IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 

ELOUISE PEPION COBELL, et al., ) 
)  
Plaintiffs,  )  
)  
v.  )  Case No. 1:96cv01285(JR)  
)  
KEN SALAZAR, Secretary of the Interior,  )  
et al.,  )  
)  
Defendants.  )  

__________________________________________) 
NOTICE OF FILING OF THE THIRTY-EIGHTH QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY 
The Department of the Treasury has prepared its Thirty-Eighth 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 1, 2009 Respectfully submitted, 
TONY WEST 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 R. 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 

CERTIFICATE OF SERVICE 
I hereby certify that, on June 1, 2009 the foregoing Notice of Filing of the Thirty-Eighth 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 I, 2009 

MEMORANDUM FOR:  TONY WEST ASSISTANT ATTORNEY GENERAL CIVIL DIVISION U.S. DEPARTMENT OF JUSTICE  
FROM:  PAULG. WOLFTEICH~/././~ Y CHIEF COUNSEL ~A./~ BUREAU OF THE PUBLIC DEBT DEPARTME T OF THE TREASURY  
SUBJECT:  THIRTY-EIGHTH QUARTERLY REPORT COBELL v. SALAZAR  

Included with this cover memorandum is the "Thirty-Eighth Quarterly Report on Actions Taken by the Department of the Treasury to Retain 11M-Related Documents Necessary for an Accounting" (the Report). The Report has been prepared by the Department of the Treasury pursuant to the Court Order and Opinion in Cobell v. Babbitt (D.D.C. CV No. 96-1285), filed December 2 I, 1999. 
The Report includes specific infonnation concerning the Financial Management Service ("FMS"), and morc general infonnation relating to the Bureau of the Public Debt ("BPD"), and certain Departmental Offices. The Report's preparation included circulation ofdrafts to program offices that are responsible for the actions described in the Report. Senior officials at FMS and BPD reviewed the Report before it was submitted to the Department ofJustice. 
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-EIGHTH QUARTERLY REPORT ON ACTIONS TAKEN 
BY THE DEPARTMENT OF THE TREASURY TO RETAIN 
IIM-RELATED DOCUMENTS NECESSARY FOR AN ACCOUNTING 

Cobell v. Salazar 
June 1, 2009 
This is the Thirty-Eighth 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, 2009 through May 31, 2009. 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 Regional Financial Center (RFC) in San Francisco, California, and the RFC in Kansas City, Missouri, and also provided six briefings to new employees during Entrance on Duty sessions during the quarter. 
The Office of Chief Counsel at FMS began planning for a mandatory litigation update and discussion series that will provide to all FMS employees updates on litigation and reminders of the specific document retention requirements that apply to FMS and of the continuing obligation to preserve certain materials.