Reilly Bernhardt Meetings (U.S. Geological Survey)

Dear Mr. Tobias:

On May 29, 2019, the USGS Freedom of Information Act (FOIA) office received
your FOIA request, and assigned it control number *USGS-2019-00141*.
Please cite this number in any future communications with our office
regarding your request. You requested the following information from
January 1, 2019 to present:

Any email or written communications, as well as any documentation of
in-person meetings, between USGS Director James Reilly and Interior
Secretary David Bernhardt or his deputies, including Todd Willens and
Katharine MacGregor

Before proceeding with your request, I want to inform you that this request
presents *unusual circumstances*: the need to search for or collect
records from a field facility or establishment separate from the office
processing the request. Therefore, we are taking a 10-workday extension
under *43 C.F.R. § 2.19(b)
<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#43:1.1.1.1.2.4.5.6>*
*.*

As a result of the unusual circumstances, your request meets the exceptions
to Section 2 of the FOIA Improvement Act of 2016 rule against assessing
FOIA processing fees. We will notify you if we need to take an additional
extension.

We have classified you as a representative of the “news media” requester.
As such, we may charge you for some of our duplication costs, but we will
not charge you for our search or review costs; you also are entitled to up
to 100 pages of photocopies (or an equivalent volume) for free. *See
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.3>**43
C.F.R. § 2.39
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.3>*.
If, after taking into consideration your fee category entitlements, our
processing costs are less than $50.00, we will not bill you because the
cost of collection would be greater than the fee collected. *See
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.13>**43
C.F.R. § 2.49(a)(1)
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.13>**.
*You can expect to hear from us promptly regarding the outcome of this
search.

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

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

2. Not primarily in your commercial interest.

*See
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.9>**43
C.F.R. § 2.45(a)
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.9>*.
Our FOIA regulations also provide four specific criteria that are used to
determine whether these two requirements are met. *See
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.12>**43
C.F.R. § 2.48(a)
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.12>*
*.* Your request meets the criteria and supports your requested fee waiver;
therefore, I approve your request and waive the FOIA processing fees

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

Your request falls into the *Complex* processing track. We therefore
anticipate that we will complete a final response to you by *August 20,
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

Good Morning Mr. Tobias,

Thank you for your follow up email.

As stated in our 30 May 2019 FOIA Request Acknowledgment email, we use Multitrack Processing to process FOIA requests. The Simple track is for requests that can be processed in one to five workdays. The Normal track is for requests that can be processed in six to twenty workdays. The Complex track is for requests that can be processed in twenty-one to sixty workdays. The Exceptional/Voluminous track is for requests requiring more than sixty workdays for processing. The Expedited track is for requests that have been granted expedited processing. Within each track, requests are usually processed on a first-in, first-out basis.

Your request falls into the Complex processing track. We therefore anticipate that we will complete a final response to you by August 20, 2019. During the interim, we will attempt to provide records to you in batches.

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

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

V/r

Andreas

//SIGNED//

Georg-Andreas Pogány

Government Information Specialist

Freedom of Information Act Office / FOIA

U.S. Department of the Interior / U.S. Geological Survey

Denver Federal Center, Bldg 53

Box 25046, Mail Stop 801A

Denver, Colorado 80225-0046

Ph: 303-236-2737

Email: <mailto:gpogany@usgs.gov> gpogany@usgs.gov

“So, if you cannot understand that there is something in a man which responds to the challenge of this mountain and goes out to meet it, that the struggle is the struggle of life itself upward and forever upward, then you won’t see why we go. What we get from this adventure is just sheer joy We do not live to eat and make money. We eat and make money to be able to enjoy life. That is what life means and what life is for.” Because in the end, you won’t remember the time you spent working in the office or mowing your lawn. You won’t remember the days in between the days that truly matter. Today can be that day, the day you embraced life, the day your journey began. So go and climb that mountain.” George H.L. Mallory & Jack Kerouac

CONFIDENTIALITY NOTICE
This message (including any attachments) is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

Dear Mr. Tobias,

I am writing to inform you that, as yet, we have been unable to make a
determination on your request USGS FOIA 2019-00141. 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 3rd place in
my processing queue, and 41st 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. We have a backlog of 40 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 search and
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: f <mailto:oia@usgs.gov> oia@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 <mailto:ogis@nara.gov>

Web: 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 <mailto: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
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf
88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43> 43 C.F.R. Part 2,
Subpart H.

If you have any questions, please contact me by phone at (303) 236-2737 or
by email at <mailto:foia@usgs.gov> foia@usgs.gov.

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

V/r

Andreas

//SIGNED//

Georg-Andreas Pogány

Government Information Specialist

Freedom of Information Act Office / FOIA

U.S. Department of the Interior / U.S. Geological Survey

Denver Federal Center, Bldg 53

Box 25046, Mail Stop 801A

Denver, Colorado 80225-0046

Ph: 303-236-2737

Email: <mailto:gpogany@usgs.gov> gpogany@usgs.gov

“So, if you cannot understand that there is something in a man which
responds to the challenge of this mountain and goes out to meet it, that the
struggle is the struggle of life itself upward and forever upward, then you
won’t see why we go. What we get from this adventure is just sheer joy We do
not live to eat and make money. We eat and make money to be able to enjoy
life. That is what life means and what life is for.” Because in the end, you
won’t remember the time you spent working in the office or mowing your lawn.
You won’t remember the days in between the days that truly matter. Today can
be that day, the day you embraced life, the day your journey began. So go
and climb that mountain.” George H.L. Mallory & Jack Kerouac

CONFIDENTIALITY NOTICE
This message (including any attachments) is intended exclusively for the
individual or entity to which it is addressed. This communication may
contain information that is proprietary, privileged or confidential or
otherwise legally exempt from disclosure. If you are not the named
addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete
all copies of the message.

Good Morning Mr. Tobias,

Thank you for your email and I apologize for the continued delay. Portions
of the records are with the White House Council on Environmental Quality
(CEQ) pending a consultation. On September 3, 2019, I forwarded the
request to the Department of the Interior Departmental FOIA Office to
coordinate the consultation. I asked for an update on September 10, 2019
and was informed that your request is still pending CEQ consultation.

At this time, I don't know how long it will take to finish processing your
request. I'm optimistic that we can close your request before September
30, 2019 and I will continue checking the status with of the CEQ
consultation each week with the Department On July 3, 2019, we provided
you with appeal rights regarding the delay and I understand if you decide
to exercise your rights.

Feel free to call me if you would like to discuss your request with me on
the telephone. Thank you again for contacting us.

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

Good Morning Mr. Tobias/MuckRock,

Please find our response and the partially redacted records attached to
this email. If you decide to appeal, please follow the instructions in the
response letter. Thank you for your patience while we processed your
request.

Sincerely,

//SIGNED//
Brian A. May
Freedom of Information Act (FOIA) Officer
FOIA Public Liaison
U.S. Geological Survey
Department of the Interior
P.O. Box 411
Bel Air, MD 21014
(443) 750-2620 (work cell)
(703) 648-7199 (fax)
bmay@usgs.gov