IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) Plaintiffs, v. Case No. 1:96CV01285 (Judge Lamberth) ) ) ) ) ) GALE NORTON, Secretary of the Interior, et al., ) Defendants. ) ) __________________________________________) NOTICE OF FILING OF THE TWENTIETH QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY The Department of the Treasury has prepared its Twentieth 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. Respectfully submitted, Dated: December 1, 2004 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 D.C. Bar No. 261495 Deputy Director JOHN T. STEMPLEWICZ Senior Trial Counsel Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 (202) 514-7194 (phone) (202) 514-9163 (fax) 2 CERTIFICATE OF SERVICE I hereby certify that, on December 1, 2004 the foregoing Notice of Filing of the Twentieth 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 TWENTIETH QUARTERLY REPORT ON ACTIONS TAKEN BY THE DEPARTMENT OF THE TREASURY TO RETAIN IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTING Cobell, et al. v. Norton, et al. D.D.C. CV No. 96-1285 December 1, 2004 This is the Department of the Treasury’s (“Treasury”) Twentieth Quarterly Report, filed 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, 2004 through November 30, 2004. The Order requires Treasury to report on the steps it has taken since the last quarterly report to rectify a single breach of its trust responsibilities, namely the destruction of IIM trust materials after their age exceeded six years and seven months. Cobell, et al. v. Babbitt, et al., 91 F. Supp. 2d 1, 50, 59 (D.D.C. 1999). 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. The “Check 21” legislation that was enacted October 28, 2003, allowing banks to clear checks electronically, became effective October 28, 2004. As a result, increasingly, Treasury will only receive an electronic image of a cleared Treasury check rather than the original check. The “Check 21” Act is described in more detail in Attachment C to Treasury’s Fourteenth Quarterly Report filed June 2, 2003 and Attachment A to Treasury’s Sixteenth Quarterly Report filed December 1, 2003. Beginning approximately mid-January 2005, Financial Management Service (FMS) will implement new electronic deposit processes by which agencies’ paper check deposits will be either truncated and processed electronically or converted into ACH transactions and processed electronically. These new processes, known by the system name ECP Lockbox (ECP stands for “electronic check processing”), will be phased in agency-by-agency during 2005. ECP Lockbox will use an Internet-based General Lockbox Network. By letter dated September 17, 2004, FMS informed Interior’s Office of Special Trustee (OST) that Interior’s disconnection from the Internet makes its participation in the General Lockbox Network impossible. If Interior procures, on its own, the lockbox and remittance processing services it requires directly from a commercial bank, then Interior, not Treasury, will have possession, custody or control of the records maintained by the bank for that lockbox account, other than data the bank enters into FMS’ CA$HLINK II system. During the past quarter, FMS and the Bureau of the Public Debt (BPD) responded to records-related questions from the Federal Reserve (FRB). In a letter dated November 5, 2004 from FMS to the FRB concerning retention requirements for two tribal trust lawsuits, FMS reiterated the requirement that “no Treasury fiscal agency records be destroyed without Treasury’s prior written authorization.”