United States Department of the Interior OFFICE OF THE SECRETARY Washington, DC 20240 IN REPLY REFER TO: 7202.4-OS-2018-01561 April 4, 2019 Via email: foia@americanoversight.org Austin R. Evers Executive Director American Oversight 1030 15th St., NW, Suite B255 Washington, DC 20005 Dear Mr. Evers: On August 24, 2018, you filed a Freedom of Information Act (FOIA) request seeking the following: • • • All records reflecting the source and/or value of the taxidermied elk, bison, and/or grizzly bear trophies displayed in Secretary Zinke’s office. All records reflecting the cost of transporting, mounting, and/or displaying the taxidemied elk, bison, and/or grizzly bear trophies displayed in Secretary Zinke’s office Any guidance or memoranda provided to Secretary Zinke regarding the propriety of accepting taxidermied elk, bison, and/or grizzly bear trophies on display in his office, including but not limited to ethics guidance. On September 6, 2018, we acknowledged your request and informed you of your fee status under the FOIA. We are writing to today to respond to your request. Please find attached one file consisting of 21 pages. Of those 21 pages, 19 pages are being released in full and two pages contain redactions as described below. Portions of the documents may be redacted pursuant to Exemption 6 of the FOIA (5 U.S.C. § 552(b)(6)) because they fit certain categories of information: Birth Dates Social Security Numbers A ,\ pVERSIGHT Mr. Austin Evers Exemption 6 allows an agency to withhold “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” The courts have held that the phrase “similar files” involves all information that applies to a particular person. Hertzberg v. Veneman, 273 F. Supp. 2d 67, 85 n.11 (D.D.C. 2003). To determine whether releasing requested information would constitute a clearly unwarranted invasion of personal privacy, we are required to perform a “balancing test.” This means that we must weigh the individual’s right to privacy against the public’s right to disclosure. (1) (2) (3) First, we must determine whether the individual has a discernable privacy interest in the information that has been requested. Next, we must determine whether release of this information would serve “the public interest generally” (i.e., would “shed light on the performance of the agency's statutory duties”). Finally, we must determine whether the public interest in disclosure is greater than the privacy interest of the individual in withholding. The information that we are withholding consists of personal information, and we have determined that the individuals to whom this information pertains have a substantial privacy interest in it. Additionally, we have determined that the disclosure of this information would shed little or no light on the performance of the agency’s statutory duties and that, on balance, the public interest to be served by its disclosure does not outweigh the privacy interest of the individuals in question, in withholding it. Nat’l Ass’n of Retired Fed. Employees v. Horner, 879 F.2d 873, 879 (D.C. Cir. 1989). In summation, we have determined that release of the information that we have withheld would constitute a clearly unwarranted invasion of the privacy of these individuals, and that it therefore may be withheld, pursuant to Exemption 6. Gabe Lohr, Attorney-Advisor, in the Office of the Solicitor, was consulted in reaching this decision. Clarice Julka, Office of the Secretary FOIA Officer, is responsible for making this decision. Fees Because your entitlements as an “other-use requester” (see 43 C.F.R. § 2.39) were sufficient to cover all applicable FOIA charges, there is no billable fee for the processing of this request. Appeals You may appeal this decision to the Department’s FOIA/Privacy Act Appeals Officer. The FOIA Appeals Officer must receive your FOIA appeal no later than 90 workdays from the date of this final letter responding to your FOIA request. Appeals arriving or delivered after 5 PM Eastern time, Monday through Friday, will be deemed received on the next workday. Your appeal must be in writing and addressed to: Attn: FOIA/Privacy Act Appeals Officer VERSIGHT Mr. Austin Evers U.S. Department of the Interior Office of the Solicitor 1849 C Street, N.W. MS6556 MIB Washington, D.C. 20240 Fax: 202-208-6677 E-mail: FOIA.Appeals@sol.doi.gov You must include with your appeal copies of all correspondence between you and the Office of the Secretary concerning your FOIA request, including a copy of your original FOIA request and the response letter. You must also include, in as much detail as possible, an explanation of why you believe the Office of the Secretary’s response was in error. Failure to include this documentation with your appeal will result in the Department’s rejection of your appeal, unless the FOIA/Privacy Act Officer determines (in her sole discretion) that good cause exists to accept the defective appeal. All communications concerning your appeal, including envelopes, should be clearly marked with the words “FREEDOM OF INFORMATION APPEAL.” The appeal should include your name, mailing address, daytime telephone number (or the name and telephone number of an appropriate contact), email address, and fax number (if available) in case the Department needs additional information or clarification. For more information on FOIA administrative appeals, including how the Department will respond to your appeal, please refer to Subpart H of the Department’s FOIA regulations, 43 C.F.R. § 2.57-§ 2.64. For your information, 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). 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. As part of the 2007 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 non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue 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 in any of the following ways: The National Archives and Records Administration Office of Government Information Services 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 VERSIGHT Mr. Austin Evers 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 about our response to your request, you may contact Leah Fairman by phone at 202-208-6045, by fax at 202-219-2374, by email at os_foia@ios.doi.gov, or by mail at U.S. Department of the Interior, 1849 C St, N.W., MS-7328 MIB, Washington, D.C. 20240. Sincerely, CLARICE JULKA Digitally signed by CLARICE JULKA Date: 2019.04.04 09:58:13 -04'00' Clarice Julka Office of the Secretary FOIA Officer AMERICAN pVERSIGHT From: Sent: To: Subject: Guiden, Nancy Monday, March 20, 2017 1:19 PM Diana Ziegler Bison and Elk Diana, Secretary Zinke, through me, authorizes you or your representatives to mount both the Bison and Elk heads in his immediate office. Should that require attaching rings to the heads, you are authorized to do that also. However, the Secretary's preference is to mount them directly to the wall. Please let me know if you have any questions or need further clarification. Thank you. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov 1 DOI-18-0464-A-000001 From: Sent: To: Subject: Guiden, Nancy Thursday, March 16, 2017 2:47 PM Joe Nassar Bison and Elk Joe, I am told that both the Bison and the Elk are loaned by personal friends of the Secretary from Montana. I am trying to locate the names and contact information for them both. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov 1 DOI-18-0464-A-000002 From: Sent: To: Cc: Subject: Ziegler, Diana Monday, March 20, 2017 1:22 PM Guiden, Nancy Joe Nassar Re: Bison and Elk Thanks for the update. Glad to know we can proceed! Is the conference room across from your office available? If it works for you, we can start the work in there and get the heads prepped for installation. Best, Diana On Mon, Mar 20, 2017 at 1:18 PM, Guiden, Nancy wrote: Diana, Secretary Zinke, through me, authorizes you or your representatives to mount both the Bison and Elk heads in his immediate office. Should that require attaching rings to the heads, you are authorized to do that also. However, the Secretary's preference is to mount them directly to the wall. Please let me know if you have any questions or need further clarification. Thank you. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov -Diana Ziegler Director U.S. Department of the Interior Museum 1849 C Street, NW, Room 1362 Washington, DC 20240 202-208-1169 Fax 202-208-1535 www.doi.gov/interiormuseum Follow us on Facebook: http://www.facebook.com/InteriorMuseum 1 DOI-18-0464-A-000003 From: Sent: To: Subject: Joe Nassar Thursday, March 16, 2017 2:48 PM Guiden, Nancy Re: Bison and Elk Ok - thanks for your help. Joe Nassar Director, Office of Facilities and Administrative Services Department of the Interior Office: 202-208-5617 Cell: 202-436-2041 joseph_w_nassar@ios.doi.gov On Mar 16, 2017, at 2:47 PM, Guiden, Nancy wrote: Joe, I am told that both the Bison and the Elk are loaned by personal friends of the Secretary from Montana. I am trying to locate the names and contact information for them both. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov 1 DOI-18-0464-A-000004 From: Sent: To: Cc: Subject: Guiden, Nancy Monday, March 20, 2017 3:05 PM Ziegler, Diana Joe Nassar Re: Bison and Elk Thank you both so very much. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov On Mon, Mar 20, 2017 at 3:04 PM, Ziegler, Diana wrote: Hi Nancy: Thank you for facilitating the Museum's access to the heads this afternoon. We removed the two heads from their custom crates and installed D-rings on the bison to see if the gallery hanging system could accommodate it. Unfortunately, the bison was too top heavy. Jason and I met with Joe Nassar and his team will move forward with installation directly into the walls. Thank you for your patience as we took these extra steps in an attempt to preserve the historic woodwork. Joe will continue to coordinate with you to finish this project up. Best, Diana On Mon, Mar 20, 2017 at 1:22 PM, Guiden, Nancy wrote: Yes. Perfect. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 1 DOI-18-0464-A-000005 202-208-6087 nancy guiden@ios.doi.gov On Mon, Mar 20, 2017 at 1:21 PM, Ziegler, Diana wrote: Thanks for the update. Glad to know we can proceed! Is the conference room across from your office available? If it works for you, we can start the work in there and get the heads prepped for installation. Best, Diana On Mon, Mar 20, 2017 at 1:18 PM, Guiden, Nancy wrote: Diana, Secretary Zinke, through me, authorizes you or your representatives to mount both the Bison and Elk heads in his immediate office. Should that require attaching rings to the heads, you are authorized to do that also. However, the Secretary's preference is to mount them directly to the wall. Please let me know if you have any questions or need further clarification. Thank you. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov -Diana Ziegler Director U.S. Department of the Interior Museum 1849 C Street, NW, Room 1362 Washington, DC 20240 202-208-1169 Fax 202-208-1535 www.doi.gov/interiormuseum Follow us on Facebook: http://www.facebook.com/InteriorMuseum -- A\11 C,I N pVERSIGHT 2 DOI-18-0464-A-000006 Diana Ziegler Director U.S. Department of the Interior Museum 1849 C Street, NW, Room 1362 Washington, DC 20240 202-208-1169 Fax 202-208-1535 www.doi.gov/interiormuseum Follow us on Facebook: http://www.facebook.com/InteriorMuseum A\11 C,I N pVERSIGHT 3 DOI-18-0464-A-000007 From: Sent: To: Cc: Subject: Ziegler, Diana Monday, March 20, 2017 3:04 PM Guiden, Nancy Joe Nassar Re: Bison and Elk Hi Nancy: Thank you for facilitating the Museum's access to the heads this afternoon. We removed the two heads from their custom crates and installed D-rings on the bison to see if the gallery hanging system could accommodate it. Unfortunately, the bison was too top heavy. Jason and I met with Joe Nassar and his team will move forward with installation directly into the walls. Thank you for your patience as we took these extra steps in an attempt to preserve the historic woodwork. Joe will continue to coordinate with you to finish this project up. Best, Diana On Mon, Mar 20, 2017 at 1:22 PM, Guiden, Nancy wrote: Yes. Perfect. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov On Mon, Mar 20, 2017 at 1:21 PM, Ziegler, Diana wrote: Thanks for the update. Glad to know we can proceed! Is the conference room across from your office available? If it works for you, we can start the work in there and get the heads prepped for installation. Best, Diana On Mon, Mar 20, 2017 at 1:18 PM, Guiden, Nancy wrote: Diana, 1 DOI-18-0464-A-000008 Secretary Zinke, through me, authorizes you or your representatives to mount both the Bison and Elk heads in his immediate office. Should that require attaching rings to the heads, you are authorized to do that also. However, the Secretary's preference is to mount them directly to the wall. Please let me know if you have any questions or need further clarification. Thank you. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov -Diana Ziegler Director U.S. Department of the Interior Museum 1849 C Street, NW, Room 1362 Washington, DC 20240 202-208-1169 Fax 202-208-1535 www.doi.gov/interiormuseum Follow us on Facebook: http://www.facebook.com/InteriorMuseum -Diana Ziegler Director U.S. Department of the Interior Museum 1849 C Street, NW, Room 1362 Washington, DC 20240 202-208-1169 Fax 202-208-1535 www.doi.gov/interiormuseum Follow us on Facebook: http://www.facebook.com/InteriorMuseum A\11 C,I N pVERSIGHT 2 DOI-18-0464-A-000009 From: Sent: To: Cc: Subject: Guiden, Nancy Monday, March 20, 2017 1:23 PM Ziegler, Diana Joe Nassar Re: Bison and Elk Yes. Perfect. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov On Mon, Mar 20, 2017 at 1:21 PM, Ziegler, Diana wrote: Thanks for the update. Glad to know we can proceed! Is the conference room across from your office available? If it works for you, we can start the work in there and get the heads prepped for installation. Best, Diana On Mon, Mar 20, 2017 at 1:18 PM, Guiden, Nancy wrote: Diana, Secretary Zinke, through me, authorizes you or your representatives to mount both the Bison and Elk heads in his immediate office. Should that require attaching rings to the heads, you are authorized to do that also. However, the Secretary's preference is to mount them directly to the wall. Please let me know if you have any questions or need further clarification. Thank you. Vr, Nancy Guiden U.S. Department of the Interior Immediate Office of the Secretary Washington, DC 20240 202-208-6087 nancy guiden@ios.doi.gov 1 DOI-18-0464-A-000010 -Diana Ziegler Director U.S. Department of the Interior Museum 1849 C Street, NW, Room 1362 Washington, DC 20240 202-208-1169 Fax 202-208-1535 www.doi.gov/interiormuseum Follow us on Facebook: http://www.facebook.com/InteriorMuseum A\11 C,I N pVERSIGHT 2 DOI-18-0464-A-000011 From: Sent: To: Cc: Subject: Fox, Scotty Friday, March 10, 2017 1:49 PM Smethers, Lacey OFAS, Moving Services; Nassar, Joe; Nancy Guiden Re: Delivery/Pick-Up Protocol (House Office Buildings) Lacey, Please give a window of time between 10:00 am and 1:00 pm on Monday March 13,2017 to pick up the elk and bison head.  On Fri, Mar 10, 2017 at 1:31 PM, Smethers, Lacey wrote: The crates containg the elk and bison head are in our office. What time Monday would work best for you to come pick  them up? From: monty burkhalter@ios.doi.gov [mailto:monty burkhalter@ios.doi.gov] On Behalf Of OFAS, Moving Services Sent: Thursday, March 09, 2017 12:56 PM To: Smethers, Lacey Subject: Re: Delivery/Pick-Up Protocol (House Office Buildings) Is there a time frame we need to be there? Monty On Thu, Mar 9, 2017 at 12:52 PM, Smethers, Lacey wrote: Here is a list of what will be needing picked up tomorrow. If you need any other information, please let me know.  List of items being removed from 1419 Longworth: 8 “Bankers Boxes” 6 medium-height boxes containing framed pictures 4 sealed medium square boxes containing books and photos 1 DOI-18-0464-A-000012 1 large bubble-wrapped picture 1 large red and black duffel bag 1 mounted Bison head 1 mounted Elk head 1 bulletin board Lacey Smethers Staff Assistant Montana House Congressional Office 1419 Longworth HOB 202-225-3211 From: monty burkhalter@ios.doi.gov [mailto:monty burkhalter@ios.doi.gov] On Behalf Of OFAS, Moving Services Sent: Thursday, March 09, 2017 12:20 PM To: Smethers, Lacey; Scotty Fox Subject: Re: Delivery/Pick-Up Protocol (House Office Buildings) Lacey, Below is the information you requested: US Dept of Interior Driver will be : Monty Burkhalter (b) (6) 2 DOI-18-0464-A-000013 Assistant Driver: Albert Taylor (b) (6) We will be driving a Government Straight Truck, info below: Govt Tag: G71 0484S 2016 White F-650 Straight Truck with Lift Gate If you need anymore information, please do not hesitate to ask or call, I can be reached at: 202-208-3737 Monty 3 DOI-18-0464-A-000014 On Thu, Mar 9, 2017 at 10:14 AM, Smethers, Lacey wrote: HI Scotty and Kenny, The bison and elk heads still have not been taken down. However, I need some information from you to submit to the Sergeant at Arms to get approval for you to arrive tomorrow to get Secretary Zinke’s things. I will be compiling the list of items to be moved today, but I need the following information highlighted in red. Thank you! Vendor Information: (Driver/Personnel/Vehicle Information) 1. Vendor Name 2. Driver name (please include: Social Security #, DOB) 3. Names of Personnel in the vehicle assisting with the delivery or pick-up, if any (please include: Social Security #, DOB) 4. A Make, model, tag info (alphanumeric/state) Lacey Smethers f > C,/\N pVERSIGHT 4 DOI-18-0464-A-000015 Staff Assistant Montana House Congressional Office 1419 Longworth HOB 202-225-3211 -Scotty L.Fox Jr Supervisory Property Management Specialist US Department of the Interior Office of Facilities and Administrative Service 1849 C Street N.W. Room 1746 Washington, DC 20240 Office (202) 208-1377 Cell (202) 345-8983 scotty fox@ios.doi.gov Please visit the OFAS Website: http://www.doi.gov/ofas A\11 C,I N pVERSIGHT 5 DOI-18-0464-A-000016 From: Sent: To: Cc: Subject: monty_burkhalter@ios.doi.gov on behalf of OFAS, Moving Services Monday, March 13, 2017 12:37 PM Fox, Scotty; Monty Burkhalter; Albert Taylor Smethers, Lacey; Nassar, Joe; Nancy Guiden Re: Delivery/Pick-Up Protocol (House Office Buildings) Lacey, All is well, the heads made it back safe and are upstairs.. Thank you for all the assistance on your end, it made the move so much easier. Monty On Fri, Mar 10, 2017 at 1:48 PM, Fox, Scotty wrote: Lacey, Please give a window of time between 10:00 am and 1:00 pm on Monday March 13,2017 to pick up the elk and bison head.  On Fri, Mar 10, 2017 at 1:31 PM, Smethers, Lacey wrote: The crates containg the elk and bison head are in our office. What time Monday would work best for you to come pick  them up? From: monty burkhalter@ios.doi.gov [mailto:monty burkhalter@ios.doi.gov] On Behalf Of OFAS, Moving Services Sent: Thursday, March 09, 2017 12:56 PM To: Smethers, Lacey Subject: Re: Delivery/Pick-Up Protocol (House Office Buildings) Is there a time frame we need to be there? Monty On Thu, Mar 9, 2017 at 12:52 PM, Smethers, Lacey wrote: Here is a list of what will be needing picked up tomorrow. If you need any other information, please let me know.  1 DOI-18-0464-A-000017 List of items being removed from 1419 Longworth: 8 “Bankers Boxes” 6 medium-height boxes containing framed pictures 4 sealed medium square boxes containing books and photos 1 large bubble-wrapped picture 1 large red and black duffel bag 1 mounted Bison head 1 mounted Elk head 1 bulletin board Lacey Smethers Staff Assistant Montana House Congressional Office 1419 Longworth HOB 202-225-3211 From: monty_burkhalter@ios.doi.gov [mailto:monty_burkhalter@ios.doi.gov] On Behalf Of OFAS, Moving Services Sent: Thursday, March 09, 2017 12:20 PM To: Smethers, Lacey; Scotty Fox Subject: Re: Delivery/Pick-Up Protocol (House Office Buildings) Lacey, Below is the information you requested: US Dept of Interior J\\1 f C,I N pVERSIGHT 2 DOI-18-0464-A-000018 Driver will be : Monty Burkhalter (b) (6) Assistant Driver: Albert Taylor (b) (6) We will be driving a Government Straight Truck, info below: Govt Tag: G71 0484S 2016 White F-650 Straight Truck with Lift Gate If you need anymore information, please do not hesitate to ask or call, I can be reached at: 202-208-3737 Monty 3 DOI-18-0464-A-000019 On Thu, Mar 9, 2017 at 10:14 AM, Smethers, Lacey wrote: HI Scotty and Kenny, The bison and elk heads still have not been taken down. However, I need some information from you to submit to the Sergeant at Arms to get approval for you to arrive tomorrow to get Secretary Zinke’s things. I will be compiling the list of items to be moved today, but I need the following information highlighted in red. Thank you! Vendor Information: (Driver/Personnel/Vehicle Information) ~~ 1. Vendor Name 2. Driver name (please include: Social Security #, DOB) 3. Names of Personnel in the vehicle assisting with the delivery or pick-up, if any (please include: Social Security #, DOB) f c,/\N pVERSIGHT 4 DOI-18-0464-A-000020 4. Make, model, tag info (alphanumeric/state) Lacey Smethers Staff Assistant Montana House Congressional Office 1419 Longworth HOB 202-225-3211 -Scotty L.Fox Jr Supervisory Property Management Specialist US Department of the Interior Office of Facilities and Administrative Service 1849 C Street N.W. Room 1746 Washington, DC 20240 Office (202) 208-1377 Cell (202) 345-8983 scotty fox@ios.doi.gov Please visit the OFAS Website: http://www.doi.gov/ofas AMf-f HCAN pVERSIGHT 5 DOI-18-0464-A-000021