U.S. Department of Justice Environment and Natural Reso urces Division 236380-4-1-17-04429 Law and Policy Section P.O. Box 7415 Ben Franklin Station Wasltington, DC 20044-7415 Austin R. Evers American Oversight 1030 15th Street, NW Suite B255 Washington, DC 20005 foia@americanoversight.org Telephone (202) 514-0424 Facsimile (202) 514-4231 AUGO8 2017 FOIA No.: 2017-04429 Dear Mr. Evers: This letter responds to your Freedom of Information Act (FOIA) request seeking (1) "All communications, correspondence, meeting notices, meeting agendas, informational materials, talking points, or other materials exchanged between or used in discussions with the Tohono O'odham Nation, including but not limited to any lobbyist, lawyer, or other representat ive contacting DOJ on the tribe's behalf, and DOJ," and (2) "[a]ll communications, email, correspondence, meeting notices, meeting agendas, informational materials, talking points, or other materials exchanged between the Department of Homeland Security, including any of its component agencies, and DOJ regarding the Tohono O'odham Nation." You also requested records describing the processing of the FOIA request. The Environment and Natural Resources Division (ENRD) received your FOIA request on March 29, 2017 . Please find attached a PDF containing 13 pages responsive to your request, which we release in their entirety. We are withholding in full 6 pages which may be responsive to your request pursuant to Exemption 5 of the FOIA, wh ich applies to "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency ." The content of these records reflects the deliberative process of government, and may include opinions; preliminary conclusions and evaluations. Portions of this material are also protected by the attorney-client privilege and/or attorney work-product doctrine. 5 U.S.C. ? 552 (b)(5). The Division's search for records located 12 pages that originated with the U.S. Department of Homeland Security, Customs & Border Protection (CBP). These documents have been forwarded to that agency for release determination and direct response to you . In the future, please contact CBP directly at the following address regarding the se documents : U.S. Department of Homeland Security Customs & Border Protection Sabrina Burroughs FOIA Officer/ Public Liaison 1300 Pennsylvania Ave ., NW, Room 3.3D Washington, DC 20229-1181 (202) 325-0150 (Telephone) There are no fees associated with the processing of your FOIA request. For your information, Congress excluded three discrete categories oflaw 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 is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue , NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIA online portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail , both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal." If you need any further assistance, please contact Judy Harvey at (202) 514-3932 or our FOIA Public Liaison Amber Blaha at (202) 616-5515. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services it offers. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration , 8601 Adelphi Road-OGIS , College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at (202) 741-5770; toll free at 1 (877) 684-6448; or facsimile at (202) 741-5769. Sincerely, -2- Wood, Jeffrey (ENRD) From: Sent: To: Subject: Attachments: Hornbuckle, Wyn (OPA) Wednesday, March 29, 2017 3:03 PM Wood, Jeffrey (ENRD);Scherer,Kyle E.(OASG) Fwd: List of attendees Invitee.list.docx; ATT0000l.htm FYI Sent from my iPhone Begin forwarded message: From: "Savel, Nicole (USAAZ)" Date: March 29, 2017 at 11:27:35 AM MST To: "Hornbuckle, Wyn (OPA) (JMD)" Cc: "Figueroa, Jesse (USAAZ)" , "Strange, Elizabeth (USAAZ)" Subject: FW: List of attendees -----Original Message----From: Jasper V. Kinsley Jr.[mailto:Jasper.KinsleyJr@tonation-nsn.gov] Sent: Wednesday, March 29, 2017 11:23 AM To: Savel, Nicole (USAAZ) Subject: RE: List of attendees Good morning Nicole, here is the list I have so far. There may be a couple of other individuals showing, and will notify if there is. I am working on agenda as we speak. Been under the weather past couple of days, but will try to get you something by the end of the day. -----Original Message----From: Savel, Nicole (USAAZ) [mailto:Nicole.Savel@usdoj.gov] Sent: Tuesday, March 28, 2017 6:37 PM To: Jasper V. Kinsley Jr. Subject: List of attendees Hi Jasper: Would you happen to have a list of the anticipated attendees from the Tohono O'odham Nation for the meeting with ENRD that you could email to me? Thank you. Nicole Savel 1 DOJ-17-0053-A-000001 Justice DepartmentVisit Inviteelist 3/30/2017 o Edward D. Manuel o Chairman of the Tohono O'odham Nation o Timothy Joaquin o Tohono O'odham Nation Legislative Council Chairman, Representative for Gu Achi District o . Billman Lopez o Legislative Representative for Chukut Kuk District, Domestic Affairs Committee Chairman, Agricultural & Natural Resources Chairman o Ethel Garcia o Legislative Representative for Chukut Kuk District, Domestic Affairs Committee o Vernon Smith o Legislative Representative for Baboquivari District Domestic Affairs Committee o Grace Manuel o Legislative Representative for Gu Vo District, Appropriations Committee Chairwoman o Jana Montana o Legislative Representative for San Lucy District, Appropriations Committee o Laura Berglan o Acting Attorney General o Marlakay Henry o Director, Agricultural & Natural Resources o Gerald Fayuant o Executive Director, Planning o Angelina Lewis o CAO, Executive Office o Faith Liston o Governmental Affairs Assistant o Jasper Kinsley Jr. o Governmental Affairs Assistant DOJ-17-0053-A-000002 o General Talking Points - Tribal Meetings o The Environment and Natural Resources Division core mission includes: o Enforcement of civil and criminal environmental laws to protect our Nation's air, land, water, and natural resources for all Americans; o Defense of environmental, wildlife, and natural resources laws, as well as laws and agency actions affecting tribal nations and tribal interests; o Effectiverepresentationof the UnitedStatesin mattersconcerningour public lands and natural resources; and o Litigation to protect tribal sovereignty, tribal lands and resour~es, and tribal treaty rights. o o I want to highlight in particular our work relating to tribal lands, resources, and rights. o We work with Interior to litigate to protect lands held in trust for tribes, as well as the rights and resources associated with those lands. o Our Indian Resources Section asserts water rights claims for the benefit of tribes in order to secure safe and reliable drinking water, water for sanitation, economic development and other purposes. This o includes work on Indian water rights settlements and corresponding statutes which, when fully implemented, will resolve complex and contentious water rights issues in New Mexico, Arizona, Montana and Nevada. We are involved in complex water rights adjudications in nearly every western state. o o We also litigate in support of tribal lands. For example, the Division supported the Omaha Tribe in tribal court, U.S. district court, the Eighth Circuit Court of Appeals, and the Supreme Court, arguing that the Omaha Reservation remained intact and had not been diminished by 1882 legislation authorizing the sale of land on the western edge of the reservation to non-Indian settlers. In March 2016, the Supreme DOJ-17-0053-A-000003 Court confirmedits prior holdingsthat only Congresscan diminisha o reservation, and held that the 1882 legislation did not do so. o We also defend challenges to decisions made by the Secretary of the Interior on behalf of tribes. For example, ENRD defended Interior's decision to take land into trust for the Tohono O'odham Nation, reaching a successful outcome after remand from the Ninth Circuit. . o These are just a few examples of our work on behalf of tribes and tribal sovereignty. We value our gove~ent-to-government relationship, and want to work with you collaboratively whenever we can. - o DOJ-17-0053-A-000004 Department of Justice Visit Agenda 3/30/2017 11:30 a.m. - 12:00 p.m. Sign?in and meal 12:05 p.m. -1:25 p.m. Discussion on Natural Resources and Environmental Issues on Tohono O' odham Nation ** LunchBuffetwill be availablefrom 11:30a.m.to 12:30p.m. ** DOJ-17-0053-A-000005 Smiroldo , Charles (ENRD) From : Subject: Attachmen t s: Harvey, Judy (ENRD) Monday , Ap ril 03, 2017 2:56 PM Alexande r, Craig (ENRD); Shortell, Katherine (ENRD); Goldfrank, Andrew (ENRD); Sellers, Michelle (ENRD); Gette, James (ENRD); Crumrine, Troy (ENRD);Kilbourne, Jim (ENRD); McDevitt , John (ENRD);Quinn, Terrance (ENRD) Smiroldo , Charles (ENRD) ENRD FOIA 2017-04429 Evers (Border Wall and Tohono O'od ham Nation) DOJ-17-0053.pdf Tracking : Recipient Sent : To: Cc: Read Alexander, Craig (ENRD) Shorte ll, Katherine (ENRD) Read: 4/3/2017 3:02 PM Goldfrank, Andrew (ENRD) Read: 4/3/2017 3:27 PM Sellers, Mich elle (ENRD) Read: 4/3/2017 2:56 PM Gette , James (ENRD) Crumrine, Troy (ENRD) Read: 4/3/2017 2:56 PM Kilbourne , Jim (ENRD) McDevitt, John (ENRD) Read: 4/ 3/2017 3:25 PM Quinn, Terrance (ENRD) Read: 4/ 3/2017 2:56 PM Smiroldo , Charles (ENRD) Read: 4/3/2017 3:06 PM To : Indian Resources, Nat ural Resources, Land Acqu isitio n, and Appellate Section FOIA Contacts-Please find atta ched a FOIA req uest fro m Aust in Evers of Ame rican Oversight , requestin g certain communicat ions and other docume nts related to the Tohono O'odham Nation, from November 8, 2016 and April 3, 2017, specifically: 1. All communications , correspondence , meeting not ices, meeting agendas, informa t ional materials, ta lking points, or other materials exchanged between or used in discussions with the Tohono O'odh am Nat ion, including but not limi ted to any lob byist, lawye r, or other representative contacting DOJ on the tr ibe's behalf, and DOJ; 2. All communications, email, correspondence, meeting not ices, meeting agendas, informationa l materia ls, talking points , or other materials exchanged between the Departm ent of Homelan d Security, including any of its compo nent agencies, and DOJ regarding the Tohono O'odham Nat ion; and 3. Records describi ng the processing of this FOIA request. P~ease let us know by April 7 whether your section has any potenti ally responsive documents. If you r section has pot entially responsive documents we would like to set up a call April 10 or 11 to discuss t he follo w ing: Nature of potent ially responsive documents Estimated vo lume of responsive documen ts Potential places responsive documents woul d be stored (e.g. DM, Outlook, Relat ivity , paper files, off-site) Estimate of how many hou rs it would take to gat her all responsive document s Estimated portion of responsive document s that would be releasable, with ho ldable, or referable to anot her agency/DOJ component 6. If you anti cipate withholding or redacting inform at ion, what FOIA exemptions would be covered by (fo r more infor mat ion, see "Summ ary and Text of FOIA Exemptions " in FOIA Guidance & Resources) 7. Othe r entities t hat would have equities in how we process t his FOIA (e.g. client agencies, USAOs,defendants, joint prosecutors , CBI submitte rs) 1. 2. 3. 4. 5. 1 DOJ-17-0053-A-000006 8. Othe r potential ENRDcustodians of unique responsive documents Please bill all time you spend on th is FOIA request to DJ# 236380-4 -1-17-04429 . Please record your billable time (i.e., time spent on search for and review of records ) in CMS as Activity Code " Billable FOIA" and your non-b illable time in CMS as Activity Code "Case Related Work." For addit ional information, see "Time Reporting" in FOIA Guidance & Resources. Thank you. Judy Harvey U.S. Department of Justice Environment and Natural Resources Division Law and Policy Section (202) 514-3932 2 DOJ-17-0053-A-000007 Smiroldo , Charles (ENRD) From : Sent: To: Cc: Subject: Attac hments: Smiro ldo, Charles (ENRD) Thursday, March 30, 2017 8:58 AM Day, Regina (ENRD); Harvey, Judy (ENRD) Blaha, Amber (ENRD); Wardzinski , Karen (ENRD) ENRD FOIA 2017-044 29 Evers (Border Wall and Tohono O'odham Nation) DOJ-17-0053.pdf Thanks, Regina. Judy- this looks like a request for IRS. Should it go to any other sections? Amber and Karen - requester seeks expedited processing . Thanks. Rusty 236380-4-1-17-04429 New FOIA Austin Evers -American Over sight Received 3/29/17 No Ack let t er Orig inal Media Seeking a Fee Waiver Seeking Expedited processing Subject: All records from November 8, 2016 to the presen t , exchanged between Tohono O'odham Nation, lobb yist , lawyer or other representative contacting DOJ on t he Tribes behalf and USDOJor records exchanged betwee n OHSand the Tribe. Rusty/Ju dy From: American Oversight FOIA [ma ilto:foia@americanoversig ht.org] Sent : Wednesday, Ma rch 29, 2017 4 :20 PM To: ENRD, FOIARouting (ENRD) Subject: Expedited FOIA Request - DOJ-17-0053 Mr. Smiroldo: Please find attached a request for records under the Freedom of Informati on Act. American Oversight requests expedition pursuant to 28 C.F.R. ? 16.S(e)(l)(iv); accordingly, please forward a copy to Sarah Isgur Flores, Director, Office of Public Affairs. Sincerely , Cerissa Cafasso Amer ican Oversight DOJ-1 7-0053 1 DOJ-17-0053-A-000008 Smiroldo , Char les (EN RD) From: Sent: To: Cc: Subject : Att achments: Blaha, Amber (ENRD) Monday , April 03, 2017 2:59 PM Wardzinski, Karen (ENRD) Stoller, Stacy (ENRD); Harvey, Judy (ENRD); Smiroldo, Charles (ENRD) FOIA Requests - Border Related DOJ-17-0056.pdf; DOJ-17-0053.pdf Karen Here is a draft email for you to send to relevant OAAG folks regard ing the t wo recent FOIAs on border issues. Please let us know if you need anything else. Thanks, Amber *** Jeff , Bruce, Brandon At tached please find two FOIA requests from American Oversight related to U.S.-Mex ico border wall issues. The first seeks certai n communications and other documen ts related to the Tohono O'odham Nation, from November 8, 2016 to April 3, 2017, specifically : 1) Comm unications, correspondence , meeting notices, meeting agendas, informationa l materials, ta lking points, or other materials exchanged betwee n or used in discussions with the Tohono O'odham Nation or its representat ives. 2) Communicat ions between DHS, including its component agencies, and DOJ regarding the Tohono O'odham Nation . 3) Records describing th e processing of this request . The second seeks certain docume nts related to the border wall, from November 8, 2016 to April 3, 2017: 1) Any assessment or analysis regard ing the eminent doma in require ments for the construction of a wall , fence, or other physical barrier that would extend along the U.S.-Mexico border. 2) Any assessment or analysis regarding current ly available appropriations to acquire land in connection w it h the construction of a wall, fence, or other physical barrier tha t would extend the full length of the U.S.- Mexico border. 3) All communications with no n-govern mental persons, corpo rations, or other entities who own land along the U.S.-Me xico border regard ing pote ntial or actual eminent domain actions. 4) Any final legal advice of t he Office of Legal Counsel or certa in related documents relating to eminent doma in requirements or Takings Clause issues in connection with construction of wall/fence. 5) Records describ ing the processing of this request. Please let us know if you have any responsive record s. If you have responsive email records, please segregate t hem in a folder and we will work with you to collect them electronically. We'd appreciate a response (including a response that you do not have responsive records) by Friday, April 14 if possible. Please contact me, Judy Harvey, Stacy Stoller, or Rusty Smiroldo if you have any questions. 1 DOJ-17-0053-A-000009 ..,-------------~------------------------- ----Smiroldo, Charles (ENRD) From: Cc: Subject: Harvey, Judy (ENRD) Monday, April 03, 2017 2:50 PM Wardzinski, Karen (ENRD); Smiroldo, Charles (ENRD) Blaha, Amber (ENRD); Stoller, Stacy (ENRD) RE: ENRD FOIA 2017-04429 Evers (Border Wall and Tohono O'odham Nat ion) Tracking: Recipient Read Wardz inski, Karen (ENRD) Read: 4/3/2017 4:43 PM Smirol do, Charles (ENRD) Read: 4/3/2017 3:07 PM Sent: To: Blaha, Amber (ENRD) Stoller, Stacy (ENRD) Karen, A heads up that both the recent FOIAs from American Oversight have requested expedited processing, basing their request on DOJ FOIA regulations which refer to a "matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity that affect public confidence." See 28 C.F.R. 16.S(e)(l)(iv) . Under the DOJ regulations, requests based on these grounds for expedited processing must be submitted to the Director of the Office of Public Affairs (OPA) for handling and a determination. The requester's letter indicates that he provided a copy to the Director of OPA. We plan on reaching out to make sure that OPA received the request and to let them know that we are available to answer any questions they have. Thanks, Judy From: Wa rdzinsk i, Karen (ENRD) Sent : Thursday, March 30, 2017 9:01 AM lo: Smirol do, Charles (ENRD) Cc: Day, Regina (ENRD) ;Harvey, Judy (ENRD) ; Blaha, Amber (ENRD) Subject: Re: ENRD FOIA 2017-04429 Evers (Border Wal l and Tohono O'od ham Nation ) Should also go to LAS Sent from my iPhone On Mar 30, 2017, at 8:57 AM, Smiroldo, Charles (ENRD) wrote: Thanks, Regina. Judy - t his looks like a req uest for IRS. Should it go t o any other sections? Amber and Karen - requeste r seeks expedited pro cessing. Thanks. Rusty 236380 -4-1- 17-04429 1 DOJ-17-0053-A-000010 New FOIA Austin Evers - American Oversight Received 3/29/17 No Ack letter Original Me di a Seeking a Fee Waiver Seeking Expedited proce ssing Subject : All records from November 8, 2016 to t he present , exchanged between Tohono O' odham Nation , lobbyis t, lawyer or ot her representative contacting DOJ on the Tribes behalf and USDOJor records exchanged bet ween OHSand the Tribe. Rusty/Judy From: Amer ican Oversight FOIA [mailto :foia@americanoversight .org 1 Sent : Wednesday , March 29, 2017 4:20 PM To: ENRD, FOIARouting (ENRD) Subject: Expedited FOIA Request - DOJ-17-0053 Mr. Smirol do : Please find attached a request for records under the Freed om of Informat ion Act. American Oversight requests expedition pursuant to 28 C.F.R. ? 16.5(e)(l )(iv); accordingly , please forward a copy to Sarah Isgur Flores, Director, Office of Public Affairs. Sincerely, Cerissa Cafasso American Oversight DOJ-17-0053 2 DOJ-17-0053-A-000011 Smiroldo, Charles (ENRD) From : Sent: To : Cc: Subject: Wardz inski, Karen (ENRD) Thursday, March 30, 2017 9:01 A M Smiroldo , Charles (ENRD) Day, Regina (ENRD); Harvey, Judy (ENRD); Blaha, Ambe r (ENRD) Re: ENRD FOIA 2017-04429 Evers (Border Wall and Tohono O'odham Nation) Should also go to LAS Sent from my iPhone On Mar 30, 2017, at 8:57 AM, Smiroldo, Charles (ENRD) wrote: Thanks, Regina. Judy - this looks like a req uest for IRS. Should it go to any other sections? Amber and Karen - requester seeks expedited processing . Thanks. Rusty 236380-4-1-17-04429 New FOIA Austin Evers -American Oversight Received 3/29/17 No Ack letter Orig inal Media Seeking a Fee Waiver Seeking Expedited processing Subject: All records from November 8, 2016 to the present , exchanged between Tohono O'o dham Nation , lobbyi st, lawye r or other representative contacting DOJon the Tribes behalf and USDOJor records exchanged between DHS and the Trib e. Rusty/J udy From: American Oversight FOIA [mailto:foia@americanoversight.org Sent : Wednesday, March 29, 2017 4:20 PM To: ENRD, FOIARouting (ENRD) Subject : Expedited FOIA Request - DOJ-17-0053 1 Mr. Smiroldo : Please find attached a request for records under the Freedom of Information Act. American Oversight requests expedition pursuant to 28 C.F.R. ? 16.5(e)( l)( iv); accordingly , please forward a copy to Sarah Isgur Flores, Director, Office of Public Affairs . 1 DOJ-17-0053-A-000012 Sincerely, Cerissa Cafa sso Ame rican Oversight DOJ -17-0053 2 DOJ-17-0053-A-000013 flECEIVE1 jjII BY! Februaryll,2019 FEB 142019 9OKStreetNE MS1181 Washington, DC 20229 ~ U.S. Customs and Border Protection Austin R. Evers American Oversight lo3OI5thStreet,NW Suite 8255 Washington, DC 20005 Re: DOJ-17-0053/ CBP-2017-083546 Dear Mr. Evers: This is the final response to your Freedom of Information Act (FOIA) request to Department of Justice (DOJ), dated March 29, 2017, received at this office on August 21,2017. In your request you seek the following records: 1. "All communications, correspondence, meeting notices, meeting agendas, informational material, talking points, or other materials exchanged between or used in discussions with the Tohono 0' odham Nation, including but not limisted to any lobbyist, lawyer, or other representative contacting DOJ on the tribe's behalf, and DOJ"; and 2. "All communications, email, correspondence, meeting notices, meeting agendas, informational materials, talking points, or other materials exchanged between the Department of Homeland Security, including any of its component agencies, and DOJ regarding the Tohono 0' odham Nation." DOJ referred 7 pages to our office, Customs and Border Protection (CBP), for review and direct response to you. After careful review CBP has determined that 7 pages are partially releasable, pursuant to Title 5 U.S.C. ? 552 (b)(5), (b)(6), (b)(7)(C) and (b)(7)(E). Enclosed are 7 pages with certain information withheld. FOIA Exemption (b)(5) exempts from disclosure those inter- or intra-agency documents that are normally privileged in the civil discovery context. After carefully reviewing the responsive documents, information in the responsive documents qualif~' for protection under the: o Attorney Work-Product Privilege, which protects documents and other memoranda prepared by an attorney in contemplation of litigation. FOIA Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public's right to disclosure against the individual's right privacy. [The types of documents and/or information that we have withheld may consist of birth certificates, naturalization certificates, driver license, social security numbers, home addresses, dates of birth, or various other documents and/or information belonging to a third party that are considered personal.] The privacy Austin R. Evers Page 2 interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. FOL& Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interest in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. FOJA Exemption (b)(7)(E) protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law. CBP has determined that disclosure could reasonably be expected to risk circumvention of the law This completes the CBP response to your request. You may contact CBP's FOIA Public Liaison, Charlyse Hoskins, by sending an email via your FOIAonline account, mailing a letter to 90 K St, NE MS 1181, Washington DC, 20229 or by calling 202-325-0150. The FOIA Public Liaison is able to assist in advising on the requirements for submitting a request, assist with narrowing the scope of a request, assist in reducing delays by advising the requester on the type of records to request, suggesting agency offices that may have responsive records and receive questions or concerns about the agency's FOIA process. Please notate file number CBP-2017-083546 on any future correspondence to CBP related to this request. If you are not satisfied with the response to this request, you have a right to appeal the final disposition. Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. ?5.8. Please include as much information as possible to help us understand the grounds for your appeal. You should submit your appeal via FOIAonline by clicking on the "Create Appeal" button that appears when you view your initial request. If you do not have computer access, you may send your appeal and a copy of this letter to: FOJA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.~ov/foia. Additional information can be found at the following link ~ Additionally, you have a right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as Austin R. Evers Page 3 follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis(~IJnara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-7415769. Please note that contacting the CBP FOIA Public Liaison or OGIS does not stop the 90-day appeal clock and is not a substitute for filing an administrative appeal. Sincerely, Miranda Oyler Government Information CBP FOIA Division C'-- - (b)(6) (b) (6) From: Sent To; Subject Attachm~~its: Wednesday, March 29, 2017 133 PM 01W o Fwd: proposed points for the Acting AssistantAttorney General Executive Order 13767.pdf ATr0000l.htm; Chairman M?nuei to Tucson Sector Acting oChiefjetterdQted March 9, 2017...pdf ATT00002.htm; USBP.tuc.sect.EO.13767.pdf A'T9'00003.htrn - (b) (6) Here are some talking points prepared by CBP for your meeting with the T.O. Natiob. Sent from my Phone Begin forwarded message;. Fro To: tilE Cc: ________ (b) (6), (b) (7)(C) (b)(6) (b) (6), (b) (7)(C) Subject: proposed point for tira Acting Assistant Attorney General oHi (b) (6) (b) (5) Thaxilcs (b) (6), (b) (0(C) (b) (5) 1 DOJ-(CBP)-17-0053-B-000001 --' [BIQJ~WIGK~] - Of - of Mdst~t Chief Couniel, Jndian~poIis erProtection (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) This communication might contain communications between attorney and client1 communications that are part of the agency deliberative process, or attorney-work product, all of which are privileged and notsubjett to disclosure outsi~ethe agency otto the public. Please consult with the Office ofAssistant Chief Counsel-Indianapolls, 1)5 Customs and Border Protection before disclosing any information contained in this email o :')o~' -. H ::. - . '~. _(ooooo(o_o- -. -. o ,~.o 1'- ~- C I, :.' o -'I,-, o - o~ -C' V,: L -K .'~. . - ~ DOJ-(CBP)-17-0053-B-000002 / TOHONO O'ODHAM NATION OFFICE OF THE CHAIRMAN AND VICE GUMPLMAN VEnON M. J0~E EDWARD D. MANUEL VICE CHAiRMAN CHAt OODI-IAM HA-WE HEJED 17 / / o YuftI &U~~ / Fr " - Maith2Q2O-IV . ~ o . ~ ~'1 -.' ~tc~ - Chnfflft~l~gntFehxChn.~.h.AcPng Tucson ~ec$gpChief Tup~q4$cctor ~ --t5 c4: ~tt;, 243 S.Swan Tucso~4Z,8~Z$1~. c We 'IQ) ' Sped~ AsMstixt t&Ine Chief , - 'j ,~a ~IS . oIIWL9J SENT VIA EMAIL Re: Tucson Sector lmplementatiowof Executive Order fY67 and Related Bordez Se~urity Proposals aiid Strategies on the Tobono O'odbam Nation Dear Acting Chief Chavez, Thank you for meeting with the Tohono O'odbarn Nation on Meat 17,2017 to discuss Tucson Sector's implementation of Executive Order 13767 and related border security proposals. The Nationhas supported numerous border security initiatives over the years while at the same time carrying out its obligation to ensure that such measures respect members' rights and the Nation's sovereignty over its lands and resourees. The Nation hopes Tucson Sector will work just as closely with the Nation in-carrying out Executive Order 13767. The' implementation of Executive Order 13767 is a federal action or proposal with a "substantial direct effecI~' that requires "meaningftl" consUltation, engagement and collaboration with the Nation under the Department of Hor-'tn&Secr thy Trf~Cr"~tion Policy. rawi However~ Tucson Sector's unwillingness to provide any details about its implementation of Executive~Order 13767 art the Nation is inconsistent with the government-to-government relationship between the Nation and the United States and the requirements ofthe Consultatiori Policy. As we discussed, during a February 16,2017 meeting in Washington, D.C., IJSCBP told the Nation's leadership that Tucson Sector is responsible for developing the Exccutive Order 13767 180-day study and strategy on the Nation's border and the Sector would provide the Nation with information on implementing these aspects of the Order. Executive Order I 3767, Section 4(d). However, when the Nation's delegation repeatedly asked for details of the Sector's study and.strategyfor the Nation's border during our March 17,2017 niceting, the Sector dclin~1toprovidethis informadonother than disclosing that Tucson Sector's biiefto-t~ 1 P.0~ Box 837, SELLS, ART1Q~yk :85634 IRON E: 520. 3:83.202.8 FAX:520.383.3379 DOJ-(CBP)-17-0053-B-000003 Depaxtiient pt'flomelauxt Security in Vastmgtafl C, is du.e ott March 2~7, 2017 You repotttd only that the Sector is making "rcquj~emett identification detecninabons" wflhbut disclosing a~y of the "iequirement&' identified ir'the Nat~i lands '14 l4atkm tanxtot provide the "input" that the Cbnsdltafiot Policy calls for without bengpztvli "suffitientdetails" ofTucson Secto?s bet rstcunty study on the Na&n and the resulting strategy to obtain and maintain complete operational control Specifically, the Nation needs to icnowTucson Sector's recommendations tbr constrccthig a physical wall on all oz:partof the Nation's~bcnndaq(whlchthe Nationopposesby Reso1utionNo~ 17~O535. gc{ditionai vdilc1le barziers (which.theNation hasgenerafly supported), orif TucsowSeetor is i4cntd~'mg requirements for technologies, airborne usets, roads, other mfrastnicture, incteased manpower, and other measizre~ ss a means of implementing Executive Order I376Ds directives The tmefiames for carrying out each ofthese proposals and actions will also allow the Nation to fully evaluate them and provide aainformcd response The Nation is requesting a similar level ofdetaii coneerning th~otbet>itertis i~ myM&th 5,2Gl74etter, Because Tucson Sectet's brief to thDepanmeifl due. on MCith2i, 20i7, theNationis reqizestinganin-personmeeting on Maroh 23,2017 at 9:00 an at Tuvsou:CtatoM~arthe det~i at and tfrneframes for, Tucson Sector's Executive Order 13767 requitement identifioatio~i dettnninations and other plans, proposals, and actions for the Nation's lands, The Nation looks forward to your response. Thank you. Since&"_________________________ ____ '(b) (6) ~iran cc: Verlon. lace (b)(6) (b)(6) Tohono O'.odham Nation Domestic Affairs Committ~ ~ mesti Affairs Cornnntfec,. Vi&aSJhefrn~n, ~. (b) (6) (b) (6) (b) (6) Legislative Council Agricultural and *tural R~sources Committee Legislative Council Ajipmpriations Committee itiy~C oil Domestic Affairs Committee ~ctinz Assistant Secretary, office of Partnership and Engagement, DHS, (b) (6), (b) (7)(C) Office of State, Local & Tribal Liaison, CBP JMsistant Chiel CBP,____ (b) (6). (b) (7)(C) (b)(6) J Director of Tribal Affairs, 3IIPj Executive Dlitctor Intergovernmental Public Liaison, CBP, ______ _________________ 'Rnqhpi~flo. 17-053, "Border Security and Immigration Enforcement on the Tohono O'cdlmmNa~on," www,toit-nsn.ora/docsiactjongj 711 7O53~.vdf~ 2 DOJ-(CBP)-17-0053-B-000004 (b) (6), (b) (7)(C)~ en Sectbr Tribal Lithson. (b) (6), (b) (7)(C) ~ kcSob Sector Tdbal____ (b) (6) ~ ": Allorae~ General, (b) (6) Legislative Attorm (b)(6) Governmental Affairs Asis (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) ____ ______ t~ (b) (6) ____ (6) _______ 4 -~1 3" '- 't'.-U '~ -7. -- ..,, , ... 'h.; kC:c,.-'. ~7 '{~~4 . ',:~;. ~i"-:;h~':,i'3! 'jIy&'?,:tL:~ ;~tv.~~-L;. G'~ ~~nb ._S, -- , . -- -~ -~ , , '~,. . 7' ' ~ . 5,, 4;? - tN 1 'o -~1~ c. -- -- 3 DOJ-(CBP)-17-0053-B-000005 4 TOHONb .O'oDHAM. NATION OFFICE OP THE CHAIRMAN AND VICE Cwaiwn~ EDwARD 0; MANUi~L VERLONM. JOSE ~icic CHAtRbAN CHAIRM..\N C) Q)i~i ~ ~ H ~ 7 -6, -Ic. '..~ r ~ ~ ;) r .J M3rch 9, 2017 Chief PatvoMgeflt Fe1bc~h~iez Actlng-Thtso~ SeckOrthief. TucsowsectOrHflUqvarrters 243QS.Swarikoad~ Tucso~.,AZ$5fl1 ~'9:~ )!:O... ;. - :~. ~'. ~ . --V .;i~i~ . -,. )- X(b) (6), (b) (7)(C)r ai~Assistantotd the Chief (b) (6), (b) (7)(C) \ ~ ~ , Re: In!tiating Consultation on Executive Order 13767 and Related Border Security Proposals andstrateaies on the TohonoO'odham Nation Dear Aciog Chief Ch~vet !n responsEUR to the issuance of Executive order 13767, ""Border Security and Immigration Enforcement Improvements," on January 25, 2017. Secretary kelly's February 20; 2017 memorandum, "Implementing the President's Border Security and Immigration Enforcement Improvements Policies," and CaP's February~24;2017 t~olldtaUon fordesign rntdbulld of prototype-wall structures in thevicinity of the Unites Statfl tx~rder Wtl3 Mexitn, the Tzliono-O'odharn Nation is requestinglormal government to-government tonsultarfr)n with TucsonSecWrccncernirj~ the following: (1) (2) Proposals and timelines for construction of a physical ~altor any other barriers; infrastructure, or technology on the Nation's 62-mile southern bottler withMexico; The relationship betweeinhe currehtl9~Oropd~d n the Nation,. including related a~essahd appro~th roads, and-the cQnstruction of a borderwjli or other barriers and infras.nictuce~ The. comprehensive~study Cf t~ ,.sttyqf the southern border, hctudlnj, the cwrentstate of southern border security ar~ NatL~, and the strategyto obtain and riaintaintomplete operational control of the southern border that is to be completed within 180 days o.f issuance of Executhie Order 13767; and The application of agreements under section 287(g) of the Immigration and Nationaflty Act (8 u.s.c. iioi et seq.), or otherwise, to authorize state and local law enforcement officlaisto perform the functiops of immigration officers oh the Nation. (b) (7)(E) __________________ - (3) ~ ~'. - - - .~ (4) 1. P.O. BOX a37,- SELLS, ARIZONA 83634 PHONE:520.383.2028 FAX: 520.38 3.3.3 79 DOJ-(CBP)-17-0053-B-000006 Domest4AfaIr~nl _________________________ - -_'n~ - * ~ P&suant to the Dcpartine~t ~f Hwweland Security t~baitoJuiiation Po'Jcy and ;xon~ultatl&n~xetutiveorders and rnemxa,iCums1 OHS proposals and policies that have trib~ ~'f~tp)'r~tlonsforthe Nation require "direct timely, and interactive involvement" of the Natiott~ ~,~'-~pvereoP~1t "~~rlor to adopting- policies or taiang actions," bHS Tribal Consultation Policy, 1kB, as., ~'~: ienentation of Executiv6 Order 13767 and c4her border security measures on the Tohor O'~dham Nation and the Natlon's'62-mlieintematlonal boundary with Mexico cllrectiyitnpactthe ~' Nation and therefore reauire advanqe consultation. -- Durffigmir February 16, 2017 meeting with the Department of Homeland_Security in Washington. D.C. Executive Director for Intergovetniyientai ~ Ill so~ me and the rest of the Natton's delegation thatthe Tucsonsector Is responsible for eval~Jat4ng-t$~cwreJ~3state~o). of southern bord~r sQcurtty on the Nationan4 Will make recommend#tions fOrfrnplernenflng.ts~a~Ne~~ Or*r 13767, and thatt~e Sector is primarily responsible forconspiting with th~ Nation on~~qq l$sU~~. I am therefore ret~es~Jng-thafl consultation meeting ~ consultation istimelyand the Nati~n'sinput is-Incorporated into DHS's.18Qdaortfq-zt~,pr~14nt. and ffito~therborderseqOrity policies and prdposaissffectingthe Nation. Please also advise it CErn other OHS agencIes~ere,geed~d at this meeting to effectively consult on the issues Identified abo2e. Thank you. Sincerely, -:,: - - - '. ,~'-: -- ~- .-.: - (b) (6) -. -. Edward D. ManueIjC-hairrnaw ~_.;~_1, ~ '7.J ~ ~ (b) (6) cc:_VerbnJose;Vice.-Chairman~Tcbono O~odharn Nation,____________________________ (b) (7)(E) Chafrman: DomesticAffairsCommittee,______ r. (b)(6) (b) (7)(E) ice-Chairwoman, DomestlcA~airs con (b) (6) Legislative Council Agricultural and Natural Resources Committee Legls[ative Coui*V Appropclations-Comrn4tee H:-:~:i: _____ ____ ____ - _i'_~ (b) (7)(E) - __________________________ ~ --1 (b)(6) Mtorrtey General? ~16YT6) Leg~slatIveAttorjn __________________________________________ (b) (6) Governmental Affairs Assi ifIlIJ~ (b) (6) (6), (b) (7)(C) Tuc&~n:Sector Tribal Lkaison~ (b) (6), (b) (7)(C) ____ _____ - (b) (b) (6), (b) (7)(Ci~r!~ tsoncSectos1l'rlbal Lia4son~ (b) (6), (b) (7)(C) ________________ '~6~:iD :~~St ~ ~ ~ '.1'.'2 --- - - -- - ~ - z' - 2 -: C DOJ-(CBP)-17-0053-B-000007