IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) Case No. 1:96cv01285(JR) ) KEN SALAZAR, Secretary of the Interior, ) et al., ) ) Defendants. ) __________________________________________) NOTICE OF FILING OF THE FORTY-SECOND QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY The Department of the Treasury has prepared its Forty-second Quarterly Report on Actions Taken By the Department of the Treasury to Retain IIM-Related Documents Necessary 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. Dated: June 1, 2010 Respectfully submitted, TONY WEST Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ John J. Siemietkowski ROBERT E. KIRSCHMAN, JR. Deputy Director (D.C. Bar No. 406635) JOHN J. SIEMIETKOWSKI Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875, Ben Franklin Station Washington, D.C. 20044-0875 Telephone: (202) 514-3368 CERTIFICATE OF SERVICE I hereby certify that, on June 1, 2010 the foregoing Notice of Filing of the Forty -Second Quarterly Report for the Department of 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 /s/ Kevin P. Kingston Kevin P. Kingston DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT WASHINGTON . DC 20239-0001 June 1.2010 MEMORANDUM FOR: FROM: SUBJ ECT: TONY WEST ASSISTANT ATroRNEY GENERAL CIVIL DIVISION U.S. DEPARTMENT OF JUSTICE PAUL G. WOLFTEICli r;;-& /L-/'~ CHIEF COUNSEL i0?~ vtAV/~~· BUREAU OF THE PUBLIC DEBT DEPARTMENT OF TI-IE TREASURY FORTY SECOND QUARTERLY REPORT COBELL v. SALAZAR Included with this cover memorandum is the "Forty Second Quarterly Report on Actions Taken by the Department ofthe Treasury to Retain IIM·Related Documents Necessary for an Accounting." The Treasury Department prepared this report pursuant to the Court Order and Opinion in Cobell v. Babbill (D.D.C. CV No. 96-1285), filed December 21, 1999. The Report includes information from the Financial Management Service ("FMS"), the Bureau of tile Public Debt ("BPO"), and Departmental Offices. The Report's preparation included circulation of drafts to program offices that are responsible for the actions described in the Report. Senior officials at FMS and BPO reviewed the Report before it was submitted to the Department of Justice. The Department of the Treasury stands ready to respond to any questions or concerns the COlirt may have after reviewing the Report. FORTY-SECOND QUARTERLY REPORT ON ACTIONS TAKEN BY THE DEPARTMENT OF THE TREASURY TO RETAIN IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTING Cobell v. Salazar June 1, 2010 This is the Forty-Second Quarterly Report filed by the Department of the Treasury (‘Treasury”) pursuant to the Court’s December 21, 1999 Order (“Order”) in the above-captioned case. It covers activities occurring over a three-month period from March 1, 2010 through May 31, 2010. The Order requires Treasury to report on the steps it has taken since the last quarterly report to preserve IIM-related documents. 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. During the past quarter, the Records and Information Management Branch at the Financial Management Service (FMS) provided training to FMS employees through two briefings to new employees during Entrance on Duty sessions and two training sessions for managers and for staff employees at the FMS Regional Financial Center in Austin, Texas. The records management briefings and training include reiteration of FMS employees’ obligation to retain materials due to on-going litigation at FMS.