IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) Case No. 1:96cv01285(JR) ) DIRK KEMPTHORNE, Secretary of the Interior, ) et al., ) ) Defendants. ) __________________________________________) NOTICE OF FILING OF MAY 2008 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 May 2008. A copy of the report is attached hereto. Dated: June 27, 2008 Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ Robert E. Kirschman ROBERT E. KIRSCHMAN, JR. Deputy Director (D.C. Bar No. 406635) JOHN R. KRESSE Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875, Ben Franklin Station Washington, D.C. 20044-0875 Telephone: (202) 616-0328 CERTIFICATE OF SERVICE I hereby certify that, on June 27, 2008 the foregoing Notice of Filing of May 2008 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 ACI'I VITV REPORT OFFICE OF TRUST RECORDS Mayl-3I ,2008 PROGRAMMATIC: • Labat-Anderson (Labat Indexing Project) Labat reported that indexing of 1,800 boxes of inactive Indian records was completed in May 2008. The total number ofboxcs completed through May 2008 is approximately 174,740. • Movement of Records The Bureau ofIndian Affain (BIA) and Officc oflbe Special Trustee (OST) mO\'ed 1.161 boxes ofinacti\'e records from various field locations to Lenexa. Kansas, for indexing and subsequent storage at the American Indian Records Repository (AIRR) during this reporting period. • Site Assessments Statement During the month of May. OTRA performed 2 records assessments al OST, Officc ofAppraisal ScrvicC$, Alaska Region and Anadarko OST 11M field office and I records assessment at Anadarko Agency BIA office. OTRA also penormed 14 follow-up records assessments, one each at the following locations: Pacific Region BIA offiee. Pacific Region OST 11M field office, West Centrtll Alaska Agency BIA offiee. Alaska Region BIA offiee, Alaska Region OST 11M field officc, Central California Agrncy BIA office, Central California Agency OST 11M field office. Northern California Agency BIA office. Northcrn California Agency OST rn.., field office, Fairbanks Agency BIA office, Palm Springs Agency BIA office. Palm Springs OST 11M field office, Southern California Agency BLA office. and Southern California OST 11M field office. OTRA issued I records assessmet11 report for Southern UIC Agcncy OST 11M field office. OTRA also issued 10 follow-up records assessment reports, onc each at the following locatiolt$: Anadarko Agcncy BlA office, Anadarko Agency OST 11M field office. Soulhern Plains Rellion OST 11M field office, Utc Mountain Ute Agency B1A office. ]icarilla Agency BIA office, Cet1tral California OST 11M field office. Northern California OST 11M field office. Palm Springs Agency OST 11M field office, Southcrn California Agrncy OST IL\1 field office, and Pacific Region OST 11M field office. The following oorm;ljons are made to 11K: March 2008 and April 2008 Sile Assessments Staletnet1l: During the month ofMarch. OTRA pcrfonned 2 records managetnet1t 3SSC$smet11 exams al Ihe request ofBIA's Weslern Region Direclor for the region's Environmental & Safety MlIIliIgement and Environmental Quality programs. The April 2008 repon erroneously stated that OTRA pcrfonned a follow-up records assessment at Southern Ute OST lL'vI field office. This assessment was conducted as a new assessment and was not a follow-up assessment. The April 2008 repon also erroneously listed the OST Office of Appraisal Services, Western Region. as a regular records assessment repon. This repon should have becn listed as a records assessment follow-up repon. OTRA also conducted a trust program records assessment at Vte Mountain VIe Agency in April 2009 at the request ofthe BIA Agency Superintendent. • Records Training In May 2008, OTR provided records managemenllraining for 54 BINOST records contacts and 40 tribal employees. OTR provided IrJining on vital records for 64 BIA/OST employees. • Equipment 81 pieces of fireproof filing equipment were delivered to BIA/OST and Tribal offices in May 2008. • Notice of Destruction of Records It was reponed 10 OTR in late April 2008 that 4 cubic feet ofreoords consisting of 1R.."1S 1992 Status Repons on Allotment or Tracts and Individual Ownership (grcenbars) at the BIA Colorado River Agency were shredded under the mistaken asswnption that the green bars were copies or "obsolete or duplicate documents" that could be destroyed. OTR concluded its investigation of the mailer in May 2008 and con finned that records were shredded at the agency. All title transactions recorded in the year 1992 should eurrently be available in T AAMS. OTR has again impressed upon agency staff that no records can be destroyed. • Litigation Suppon and Research Requests OTR continued to provide significant suppon 10 the Office ofthe Solicitor, Office of Historical Trust Accounting and its contractors, the Dcparunent ofJustice and its contractors. and tribal anomeys on behalfof various Tribes. AIRR staff provided responses to 153 research requests from BIA. OST and other requesters. With the filing of numerous tribal trust litigation cases. litigation-related infonnation and document requests pcnaining to records at the AIRR continue 10 increase. Many of these requests have very sbon deadlines. AD:'tIINISTRATIVE; General administrative activities continued. GENERAL OBSERVATIONS; None. 2 I declare under penalty ofpctjury that the foregoing is true and correct 10 Ihe hc:st ofmy knowledge. information and belief. I expl'eS!; no opinion on the content of the Site Assessments Statement described aho~c. I declare under penalty ofpetjury that the content of the Site Assessments Statement described above is true and COrTectto the hc:st of my knowledge, infonnation and belief. '''p=00 op"'"''","''',"of"""~;."~f~' """rt. Acting Director. Office ofTrust Review and Audit )