Free Status Report - District Court of Federal Claims - federal

Case 1:06-cv-00934-FMA

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Case 1:06-cv-00934-FMA/J'vCHr/^S AND 25-18 Document RECOIT^S Filed 12/26/2007 NATIONAL .ADMINISTRATION

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NARA NOTICE
Date: To: Subject:

DEC 2 0 2007
Office Heads, Staff Directors, ISOO, NHPRC, OIG Update on Holds on NARA Operational Records Relevant to "Tribal Tmst" Lawsuits

This notice is to inform you that records preservation orders have been issued by the U.S. Court of Federal Claims in two cases captioned The Kaw Nation of Oklahoma v. US., and Quechan Tribe of The Fort Yuma Indian Reservation, respectively. For a copy of the orders in these cases, please go to the Tribal Tmst Cases page on NARA(gwork, and click on the name of the case in the Case Listing. All NARA staff are therefore reminded to preserve relevant records and information for these and all other cases across the board, for all tribes currently pursuing tribal tmst claims, regardless of whether a specific records retention order has been issued. A list of all such known tribal tmst cases may be found on the Tribal Tmst Cases page on NARA(^work. This page also contains detailed instmctions on how staff members should preserve such relevant records. Questions regarding this continuing obligation may be directed to Assistant General Counsel Jean Whyte, in NARA's Office of General Counsel, who can be reached by telephone at 301-837-2926. Regarding Department of the Interior (Dol) records in NARA's custody, contact: 0 NW staff- Sharon Thibodeau at 301-837-3047. 0 NR staff- Greg Pomicter at 301-837-2063 or David Weinberg at 301-837-3115. Thank you for your compliance with these Court orders.

MARTHA MORPHY U Assistant Archivist for Information Services

For questions on this notice contact: Richard Marcus, NHR [email protected] Room 2350, All Phone: 301-837-1942 Fax: 301-837-0871

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Tribal Trust Cases
In 2004 and again in 2005, records hold notices were issued alerting NARA staff to their obligations to preserve relevant operational records with respect to two tribal trust lawsuits: Jicanlla Apache Nation and Pueblo of Laguna. Recently, additional lawsuits involving other named tribes have been filed that also require the issuance of records retention orders. There are at present over 100 tnbal trust lawsuits filed in various courts which may result in additional retention orders being issued over the coming months and for the foreseeable future Because of this possibility, a blanket notice (NARA Notice 2008-046) has been issued that informs all staff members of their duty to preserve relevant records for all tribal trust cases. It also provides specific instructions as to how to preserve these records. Below IS a list of all current tnbal trust lawsuits Those suits where an order has already been issued requiring records retention have hyperlinks to the specific records retention order issued by the court. As additional records retention orders are issued or additional lawsuits are filed, NARA notices will be issued to that effect and the list below will be updated. Questions regarding this continuing obligation may be directed to Assistant General Counsel Jean Whyte, in NARA's Office of General Counsel, who can be reached by telephone at (301) 837-2926

Case Listing (December 5, 2007 version)
A - G IH- M IN- S IT-Z Alabama-Quassarte Tnbal Town v Kempthome Ak-Chin Indian Community v United States Assiniboine and Sioux Tnbes of the Fort Peck Indian Reservation v. Kempthome [Eastern] Shoshone Indian Tnbe of the Wind River Reservation, Wyoming v. United States / [Northern] Arapahoe Indian Tnbe of the Wind River Reservation, Wyoming v. United States Blackfeet Tribe of the Blackfeet Indian Reservation v. United States Cheyenne River Sioux Tnbe v United States The Chickasaw Nation and The Choctaw Nation v Department of the Intenor Chippewa Cree Tnbe of the Rocky Boy's Reservation, Little Shell Tnbe of Chippewa Indians; Turtle Mountain Band of Chippewa Indians; White Earth Band of Chippewa Indians v. United States Coeur d'Alene Tnbe v United States

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rsJOftnern Cheyenne i nbe of Indians v Kenpihorr.s Northvyestern Band of Shosho'^e Indians v United States Oglala Sioux Tnbe v Kempthome Oglala Sioux Tribe v. United States Omaha Tribe of Nebraska v. United States Osage Nation of Oklahoma v United States Otoe-Missouna Tribe of Indians of Oklahoma v United States Otoe-Missouna Tnbe of Oklahoma v. Kempthome Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California, v United States Passamaquoddy Tnbe v United States Passamaquoddy Tnbe of Maine v Kempthome Pawnee N_ation of Oklahoma v. United States Pechanga Band of Luiseno Mission Indians v Kempthome Ponca Tnbe of Indians of Oklahoma v Kempthome Praine Band of Potawatomi Indians v. United States Pueblo of Laguna v. United States Pueblo of Santa Ana v. United States Quechan Tnbe of the Fort Yurna Indian Reservation v. United States Red Cliff Band of Lake Supenor Chippewa Indians v. United States Red Cliff Band of Lake Supenor Indians v Kempthome Rosebud Sioux Tnbe v. Kempthome Rosebud Sioux Tnbe v. United States Round Valley Indian Tnbes v United States Salt River Pima-Mancopa Indian Community v. Kempthome Salt River-Pima-Mancopa Tnbes v. United States San Manuel Band of Serrano Missions Indians v United States Seminole Nation of Oklahoma v Kempthome Seminole Nation of Oklahoma v. United States Shoshone-Bannock Tnbes of the Fort Hall Reservation v Kempthome Soboba Band of Luiseno Indians v. United States

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Sokaogon L.iii:'pe\,'a Corimunity v (vempthorne Sokaogon Chippewa Community (aka Mole Lake Band of Lake Supenor Chippeva Indians) v. Unitec States Standing Rock Sioux Tnbe v. Kempthome Stillaguamish Tnbe of Indians v. Kempthome Stillaguamish Tnbe of Indians v United States Swinomish Indian Tnbal Community v United States Te-Moak Tribe of Western Shoshone Indians v Kempthome Three Affiliated Tnbes of the Fort Berthold Resen/ation v. Kempthome Three Affiliated Tnbes of the Fort Berthold Indian Reservation v. United States Tohono O'Odham Nation v. Kempthome Tohono O'odham Nation v United States Tonkawa Tnbe of Indians of Oklahoma v United States Tonkawa Tnbe of Indians v Kempthome United Keetoowah Band of Cherokee Indians in Oklahoma v United States United Keetoowah Band of Cherokee Indians in Oklahoma v United States Ute Indian Tnbe of the Uintah and Ouray Reservation v United States Winnebago Tnbe of Nebraska v Kempthome Winnebago Tnbe of Nebraska v. United States Wyandot Nation of Kansas v Kempthome Wyandot Nation of Kansas v United States Yankton Sioux Tribe v Kempthome Yankton Sioux Tnbe v United States Yomba Shoshone Tnbe v. United States

Page URL- http //wvwv nara-at-work qov/archives and recordsmgmt/records mgmt at nara/tnbal-trustcases/index.htmi'?defaultLocation=32 The U S. National Archives and Records Administration 8601 Adelphi Road, College Park, MD 20740-6001 · Telephone 1-86-NARA-NARA or 1-866-272-6272

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Thursday, December 20, 200^ 1 1 ^ .^VV V j ! · 1 ^ . www.nara-at-work.gov

NARA NOTICE

I 2008-045

Date: December 3, 2007 To: Office Heads, Staff Directors, ISOO, NHPRC, OIG Subject: Holds on NARA Operational Records Relevant to "Tribal Trust" Lawsuits In accordance with Intenm Guidance 825-1. this notice is to inform NARA staff of their obligations to preserve documents and electronic data (including traditional documents as well as e-mail and voice mail messages) in connection with ongoing "tribal trust" lawsuits in numerous forums throughout the United States. Please ensure that this notice is forwarded to all employees who may be affected In 2004 and again in 2005, we alerted staff to similar obligations to lawsuits with respect to two Indian tnbesJicanlla Apache Nation and Pueblo of Laguna Recently, additional lawsuits involving other named tribes have been filed, requiring additional records retention orders calling for NARA staff to take similar preservation measures to retain all relevant documents This notice follows up on prior notices given to appropnate officials and staff by the Office of General Counsel (NGC) in connection with particular lawsuits Because there are at present over 100 tribal trust lawsuits filed in various courts, we anticipate that there may be additional retention orders entered over the coming months and for the foreseeable future. In light of what can be reasonably anticipated in terms of NAR's overall preservation obligations, we believe the most prudent course of action at this time is to issue this blanket notice, placing staff on notice of each person's duty to preserve relevant records and information across the board for all tnbes currently pursuing tribal trust claims. A list of all such known tribal trust cases is attached. We will also soon provide a continuing link to this notice on NARA@Work with updates as needed. To be covered by this hold notice, documents or electronic data must contain a reference to, or otherwise in some way be relevant to, the issues and/or allegations involved in one or more tnbal trust lawsuits "Tnbal trust lawsuits" involve one or more of the following issues and/or allegations. 1 Alleged breaches by the United States or a governmental component thereof (including an agency) of the government's trust responsibilities for Native American tnbes or nations created by treaties, statutes and regulations,

2. Mismanagement of Native Amencan trust assets, including funds and non-monetary assets, 3. Failure by the United States m its exercise of comprehensive supervision, control, and management over the Nation's trust funds and revenue-producing assets This includes failure to enforce lease terms, including undercollection of amounts lawfully owed; 4. Failure by the United States to provide a comprehensive accounting of all categories of trust assets; and 5. Failure by the United States to implement effective agency control and audit procedures, to perform a reconciliation of accounts, and to engage in regular reporting of transactions and account balances These Orders require that NAF5A staff must take reasonable steps to preserve every document, all data or tangible thing in its possession, custody or control, containing the above categones of information, or that

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may reasonably lead to the discovery of information in the above categories of information. Therefore, effective the date of this notice, staff should follow these instructions to comply with the hold order Actions to Take For documents created by NARA in paper format stored in office space Photocopy records and note the file number and series title from which they came. Accumulate such copies and forward them monthly to NARA's Records Officer (NHR), indicating the name and mailcode of your unit. For documents created by NARA in paper format stored in a Federal Records Center Make note of the transfer number and box number(s) in which the relevant records are located and forward that information along with your unit's name and mailcode to NHR. For documents created by NARA in electronic format (word processing, email) Forward word processing documents or email messages as attachments to an email sent to tribal@nara gov. Include in the parent email the name and mailcode of your unit. For voicemail Forward voicemail messages to the special "Tribal Trust Litigation" voice mailbox, following these instructions: 1. 2. 4. 5. Listen to the message. Press "#" to respond Record a comment if you wish, and then press "*" and "#." Enter the Tnbal Trust Litigation telephone number (7-1000) and then press "#" four times.

3. Press "9" to fonward.

6. Press "4" to save the message, then press "#." The Justice Department specifically has asked that I remind all NARA staff that failure to comply with these orders may lead to the imposition of sanctions The obligation to preserve relevant documents to these cases will continue until further notice. Periodic reminder and update notices will be issued to fulfill our obligations in compliance with existing court orders. Questions regarding this continuing obligation may be directed to Assistant General Counsel Jean Whyte, in NARA's Office of General Counsel, who can be reached by telephone at 301-837-2926. Regarding Department of the Intenor (Dol) records in NARA's custody, contact. o o NW staff - Sharon Thibodeau at 301 -837-3047 NR staff - Greg Pomicter at 301-837-2063 or David Weinberg at 301-837-3115.

Thank you for your compliance with these Court orders.

MARTHA MORPHY Assistant Archivist for Information Services Attachment Attachment Attachment Attachment A B C D

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Case 1:06-cv-00934-FMA
Attachment E For questions on this notice cor tact: Richard Marcus, NHR richard.marcus(5)nara gov Room 2350 All Phone:301-837-1942 Fax:301-837-0871

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Page URL. http.//www.nara-at-work.gov/nara policiesand guidance/notices/fy2008/2008 046.html?defaultLocation=32 The U.S. National Archives and Records Administration 8601 Adelphi Road, College Park, MD 20740-6001 · Telephone: 1-86-NARA-NARA or 1-866-272-6272

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