DEPARTMENT OF THE INTERIOR
Freedom of Information Act 2002 Annual Report
(October 1, 2001 - September 30, 2002)
I. Basic Information Regarding Report
A. Questions about the report should be directed to: Alexandra Mallus B. The electronic address for this report on DOI's World
Wide Web site is:
Departmental FOIA Officer
Office of the Chief Information Officer (OCIO)
Department of the Interior (DOI)
1849 C Street, NW
MS-5312-MIB
Washington, DC 20240
Telephone No.: (202) 208-5342
http://www.doi.gov/foia/02anrep.htm.
C. A copy of this report in paper form may be obtained by contacting the Departmental FOIA Officer (see A, above).
II. How to Make a FOIA Request (see DOI's Guide for Obtaining Information which is located at the following Internet address: http://www.doi.gov/foia/foitabl.htm).
A. FOIA requests should be submitted to the FOIA contact at the bureau/office where the records are maintained. A list of the Department's bureaus/offices is provided below. If it is unclear where to send the request, contact the Departmental FOIA Officer. A list of DOI's FOIA contacts may be found at the following Internet address: http://www.doi.gov/foia/contacts.html.
Bureaus/Offices
Office of the Secretary (OS)
Office of Hearings and Appeals (OHA)
Office of Aircraft Services (OAS)
Office of Inspector General (OIG)
Office of the Solicitor (SOL)
Office of Surface Mining (OSM)
Minerals Management Service (MMS)
Bureau of Land Management (BLM)
Fish & Wildlife Service (FWS)
National Park Service (NPS)
Bureau of Reclamation (BOR)
U.S. Geological Survey (USGS)
Bureau of Indian Affairs (BIA)B. While the median number of days for DOI's bureaus and offices to process requests ranges from 10 - 58 days (see VII.A.1.b.), the timeframes in a large, highly decentralized organization, such as DOI, are often longer than they would be in a small, centralized agency. In DOI, the response time varies considerably depending on the existing workload, the complexity of the request, the volume of responsive records, and the need to consult and coordinate with other bureaus/offices and agencies.
.
C. In accordance with its FOIA regulations, DOI makes records available to the public unless the information is protected from disclosure by one or more of the nine specific FOIA exemptions (see 43 CFR § 2.21(b)(2)). Some requests are not granted due to one of the reasons cited in V.B.4., below (see DOI's FOIA regulations, 43 CFR § 2.21(e))
III. Definitions of Terms and Acronyms Used in the Report
IV. Exemption 3 Statutes
V. Initial FOIA/PA Access RequestsA 1. and 2. List of Exemption 3 statutes relied on by DOI during current fiscal year with a brief description of the type of information withheld under each statute, and a statement of whether a court has upheld the use of each statute.
a. Archaeological Resources Protection Act of 1979, 16 U.S.C. § 470hh(a).
1) Used to withhold information describing historical, archaeological, and cultural resources and their locations, archaeological inventory surveys, and an archaeological and historic site map.
2) Pertinent litigation:
Starkey v. United States Department of the Interior, et al., Civil No. 01CV1458 (S.D. Calif. Dec. 15, 2002) (finding that the agency properly withheld, pursuant to exemption (3), narrative descriptions of archaeological resources, descriptions of objects, and commentary on their condition).
b. National Defense Authorization Act For Fiscal Year 1997 (contains a provision which amends the Federal Property and Administrative Services Act of 1949 (41 U.S.C. § 253b)).
1) Used to withhold certain information in contractor proposals.
2) DOI is not aware of any court cases upholding the use of this statute.
c. National Parks Service Omnibus Management Act of 1998 (16 U.S.C. § 5937).
1) Used to withhold information describing several threatened and endangered species located at a specific park and maps indicating the locations of populations of the referenced threatened and endangered species.
2) Pertinent litigation:
(i) Southwest Center for Biological Diversity v. Department of Agriculture, No. Civ. 98-1022-PHX-SMM (D. Ariz. Sept. 28, 2000) (determining that section 207 of the National Parks Omnibus Management Act of 1998 is an exemption (3) statute that protects all information in Forest Service records that identifies the location of goshawk nest sites located within one square mile of a National Park boundary); and
(ii) Pease v. United States Department of the Interior, No. 1:99CV113, slip op. at 2, 4 (D. Vt. Sept. 17, 1999) (finding that the agency properly withheld, pursuant to exemption (3) (section 207 of the National Parks Omnibus Management Act of 1998), certain information pertaining to the location, tracking and/or radio frequencies of grizzly bears in the Yellowstone National Park ecosystem).
d. National Historic Preservation Act Amendments of 1980, 16 U.S.C. § 470w-3.
1) Used to withhold information regarding the specific location of historic property, and an archaeological and historic site map.
2) DOI is not aware of any court cases upholding the use of this statute.
|
879* |
|
2,212 764 193 |
|
0
25 18 91 349 367 63 12 92 14 21 9 0 4 |
4. Other reasons for nondisclosure (total) 1,209
|
462 |
VI. Appeals of Initial Denials of FOIA/PA Requests.
1. Number of appeals received during
fiscal year
2. Number of appeals processed
during fiscal year
|
236*
165 |
|
82
17 66 |
- a. Number of times each FOIA exemption used (counting each exemption once per appeal)
(1) Exemption 1
(2) Exemption 2
(3) Exemption 3
(4) Exemption 4
(5) Exemption 5
(6) Exemption 6
(7) Exemption 7(A)
(8) Exemption 7(B)
(9) Exemption 7(C)
(10) Exemption 7(D)
(11) Exemption 7(E)
(12) Exemption 7(F)
(13) Exemption 8
(14) Exemption 9 0
1
1
2
5
8
4
0
3
0
0
0
0
14. Other reasons for nondisclosure (total) 74
a. no records
b. referrals
c. request withdrawn
d. fee-related reason
e. records not reasonably described
f. not a proper FOIA request for some other reason
g. not an agency record
h. duplicate request
i. other(specify)
- Appeals moot due to litigation
- New FOIA request
- Denial of expedited processing
- Not an appeal41
0
2
12
1
0
0
1
17
10
4
1
2
VII. Compliance with Time Limits/Status of Pending Request
A. Median processing time for requests processed during the year.
1. Regular requests
- a. number of requests processed
- b. median number of days to process (by bureau/office)
- OS (includes OHA)
- OAS
- OIG
- SOL
- OSM
- MMS
- BLM
- FWS
- NPS
- BOR
- USGS
- BIA
4,332
28
10
58
13
18
12
19
33
19
15
18
24
2. Requests accorded expedited processing
- a. number of requests processed
- b. median number of days to process (by bureau/office)
- OS (includes OHA)
- OAS
- OIG
- SOL
- OSM
- MMS
- BLM
- FWS
- NPS
- BOR
- USGS
- BIA
*(NOTE: DOI does not use multitrack processing at this time.)
46
0
0
10
0
0
0
5
6
20
9
0
33
|
902 |
VIII. Comparisons with Previous Year(s) (Optional)
A. Comparison of numbers of requests received
- 14% decrease from FY 2001
B. Comparison of numbers of requests processed
- 12% decrease from FY 2001
C. Comparison of median numbers of days requests were pending as of end of fiscal year - N/A
D. Other statistics significant to agency - Not available
E. Other narrative statements describing agency efforts to improve timeliness of FOIA performance and to make records available to the public (e.g., backlog - reduction efforts, specification of average number of hours per processed request; training activities; public availability of new categories of records):- On October 2, 2002, the Department implemented a new electronic Freedom of Information Act Tracking System (EFTS). This Departmental application was developed in FY 2002 by a contractor and is the first centralized system to manage FOIA requests electronically Departmentwide. The EFTS is a web-based system that is being used by all bureaus/offices with Internet access, both in headquarters and the field, to track and manage their requests. The system will improve the overall efficiency of the FOIA process in DOI by reducing the time in processing requests, ensuring consistency in document releasability, facilitating reporting and reviews, reducing appeals and litigation, and improving customer service.
- In FY 2002, the Department finalized the rule implementing DOI's revised FOIA regulations (43 CFR Part 2, Subparts A thru E). The revised regulations were effective November 20, 2002.
- The Department and the bureaus continue to enhance their FOIA home pages making more information available on-line. This has contributed to a decrease in the number of FOIA requests received by some bureaus.
- Most bureaus/offices now accept and respond to FOIA requests electronically--several bureaus have developed an on-line form which the public can use to submit their requests to the bureaus electronically.
- In March, the Department conducted specialized training for employees attending the American Society of Access Professionals Western Symposium.
- During FY 2002, the Department provided assistance to the Bureau of Indian Affairs (BIA), Fish and Wildlife Service (FWS), and the Bureau of Land Management (BLM) in conducting FOIA/Privacy Act training for their employees in the field. The Department also provided two FOIA/Privacy Act training to employees through the DOI University.
- SOL continues to hold brown bag lunches periodically for its attorneys, both in headquarters and the field, and Departmental personnel working in the area of information access law; pertinent FOIA/Privacy Act issues are discussed.
- In FY 2002, the following bureaus conducted FOIA/Privacy Act training for their employees:
BIA - 3 sesions
FWS - 1 session
BLM -1 session- In FY 2002, BLM completed development of a web-based FOIA training module which will be made available to its employees in FY 2003. BLM also hired a contractor to work full-time in headquarters to assist in reducing its FOIA backlog.
- In FY 2002, NPS focused on reducing the bureau's FOIA backlog. As part of this effort, the Bureau FOIA Officer provided one-on-one training and assistance to the Washington program offices.
F. Number of requests for expedited processing received _53
__Number of requests for expedited processing granted __46
IX. Costs/FOIA Staffing.
A. Staffing Levels.
|
31 96 127 |
B. Total Costs (including staff and all resources).
|
$6,233,400 $255,589 $6,488,989 |
- Additional resources are needed throughout the Department to ensure total compliance with the FOIA. This is especially true in the bureaus and offices where FOIA is handled as a "collateral duty." Although the number of FOIA requests received by the Department has slightly decreased over the past few years, bureaus/offices are receiving increasingly complex and voluminous requests. Many of these requests require coordination with other components in DOI and other Federal agencies. Such requests take longer to process-this adds to the Department's FOIA backlog. In addition, the number of appeals received and the increased focus on E-FOIA and Privacy Act requirements have added to the existing workload burden. Additional staffing is needed for the FOIA program both at the Department level and the bureau level. In some bureaus, there has been a significant turnover in FOIA personnel. Resources are needed to train FOIA Coordinators in order to bring them up to the appropriate level of expertise. Finally, additional funding is required for operation and maintenance of the new electronic FOIA tracking system, as well as for any future upgrades, including the appeals, litigation and document management modules.
X. Fees
|
$70,474
1% |
XI. FOIA Regulations (Including the Fee Schedule)
A copy of DOI's FOIA regulations, including the fee schedule (43 CFR Part 2, Subparts A thru E) may be found at the following Internet address: http://www.doi.gov/foia/FOIARegulations.pdf. A copy of the regulations in paper form may be obtained by contacting the Departmental FOIA Officer (see I. A., above).
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