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

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 1 of 35

Exhibit 41

Case 1:06-cv-00945-FMA
04/1f
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Document 19-13

Filed 06/21/2007

Page 2 of 35
- ~024(02ì

f'""".l"'~ W.l': U-~

20.622 092 P .01.1
WASHINGN, D.c.

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DEP"RTMENT OF THE TREASURY
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ASi!I$TAN'' &.¡:IIET"t
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~RTAN: FOR )MOIATB ATION
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AprJ 1. 202

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MBORJUM :FOIt
i

RICH L. GRGG COMMSIONER, FfANCI MAGEMNT SBRVICE

:
ì

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VAN ZB
COMMSIONE BURAU OF TH PUBUC DEBT
ROBERT N. RE DEPUT ASSISTANT SECREARY FOR

ACCOUNG OPERTIONS

DAVI LERYK
DBPur ASSISAN SECRTARY FOR FISCA OPETIONS AND POUCY
DAVID J. MONROE

bIROR. OFFCE OF CASH AN DBBTMAAGEM
FROM: I
¡

DONALV.UA~ FIAL ASSISTAN SECRTARY
Preronenon an Id~tification of

i i

SUBJEcn i
¡

Tn'bal Tru Fu

Doents Relat to

I J
í 1

At1 is a memoraum, dated Mar 29 .fm Gener Cowl A'ilfbauser. regarin
the rc~n an idtification of documents reat to TribAt trt mones. Recntly. litigaton

bas bee~' .tiate aga the goverent inludig the Tf1~ry Deparent with reect to the is hnpemtïve tht we immedatly ta stes to acou. fo ce Tnòal trst fidd. It
presee potenally ieevt doents and to pcrll an intial idetifiation of

dOCC . we have. Pleae inct your reectiV'e orgons top~ere these reds an

i.

what we

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Case 1:06-cv-00945-FMA
04/ i 0/20"" ,.. _ \I r r Ir - "Zir¿8T4l:621

Document 19-13

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QQ uu. O.;c;

Page 3 of 35
im 025/021
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reew the ij th you hae. Th re ofyo initi reew must be colet by Apr

i 1. In co~g yøurnwew. plea ke in mi th pror to 1973 Tras ma1a
acunts at ~e indiviua fn"bc: Ievao the na of the ~ in your

possesion cod be.

siggticatly difft fo d. time perod. I wiJ scedle a bbefi on tJ rees in the

ver nea fdtue.
!

Brian Feep, Senor Counsel for Litigaton on 622-8236. j

& 4QtCC in the mConmdii. ¡fyou have an q'ons about ths RRes. plea ca11

Atthmen~

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Case 1:06-cv-00945-FMA
~4/10/2007 14:05 FAX 2028748827

Document 19-13

Filed 06/21/2007

Page 4 of 35
ff 014/027

i-.¡T~C ~'G~

1.. , T".:UI'\ I

Gne:RAI. COUNSEL.

.

AttchlØeat Z

DEPARTMENT OF THE TREASURY
W,ASHINGTON, D.C.

March

29.

2002

MEMORAUM FO

THE CHEF OF STAFF

THE EXECUTVE SECRTARY
UNDER SECRE1:ARY FISHER

ASS~STAN SECRETARY CLARIA ASSISTANT SECIUAItY DUNCAN

ASSISANT SECRTARY HAMOND

ASSIST~ SECRTARY WEERGER
ASSIST AN GENERAL COUNSELS COUNSELOR. TO T.RE GENERA COVNSEL

FROM:

David D. AufusÇI l~
Geeral Counsel ¿:

SUBJECT:

lderrficali011 and RetfmJion ofTrihal TTUI Fund Records

N I.merus Indian trb~s have fied lawsuits ¡¡iit the: ûoverent relating to its
admiiiisttation and mangemcnt of

trbal tmst funds and proper. To dat, 18 lawsuits nave

been tied, i 7 since the beginning of Januar 2002. Thi: number could. however, rech as many as 274.

The: case. as ,hat the goveme.t ha fiiled to provide the "Tribe with an acountig
ofUUc Tnbe's trurs fud:;." Thi; cumplaints asert that "th Sec.rctary of United States

the 1ìas o(tbe

is cutodian oftnòal trst fonds, and has resonsibilty with regs to the

adminition of such fuds and the preparation .;nd m~nteniince ofreol1s in QOnneçttoD witll
tbosc funds." The ¡¡i~ga.tion is sìmilarto whai was alleged in CobeU..

'The wa.ve Dftrib¡tl tnis fund caes tht nave rccently b~cn filed are outside the scope of

the c13ims brought by tle ÌDQividualIndi;u trst beneficiares in Cobell v. NoJJn. which is

curi:tJy being litigated in the FL:dc:i-1 Distict Court her in Washington, D.C.. Distriçt an
AppeUa.te court decisions in Q. confrm the Goverent's fiduciar obligatiotl to Iodan

trSl beneñclarie.. and in parcular, the duty to account. ~,Copell v. Babbitf. 91 F.S',2d 1
(V.D.C. 1999), !! §i lla.L ~ell v. Norton, 240 F.3d lOSr (D.c. Cir.2001).

---~_._...._-_.._~_._- ._._._...~....

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-_._----..

Case 1:06-cv-00945-FMA
04/10/2007 14: 05 FAX 2028746627
~r'r;-.i..rl2 ~i:.~;t
"

Document 19-13

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Page 5 of 35
1l015(Q2.1

l... 11\L...' J

2

Pror to i 973, TreasrJ maÎntaned ìn the centr31 acunti system separ accounts for
the

what. if any, records3 and grups of records ma.y exist concern the separte acUlts held by
Tre pror 1. 1913. as wen as the acCCUnts that exst po 1973, Please provide your
prliminal. findin~s, including the IOQtion ofthcsc record by Aprl

trbal acvity. In 1973, with the conCurcc ofGA02,1hese sepa. acc:ounts (totil1! apximately 1.500 iit that time) were conslidatd. We request your assistance in identing
12. 2002,4

Alo, I as tbat you take steps 1. retaIn and maintan thos reordd aasoçiaied with the
trba.l trst fwd accounts, regaies ofNAR approved disposition schedules. .1'1eac distrbute

th memordum to the offces for which you. are responsible. Pleae alo tai: steps to enur
these rems iu retiiined aT1d maintained. If you havl: my quc:1Ìons. pleas do not hesitate to
eontact Brian Ferell of

my offce al (202) G22-Si3G.

2Treasur Bought GAO CQncurrence with the. consolidation based upon co with the
hitorical comnng of ,

trbal fid~ with ",(diim Money, Pro ofLabot' alowed for by a
Direûve No.

930's statle. GAO provided such concurrnce OJ) Octoòer 18,1973, On Novembii 26,1973,

TTur adopted the ~rnoI ¡ daton of accounts effective July 1, 1973 .by Treaur

12499.
JThc ter "record" includes any h;,ndwritten, tyed, or prrntGd document$ (such as

memoranda. correspondeni;i:, telephcni; logs, calenda, notes, books, brochur, stuiee,

writin, c:ats, trcripts, ::d minute!;). The ter "reoItn also includes documentar material

in other fotmS (sucl as electronic documerrt$ or p.r~sentations, elecnic nnail, ma,glletic tapes, computer disks, aadi(J or video reconiil'g¡. ~lides, microfilm. and motion picts.
'The ftr of tbe governmcrrts rCBpnnsivl: pleadings in these matters is due on Apri

26,

2002.

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Case 1:06-cv-00945-FMA
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Document 19-13

Filed 06/21/2007

Page 6 of 35
im Q 16/Q27

Hii-J."-~~ &EJ'l!J

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ATTACHMENT 3: TRES CURRNTY IN LmGATION
Th followig tribes haVe filed suit:
.. AssinÏòoine And Sioux Tn"bs of

Fort Pec hhian Reseraton

.. Chippewa Cr Tribe ofthi: R.cky Boy's Reeration
.. The Crw Trbe ofJndían
'T Affliated Tribes of

the Fort Berhold Rczmrtion
the Fort Hall ReseivlltiOII

Shoshone-BamckTnbes of

. Stas. Rock Sioux Ttfbe
.. Roebud Sioux Tnbe

Confedte Tribes of the: W.a Springs Reseraton of On:gon
Cofederated Tribes and Bands of

the Yakma NatQI

.. The Quapaw Tribe of Oklahma
.. Th~ Blackf Tribe of

the .a1ac:~ lndian Reeration
of Indians and the Delaware Trut Boar

.. The Dcla.w3J Tribe

Iic.lla Apache N~tíQI1

. Pueblo of Laguna
Osage Nation auor Tribe of

.. Sccle Nation of

Shshone Tribe ofthc Wind Rivq Ri=ervation

..

Indian of Oklahoma
Oklahoma

.. Arpaho Indian Tribe of the Wind R.vcr ReIVon

--", _._---

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Case 1:06-cv-00945-FMA
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Document 19-13

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Page 7 of 35

t:-15-200 20: 313 l1C I ktlèl.Y

~017/027 ~ ...l~

MEMORAUM FOR DAVID D. AUFUSE:R

SUBCT:

Certfication of Searc for 1ìbal Trust Fond .Rrd

In ac:ord with th instrctons provided in the Apri-J 2003 memoradu fi th

Ge Counl. tbc unergged, rep~ntDg the Offce of the
o Chief of Staf

o . Executi YC Sc:ta

o Under S.:retaa for Domeetic Finan
o Fisca Assistat Secreta

D . Assistat Sec for Ecnomc Policy

o Asistat Sectar for Legislatve Aí
o Asstat Secta for Public; Afairs

o Assistat Secta fo Maagemt
o Geer Counsel

certifes (1) that a copy oftle General Cowwsls April_, 2003 memuu wa dibwed to
eaoh 8UpeSOi- in the offce and (2) tht tlls offce ha conducted a seah for n:or reponsive

to the rcuC Tht sea prouced

o no rcccve reord
o rc:,-pousive JJords th arc attached to tl memoradu.
This offce seabed (descrbe the Scope of the

seah and the locations searhe)

Name (pl~e print)

Dat

.

Sigature

TOTPL P. HI

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Case 1:06-cv-00945-FMA

Document 19-13

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Page 8 of 35

Exhibit 42

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 9 of 35
im 023/027.-

FInancial M~nagement Service

memorandum
Date:

Apri12.2002

To:

Scott Johnon, Assistat Conuissioner Management
Tony Torrice. Assistt Commissioner Regional Operations
Bettsy Lae, Asistant CQmmissioner Federal Finance

Nancy Fleetwood, Asistant Commissioner Information Resources Judy Tilman, Asistant Commissioner Financial Operations
Lar Stout, Assistat Commissioner Govemmentwde: Accounting

From:

Richa L. Grgg If D () /: h . -

Commssioner ~. ~ .
PreserationIetenüon and Identifcation of

Subject;

Docui:nts Related to Tribal Trust

Fund...

Attached is a memorandum dated March 29 from General Counsel Aufhausr and a memorandum dated April 1 firr Donald V. Hamond, Fiscal Assi~..tant Secrela. Pleae iake whatever action is necess Lo preserve any potetially relevant documents pertaining to trbal
trust funds. Bas on a rece.nt review conducted by Rita Bracher and your individual offces a

tribal trut fund records inventory listing was prep~ed. The document relention order tht you have been followig a:s a result of the Cobell litigation to a very grt extent covel"s the same
records as those pertaining to the trbal tru funds.

In addi£ion. to preserving tribal trust fmmd records, Don Hanond also asked us to conduct an

initial review of these records by April I i. Pleas have your staff work with Rita Bracher to ensu.re that the list or recrds that could be potentially relevat to trbal trst runds is accurate
and comprehensve, Plea send to me by April) i, a memo verify that trbal trt fud

records are being preserved and that the listing Qf ~ocueßts prepared by Rita Bi:lche with the

assistance Iim each or your offces is accute and comprehensive.
AI!!o by April 11, J wil rcqucstlhat Rita Bratcher forwar to me a listing ofth~ recrds that may be potentially relevant to tribal trust funds, including the location of such records.

Attachments
cc: Ken Papaj

Debra Diener Rita Bratcher

FMS - QUality People - Qpality Servïce ~
_____n._..__._.

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 10 of 35

Exhibit 43

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 11 of 35

Attacbment H

Official FMS Business

~
To:

Offce of the Commissioner Agency Services Debt Management Services Federal Finance Financial
Governmentwide Accounting Information Resources AC Management Regional Operations HQ Ausl Birmingham Kansas City Philadelphia San Francisco

Date:

02/25/2005
Willam Higgins
Cobell and Tribal Trust Litigation - FMS Retention Requirements

From:
SUbject:

Date:

February 25, 2005

To:
From:

All FMS Employees Richard L. Gregg Commissioner

Subject:

Cobell and Tribal Trust Litigation - FMS Retention Requirements

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 thatre/ate to Individual Indian Money (11M) 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 folJowine: FMS requirements:
i. Do not destroy any docwnents, data or tagible things unless you have received written

approval from the Chief Counsel. Prepare a disposition request, following the instructions contained in the ChiefCounseJ's March 7, 2000 memoradum entitled "Process for Obtaining Disposition Approval" (posted on the FMS intranet on the
"Cobeiirribal Litigation" page).

2. Continue copying or forwarding all Cobell-related and Tribal-related e-mail and other

electronic documents to their respective dedicated mailboxes ("Cobell Archive~fms" for Cobell-related e-mail/electronic documents and "Tribal Mailbox(ßfm" for Tribal-related e-mail/electronic documents). To insert a mailbox address on an e-mail, simply tye "CobelJ" or "Tribal" and press the "Enter" key.
3. Promptly forward any voicemaiI messages that relate to the JicarilJa Apache Nation or
The Pueblo of

Laguna Tribe to FMS' dedicated "Tribal" voicemail repository .

Step-by-step instctions for forwarding voicemail messages to the repository ar

~. ,___c..._.__, ~ ...._~

--_._._-_._-"--_..

Case 1:06-cv-00945-FMA

Document 19-13

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Page 12 of 35

provided in my March 26, 2004 memorandum (posted on the FMS intranet on the "CobellTribal Litigation" page).
4. Do not archive (move) data from any FMS electronic production systems that contan
litigation-related data, except pursuant to a wrtten archive plan that has

been approved by

the Commissioner's Offce. 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 "Cobeiirrribal Litigation" page) for more information about this requirement.
5. Do not attempt to give guidance on record retention matters to FRB personneL. Please

refer all such questions to Terr 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 "CobellTribal Litigation."
If you have questions or need assistance regarding any of these retention requirements, please do
not hesitate to contact Terr Dawson at (202) 874-6877 or Beth Kramer at (202) 874-7036.

Than you.

_. END OF ANNOUNCEMENT _.

i-..... ."co .

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 13 of 35

Attacbment G

Official FMS Business
l-=BR::J

To:

Offce of the Commissioner Agency Services Debt Management Services Federal Finance Financial C Governmenlwide Accounting Information Resurces AC Management Regional Operations HQ Austir Birmingham Kansas City Philadelphia San Francisco

Date:

08/17/2005
Willam Higgins
Cobel1 and Tribal Trust Litigation - FMS Retention Requirements

From:

Subject:

Date:

August 17, 2005

To:
From:

All FMS Employees
Richard L. Gregg Commissioner

Subject:

Cobell and Tribal Trut Litigation - FMS Retention Requirements

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 an tangible things that relate to Individual Indian Money (UM) and Tribal trst fuds 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:
I. Do not destroy any documents. data or tan~ible things unless yoU have received written

approval from the Chief CounseL. This rule applies to all documents, data and tangible things, whether litigation-related or not. Prepare a disposition request, following the instructions contaned in the Chief Counsel's March 7, 2000 memorandum entitled "Process for Obtaining Disposition Approval" (posted on the FMS intranet on the "Cobeiirrribal Litigation" page).
2. Continue copying or forwarding all Cobell-related and Tribal-related e-mail and other

electronic documents to their respective dedicated mailboxes ("Cobell Archive(qfms" 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.

3. Promptly forward any voicemail message that relate to the Jicarila Apache Nation or The

Pueblo of Laguna Tribe to FMS' dedicated "Tribal" voicemail repository. Step-by-step

. .
.~---__

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 14 of 35

instructions for forwarding voicemaìl messages to the repository are provided in my March 26,

2004 memorandum (posted on the FMS intranet on the "Cobell/Tnbal 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 Offce. 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 "Cobeiirrribal Litigation" page) for more infommation about this requirement.

personneL. Please refer all such questions to Terri Dawson at (202) 874-6877 or to Beth Kramer

at (202) 874-7036. ,

5. Do not attempt to give guidance on record retention matters to Federal Reserve Bank

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.

Than you.

... END OF ANNOUNCEMENT ...

_. '...r~.-_~~

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 15 of 35

Attachment F

Official FMS Business
.:BR::)

To:

Offce of the Commissioner Agency Services Debt Management Services Federal Finance Financial Governmentwide Accounting Information Resources AC Management Regional Operations HQ Aust Birmingham Kansas City Philadelphia San Francisco

Date:

02/14/2006
Wiliam Higgins
Cobell and Tribal Trust Litigation - FMS Retention Requirements

From:

Subject:

Date:
To:

Februar 14, 2006

All FMS Employees
Richard L. Gregg Commissioner

From:

Subject:

Cobell and Tribal Trust Litigation - FMS Retention Requirements

All FMSemployees 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:
i. Do not destroy any documents, data or tangible things unless yoU have received written

approval from the Chief CounseL. This rule applies to all documents, data and tangible things, whether litigation-related or not. Prepare a disposition request, foJlowing the instructions
contained in the ChiefCounsels March 7, 2000 memorándum entitled "Process for Obtaining

Disposition Approval" (posted on the FMS intranet on the "CobeJl/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(qfms" for ''Tribal Mailbox(qfms" for Tribal-related and documents Cobell-related e-mail/electronIc 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.

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 16 of 35

3. Promptly forward any voicemail messages that relate to the Jicarila Apache Nation or

Laguna Tribe to FMS' dedicated "Tribal" voicemail repository. 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 "CobelIlTribal Litigation" page).
The Pueblo of

4. Do not archive (move) data from any FMS electronic production systems that contain

litigation-related data, except pursuant to a written archiye plan that has been approved by the Commissioner's Offce. Please refer to the Deputy Commissioner's March 24,2000 Data on FMS Systems" (posted on the FMS intranet on memorandum entitled "Maintenance of . the "CobelJTribal 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 orto 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 "CobelllTribal Litigation."
If

these retention requirements, please do not hesitate to contact Terri Dawson at (202) 874-6877 or Beth Kramer at (202) 874-7036.
you have questions or need assistance regarding any of

Thank you.

Attachment

Case 1:06-cv-00945-FMA

Document 19-13

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Page 17 of 35

"A Quick Reference Guide"
REMEMBER: PRESERVE ALL INTERiOR/1NIAN-TRUST-RELATED MATERIAL!!

OBVIOUS NONRECORD MATERIALS These may be destroyed without the approval of the Chief Counsel
CATEGORIES
EXAMPLES

. .
.

Offce supply catalogs vendor marketing materials
non-FMS publications/manuals, such as phone books, Federal Register, dictionaries, "Lotus Notes for Dummies:~ etc.

1. Non-

Treasury/FMS Material
2. Treasury/FMS

.
.

Distribution/
Reference Material

.
. . .

attendee's copy of handouts received atmeetings, 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,

3. Personal Papers

.

Flex Account, etc.
employee's copy of T&A, payroll, personnel, etc. records (except 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

4. Other

. .

.

duplicates of any of the examples in these four categories.

Click here for more information on Cabell Litigation

Case 1:06-cv-00945-FMA

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Page 18 of 35
. Attachment G

Offcial FMS Business
To: Offce of the Commissioner Debt Management Services Federal Finance Financial Operations

Govemmentwide Accounting Information Resources AC Management Regional Operations riQ Austir Birmingham Kansas City Philadelphia San Francisco

Date: 08/10/2006

From: Wiliam Higgins
Subject: Cobel1 and Tribal Trust Litigation - FMS Retention Requirements

Date: Augut 10, 2006

To: All FMS Employees

From: Kenneth R. Papaj
Commissioner
Subject: Cobell and Trìbal Trust Litigation - FMS Retention Requirements

All FMS employees are again reminded that FMS remains subject to continuing cour orders and Treasur directives, requiring us to retain and safeguard all documents, data and tagible things that relate to Individual Indian Money (11M) ard Tribal trt fuds an assets, indefinitely. To ensure that we remain in compliance with the cour orders and directives,

please continue to adhere to tbe following FMS requirements:
1. Do not destroy any documents. data or tagible thingS uness you have received written approval from the Chief Counsel. This rule applies to all documents, data and tagible thngs, whether litigation-related or not. Prepare a disposition request, following the instrctions contaned in the ChiefColUsel's March 7, 2000 memorandum entitled "Process for Obtaining Disposition Approval" (posted on the FMS intranet on the "Cobeiirrribal Litigation" page). The only exception to this rule is for "obvious non-record materials." as described in the attched "Quick Reference Guide. "
2. Continue copying or forwarding all Cobell-related and Tribal-related e-mail and other electronic documents to their res~ective dedicated mailboxes ("Cobell Archiverrfis" for
Cobell-related e-mail/electronic documents and "Tribal Mailboxêfis" for Tribal-related

e-mail/eledronicdocuments).Toinsert a mailbox address on an e-maìl, simply tye
"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.

,.

---

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 19 of 35

3. Promptly forward any voicemail messages tht relate to the Jicarlla Apache Nation or Laguna Tribe to FMS' dedicated "Tribal" voicemail repository. Step-by-step The Pueblo of instrctions for forwarding voicemail messages to the repository ar 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 FMSelectronic production systems that contain litigation-related data. except pursuat to a written archive plan that has been approved by the Commissioner's Offce. 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 give guidance on record retention mattrs to Federal Reserve Bank personneL Please refer aU such questions to Terri Dawson at (202) 874-6877 or to Beth Kramer at (202) 874-7036.
I appreciate your continued compliance with these instrctions and encourge you to review the pertinent memoranda posted on the FMS intret. To locate the memoranda, double click on the icon for Netscape Navigator. This moves you to FMS' intret. Under "News" or "Hot Topics," click on "Cobell/Tribal Litigation."
If

these retention requirements, please do not hesitate to contact Terri Dawson at (202) 874-6877 or Beth Kramer at (202) 874-7036.
you have questions or need assistance regarding any of

Thank you.

Attchment

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 20 of 35

(§ FMS Insider
You are here: Home :; News :; Cobell Liti9ation :; -- Commissionei-.PaDai (AuQust 10. 2006 m~mo) - Attachment

Commissioner Papaj (August 10, 2006 memo) - Attachment
Previous Page I Next Page

~~ A Quick Reference Guide"
REM'EMBER: PRES.ERVE ALL INTERIOR/INDJAN-TRUST-RELATED MATERIAl!!

OBVIOUS NONRECORD l\rlATERlALS
These may be destroyed without the approval of the Chief

Counsel
CATEGORIES

1. Non-

. . . .

EXAMPLES

Offce supply catalogs
vendor marketing materials non-FMS publicatjonsimanuals, such as phone books, federal Register, dictionaries, ~Lotus Notes for Dummies,'

Treasury/FMS Material
TreasuryfFMS Distl"butionl

etc.
attendee's copy of handouts received

at meetings, training.

.
2.

etc.
employee's copy of

.
.

work-related organization charts. phone lists, Treasury Correspondence rvlnual. etc. employee's copy of FMS publictions. Slich as "Fiscal
Scene.' excess stocks of FMS marketing materials. such as Direct

Reference lVlaterial

.

Deposit brochures
notic.es received re: IT security, scheduling of meetings &

van rides. training, "acting" managers. voting leave. etr..

.
3. Personal Papers

. . . . .

notices received re: retirements, deaths, TSP, CFC. PH Flex Account etc.
employee.s copy of T&A. payroll personnel, etc. records

(except travel records/receipts)
printouts eif non-Federal Web pages that w'ere not used for FMS business noll"FMS-related calendarsireminders

recipes, poems, cartoons, etc.
printer banner pages and printer failure reports interim drafts created but never circulated to anyone

4.

Other

.
+

duplicates of 8ry of the examples in these four categories.

"..._,-_...~.- ...._._.--..~_....

..... ._._.........h..._..

~reYious Pacce I Next Page

,-...."....._--_... .

http://intranet.fms.treas.govlCounsel.nsf/printl09966EDE8976209685257 I I 50062C 1 D4

8/3112006

-"..-~--.'~-

_.--~"-

Case 1:06-cv-00945-FMA

Document 19-13

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Page 21 of 35

AttacbmentF

Official FMS Business

To;

Offce of the Commissioner Debt Management Services Federal Finance Financial Operations
Governmenlwide Accounting Information Resources AC Management Regional Operations HQ Austir Birmingham Kansas City Philadelphia San Francisco

Date:

02116/2007

From:

Willam Higgins
Gobeli and Tribal Trust Litigation - FMS Retention Requirements

Subject:

Date:
To:

Februar 16, 2007

All FMS Employees
Kenneth R. Papaj Commissioner

From:

Subject:

Cobell and Tribal Trust Litigation - FMS Retention Requirements

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 tangible things unless you have received written approval from the Chief Counsel. This rule applies to aU 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 "CobellTribal Litigation" page). The only exception to this rule is for "obvious non-record materials," as described in the attached "Quick Reference Guide."

Continue copying or forwarding all Cobell-related and Tribal-related e-mail and other electronic documents to their respective dedicated mailboxes ("Cobell Archive~fms" for Cobell-related e-mail/electronic documents and "Tribal Mailbox~fms" for Tribal-related e-mail/electroriic documents). To insert a mailbox address on an e-mail, simply tye "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.

-,

. ~.-.~---~"

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 22 of 35

Promptly forward any voicemaiI messages that relate to the Jicarila Apache Nation or The Pueblo of Laguna Tribe to FMS' dedicated "Tribal" voicemail repository. Step-by-step
instrctions for forwarding voicemail messages to the repository are provided in a March

26, 2004 memorandum (psted on the FMS intranet on the "CobelVTribal 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 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 "CobelI/Tribal Litigation" page) for more information about this requirement.

Do not attempt to give guidance on record retention matters to Federal Reserve Ban
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 Internet Explorer. This moves you to FMS' intranet. Under "News" or "Hot Topics," click on "Cobell/Tribal Litigation."
If you haye questions or need assistace regarding any of these retention requirements, please do not hesitate to contact Terr Dawson at (202) 874-6877 or Beth Kramer at (202) 874-7036.

Than you.

Attachment

--~-.'----'

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 23 of 35

"A Quick Reference Guide"
REMEMBER: PRESERVE ALL INRIOR/INIAN-TRUST-RELATED MATERIAL!!

OBVIOUS NONRECORD MATERIALS These may be destroyed without the approval of the Chief Counsel
CATEGORIES
EXAMPLES

.
1. Non-

.
.

Offce supply catalogs vendor marketing materials
non-FMS publications/manuals, such as phone books, Federal Register, dictionaries, "Lotus Notes for Dummies,"

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

2. Treasury/FMS

Distribution/
Reference Material

.
.

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 (except travel records/receipts) printouts of non-Federal Web pages that were not used for FMS business non-FMS-related calendars/reminders

. .

3. Personal Papers

.
. . .

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.

4. Other

. .
.

-..'

. '-'~',-'-.._~-

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 24 of 35

. _. . "n ,"Y.W '''''''' I ~ 016/018
PMS Inside )0 News )0 Cabell Litigation" CobelIriba Litisation-92 -- CommssiQner P... Page 2 of 3

Date:

Fehr 16.2007
AU fMS :Empio~5

Tò:
from:
Subject:

Xi:et R. Paj
~ and. Tribal TtUt LitialÍon- FM Ren ~imea

Co~

AU FMS emplyee aæ agai remde tht FM remns sut! to cotig cour

ct -- Tre ~ti re us to re an lafelUar an 6ois d:

at ~'ble tbgs that fète to In1 Inan Money (r and Tnò:al in fø
and assets, iite. '10 en tallt woe re in co1ice 'arid) 1b co or and diet-u. please contu to adhrt to th fol. l' r..niements:

1. Do not dess an do~. da or tab1e tb!J$ iWss vcc ba ieeied
writ ~ fi t. ChefCoU8 11t in ap1ies to iJ doum. da

and tangibé t1gs. whet litigatin-relate or no. Pr a dipoon
re, foin iæ iiot c:me in l- Cbef Cousel's Mach 1,
:moo meinondu en1ir1ed "Pr fOl Obia Dii1ioo Appoval'" (pte
on th rM intm OA th "CoôeWTribal Litigation" pa~). Th oovexoetion

to rhmle is fot "ob iiord aals." as dtcnòed in ~ ~tQbe
"Ouck Referce Gui .,

2. COItie cOØVÍUE or fo aU CobeJ-r*Ö im Tria1-tdæd eo_ an

9!0:~1~ ~t5'f tbri~e &diea D'lbes (~
AAeaM'" for CobeU-rdate e-e1e dots and ~
"E kt. You may delete your CO of my e-m or other elctron

M2~bii' for Trl ~Ve1ecc doents). TD. iD a
ma :: CI 3D ~maL sily ty "Cob~ir' or "Triba" an press th

doJfent set fQ d& mmiJèS.

3. Prmttlv foar an voicemal mmEl' ~ relate to th 1i.iU Aoache
Nato%1 Of The Publo ofLa Tribe ~ FM' de~ ''Tri'' v..i-l feMitoo Steby-step Í!r.WCbOss íQt foardm voICù ~i¡..~ to dd

~tory m prvid ii a Maic 26. 2004 mein (pd on th FMS
u\tmmet on ~ "CobeUiTriba 1.1iOO" page).

4. Do no1 athi ún0\) data:f anv FMS detr mo &~ ma
cota fuuro.-rlmd &Ira. exce ønttt to a wr~ ar 1)1a tht ha
be aproved ay th r.mmmoo~' Æ Of~. pi~aSS æf to th Deputy
COtnllÍS Ma 24. 2~ meordt eutk "Mamteaø of

Da on

fM Sys" (pste oa the FMS irt on the- "CobUfrih2 Litigaonp3g~) fo moe ÍIoimon about ths req~f.

\g
htt://in1retfi. tr.gov/co\Ise1.ns/pritl24F92B05238C95C3 gS256C22003E71 04

4/10/2007

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 25 of 35

. .... ~v,,"'.."o¿:1 llon/01B
FMS Insider" News" Cobell Litigation;: - Commssioner Papaj (Febru '16,2001 me... Page 1 of 1

.~~) FMS Insider
You are here: Hon-e :. News :: Cob.1I Liiiiiin :. - C:ommiiiioner PUPII .(febnnary 1~ 200:1 memo) - PIIClII 2

Commissioner papaj (February 16, 2007 memo) - Page 2
Preious P;; N...t p

5, Do not attøt to Ø\-e lm oa reor reti tl to Fed Re'e
Ban ~nnl Pleae refer aU suh qu.mon io TeuDawso at (202) 874.
~S77 or to Beth Kt at (202) 874-7036.

I apec your co~ c:om wi thæ ØØ5t and mc:iige you to
t'"iew th peent meooda posed on th FMS inee To locæ ~ ~.

doubh: click 01 th i~ to intt-.inet Exlor. Tb WOYe )"OU to lMS' intret. t;.
"'?oev's" or 4Hot Topcs:' elide on "CobeUliribal ÜÜgation."
If you ba\'~ qnons or ne assistl tedÎ an of ddes relÌcc rets,

plea do ao~ bete to ~ 'rem DÆ at (i0) 874--17 or Be KK at (20)
874-1036.

T1 yo

Atr
___._ .~....-.................._...__,._.__.__......__..__,_.._,._... I. .
PNvlcuii paGe I Nen paae

.. . .... ._-_..__...._..._. -.... . .

Cobell/Trib!!l Litgation Page L OCC Welcome plge
. ..-.. ~ . _.-.-.----~._-_.ConænL Owner: llllrgllre Miirouet

UUst Modif on Fery 16, 2007

lllltDomimt (Infobrokers only)

btt:/lintranet.fms.tras.gov/counsel.nsf/prit/520BFC 155F5AC03 735256C22003E71 05

4/10/2007

-----,-_._-

Case 1:06-cv-00945-FMA

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Page 26 of 35
fl 018/018

FMS Inder" News:; Cobell Litigaton:; - Comssioner Papaj (Febru 16,2007 me... Page 2 of2

¡'A Quick Refei'ence Gnide)t
Rnr. RE\"E ALJ!"tORi)lA-tRU$-RTE iun:_W!

These be des w thout the royal or the Chie Consel

OBVIOUS NONRECORD MATES:
. '' maiing mate

CATEGOES ExES · Ob sup caog
et,

1. Non-

. non-FM puicaslrn, ssch iI ph books

TreasurylFMS

Mari
DistríbutonJ

Fed Reis. iiaaes i.oo No fo Dun;

2. Tioeasw-/FMS

. .e Tre ~iali et pp em's~ Mal, ch fiss,
. em's co of fM purc, aa as "Fis

. atde's co of ha reived at it, 1r

Reference Materbll

. ee st of FM mang ma su at Di

Sce

. noçe ~ m: IT iii1, såul of me &
van ri trng ""ct~. vong ~. eb
. rrçe ie 1': I'ment de.. TSP. CFC, PT~

De bf '
~ !rvel rerflipts)
FM buii

3. P~rsoual Pap~n

Flex AA. etc. . emplee'$ c: ofT&A. pay. pel. etc. reord

. prut of riedl Web pag th WM no use for

. non-FMte ~r:del'
. re po. caitns, etc.

. pr ba pa an prnter fai æpri
4. Oth~l'

. inri dr cr bu ii ~ to-. du of an d 88 exaples m :t for ~,
l.reiiious PIlUft I Nex piige

-.-....1'.... .._~-.... .._... _...___....._._.._..~___......~.....__..............., ........ .

..... ..........._.._. -. .-. . ..

Cabell/Trbal Utlgation Page I Q.c;-'N~J~ome. Page

.~_. .... ._..

.. . ....- . . ........ ._- ...._.._. ..._.. -.. .__._-_.....~....._-----~-_.._..-.. .

_...........__._.
brokers only)

Conæi't Owiier: lIaraannt Maraul!
I. Modirr~d orr February 16, 2007
~jt!!o_çt(~ (Info

htt://intret.ñn.trea.gov/counel.osflpri09966DE8976209652571150062ClD4

4/10/2007

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 27 of 35

Attachment I

Anne MeIster
To: All - BPD (Business use only!)

02/12/2004 10:23 AM

cc: 11M Mailboxl§BPD

Subject: IMPORTANT REMINDER

All BPD employees are again reminded that BPD remains subject to a court order that governs the retention of records relating to the Individual Indian Money (IIM) trust fund and 11M trust assets. To ensure compliance with this cour order, you should not destroy any records unless you receive written approval from the Chief Counsel or his designated representative. In
addition, you should continue to copy or forward all e-mails relating to the IIM trust fund, 11M

trust assets, and the Cobell litigation to the dedicated "11M Mailbox" unless you can ten from the message that theinitiator of the e-mail has already copied the "11M Mailbox." To insert the mailbox address on an email, simply type "11M Mailbox" and press the "Enter" key. If you need additional guidance on this, please contact Jimmy Phillps.

The Federal Reserve Banks have also been instructed not to destroy any fiscal agency records unless they have received specific permission in writing from FMS or the Bureau of the Public. Debt authorizing the destruction. Please refer any inquiries from FRB personnel regarding
record retention to Jimmy Philips at (202) 691 -3683, fax number (202) 219-4163. po not

attempt to give guidance on record retention matters to any FRB employee.

I appreciate your continued compliance with these instrctions and encourage you to review the pertinent memoranda and e-mals, which are posted on PD Web under the Offce of the Chief Counsel's (CC) website. To view the memoranda and e-mails posted on PD Web, double click on the office icon "CC" and double click on "Cobell v. Norton," which appears in the "Litigation"
section.

Thank you for your support on this extremely important matter.
Anne Meister Deputy Commissioner

...,._..--_-

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 28 of 35

Attachment G

Anne Meister
To: All - BPD (Business use only!)

08110/2004 07:17 PM

cc: 11M Maitbox~BPD

Subject IMPORTANT REMINDER FOR ALL EMPLOYEES

I'd like to again 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 11M trust assets.
To ensure

compliance with this court order, you should not destroy il records unless you

receive written approval from the Chief Counselor his designated representative. In addition,
you should continue to copy

or forward aU e-mails relating to the IIM trst fund, 11M trust assets, and the Cobell litigation to the dedicated "11M Mailbox" unless you can tell from the message that the initiator of the e-mail has already copied the "11M Mailbox." To insert the mailbox
addreSs on an email, simply tye "11M 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 persorrel regarding record retention to Jimmy

Philips 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 areposted on PD Web under the Offce of
the ChiefCounsels (CC) website. Just double click on the office icon "CC" and double click on

"Cobell v. Norton," which appears in the "Litigation" section.
Thans again for the great support you have shown in helping Public Debt comply with a very

challenging court order.

Anne Meister Deputy Commissioner

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 29 of 35

Attachment G

Anne Meisler/BPD
To AII- BPD (Business use only!)
02124/200506:31 PM

cc
Subject IMPORTANT REMINDER FOR All EMPLOYEES

I'd like to again remind all employees that BPD remains subject to a court order that govern th retention of records relating to the Individual Indian Money (11M) trust fund and IIM trust assets. To ensure compliance with this court order, you should not destroy W records unless you
receive written approval ITom the Chief

Counsel or his designated representative. In addition,

you should continue to copy or forward all e-mails relating -to the 11M trust fund, HM trt assets,

and the Cobell litigation to the dedicated "IIM Mailbox" unless you can tell from the message
that the initiator of the e-mail has already copied the "11M Mailbox." _ To insert the mailbox

address on an email, simply type "IlM Mailbox" and press the "Enter" key.
The Federal Reserve Ban have also been instructed not to destroy any fiscal agency records

unless they have received specific permission in wrting 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 instrctions and encourage you to occasionally review the pertinent memoranda and e-mails, which are posted on PD Web under the Offce of the Chief Counsel's (CC) website. Just double click on the office icon "CC" and double click on "Cobell v. Norton"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.

Ane Meister
Deputy Commissioner

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 30 of 35
Attachment F

Anne Meisler/BPD
To AII- 6PD (Business use only!)
08/16/200501 :22 PM

cc 11M Mailbox~6PD
Subject IMPORTAN REMINDER FOR ALL EMPLOYEES

I'd like to again remind all employees that BPD remains subject to a court order that governs the
To ensure

retention of records relating to the Individual Indian Money (11M) trust fund and 11M trut assets. compliance with this court order, you should not destroy ~ records unless you

receive written approval from the Chief Counsel or his designated representative. In addition, you should continue to copy or forward all e-mails relating to the JIM trut fund, IIM trust assets, and the Cobel! litigation to the dedicated "11M Mailbox" unless you can tell from the message that the initiator of the e-mail has already copied the "11M Mailbox." To insert the mailbox address on an email; simply type "IIM Mailbox" and press the "Enter" key.
The Federal Reserve Bans 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

Philips 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 occaionally review the pertinent memoranda and e-mails, which are posted on PD Web under the Offce of the ChiefCoun:sel's (OCC) website. Just click on the offce link "OCC" and then click 00 " Cobell v. Norton"which appears in the "Litigation" section.
Thans again for the great support you have shown in helping Public Debt comply with a very cllallengiog cour order.

Are Meister
Deputy Commissioner

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 31 of 35

Attachment H

Anne Meister/BPD
To All - BPD (Business use only!)

02/27/200604:35 PM

CC 11M Mailbox(§BPD

Subject IMPORTANT REMINDER TO ALL EMPLOYEES

l d like to remind all employees that BPD remains subject to a court order that governs the retention of records relating to the liidividual Indian Money (IIM) trust fund and IIM trst assets. To ensure compliance with this court order, you should not destroy any documents or data pertaining to the following subjects without written approval from the Chief Counselor his designee:
. IIM deposit fund investment records
. IIM accounts and accounts held in trust by the Departent of the Interior
. Savings bonds held in trust form of registration by the Department of

the Interior
the subjects

. Correspondence (internal and external) relating to Individual Indian Money
. Electronic communications, such as e-maHs and Internet messages, relating to above, unless

those communications have been forwarded to the Cobell mailbox.

You should continue to copy or forward all e-mails relating to the 11M trust fund, 11M trust assets, and the Cobell litigation to the dedicated 11M Mailbox. To insert the mailbox address on an e-mail, simply type "11M Mailbox" and press the "Enter" key.
The Federal Reserve Bans have also been instrcted not to destroy any fiscal agency records

unless they have received specific permission in writing from Treasur authorizing the
destruction. Please refer any inquiries from FRB personnel regarding record retention to Jimmy

Phillps 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 Offce of the Chief Counsel's (OCC) website. Just click on the offce link "OCC" and then click on " Cobell v. Norton," 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.

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 32 of 35

Attchment H
Nancy FleetwoodPD
08/211200612:44 PM

To All - BPD (Business use only!)
cc 11M Mailbox(§BPO

bee
Subject

IMPORT ANT REMINDER TO ALL EMPLOYEES

HistOry;

"eï. This message has bëërì forwrded,

I'd like to remind an employees that BPD remains subject to a cour order that governs the retention of records relatin to the Individua Indian Money (II) tr fud and UM trst assets.
To ensiie compliance with this cour order, you should not destroy any documents Or data
pertaining to the following subjects without wrtten approval frm the Chief Counsel or

his

designee:
· 11M deposit fud investment records
· 11M accounts and accounts held in trst by tht: Departent of · Savings bonds held in trst fonD of

the Interiòr

registration by the Deparment ofth'e Interior

· Correspondence (internl and extern) relating to lndividual1ndian Mo.ey

Electronic communications. such as e-mails and Interet messages. relating to the subjects above, unless those communcations have been forwed to the Cobell maiÍbox.
You shoi.d cootirrue to copy or forwd an e-mails reiatingto the TI trt fud, III

trt as$ets,

and the Cabell litigation to the dedicated 11M Mailbox. To inser the maibox addrss on an
e-mail, simply tye "JI Mailbox" and press the "Entet' key.

The Federal Reserve Ban have also been instrted not to destroy any fiscal ~gency records

unless they have recived specific perission in wrting from Treasur authoriing the
destrction. Please refer any inquies from FRB personnel regarding record retention to Jimmy

Phillps at (202) 504-3683, fax number (202) 504-3630. Don't attempt to give guidance on record retention matters to any FRB employee.
I apprciate your contiued compliance with these intrctions and encourage y,ou to occasionally

review the pertent memorada and e-mails. which ar posted on PD Web under the Offce of the Chief Counel's (OCC) website. Just click on the offce Unk "OCC" and then click on ..

Cabell v. Norton ,.. which appears in the "Litigation" section.
Thans again for the great support you have shown in helping Public Debt comply with a very

challengig cour order.

"...~--

._-~_."

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 33 of 35

Attacbment G .
Nancy Fleetwoo/BPD
To All - BPD (Business use only!)

02123/2007 03:09 PM

cc
Subject IMPORTANT REMINDER TO ALL EMPLOYEES

I'd like to remind all employees that BPD remains subject to a cour 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 pertining to the following subjects without written approval from the Chief Counselor his designee:
. IIM deposit fud 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 (internal 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, 11M trust assets, and the Cobelilitigation to the dedicated IIM Mailbox. To insert the mailbox address on an e-mail, simply tye "11M Mailbox" and press the "Enter" key.
The

Federal Reserve Bans 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

Philips 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 Offce of the Chief Counsel's (OCC) website. Just dick on the offce link "OCC" and then click on" Cobell v. Kemprhorne," which appears in the "Litigation" section. Thanks again for tl:e great support you have shown in helping Public Debt comply with a very challenging court order.

--

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 34 of 35

Promptly forward anyvoicemail messages that relate to the Jicarilla Apache Nation or The Pueblo of Laguna Tribe to FMS' dedicated "Tribal" voicemail repository. Step-by-step instructions for forwarding voIcemail messages to the repository are provided in a March 26, 2004 memorandum (psted on the FMS intranet on the "CobelllTribal 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 approved by the Commissioner's Offce. Please refer to the Deputy Commissioner's March 24, 2000 memoradum 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 recordretention.matters to Federal Reserve Ban personneL. Please refer all such questions to Terr 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 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 Terr Dawson at (202) 874-6877 or Beth Kramer at (202) 874-7036.

Than you.

Attachment

Case 1:06-cv-00945-FMA

Document 19-13

Filed 06/21/2007

Page 35 of 35

"A Quick Reference Guide"
REMEMBER: PRESERVE ALL INRIOR/INIAN-TRUST-RELATED MATERIAL!!

OBVIOUS NONRECORD MATERIALS These may be destroyed without the approval of the Chief Counsel
CATEGORIES

1. Non-

. .

.

Treasury/FMS Material
2. Treasury/FMS

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

. . . .

Distribution/
Reference Material

Scene"
excess stöcks 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.
.

.
.

3. Personal Papers

.
. . .

notices received re: retirements, deaths, TSP, CFC, PTI, Flex Account, etc. employee's copy of T&A, payroll, personnel, etc. records

(except 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.

.
4. Other

.

.

..--.,.---

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