IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) Case No. 1:96CV01285 ) (Judge Robertson) DIRK KEMPTHORNE, Secretary of the Interior, ) et al., ) ) Defendants. ) __________________________________________) NOTICE OF FILING OF THE THIRTY-FOURTH QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY The Department of the Treasury has prepared its Thirty-Fourth 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: June 2, 2008 Respectfully submitted, 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 2 CERTIFICATE OF SERVICE I hereby certify that, on June 2, 2008 the foregoing Notice of Filing of the Thirty-Fourth 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 DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT WASHINGTON. DC 20239-0001 June 2, 2008 MEMORANDUM FOR: GREGORY G. KATSAS ACTING ASSISTANT ATTORNEY GENERAL CIVIL DIVISION U.S. DEPARTMENT OF JUSTICE FROM: PAULG.WOLFTEICq...d~ CHIEFCOUNSEL u~ ~ BUREAU OF THE PUBLIC DEBT DEPARTMENT OF THE TREASURY SUBJECT: THIRTY-FOURTH QUARTERLY REPORT COBELL v. KEMPTHORNE Included with this cover memorandum is the "Thirty-Fourth Quarterly Report on Actions Taken by the Department of the Treasury to Retain IlM-Related Documents Necessary for an Accounting" (the Report). The Report has been prepared by the Department ofthe Treasury pursuant to the Court Order and Opinion in Cabell v. Babbitt (D.D.C. CV No. 96-1285), filed December 21, 1999. The Report includes information concerning the Financial Management Service ("FMS"), the Bureau of the Public Debt ("BPD"), and certain Departmental Offices ("DO"). The Report was prepared based on information provided by a number of program offices from the above-described organizations. The preparation of the Report included circulation of drafts of the Report to program offices that are responsible for the actions described in the Report. Comments were received from those offices and incorporated in the Report. Senior officials of FMS and BPD reviewed the Report before it was submitted to the Department of Justice. The Department of the Treasury stands ready to respond to any questions or concerns the Court may have after reviewing the Report. www.treasurydirect.gov THIRTY-FOURTH QUARTERLY REPORT ON ACTIONS TAKEN BY THE DEPARTMENT OF THE TREASURY TO RETAIN IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTING Cobell v. Kempthorne June 2, 2008 This is the Thirty-Fourth 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 March 1, 2008 through May 31, 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 records that Treasury must retain. During the period covered in this Report, Treasury had no reports of loss of any documents or data covered by the retention order. Treasury continued to direct other Federal agencies, banks, and employees of the Treasury on the preservation of records related to this litigation, as described in its Thirty-Third Quarterly Report.