**DEPARTMENT OF THE INTERIOR**

**Freedom of Information Act 2000 Annual Report**

**October 1, 1999 - September 30, 2000**

Bureau/Office National Park Service

Reporting Official Diane Cooke

> Telephone No. 202-208-3933
>
> Date 12/14/00

**I & II.** **(To be completed by the Department)**

**III.** Definitions of Terms and Acronyms Used in the Report

A. Bureau - specific acronyms or other terms included in each report.

(**To be completed by the bureau if appropriate**)

B. Basic terms expressed in common terminology.

1.  **FOIA/PA request** -- **Freedom of Information Act/Privacy Act
    request.** A FOIA request is generally a request for access to
    records concerning a third party, an organization, or a particular
    topic of interest. A PA request is a request for records concerning
    oneself; such requests are also treated as FOIA requests. **(All
    requests for access to records, regardless of which law is cited by
    the requester, are included in this report)**.

2.  **Initial Request** -- a request to a Federal agency for access to
    records under the FOIA.

3.  **Appeal** -- a request to a Federal agency asking that it review at
    a higher administrative level a full denial or partial denial of
    access to records under the FOIA, or any other FOIA determination
    such as a matter pertaining to fees.

4.  **Processed Request or Appeal** -- a request or appeal for which an
    agency has taken a final action on the request or the appeal in all
    respects.

5.  **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 in each track are processed on a
    first-in/first-out basis. A requester who has an urgent need for
    records may request expedited processing (see below).

6.  **Expedited processing** \-- an agency will process a FOIA request
    on an expedited basis when a requester has shown an exceptional need
    or urgency for the records which warrants prioritization of his or
    her request over other requests that were made earlier.

7.  **Simple request** \-- a FOIA request that an agency using
    multi-track processing places in its fastest (nonexpedited) track
    based on the volume and/or simplicity of records requested.

8.  **Complex request** \-- a FOIA request that an agency using
    multi-track processing places in a slower track based on the volume
    and/or complexity of records requested.

9.  **Grant** \-- an agency decision to disclose all records in full in
    response to a FOIA request.

10. **Partial grant** \-- an agency decision to disclose a record in
    part in response to a FOIA request, deleting information determined
    to be exempt under one or more of the FOIA's exemptions; or a
    decision to disclose some records in their entireties, but to
    withhold others in whole or in part.

11. **Denial** \-- an agency decision not to release any part of a
    record or records in response to a FOIA request because all the
    information in the requested records is determined by the agency to
    be exempt under one or more of the FOIA's exemptions, or for some
    procedural reason (such as because no record is located in response
    to a FOIA request).

12. **Time limits** \-- the time period in the FOIA for an agency to
    respond to a FOIA request (ordinarily 20 working days from proper
    receipt of a "perfected" FOIA request).

13. "**Perfected" request** \-- a FOIA request for records which
    adequately describes the records sought, which has been received by
    the FOIA office of the agency or agency component in possession of
    the records, and for which there is no remaining question about the
    payment of applicable fees.

14. **Exemption 3 statute** \-- a separate Federal statute prohibiting
    the disclosure of a certain type of information and authorizing its
    withholding under FOIA subsection (b)(3).

15. **Median number** \-- the middle, not average number. For example,
    3, 7, and 14, the median number is 7.

16. **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.

**IV. Exemption 3 Statutes**

1.  List of Exemption 3 statutes relied on by bureau during current
    fiscal year and number of times invoked. **(Section 207 of the
    Thomas Bill. Invoked 1 time)**

2.  Brief description of type(s) of information withheld under each
    statute. **(Location of Endangered Species)**

3.  Statement of whether a court has upheld the use of each statute. If
    so, then cite example **(To be completed by SOL**)

**V. Initial FOIA/PA Access Requests**

-   This should include all access requests, whether first-party or
    third-party.

Only "perfected" requests should be included. A "perfected request" is a
FOIA request for records which adequately describes the records sought,
which has been received by the FOIA office of the agency or agency
component in possession of the records, and for which there is no
remaining question about the payment of applicable fees.

**A. Numbers of initial requests.**

-   Even though a requester may ask for several items, e.g., copies of
    four audit reports, this still only constitutes one request.

-   The total of the numbers in lines 1 and 2, minus the number in line
    3, should equal the number in line 4.

> 1\. Number of requests pending as of end of preceding fiscal year
> [38]{.underline}
>
> 2\. Number of requests received during current fiscal year
> [816]{.underline}
>
> 3\. Number of requests processed during current fiscal year
> [796]{.underline}
>
> 4\. Number of requests pending as of end of current fiscal year
> [58]{.underline}

(Enter this number also in line VII.B.1.)

**B. Disposition of initial requests.**

> 1\. Number of total grants [588]{.underline}
>
> 2\. Number of partial grants [147]{.underline}
>
> 3\. Number of denials [45]{.underline}

-   Even though more than one exemption may be invoked for each denial,
    it still only constitutes one denial.

```{=html}
<!-- -->
```
-   Include fee waiver denials under item 3 (where the requester
    specifically asks for a fee waiver because he/she believes
    disclosure is in the public interest, 43 CFR 2.21), but distinguish
    these from the denial of records.

```{=html}
<!-- -->
```
-   A \"no record\" response does not constitute a denial which would be
    reported under 3\--these should be included under 4a, \"No records".

> a\. Number of times each FOIA exemption used (counting each exemption
> once per request)
>
> \(1\) Exemption 1 [0]{.underline}
>
> \(2\) Exemption 2 [6]{.underline}
>
> \(3\) Exemption 3 [1]{.underline}
>
> \(4\) Exemption 4 [26]{.underline}
>
> \(5\) Exemption 5 [53]{.underline}
>
> \(6\) Exemption 6 [60]{.underline}
>
> \(7\) Exemption 7 (A) [11]{.underline}
>
> \(8\) Exemption 7 (B) [6]{.underline}
>
> \(9\) Exemption 7 (C) [21]{.underline}
>
> \(10\) Exemption 7 (D) [0]{.underline}
>
> \(11\) Exemption 7 (E) [9]{.underline}
>
> \(12\) Exemption 7 (F) [1]{.underline}
>
> \(13\) Exemption 8 [0]{.underline}
>
> \(14\) Exemption 9 [0]{.underline}
>
> 4\. Other reasons for nondisclosure (total) [245]{.underline}
>
> a\. no records [126]{.underline}

b\. referrals [46]{.underline}

c\. request withdrawn [16]{.underline}

d\. fee-related reason [13]{.underline}

e\. records not reasonably described [7]{.underline}

> f\. not a proper FOIA request for some other reason [7]{.underline}

g\. not an agency record [14]{.underline}

h\. duplicate request [3]{.underline}

i\. other (specify) [13]{.underline} **(1) 552a(d)(5)(4**)

> **(If a request was denied under the Privacy Act, specify which**

**VI. Appeals of Initial Denials of FOIA/PA Requests (To be completed by
the Department.)**

-   This should include all access requests, whether first-party or
    third-party.

A. Numbers of appeals.

> 1\. Number of appeals received during fiscal year \_\_\_\_\_\_\_\_\_\_
>
> 2\. Number of appeals processed during fiscal year
> \_\_\_\_\_\_\_\_\_\_

B. Disposition of appeals.

> 1\. Number completely upheld \_\_\_\_\_\_\_\_\_\_
>
> 2\. Number partially reversed \_\_\_\_\_\_\_\_\_\_
>
> 3\. Number completely reversed \_\_\_\_\_\_\_\_\_\_

a\. Number of times each FOIA exemption used

(counting each exemption once per appeal)

> \(1\) Exemption 1 \_\_\_\_\_\_\_\_\_\_
>
> \(2\) Exemption 2 \_\_\_\_\_\_\_\_\_\_
>
> \(3\) Exemption 3 \_\_\_\_\_\_\_\_\_\_
>
> \(4\) Exemption 4 \_\_\_\_\_\_\_\_\_\_
>
> \(5\) Exemption 5 \_\_\_\_\_\_\_\_\_\_
>
> \(6\) Exemption 6 \_\_\_\_\_\_\_\_\_\_
>
> \(7\) Exemption 7(A) \_\_\_\_\_\_\_\_\_\_
>
> \(8\) Exemption 7(B) \_\_\_\_\_\_\_\_\_\_
>
> \(9\) Exemption 7(C) \_\_\_\_\_\_\_\_\_\_
>
> \(10\) Exemption 7(D) \_\_\_\_\_\_\_\_\_\_
>
> \(11\) Exemption 7(E) \_\_\_\_\_\_\_\_\_\_
>
> \(12\) Exemption 7 (F) \_\_\_\_\_\_\_\_\_\_
>
> \(13\) Exemption 8 \_\_\_\_\_\_\_\_\_\_
>
> \(14\) Exemption 9 \_\_\_\_\_\_\_\_\_\_
>
> 4\. Other reasons for nondisclosure (total) \_\_\_\_\_\_\_\_\_\_

a\. no records \_\_\_\_\_\_\_\_\_\_

b\. referrals \_\_\_\_\_\_\_\_\_\_

c\. request withdrawn \_\_\_\_\_\_\_\_\_\_

d\. fee-related reason \_\_\_\_\_\_\_\_\_\_

e\. records not reasonably described \_\_\_\_\_\_\_\_\_\_

f\. not a proper FOIA request for some other reason \_\_\_\_\_\_\_\_\_

g\. not an agency record \_\_\_\_\_\_\_\_\_\_

h\. duplicate request \_\_\_\_\_\_\_\_\_\_

i\. other (specify) \_\_\_\_\_\_\_\_\_\_

**(If a request was denied under the Privacy Act, specify which**

**Privacy Act exemption was used to deny the information.**

**VII. Compliance with Time Limits/Status of Pending Requests**

-   Bureaus should count days from the time at which a request is
    "perfected."

-   Bureaus should provide the median number of days under A and B. If
    the bureau believes that "average time" is a better measure of its
    performance, it may wish to include that as well.

-   **Examples - calculating the median:**

1\) Given 7 requests completed during the fiscal year, aged 10, 25, 35,
65, 75, 80, and 400 days from date for perfection to date of completion,
the total number of requests completed during the fiscal year would be 7
and the median age of the completed

requests would be 65 days.

> 2\) Example for calculation of median: If there were 6 pending cases
> aged 10, 20, 30, 50, 120, and 200 days from date of perfection to date
> of completion, the total number of requests completed would be 6 and
> the median age would be 40 days (the average of the 2 middle numbers).

A. Processing time for requests processed during the year.

1\. Normal Processing

> a\. number of requests processed [796]{.underline}
>
> b\. median number of days to process [18]{.underline}
>
> c\. average number of days to process (**optional**)
> \_\_\_\_\_\_\_\_\_\_

2\. Requests accorded expedited processing.

> a\. number of requests processed [n/a]{.underline}
>
> b\. median number of days to process [\_\_\_\_\_-\_\_\_\_]{.underline}
>
> c\. average number of days to process (**optional**)
> \_\_\_[\_-\_]{.underline}\_\_\_\_

(NOTE: DOI does not use multitrack processing at this time.)

B. Status of pending requests.

> 1\. Number of requests pending as of end of FY 2000 [20]{.underline}

(Enter this number from Line V.A.4.)

2\. Median number of days that such requests were

> pending as of that date (September 30, 2000) [14.25]{.underline}

3\. Average number of days that such requests were

pending as of that date ( **optional**) \_\_\_\_\_\_\_\_\_

**VIII. Comparisons with Previous Year(s)**

Bureaus should state comparisons both in total numbers and in percentage
of change.

A. Comparison of numbers of requests received:

No. % change over FY 99

FY 00 [820]{.underline} [-0.94]{.underline}

FY 99 [872]{.underline}

B. Comparison of numbers of requests processed:

No. % change over FY 99

FY 00 [796]{.underline} [-0.93]{.underline}

FY 99 [855]{.underline}

C. Comparison of median numbers of days requests were pending at the end
of FY:

No. % change over FY 99

FY 00 [14.25]{.underline} [-0.79]{.underline}

FY 99 [18]{.underline}

D. Other narrative statements describing bureau efforts to improve
timeliness of

FOIA responses and making records available to the public (e.g., backlog
-

reduction efforts, training provided by bureau to its employees (do not
list training sponsored by DOJ, ASAP, USDA), etc.):

-   **NPS has been working extremely hard to reduce any backlogs.**

```{=html}
<!-- -->
```
-   **The FOIA Officer has been spending time one-on-one with WASO
    program offices giving them guidance on how to prepare FOIA's. Also,
    the Regional FOIA Coordinators do provide training to their
    employees.**

**IX. Costs/FOIA Staffing**

A. Staffing levels.

> 1\. Number of full-time FOIA personnel [1]{.underline}

2\. Number of personnel with part-time or

occasional FOIA duties (in total work-years) [21.3]{.underline}

> 3\. Total number of personnel (in work-years) [22.3]{.underline}

B. Total Costs (including staff and all resources):

-   The salaries (or portion thereof) of the FOIA Officer/Coordinator(s)
    and others involved in administering/implementing the FOIA Program,
    including clerical support. For purposes of the report, use the
    individual\'s salary (exclude benefits and overhead)(include under
    1, 2, and 3, if applicable)

-   Cost to provide or attend training (include under 3).

-   Fees which are waived or not recovered, including those instances
    where the fee is \$15 or under, provided that a record of such fees
    is maintained as backup information (include under 1).

-   The cost to develop and maintain the bureau's FOIA home page
    (include under 3).

-   Other costs (Check with the Departmental FOIA Officer).

1\. FOIA processing (including appeals)

> Staff [\$441,175.8]{.underline}
>
> Other [\$595.00]{.underline}

2\. Litigation-related activities (estimated)

> Staff [0]{.underline}
>
> Other \_\_\_\_\_\_\_\_\_

3\. Other costs - administering the program (training, home

> page costs etc.) [\$12,200.00]{.underline}
>
> 4\. Total costs [\$453,970.80]{.underline}
>
> 5\. Comparison with previous year(s) (including % of change) [0.9%
> +5,730.73]{.underline}

-   **This change is due to an increase in staffing.**

> C. Statement of additional resources needed for FOIA compliance
> [\$1,000,000.00]{.underline}

-   **To be in compliance with EFOIA Servicewide.**

**X. Fees**

-   This includes charges for search, review (commercial-use requesters
    only), document duplication, and any other direct costs permitted
    under agency regulations.

A. Total amount of fees collected by agency for processing requests
[\$1,430.57]{.underline}

> B. Percentage of total costs [(-)1.43]{.underline}

**XI. FOIA Regulations (Including the Fee Schedule)**

(**To be completed by the Department**)