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

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Exhibit 34

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UNITED STATES COURT OF FEDERAL CLAIMS

NAVAJO NATION

f.k.a. NAVAJO TRIE OF INIAS
Plaintiff,
v.

) ) )
)

UNITED STATES OF AMERICA,
Defendant.
- - -- --- - -- - -- - --- - ---- - ----- - -- --- - -- - -- - --- - --- ------

) ) ) ) )

No. 06-945 L Judge Francis M. Allegra

DECLARTION OF GREGORY POMICTER
I, Gregory Pomicter, do hereby declare:

1. I hold the position of Assistant for Operations in the Offce of Regional

Records Services, National Archives and Records Administration (NAR), located in
College Park, Maryland. I have been the Assistant for Operations for the past nine years.

I am responsible for regional archival, records management, and administrative fuctions
of the Offce of

Regional Records Services. Among my overall duties, from time to time

I am called upon to act as Acting Assistant Archivist for Regional Records, at which time

I supervise a staff of 25. Prior to my present position, I served as Deputy Assistant
Archivist for Federal Records Centers, from 1989 to 1997.

2. I am generally familiar with the Navajo Nation v. United States lawsuit, and
have read the Proposed Order submitted by plaintiff accompanying their Motion for
Entry of

Record Retention Order. I am submitting this declaration to provide the Cour

with additional information on the scope ofNAR's holdings, and to apprise the Cour
of

what are extraordinarily burdensome indexing requirements on NAR were plaintiffs

Proposed Retention Order adopted in its present form.

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3. This declaration is based on my personal knowledge as well as factual
information gathered on my behalf

by NAR staff.

NARA 's Regional Records System - General Overview
4. The Archivist of

the United States is responsible for the custody of all records
adequate facilities for the

transferred to NAR, and by statute is required to maintain

housing of

those records. 44 U.S.C. §§ 2108(a) and 2110. NAR currently maintains 21

regional facilities throughout the United States, in 13 states. These consist of two types

of facilities: regional archives and federal records centers. Regional archives house

permanently valuable records that have been transferred into NAR's legal custody, and
federal records centers store temporary and permanent records that are legally owned and

accessed by federal agencies. Federal agencies often possess indexes to the records to
facilitate their use of

the files, and until the records are transferred into NAR's legal

custody the nature (i.e., detail, scope, format) ofthe indexes may not be known to

NAR.
5. Given the enormous volume of federal records that exist, agencies may also
choose to physically store portions of

their non-active or semi-active records in a NAR

facility known as a "federal record center" ("FRC"). 44 U.S.c. § 3103 and 36 C.F.R.
Pars 1253-54. Each records center facility provides reference and other services to the

federal agency that owns the records, and, upon authorization by the owning agency, to

the public. NAR has physical custody of such records; however, the legal custody of
the records remains with the agency that transfers the records to the NAR records center
facility. In the normal course of

business, such records may be disposed of or

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transferred to the legal custody ofNAR (i.e., accessioned), subject to NARA and
agency approval, after all

legal retention requirements have been met. (In the case of

DOl records in NAR federal record centers, one or more administrative "freezes" are in
effect preventing the destruction of any DOl records across all sixteen existing record

groups.) See also infra, ir 17. As provided for in NAR regulations, agency record
schedules normally set out a future date (e.g., "after 30 years"), for the eventual transfer

of legal custody to NAR of an agency's records in an FRC which have been appraised
as "permanent" and therefore wil be retained forever. Usually, at the time of

transfer of

legal custody, such permanent records are moved from FRCs to either a NAR regional
or headquarters archival facility. Unless and until

legal custody has been transferred to

NAR, provision for access to records in FRCs is controlled by and is the responsibility
of

the agency that transferred the records. 36 C.F.R. 1254.8. In the normal course, once

NAR has obtained legal custody of records designated as permanent, such records are
open and available to the public at a NAR archival facility after processing (subject
only to any restrctions imposed by the transferrng agency).
6. In light of my principal duties and responsibilities for assisting in overseeing

NAR's regional records programs, i will generally limit my discussion to how the
proposed Order would affect NAR's regional archives in processing and working with

archival holdings throughout the United States. i wil also fuher discuss how we would
handle a Proposed Retention Order covering records in federal records centers.
NARA 's Storage of Regional Records Relevant To This Litigation

7. NAR's vast archival holdings include records in our Regional Archives
situated throughout the United States. Just as in the case of

headquarters archival

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records, federal records in the regional archives are arranged by the name of the

governent agency with which they are associated (e.g., the Defense Department
(formerly the War Department), the Treasury Department, the Governent
Accountability Office, the Department of Interior, etc.), and each of

these agencies has its

own bureaucratic filing system, none of

which are known to have been designed to

enable a search of records by the name of an Indian tribe. In consequence, with limited
exceptions described below, NAR regional archivists would not generally be able to
search records of all governent agencies under the search term "Navajo," to locate all

records relating to this tribe. Moreover, although, as described in more detail below,
many records related to the Navajo tribe would be expected to be found within the
Department of

Interior's (DOl) record groups, NAR's regional archivists are also aware
DOl that also might conceivably contain Navajo-related

of

many record groups outside of

records.
8. The records of the Departent of

the Interior (DOl) collectively comprise

sixteen record groups, including among others located in our regional archives, Record
Group 75 (records ofthe Bureau of

Indian Affairs (BIA)), Record Group 48 (Records of
the

the Offce of

the Secretary ofthe Interior (OST)), and Record Group 473 (Records of

Mineral Management Service). Many of

these NAR Record Groups potentially hold

extremely substantial quantities of archival records. For example, we estimate that there
are at least 43,345 cubic feet just of

Record Group 75 BIA records known and

cumulatively contained in NAR's regional archives which are dispersed across the
country, in 13 cities. Based on NAR's estimate that each cubic foot of

records contains,

on average, between 2000 and 3000 pages, this record group alone approximately

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contains between 117 and 167 milion pages of records. As

each location cares for the

original records pertaining to its respective region, except for any records that may have
been microfimed, no region has a NAR-generated copy of

the entire collection of

records that may relate to the Navajo trbe.
9. As a general matter, although NAR's collections of

records in each record

group more or less have existing documentation and finding aids associated with them,
which normally can be of

use to researchers in locating records related to the Navajo

trbe, NAR's regional offices neither have nor generate in the ordinary course of
business document-level indexes of

their collections sufficient to identify all records

relevant to the present lawsuit. Moreover, neither NAR's regional holdings, nor our
existing regional finding aids, can be said to be differentiated or segregated into what
constitute "trust" and "non-trst" records pertaining to either Indian affairs generally

or

Navajo-related records specifically. Accordingly, to make available to plaintiff all
inactive "Navajo Trust records," searches would have to be devised and conducted at
each of our regional archives according to ad hoc and highly variable filing systems

developed over the course of the past 100 or more years by all the pertinent governent
agencies involved. To the extent that the Proposed Retention Order contemplates that

NAR archivists would attempt to engage in isolating "trst" records relating to the
Navajo from the larger known or conceivable collections of

records groups containing

records relating to the Navajo tribe, the Order amounts to imposing an impossible burden
on this Agency's regional staff

to perform.

10. Given what might be on the order of

the tens or hundreds ofthousands of
to devote

hours involved, see ir 14, infra, requiring highly-trained NAR regional staff

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their time to a project of segregating trst from non-trust Navajo-related records would,

in my view, effectively mean shutting down the ability ofthe regional archival operations
of the National Archives of

the United States to perform the important mission of

providing reference services to the public at large. Such reference services include

providing guidance to individual citizens who personally visit NAR's various regional
facilities, or who wrte, e-mail, fax, or call us, seeking guidance as to where to locate

records in our vast collections. In FY 06, NAR regional staff handled 31,791 wrtten
reference requests. Also, staff of our National Personnel Records Center, which includes
a regional archives, researched and responded to over

one million written requests for

information in personnel fies (civilian and military). Most ofthese records are not
archived; however, a significant volume of

these records soon must be archived and

processed for public use. In addition to handling the above forms of reference requests,

NAR's regional staff also are actively engaged in processing and accessioning records,
performing preservation work on existing archival record collections, screening records
for privacy-related information and to ensure that only unclassified records are opened,

and developing and delivering educational outreach programs supporting the needs of

local educators and students. Each regional archives performs all archival functions with
less than a dozen staff members and managers, only a few of

which are trained archivists.

11. No less impossible is the task of

reliably segregating "all" records related to

the Navajo trbe for inspection by plaintiff, even without regard to a concern for their
"trst" or "nontrst" status. Records pertaining to the Navajo tribe -- but not indexed at

the document level-- are known to exist within the holdings of

the National Archives in

the following offices: National Archives--Southwest Region (Anadarko Area Offce;

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Chilocco's School Records; Concho Area Office); National Archives-Rocky Mountain
Region (Office of

Indian Affairs-Navajo Service; Northern Navajo Agency; Laguna

Sanatorium); National Archives-Pacific Region (Sacramento Area Office; Reno
Agency; Navajo Agency; Navajo Training School; Gallup Area Offce; Phoenix Area

Office; Western Navajo Agency; Eastern Navajo Agency; Chinle Sub-agency; Fort
Defiance Sub-agency; and Tuba City Sub-agency); National Archives-Pacific Sierra

Region (Portland Area Office). Many potential Navajo-related records within NAR's
archival collections ofBIA records are subsumed within a very large number of

more

generic categories, or series, including such categories as Central Classified Files,

Correspondence, Offce Files, School Records, Subject Files, Administrative Files,
Decimal Files, Employment Assistance Case Files, Employment Assistance Data Cards,
and Area Relocation Specialist Records. Adding to the complexity of

use issues, the

employment assistance and area relocations series named above must be handled
carefully respecting privacy issues.

12. As extensive as NAR's BIA archival holdings are, they represent only a
fraction of the universe of

record collections potentially containing Navajo-related

records. As alluded to above, NAR's regional archival collections also include Record
Group 48, Records ofthe Office of

the Secretary ofthe Interior (596 cubic feet), Record
the US. Geological Survey (1100 cubic feet), Record Group 79,

Group 57, Records of

Records ofthe US. Park Service, 1916-2005 (5919 cubic feet), Record Group 381,
Records ofthe Offce of

Economic Opportunity (191 cubic feet); Record Group 115,
the Indian

Bureau of

Reclamation (11,003 cubic feet), Record Group 435, Records of

Ars and Crafts Board (26 cubic feet), Record Group 95, Forest Service (6684 cubic feet),

7

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and Record Group 411, Records of

the Governent Accountability Office (124 cubic

feet). In sum, these regional collection amount to 25,643 cubic feet or approximately
between 51 and 77 million pages of records. Some of the record groups are known to
have substantial holdings of Indian records, and may well hold information about the
Navajo trbe; however, although some of

these record collections have isolated references

to the name Navajo, the majority ofthe records are neither indexed nor searchable under
the name Navajo. For such collections, a labor-intensive research effort would need to be

undertaken to review individual collections on a file-by- fie basis, to determine if records
related to the Navajo tribe existed.

13. For the foregoing reasons, the task of finding all or substantially all archival

records in NAR regional collections actually relating to the Navajo is simply not
possible without a close review of

what adds up to literally millions ofunindexed

records. NAR does not have either adequate staffng or resources to attempt to engage
in isolating or indexing these vast records collections.
14. As a purely hypothetical matter, based on the breakdown of

the estimated

time to review archival holdings contained in the Declaration of Stephen Tilley, I wil
estimate how long it would take to review and index

just the 43,345 cubic feet ofBIA

records held across all NAR regional archival facilities, for the purpose of isolating
Navajo-related records. Assuming 15 hours oflabor would be spent indexing one cubic
foot of

records, and assuming one labor year equals 40 hours per week for 50 weeks, to

index 43,345 cubic feet of

records would take 650,175 hours oflabor, or 325
their time

person/years oflabor. This equates to 20 archivists spending 16 'l years of

indexing, or 100 archivists spending a full 3 'l years of their time. Pulling 100 (or even

8

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20) staff members away from all of the other fuctions that NAR archivists perform to
index Navajo-related records would cripple this agency and be unfair and do serious
har to all of

the other competing priorities performed on a daily basis by NAR

regional staff.
NARA 's Federal Records Centers

15. NAR's Records Center holdings include records stored in the Federal
Records Centers situated throughout the United States. Agency records transferred to a

NAR records center remain in the legal custody of the agency that originally generated

or maintained the particular records at issue. NAR acts as the agency's agent in
maintaining those records. NAR is unable to disclose such records except to the agency
that maintains the record.
16. As is the case with the archival records, the records of the Department of

the

Interior (DOl) can be found in sixteen record groups, including Record Group 75, records
of the Bureau of Indian Affairs (BIA), Record Group 48, Records of the Offce of

the

Secretary of

the Interior (OST), and Record Group 473, Records of

the Mineral

Management Service. NAR's Federal Records Center in Lenexa, Kansas houses the
majority of the Record Group 75 holdings. Ofthe 160,000 cubic feet of

Record Group

75 records stored in Lenexa, all have some form of indexes. These indexes may be
helpful in identifying records pertaining to either Indian affairs or Navajo-related records,

but can not be used exclusively to locate all records relating to this trbe. The remaining
DOl records stored at the regional re?ords centers are not indexed. The task of finding all

or substantially all record center holdings in NAR regional records centers relating to
the Navajo is simply not possible without a close review ofthe unindexed records. The

9

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Department of the Interior (DOl) would need to provide staff and resources to attempt to

engage in isolating or indexing these vast records collections to meet the requirements of
the order.

17. Since 2002, at the request of other US. governent agencies, NAR has
placed and continues to administer an administrative freeze on the disposition (i.e.,

destruction) of all DOl records in NAR federal records centers as the result of litigation
in Cobell v. Kempthorne, 96CV01285 (D.D.C.). Other freezes on disposition of all or

some DOl records are in effect apart from the Cobell case. Under these freezes, even
records that otherwise could be disposed of

because all other legal retention requirements

have been met are being retained. Meanwhile, as noted infra, ir 19, and in the Declaration

of Steven Tiley, all archival holdings ofNAR are, by definition, permanently retained.
NARA 's Specifc Objections To The Proposed Record Retention Order

18. On NAR's behalf, i wish to lodge the following general objections to the
Proposed Record Retention Order as drafted.
19. First, any form of

"retention order" is completely superfluous with respect to

NAR's regional archival holdings, which by operation oflaw and by definition have

come into the legal custody ofNAR as records to be permanently retained by the
United States government. Accordingly, there is no reason for NAR's archival holdings
to be subject to paragraph l(a) of

the Proposed Order. In addition, for the reasons stated

supra, ir 17, a retention order is unnecessary with respect to DOl agency records in

NAR's Federal Record Centers that remain subject to one or more administrative
freezes on disposition.

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20. Second, NAR's founding and continuing public access policy, since the
Agency's inception in 1934 has been that our public reading rooms afford access to all of

our permanent archival holdings. As such, Navajo-related records that are contained in
various of

the above-referenced record groups generally are open and available for

research and copying by plaintiff s counsel in this litigation, just as they are to all
members of

the public. NAR objects to any requirement set out in a Court order that
to assume duties never before performed, including

would require NAR regional staff

isolating "trst" records on behalf of a private party, and/or engaging in wholesale
indexing of records collections over and above the specificity afforded by existing
finding aids. As a matter of

principle, this Court should not shift the burden to NAR's

regional staff

to perform highly intensive research for the benefit of one pary, given the

fact that all other members of the public wil suffer due to the diversion of staff resources
that will ensue. To the extent paragraph 3 of

the Proposed Order, and its subparagraphs,

purport to impose an additional burden on NAR staff to provide assistance to plaintiff
beyond what might be reasonably provided to a member of the public asking for
reference assistance, those portions of the Order should be deemed inapplicable to

NAR.
21. Third, for the reasons given above, the requirement in section 3( c) and
elsewhere that would impose a burden ofNAR regional staff

indexing Navajo-related

records must be stricken as simply impossible, given existing time and resources.

22. In lieu of the entry of the Proposed Order or its being made applicable to

NAR regional archival collections, I can represent on behalf ofNAR's regional staff
that NAR very much wishes to assist plaintiff in providing existing finding aids that

11

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deal primarily with records relating to the Navajo and other Indian trbes, so as to work
with plaintiff and its representatives in an effort to find and review as many Navajorelated trst records as possible. We stand willing to work with plaintiff on a voluntary

basis in assisting in the collection of evidence during the discovery phase of

the present

lawsuit.

23. In sum, the Proposed Retention Order potentially would cripple NAR's
regional archives' ability to perform its important mission to US. citizens, by hugely

diverting scarce staff resources for an indexing enterprise of vast dimension, but

uncertain utility and result, in any reasonable time frame. The Proposed Order would
also impose unprecedented burdens on this agency to the extent it requires the isolation or
segregation of particular types of records otherwise fully open and available to the public,

merely on behalf of a party in fuherance of litigation. On behalf of the regional staff of
this Agency, I urge the Court to strike any provisions of

the proposed Order that it would

have a deleterious effect on NAR and its regional staff.
I declare under penalty of peijury that the foregoing is true and correct.

/~~

GREG RY OMICTER

Executed on this ~ day of June, 2007

12

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Exhibit 36

Case 1:06-cv-00945-FMA

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UNITED STATES COURT OF FEDERAL CLAIMS NAVAJO NATION, f.k.a. NAVAJO TRIBE OF INDIANS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-945 L

_______ ORDER _______ Based upon the briefs filed in this case concerning Plaintiffs' Motion for Entry of Record Retention Order, IT IS ORDERED: 1. General Obligation to Preserve. During the pendency of this litigation or until further order of the court, defendant, its agencies, and its employees must take reasonable steps to preserve every document, data, or tangible things in its possession, custody or control, containing information that is relevant to, or may reasonably lead to the discovery of information relevant to, the subject matter involved in the pending litigation. Plaintiff is reminded that it also has a similar duty to preserve evidence relevant to this case. Compliance. Defendant shall establish a mechanism for monitoring compliance with this order and, on or before April 19, 2004, file a status report with the court describing that mechanism. Defendant's counsel shall immediately notify this court if, at any time, they become aware of a violation of this order (e.g., the destruction or loss of documents). Definitions. For purposes of this order: (a) "Documents, data and tangible things" is to be interpreted broadly to include writings; records; files; correspondence; reports; memoranda; calendars; diaries; minutes; electronic messages; voicemail; E-mail; telephone message records or logs; computer and network activity logs; hard drives; backup data; removable computer storage media such as tapes, disks, and cards; printouts; document image files; Web pages;

2.

3.

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databases; spreadsheets; software; books; ledgers; journals; orders; invoices; bills; vouchers; checks; statements; worksheets; summaries; compilations; computations; charts; diagrams; graphic presentations; drawings; films; charts; digital or chemicals process photographs; video; photographic tape; or digital recordings or transcripts thereof; drafts; jottings; and notes. Information that serves to identify, locate, or link such material, such as file inventories, file folders, indices, and metadata, is also included in this definition. (b) "Preservation" is to be interpreted broadly to accomplish the goal of maintaining the integrity of all documents, data, and tangible things reasonably anticipated to be subject to discovery under RCFC 26,45, and 56(e) in this action. Preservation includes taking reasonable steps to prevent partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, migration, theft, or mutation of such material, as well as negligent or intentional handling that would make material incomplete or inaccessible.

4.

Further Instructions; Modification. Either party may apply to the court for further instructions regarding, inter alia: (a) defendant's obligation to preserve specific categories of documents, data, or tangible things; (b) any aspect of the inspection or indexation tasks not herein clearly defined; and © allotting copying costs and maintaining the confidentiality of information contained in various records. Recognizing that the parties may perceive better ways of accomplishing the purposes of this order, the court notes that joint motions to modify any of the procedures listed herein will likely be received favorably. Dissemination. This order shall be distributed by defendant to all relevant agencies, departments, offices, divisions, and individuals.

5.

____________________________ Francis M. Allegra Judge

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Exhibit 37

Case 1:06-cv-00945-FMA

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ELOUISE PEPION COBELL, et ffL, )

Plaintiffs, )

v. )
THORNE, Secretary of The Department of

)

)

DIRK KEMP

Defendants. )

et aI., )
the Interior, )

)

Case No.1 :96CV01285 (Judge Lamberth)

)
)

NOTICE OF FILING OF THE TWENTY-EIGHTH OUARTERLY REPORT
FOR THE DEPARTMENT OF THE TREASURY
the Treasury has prepared its Twenty-Eighth Quarterly Report on
the Treasury to Retain 11M-Related Documents Necessary

Actions Taken By the Department of

For an Accounting and submits it to the Court in accordance with this Court's Order of
December 21, 1999.
A copy of

the report is attached hereto.
Respectfully submitted,

Dated: December 1,2006

PETER D. KEISLER Assistant Attorney General STUART E. SCHIFFER Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director
/s/ John 1. Siemietkowski ROBERT E. KIRSCHMAN, Jr. (D.C. Bar No. 406635) Assistant Director JOHN 1. SIEMIETKOWSKI Trial Attorney Commercial Litigation Branch Civil Division
P.O.

Box 875

Ben Franklin Station Washington, D.C. 20044-0875

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Phone (202) 514-3368
Fax (202) 514-9163

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CERTIFICATE OF SERVICE
I hereby certify that, on December 1,2006 the foregoing Notice of Filng of Twenty-Eighth Quarterly Reportfor the Department of

the the Treasury was served by Electronic

Case Filing, and on the following who is not registered for Electronic Case Filing, by facsimile:

Earl Old Person (Pro se)
Blackfeet Tribe

P.O. Box 850 Browning, MT 59417 Fax (406) 338-7530

Isl Kevin P. Kingston Kevin P. Kingston

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tfii
~mó'''

:~ ~:i ItYw- ~r
~Jr~);~~

DEPARTMENT OF THE TREASURY
BUREAU OF THE PUBLIC OEBT WASHINGTON. DC 20239-0001

December 1, 2006

MEMORANDUM FOR:

PETER D. KEISLER ASSISTANT ATTORNEY GENERAL CIVIL DIVISION OF JUSTICE U.S. DEPARTMENT

FROM:

PAUL G. WOLFTEIC~ J
CHIEF COUNSEL Ttl/// BUREAU OF THE PUBLIC DEBT DEPARTMENT OF THE TREASURY

SUBJECT:

TWENTY-EIGHTH QUARTERLY REPORT
COBELL v. KEMPTHORNE

Included with this cover memorandum is the "Twenty-Eighth Quarerly Report on the Treasury to Retain IIM-Related Documents Necessary for an Accounting" (the Report). The Report has been prepared by the
Actions Taken by the Deparent of

Deparment of the Treasur pursuant to the Cour Order and Opinion in Cobell v. Babbit

(D.D.C. CV No. 96-1285), fied December 21, 1999.
The Report includes information concerning the Financial Management Service ("FMS"),

the Bureau of the Public Debt ("BPD"), and certin Deparental Offces ("DO"). The
Report was prepared based on information provided by a number of program offices from the Report included circulation of the above~described organizations. The preparation of drafts of the Report to program offices that are responsible for the actions described in
the Report. Comments were received from those offces and incorporated in the Report.

Senior offcials of FMS, BPD and DO reviewed the Report before it was submitted to the Deparent of Justice.

The Department of the Treasur stds ready to respond to any questions or concerns the Court may have after reviewing the Report.

www.treasurydirect.gov

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TWENTY-EIGHTH QUARTERLY REPORT ON ACTIONS TAKEN BY THE DEPARTMENT OF THE TREASURY TO RETAIN IIM-RELA TED DOCUMENTS NECESSARY FOR AN ACCOUNTING
Cobell, et at. v. Kempthorne December 1, 2006

This is the Department of the Treasury's ("Treasury") Twenty-Eighth Quarterly Report, pursuant to the Court's December 21, 1999 Order ("Order") in the abovecaptioned case. It covers activities occurring over a three-month period from September 1,2006 through November 30,2006. The Order requires Treasury to report on the steps it has taken since the last quarterly report to rectify a single breach of its trust responsibilities, namely the destruction of IIM trust materials after their age exceeded six years and seven months. Cobell. et aI. v. Babbitt, 91 F.Supp. 2d 1,50,59 (D.D.C. 1999).
Treasury continues to preserve IIM-related documentation pursuant to the Court's August 12, 1999 Order, which defines the trust records that Treasury must retain.

The Federal Reserve Bank of St. Louis (FRB) notified Treasury that 37 boxes of records dating from 2003, 2004 and 2005 were not located during an inventory. Thirtyfour of these boxes contain only "tracing" information used in sorting and processing Treasury checks, which (if needed) could be recreated from the endorsement stamps on the checks themselves, assuming the endorsements are legible. The remaining three boxes contain "control" information used in balancing Treasury checks and adjusting outof-balance Treasury checks. Some of the information in the three "control" boxes may

not be available from other sources, but the information should no longer be needed for any adjustment purposes because of the passage of time.
As reported in Treasury's Twenty-Seventh Quarterly Report filed September 1, 2006, several boxes of FMS and Bureau of the Public Debt (BPD) records were affected by a water sprinkler incident at the Washington National Records Center (WNRC) in July 2006, and the National Archives and Records Administration (NARA) sent the boxes to a contractor to be freeze-dried. As of the date of this report, some of the records have been dried and returned in good condition to the WNRC. NARA has informed FMS and BPD that it may take several more months for the contractor to dry the remaining records and return them to WNRC.

As also reported in Treasury's Twenty-Seventh Quarterly Report, a portion of FMS' working copy set of microfilm copies of negotiated Treasury checks was exposed to water when the basement of FMS' Hyattsvile, Maryland office flooded on June 25, 2006. The water exposure is believed to have affected the quality of the check images on at least portions of some of the water-exposed microfilm cartridges. FMS packed the water-exposed cartridges into boxes (numbering approximately 200 boxes) and moved them to a secure area on the first floor of FMS' Hyattsvile, Maryland office. FMS sent sample cartridges to a contractor for assessment, and expects to receive the contractor's written assessment report before the end of this year. Throughout the reporting period, FMS packed all of the non-water-exposed cartridges into boxes at FMS' Ardmore,

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Maryland warehouse and began processing those boxes (numbering approximately 1,000 boxes) for shipment to the WNRC for storage. As of the date of this report, one-third of the non-water-exposed microfilm cartridges have been shipped to the WNRC.
As previously reported in Treasury's Twenty-Third Quarterly Report, filed September 1,2005, all digital check images and associated index data were successfully archived (moved) from the predecessor National Archive System (NAS) library at the Boston FRB to the new Image Services System (ISS) library at the Minneapolis FRB, in August 2005. The FRB has confirmed that the images and data on NAS storage media (consisting of approximately 3,000 tapes) are now merely redundant of the images and data moved to the newer storage media utilized by ISS (disks and magnetic tapes). In particular, the FRB confirmed that, of the 1.97 bilion digital check images moved to ISS, 99.99% of the images are retrievable in ISS (i.e., are not defective). Further, the FRB confirmed that any images that are defective in ISS were likewise defective in NAS. The images in ISS are of Treasury checks negotiated in April 1997 or later, for which time period both original negotiated Treasury checks and electronic check data are generally available. FMS wil authorize the FRB to destroy the 3,000 NAS tapes at the end of this year.

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Exhibit 38

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Status Report to the Court
Number Twenty-Three
For the Period July 1, 2005 through September 30, 2005

November 1, 2005

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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

TABLE OF CONTENTS
I. INTRODUCTION ................. .......... ........ .......... ....... ..... ... ....... .... ...... ............ ..... .... ........... 1

II. SECRETARY GALE NORTON'S OBSERVATIONS................................................. 2
A. INFORMTION TECHNOLOGy..... ..... ... ......... ........ .......... ..... ......... ...... ...... .............. 4
B. CADASTRAL SURVEY. ......... ............... ........... .................... ..... ...... ............... ..... ......... 13

C. MINERALS MANAGEMENT SERVICE .................................................................. 15

D. OFFICE OF mSTORICAL TRUST ACCOUNTING ...............................................16
III. OFFICE OF THE SPECIA TRUSTEE FOR AMERICAN INDIANS................... 19
A. TRUST REVIEW AND AUDIT .................................................................................... 21

B. OST-OFFICE OF THE CHIEF INFORMTION OFFICER................................... 23
1. RECORDS MAAGEMENT... ....... ...... ......... ....... ......... ................ ..... ...... ....... ......... 23
C. TRUST ACCOUNTABILITY. .......... ..... ..... ...... ..... .......... ....... .............. ........... ..... .... .... 26

1. TRUST BUSINESS PROCESS MODELING........................................................ 26
2. TRUST DATA QUALITY AND INTEGRITy....................................................... 28

3. INDIAN FIDUCIARY TRUST TRANING PROGRA ....................................30
4. RISK MANAGEMENT... ................. ..... ........... ...... ........ ....... ...... ...... ......................... 32

5. REGULATIONS, POLICIES AND PROCEDURS.............................................. 33
D. FIELD OPERATIONS ......... ... ...................... .............. ........... ........... .... ..... ...... ...... ..... ... 35
1. APPRAISAL................................................................................................................ 35

E. TRUST SERVICES ..... ............ ............. ....... ........................... .......... ....... ........... .... ........ 38

1. CURRNT ACCOUNTING ACTIVITIES ............................................................38

IV. BUREAU OF INIA AFFAIRS .................................................................................43
A. TRUST REGULATIONS, POLICIES AND PROCEDURES ................................... 43
B. FRACTIONATION......................................................... ............................................... 45
C. PROBATE...................................................... ................................................................. 47
ACRONYMS AN ABBREVITIONS.. ............. ..................... ...... ............. ........... ............ .... 49

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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

Information Technology

A. INFORMTION TECHNOLOGY
Introduction
This section describes the status of Interior IT systems, particularly the systems that house or provide access to IITD or provide various computing capabilities, including functions critical to
the proper administration of the individual Indian trst responsibilities within Interior. In

addition, this section describes various efforts being made to improve IITD security within Interior, pursuant to OMB Circular A-130 Appendix II, and the status ofInternet connectivity.
Accomplishments and Completions

Computer Security:

Interior continues to make progress in ensuring IT security. A primary focus for this reporting period has been implementing corrective actions for weaknesses identified by the Interior penetration tests and audit of financial systems. Additional efforts were focused on:
. Performing continuous monitoring ofInternet-accessible systems;

. Preparing submission of the annual FISMA report;
. Conducting annual IT security awareness and role-based trining;
. Submission of annual assurance statements required to complete the annual PAR; and,

. Continuing to validate and improve the C&A packages completed previously.

The most noteworthy accomplishments and completions during the reporting period are described below.

Prevention and Monitoring
. Interior continued its extended vulnerability scan testing of Internet-accessible systems. The
extended testing checks for approximately 7,400 different tyes of to the SANS Top 20 vulnerabilities of

vulnerabilities, in addition previous testing. Since the last reporting period, Interior tested over 5,000 Internet-accessible network devices (for example, servers, routers,
switches.) Initial results from January to April

2005 indicated over 5,000 potential

this reporting period, potential vulnerabilities were substantially reduced. This reduction results from routinely scanning network devices for potential vulnerabilities and working toward correcting or mitigating identified weaknesses. 121 vulnerabilities remained and continued
vulnerabilities, but included many false positives and duplications. By the end of

to be mitigated as of the end of the reporting period.
. Potential incidents that were reported to DOI-CIRC during this reporting period include 22

successful incidents. None appears to have resulted in any known compromise ofIITD. Successful incidents are those that were not prevented or blocked by Interior at the time of their occurrence.

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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

Information Technology

. OIG completed a FISMA documentation review for OST, with no deficiencies noted during the review. The draft or final report has not been received.

. BLM conducted two significant, separate table-top contingency exercises of MAs and the enclave GSS. BLM conducted an exercise of the ALIS contingency plan on August 9,2005. Multiple other MAs participated in a contingency plan exercise on September 14, 2005.
. As reported to the court on September 2,2005, a limited amount ofIITD was discovered in

BLM's LR2000 database on August 18,2005. Internal access to LR2000 was immediately blocked. A data quality review was conducted by BLM. All IITD was removed from LR2000. The security module was modified to include access disclaimers requiring users to refrain from using LR2000 for any Indian trst-related work. Additional scans were completed on August 24,2005. BLM's DAA approved access restoration on an internal basis as of August 26, 2005.

. MMS conducted monthly network vulnerability scans on internal servers and network devices. Due to the hurrcane impacts to the Gulf of Mexico, including severe damage to MMS facilities, limited remediation occurred for the August and September scan results. The tracking system in New Orleans was not restored until after the end of the reporting period.
. As reported to the Court on August 25, 2005, MMS detected an unauthorized change of an

administrator password on the MRMSS externally-hosted portl in August 2005. The incident is stil under investigation with the OIG and FBI. Based upon the investigation to date, there is no reason to believe the integrty of any data was compromised. Changes have been made to increase event monitoring at both the perimeter firewalls and application. Security scans of the application have been conducted, additional scans are scheduled. Final security scans and a security review are expected to be conducted by an independent third
part contractor.

. NBC initiated remediation activities to address vulnerabilities identified in the second OIG penetration testing conducted on NBC systems in July. Personnel data was accessed, in the course of testing NPS systems. Immediate action was taken on critical vulnerabilities and NBC continues to track progress of remaining tasks from both penetration testing exercises.

Policies and Guidance
. The Interior CIO issued OCIO Directive 2005-012, "Wireless Network Security," to the
bureau and office chief

information officers on July 29,2005. This directive outlines the security requirements for wireless networking devices within Interior and requires adherence
to "Wireless Security Technical Implementation Guide," Version 2.0, July 21,2005. The

CIO also approved the "DOI Wireless Data Communications Strategy" on August 3,2005.

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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1,2005

Information Technology

· The Interior CIO issued a memorandum, "Implementing OCIO Directive 2005-007 for 4th

Quarter Plans of Action and Milestones (POA&M) and 4th Quarter Federal Information
Security Management Act (FISMA) Performance Measures," to the heads of

bureaus and

offces on August 18,2005. This memorandum provides guidance in completing POA&Ms

and FISMA performance measures in accordance with OMB requirements and Interior OCIO Directive 2005-007.
· The Interior CIO issued a memorandum, "External Vulnerability Scans - MCI Service," to

bureaus and offces on September 12, 2005. This memorandum outlines the vulnerability scanning program conducted by MCI. It requires bureaus to address systems with critical vulnerabilities first, and to isolate from the Internet vulnerable systems or services until the issue can be resolved, if the vulnerabilities can not be immediately remediated or identified as false positives.
the Deputy Secretary, assistant secretaries and heads of · The Interior CIO issued a memorandum, "Temporary Approval of

Wireless Technologies Waiver Requests to Support Emergency Efforts," to the assistant secretaries and heads of
conditions regarding the use of

bureaus and offces on September 23,2005. This memorandum provides specific criteria and
wireless networks to enable efficient implementation of

wireless technologies or access to non-Interior provided the Federal National Response Plan.

· The Interior CIO issued OCIO Directive 2005-015, "Information Technology (IT) Audit
Findings and Corrective Actions," to the heads of

bureaus and offces on September 26,

2005. This directive supplements existing policies and guidance to improve the overall quality of IT audit findings and responses.

Training and Awareness
· Overall, 98% of Interior employees and contractors who use or access Interior computer

systems completed the Interior FY2005 required annual end user Federal information systems security awareness training. 66% of employees with significant IT security responsibilities received specialized training, as described in NIST Special Publication 80016 Information Technology Security TrainingRequirements: A Role- and PerformanceBased Model.

· All required BLM, MMS, SOL, OHA, Office of

the Assistant Secretary - Indian Affairs employees and contractors completed the end user training. 98% of the required OST employees and contractors completed the Interior FY2005 annual training. 97% of BIA staff completed the training. The remaining BIA staff who did not receive training (289 Indian Education employees) do not require computer access, or left BIA employment prior to the reporting deadline.
the Secretary and Office of

· The BLM, MMS and OHA employees and contractors with significant IT security

responsibilities received specialized training. 97% of Offce of the Secretary, 66% of

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November 1,2005

Information Technology

SOL and 58% ofOST employees with significant IT security responsibilities received specialized training
· In September 2005, the Deputy Assistant Secretary - Indian Affairs/CIO sponsored three

workshops on recent and evolving NIST security requirements, specifically covering FIPS 199 and NIST SP 800-53 guidance for system characterization and for selecting appropriate security controls. A total of 50 BIA and other Interior bureau staff (including both Federal employees and contractors) attended the three sessions offered.
· The quarterly Fall

2005 MMS Information Security Awareness Newsletter was distrbuted to MMS employees and contractors on September 23, 2005, to keep users abreast ofIT security issues.

Plans of Action and Milestones:
Interior tracked 1,730 POA&M recorded weaknesses, of which 529 weaknesses were identified this quarter and 1,201 (reported incorrectly in the previous status report as 1,206 due to a data transposition error) weaknesses were cared over from the third quarter. Interior remediated and closed out 416 weaknesses this quarter. Interior is currently trackig 1,314 open weaknesses.

All bureaus and offices with trst systems certified the completion of POA&M corrective actions.

A-130 Certification and Accreditation:
Ninety-eight percent ofInterior systems have full authority to operate (A

TO) status. The C&A packages for all of those systems have been reviewed by a qualified third part for compliance with A-130 standards and requirements. 74% ofthe reviewed packages received passing scores. C&A packages that had not met minimum compliance review scores on initial reviews continue
to be improved.

OST completed an update of its IT contingency plan, its disaster recovery plans for 5 minor applications running within OSTNet, and its SSP for OSTNet. OST updated its ST&E Guide for
OSTNet to incorporate FIPS 199 and NIST SP 800-53 requirements. OST evaluated OSTNet using the updated ST&E, which resulted in an update to the OSTNet risk assessment. OST

conducted a table-top disaster recovery and continuity of operations exercise.

Due to the recent implementation of Active Directory and new security controls, ORA initiated a re-certification and accreditation ofOHANet. As part of this process, OHA validated the information tyes, information security categorization, and corresponding system characterization.
SOL completed its first C&A and received full authority to operate SOLNet.

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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1,2005

Information Technology

IT Systems Architecture:
Interior completed a Departental Solution Development Life Cycle document, which more

tightly couples EA, CPIC, and security requirements during development or acquisition of IT systems.

EA is dynamic. As systems are deployed and others are decommissioned, the architecture changes. Therefore, the updating, population and maintenance of the DEAR is a continual process that occurs every quarterly reporting period. Bureaus are required to keep the repository
accurate and current.

DOl Land and Resource Management System (DLRM
As previously reported, the DLRM system is expected to provide a long-term solution for the legacy functionality oftheCGI leasing softare module, formerly a part of the TAAMS project. A pre-solicitation notice for DLRM was published on August 21,2005, but the solicitation was subsequently cancelled. In order to go forward with the project, functional requirements for all Interior land and resource management mission areas need to be validated to define a comprehensive enterprise capability and funding strategy.
ESN:
· MMS completed the connection to the ESN Internet gateway for the Herndon, VA, and

Denver offices this reporting period. The New Orleans Regional Office was connected to ESN in mid-October, having been delayed due to the recent hurrcanes in the Gulf.
· NBC, NPS and OSM were connected to the ESN Internet gateway this reporting period.

Current Status
ZANTAZ
· ZStage refers to a ZANT AZ softare indicator which shows whether an e-mail message has

been properly processed. Interior addressed the ZStage issue in a September 11, 2005, filing and at a September 15,2005, status conference.
· During this reporting period, OST discovered a limited processing problem identified by

reviewing ZStage data and took steps to mitigate it. OST is expecting to send 160 tapes to ZANTAZ to recover missing data from February 19,2005, to September 8, 2005. OST engaged an independent third part contractor to conduct a complete review of the OST electronic mail environment, identify any ZANT AZ issues or problems, and develop corrective actions. Receipt of analysis reports and corrective actions plans is pending.
· NBC determined that the incident discovered on June 21, 2005, noted in the previous reporting period, will require 419 back -up tapes to be sent from DC to ZANT AZ fQr

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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

Information Technology

processing. The incident covered the period of August 28, 2004, through August 13, 2005,

when a fix was implemented. NBC Denver has not yet resolved the incident, but estimates 46 back-up tapes will need to be sent for processing.
. On October 7,2005, SOL's configuration was corrected by ZANTAZ. All messages are now

going to the Digital Safe. SOL expects to send 96 tapes to ZANAZ to recover missing data
from February 22,2005 to October 7,2005.
· BIA expects to send 280 backup tapes to ZANTAZ to recover missing data from October 25, 2003 through January 27,2005. Tapes covering earlier periods were previously sent to

ZANTAZ (the last tape processed by ZANTAZ was on October 24,2003, which included the Juneau server.)
. Tape delivery and subsequent restoration cannot proceed until Interior has completed its

contract negotiations with ZANTAZ. Accordingly, the OCIO cannot at this time estimate a the tapes to ZANTAZ. date for the delivery of

Reports:
These reports are likely to be of interest to the Court, including several that were issued
following the end of

this reportng period.

· Interior anticipates filing the FISMA report and the OIG annual evaluation with the Court in

the near future.
· OIG issued The Department of Security Weaknesses, Report

the Interior's Process to Manage Information Technology No. A-EV-MOA-0001-2005, on September 23,2005. OIG

recommended that Interior declare a material weakness with respect to the POA&M process based on its review ofPOA&Ms from September and November 2004. OIG sampled 133 corrective actions that were reported as having been completed, and opined that 48% of those actions had not been implemented to his satisfaction.
As noted in this OIG report, the CIO concluded that Interior's existing POA&M process is adequate, and that the OIG assessment ofPOA&Ms was based on reviews conducted early in FY2005 and did not reflect subsequent improvements implemented to correct noted issues. These improvements included requiring additional verification and validation of completed corrective actions. For each quarterly POA&M submission, bureau and office CIOs review the completed POA&M corrective actions, and attest to their implementation prior to noting the action as closed on the POA&M.

. OIG, through its contractor, was unsuccessful in its efforts to penetrate the MMS systems.
OIG Report NSM-EV-MMS-0021-2005 MMS Penetration Testing noted that no significant

vulnerabilities were discovered that would allow penetration into MMS networks or

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REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

Information Technology

unauthorized access to information. MMS is reviewing the final report for inclusion of identified weaknesses on the POA&M.
· As reported to the Court on September 28,2005, OIG issued the results of

its Phase 3

penetrtion testing on September 6,2005. Phase 3, conducted between May and mîd-August 2005, included penetration testing on FWS, NPS and OSM. The report also included the completion ofBOR National Critical Infrastrcture Information Systems reviews. Phase 3 test results show that OIG was not able to penetrate FWS and OSM, but that a penetration of NPS allowed testers to traverse to NBC's systems without detection. OIG also found that "the SCADA systems are operating in relative safety from potentially catastrophic cybersecurity threats."
· GAO issued "Information Security: Weaknesses Persist at Federal Agencies Despite Progress

Made in Implementing Related Statutory Requirements" (GAO-05-552). This report is based
on agency reports ofFY2003 and FY2004 and related GAO reports from FY2003 through FY2005. Although it notes that the governent is making progress in implementing FISMA,

it finds pervasive weaknesses in information security policies and practices across all major agencies. As this report assesses the challenges in implementing IT security progrms governent-wide, it mayor may not be of interest to the Court.
Delavs and Obstacles

There are many challenges that must be addressed regarding the integration, performance, funding, security, and data integrty ofIT systems generally. Like other federal agencies, Interior must address these challenges for its IT systems. Interior initiated or completed steps to address some of the challenges reported in this and previous reportng periods. However, delays and obstacles listed here impede progress in achieving Interior's IT management goals:

Hurricane Katrina
· Hurrcane Katrna has had severe impacts on resources. Key staff members for MMS IT
security are based out of

the New Orleans office, and were unable to work or only able to

work sporadically since the event. MMS temporarily shut down its computing facility in

New Orleans. This facility will be restored to service as soon as conditions warrant and
resources are available. Essential systems have been relocated and/or restored at other MMS

sites and are available. A temporary office was established in Houston that may operate for these efforts demonstrated the workability of the MMS business continuity plan.
up to one year. The results of

Litigation
· Collection and production of documents and court appearances continued to place significant

strain on available staff and contractor resources throughout much of this reporting period, resulting in substantial delays in accomplishing planned and required work. The extent of the effort required for this document production resulted in significant backlogs and
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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

Information Technology

rescheduling that will hamper Interior's efforts for months to come. Production of documents has exceeded 4.5 milion pages. This litigation continued to impact:
o FISMA compliance actions o Interior's financial audit

o OMB and Congressional reporting requirements
o Migration to a single e-mail messaging system
o Migration to a single Active Directory system

o Complying with HSPD-12 for implementing E-Authentication in Interior o Delay in moving Interior bureaus and offices to a single WAN

o Updating Interior policies to fully comply with issued guidance and regulations
· Employee fears about becoming personally implicated in the CobeUlitigation continued to be

heightened as individuals from varying levds in Interior were required to testify at the evidentiary hearing. These fears continue to undermine communication and decisionmaking, and along with burn-out from demands for volumes of document production, are contrbuting factors to low employee morale.

Staffng
Interior is experiencing high staff and management turnover in critical IT positions, particularly
IT security. For example, the Departent's Chief Information Security Officer resigned on

October 11, 2005. Resulting impacts to communication, efficiency, and oversight are impeding
IT security service area functions.

Funding and Resources

· Considerable expense was incurred as a result of collecting and producing over 4.5 million

pages of material for the litigation. This expense diminished the funding available for security improvement and program evaluation.
· With the significant increase in FISMA reporting required by OIG, the resources (time,

personnel, and funding) provided for IT security-related astivities were diminished. Interior continues to prioritize its FISMA needs in its budget requests within fiscal constraints.
· Funding availability wil continue to dictate the timing of IT-related initiatives. Interior's FY2006 budget wil require managing a variety of IT -related requirements and trdeoffs.
Denied Internet Access

· Several Interior bureaus and offices (BIA, OHA, OST and SOL) have not been permitted by

the Court to have Internet access since December 5, 2001. Lack of Internet access impedes work processes and the ability to communicate effectively, both internally and externally. For example, lack of connectivity hampers internal communication among bureaus providing customer service to individual Indians at PIMO located in the BLM Farmington Field Office.

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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

Information Technology

. Maintaining security on internal systems is more difficult without access to the Internet for research, reporting, and patch management. Similarly, promulgation of policy and training is substantially hampered by the lack of interconnectivity and Internet access.

Assurance Statement
I concur with the content of the information contained in the Information Technology section of the Status Report to the Court Number Twenty-Three. The information provided in this section is accurate to the best of my knowledge.
Date: October 31, 2005

Name: Signature on File W. Hord Tipton Interior Chief Information Officer

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STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

Records Management

B. OST-OFFICE OF THE CHIEF INFORMTION OFFICER

1. RECORDS MANAGEMENT
Introduction
The Office of Trust Records was established in 1999 to develop and implement a program for the
economical and efficient management of

trst records, consistent with the 1994 Act, the Federal

Records Act and other statutes and implementing regulations. The OTR records management progrm has been developed and implemented, and continues to evolve, to ensure that necessary Indian records are maintained, records retention schedules are consistent with retention needs, and records are safeguarded throughout their life-cycles.
As reported in the Status Report to the Court Number Eleven, the line authority for supervision
and management of OTR was vested in the Assistant Deputy Secretary by the Deputy Secretar

by memorandum dated September 5, 2002. On September 30, 2005, the memorandum was rescinded by the Associate Deputy Secretary. Accordingly, effective October 1,2005, OTR reports to the ChiefInformation Officer, OST, in accordance with the
pertinent provision of

the Departental ManuaL.

Accomplishments and Completions

American Indian Records Repository
Approximately 122,420 indexed boxes are located in the AIRR as of period. As previously reported, OTR has historically reported the number of the end of

this reporting
boxes transferred to

AIRR for storage. However, NARA uses cubic feet as the measure for records stored. Thus far, NARA reports that they are currently storing 128,790 cubic feet of indexed inactive records at AIRR. Some boxes are larger than one cubic foot (e.g., map boxes).

Records Indexing Project
Indexing of approximately 124,325 boxes has been completed as of the end of this reporting period. The number of completed boxes (indexed and quality reviewed) differs from the number of boxes stored at AIRR because not all completed boxes were sent to AIRR from the Annex
before the end of

the reporting period.

inactive records were moved from BWOST field locations to the Lenexa Annex for indexing during this reporting period. Once indexed, these boxes will be
Approximately 6,745 boxes of

stored in the AIR.
As previously reported, the electronic BISS was classified as a Privacy Act system ofrecords by Interior. The Privacy Act notice for this system was published in the Federal Register on

23

Case 1:06-cv-00945-FMA

Document 19-12

Filed 06/21/2007

Page 40 of 55

STATUS REPORT TO THE COURT NUMBER TWENTY-THREE

November 1, 2005

Records Management

July 29,2005. The notice provided tha