U.S. Geological Survey, Kaibab National Park uranium mine materials

Beryl Lipton filed this request with the U.S. Geological Survey of the United States of America.
Tracking #

USGS-2016-00035

Est. Completion None
Status
Withdrawn

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All permits, environmental reviews, evaluations, reports, and related materials regarding uranium mining and uranium mines in Kaibab National Park. [For reference: http://www.alternet.org/environment/beyond-unacceptable-judge-oks-uranium-mine-grand-canyon]. The National Park service suggested that I contact you for related materials.

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 fees cannot be waived, 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,

Beryl C.D. Lipton

From: Freedom of Information Act, GS-GIO

Dear Ms. Lipton,

On October 22, 2015, the USGS Freedom of Information Act (FOIA) office
received your FOIA request, and assigned it control number *USGS-2016-00013*.
Please cite this number in any future communications with our office
regarding your request. You request the following information:

* All permits, environmental reviews, evaluations, reports, and related
materials regarding uranium mining and uranium mines in Kaibab National
Park**. For reference:*

*http://www.alternet.org/environment/beyond-unacceptable-judge-oks-uranium-mine-grand-canyon*
<http://www.alternet.org/environment/beyond-unacceptable-judge-oks-uranium-mine-grand-canyon>

*NOTE: Before I distribute this to the USGS Science Centers to conduct a
search, it appears you do not have a date for when to search. Please
identify the time-frame for which you are seeking records. *

Before proceeding with your request, I wanted to inform you that this
request presents *unusual circumstances* for the following reason(s): (1)
there is a need to search for and collect requested records from field
facilities or other establishments that are separate from the office
processing the request. Therefore, we are taking a 10-workday extension
under *43 C.F.R. § 2.19*
<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 4(A)(6)(viii) of the OPEN Government Act of 2007’s rule against
assessing FOIA processing fees. We have classified you as a “media”
requester. As such, we may charge you duplication costs (first 100 pages
or equivalent volume is free). *See **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>.
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. § 2.49(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 have asked us to waive the fees for processing your request, we have
granted your request for a fee waiver.

We cannot proceed further with the request until we receive clarifications
from you. In accordance with our regulations 43 CFR §2.5, if we do not
hear from you within 20 workdays of the date of this response, no later
than the close of business on *Friday November 20, 2015*, we will assume
you are no longer interested in this matter and will close the file on your
request.

If you have any questions concerning your request, please contact me, by
e-mail at foia@usgs.gov or by phone at (650) 329-4035.

Sincerely,
Judy Cearley
Freedom of Information Act (FOIA) Liaison
U.S. Geological Survey
Department of the Interior
(650) 329-4035
f <bmay@usgs.gov>oia@usgs.gov
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591

From: Freedom of Information Act, GS-GIO

Dear Ms. Lipton,

I am following up on the acknowledgement I sent to you on October 22,
2015. In the acknowledgement I requested for a time frame for the records
you are seeking. Wondering if you have considered a time frame yet.

Sincerely,
Judy Cearley
Freedom of Information Act (FOIA) Liaison
U.S. Geological Survey
Department of the Interior
(650) 329-4035
f <bmay@usgs.gov>oia@usgs.gov
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591

From: Freedom of Information Act, GS-GIO

Dear Ms. Lipton,

This is our final response to your FOIA request dated October 22, 2015, in
which you requested “*a**ll permits, environmental reviews, evaluations,
reports, and related materials regarding uranium mining and uranium mines
in Kaibab National Park**.” *

On October 22, 2015, I emailed you and requested that you clarify your
request. *See **43 C.F.R. § 2.5*
<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>,
Specifically, I asked you to identify the time-frame for which you are
seeking records. I informed you that if you did not respond within 20
workdays of my email (by November 20, 2015), that we would presume that you
are no longer interested in the records and close your request.
Additionally, on October 28, 2015, I emailed you as a reminder and asked if
you had considered a date for when to search. Your 20 workday deadline has
passed and I am closing your request. *See 43 C.F.R. § 2.5(d).*

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 30 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 USGS’s response is
in error. 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

Attention: FOIA/Privacy Act Appeals Office

1849 C Street, N.W.

MS-6556 MIB

Washington, DC 20240

Telephone: (202) 208-5339

Fax: (202) 208-6677

Email: FOIA.Appeals@sol.doi.gov

For more information on FOIA Administrative Appeals, you may review Subpart
H of the Department’s FOIA regulations, 43 C.F.R. Part 2, Sub-part 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>

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://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. If you
have any questions concerning your request, please contact me, by e-mail at
foia@usgs.gov or by phone at (650) 329-4035.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035
f <bmay@usgs.gov>oia@usgs.gov

From: MuckRock

To Whom It May Concern:

Please find below a FOIA request, revised and resubmitted.

Thank you.

____________________

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All permits, environmental reviews, evaluations, reports, and related materials regarding uranium mining and uranium mines in Kaibab National Park. [For reference: http://www.alternet.org/environment/beyond-unacceptable-judge-oks-uranium-mine-grand-canyon]. Please include all available materials for the time period from January 1, 1980 through the date this request is processed.

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 fees cannot be waived, 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,

Beryl C.D. Lipton

From: Freedom of Information Act, GS-GIO

Dear Ms. Lipton,

On December 8, 2015, the USGS Freedom of Information Act (FOIA) office
received your FOIA request, and assigned it control number *USGS-2016-00035*.
Please cite this number in any future communications with our office
regarding your request. You request the following information:

* All permits, environmental reviews, evaluations, reports, and related
materials regarding uranium mining and uranium mines in Kaibab National
Park. **Please include all available materials for the time period from
January 1, 1980 through the date this request is processed. **For
reference:*

*http://www.alternet.org/environment/beyond-unacceptable-judge-oks-uranium-mine-grand-canyon*
<http://www.alternet.org/environment/beyond-unacceptable-judge-oks-uranium-mine-grand-canyon>

Before proceeding with your request, I wanted to inform you that this
request presents *unusual circumstances* for the following reason(s): (1)
there is a need to search for and collect requested records from field
facilities or other establishments that are separate from the office
processing the request. Therefore, we are taking a 10-workday extension
under *43 C.F.R. § 2.19*
<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 4(A)(6)(viii) of the OPEN Government Act of 2007’s rule against
assessing FOIA processing fees. We have classified you as a “media”
requester. As such, we may charge you duplication costs (first 100 pages
or equivalent volume is free). *See **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>.
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. § 2.49(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 have asked us to waive the fees for processing your request, we have
granted your request for a fee waiver.

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 *March 7, 2016*.
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
e-mail at foia@usgs.gov or by phone at (650) 329-4035.

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

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035
f <bmay@usgs.gov>oia@usgs.gov

From: Freedom of Information Act, GS-GIO

Dear Ms. Lipton,

I have some questions to get clarifications on the scope of your request.
In your request you asked for information regarding Kaibab National Park.
There is no such “*Park”*. Are you seeking for information regarding the
Kaibab National *Forest*, or the Grand Canyon? Please clarify.

We have a website Uranium Mining in the Grand Canyon Region, available here:

http://www.usgs.gov/blogs/features/usgs_top_story/uranium-mining-in-the-grand-canyon-region/

We have publications, such as a Scientific Investigations Report 2010-5025
titled: *Hydrological, Geological, and Biological Site Characterization of
Breccia Pipe Uranium Deposits in Northern Arizona*, available here:
http://pubs.usgs.gov/sir/2010/5025/pdf/sir2010-5025.pdf

USGS Fact Sheet 2010-3050: *Breecia-Pipe Uranium Mining in Northern
Arizona-Estimate of Resources and Assessment of Historical Effects*,
available here: http://pubs.usgs.gov/fs/2010/3050/fs2010-3050.pdf

Are you seeking emails?

Are you seeking raw data?

​Are you seeking the *final *analysis/impacts/results/products?

Are you seeking for published or unpublished reports?

Are you seeking air quality, or water quality information?

Are you seeking for information that impact wildlife species, humans, or
the environment?

Please identify any specific topic for which you are seeking records.

I hope to hear from you. If you have any questions concerning your
request, please contact me, by email at foia@usgs.gov by phone at (650)
329-4035.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035
f <bmay@usgs.gov>oia@usgs.gov

From: Freedom of Information Act, GS-GIO

Dear Ms. Lipton,

I'm following up to my email to you, dated December 10, 2015, wondering if
you had a chance to review my questions.

In accordance with our regulations 43 CFR §2.5, if we do not hear from you
within 20 workdays of the date of this response, no later than the close of
business on *Wednesday January 13, 2016*, we will assume you are no longer
interested in this matter and will close the file on your request.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035
f <bmay@usgs.gov>oia@usgs.gov

From: Beryl Lipton

Hello Ms. Cearley,

Thanks so much for giving me a ring today. Let me know if there are any other questions you might have. Do you mind clarifying where we landed on the questions you sent me regarding the materials I can expect?

Thanks again so much for your time and patience. I really appreciate it.

Best,
Beryl

Are you seeking emails?
Are you seeking raw data?
​Are you seeking the *final *analysis/impacts/results/products?
Are you seeking for published or unpublished reports?
Are you seeking air quality, or water quality information?
Are you seeking for information that impact wildlife species, humans, or the environment?

From: Freedom of Information Act, GS-GIO

Good Morning Ms. Lipton,

There must be some misunderstanding, there was no discussion between you
and I, as I was out of the office on Friday.

If you have any questions concerning your request, please contact me, by
email at foia@usgs.gov, by phone at (650) 329-4035.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035
f <bmay@usgs.gov>oia@usgs.gov

From: Freedom of Information Act, GS-GIO

Dear Ms. Lipton,

This is our final response to your FOIA request dated December 8, 2015, in
which you requested “a*ll permits, environmental reviews, evaluations,
reports, and related materials regarding uranium mining and uranium mines
in Kaibab National Park. Please include all available materials for the
time period from January 1, 1980 through the date this request is
processed.* *For reference:*
*http://www.alternet.org/environment/beyond-unacceptable-judge-oks-uranium-mine-grand-canyon*
<%20http:/www.alternet.org/environment/beyond-unacceptable-judge-oks-uranium-mine-grand-canyon>
*.” *

On December 10, 2015, I emailed you and requested that you clarify your
request. *See **43 C.F.R. § 2.5*
<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>,

Additionally, on December 14, 2015, I emailed you as a reminder, and I
informed you that if you did not respond within 20 workdays of my email
(by January 13, 2016), that we would presume that you are no longer
interested in the records and close your request. Your 20 workday deadline
has passed and I am closing your request. *See 43 C.F.R. § 2.5(d).*

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 30 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 USGS’s response is
in error. 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

Attention: FOIA/Privacy Act Appeals Office

1849 C Street, N.W.

MS-6556 MIB

Washington, DC 20240

Telephone: (202) 208-5339

Fax: (202) 208-6677

Email: FOIA.Appeals@sol.doi.gov

For more information on FOIA Administrative Appeals, you may review Subpart
H of the Department’s FOIA regulations, 43 C.F.R. Part 2, Sub-part 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>

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://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. If you
have any questions concerning your request, please contact me, by e-mail at
foia@usgs.gov or by phone at (650) 329-4035.

Sincerely,
Judy Cearley
Government Information Specialist
U.S. Geological Survey
Department of the Interior
345 Middlefield Road, MS:955
Menlo Park, CA 94025-3591
(650) 329-4035
f <bmay@usgs.gov>oia@usgs.gov

>

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