Materials re: National Academy of Sciences, Water Dev. Act evaluations

Beryl Lipton filed this request with the Department of the Interior, Office of Surface Mining of the United States of America.
Tracking # OSM-2016-00045 ; OS-2016-00144
Est. Completion None
Status
No Responsive Documents

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all procedurals materials, directives, memos, or any other materials regarding the evaluation by the National Academy of Sciences (or other outside organizations) of regulations proposed by the Department of the Interior. For example, H.R. 1644 [https://www.congress.gov/bill/114th-congress/house-bill/1644], which recently passed the House of Representatives, states:

"Interior shall arrange with the National Academy of Sciences for its Board on Earth Sciences and Resources to conduct a detailed, comprehensive study of the effectiveness of the "Surface Coal Mining and Reclamation Operations Permanent Regulatory Program; Stream Buffer Zones and Fish, Wildlife, and Related Environmental Values" Final Rule in protecting perennial and intermittent streams through the use of stream buffer zones. The study shall include suggestions and recommendations for increasing the effectiveness of the rule if it finds regulatory inefficiencies.

Appropriations for the study are authorized for FY2016-FY2017.

Until one year after publication of the Board's report to Congress, Interior may not issue any proposed or final regulations under the Act that relate either to stream buffer zones or to stream protection."

I am interested in all materials related to this process, either in this instance or more generally. Should further clarification be necessary, I would happily speak on the phone at a time convenient for one of your FOIA officers.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Beryl C.D. Lipton

From: OS, OS FOIA

Dear Beryl Lipton,

Please find enclosed the final response letter for FOIA request
OS-2016-00144.
Thanks,
Cindy

--
Department of the Interior
Office of the Secretary, FOIA Office
1849 C Street, NW, MS-7328
Washington, D.C. 20240
os_foia@ios.doi.gov
(202) 513-0765 - phone
(202) 219-2374 - fax

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all procedurals materials, directives, memos, or any other materials regarding the evaluation by the National Academy of Sciences (or other outside organizations) of regulations proposed by the Department of the Interior. For example, H.R. 1644 [https://www.congress.gov/bill/114th-congress/house-bill/1644], which recently passed the House of Representatives, states:

"Interior shall arrange with the National Academy of Sciences for its Board on Earth Sciences and Resources to conduct a detailed, comprehensive study of the effectiveness of the "Surface Coal Mining and Reclamation Operations Permanent Regulatory Program; Stream Buffer Zones and Fish, Wildlife, and Related Environmental Values" Final Rule in protecting perennial and intermittent streams through the use of stream buffer zones. The study shall include suggestions and recommendations for increasing the effectiveness of the rule if it finds regulatory inefficiencies.

Appropriations for the study are authorized for FY2016-FY2017.

Until one year after publication of the Board's report to Congress, Interior may not issue any proposed or final regulations under the Act that relate either to stream buffer zones or to stream protection."

I am interested in all materials related to this process, either in this instance or more generally. Should further clarification be necessary, I would happily speak on the phone at a time convenient for one of your FOIA officers.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Beryl C.D. Lipton

From: FOIA, OSM

Dear Mr. Beryl Lipton

Thank you for your request. Your request was received in the Office of
Surface Mining Reclamation and Enforcement (“OSM”) FOIA office for
processing on January 20, 2016, and assigned control number *OSM-2016-00045*.
Please cite this number in any future communications with our office
regarding your request.

*Scope Unclear*

The scope of your request is unclear. The FOIA requires that requests
describe the records sought with sufficient detail to allow an agency
employee familiar with the subject area of the request to locate the
records with a reasonable amount of effort. Your request does not
adequately describe the records sought, therefore, we are unable to process
it at this time. If you wish to pursue your request, please provide us
with the specific title of the proposed regulation or regulations that the
records you are seeking concerns.

According to our regulations, if we do not receive your written response
clarifying what records you are looking for *within 20 workdays* from the
date of this letter, we will presume that you are no longer interested in
pursuing your request, we will not be able to comply with your request, and
we will close our file on it. *See **43 C.F.R. § 2.5(d)*
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.2.5.3>
.

*Appeal Rights*

You may appeal this response to the Department’s FOIA/Privacy Act Appeals
Officer. If you choose to appeal, the FOIA/Privacy Act Appeals Officer
must receive your FOIA appeal *no later than 30 workdays* from the date of
this letter. Appeals arriving or delivered after 5 p.m. Eastern Time,
Monday through Friday, will be deemed received on the next workday.

*Your appeal must be made in writing*. You may submit your appeal and
accompanying materials to the FOIA/Privacy Act Appeals Officer by mail,
courier service, fax, or email. All communications concerning your appeal
should be clearly marked with the words: "FREEDOM OF INFORMATION APPEAL."
You must include an explanation of why you believe the OSMRE’s response is
in error. You must also include with your appeal copies of all
correspondence between you and the OSMRE concerning your FOIA request,
including your original FOIA request and the OSMRE's response. Failure to
include with your appeal all correspondence between you and the OSMRE will
result in the Department's rejection of your appeal, unless the
FOIA/Privacy Act Appeals Officer determines (in the FOIA/Privacy Act
Appeals Officer’s sole discretion) that good cause exists to accept the
defective appeal.

Please include your name and daytime telephone number (or the name and
telephone number of an appropriate contact), email address and fax number
(if available) in case the FOIA/Privacy Act Appeals Officer needs
additional information or clarification of your appeal.

If you have any questions regarding our response to your request, or any of
the issues discussed in this letter, you may contact me.

Sincerely,

Dele Awoniyi
Department of the Interior
Office of Surface Mining, FOIA Officer
MS SIB 257, 1951 Constitution Avenue, N.W.
Washington, D.C. 20240
Telephone (202) 208-5840

From: FOIA, OSM


From: Beryl Lipton

Hi there,

I'd like to clarify the scope of my request. I'd be interested in receiving all materials - including requests, contracts, and communications - regarding reports created in conjunction or support of Public Laws 106-541 and 110-114, related to the Water Resources Development Act of 2000, Water Resources Development Act of 2007, and the Water Resources Reform and Development Act of 2014.

Thank you very much for your help. Please let me know if further clarification is necessary.

Best,
Beryl

From: FOIA, OSM

Dear Ms. Beryl Lipton

We are writing to respond to your request. After a search of our files,
the Office of Surface Mining Reclamation and Enforcement did not locate
records responsive to your request.

You may appeal this response to the Department’s FOIA/Privacy Act Appeals
Officer. If you choose to appeal, the FOIA/Privacy Act Appeals Officer
must receive your FOIA appeal *no later than 30 workdays* from the date of
this email. Appeals arriving or delivered after 5 p.m. Eastern Time,
Monday through Friday, will be deemed received on the next workday.

*Your appeal must be made in writing*. You may submit your appeal and
accompanying materials to the FOIA/Privacy Act Appeals Officer by mail,
courier service, fax, or email. All communications concerning your appeal
should be clearly marked with the words: "FREEDOM OF INFORMATION APPEAL."
You must include an explanation of why you believe the Office of Surface
Mining Reclamation and Enforcement’s response is in error. You must also
include with your appeal copies of all correspondence between you and the
Office of Surface Mining Reclamation and Enforcement concerning your FOIA
request, including your original FOIA request and Office of Surface Mining
Reclamation and Enforcement’s response. Failure to include with your
appeal all correspondence between you and Office of Surface Mining
Reclamation and Enforcement will result in the Department's rejection of
your appeal, unless the FOIA/Privacy Act Appeals Officer determines (in the
FOIA/Privacy Act Appeals Officer’s sole discretion) that good cause exists
to accept the defective appeal.

Please include your name and daytime telephone number (or the name and
telephone number of an appropriate contact), email address and fax number
(if available) in case the FOIA/Privacy Act Appeals Officer needs
additional information or clarification of your appeal.

*DOI FOIA/Privacy Act Appeals Office Contact Information*

Department of the Interior
Office of the Solicitor
1849 C Street, N.W.
MS-6556 MIB
Washington, DC 20240

Attn: FOIA/Privacy Act Appeals Office

Telephone: (202) 208-5339
Fax: (202) 208-6677
Email: FOIA.Appeals@sol.doi.gov

*Office of Government Information Services Meditation*

For your information, Congress excluded three discrete categories of law
enforcement and national security records from the requirements of FOIA.
*See* 5 U.S.C. 552(c) <http://www.justice.gov/oip/amended-foia-redlined.pdf>.
This response is limited to those records that are subject to the
requirements of FOIA. This is a standard notification that is given to all
our requesters and should not be taken as an indication that excluded
records do, or do not, exist.

The 2007 FOIA amendments created the Office of Government Information
Services (OGIS) to offer mediation services to resolve disputes between
FOIA requesters and Federal agencies as a non-exclusive alternative to
litigation. Using OGIS services does not affect your right to pursue
litigation. You may contact OGIS in any of the following ways:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road - OGIS
College Park, MD 20740-6001
E-mail: ogis@nara.gov
Web: https://ogis.archives.gov
Telephone: 202-741-5770
Fax: 202-741-5769
Toll-free: 1-877-684-6448

Please note that using OGIS services does not affect the timing of filing
an appeal with the Department’s FOIA & Privacy Act Appeals Officer.

If you have any questions regarding our response to your request, or any of
the issues discussed in this letter, you may contact me.

Sincerely,

Dele Awoniyi
Department of the Interior
Office of Surface Mining, FOIA Officer
MS SIB 257, 1951 Constitution Avenue, N.W.
Washington, D.C. 20240
Telephone (202) 208-5840

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