First FOIA (U.S. Geological Survey)

Dear Ms. Best:

On May 21, 2019, the USGS Freedom of Information Act (FOIA) office received
your FOIA request, and assigned it control number *USGS-2019-00134*.
Please cite this number in any future communications with our office
regarding your request. You request the following information generated as
part of the creation of the FOIA office:

1. The instruction to do so from the Agency, as well as any guidance
from the senior leadership

2. Documents discussing proposals and procedures

3. Any legal guidance or analysis produced or acquired by the Agency
in response to or as part of the creation of the FOIA office

4. Internal documents from the press office, legislative liaison's
office (or equivalent), general counsel's office (or equivalent),
director's office (or equivalent) or the newly created FOIA office,
reacting to or characterizing the office and its creation

· A copy of the agency's first perfected (successful) FOIA request

· Copies of other FOIA requests filed before the FOIA request
described above

· Processing notes, search slips and response documents regarding
the FOIA requests described above

· The first set of guidelines, instructions and/or forms created to
control the agency's processing of FOIA requests

· A copy of the agency's first successful FOIA appeal

· Copies of other FOIA appeals received by the agency before the
appeal described above

· Processing notes, search slips and response documents regarding
the FOIA appeals described above

· The first set of guidelines, instructions and/or forms created to
control the agency's processing of FOIA appeals

We have classified you as a representative of the “news media” requester.
As such, we may charge you for some of our duplication costs, but we will
not charge you for our search or review costs; you also are entitled to up
to 100 pages of photocopies (or an equivalent volume) for free. *See
<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#43:1.1.1.1.2.7.5.3>**43
C.F.R. § 2.39
<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#43:1.1.1.1.2.7.5.3>*.
If, after taking into consideration your fee category entitlements, our
processing costs are less than $50.00, we will not bill you because the
cost of collection would be greater than the fee collected. *See
<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#43:1.1.1.1.2.7.5.13>**43
C.F.R. § 2.49(a)(1)
<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#43:1.1.1.1.2.7.5.13>**.
*You can expect to hear from us promptly regarding the outcome of this
search.

You have asked us to waive the fees for processing your request. Our FOIA
regulations state that bureaus will waive, or partially waive, fees if
disclosure of all or part of the information is:

1. In the public interest because it is likely to contribute significantly
to public understanding of government operations or activities, and

2. Not primarily in your commercial interest.

*See
<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#43:1.1.1.1.2.7.5.9>**43
C.F.R. § 2.45(a)
<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#43:1.1.1.1.2.7.5.9>*.
Our FOIA regulations also provide four specific criteria that are used to
determine whether these two requirements are met. *See
<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#43:1.1.1.1.2.7.5.12>**43
C.F.R. § 2.48(a)
<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#43:1.1.1.1.2.7.5.12>*
*.* Your request meets the criteria and supports your requested fee
waiver; therefore, I approve your request and waive the FOIA processing
fees.

We use Multitrack Processing to process FOIA requests. The Simple track is
for requests that can be processed in one to five workdays. The Normal
track is for requests that can be processed in six to twenty workdays. The
Complex track is for requests that can be processed in twenty-one to sixty
workdays. The Exceptional/Voluminous track is for requests requiring more
than sixty workdays for processing. The Expedited track is for requests
that have been granted expedited processing. Within each track, requests
are usually processed on a first-in, first-out basis.

Your request falls into the *Complex* processing track. We therefore
anticipate that we will complete a final response to you by *August 15,
2019**.* During the interim, we will attempt to provide records to you in
batches.

You may limit the scope of your request, which may enable us to process it
more quickly, or agree to an alternative time period for processing by
communicating with us or our USGS FOIA Public Liaison, Mr. Brian May, as
follows:

USGS FOIA Office

Attention: Mr. Brian A. May

5522 Research Park Drive

Baltimore, Maryland 21228

Telephone: (443) 498-5521

Fax: (443) 498-5510

E-Mail: foia@usgs.gov

Additionally, you may contact the Office of Government Information Services
(OGIS) at the National Archives and Records Administration to inquire about
the FOIA mediation services they offer. The contact information for OGIS
is as follows:

Office of Government Information Services

National Archives and Records Administration

8601 Adelphi Road-OGIS

College Park, Maryland 20740-6001

Telephone: (202) 741-5770

Toll free: 1-877-684-6448

Fax: (202) 741-5769

E-mail: *ogis@nara.gov <ogis@nara.gov>*;

Web: *https://ogis.archives.gov <https://ogis.archives.gov/>*

If you have any questions concerning your request, please contact me by
email at *foia@usgs.gov <foia@usgs.gov>* or by phone at (303) 236-2733.

Thank you for your interest in the U.S. Geological Survey.

Sincerely,

//SIGNED//

Nour Suleiman

U.S. Geological Survey

Department of the Interior

Denver Federal Center

Box 25046

Mail Stop 801A

Denver, CO 80225

(303) 236-2733 (office)

(303) 236-1451 (fax)

f <bmay@usgs.gov>oia@usgs.gov

Dear Ms. Best,

As of yet, we have been unable to make a determination on your request,
assigned tracking number USGS-2019-00134. We apologize for this delay.

Attached is a list of USGS's Open FOIA requests and the processing tracks;
your case is highlighted in yellow. Your request is currently in
5th place in our overall processing queue and 3rd in my processing queue.
DOI's policy is to process requests by processing track, on a first-in;
first-out basis. We have a backlog of 37 cases.

On June 12, 2019, we changed your request's processing track from Complex
to Normal. Based on the number of requests ahead of yours in the Normal
processing queue, we anticipate that we will complete the processing of
your request and send a final response to you by *June 28, 2019*.

Although we hope that you will wait so that we can complete our
review process, please note that you may seek dispute resolution services
from our FOIA Public Liaison and FOIA Officer, Mr. Brian May. He can be
reached at:

U.S. Geological Survey

FOIA Public Liaison

5522 Research Park Drive

Baltimore, Maryland 21228

Telephone: (443) 498-5521

Fax: (443) 498-5510

Email: foia@usgs.gov

You may also seek dispute resolution services from the Office of Government
Information Services (OGIS). If you choose to contact OGIS, you may do so
in any of the following ways:

Office of Government Information Services

National Archives and Records Administration

8601 Adelphi Road - OGIS

College Park, Maryland 20740-6001

Telephone: (202) 741-5770

Toll-free: 1 (877) 684-6448

Fax: (202) 741-5769

Email: ogis@nara.gov

Web: https://ogis.archives.gov
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Please note that you may file an appeal with the Department’s FOIA/Privacy
Act Appeals Officer regarding this delay. If you choose
to appeal this delay, you may do so anytime between now and the date we
make our determination on the FOIA request. 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 also include with your appeal copies of all
correspondence between you and USGS concerning your FOIA request, including
your original FOIA request and USGS's response. Failure to include with
your appeal all correspondence between you and USGS 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 AppealsOfficer 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, D.C. 20240

Attn: FOIA/Privacy Act Appeals Office

Telephone: (202) 208-5339

Fax: (202) 208-6677

Email: FOIA.Appeals@sol.doi.gov

Please note that using OGIS services does not affect the timing of filing
an appeal with the Department’s FOIA & Privacy Act Appeals Officer. We
regret the delay and appreciate your consideration in this matter. For
more information on FOIA Administrative Appeals, you may review the
Department's FOIA regulations at 43 C.F.R. Part 2, Subpart H
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ecfr.gov_cgi-2Dbin_text-2Didx-3Fc-3Decfr-26sid-3D0fc3ab3499768eebc2e3691c8cf88dec-26rgn-3Ddiv5-26view-3Dtext-26node-3D43-3A1.1.1.1.2-26idno-3D43&d=DwMFaQ&c=Ff2GokX4A_6S-cy_JRNEiQ&r=5fe8xvHMnQNWFUoPUJMGtXkCPTTGA70Xkgj7c_IEoF0&m=4yEoo7bGhPUszxAJDfxRBSD2RSmIXVLkjXZ_vUElgJY&s=nwbI3_sxibs_fHQBX8tygEUVy_A1X7FtR_eWsraW-UE&e=>
.

If you have any questions, please contact me by phone at (703) 648-7179, or
by email at foia@usgs.gov.

Thank you for your continued patience while we process your request.

Sincerely,

Litsa Marinos
Government Information Specialist
U.S. Geological Survey
Department of the Interior
12201 Sunrise Valley Drive, MS: 159
Reston, VA 20192
(703) 648-7179 (office)
(703) 648-7199 (fax)
f <bmay@usgs.gov>oia@usgs.gov

<oia@usgs.gov>

Dear Ms. Best:

This is our response to your Freedom of Information Act (FOIA) request
dated May 21, 2019, assigned control number 2019-00134. You requested the
following information that was generated as part of the creation of the
FOIA office:

1. The instruction to do so from the Agency, as well as any guidance
from the senior leadership

2. Documents discussing proposals and procedures

3. Any legal guidance or analysis produced or acquired by the Agency
in response to or as part of the creation of the FOIA office

4. Internal documents from the press office, legislative liaison's
office (or equivalent), general counsel's office (or equivalent),
director's office (or equivalent) or the newly created FOIA office,
reacting to or characterizing the office and its creation

· A copy of the agency's first perfected (successful) FOIA request

· Copies of other FOIA requests filed before the FOIA request
described above

· Processing notes, search slips and response documents regarding
the FOIA requests described above

· The first set of guidelines, instructions and/or forms created to
control the agency's processing of FOIA requests

· A copy of the agency's first successful FOIA appeal

· Copies of other FOIA appeals received by the agency before the
appeal described above

· Processing notes, search slips and response documents regarding
the FOIA appeals described above

· The first set of guidelines, instructions and/or forms created to
control the agency's processing of FOIA appeals

After thoroughly searching our files, the U.S. Geological Survey did not
locate records responsive to your request. I, Ms. Litsa Marinos, am
responsible for this denial.

On May 23, 2019, we approved your request for a fee waiver. As such, you
are not being charged for the processing of 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 90 workdays* from the date of this
response. 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 also include with your appeal copies of all correspondence
between you and USGS concerning your FOIA request, including your original
FOIA request and USGS's response. Failure to include with your appeal all
correspondence between you and USGS 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

Attn: FOIA/Privacy Act Appeals Office

1849 C Street, N.W.

MS-6556 MIB

Washington, D.C. 20240

Telephone: (202) 208-5339

Fax: (202) 208-6677

Email: FOIA.Appeals@sol.doi.gov

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 nonexclusive 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 (OGIS)

National Archives and Records Administration

Room 2510

8601 Adelphi Road

College Park, Maryland 20740-6001

Telephone: (202) 741-5770

Fax: (202) 741-5769

Toll-free: 1-877-684-6448

Email: *ogis@nara.gov <ogis@nara.gov>*

Web: *https://ogis.archives.gov <https://ogis.archives.gov>*

Please note that using OGIS services does not affect the timing of filing
an appeal with the Department’s FOIA & Privacy Act Appeals Officer. You
also may seek dispute resolution services from our FOIA Public Liaison, Mr.
Brian May, USGS Freedom of Information Act (FOIA) Officer, at the following
address:

U.S. Geological Survey

Department of the Interior

5522 Research Park Drive

Baltimore, MD 21228

Telephone: (443) 498-5521 (office)

Telephone: (443) 750-2620 (work cell)

Fax: (443) 498-5510

Email: foia@usgs.gov

If you have any questions I can be reached at foia@usgs.gov, or by phone at
(703) 648-7179.

Thank you for your interest in the U.S. Geological Survey.

Sincerely,

Litsa Marinos
Government Information Specialist
U.S. Geological Survey
Department of the Interior
12201 Sunrise Valley Drive, MS: 159
Reston, VA 20192
(703) 648-7179 (office)
(703) 648-7199 (fax)
f <bmay@usgs.gov>oia@usgs.gov