Records Management
June 13, 2008
In Reply Refer to:
2200 (CA-931) P
EMS TRANSMISSION: 6/13/08
Instruction Memorandum No. CA-2008-020
Expires: 09/30/09
To: Deputy State Directors, CDD District Manager, All Field Managers
Attention: All Resources, Minerals and Records Employees
From: Deputy State Director, Support Services
Subject: Review, Documentation and Movement of Non-Indian Fiduciary Trust Records
(Non-IFTR)
Program Area: Records Management
Purpose: To provide information on completing required actions prior to movement of non-IFTR (land, mineral, and mining claim case file records).
Background: Due to ongoing litigation, numerous memoranda and policy guidance memos prohibiting Bureau employees and contractors from moving land, mineral, and mining claim case file records between offices were issued over a period of years beginning around 2002. On October 3, 2005, WO Instruction Memorandum No. 2006-013 reinstated existing rules for the movement of non-IFTR and provided special instructions for the movement of IFTR (see attached link). This IM addresses non-IFTR only. The suspension of shipment and/or transporting of non-IFTR (land, mineral, and mining claim case file records) has been lifted and disposition schedule procedures in California have resumed.
Action: Lands and mineral case file records cannot be shipped or transported unless the originating office first reviews the case files to determine whether the files contain Indian Trust data. This requirement applies to all land, mineral, and mining claim case file records, including:
(1) Any record retrieved from the Federal Records Center (FRC) and (2) case files or records traveling to the Title and Records Section (CA-942) for records notation. The FRC does not have the procedures nor does it have the qualifications to review requested files before shipping files to the requester. Therefore, before a file is returned to the FRC it must meet the requirements of review, verification, and documentation. Until a case has been reviewed and a verification statement added to the applicable LR2000 serial page record(s), a file should not be sent or transported from a district/field office or from CASO.
To accomplish the review, verification, and documentation of land, mineral, and mining claim case files, you must complete the following:
1. First, review/screen the case file to segregate IFTR from non-IFTR. Screeners should be specialists familiar with the particular case type. Specific criteria exist that distinguish IFTR from non-IFTR (see attached link to WO IM No. 2006-013 below). When a file is determined to contain IFTR you must retain the case file and all related documents. Please contact the State Office Dockets Clerk for specific criteria and instructions.
2. Second, when a land, mineral or mining claim case file is determined not to contain IFTR, this determination must be reflected in LR2000 and a printed updated serial register page placed as the top document inside the case file. To document this determination, a statement must be added to the "Remarks" section of the LR2000 serial page record(s). The exact wording of the statement is vital for reporting purposes and should not be altered. The statement should read: “VERIFIED CASE DOES NOT CONTAIN INDIAN TRUST DATA;” The semi-colon must be included as part of the statement or the record will not be searchable.
a. Mining Claim case files (CASO): If a file contains a range of serial numbers each serial page record in LR2000 will be noted as to its Indian Trust verification. However, only the serial register page for the lead file will be printed and placed as the top document in the case file, with a handwritten notation adding the range of serial numbers at the top of the page. For example, if the range of numbers is CAMC 12346 through CAMC 12350, the verifier will add -50 after CAMC 12346 at the top of the page so the number reads CAMC 12346-50 as written acknowledgement that all of the cases in the file have been reviewed, verified and the notation documented.
3. Third, if a case file pre-dates LR2000 and is not entered in LR2000 because the case was closed prior to automation, there is no need to enter the record into LR2000. In these circumstances, the case should be reviewed for any applicable data and if the case does not contain any Indian Trust data, then the verification statement should be typed on a blank page and that page placed as the top document in the case file. It also would be appropriate to document the date of the review and verification.
If there are any questions regarding this guidance please contact the CASO Dockets Clerk, Pamela Graham at 916-978-4413 or for questions specifically relating to LR2000 please contact Sonia Santillan at 916-978-4420.
Signed by:
Karen Barnette
DSD, Support Services
Authenticated by:
Richard A. Erickson
Records Management
Attachment:
WO IM-2006-013 (4 pp)