Fort Berthold Trespass #1

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=DOI-BIA-2021-003491&type=request)

* Tracking Number: DOI-BIA-2021-003491
* Requester Name: Judy Fahys
* Date Submitted: 04/07/2021
* Request Status: Submitted
* Description:
To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

communications to and from the office of the Assistant Secretary of Indian Affairs in any format--including emails, text messages and memos---between July 1, 2020 and January 20, 2021 that contain any of the following: "Tesoro," "High Plains," "Fort Berthold," "MHA landowners," "Fort Berthold Agency," "Marathon," "pipeline" and "trespass."

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,

Judy Fahys

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

The FOIA request DOI-BIA-2021-003491 has had its Tracking Number changed to DOI-ASIA-2021-003491. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:

* Old Tracking Number:
DOI-BIA-2021-003491
* New Tracking Number:
DOI-ASIA-2021-003491
* Requester Name:
Judy Fahys
* Date Submitted:
04/07/2021
* Long Description:
To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

communications to and from the office of the Assistant Secretary of Indian Affairs in any format--including emails, text messages and memos---between July 1, 2020 and January 20, 2021 that contain any of the following: "Tesoro," "High Plains," "Fort Berthold," "MHA landowners," "Fort Berthold Agency," "Marathon," "pipeline" and "trespass."

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,

Judy Fahys

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

April 30, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-003491

Ms. Judy Fahys
MuckRock News DEPT MR
110762 411A Highland Ave.
Somerville, Massachusetts 02144
Email: requests@muckrock.com

Dear Ms. Judy Fahys:

The Assistant Secretary - Indian Affairs (AS-IA) FOIA office received your Freedom of Information Act (FOIA) request, dated April 07,2021 and on April 14, 2021 your request was assigned control number is DOI-ASIA-2021-003491. Please cite this number in any future communications with our office regarding your request.

In your request you have requested the following: “Pursuant to the Freedom of Information Act, I hereby request the following records:

communications to and from the office of the Assistant Secretary of Indian Affairs in any format--including emails, text messages and memos---between July 1, 2020 and January 20, 2021 that contain any of the following: "Tesoro," "High Plains," "Fort Berthold," "MHA landowners," "Fort Berthold Agency," "Marathon," "pipeline" and "trespass."”

We have classified you as a representative of the news media. 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 43 C.F.R. § 2.39. 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 43 C.F.R. § 2.37(g).

You have agreed to up to $200.00 for the processing of your request. If we find that this will not cover the cost of processing your request, we will stop processing your request at the point this amount has been reached and will let you know before we incur additional charges. You can then either agree to pay the additional amount needed or narrow the scope of your request.

We use Multitrack Processing to process FOIA requests. The Simple track is for requests that would generally take one to five workdays to process. The Normal track is for requests that would generally take six to twenty workdays to process. The Complex track is for requests that would generally take twenty-one to sixty workdays to process. The Extraordinary track is for requests that would generally take more than sixty workdays to process. Your request falls into the Normal processing track.

If you have any questions about our response to your request, you may contact Heather Garcia by phone at 202-208-3135, by email at foia@bia.gov or by mail at 1849 C Street, NW, Office 4660 MIB, Washington, DC 20240.

Sincerely,

/S/ Justin Davis
FOIA Officer
Assistant Secretary – Indian Affairs

Heather Garcia
​​​​Government Information Specialist
Assistant Secretary- Indian Affairs - FOIA Office
1849 C Street NW MS-4146-MIB
Washington, DC 20240
Phone# (202)208-3135
Work Cell# (202)672-4016
heather.garcia@bia.gov<mailto:heather.garcia@bia.gov>
POSITIVE PEOPLE POWERFUL RESULTS

The Freedom of Information Act (FOIA) office in the Assistant Secretary - Indian Affairs are continuing to process FOIA requests to the best of their ability during the COVID-19 pandemic. To keep employees healthy and safe, the Assistant Secretary - Indian Affairs is maximizing telework flexibility and employing social distancing protocols. As a result of these precautions, most employees are working remotely and unable to collect hard copy records located in government facilities at this time. If your request is for hard copy records, the response to your request will very likely be delayed.

Warning: this email may contain Privacy Act data/sensitive data which is intended only for the use of the individual(s) to whom it is addressed. It may contain information that is privileged, confidential, or otherwise protected from disclosure under applicable laws. If you are not the intended recipient, you are hereby notified that any distribution or copy of this email is strictly prohibited.

May 11, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-003491

Ms. Judy Fahys
MuckRock News DEPT MR
110762 411A Highland Ave.
Somerville, Massachusetts 02144
Email: requests@muckrock.com

Dear Ms. Judy Fahys:

The Assistant Secretary - Indian Affairs (AS-IA) FOIA office received your Freedom of Information Act (FOIA) request, dated April 07,2021 and on April 14, 2021 your request was assigned control number is DOI-ASIA-2021-003491. Please cite this number in any future communications with our office regarding your request.

In your request you have requested the following: “Pursuant to the Freedom of Information Act, I hereby request the following records:

communications to and from the office of the Assistant Secretary of Indian Affairs in any format--including emails, text messages and memos---between July 1, 2020 and January 20, 2021 that contain any of the following: "Tesoro," "High Plains," "Fort Berthold," "MHA landowners," "Fort Berthold Agency," "Marathon," "pipeline" and "trespass."”

We have classified you as a representative of the news media. 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 43 C.F.R. § 2.39. 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 43 C.F.R. § 2.37(g).

You have agreed to up to $200.00 for the processing of your request. If we find that this will not cover the cost of processing your request, we will stop processing your request at the point this amount has been reached and will let you know before we incur additional charges. You can then either agree to pay the additional amount needed or narrow the scope of your request.

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 your request at this time. If you wish to pursue your request, please describe the records you seek sufficiently to enable a professional employee familiar with the subject to locate the existing records with a reasonable effort. Please describe the specific individuals/custodians of records you want searched for the terms in your request.

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 communication, we will presume that you are no longer interested in pursuing your request. In such a circumstance, we will not be able to comply with your request and will close our file on it. See 43 C.F.R. § 2.5(d). You may seek assistance from the designated FOIA contact or FOIA Requester Center at https://www.doi.gov/foia/foiacenters.

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 final 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 include an explanation of why you believe this response is in error. You must also include with your appeal copies of all correspondence between you and the Assistant Secretary - Indian Affairs (AS-IA) FOIA office concerning your FOIA request, including your original FOIA request and this response. Failure to include with your appeal all correspondence between you and the Assistant Secretary - Indian Affairs (AS-IA) FOIA office 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

If you have any questions about our response to your request, you may contact Heather Garcia by phone at 202-208-3135, by email at foia@bia.gov or by mail at 1849 C Street, NW, Office 4660 MIB, Washington, DC 20240.

Sincerely,

/S/ Justin Davis
FOIA Officer
Assistant Secretary – Indian Affairs

Justin Davis

FOIA Officer

Assistant Secretary – Indian Affairs

1849 C Street NW MS-4146 – MIB

Washington, DC 20240

Office Phone # (202) 513-7707

Work Mobile # (202) 738-3754

justin.davis@bia.gov<mailto:justin.davis@bia.gov>

Dear Judy Fahys <requests@muckrock.com>,
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FOIAonline Team (mailto:foia.help@epa.gov)

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=DOI-ASIA-2021-005165&type=request)

* Tracking Number: DOI-ASIA-2021-005165
* Requester Name: Judy Fahys
* Date Submitted: 04/06/2021
* Request Status: Submitted
* Description:
All calendars for former Assistant Secretary for Indian Affairs Tara Sweeney for the years 2020 and 2021,as well as her application and resume. This request includes all types of records, including electronic records, texts and voicemails.

July 26, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-005165

Ms. Judy Fahys
MuckRock News DEPT MR
110762 411A Highland Ave.
Somerville, Massachusetts 02144
Email: requests@muckrock.com

Dear Ms. Judy Fahys:

The Assistant Secretary - Indian Affairs (AS-IA) FOIA office received your Freedom of Information Act (FOIA) request, dated April 06, 2021, and on July 21, 2021, your request was assigned control number is DOI-ASIA-2021-005165. Please cite this number in any future communications with our office regarding your request.

In your request you have requested the following: “All calendars for former Assistant Secretary for Indian Affairs Tara Sweeney for the years 2020 and 2021, as well as her application and resume. This request includes all types of records, including electronic records, texts and voicemails."”

We have classified you as a representative of the news media. 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 43 C.F.R. § 2.39. 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 43 C.F.R. § 2.37(g).

We use Multitrack Processing to process FOIA requests. The Simple track is for requests that would generally take one to five workdays to process. The Normal track is for requests that would generally take six to twenty workdays to process. The Complex track is for requests that would generally take twenty-one to sixty workdays to process. The Extraordinary track is for requests that would generally take more than sixty workdays to process. Your request falls into the Complex processing track.

If you have any questions about our response to your request, you may contact Heather Garcia by phone at 202-208-3135, by email at foia@bia.gov or by mail at 1849 C Street, NW, Office 4660 MIB, Washington, DC 20240.

Sincerely,

/S/ Justin Davis
FOIA Officer
Assistant Secretary – Indian Affairs

Heather Garcia
​​​​Government Information Specialist
Assistant Secretary- Indian Affairs - FOIA Office
1849 C Street NW MS-4146-MIB
Washington, DC 20240
Phone# (202)208-3135
Work Cell# (202)672-4016
heather.garcia@bia.gov<mailto:heather.garcia@bia.gov>
POSITIVE PEOPLE POWERFUL RESULTS

The Freedom of Information Act (FOIA) office in the Assistant Secretary - Indian Affairs are continuing to process FOIA requests to the best of their ability during the COVID-19 pandemic. To keep employees healthy and safe, the Assistant Secretary - Indian Affairs is maximizing telework flexibility and employing social distancing protocols. As a result of these precautions, most employees are working remotely and unable to collect hard copy records located in government facilities at this time. If your request is for hard copy records, the response to your request will very likely be delayed.

Warning: this email may contain Privacy Act data/sensitive data which is intended only for the use of the individual(s) to whom it is addressed. It may contain information that is privileged, confidential, or otherwise protected from disclosure under applicable laws. If you are not the intended recipient, you are hereby notified that any distribution or copy of this email is strictly prohibited.

August 16, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-005165

Ms. Judy Fahys
MuckRock News DEPT MR
110762 411A Highland Ave.
Somerville, Massachusetts 02144
Email: requests@muckrock.com

Dear Ms. Judy Fahys:

The Assistant Secretary - Indian Affairs (AS-IA) FOIA office received your Freedom of Information Act (FOIA) request, dated April 06, 2021 and on July 21, 2021, your request was assigned control number is DOI-ASIA-2021-005165. Please cite this number in any future communications with our office regarding your request.

In your request you have requested the following: "All calendars for former Assistant Secretary for Indian Affairs Tara Sweeney for the years 2020 and 2021, as well as her application and resume. This request includes all types of records, including electronic records, texts and voicemails.""

We have enclosed one file in portable document format (PDF) containing 389 pages, which are being released to you in part as described below. Portions of these materials are being withheld under the following FOIA Exemptions:

Exemption 5-43 C.F.R. §§ 2.23<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_123>, .24<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_124>
Exemption 5 allows an agency to withhold "inter-agency or intra-agency memorandums or letters which would not be available by law to a party ... in litigation with the agency." 5 U.S.C. § 552(b)(5)<http://www.justice.gov/oip/amended-foia-redlined.pdf>. Exemption 5 therefore incorporates the privileges that protect materials from discovery in litigation, including the deliberative process, attorney work-product, attorney-client, and commercial information privileges. We are withholding 122 pages in part under Exemption 5 because they qualify to be withheld both because they meet the Exemption 5 threshold of being inter-agency or intra-agency and under the following privilege

Commercial Information Privilege

When the government enters the marketplace as an ordinary commercial buyer or seller, the government's information is protected under the commercial information privilege if it is sensitive information not otherwise available, and disclosure would significantly harm the government's monetary functions or commercial interests. The theory behind the privilege is
that the government may be placed at a competitive disadvantage or the consummation of a contract may be endangered if confidential information generated by the government is disclosed.

The information withheld under this privilege consists of active conference call telephone numbers and access codes, which could be used to conduct conference calls by parties outside the government or used to call in to monitor internal government conversations. We are withholding it because disclosure to the public would chill communications between federal employees and harm the government's ability to exchange information.

Exemption 6-43 C.F.R. §§ 2.23<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_123>, .24<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_124>
Exemption 6 allows an agency to withhold "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(6)<http://www.justice.gov/oip/amended-foia-redlined.pdf>. We are withholding 29 pages in part under Exemption 6.

The phrase "similar files" covers any agency records containing information about a particular individual that can be identified as applying to that individual. To determine whether releasing records containing information about a particular individual would constitute a clearly unwarranted invasion of personal privacy, we are required to balance the privacy interest that would be affected by disclosure against any public interest in the information.

Under the FOIA, the only relevant public interest to consider under the exemption is the extent to which the information sought would shed light on an agency's performance of its statutory duties or otherwise let citizens 'know what their government is up to. The burden is on the requester to establish that disclosure would serve the public interest. When the privacy interest at stake and the public interest in disclosure have been determined, the two competing interests must be weighed against one another to determine which is the greater result of disclosure: the harm to personal privacy or the benefit to the public. The purposes for which the request for information is made do not impact this balancing test, as a release of information requested under the FOIA constitutes a release to the general public.

The information that has been withheld under Exemption 6 consists of personal information, i.e., medical appointments, home address and phone numbers, personal email address and Department of Homeland Security and White House employee email addresses, and we have determined that the individuals to whom this information pertains have a substantial privacy interest in withholding it. Additionally, you have not provided information that explains a relevant public interest under the FOIA in the disclosure of this personal information and we have determined that the disclosure of this information would shed little or no light on the performance of the agency's statutory duties. Because the harm to personal privacy is greater than whatever public interest may be served by disclosure, release of the information would constitute a clearly unwarranted invasion of the privacy of these individuals and we are withholding it under Exemption 6.

We reasonably foresee that disclosure would harm an interest protected by one or more of the nine exemptions to the FOIA's general rule of disclosure.

Connie Rose, AS-IA FOIA Coordinator, is responsible for this partial denial. The following categories of preapproved withholdings were the subject of consultation with the Office of the Solicitor's Division of General Law and the Departmental FOIA Office: Bureau/office conference call numbers and passcodes under Exemption 5 and all .dhs email addresses in full under Exemption 6. James Porter, Attorney-Advisor, in the Office of the Solicitor was consulted on all other withholdings.

We do not bill requesters for FOIA processing fees when their fees are less than $50.00, because the cost of collection would be greater than the fee collected. See 43 CFR § 2.37(g). Therefore, there is no billable fee for the processing of this request.

You may seek dispute resolution services from our Acting Public Liaison, Cindy Cafaro at (888) 603-7119.

Also, 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<mailto: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.

You may also 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 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 FWS's response is in error. You must also include with your appeal copies of all correspondence between you and the FWS concerning your FOIA request, including your original FOIA request and the FWS's response. Failure to include with your appeal all correspondence between you and the FWS 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<mailto:FOIA.Appeals@sol.doi.gov>

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#43:1.1.1.1.2.8>

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.

This letter completes our response to your request. If you have any questions, you may contact Heather Garcia by phone at 202-208-3135, by email at as-ia_foia@bia.gov or by mail at 1849 C Street, N.W., MS-4660-MIB, Washington, D.C. 20240.

Sincerely,

/S/Connie Rose
FOIA Coordinator
Office of the Assistant Secretary - Indian Affairs