Freedom of Information Act Request: Indian Affairs Division of Corrections (Department of the Interior) (Bureau Of Indian Affairs - Office Of Justice Services - Internal Affairs Division)

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-2021-002718&type=request)

* Tracking Number: DOI-BIA-2021-002718
* Requester Name: Christine Trudeau
* Date Submitted: 02/25/2021
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

Files, including letters, memos, emails and all communications mentioning and describing or discussing policies, guidance and procedures regarding COVID-19 for prisoners/inmates and/or staff between January 1, 2020 and January 1, 2021, related to all Bureau of Indian Affairs (BIA) and Office of Justice Services (OJS) operated facilities.

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,

Christine Trudeau

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

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-2021-002728&type=request)

* Tracking Number: DOI-ASIA-2021-002728
* Requester Name: Christine Trudeau
* Date Submitted: 02/25/2021
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

Files, including letters, memos, emails and all communications mentioning and describing or discussing policies, guidance and procedures regarding COVID-19 for prisoners/inmates and/or staff between January 1, 2020 and January 1, 2021, related to all Bureau of Indian Affairs (BIA) and Office of Justice Services (OJS) operated facilities.

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,

Christine Trudeau

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

February 26, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-002728

Christine Trudeau
MuckRock News
411A Highland Ave DEPT MR 108857
Somerville, Massachusetts 02144
Email Address: requests@muckrock.com

Dear Ms. Christine Trudeau:

The Assistant Secretary - Indian Affairs (AS-IA) Immediate office received your Freedom of Information Act (FOIA) request, dated February 25, 2021, and on February 26, 2021, your request was assigned control number is DOI-ASIA-2021-002728. Please cite this number in any future communications with our office regarding your request.

In your request you have requested the following: “I hereby request the following records:

Files, including letters, memos, emails and all communications mentioning and describing or discussing policies, guidance and procedures regarding COVID-19 for prisoners/inmates and/or staff between January 1, 2020 and January 1, 2021, related to all Bureau of Indian Affairs (BIA) and Office of Justice Services (OJS) operated facilities.

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.”

We have classified you as a “commercial use” requester. As such, we may charge you for all search, review, and duplication costs for processing this request. See 43 C.F.R. § 2.39. However, if 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 pay up to $25.00 for the processing of your request. You also have requested a waiver or reduction of fees for the processing of your request. The bureau will charge the types of fees discussed below unless a waiver of fees is required under §2.39 of this subpart or has been granted under §2.45 or §2.56.

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.

April 20, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-002728

Christine Trudeau
MuckRock News
411A Highland Ave DEPT MR 108857
Somerville, Massachusetts 02144
Email Address: requests@muckrock.com

Dear Ms. Christine Trudeau:

The Assistant Secretary - Indian Affairs (AS-IA) Immediate office received your Freedom of Information Act (FOIA) request, dated February 25, 2021, and on February 26, 2021, your request was assigned control number is DOI-ASIA-2021-002728. Please cite this number in any future communications with our office regarding your request.

In your request you have requested the following: “I hereby request the following records:

Files, including letters, memos, emails and all communications mentioning and describing or discussing policies, guidance and procedures regarding COVID-19 for prisoners/inmates and/or staff between January 1, 2020 and January 1, 2021, related to all Bureau of Indian Affairs (BIA) and Office of Justice Services (OJS) operated facilities.

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.”

We have classified you as a “commercial use” requester. As such, we may charge you for all search, review, and duplication costs for processing this request. See 43 C.F.R. § 2.39. However, if 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 pay up to $25.00 for the processing of your request. You also have requested a waiver or reduction of fees for the processing of your request. The bureau will charge the types of fees discussed below unless a waiver of fees is required under §2.39 of this subpart or has been granted under §2.45 or §2.56.

We have enclosed a total of 81 pages, of which twenty-four (24) pages are being released to you in part. Portions of these materials are being withheld under the following FOIA Exemptions:

Exemption 6

Exemption 6 allows an agency to withhold “personnel, 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). We are withholding nine (9) 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 the 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, for example, certain phone numbers and email addresses, and we have determined that the individuals to whom this information pertains have a substantial privacy interest in withholding it. Additionally, 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 this individual and we are withholding it under Exemption 6. We reasonably foresee that disclosure would harm an interest protected by Exemption 6 to the FOIA’s general rule of disclosure. We are withholding 24 pages in part under Exemption 6.

Exemption 7(c)

Exemption 7(C) protects law enforcement records if the information released could reasonably be expected to constitute an unwarranted invasion of personal privacy. It is regularly applied to withhold references to individuals in law enforcement files. For the materials that have been withheld under 7(C), we have determined that releasing them would constitute an unwarranted invasion of privacy because they identify individuals referenced in law enforcement records and the release of this information would not shed light on an agency’s performance of its statutory duties. We are withholding 24 pages in part under Exemption 7(c).

Justin Davis, FOIA Officer, Office of the Assistant Secretary-Indian Affairs is responsible for this partial denial. Elizabeth Harvey, Attorney-Advisor in the Office of the Solicitor was consulted.

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 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 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 Indian Affairs’ response is in error. You must also include with your appeal all correspondence between you and Indian Affairs concerning your FOIA request, including your original FOIA request and Indian Affairs’ response. Failure to include with your appeal all correspondence between you and Indian Affairs 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 your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of FOIA. See5 U.S.C. 552(c). 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<mailto:ogis@nara.gov>

Web: https://ogis.archives.gov<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fogis.archives.gov%2F&data=04%7C01%7Cjustin.davis%40bia.gov%7C76ab138e0497428eb65908d8d80f8e3c%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637496908697455347%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ZbG3OgqS4rK3kDTosGn4KM35hbclnbwIjvc%2BzJ2wpuM%3D&reserved=0>

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. Contact information for the Department’s FOIA Public Liaison, who you may also seek dispute resolution services from, is available at https://www.doi.gov/foia/foiacenters.

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

Office of the 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>

DOI-BIA-2021-002718 has been processed with the following final disposition: Duplicate Request.

ASIA will respond with all responsive records.

June 3, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-003926

Christine Trudeau
MuckRock News
411A Highland Ave DEPT MR 108857
Somerville, Massachusetts 02144
Email Address: requests@muckrock.com

Dear Ms. Christine Trudeau:

The Assistant Secretary - Indian Affairs (AS-IA) Immediate office received your Freedom of Information Act (FOIA) request(s), dated May 5, 202, and your requests were assigned control numbers DOI-ASIA-2021-003921, and DOI-ASIA-2021-003926. Please cite the control number DOI-ASIA-2021-003926 in any future communications with our office regarding these requests.

In your request you have requested the following: “I hereby request the following records:
All Interior Department statistics, datasets, reports, and documents the U.S. Interior Secretary Deb Haaland referenced on Tuesday, April 6, 2021, at the Indian Pueblo Cultural Center in Albuquerque, New Mexico, when Secretary Haaland said that of the Department of the Interior employees who died of the coronavirus, 80 percent worked in the Bureau of Indian Affairs. This is paraphrasing from Indian Country Today's article stating, "Haaland shared that 80 percent of the Interior employees who died from the coronavirus worked in Indian Affairs, a bureau that is heavily made up of Indigenous employees." The full article is attached as a pdf to this FOIA request and linked to here: https://indiancountrytoday.com/news/deb-haalands-visit-home-grandparents-prayers. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.”

We have classified you as a “commercial use” requester. As such, we may charge you for all search, review, and duplication costs for processing this request. See 43 C.F.R. § 2.39. However, if 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 pay up to $200.00 for the processing of your request. You also have requested a waiver or reduction of fees for the processing of your request. The bureau will charge the types of fees discussed below unless a waiver of fees is required under §2.39 of this subpart or has been granted under §2.45 or §2.56.

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. Describe the additional information needs to provide in order to reasonably describe the records being sought, for example: (1) the date, title or name, author, recipient, and subject of any particular records sought; (2) the office that created the records sought; and/or (3) the timeframe for which the requester is seeking records.

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/contacts.

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) Immediate 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) Immediate 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 202-208-3508, by email at as-ia_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.

June 7, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-003922

Christine Trudeau
MuckRock News
411A Highland Ave DEPT MR 108857
Somerville, Massachusetts 02144
Email Address: requests@muckrock.com

Dear Ms. Christine Trudeau:

The Assistant Secretary - Indian Affairs (AS-IA) Immediate office received your Freedom of Information Act (FOIA) request, dated May 4, 2021, on May 5, 2021 was assigned control numbers DOI-ASIA-2021-003922. Please cite the control number in any future communications with our office regarding these requests.

In your request you have requested the following: “I hereby request the following records:
All application materials submitted for Coronavirus Relief Funds to the United States Department of the Interior, Bureau of Indian Affairs, and Department of the Treasury, from all tribal governments listed who received "CARES Act Final Distributions for ATG and Welfare Assistance," in 2020, including all databases/datasets with application materials data. All documents in application materials submitted by tribal governments that received CARES Act Final Distributions for ATG and Welfare Assistance that include:
- Each tribal government's current enrollment numbers as of January 1, 2020
- Each tribal government's Land Base as of January 1, 2020
- Each tribal government's total number of land acres held by the Indian Tribe and any tribally-owned entity, including entities in which the Tribe maintains at least 51% ownership. Include lands held in trust by the United States, lands owned in restricted fee status, lands owned in fee, and lands selected pursuant to the Alaska Native Claims Settlement Act.
- Each tribal government's total employees on January 1, 2020, to include the total number of persons employed by the Indian Tribe and any tribally-owned entity, including entities in which the Tribe maintains at least 51% ownership.
- Each tribal government's total aggregate actual expenditures for the most recently completed fiscal year.
- Each tribal government's completed Tribal Government Certification Form.
- Each tribal government's completed "Recipient Information" form that includes each tribal government's DUNS Number, Taxpayer ID Number, Contact Information, and the Name/Title of Authorized Representative.
- Each tribal government's completed "Recipient Type" form.
- Each tribal government's DUNS number
- Each tribal governments tax identification number
- Each tribal government's financial institution information.”

We have classified you as a “commercial use” requester. As such, we may charge you for all search, review, and duplication costs for processing this request. See 43 C.F.R. § 2.39. However, if 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 pay up to $200.00 for the processing of your request. You also have requested a waiver or reduction of fees for the processing of your request. The bureau will charge the types of fees discussed below unless a waiver of fees is required under §2.39 of this subpart or has been granted under §2.45 or §2.56.

We are writing to respond to your request. After a thorough search of our files, it has been determined that the Assistant Secretary - Indian Affairs (AS-IA) Immediate office has no records responsive to your request.

Heather Garcia, Government information Specialist, the Assistant Secretary - Indian Affairs (AS-IA) FOIA office is responsible for this denial.

You have asked for records belonging to another agency. You may submit your request directly to the Department of Treasury, at the following link: https://home.treasury.gov/footer/freedom-of-information-act .

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) Immediate 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) Immediate 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

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://www.archives.gov/ogis
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. Contact information for the Department’s FOIA Public Liaison, who you may also seek dispute resolution services from, is available at https://www.doi.gov/foia/foiacenters.

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 as-ia_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 23, 2021

IN REPLY REFER TO:
DOI-ASIA-2021-005593

Christine Trudeau
MuckRock News
411A Highland Ave DEPT MR 108857
Somerville, Massachusetts 02144
Email Address: requests@muckrock.com

Dear Ms. Christine Trudeau:

The Assistant Secretary - Indian Affairs (AS-IA) Immediate office received your Freedom of Information Act (FOIA) request, dated August 17, 2021, on August 23, 2021, was assigned control numbers DOI-ASIA-2021-005593. Please cite the control number in any future communications with our office regarding these requests.

In your request you have requested the following: “Pursuant to the Freedom of Information Act, I hereby request the following records:
All application materials submitted for Coronavirus Relief Funds to the United States Department of the Interior, Bureau of Indian Affairs, and Department of the Treasury, from all tribal governments listed who received "CARES Act Final Distributions for ATG and Welfare Assistance," in 2020, including all databases/datasets with application materials data.
All documents in application materials submitted by tribal governments that received CARES Act Final Distributions for ATG and Welfare Assistance that include:
- Each tribal government's current enrollment numbers as of January 1, 2020
- Each tribal government's Land Base as of January 1, 2020
- Each tribal government's total number of land acres held by the Indian Tribe and any tribally-owned entity, including entities in which the Tribe maintains at least 51% ownership. Include lands held in trust by the United States, lands owned in restricted fee status, lands owned in fee, and lands selected pursuant to the Alaska Native Claims Settlement Act.
- Each tribal government's total employees on January 1, 2020, to include the total number of persons employed by the Indian Tribe and any tribally-owned entity, including entities in which the Tribe maintains at least 51% ownership.
- Each tribal government's total aggregate actual expenditures for the most recently completed fiscal year.
- Each tribal government's completed Tribal Government Certification Form.
- Each tribal government's completed "Recipient Information" form that includes each tribal government's DUNS Number, Taxpayer ID Number, Contact Information, and the Name/Title of Authorized Representative.
- Each tribal government's completed "Recipient Type" form.
- Each tribal government's DUNS number
- Each tribal governments tax identification number
- Each tribal government's financial institution information
See "CARES Act Final Distributions - ATG & WA 5-18-20" attached with this FOIA request for all tribal governments who received funds. That document is also linked here: https://www.bia.gov/sites/bia.gov/files/assets/as-ia/opa/pdf/CARES%20Act%20Final%20Distributions-ATG_%26_WA_508.pdf.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.”

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 pay up to $200.00 for the processing of your request. You also have requested a waiver or reduction of fees for the processing of your request. The bureau will charge the types of fees discussed below unless a waiver of fees is required under §2.39 of this subpart or has been granted under §2.45 or §2.56.

We are writing to respond to your request. After a thorough search of our files, it has been determined that the Assistant Secretary - Indian Affairs (AS-IA) Immediate office has no records responsive to your request.

Heather Garcia, Government information Specialist, the Assistant Secretary - Indian Affairs (AS-IA) FOIA office is responsible for this denial.

You have asked for records belonging to another agency. You may submit your request directly to the Department of Treasury, at the following link: https://home.treasury.gov/footer/freedom-of-information-act .

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) Immediate 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) Immediate 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

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://www.archives.gov/ogis
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. Contact information for the Department’s FOIA Public Liaison, who you may also seek dispute resolution services from, is available at https://www.doi.gov/foia/foiacenters.

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 as-ia_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.