IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ELOUISE PEPION COBELL, et al., ) ) No. 1:96cv01285 Plaintiffs, ) (Judge Robertson) v. ) ) DIRK KEMPTHORNE, Secretary of ) the Interior, et al., ) ) Defendants. ) ____________________________________) DEFENDANTS’ NOTICE OF BULKY EXHIBITS Defendants’ exhibits on the attached DVD were admitted into evidence during the hearing begun on June 9, 2008 before Judge Robertson and are available for public viewing and copying in the Office of the Clerk, United States District Court for the District of Columbia, 333 Constitution Avenue, N. W. ,Washington, D. C. between the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday. Dated: June 27, 2008 GREGORY G. KATSAS Acting Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ John J. Siemietkowski ROBERT E. KIRSCHMAN, Jr. (D.C. Bar No. 406635) Deputy Director JOHN J. SIEMIETKOWSKI Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Phone (202) 514-3368 Fax (202) 514-9163 CERTIFICATE OF SERVICE I hereby certify that, on June 27, 2008 a copy of the foregoing Defendants’ Notice of Bulky Exhibits and the attached exhibits in PDF Format on DVD were served upon: David C Smith, Esq. Kilpatrick, Stockton, LLP 607 - 14th Street, NW, 9th Flr. Washington, D.C. 20005 /s/ Kevin P. Kingston Kevin P. Kingston Defendants' June 2008 Trial Exhibits DX Description 370 Historic Flow of Funds Chart 371 IIM Collection and Disbursement by Fiscal Year 372 IIM System Annual Collections and Disbursements Binder 1 of 5 Binder 2 of 5 Binder 3 of 5 Binder 4 of 5 Binder 5 of 5 373 CIA Report for 1909 374 CIA Report for 1919 375 House hearings on appropriation bill for 1960 376 House hearings on appropriation bill for 1970 377 House hearings on appropriation bill for 1972 378 Senate hearings on appropriation bill for 1972 379 House Report 2503, Investigation of BIA Pursuant to House Resolution 698 1952 380 BIA, Office of Trust Responsibilities Report for FY1980 381 BIA, Office of Trust Responsibilities Report for FY1981 382 Annual Report of the Secretary of the Treasury for 1949 383 Annual Report of the Secretary of the Treasury for 1960 384 Annual Report of the Secretary of the Treasury for 1966 385 Chief, Bureau Investments to Director, Office Administration, report of BIA's individual program, FY74 386 BIA, Indian Trust Funds, Investment Operations, Fiscal Year 1976 387 Office of Trust Responsibility, Division Trust Funds Management, Investment Program Fiscal Year 1984 388 Branch of Investments, Results of Investment Operations Fiscal Year 1982 389 Branch of Investments, Results of Investment Operations Fiscal Year 1983 390 Indian Trust Fund Investments, Investment Program, Fiscal Year 1977, Annual Report 391 Office of Trust Responsibility, Division Trust Funds Management, Investment Program Fiscal Year 1985 392 Chief, BPD Division of Public Debt Accounts & Audit to Secretary of the Treasury, examination of Treasurer's balances 1949 393 Chief, BPD Division of Public Debt Accounts & Audit to Secretary of the Treasury, examination of Treasurer's balances 1953 394 CIA Report for 1910 395 CIA Report for 1921 396 CIA Report for 1922 397 CIA Report for 1923 398 CIA Report for 1924 399 CIA Report for 1925 400 CIA Report for 1926 401 CIA Report for 1927 402 BIA, ISSDA Balances, End of FY 1934 (includes total IIM balance) 403 BIA, ISSDA Balances, End of FY 1935 (includes total IIM balance) 404 BIA, ISSDA Balances, End of FY 1936 (includes total IIM balance) 405 BIA, ISSDA Balances, End of FY 1937 (includes total IIM balance) 406 BIA, ISSDA Balances, End of FY 1938 (includes total IIM balance) 407 BIA, ISSDA Balances, End of FY 1939 (includes total IIM balance) 408 BIA, ISSDA Balances, End of FY 1940 (includes total IIM balance) 409 BIA, ISSDA Balances, End of FY 1941 (includes total IIM balance) 410 BIA, ISSDA Balances, End of FY 1942 (includes total IIM balance) 411 BIA, ISSDA Balances, End of FY 1943 (includes total IIM balance) 412 BIA, ISSDA Balances, End of FY 1944 (includes total IIM balance) 413 CIA to Interior Chief Clerk, enclosing report on moneys received & expended by ISSDAs in FY 1944 414 Assistant CIA to SOI, enclosing moneys received and expended by disbursing agents 1922 415 First Assistant SOI to SOI, transmitting letter from CIA about moneys received and which have not been paid into General Treasury 1923 416 Assistant CIA to SOI, enclosing a statement of moneys received and expended by disbursing agents with out being paid into the General Treasury 1924 417 Assistant CIA to SOI, enclosing a statement of moneys received and expended by disbursing agents with out being paid into the General Treasury 1925 418 CIA to SOI, enclosing a statement of moneys received and expended by disbursing agents with out being paid into the General Treasury 1926 419 Assistant CIA to SOI, enclosing a statement of moneys received and expended by disbursing agents with out being paid into the General Treasury 1928 420 Assistant SOI to Secretary of the Treasury, funds which have not been paid into General Treasury 1929 421 Assistant SOI to Secretary of the Treasury, funds which have not been paid into General Treasury 1930 422 Assistant CIA to SOI, enclosing a statement of moneys received and expended by disbursing agents with out being paid into the General Treasury 1931 423 CIA to SOI, enclosing a statement of moneys 1934 424 Administrative Assistant to the SOI to Acting Administrative Assistant to the Secretary, Treasury Department 1937 425 Administrative Assistant to the SOI to Acting Administrative Assistant to the Secretary, Treasury Department 1938 426 Chief Clerk to Chief Division of Bookkeeping and Warrants, Treasury Department 1939 427 Chief Clerk to Chief Division of Bookkeeping and Warrants, Treasury Department 1941 428 Chief Clerk to Treasury Department, Bureau of Accounts 1943 429 Acting Chief Clerk to Treasury Department, Bureau of Accounts 1943 430 Return of Statement of Moneys received and expended by Disbursing Agents 1946 431 CIA to Chief Clerk, DOI, transmitting of statement of moneys received and expended by disbursing agents 1947 432 CIA to Chief Clerk, DOI, transmitting of statement of moneys received and expended by disbursing agents in the Indian Service 1948 433 Chief Clerk to Treasury Department, Bureau of Accounts, transmitting a statement of moneys received and expended by disbursing agents 1949 434 Chief Disbursing Clerk from Administrative Assistant and Budget Officer forwarding reports of unexpanded check book balances and cash in hands disbursing officers and agents at end of Fiscal Year. 1930 435 Executive Order, Reporting of Expenditures for Use in the Budget. 1931 436 Heads of Executive Departments and Independent Establishments from Acting Secretary of the Treasury, regarding Executive Order of 05/01/1931 and instructions for making reports to Treasury. 437 Heads of Executive Departments and Independent Establishments from Acting Secretary of the Treasury, regarding instructions to make reports to Treasury at “earliest practicable date” for unexpended balances in the hands of disbursing officers at end of FY 06/30/1933. 438 Audit Report for FY 2006 and 2005 AR-343 439 Audit Report for FY 2005 and 2004 AR-347 440 Audit Report for FY 2004 and 2003 AR-350 441 Audit Report for FY 2003 and 2002 AR-352 442 Audit Report for FY 2002 and 2001 AR-355 443 Audit Report for FY 2001 and 2000 AR-369 445 Audit Report for FY 1999 and 1998 AR-375 447 Audit Report for FY 1997 AR-377 448 Audit Report for FY 1996 AR-378 453 Branch Investments report: Trust Fund Responsibility for Indian Trust Funds 1975 455 GAO Report . . .Funds and Securities per S. Res. 147 1952 456 CIA Report for 1911 460 Overview of Data Handling Steps 461 IIM Systems Reported Data, 1887-2007 462 IIM Systems Data, 1887-2007 (final analysis) 463 Calculated Balance, 1887-2007 (histogram) 464 Calculated Balance, 1887-2007 (95% Upper Bound and Histogram) 465 Letter from Ziler to Synar 1989 466 OMB Circular A-11 467 GAO Report on Indian Funds 1929 469 Accountant's Report, Crow Indian Agency 1974 470 OIG Report on IRMS 1981 474 3rd Party Example 475 Stakeholder 1 Example 477 Stakeholder 3 Example 478 Rosebud Example 479 Stakeholder 4 Individual New Example 480 Disbursement to the Tribal System/Transfer within the IIM System 481 Disbursement to the Tribal System 482 Final Monthly Treasury Statement for Fiscal Year 2007 483 Morgan Angel: Total IIM Chart 484 Report of Commissioner of Indian Affairs to the Secretary of the Interior 1889 485 Internal Audit of Winnebago Agency 1940 486 Internal Audit of Winnebago Agency: Individual Indian Monies 1941 487 Internal Audit Report 1940 488 Report on Checks Drawn from the Treasury 1960 489 Statement of Accountability 1974 490 Statement of Accountability 1971 491 Disbursement to Third Party (Rowland) 492 Changes to AR-171 495 Data Completeness Validation: Summary of Pacific Region 496 Analysis of Electronic Era Accounts 497 IIM Banking Policy Slideshow 498 Terence Kehoe Banking Report Resumé 499 Chart of Cash Concentration System 500 Calculated Balance, 1887-2007 (97.5% Upper Bound and Histogram) 502 The Emergence of "Regular and Predictable" as a Treasury Debt Management Strategy 503 Projection of Daily Operating Cash Balances 504 Collection of Ledger Photographs 505 CIA Report from 1912 506 CIA Report from 1913 509 BIA (Indian Office) Revised Regulations re Bookkeeping and Accounting 1930 510 Reznick Report re: GAO Settlement Packages 511 Reznick Report re: Treasury Settlement Packages 515 Exhibits Attached to Rosenbaum Expert Report 517 Osage Reconciliation (FY 2001 Payments) PX Description 53 Comptroller General Report 1955 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Cobel!, et al. v. Kempthorne, et al. l:96cv01285­ Labat-Anderson, IncJune 27, 2008 Cobell Litigation SupportI00 L St. NW, Stel07~ Washingon, D.C. 2000~Clerks’ Copy (202) 616-9668 Defendants’ Exhibits Admitted into Evidence During the Hearing Begun on June 9, 2008 Before Judge Robert.son