, and .other devices used for work may also contain

relevant or potentially relevant information that must be identified and preseive.d.
The timefranne of preserving and safeguarding information relevant to this case has a yet-to-ba-determined beginning date to the present; therefore, any information created in the future must also be preserved. In general, ìn no case shall BIA NRO

!mplovees delete nor destroy any relevant information related to the Navaio Nation v. United States.
Supervisors are directed to provide a copy of this memorandum to each employee within their program offices as it is Imperative to ensure that all BIA NRQ employees are Înforrned that relevant litigation records are preserved and safeguarded.
For technical

assistance regarding pre5srving records, please contact Lois Cunha or .

Claudeen Crank, OTR RegionaJ FFecords Liaisons for the Navajo Region at (50S) 8S3~
8240/8422. If you have questions pertaining to the litigation, please contact Deborah S. Benally at (505) 863-8394. Thank you.

Attachment

cc: OTR Regional Reoords Liaisons, BIA Navajo Region
Program Analyst (Trust Coordination), BIA Navajo Region

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b!~-Area UireGLOr Document 19-4 Filed

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United States Department of the Interior
OF'C2 OF THE SOLJCITOR

MAR 1 2 2007
MEM O!!

DUM

Offce oftbe Secretary

Office ot tbe SoUcitor

Office of the Special Trustee . Offci: or Hitorical Tru9t A~OUDtiDg
Office of the Inspector Gcneral Offce or A9sistant Secreta - Indian AffaÎrs

Bureau of ladlu Anain .
Offce or Assistant Secretary - Policy, ManagemeDt, .ad Budget

Offce at AssistaDt Secetar - Land and Mùerap Minerals Management Servce
Bureau of

omce of Bearigs ¡u:.d Appea
omee Df Sw1acll Mhimg MaoagemeDl Lind

Offce or ASsistat Secr~l:ar . Fllb, .Wildlfe, aod Parks
Fisb aDd Wjldlife Service
Offce or Assist Seuii1:lry .. Water aod Science
Burea-- or

Reclamation V.S. Gelogical Survey

LaWreocc J. Jensen. ~ Deputy SoUcitor ~-t~
Subjei:t~

Litigation H.old: PreservatloQ ofIurormation iD Tribiil Trust Cases

A! you ma.y know. çighty Tn11aJ. piaiti. includig some Indi.a grups that are not federly
recogocd reently filed acons a~iu:t the: Depitent of clais of

the Inteor r'DeparimtU) asserg
law to pres~e materal that is or

breach oftnst anor aset .rIsmanag~iiumt (colh:cbveLy, "TbaJ Trut caes'")_ !biG

gi:ves rise to at cxttely importan~ obligation under Federa

may b& re((vant to the Trbal Tr Ca£eB,
The purose of

ths Litiga.tion Hold is to infonr you OfthCi st:pc ofthG obligaton imd what

actions are required to comply with it The ptre:ation of infoimatîan will primarly be cared

out by individuaJ employeee iwd contracto~ (imy referce he:in to "ccployee" includ=s

contractor employe). Therefore, it is hnperi.tive. tbu a copy or tbls Lidgadl)~ Hold reaches
every einployea who may possess relevant inronnatJoa l.a y~n¡T bureau or offce. .

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öln-~rea uireC10r Document 19-4 Filed

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IpformatioD To Be Presened:
The informs:tion that must be presc:cd consist of all "dooume~tl5, da.ta and tagib1e uungs" in
the possesion, custody, OJ' contrl of your buru or offce tha.t are or IDBY be relevant to the

Sùbje:t matte ()fth~ TrbaJ Trust cases. 'IDocuuent., dd1a, and tagible thgs" encompass
paper doi;u¡mts. eleetrnicaly ssred iiOl'tion. (discused below), and other matrial, such
as nnaps. videos, i;alendro, char, and similar items.

Atthed is a list identifYng lie invidua Tribal plaitiff whose ínforoD mus be
preeroo Additionaty, tb~ Natve Amerca Righrn Fld has tiled an action pwportg to be: CD behr.t of all other Tribes tha.t reeived maters as par of the Tribal Ri:onciltion PIj ec.
Therfore, ths Lìûgation Hold çover infonnoJJ concemg any Tribe or 2tOUD ofInrnEm far

which the Depmm~t adnïnis1.ers or ha! adi~ assets m trtThe Tribal Trut ca COIlcm the miiageeent and acDuntig-oftrfbaJ ~SoUTCes and fuds

held in tI by th~ Deparent. Ao.rdigly, infon:atorr tht is or may be ~levant to these cas inc1i.des, withDut limtaiïoo anytg reflectig, referg or relat:ii to:
. 1 myaa inh as ffds,llnd, IInet, fui&stI, Band.ad grvel, or other resoures, that

is, or.at any ûi:e has beco, h~ld intnflt. by the United Sta or its agents for TnÒe. Or
lDdian grups ('"t as")~

2. policiee. proced:urea. ~dclÍ1es Or co~pondetce rela.tig to any a. or the
wanagement or m'mini£Ua.on ofmm is!let¡

3. proceeds, inwest or mc:c from trt assets; or dibuement, distrbution, diSpsition
or irer of an)' tnt assets;

4. repof1, appraisals, rccondliaons, or eva1U4ODJ of any trst asset; and 5. information that seees to identify. locatc, or link any relevant inormaton, 5uch as fiLt
invenoorit$, fie folders, and indicE'.

Th~ timeftame of informa.ùon th mus be p~ered is fim a yet-to'-bedetaan~ bc&Wng

preered. .

dato thugh the pre5ent, :wbich m~an tht inorron crea.ted in Ihe fuMe must Bl be

General Preservation Re~inments:
Emp1oyrcs are require to take "re~nablc step5" to pteserr; the inormatoIl described above. Reasonable steps, a.t a minium. includis enurg that infgnnado:: is net putg~ p\lrsua.t to a
reord dispo5Ïtio:Q schedule or othccÍ!e inadvertently d~troyed. This obligation alo extends

to rcçords miÎntacd in off-site ¡¡t¡ragc faci1itics, which may ii:cJude. in :io11e insances, Fedøù

Recorw Center. At ~ present tie. ths obligaon is only to jdenti and pre~e the infemmtion. Yau wi bi: notified if anyting addjtiona is require as the Trbal Tiut cases

OI'cee.

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Preservation of EJec.tronicallv Stoi-ed Jnlonnation (¡¡~i"):
Undc: new ammdme.ts to the Feder Rules of

civil Prure, the preeration reuirement

explicitly relates to electrnicay store Inonnat10n. ESI can include. but is not lited to:
E-mail (including attaçhcnts);
Instat messages¡ Electriii; i;¡Ùcnda tak 1ist5, and other orgazationn aids;

Word proce8SSng dOC'cnts;

Spreadsheets;

Ditaases;
Audio an vidi!ó rerdigs; and
V ccicemail.

ESl ma.y b$locn.te on netork 9)'Aten and serer, loceJhs drv.es Jaiops, storae meda,

(including flas drves. disketes, aId CD-ROMs), as 'Wcll as on PDAs (such ~ Bladerres) and ¡:i:Il pbones. Note that home cote, cell phones and othec device u= for work may also
conta relevant or potaly relevant iMonon that mus be identiSed and preered. Fiir:, th bar drive and n~ork :fles of d~Brng ~1Q~" must be ide:tificd an

p~ed.

Your IT pccrmel wil) b~ rensible for tag sts to p~e ESJ fi a tehncal
stapoint BBpJoyes should seek ø.sta EEm tb~ IT peromme1 as necar co pree

their ESI, a:d in no case should they delete my relevat inormtion.
Conc:usioni
Imedate compliance with tIs Litigation Ho1d is essential to protect the beparent fiom

Jengmy-iud avoidalo-6covCI dispute, that COI1i= bureau ÛIe aag resurs and oth~
uegaüve consequences. sucb as nnoni;tii sanctons and evdentiar incrCtJll that would lit

the :Di=pa:ents ahilty to defend a.ganst the claims in the cases. Th Litigation Hold also protects individua mana.ger and employees by providing them basic gudance on how to comply with thei lega1 requiements.
Than ycu for your propt attenon to th inater. Plea diect any questions about th

memomnum to PauJ Smyt, Counelor to the Solicitor, (202-208-4301).

Attachment

J

Case 1:06-cv-00945-FMA

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Exhibit 10

Case 1:06-cv-00945-FMA

Document 19-4

Filed 06/21/2007

Page 17 of 44

Case 1:06-cv-00913-MMS Document 12-6 Filed 04/30/2007 Page 4 of 15

AnNe Melster 04/0112004 06:47 PM

To: All - BPD (Business use only!) cc: Tribal Malll~BPD Subjecl: SPECIAL NOTICE TO ALL EMPLOYEES

MEMORANDUM FOR FROM: SUBJECT:

All BPD EMPLOYEES ANNE MEISTE-R RETENTION OF DOCUMENTS AND DATA RELATING TO INDIAN TRIBES; April 1,2004

DATE:

On March 22, 2004, we received two court orders that require BPD employees to retain documents and data relating to claims brought by the Jicarilla Apache Ni~tion and the Pueblo of Laguna tribe. To ensure compliance with these court orders, and orders we may receive in cases with other Indian tribes, BPD is instituting an additional document retention policy. This policy applies to documents and data relating to Indian tribes that we handle in our role as a trustee, and supplements our existing policy for documents in the Cobell case. Until further notice, please retain all documents and data, including duplicates, e-mails, and voice mails, that relate to the following subjects: ¯ The receipt, investment, and disbursement of trust funds belonging to I~dian tribes. ¯ Procedures for managing Indian tribal trust funds, including procedures, relating to the payment of interest. Accounting for Indian tribal trust funds. ,, ¯ Litigation concerning the governmcnl's trust responsibilities towards Ndian tribes. ¯ Treasury's trust responsibilities towards Indian tribes. ¯ Management of Indian tribal assets, such as land, timber, oil, and mineral fights. ¯ Document retention policies and practices pertaining to the subjects ab6ve. Where possible and consistent with your normal business practices, please se~egate the material you are retaining from other documents and data. This will help us to identify information pertaining to the litigation, as well as documen~Ls that can be safely destroyed at the end of the normal retention cycle. To assist you in this effort, we have set up dedicated mailboxes for e-mails and voice mails. To retain existing and future e-mails, you should forward them to this address: Tribal Mail. If the e-mails pertain to a particular tribe, please put the tribe's name in the ~ubjeet heading. To retain voice messages, please use the following procedure: (1) Press 1 at the end of the message.

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(2) Press 2 to forward the message with c~mments. (3) Add your comments to the recording by saying the information in the message's header (e.g., the time and date of the message and the duration of the message)., The voice mail system provides this information before each recorded message. If the me~sag~ relates to a particular tribe, please mention that as well. Then press #. (4) Enter extension 2000, tt~en press #. (5) Press # twice. When the message has been forwarded, you may delete it from your personal voice mailbox. Yeu may find it helpful to put this procedure by your phone. You may also wigh to inform your colleagues that, because of the additional complications in re~aining voice mail, you prefer to receive messages on Indian tribal matters by e-mail. Please interpret your obligation~ under this policy broadly, If you need clarification or assistance, please contact BPD's Chief Counsel, Brian Ferrell (x3715), or Paul WolReich (x3715) or Brian Self (x3670) of his staff. Thmtk you for your continued cooperation and assistance with this policy.

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Exhibit 11

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Case 1:06-cv-00913-MMS Document 12-6 Filed 04/30/2007 Page 7 of 15 FMS Insider > News > Cobel] Litigation > Cobel]l/Tribal Litigation-0l -- Cobell/Triba] Li... Page 1 of 2

FMS Insider
YOu are here: HpJEle > News > Co_b~l Ljtj.ga_tion > Co_~belll~r.ibaJ Lit_j_i_i~atio___n.rO1-2_CobellJTr b a! L t. ~t~_tio_ n_ Home Pa~e

Cobell/Tribal Litigation Home Page FPIS is under continuing court orders to preserve certain documents indefinitely for purposes of the Cobell and tribal trust lawsuits. All employees must adhere to the instructions contained in the following documents, until further notice. Cobell: 1..Commis_sioner. Richard__L. G r_egg's_Aug_ust30L1999 mem p.ran.du___m directing all FMS employees to preserve indefinitely all documents and data relating to IIM trust monies. This memorandum includes the court's August 12, 1999 retention order and a list of the types of records FMS must preserve. Note that the records FM5 must retain for the C#obel_/ litigation include not only IIM-related records but certain entire categories of records that FMS agreed to retain, regardless of whether they are IIM-related (for example, all Treasury checks). 2. T_he Dep.~_ty _Chief In_ format_].on~Offi(:er'._~s Jq~L2,_t_999..guideJines for utilizing the "Archive" Cobell mailbox. 3. T..he D_epu_ty ._Chie_f_I.nfor__mation_ .Off l_'E#r's__H_a.y_ 3_0.,_~0_0_00 e__-_ma_.iJ which reiterates the policy for using the "Archive Cobell" mailbox. It also provides guidance for using the mailbox with Lotus Notes e-mail. 4..DePutY Commissioner Kenneth R,_Eapaj's March 3,.20#q._me_nl_qrandum (revised and reissued March 24, 2000) to Assistant Commissioners, entitled "Naintenance of Data on FMS Systems." 5. Chie.f.C.o_unse_! D ebra N.. Oiener's_.Harch 7.,_ :ZO.O__Q..memoran#_um to Assistant Commissioners, outlining the requirements for seeking approval to dispose of documents not pertinent to pending litigation. 6. _Commi_ssio.ne__r_ Gl:egg's.F..e.bruar¥.._l_4, 2006 memorandu_m reminding All FMS Employees of records retention requirements, including the rule that no documents, data or tangible things can be destroyed without written approval from the Chief Counsel (with the exception of "obvious non-record materials"). Includes a copy of the "Quick Reference Guide" describing "obvious non-record materials".

Tribal: 1, Co mrnissi_onerGre_.gg'sApri~l_2.., 2Q02 me.mq.r__andu____m to As.sistant C_.omm_is_sion____eY_s directing that all tribal trust fund documents be preserved. 2. Cqmm__[s.sio_ne_E.Gr_egg's_Harch 26,_.200..4.m_emoran__dum_ to Assistant Cp.mmis_~s)one_r_s and Chie[_Cpun.s_e!, requiring that emai1 and voicemail messages related to two tribes (The P--uebfo of Laguna and ]icarilla Apache Nation) be forwarded to dedicated "Tribal" mailboxes, and providing detailed instructions for using those mailboxes.

All questions should be directed to the Office of Chief Counsel at 874-6680. OCC_ W elco m e_Pag#

http://intran~t~fms~treas.g~v/c~unse~.nsf/print2C88CgD3B478968~785256C22~~3E7~~3

2/14/2006

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Exhibit 12

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Case 1:06-cv-00913-MMS Document I2-6 Filed 04/30/2007 Page 9 of 15

Tribal Litigation
Please make sure that :you are famitiar with the foUowing memoranda regarding document retention. Document Retention April 1, ~04. : SP~AL NOTICE T_zOO+_AL..L._~tP_~Q~%E.ES

March 19, 2004: J.i,~:[~+.~:~r++&.L+~!h&D+._oc++:9+me~![~#~n+'.~._O..@Jde~rs~

.+

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Exhibit 13

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Case 1:06-cv-00913-MMS Document 12-6 Filed 04/30/2007 Page 15 of 15
Nancy Fleetwood/BPD 02123/2007 03:09 PM To All - BPD (Business use only!) cc bc¢ Subject IMPORTANT REMINDER TO ALL EMPLOYEES

¯ I'd 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 (IIM) trust fund and IIM 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 Counsel or his designee: IIM deposit fund investment records IIM 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 (intemai and external) relating to Individual Indian Money ¯ Electronic communications, such as e-mails and Internet messages, relating to the subjects above, unless those communications have been forwarded to the Cobell mailbox. You should continue to copy or forward all e-mails relating to the IIM trust fund, IIM trust assets, and the CobelI litigation to the dedicated IIM Mailbox. To insert the mailbox address on an e-mail, simply type "IIM 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" Cobelt v. Kempthorne ,'" 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

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Exhibit 14

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Case 1:06-cv-00913:-M-M-S- .......Document 12-7 Filed 04/30/2007 Page 6 of 26

Attachment F

Official FMS Business
BR>] To:

Office of the Commissioner Agency Services Debt Management Services Federal Finance Financial Governmentwide Accounting Information Resources AC Management Regional Operations HQ Austi Birmingham Kansas City Philadelphia San Francisco 02/14/2006 William Higgins Cobell and Tribal Trust Litigation - FMS Retention Requirements

Date: From: Subject:

Date: To: From:

February 14, 2006 All FMS Employees Richard L. Gregg Commissioner Cobel_____ll and Tribal Trust Litigation - FMS Retention Requirements

Subject:

All FMS employees are again reminded that FMS remains subject to continuing court orders and Treasury directives, requiring us to retain and safeguard all documents, data and tangible things that relate to Individual Indian Money (IIM) and Tribal trust funds and assets, indefinitely. To ensure that we remain in compliance with the court orders and directives, please continue to adhere to the following FMS requirements: 1. Do not destroy any documents, da.t.a or ta.tangible thin~ou have received written _approval from the Chief Counsel. This rule applies to al__!l documents, data and tangible things, whether litigation-related or not. Prepare a disposition request, following the instructions contained in the Chief Counsel's March 7, 2000 memorandum entitled "Process for Obtaining Disposition Approval" (posted on the FMS intranet on the "Cobell/Tribal I_,itigation" page). The only exception to this rule is for "obvious non-record materia!s," as described in the attached ':Quick Reference Guide." 2. Continue copying or forwarding all Cobell-related and Tribal-related e-mail and other electronic documents to their respective dedicated mailboxes ("Cobe]l Archive@fms" for Cobell-related e-mail/electronic documents and "Tribal Mailbox@fms" for Tribal-related e-mail/electronic documents). To insert a mailbox address on an e-mail, simply type "Cobell" or '°Tribal" and press the "Enter" key. You may delete your copy of any e-mail or other electronic document sent to these mailboxes.

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3, Promptly forward any voicemail messages that relate to the Jicarilla Apache Nation or The Pueblo of Lag#na Tribe to FMS' dedicated "Tribal" voicemail ~ Step-by-step instructions for forwarding voicemail messages to the repository are provided in my March 26, 2004 memorandum (posted on the FMS intranet on the "Cobell/Tribal Litigation" page). 4. Do not archive (move) data from any FMS electronic production systems that contain litigation-related data, except pursuant to a written archive plan that has been approved by the Commissioner's Office. Please refer to the Deputy Commissioner's March 24, 2000 memorandum entitled "Maintenance of Data ,on FMS Systems" (posted on the FMS intranet on the "Cobell/Tribal Litigation" page) for more information about this requirement. 5. Do not attempt to giye guidance on record retention matters to Federal Reserve Bank personnel, Please refer all such questions to Terri Dawson at (202) 874-6877 or to Beth Kramer at (202) 874-7036. I appreciate your continued compliance with these instructions and encourage you to review the pertinent memoranda posted on the FMS intranet. To locate the memoranda, double click on the icon for Netscape Navigator. This moves you to FMS' intranet. Under "News" or "Hot Topics," click on "Cobell/Tribal Litigation." If you have questions or need assistance regarding any of these retention requirements, please do not hesitate to contact Terri Dawson at (202) 874-6877 or Beth Kramer at (202) 874-7036. Thank you.

Attachment

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T

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Case 1:06-_-v4094-3-MM~S ........ Document 12-7 Filed 04/30/2007 Page 8 of 26

"A Quick Reference Guide"
[ REMEMBER: PRESERVE ALL INTERIiOR/INDIAN-TRUST-RELATED MATERIAL!I ]

OBVIOUS NONRECORD MATERIALS These may be destroyed without the approval of the Chief Counsel
CATEGORIES EXAMPLES ¯ Office supply catalogs ¯ vendor marketing materials ¯ non-FMS publications/manuals, such as phone books, FederalF Register, dictionaries, "Lotus Notes for Dummies,'t

]. Non-

Treasury/FMS Material

etc,
¯ attendee's copy of handouts received at meetings, training, etc. ¯ employee's copy of work-related organization charts, phone lists, Treasury Correspondence Manual, etc. ¯ employee's copy of FMS publications, such as "Fiscal Scene" ¯ excess stocks of FMS marketing materials, such as Direct Deposit brochures ¯ notices received re: IT security, scheduling of meetings & van rides, training, "acting" managers, voting leave, etc. ¯ notices, received re: retirements, deaths, TSP, CFC, PTI, Flex Account, etc. ¯ employee's copy of T&A, payroll, personnel, etc. records (exc__xEg_Et travel records/receipts) ¯ printouts of non-Federal Web pages that were not used for FMS business ¯ non-FMS-related calendars/reminders ¯ recipes, poems, cartoons, etc. ¯ printer banner pages and printer failure reports ¯ interim drafts created but never circulated to anyone ¯ duplicates of any of the examples in these four categories.

2. Treasury/FMS Distribution/ Reference Material

3. Personal Papers

4. Other

Click here for more information on Cobeil Litigation

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Exhibit 15

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Document 12-7

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Page 9 of 26 Attachment G

@
I II IIIII II III IIII I

Official FMS Business

To:

Office of the Commissioner Debt Management Services Federal Finance Financial Operations Govemmentwide Accounting Information Resources AC Management Regional Operations HQ Austir Birmingham Kansas City Philadelphia San Francisco 08110/2006 William Higgins Cobell and Tribal Trust Litigation - FMS Retention Requirements
II ii iiiiiiiii I I

III

I

II

I

Date: From: Subject:

iii II _ iii _

Date: To: From:

August 10, 2006 All FMS Employees Kenneth R. Papaj Commissioner

Subject: Cobell and Tribal Trust Litigation - FMS Retention Requirements All FMS employees are again reminded tlhat FMS remains subject to continuing court orders and Treasury directives, requiring us to retain and safeguard all documents, data and tangible things that relate to Individual Indian Money (IIM) and Tribal trust funds and assets, indefinitely. To ensure that we remain in compliance with the court orders and directives, please continue to adhere to the following FMS requirements: 1. Do not destroy any documents, data or tangible things unless you have received mitten approval from the Chief Counsel. This role applies to all documents, data and tangible things, whether litigation-related or not. Prepare a disposition request, following the instructions contained in the Chief Counsel's March 7, 2000 memorandum entitled "Process for Obtaining Disposition Approval" (posted on the FMS intranet on the "Cobelt/Tribal Litigation" page). The only exception to this rule is for "obvious non-record materials," as described in the attached "Quick Reference Guide." 2. Continue copying or forwarding all Cobell-related and Tribal-related e-mail and other electronic documents to their respective ,dedicated mailboxes ("Cobell Archive@fins" for Cobell-related e-mail/electronic documents and "Tribal Mailbox~fins" for Tribal-related e-mail/electronic documents). To insert a mailbox address on an e-mail, simply type "Cobell" or "Tribal" and press the "Enter" key. You may delete your copy of any e-mail or other electronic document sent to these mailboxes.

r

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3. Promptly forward any voicemait messag_es that relate to the Jicarilla Apache Nation or The Pueblo ofLaguna Tribe to FMS' dedicated "Tribal" voicemail reposit.o~: Step-by-step instructions for forwarding voicemail messages to the repository are provided in my March 26, 2004 memorandum (posted on the FMS intranet on the "Cobell/Tribal Litigation" page). 4. Do not archive (move) data from any FMS electronic production systems that contain litigation-related data_~except pursuant to a written archive plan that has been a._9_pp_roved by the Commissioner's Office. Please refer to the Deputy Commissioner's March 24, 2000 memorandum entitled "Maintenance of Data on FMS Systems" (posted on the FMS intranet on the "CobelI/Tribal Litigation" page) for more information about this requirement. 5. Do not attempt to give guidance on record retention matters to Federal Reserve Bank personnel. Please refer all such questions to Terri Dawson at (202) 874-6877 or to Beth Kramer at (202) 874-7036. I appreciate your continued compliance with these instructions and encourage you to review the pertinent memoranda posted on the FMS intranet. To locate the memoranda, double click on the icon for Netscape Navigator. This; moves you to FMS' intrmlet. Under "News" or "Hot Topics," click on "CobellFfribal Litigation." If you have questions or need assistance regarding any of these retention requirements, please do not hesitate to contact Terri Dawson at (202) 874-6877 or Beth Kramer at (202) 874-7036. Thank you.

Attachment

Case 1:06-cv-00945-FMA

Document 19-4

Filed 06/21/2007

Page 32 of 44

You are here: Home > News > Cobell_ Lit~ > -- Cqmmissioner.Papai [Auclust 1~006 m,em_~).- Atjchment

Commissioner Papaj (August 10, 2006 memo) - Attachment
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"A Quick Reference Guide"
REMEMBER: PRESERVE AI,I, INTERIOR/INDIAN-TRUST-RELATED MATERIA['~

OBVIOUS NONRECORD MATERIALS These may be destroyed without the opprova[ of the Chief Counsel
CAIEGOR~ES EXAMPLES Office supply calatogs vendor marketing materials non-FMS pubfic.ations?manuals, such as phone books, Federal Register. dictionaries. "Lotus Notes for Dummies/ etc. ¯ al:tendee's copy of handouts received at meetings, training. etc. ¯ employee's copy of work-related organization charts, phone lists, Treasury Correspondence Manual. etc. employee's copy of FMS publ~tions, such as "Fiscal Scene" , excess stocks of F MS marketing materials, such as Direct Deposit brochures ¯ notices received re: IT security, scheduling of meetings & van rides, training, "acting" managers, voting leave, elc. ¯ notices received re: retirements, deaths, TSP, CFC. PTI. Flex Account. etc. ¯ employee's copy of T&A. payroll, personnel, etc. records (4~ travel records/receipts) ° printouts of non-Federal Web pages that were not used for FMS business ° non-FMS-related calendarsireminders ¯ reci:pes, poems, cartoons, etc. ° printer banner pages and printer failure reports interim drafts created but never circulated to anyone duplicates of an? of the examples in these four categories.

I. NonTreasury/FMS Material

2. Treasury!FMS ¯ | Distribu rio#l/ Reference M aterial

3. Personal Papers

4. Other

-Pr~ I Next Page

http://intranet.fms.treas.gov/counsel.nsf/print/09966EDE89762096852571150062C 1 D4

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Exhibit 16

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Document 12-7

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I III I i

Official FMS Business
........ II II III

To:

Ill Off{ce oi the Commissioner Debi Management Services Federal Finance FinancialIIOperations -Governmentwide Accounting Information Resources AC Management Regional Operations HQ Austir Birmingham Kansas City Philadelphia San Francisco .

Date: From:
IIIILI I II ¯

02/16/2007 .... William Higgins Cobell and Tribal Trust Litigation - FMS Retention Requirements
m, .............. L ...........

Subject:

Date:

February 16, 2007 All FMS Employees

From:

Kenneth R. Papaj Commissioner Cobell and Tribal Trust Litigation - FMS Retention Requirements

Subject:

All FMS employees are again reminded that FMS remains subject to continuing court orders and Treasury directives, requiring us to retain and safeguard all documents, data and tangible things that relate to Individual Indian Money (IIM) and Tribal trust funds and assets, indefinitely. To ensure that we remain in compliance with the: court orders and directives, please continue to adhere to the following FMS requirements: Do not destroy any documents data or tan ible things unlessyou have received written approval from the Chief Counsel. This rule applies to ~ documents, data and tangible things, whether litigation-related or not. Prepare a disposition request, following the instructions contained in the Chief Counsel's March 7, 2000 memorandum entitled "Process for Obtaining Disposition Approval" (posted on the FMS intranet on the "Cobell/Tribal Litigation" page). The only e..xception to this rule is for "obvious non-record materials," as de.scribed in the attached "Quick Reference Guide." Continue copying or forwarding all Cobel!l-related and Tribal-related e-mail and other electronic documents to their respective dedicated mailboxes ("Cobell Archive@fins" for Cobell-related e-mail/electronic documents and "Tribal Mailbox f@,_f_ms" for Tribal-related e-mail/electronic documents). To insert a mailbox address on an e-mail, simply type "Cobell" or "Tribal" and press the "Enter" key. You may delete your copy of any e-mail or other electronic document sent to these mailboxes.

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Case 1:06-cv-00913-MMS Document 12-7 Filed 04/30/2007 Page 13 of 26

Promptly forward any_ voicemaiI messages that relate to the Jicarilla Apache Nation or The Pueblo of Laguna Tribe to FMS' dedicated "Tribal" voicemail reposito~. Step-by-step instructions for forwarding voicemail messages to the repository are provided in a March 26, 2004 memorandum (posted on the FMS intranet on the "Cobell/Tribal Litigation" page), Do not archive (move) data from any FMS electronic production systems that contain litigation-related_data, except pursuant to a written archive plan that has been app~ the Commissioner's Office. Please refer to the Deputy Commissioner's March 24, 2000 memorandum entitled "Maintenance of Data on FMS Systems" (posted on the FMS intranet on the "Cobell/Tribal Litigation" page) for more information about this requirement, Do not attempt to give guidance on record retention matters to Federal Reserve Bank personnel. Please refer all such questions to Terri Dawson at (202) 874-6877 or to Beth Kramer at (202) 874-7036. I appreciate your continued compliance with these instructions and encourage you to review the pertinent memoranda posted on the FMS intremet. To locate the memoranda, double click on the icon for Internet Explorer. This moves you to FMS' intranet. Under "News" or "Hot Topics," click on "Cobell/Tribal Litigation." If you have questions or need assistance regarding any of these retention requirements, please do not hesitate to contact Terri Dawson at (202) 874-6877 or Beth Kramer at (202) 874-7036. Thank you.

Attachment

Case 1:06-cv-00945-FMA

Document 19-4

Filed 06/21/2007

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Case 1:06-cv-00913-MMS Document 12-7 Filed 04/30/2007 Page 14 of 26

"A Quick Reference Guide"
I REMEMBER: PRESERVE ALL INTERIOR/INDIAN-TRUST-RELATED MATERIAL!! 1

OBVIOUS NONRECORD MATERIALS These may be destroyed without the approval of the Chief Counsel
CATEGORIES EXAMPLES ¯ Office supply catalogs ¯ vendor marketing materials ¯ non-FMS publications/manuals, such as phone books, Federal Register, dictionaries, "Lotus Notes for Dummies," etc. ¯ attendee's copy of handouts received at meetings, training, etc. ¯ employee's copy of work-related organization charts, phone lists, Treasury Correspondence Manual, etc. ¯ employee's copy of FMS publications, such as "Fiscal Scene" ¯ excess stocks of FMS marketing materials, such as Direct Deposit brochures ¯ notice.'; received re: IT security, scheduling of meetings & van rides, training, "acting" managers, voting leave, etc. ¯ notices received re: retirements, deaths, TSP, CFC, PTI, Flex Account, etc. ¯ employee's copy of T&A, payroll, personnel, etc. records (ex_x_&e~ travel records/receipts) ¯ printouts of non-Federal Web pages that were not used for FMS business ¯ non-FMS-related calendars/reminders ¯ recipes, poems, cartoons, etc. ¯ printer banner pages and printer failure reports ¯ interim drafts created but never circulated to anyone ¯ duplicates of any of the examples in these four categories.

1. NonTreasury/FMS Material

2. Treasury/FMS Distribution/ Reference Material

3. Personal Papers

4. Other

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FMS Insider > News > CobelI Litigation > - Commisfio~er Papaj (February'16, 2007 me.,. Page 1 of 1

You are h~re: H o.me > News > Cob¢ll Litigation > -- Co~rnmiss;ongr Pap~j .(February 16r 2007 memp) - P;~q~

Commissioner Papaj (February 1'6, 2007 memo) - Page 2
P[gYigU~_ ~a.9~_ I N,~XL Page ...........

ConLent Owner: M.ar~ar~ LasC MocliFl~d on February 16, 2007

Ad.dDocument (Inl;obrokers only)

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4/10/2007

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Case 1:06-cv-00945-FMA
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FMS Insider> News > Cobell Litigation > -- Comtr~issioner Papaj (February 16, 2007 me... Page 2 of 2
ii i i iiii ii_ it,

OBVIOUS I~:O~'RECORD MATERIALS:
Thest may be destro ~d without the aoproval of ~e Chief, Counsel

3. Per.~na! Papers

4. Other

~,obell/Tribal Liti_uation Page I O_.C_cC._W.elqome. Page

Content Owner: ~arqaret Marauette
L~S~ Modlr-/¢d on February 16, 2007 ~_(L~_D_o¢.q~t_e._~ (Infobrokers only)

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4/10/2007

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Exhibit 17

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43899

Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Notices Dated: July 21, 2005. (5) At least 60 days before this extension ends on September 17, 2006, Mark R. Johnston, the Secretary of Homeland Security, Director, Office of Special Needs Assistance after consultation with appropriate Programs. agencies of the Government, will review [FR Dec. 05-14742 Filed 7-28-05; 8:45 am] the designation of Somalia for TPS and BILLING CODE 4210-.29-M determine whether the conditions for designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that DEPARTMENT OF THE INTERIOR determination, including the basis for the determination, will be published in Office of the Secretary the Federal Register. Id. (6) Information concerning the Privacy Act of 1974, As Amended; extension of designation of Somalia for Addition of a New System of Records TPS will be available at local USCIS offices upon publication of this Notice AGENCY: Office of the Secretary, U.S. and on the USCIS Web site at http:// Department of the Interior. www. uscis.gov. ACTION: Proposed addition of a new Dated: July 15, 2005. system of records. Michael Chertoff, SUMMARY: The ,Office of the Secretary, Secretary. Department of the Interior is issuing [FR Dec. 05-15001 Filed 7-26-05; 10:25 am] public notice of its intent to add a new BILLING CODE 4410-10-P Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). DEPARTMENT OF HOUSING AND This action is necessary to meet the URBAN DEVELOPMENT requirements of the Privacy Act to publish in the Federal Register notice of [Docket No. FR-4980-N-30] the existence and character of records Federal Property Suitable as Facilities systems maintained by the agency (5 to Assist the Homeless U.S.C. 552a(e)(4)). The new system of records is called the Box Index Search AGENCY: Office of the Assistant System (BISS)--Interior, OS-3. Secretary for Community Planning and EFFECTIVE DATE: 5 U,S.C. 552a (e) (11) Development, HUD. requires that the public be provided a ACTION: Notice. 30-day period in which to comment on SUMMARY: This Notice identifies the agency's intended use of the unutilized, underutilized, excess, and information in the system of records. surplus Federal property reviewed by The Office of Management and Budget, HUD for suitability for possible use to in its Circular A-130, requires an assist the homeless. additional 10-day period (for a total of DATES: July 29, 2005. 40 days) in which to make these comments. Any persons interested in FOR FURTHER INFORMATION CONTACT: commenting on this proposed Kathy Ezzell, Department of Housing amendment may do so by submitting and Urban Development, Room 7262, comments in writing to the Department 451 Seventh Street, SW., Washington, of the Interior, Office of the Secretary DC 20410; telephone (202) 708-1234; Privacy Act Officer, Sue Ellen Sloca, TTY number for the hearing- and speech-impaired (202) 708-2565, (these U.S. Department of the Interior, Mail telephone numbers are not toll-free), or Stop (MS)-1413, Main Interior Building call the toll-free Title V information line (MIB), 1849 C :Street, NW., Washington, DC 20240. Comments received within at 1-800-927-7588. 40 days of publication in the Federal SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 Register will be considered. The system court order in National Coalition for the will be effective as proposed at the end of the comment period unless comments Homeless v. Veterans Administration, are received which would require a No. 88-2503-OG (D.D.C), HUD contrary determination. The Department publishes a Notice, on a weekly basis, will publish a revised notice if changes identifying unutilized, underutilized, are made based upon a review of excess and surplus Federal buildings comments received. and real property that HUD has FOR FURTHER INFORMATION CONTACT: For reviewed for suitability for use to assist information on the BISS--Interior, OSthe homeless. Today's Notice is for the purpose of announcing that no 3, please contact Ethel Abeita, Director, Office of Trust Records, 4400 Masthead additional properties have been NE, Albuquerque, NM, 87109, (505) determined suitable or unsuitable this 816-1600. week.

SUPPLEMENTARY INFORMATION: The

purpose of the Box Index Search System (BISS) is to create a file-level listing of the contents of boxes of inactive records as a quick finding aid when records are retired, and to provide authorized parties with a tool to search all inactive records at the file-level that are stored at the American Indian Records Repository (AIRR) in Lenexa, KS. The BISS will provide an enhanced research capability over the existing paper Standard Form 135s, and other multiple partial inventory databases that currently exist. This improvement will enable DOI to centrally manage access to records and allow BIA and OST staff direct access to information about records that have been retired. Dated: July 25, 2005. Robert McKenna, Chief Information Officer, Office of the Special Trustee for American Indians. INTERIOR/OS-3
SYSTEM NAME:

Box Index Search System (BISS)-Interior, OS-3.
SYSTEM LOCATION:

This system is located in the Office of the Chief Information Officer, Office of the Special Trustee for American Indians (OST), 4400 Masthead NE, Albuquerque, NM. Information contained in the system will be made available electronically to OST offices in Albuquerque, NM; at the American Indian Records Repository (AIRR) in Lenexa, KS; and at OST and Bureau of Indian Affairs (BIA) field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals whose names and other identifying information appear in file folders from inactive BIA and OST records being retired to the American Indian Records Repository. Future information may include individual Indian-related financial records from other Departmental bureaus or offices.
CATEGORIES OF RECORDS IN THE SYSTEM:

The system consists of (1) Indices bearing the names of the individuals and/or any other identifiers that were included on the file folder label created by the originating office; (2) the type of records in the folder: (3) where the records originated; (4) date ranges of the information; (5) records management information; and (6) miscellaneous information associated with the storage box. It is noted that this system does not maintain the contents of the administrative or program file folder. Its purpose is to identify folders in boxes and provide brief summaries of the

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Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Notices
SYSTEM MANAGER(S) AND ADDRESS:

document types in file folders for financial records only.

(B) Compatible with the purposes for which the records were compiled. (6) To a congressional office in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: response to a written inquiry of an This system of records is maintained individual cove:red by the system, or the under the authority 44 U.S.C. 3101; 44 heir of such individual if the covered U.S.C. 3102; and 5 U.S.C. 301. individual is deceased, has made to the congressional office about the ROUTINE USES OF RECORDS MAINTAINED IN THE individual. SYSTEM, INCLUDING CATEGORIES OF USERS AND (7) To the appropriate Federal agency PURPOSES OF SUCH USES: The system's main purposes are to: (1) that is responsible for investigating, Create a file level listing of the contents prosecuting, enforcing, or implementing a statute, rule, regulation or order, when of boxes containing inactive records as a quick finding aid, complementing the we become aware of an indication of a Standard Form 135 Records Transmittal violation or potential violation of the statute, rule, regulation or order. and Receipt created when records are (8) To an official of another Federal retired; and (2) provide authorized agency to provide information needed parties with a tool to search a file level in the performance of official duties index of all inactive records stored at the American Indian Records Repository related to reconciling or reconstructing data files, in support of the functions for (AIRR) in Lenexa, KS. which the records were collected and DISCLOSURES OUTSIDE THE DOI MAY BE MADE maintained. TO: (9) To representatives of the National (1) Indian Tribal account holders or Archives and Records Administration to their heirs, if deceased; (2) contractors conduct records', management who service and maintain the system for inspections under the authority of 44 the Department; (3) an expert, U.S.C. 2903 and 2904. consultant, or contractor (including (10) To state and local governments and tribal organizations to provide employees of the contractor) of DOI that performs, on DOI's behalf, research and information needed in response to court other services requiring access to these order, and/or discovery purposes related to litigation. records in order to fulfill the purposes for which the underlying documents DISCLOSURE TO CONSUMER REPORTING were created; (4) parties authorized to AGENCIES: perform searches to locate official files Pursuant to 5 U.S.C. 552a(b)12, in order to fulfill the purposes for which records can be disclosed to consumer the underlying files were created ; (5)(a) reporting agencies as they are defined in any of the following entities or individuals, when the circumstances set the Fair Credit Reporting Act. forth in (b) are met: STORAGE: (i) The Department of Justice [DOJ); Records are stored in electronic media (ii) A court, adjudicative or other on hard disks, magnetic tapes and administrative body; compact disks and paper media. (iii) A party in litigation before a court RETRIEVABILITY: or adjudicative or administrative body; or Information stored in BISS is full text (iv) Any DOI employee acting in his indexed and can be searched by any or her individual capacity if DOI or DOJ significant textual item (words and/or has agreed to represent that employee or numbers) or combination of textual pay for private representation of the items as well as by any field in the employee; database. (b) When ACCESS SAFEGUARDS: (i) One of the following is a party to the proceeding or has an interest in the Maintained in accordance with the Department of the Interior Privacy Act proceeding: (A) DOI or any component of DOI; regulations for ,mfeguarding of (B) Any DOI employee acting in his or information (43 CFR 2.51). A Privacy her official capacity; Impact Assessment was completed. (C) Any DOI employee acting in his or Management controls and Rules of her individual capacity if DOI or DOJ Behavior were developed to ensure has agreed to represent that employee or security controls. pay for private representation of the RETENTION AND DISPOSAL: employee; Records relating to persons covered (D) The United States, when DOJ by this system are retained in determines that DOI is likely to be accordance with the 16BIAM and other affected by the proceeding; and respective bureau/office records [ii) DOI deems the disclosure to be: (A) Relevant and necessary to the retention schedules. The system is proceeding; and scheduled for permanent retention.

Office of Trust Records, Department of the Interior, 4400 Masthead NE., Albuquerque, NM 87109.
NOTIFICATION PROCEDURES:

An individual requesting notification of the existence of records on him or herself in the BISS should address his/ her request to the System Manager above. The request must be in writing and signed by the requester and include his or her mailing address and social security number (See 43 CFR 2.60). Note, this system does not maintain the contents of the administrative or program file folder that is being transferred to the records center, and serves solely as a locator tool.
RECORDS ACCESS PROCEDURES:

See procedu