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 THE THIRTY-SIXTH QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY The Department of the Treasury has prepared its Thirty-Sixth 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: December 1, 2008 Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ Robert E. Kirschman, Jr. ROBERT E. KIRSCHMAN, Jr. Deputy Director (D.C. Bar No. 406635) JOHN KRESSE Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Phone (202) 616-2238 Fax (202) 307-0494 2 CERTIFICATE OF SERVICE I hereby certify that, on December 1, 2008 the foregoing Notice of Filing of the Thirty-Sixth 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 THIRTY-SIXTH QUARTERLY REPORT ON ACTIONS TAKEN BY THE DEPARTMENT OF THE TREASURY TO RETAIN IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTING Cobell v. Kempthorne December 1, 2008 This is the Thirty-Sixth 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 September 1, 2008 through November 30, 2008. 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 (RIMB) at the Financial Management Service (FMS) provided training to FMS employees on records management and court-ordered litigation retention requirements. RIMB provided two three-hour training sessions at the FMS facility in Hyattsville, Maryland, a three-hour course at the FMS Regional Financial Center in Philadelphia, Pennsylvania, and six briefings to new employees during Entrance on Duty sessions during the quarter. On November 19-20, 2008, representatives from FMS and the Bureau of Public Debt (BPD), and Federal Reserve Bank (FRB) personnel from each FRB district, attended the 2008 Treasury Programs Symposium hosted by the Federal Reserve Bank of St. Louis. BPD, FMS and FRB-St. Louis personnel participated as panelists in a discussion concerning records retention, which updated attendees on the status of the Indian trust litigation and provided an overview and reminder concerning Treasury's current Indian trust record retention instructions to the FRBs.