FOIA March Madness 2019 - Exhibition bracket - FOIA funding, staffing, and activities (U.S. Geological Survey)

Dear Ms. Lipton:

On March 15, 2019, the USGS Freedom of Information Act (FOIA) office
received your FOIA request, and assigned it control number *USGS-2019-00097*.
Please cite this number in any future communications with our office
regarding your request. You request the following information:

1) For the years 2017, 2018, and 2019, all budget materials or plans
applicable to offices responsible for processing and response to FOIA
requests and appeals submitted to the Bureau and its offices.

2) For the years 2017 and 2018, staffing reports and plans, including
the count of employee numbers and for offices responsible for processing
and responses to FOIA requests and appeals submitted to the Bureau and its
offices.

If this report is available in a form that includes the total number of
hours worked for FOIA personnel, that version would be preferred.

If reports are available for each month, that version is preferred.

3) All staffing reports and plans for the year 2019

If reports are available for each month, such a version is preferred.

4) Contact information, including email addresses and phone numbers (if
available), for each FOIA officer currently tasked with an open public
records request

5) For the years 2017 and 2018, the designated category of each
requester of a FOIA request to this office, including those assigned to the
following categories:

· commercial;

· educational and noncommercial scientific institutions;

· representative of news media requester;

· all other requesters

If this information is kept in an aggregate form including the number of
requesters by fee category by year, a copy of this report will suffice to
fulfill this element of the request.

6) For the years 2017 and 2018, the number of fee waivers granted by
this office and, if available, the tracking numbers for the FOIA requests
to which waivers were granted

7) For the years 2017 and 2018, any report capturing the following
information:

· total estimated processing and copy fees quoted to FOIA requesters

· total processing and copy fees collected by this Bureau from each
fee category

If this information is kept in an aggregate form, such as a FOIA log, that
material would be sufficient to satisfy the bullet points “FOIA requester
categories” and “FOIA fee collection” if it captures the following
information:

· FOIA tracking number

· requester fee category

· amount processing and copy fees associated with the request

· the status of the requester’s payment for the request

8) For the years 2017 and 2018, any and all reports of self-assessments
conducted by FOIA Policy Staff.

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.

Taking into consideration your fee category entitlements, we anticipate
FOIA processing fees will be less than $50.00. If we find that this will
not cover the cost of processing your request, we will let you know before
we incur any charges. You can then either agree to pay the additional
amount needed or narrow the scope of your request. “*See 43 C.F.R.
§ 2.51(c)
<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#se43.1.2_151>*
”.

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 *June 7, 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. Lipton,

I am writing to inform you that, as yet, we have been unable to make a
determination on your request USGS-2019-00097. We apologize for this delay.

Attached is a list of USGS's Open FOIA requests and the processing track,
your case is highlighted in yellow. Currently your request is *12th* place
in my processing queue, and *37th* place in our overall processing queue.
DOI's policy is to process requests by processing track, on a first-in;
first-out basis. We will begin processing your request as soon as it comes
up in the queue. During the interim, we will endeavor to provide records
to you in batches. We have a backlog of 39 cases.

If we identify any FOIA Exemptions, we will need to coordinate a legal
review with the Department of the Interior, Office of the Solicitor. If
any other government agency/department has equity in any of the records, we
will also have to consult with those agencies/departments regarding those
records.

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 <ogis@nara.gov>*

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

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 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, D.C. 20240

Attn: FOIA/Privacy Act Appeals Office

Telephone: (202) 208-5339

Fax: (202) 208-6677

Email: *FOIA.Appeals@sol.doi.gov <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
<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>
.

If you have any questions, please contact me by phone at (650) 329-4035 or
by email at foia@usgs.gov.

Thank you for your patience while we process your request.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035 (office)
(650) 329-5097 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Dear Ms. Lipton,

We would like to schedule a telephone conference call with you to discuss
and get clarifications, specifically for the *staffing reports and plans*
of your request.

Please let us know what date and time works best for you.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035 (office)
(650) 329-5097 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Good Afternoon Ms. Lipton,

I apologize for the delay in my response. Are you available on Wednesday,
or Thursday, for a call this week?

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035 (office)
(650) 329-5097 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Good Morning Ms. Lipton,

I would like to schedule a telephone conference call with you to discuss
and get clarifications for the *staffing reports and plans* of your
request. Or can you provide a phone number where I can reach you? I look
forward to hearing from you.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035 (office)
(650) 329-5097 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Good Morning Ms. Lipton,

I’m following up from my last email to you, as we have not heard from you.
We would like to schedule a telephone conference call with you to discuss
and get clarifications for the **staffing reports and plans** of your
request. Please let us know what dates / times that would work best to
schedule a call.

According to our regulations, if we do not receive your written
response *within
20 workdays* from the date of this communication, no later than *June 11,
2019*, 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)*
<https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#se43.1.2_15>
.

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 communication. 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

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 <FOIA.Appeals@sol.doi.gov>*

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 <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. 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
<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>
.

If you have any questions, please contact me by phone at (650) 329-4035 or
by email at foia@usgs.gov.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035 (office)
(650) 329-5097 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Dear Ms. Lipton,

This is our response to your FOIA request dated March 15, 2019, in which
you requested the following:

1) For the years 2017, 2018, and 2019, all budget materials or plans
applicable to offices responsible for processing and response to FOIA
requests and appeals submitted to the Bureau and its offices.

2) For the years 2017 and 2018, staffing reports and plans, including the
count of employee numbers and for offices responsible for processing and
responses to FOIA requests and appeals submitted to the Bureau and its
offices.

If this report is available in a form that includes the total number of
hours worked for FOIA personnel, that version would be preferred.

If reports are available for each month, that version is preferred.

3) All staffing reports and plans for the year 2019

If reports are available for each month, such a version is preferred.

4) Contact information, including email addresses and phone numbers (if
available), for each FOIA officer currently tasked with an open public
records request

5) For the years 2017 and 2018, the designated category of each requester
of a FOIA request to this office, including those assigned to the following
categories:

· commercial;

· educational and noncommercial scientific institutions;

· representative of news media requester;

· all other requesters

If this information is kept in an aggregate form including the number of
requesters by fee category by year, a copy of this report will suffice to
fulfill this element of the request.

6) For the years 2017 and 2018, the number of fee waivers granted by this
office and, if available, the tracking numbers for the FOIA requests to
which waivers were granted

7) For the years 2017 and 2018, any report capturing the following
information:

· total estimated processing and copy fees quoted to FOIA requesters

· total processing and copy fees collected by this Bureau from each
fee category

If this information is kept in an aggregate form, such as a FOIA log, that
material would be sufficient to satisfy the bullet points “FOIA requester
categories” and “FOIA fee collection” if it captures the following
information:

· FOIA tracking number

· requester fee category

· amount processing and copy fees associated with the request

· the status of the requester’s payment for the request

8) For the years 2017 and 2018, any and all reports of self-assessments
conducted by FOIA Policy Staff.

On April 17, 2019, I emailed you and requested your availability for a
conference call to get clarifications for the staffing reports and plans of
your request. On April 19, 2019, you responded and indicated your
availability for the following week. On April 30, 2019, I emailed you and
requested your availability for a conference call. On May 7, 2019, I
emailed you and requested your availability for a conference call. I also
requested a phone number where I could reach you. On May 13, 2019, I
emailed you and requested your availability for a conference call to
discuss and get clarifications for the staffing reports and plans of your
request. In addition, I informed you that if you did not respond within 20
workdays of my email, *June 11, 2019*, that we would presume that you are
no longer interested in the records and close your request. Your
20-workday deadline has passed, and I am closing your request. *See **43
C.F.R. § 2.5(d)
<https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#se43.1.2_15>.*

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 communication. 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 USGS's response is
in error. 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
Attention: FOIA/Privacy Act Appeals Office
1849 C Street, N.W.
MS-6556 MIB
Washington, DC 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 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

Telephone: (202) 741-5770

Toll-free: 1 (877) 684-6448

Fax: (202) 741-5769

Email: ogis@nara.gov

Web: 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 may also seek dispute resolution services from our FOIA Public Liaison,
Mr. Brian May, at the following address:

FOIA Public Liaison

U.S. Geological Survey

5522 Research Park Drive

Baltimore, MD 21228

Telephone: (443) 498-5521

Fax: (443) 498-5510

Email: foia@usgs.gov

If you have any questions, please contact me at foia@usgs.gov or by phone,
(650) 329-4035.

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

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035 (office)
(650) 329-5097 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Dear Ms. Lipton,

Please see the corrected subject of this email, my original response
omitted the name of our agency, correcting the subject line to FOIA USGS
2019-00097. We apologize for the confusion.

Good Morning MuckRock,

Thank you for your email. On June 12, 2019, Ms. Judy Cearley (Cc'd on this
email) on my staff administratively closed request number 2019-00097
because MuckRock did not respond to our request for clarification (see Ms.
Cearley's response in this email thread below, highlighted in yellow). If
MuckRock would like to resubmit the request, please contact Ms. Cearley to
discuss the clarification that she sought or to word/frame MuckRock's
request in a manner that we can quickly process it.

Feel free to call me on my work cell phone today if MuckRock would like to
discuss their request with me. For planning purposes, I'll be out of the
office next week and will return on Monday, July 22, 2019.

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

Sincerely,

//SIGNED//
Brian A. May
Freedom of Information Act (FOIA) Officer
FOIA Public Liaison
U.S. Geological Survey
Department of the Interior
5522 Research Park Drive
Baltimore, MD 21228
(443) 498-5521 (office)
(443) 750-2620 (work cell)
(443) 498-5510 (fax)
f <bmay@usgs.gov>oia@usgs.gov