IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
_________________________________ 
ELOUISE PEPION COBELL, et al., ) 
Plaintiffs, 
v. )
)
)
)
) 
GALE A. NORTON, Secretary of the 
Interior, et al., 
)
)) 
) 
Defendants. 
_________________________________) 
NOTICE OF FILING OF THE EIGHTEENTH QUARTERLY REPORT 
FOR THE DEPARTMENT OF THE TREASURY 
The Department of Treasury has prepared its Eighteenth Quarterly Report on Action 
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 the Order of December 21, 1999. 
A copy of the report is attached hereto. 
Dated: June 1, 2004 
Case No. 1:96CV01285 
(Judge Lamberth) 
Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Associate Attorney General 
PETER D. KEISLER 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
Director 
SANDRA P. SPOONER 
Deputy Director 
DC Bar No. 261495 
/s/ John T. Stemplewicz 
JOHN T. STEMPLEWICZ 
Senior Trial Counsel 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875
2 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 307-1104
CERTIFICATE OF SERVICE 
I hereby certify that, on June 1, 2004 the foregoing Notice of Filing of the Eighteenth 
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
Julie 1. 2004 
MEMOKANDUM FOR: 
FROM: 
S1 JRJECT: 
Included Lvith this cover memorandum is the "Eighteenth Quarterlj. Report on Actions 
Taken by the Department of the Ireasury to Ketain IIM-Related Documents Necessary 
for an Accounting" (the "Report'.). The Report has been prepared bq the Department of 
the l'rcasury pursuant to the Court Order and Opinion in ('ohell. c/ trl. 1'. Bcrhhitt, et cil 
(D.D.C. CV No. 96-1355). filed December 3 1. 1 c)9c>. 
lhe Report includes information coiiceriiiiig the Iinaiicial Management Scr\ ice, 
("FbIS"). B~ireaii of tlie Public Debt ('*BPD") atid certain Departmental Offices ("DO"). 
The Report ~ v a s prepared based on in forination provided by a number of program offices 
from the abox e-described organiations. The 171-eparation or the Report included 
circulation of drafts of the Report to program offices that are responsible Ihr the actions 
described in tlie Report. Comments izerc rcccivcd from those ofikes and incorporated in 
the Report. 
Prior to submitting the Report to the Department of Justice. senior officials of FMS. BPD 
and DO revieLved a final draft of the Report. 
The Department of the Treasury stands ready, in accordance with the Court's order. to 
respond to any questions or concerns tlie Court may have after reviewing the Report and 
WASHINGTON. D C 20239-0001 
ROBERT D. McCALLUM. JR. 
ASSOCIATE ATTORNEY GENERAL 
LJ.S. DEPARTMENT OF JIJSTTCE 
CIVIL DIVISION 
A &' 
FERREL~J?~ BRIAN I.. 
CHIEF COUNSEL' ,,,' 
B~JREAI T OF T F T ~ ~ J ~ J R L I C DEBT 
DEPAKTMENT OF THE TREASURY 
EIGI ITEENTH QUAK'I'EKLY KEPORT 
C'ORELL, ETAL. I?. h'OK7'O~V. LT.4L. 
attachments thereto. 
DEPARTMENT OF THE TREASURY 
BUREAU OF THE P U B L I C DEBT EIGHTEENTH 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 
June 1, 2004 
This is the Department of the Treasury’s (“Treasury”) Eighteenth 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 March 1, 2004 through May 31, 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. Treasury also 
continues to supply payment information to support Interior’s ongoing historical accounting 
projects. 
As previously reported in Treasury’s Fourteenth Quarterly Report filed June 2, 2003, 
Treasury notified Justice and the Special Master, on May 27, 2003, of the possibility of some 
data loss in a Microsoft Exchange database because of a hardware failure in the email system 
used by Departmental Offices (DO). Since then, Treasury has provided the Court with several 
updates and other information about the work being done to address this event, in Treasury’s 
Fifteenth and Sixteenth Quarterly Reports filed September 2, 2003 and December 1, 2003. 
Since the September 2, 2003 quarterly report, Treasury’s IT staff has worked with a 
consultant to identify a viable technical solution, ordered two 1TB Firewire cards and external 
disk drives, and prepared its servers to run these utilities. The Firewire cards and disk drives 
have been installed and the target servers have been configured to support the data restore and 
the ESEUTIL and ISINTEG utility processes. Before the ESEUTIL and ISINTEG utilities can 
be run, Treasury must load a pristine copy of the Exchange database from a backup tape onto a 
storage area network (SAN). While this is technically possible, Treasury must first address an 
unexpected situation. Treasury recently determined that its copy of the Microsoft Exchange 
database contains some classified information. The rules governing the handling of classified 
information strictly limit the ability to use the SAN, because the SAN is not secure enough for 
storage of classified information, even temporarily. DO’s IT staff has developed a proposal to 
address the situation. The proposal is being reviewed by Treasury officials with responsibility 
for ensuring compliance with the rules for handling classified information. As we have in the 
past, we will keep the Court informed of our progress. 
On March 5, 2004, Financial Management Service (FMS) issued a reminder letter to each 
bank that formerly acted as Treasury’s financial agent, reminding them to continue to retain, 
indefinitely, records associated with Interior’s deposits to Treasury’s General Account. A copy 
of the letter is annexed hereto as Attachment A. 
1
On March 22,2004, the Treasury Relations and Support Office of the Federal Reserve 
Bank of St. Louis issued an email to its Treasury business leaders, district liaisons and product 
office contacts, throughout the Federal Reserve System, instructing them to remind their staffs to 
continue following established record retention procedures for this litigation and to review their 
procedures to ensure that any Treasury records transferred among offices continue to be retained. 
The email also confirmed that each Federal Reserve Bank has a process in place for reminding 
new employees of the retention requirements. 
In April 2004, Treasury hosted a series of records and information management briefings 
and training events attended by senior executive managers and employees. The series included 
briefings on electronic records preservation and discovery and The Sedona Principles. 
2 INDEX TO ATTACHMENTS 
The Department of the Treasury’s Eighteenth Quarterly Report 
June I , 2004 
Attachment A Example of March 5,2004 letter sent by FMS to all banks that 
formerly acted as Treasury’s financial agents, reminding them to 
continue to retain, indefinitely, records associated with Interior’s 
deposits to Treasury General Accounts at those banks. .- 
FINANCIAL MANAGEMENT SERVICE 
WASHINGTON, D.C. 20227 
Dear Sir: 
Attachment A 
Please continue to follow t h e instructions stated i n FMS' letters 
to YOUK financial institution dated July 9, 1999, August 2, 1999, 
December 16, 1999, September 7, 2000, February 15, 2001, August 
17, 2001, February 15, 2002, August 15, 2002, January 2 2 , 2003, 
a n d August 11, 2003 regarding document retention. Due to ongoinq 
al. v. Norton, et al,, Civ. No. 1- litisation [Cobell, et 
96CV01285 D . C . ) 1 , your financlal institution must retain, 
until f u r t h e r notice: 
( D . 
S t a n d a r d Form 215, Standard F o r m 5515 and a n y supporting 
documentation, IN ALL FORMS AND MEDIA, associated with 
t r a n s a c t i o n s relating t o deposits received from the 
Department of t h e I n t e r i o r for credit to t h e Treasury's 
General Account (TGA). This includes paper, electronic, 
microfilm, microfiche, or any other media. 
If you have n o t already done s o , please designate a p o i n t o f 
contact at your financial institution to disseminate these record 
retention instructions t o appropriate personnel a t your 
organization (including records management personnel). Please 
ensure that an appropriate dissemination process is in place and 
is b e i n g followed at your financial institution. 
If t h e s e r e t e n t i o n instructions create a problem for your 
operations, please send your c o n c e r n s in w r i t i n g to the Fi2lanciaL 
Services Division at 401 14th S t r e e t , S . W . , Room 3048, 
Washington, DC 20227, as soon as possible. 
Thank you for your continuing cooperation in this matter. If you 
have any questions, you may contact Leo Warring a t ( 2 0 2 ) 874-7148 
or me at (202) 874-6762. 
F i n a n c i a l Services Division 
A/C Federal Finance 
DEPARTMENT OF THE TREASURY 
March 05, 2004 
Sincerely, 
Alexa Urban, Director