First FOIA (National Park Service)
| Multi Request | First FOIA |
| Submitted | May 20, 2019 |
| Est. Completion | None |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
*Documents generated as part of the creation of the FOIA office (defined as whatever department, office, or coordinator is responsible for overseeing and/or processing FOIA requests), whether this was at the time of the agency's creation or the passage of the Freedom of Information Act, to include:
1. The instruction to do so from the Agency, as well as any guidance from the senior leadership
2. Documents discussing proposals and procedures
3. Any legal guidance or analysis produced or acquired by the Agency in response to or as part of the creation of the FOIA office
4. Internal documents from the press office, legislative liaison's office (or equivalent), general counsel's office (or equivalent), director's office (or equivalent) or the newly created FOIA office, reacting to or characterizing the office and it's creation
* A copy of the agency's first perfected (successful) FOIA request
* Copies of other FOIA requests filed before the FOIA request described above
* Processing notes, search slips and response documents regarding the FOIA requests described above
* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA requests
* A copy of the agency's first successful FOIA appeal
* Copies of other FOIA appeals received by the agency before the appeal described above
* Processing notes, search slips and response documents regarding the FOIA appeals described above
* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA appeals
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,
Emma Best
From: National Park Service
I will be out of the office this afternoon. I will respond to your message when I am back in the office on May 22, 2019. .
Sincerely,
C.
--
____________________ Ms. Charis Wilson, PhD, CRM
NPS FOIA Officer
12795 W. Alameda Parkway
PO Box 25287
Denver, CO 80225-0287
303-969-2959
Fax: 303-969-2557
1-855-NPS-FOIA
npsfoia@nps.gov (mailto:charis_wilson@nps.gov)
From: National Park Service
Ms. Best,
In accordance with 43 CFR 2.5(a), a requester must describe the records in
sufficient detail to enable an employee familiar with the subject area of
the request to locate responsive records with a reasonable amount of
effort. Your request does not meet this requirement. Because of the
nature of your request, we are unable to determine exactly what records you
are requesting. It is not clear exactly what "Office" you are referring
to. If you are referring to the office of the Deputy Chief FOIA Officer
(DCFO) that was created under Secretarial Order 3371
<https://www.doi.gov/sites/doi.gov/files/uploads/so_3371.pdf>, then you
should submit your request to the Office of the Solicitor FOIA Office, as
the DCFO is being established as a unit within the Department of the
Interior's (DOI) Office of the Solicitor (SOL). Additionally, the National
Park Service does not handle appeals, those are processed by the DOI FOIA
Appeals Officer, which is also under the DOI SOL.
Please be as specific as possible concerning the type of documents you are
requesting. If you know, please include the date, title or name, author,
recipient, and subject matter of the records you are seeking. Additionally,
please identify the geographical location and timeframe for which you are
seeking records. It is unclear whether your request covers only records in
the bureau’s headquarters or in its field offices as well.
We will be unable to proceed further with your request until we receive
additional clarification from you. In accordance with our regulations (43
CFR 2.51), if we do not hear from you within 20 workdays of the date of
this letter, we will assume you are no longer interested in this matter and
will close the file on your request. Please feel free to contact me to
discuss your request.
Sincerely,
C.
____________________
Ms. Charis Wilson, PhD, CRM
NPS FOIA Officer
12795 W. Alameda Parkway
PO Box 25287
Denver, CO 80225-0287
303-969-2959
Fax: 303-969-2557
1-855-NPS-FOIA
npsfoia@nps.gov <charis_wilson@nps.gov>
From: Emma North-Best
Each of the points you raised are addressed in the original request, and the request was more than specific enough for a knowledgable individual to calculate and begin a search for the materials.
From: National Park Service
Ms. Best,
Based on your response to our request for clarification, we are
interpreting your request to be seeking records relating to the
implementation of the Freedom of Information Act (FOIA) by the National
Park Service (NPS) after the initial passage of the FOIA in 1966, rather
than the creation and implementation of the office of the Deputy Chief FOIA
Officer as established under Department of the Interior by Secretary's
Order No. 3371. Accordingly, after conducting a search of our files we
have determined we have no responsive records.
In accordance with the National Archives approved records schedule
N1-079-08-008 Item C, NPS retains records relating to the processing of
FOIA requests for 7 years. Accordingly, we do not have any records for
that time period. It is possible that such records may have been
previously transferred to the National Archives. However, if such records
exist in the archives they are no longer NPS property but rather are in the
possession and control of the National Archives and Records Administration
(NARA) facility in College Park, Maryland.
<https://www.archives.gov/college-park> A general finding aid to records
within the 079 record group that are held in College Park is available on
our website
<https://www.nps.gov/aboutus-nri/foia/upload/NPSrg79_inventory-5.pdf>.
Should you consider this NO RECORDS response to be a denial of your
request, you have the right to appeal. You may file an appeal by writing
to:
Freedom of Information Act Appeals Officer
Office of the Solicitor
U.S. Department of the Interior
1849 C Street, NW
MS-6556-MIB,
Washington, D.C. 20240
foia.appeals@sol.doi.gov
Your appeal must be received no later than 90 workdays after the date of
this final response. The appeal should be marked, both on the envelope and
the face of the appeal letter, with the legend "FREEDOM OF INFORMATION
APPEAL." Your appeal should be accompanied by a copy of your original
request and copies of all correspondence between yourself and the National
Park Service related to this request, along with any information you have
which leads you to believe the records are available, including where they
might be found, if the location is known to you. Please note, appeals
received after 5 p.m. EST will be considered to have been received as of
the following day.
Also as part of the 2007 OPEN Government Act FOIA amendments, the Office of
Government Information Services (OGIS) was created to offer mediation
services to resolve disputes between FOIA requesters and Federal agencies
as a nonexclusive 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 (OGIS)
National Archives and Records Administration
Room 2510
8601 Adelphi Road
College Park, MD 20740-6001
E-mail: ogis@nara.gov
Phone: 301-837-1996
Fax: 301-837-0348
Toll-free: 1-877-684-6448
Additionally, because the National Park Service creates and maintains law
enforcement records, we are required by the Department of Justice to
provide the following information, even though it may or may not apply to
your specific request. Congress excluded three discrete categories of law
enforcement and national security records from the requirements of the
FOIA. See 5 U.S.C. 552(c) (2006 & Supp. IV 2010). This response is limited
to those records that are subject to the requirements of the FOIA. This is
a standard notification that we are required to give all our requesters and
should not be taken as an indication that excluded records do, or do not,
exist.
Please do not hesitate to contact me, both as the NPS FOIA Liaison and the
person who processed your request, with any further questions or concerns.
I can be reached at the address above or by phone at 303-969-2959. I can
also be reached via e-mail at charis_wilson@nps.gov.
Sincerely,
C.
____________________
Ms. Charis Wilson, PhD, CRM
NPS FOIA Officer
12795 W. Alameda Parkway
PO Box 25287
Denver, CO 80225-0287
303-969-2959
Fax: 303-969-2557
1-855-NPS-FOIA
npsfoia@nps.gov <charis_wilson@nps.gov>
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