DEPARTMENT OF THE INTERIOR
Freedom of Information Act 1998 Annual Report
October 1, 1997 - September 30, 1998

Bureau/Office MMS/RMP
Reporting Official Gregory K. Kann

Telephone No. (303) 231-3013
Date December 3, 1998

1. (To be completed by the Department)
2. (To be completed by the Department)
3. Definitions of Terms and Acronyms Used in the Report
   1. Bureau - specific acronyms or other terms included in each report.
      (To be completed by the bureau if appropriate)
   2. 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 Privacy Act 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 Freedom of Information Act.
      3. Appeal – a request to a federal agency asking that it review at a highe administrative level a full denial or partial denial of access to records under the Freedom of Information Act, 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.
      6. A requester who has an urgent need for records may request expedited processing (see below).
      7. 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.
      8. 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.
      9. 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.
      10. Grant -- an agency decision to disclose all records in full in response to a FOIA request.
      11. 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.
      12. 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).
      13. Time limits -- the time period in the Freedom of Information Act for an agency to respond to a FOIA request (ordinarily 20 working days from proper receipt of a "perfected" FOIA request).
      14. "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.
      15. 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).
      16. Median number -- the middle, not average number. For example, 3, 7, and 14, the median number is 7.
      17. 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.
4. Exemption 3 Statutes (NONE
   1. List of Exemption 3 statutes relied on by bureau during current fiscal year and number of times invoked.
   2. Brief description of type(s) of information withheld under each statute.
   3. Statement of whether a court has upheld the use of each statute. If so, then cite example (To be completed by SOL)
5. 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.
   1. 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 ---15
      2. Number of requests received during current fiscal year ---203
      3. Number of requests processed during current fiscal year ---194
      4. Number of requests pending as of end of current fiscal year ---24
         (Enter this number also in line VII.B.1.)
   2. Disposition of initial requests.
      1. Number of total grants ---155
      2. Number of partial grants ---15
      3. Number of denials ---2
         • Even though more than one exemption may be invoked for each denial, it still only constitutes one denial.
         • Include fee waiver denials under item 4d, "Fee-related reason".
         • A "no record" response does not constitute a denial which would be reported under 3--these should be included under 4a, "No records".
         1. Number of times each FOIA exemption used (counting each exemption once per request)
            1. Exemption 1 ________0____
            2. Exemption 2 ________1____
            3. Exemption 3 ________0____
            4. Exemption 4 _______16____
            5. Exemption 5 ________1____
            6. Exemption 6 ________0____
            7. Exemption 7 (A) _____0____
            8. Exemption 7 (B) _____0____
            9. Exemption 7 (C) _____0____
            10. Exemption 7 (D) _____0____
            11. Exemption 7 (E) _____0_____
            12. Exemption 7 (F) _____0_____
            13. Exemption 8 ________0_____
            14. Exemption 9 ________0_____
      4. Other reasons for nondisclosure (total)_____22___
         1. no records __________________________________8_____
         2. referrals ____________________________________2_____
         3. request withdrawn ___________________________11____
         4. fee-related reason_____________________________1_____
         5. records not reasonably described _________________0____
         6. not a proper FOIA request for some other reason _____0____
         7. not an agency record _________________________0_____
         8. duplicate request ______________________________0____
         9. other (specify) ________________________________0___
            (If a request was denied under the Privacy Act, specify which Privacy Act exemption was used to deny the information.)
6. 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.
   1. Numbers of appeals.
      1. Number of appeals received during fiscal year __________
      2. Number of appeals processed during fiscal year __________
   2. Disposition of appeals.
      1. Number completely upheld __________
      2. Number partially reversed __________
      3. Number completely reversed __________
         1. 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)___________
         1. no records ___________
         2. referrals _____________
         3. request withdrawn ___________
         4. fee-related reason ___________
         5. records not reasonably described ____________________
         6. not a proper FOIA request for some other reason _______
         7. not an agency record _________
         8. duplicate request ____________
         9. other (specify) ______________
            (If a request was denied under the Privacy Act, specify which Privacy Act exemption was used to deny the information.
7. 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).

   1. Processing time for requests processed during the year.
      1. Normal Processing
         1. number of requests processed ___194____
         2. median number of days to process ____11____
         3. average number of days to process (optional)____17.5___
      2. Requests accorded expedited processing.
         1. number of requests processed _____0____
         2. median number of days to process _____0____
         3. average number of days to process (optional)_____0____
            (NOTE: DOI does not use multitrack processing at this time.)
   2. Status of pending requests.
      1. Number of requests pending as of end of FY 98 _____24_____
         (Enter this number from Line V.A.4.)
      2. Median number of days that such requests were
         pending as of that date (September 30, 1998)______9____
      3. Average number of days that such requests were
         pending as of that date (optional)_____45.7___
         
8. Comparisons with Previous Year(s)
   Bureaus should state comparisons both in total numbers and in percentage of change.
   (Note that the figures reported in the FY 97 report cover 9 months only--in providing the figures requested below, please use a 12-month period.)
1. Comparison of numbers of requests received:
   • Fiscal Year...No....% change over FY 97
   • ..FY 98.......203.......-5.58
   • ..FY 97.......215
2. Comparison of numbers of requests processed:
   • Fiscal Year...No....% change over FY 97 (if available)
   • ..FY 98.......194.........-3.0
   • ..FY 97.......200
3. Comparison of median numbers of days requests were pending at the end of FY:
   • Fiscal Year...No....% change over FY 97 (if available)
   • ..FY 98....Not Available
   • ..FY 97....Not Available
4. 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.):

   RMP has begun posting more information to the internet to reduce requests for that information. We also published the "Guide to Royalty Information" which contains instructions on how to obtain information, which records require a FOIA request and which do not, and other sources to obtain information. Also, we entered into a contract to develop an automated workflow system to more efficiently process requests and convert paper records to electronic format.

9.   Costs/FOIA Staffing
   1. Staffing levels.
      1. Number of full-time FOIA personnel_____2____
      2. Number of personnel with part-time or
         occasional FOIA duties (in total work-years)_____2____
      3. Total number of personnel (in work-years)____4_____
   2. 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....$304,132.28
         • Other...See note below
         • *Includes other costs of approximately $30,000. I did not take the time to break out copy costs, computer time, etc.
      2. Litigation-related activities (estimated)
         • Staff____0____
         • Other____0____
      3. Other costs - administering the program (training, home page
         costs etc.)...................*$2.000
         *Estimated as we did not capture actual homepage costs, etc.
      4. Total costs $306,132.28
      5. Comparison with previous year(s) (including % of change)....*65%
         (optional for FY 98)
         *based on only 9 months data for FY97 ($121,132/$185,000)
   3. Statement of additional resources needed for FOIA compliance *2 FTE

      *RMP needs two additional full time employees to process requests which are becoming more voluminous and complex. We lost one FTE last year to the records management function. We will need additional funding to enhance the automated system to allow preparation of the Annual Report to Congress and to expand the system MMS wide.

10. Fees--This includes charges for search, review (commercial-use requesters only), document duplication, and any other direct costs permitted under agency regulations.
    1. Total amount of fees collected by agency for processing requests.......*$35,120.17
    2. Percentage of total costs.....................11.5% billed
       ..........................................................10.9% collected
       *Total for all bills for the 194 requests completed. If we exclude bills which have not been paid, the total collections would be only $33,326.35.
11.   FOIA Regulations (Including the Fee Schedule)
    (To be completed by the Department)