IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________________ ELOUISE PEPION COBELL et al., Plaintiffs, v. ) ) ) ) ) ) GALE NORTON, Secretary of the Interior, et al., ) Defendants. ) ) ________________________________________ ) NOTICE OF FILING OF DECEMBER 2004 STATUS REPORT BY THE DEPARTMENT OF THE INTERIOR OFFICE OF TRUST RECORDS The Department of the Interior Office of Trust Records hereby submits its status report for activity in December 2004. A copy of the report is attached hereto. Dated: January 19, 2005 Case No. 1:96CV10285 (Judge Lamberth) Respectfully submitted, ROBERT D. McCALLUM, JR. Associate Attorney General PETER D. KEISLER Assistant Attorney General STUART E. SCHIFFER Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ Sandra P. Spooner SANDRA P. SPOONER Deputy Director D.C. Bar No. 261495 JOHN T. STEMPLEWICZ Senior Trial Counsel Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 (202) 514-3368 (phone) (202) 514-9163 (fax) 2 CERTIFICATE OF SERVICE I hereby certify that, on January 19, 2005 the foregoing Notice of Filing of December 2004 Status Report by the Department of the Interior Office of Trust Records was served by Electronic Case Filing, and on the following who is not registered for Electronic Case Filing, by facsimile: Earl Old Person (Pro se) Blackfeet Tribe P.O. Box 850 Browning, MT 59417 Fax (406) 338-7530 /s/ Kevin P. Kingston Kevin P. Kingston From- Jan-19-2005 O2:17pm T-835 P 002/004 f-604 ACTIVITY REPORT OFFICE OF TRUST RECORDS December 1 - 3 1,2004 PROGRAMMATIC: Labat-Anderson (Labat) Indexing Project Labat repoded that 3,225 boxes of inactive Indian records were completed in December. The total number of boxes completed through December 2004 is 97,220. The Office of Trust Records (OTR) and Labat staff worked at rhe Bureau of Indnn Affairs Southern Plains Regional Office and the Anadarko Agency 10 prepare inactive records for shipment to Lenexa. 533 boxes of inactive records were shipped in December from the regional office. It is anticipated that this project will conclude in January. Movemenr of Records OTR moved 4,12 1 boxes from Albuquerque storage facilities to Lenexa, Kansas for permanent storage. OTR moved 638 boxes, BIA moved 1,063 boxes (includes the 533 from BLA reported above) and OST field offices moved 15 boxes of inactive records to Lenexa for indexing and storage. In the November 2004 report, OTR mistakenly reported that OST moved 1,302 boxes of inactive records to Lenexa. This resulted 6om including 1,222 boxes that had already been reported in the October 2004 report as part of the 4,780 boxes moved by OTR during that month. The actual number of boxes moved by OST during hTovember 2004 was 80. Boxes Requiring Preservation and /or Remediation Carino Conservation did not complete its recommendations for remediation of boxes it assessed at the 12* Sweet warehouse. It is anticipated that the report will be completed by the end ofJanuary. Individual Files Requiring Preservation As reported in the November montly report, ongoing analysis of data in the Box Index Search System identified 7,500 files containing one or more documents which may be at risk due to over usage, age or other conditions. OTR has not yer had discussions with the National Archives and Records Administration in Lenexa regarding the files but is scheduled to do so in January. 1 1-835 P 003/004 F-604 Jan-19-2005 02:17pm From- Site Assessments OTR staff continued to draft reports for sire assessments conducted at the followhg BIA agencies: Okmulgee Agency, Talihina Agency, Osage Agency, Chickasaw Agency, Wewoka Agency and Miami Agency. The Office of rhe Special Trustee for American Indians (OST) field office at Osage Agency was also assessed. OTR staff also continued to drafc reports for site assessments of tribal records management programs at the Creek Nation, Choctaw Nation, Chickasaw Tribe, Osage Tribe and Wyandotte Tribe. It is anticipated the Written reports will be completed by OTR in January. Records Training OTR provided a Records Management Briefing for 18 OST supenisors and managers during the month. Equipment 285 pieces of fireproof filing equipment were provided lo BIA and OST propms. Litigation Support OTR continued to provide support in research of records for tribal trust litigation cases including: Jicarilla Apache, Laguna, Blackfeet, Osage, W a n Springs Shoshone and Arapaho of Wind River and Shoshone-Bannock of Ft. Hall. OTR continued to provide support to the Office of Historical Trust AccounrFng and to BLA and OST offices. Records Evaluation - Accession #-M00-03-8001 OST’s review of rhe 3 1 boxes in Accession #MO0-03-800 1 conrinued in December. The review, as reported last month, is intended to determine whether their conrenis might be federaVtrust records or whether they had been properly marked as non-record duplicates. ADMTMSTRATIVE : Ordinary administrative activities conrinued. 2 1-838 P 001/001 F-607 Jan-19-2005 02:22pm From- GENERAL, OBSERVATIONS: OTR records operations staff continued to struggle to meet the demands placed on them by attorneys and tribal and federal researchers for boxes and to continue to meet OTR program requirements. I declare under penalty of perjury rhar the foregoing is m e and correct to the best of my knowledge, information and belief. 1, & Ethel J. Ab&a 3