DEPARTMENT OF THE INTERIORFreedom of Information Act 2009 Annual Report(October 1, 2008 - September 30, 2009)I.Basic Information Regarding Report1. Questions about the report should be directed to:Alexandra MallusDepartmental FOIA OfficerOffice of the Chief Information Officer (OCIO)Department of the Interior (DOI)1849 C Street, NWMS-7456-MIBWashington, D.C. 20240Telephone No.: (202) 208-53422. The electronic address for this report on DOI’s World Wide Web site is: http://www.doi.gov/foia/09anrep.pdf.3. A copy of the report in paper form may be obtained by contacting the Departmental FOIA Officer (see A, above).II.Making a FOIA Request (see DOI’s Guide for Obtaining Information which is located at the following Internet address: http://www.doi.gov/foia/foitabl.htm).1. FOIA requests should be submitted to the FOIA contact at the bureau/office where the records are maintained. A list of the Department’s bureaus/offices is provided below. If it is unclear where to send the request, contact the Departmental FOIA Officer. A list of DOI’s FOIA contacts may be found at the following Internet address: http://www.doi.gov/foia/contacts.html.Bureaus/OfficesOffice of the Secretary (OS)Minerals Management Service (MMS)Bureau of Indian Affairs (BIA)Bureau of Land Management (BLM)Fish & Wildlife Service (FWS)Office of Inspector General (OIG)National Park Service (NPS)Office of the Solicitor (SOL)Bureau of Reclamation (BOR)Office of Surface Mining (OSM) U.S. Geological Survey (USGS)2. In accordance with its FOIA regulations, DOI makes records available to the public unless the information is protected from disclosure by one or more of the nine specific FOIA exemptions (see 43 CFR § 2.21(b)(2)) and Appendix E to DOI’s FOIA regulations. Some requests are not granted due to one of the reasons cited in V.B(1)., below (see DOI’s FOIA regulations, 43 CFR § 2.21(e)).III.Acronyms, Definitions, AND EXEMPTIONS 1.Department of the Interior acronyms used in this Report: BIABureau of Indian AffairsBLMBureau of Land ManagementBORBureau of ReclamationDOIDepartment of the InteriorEFTSElectronic FOIA Tracking SystemFWSFish and Wildlife ServiceMMSMinerals Management ServiceN/ANot ApplicableNPSNational Park ServiceOCIOOffice of the Chief Information OfficerOIGOffice of Inspector GeneralOSOffice of the SecretaryOSMOffice of Surface MiningUSGSUnited States Geological Survey 2.Terms used in this Report: a.Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level.b.Average Number – the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.c.Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response. d.Component – for agencies that process requests on a decentralized basis, a “component” is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency. e.Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded it. That agency, in turn, will then respond to the FOIA requester. f.Exemption 3 Statute – a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA. g.FOIA Request – a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., a “third-party” request), or concerning an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., “first-party” requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act “systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report. Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester. It does not, however, include records for which the agency has received a consultation from another agency. (Consultations are reported separately in Section XII of this Report.)h.Full Grant – an agency decision to disclose all records in full in response to a FOIA request.i.Full Denial – an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located.j.Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7. k.Multi-Track Processing – a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis. i.Expedited Processing – an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations. ii. Simple Request – a FOIA request within DOI’s multi-track processing system that a DOI bureau/office can process within 1-5 workdays based on the low volume and/or simplicity of the records requested. iii.Normal Request – a FOIA request within DOI’s multi-track processing system that a DOI bureau/office can process within 20 workdays. iv.Complex Request – a FOIA request within DOI’s multi-track processing system that a DOI bureau/office requires more than 20 workdays to process based on the high volume and/or complexity of the records requested. l.Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason. m.Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects. n.Perfected Request – a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.o.Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.p.Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals. q.Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request).3.The nine FOIA exemptions authorize Federal agencies to withhold information:a.Exemption 1: classified national defense and foreign relations informationb.Exemption 2: internal agency rules and practicesc.Exemption 3: information that is prohibited from disclosure by another federal lawd.Exemption 4: trade secrets and other confidential business informatione. Exemption 5:inter-agency or intra-agency communications that are protected by legal privilegesf.Exemption 6: information involving matters of personal privacyg.Exemption 7:records or information compiled for law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individualh.Exemption 8: information relating to the supervision of financial institutionsi.Exemption 9:geological information on wells IV.Exemption 3 Statutes A.Exemption 3 Statutes Relied upon to Withhold InformationStatuteType of Information WithheldCase CitationNumber of Times Relied upon per Bureau/OfficeTotal Number of Times Relied upon by AgencyFederal Property and Administrative Services Act (41 U.S.C. § 253b(m))Certain information in contractor proposals or the proposals of unsuccessful bidders.Hornbostel v. U.S. Department of the Interior, 305 F. Supp. 2d 21 (D.D.C. 2003)BLM: 6BOR: 2NPS: 1OIG: 312National Parks Omnibus Management Act (16 U.S.C. § 5937)Information about the nature & location of a resource that is endangered, threatened, rare or commercially valuable; mineral or paleontological objects or objects of cultural patrimony in the National Park System.Southwest Center for Biological Diversity v. USDA, 314 F.3d 1060, 1062 (9th Cir. 2002)BLM: 1BOR: 1NPS: 35Archaeological Resources Protection Act (16 U.S.C. § 470hh(a))Information describing historical and cultural resources and/or their specific locations.Starkey v. U.S. Department of the Interior, 238 F. Supp. 2d 1188 (S.D. Cal 2002)BLM: 18BOR: 1MMS: 1NPS: 2OSM: 1SOL: 124National Historic Preservation Act Amendments (16 U.S.C. § 470w-3)Information concerning the location, character or ownership of an historic resource.NoneBIA: 1BLM: 9BOR: 111Federal Cave Resources Protection Act (16 U.S.C. § 4301)Specific location of significant caves.NoneFWS: 11Rule 6(e),Federal Rules of Criminal Procedure(Grand Jury) (18 U.S.C. § 385)Information that would reveal identities of witnesses or jurors; testimony, strategy or direction of investigations; or juror deliberations/questions.McQueen v. United States, 179 F.R.D. 522, 528-30 (S.D. Tex. May 6, 1998)FWS: 4OIG: 37Procurement Integrity Act (41 U.S.C. § 423)Procurement information prior to the award of a contract.Legal & Safety Employer Research, Inc. v. U.S. Dep't of the Army, No. Civ. S001748, 2001 WL 34098652, at 3-4 (E.D. Cal. May 4, 2001) (dictum).BLM: 1NPS: 23V.FOIA Requests A.Received, Processed and Pending FOIA RequestsBureau/OfficeNumber of Requests Pending as of Start of Fiscal YearNumber of Requests Received in Fiscal YearNumber of Requests Processed in Fiscal YearNumber of Requests Pending as of End of Fiscal YearBIA1769751004147BLM114922922114BOR3220219836FWS13411801160154MMS3222221836NPS115857859113OIG2636979253OS85503391197OSM537357SOL44957564USGS1714614716AGENCY OVERALL1017*520850881137 *Although DOI indicated in its FY 2008 Annual Report that there were 905 requests pending at the end of the fiscal year, the figure denoted in this chart is correct. The difference is attributed to the following: 1) in some instances the bureau/office did not show requests that were in fact completed in FY 2008 as completed in the EFTS until after the FY 2008 report was finalized; 2) there were some discrepancies in accounting; 3) requests opened in the EFTS solely for the purpose of electronically assigning action to a Regional or Field Office were not counted in prior reports, but are counted here and will be included in future reports; and 4) some bureaus/offices were not using an electronic tracking system and their numbers reported were inaccurate. B. (1)Disposition of FOIA Requests – All Processed Requests Bureau/ OfficeNumber ofFull GrantsNumber of Partial Grants/ Partial DenialsNumber of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than Exemptions                     No RecordsAll Records Referred to Another Bureau/ Office or AgencyRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper FOIA Request for Other ReasonNot Agency RecordDuplicate RequestOtherTotalBIA495249189133124299520301004BLM40826415116273414521675922BOR1242181088314047198FWS8041221785181610201941160MMS1343332128024443218NPS5591632637613101312722859OIG3338602800010079OS13047559861016237620391OSM262040120000035SOL23102221407006075USGS603072106830480147AGENCY   OVERALL276697410947215115978834828591615088 B. (2)Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) ChartBureau/OfficeDescription of "Other" Reasons for Denials from Chart B (1)  & Number of Times Those Reasons Were Relied uponTOTALBIAAssigned to other bureau/office for response: 12Consent form not provided: 8Litigation: 4Requester failed to provide requested clarification: 5Unable to locate requester/mail returned: 130BLMRequest administratively closed: 2Assigned to other bureau/office for response: 1Requester failed to provide requested clarification: 25BORRequest administratively closed: 3Assigned to other bureau/office for response: 3Requester failed to provide requested clarification: 17FWSRequest administratively closed: 1Assigned to other bureau/office for response: 74Requester failed to provide requested clarification: 1994MMSRequester failed to provide requested clarification: 33NPSRequest administratively closed: 11Assigned to other bureau/office for response: 6Requester failed to provide requested clarification: 522OIGNot Applicable0OSNot Applicable 0OSMNot Applicable 0SOLNot Applicable 0USGSNot Applicable 0AGENCY OVERALL 161 B. (3)Disposition of FOIA Requests – Number of Times Exemptions AppliedBureau/ OfficeEx.1Ex.2Ex.3Ex.4Ex.5Ex.6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex.9BIA02112171901019800000BLM0432633712071405305606BOR0431281500100200FWS19521838015022912101MMS011118121800000000NPS210831241671713903101OS01008233310001000OIG025311334603201000OSM00101100000000SOL021011000000000USGS0001910720000002AGENCY OVERALL31164915527375265224592210010VI.ADMINISTRATIVE Appeals of Initial DETERMINATIONS of FOIA Requests A.Received, Processed and Pending Administrative AppealsNumber of Appeals Pending as of Start of Fiscal YearNumber of Appeals Received in Fiscal YearNumber of Appeals Processed in Fiscal YearNumber of Appeals Pending as of End of Fiscal Year553149259443 Disposition of Administrative Appeals – All Processed AppealsNumber Affirmed on AppealNumber Partially Affirmed & Partially Reversed/Remanded on AppealNumber Completely Reversed/Remanded on AppealNumber of Appeals Closed for Other ReasonsTOTAL16530208259C. (1)Reasons for Denial on Appeal – Number of Times Exemptions Applied Ex.1Ex.2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex.902017900200000C. (2) Reasons for Denial on Appeal – Reasons Other than ExemptionsNo Records18Records Referred at Initial Request Level0Request Withdrawn0Fee-Related Reason10Records Not Reasonably Described1Improper Request for Other Reasons1Not Agency Record2Duplicate Request or Appeal0Request in Litigation20Appeal Based Solely on Denial of Request for Expedited Processing0Other * Explain in Chart Below 156C. (3)Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied uponTOTALAdequate search conducted12Administratively closed94Appeal withdrawn8Bureau did not review withheld records1Bureau did not waive exemption4Bureau failed to respond timely6Bureau issued a complete response2Premature appeal1Not a proper appeal2Procedural deficiency - No exemption cited15Exemption 7A issue moot1Search certificate not required at admin level1Unable to obtain info needed to finalize decision1Vaughn index not required at admin level8AGENCY OVERALL156C. (4)Response Time for Administrative AppealsMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days86993912956C. (5)Ten Oldest Pending Administrative Appeals Date of Receipt of Ten Oldest Appeals10th Oldest Appeal9th8th7th6th5th4th3rd2ndOldest Appeal12/22/0312/22/0312/17/0312/17/0312/17/0312/15/0312/15/0312/15/0312/09/0312/05/03Number of Days Pending1561156115641564156415661566156615701572VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending RequestsA.Processed Requests – Response Time for All Processed Perfected RequestsNOTE: (1) All charts that report median and average processing times for the “Agency Overall” do not include the median and average processing times reported for OIG, one NPS region, or most BIA requests received prior to October 1, 2008. OIG is using its own electronic request tracking system and a number of its oldest requests continue to be tracked manually. The one NPS region only began using the Department’s electronic FOIA tracking system (EFTS) at the end of FY 2009. Most BIA requests received prior to October 1, 2008 had not been entered in the EFTS yet. When appropriate, the lowest and highest number of days for processing requests reported by these entities have been included in the times for the “Agency Overall.”(2) DOI uses four tracks to process requests: Simple, Normal, Complex, and Expedited. The Normal track is used for those requests that can be processed within 20 workdays.Bureau/OfficeSimpleNormalComplexExpedited ProcessingMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysBIA23<1131832<168930512257N/AN/AN/AN/ABLM33<191724<141582100<14064547BOR791201826<12323992541347129FWS69<1361216<12702762<16243419MMS22131516<1605981<1284N/AN/AN/AN/ANPS26<118513<159635767242610227OIG516331891631134717285053561219N/AN/AN/AN/AOS<11<1358<1614166<13571313<125OSMN/AN/AN/AN/A1418<1154656519111N/AN/AN/AN/ASOLN/AN/AN/AN/A48107<1501N/AN/AN/AN/AN/AN/AN/AN/AUSGS<11<12813<19223314166N/AN/AN/AN/AAGENCY OVERALL23<11891423<128503670<162446<129B. Processed Requests - Response Time for Perfected Requests in Which Information Was Granted Bureau/ OfficeSimpleNormalComplexExpedited ProcessingMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysBIA23<1131832<168930512251N/AN/AN/AN/ABLM33171826<14158299<14064547BOR11111201927<1232368154132213FWS69<1361317<12093170<162438129MMS11111718<16090107<1284N/AN/AN/AN/ANPS36<120414<159641787242610227OIG618322189472107517297054848219N/AN/AN/AN/AOS11<13913<161477223571313<125OSMN/AN/AN/AN/A1419<1154656519111N/AN/AN/AN/ASOLN/AN/AN/AN/A43722376N/AN/AN/AN/AN/AN/AN/AN/AUSGS<1<1<1<1814<19225364166N/AN/AN/AN/AAGENCY OVERALL24<11891521<129704376<162447<129C.Processed Requests – Response Time in Day IncrementsSimple RequestsBureau/Office1-20 Days21-40 Days41-60 Days61