skip navigation links
Agency Logo and Home page link

United States Government

Office of Navajo and Hopi Indian Relocation (ONHIR)

Christopher J. Bavasi, Executive Director

This Agency does not have any declassification programs

Eligibility

Reading Room

Recovery Act

Open Initiative

Plain Writing

Budget and Performance

HR/EEO Page

HSPD-12 Report (opens in new window)

          As directed by the Office of Information and Policy, this annual report will focus on five key areas with brief information given regarding each are to describe the activities that the agency has completed in the last year.  The five areas are the steps taken to apply the presumption of openness, steps taken to ensure that the agency has an effective system in place for responding to requests, steps taken to increase proactive disclosures, steps taken to greater utilize technology, steps taken to reduce backlogs and improve timeliness in responding to requests, and use of law enforcement exclusions to FOIA.

          It should be noted that the ONHIR Executive Director has directed Chief FOIA Officer Scott Kuhr to release information unless there is a clear and compelling reason not to do so. When possible, ONHIR has a dialogue with requesters so that they are provided the information they are seeking and need. ONHIR has been successful for many years in avoiding any appeals of decisions made by the Chief FOIA Officer to either the ONHIR Executive Director or to the Courts.

FOIA Training:
1. Did your FOIA professionals or the personnel at your agency who have FOIA responsibilities attend any FOIA training or conference during the reporting period such as that provided by the Department of Justice?

  • Such training or events can include offerings from OIP, your own agency or another agency or organization.

Due to budget constraints ONHIR FOIA staff did not attend any trainings.  We did, however, review online material relating to FOIA and refreshed our knowledge.


2. Provide an estimate of the percentage of your FOIA professionals and staff with FOIA responsibilities who attended substantive FOIA training during this reporting period.


Not applicable for in person training, 100% for online training.


3. OIP has directed agencies to “take steps to ensure that all of their FOIA professionals attend substantive FOIA training at least once throughout the year.” If your response to the previous question is that less than 80% of your FOIA professionals attended training, please explain your agency’s plan to ensure that all FOIA professionals receive or attend substantive FOIA training during the next reporting year.


ONHIR will attempt to attend in person training in the next year.  In the event that is not possible we will continue with internet based training. 

 

Discretionary Releases: 
4. Does your agency have a distinct process or system in place to review records for discretionary release?

  • If so, please briefly describe this process.
     
  • If your agency is decentralized, please specify whether all components of your agency have such a process or system in place?

We do not have a process in place for discretionary releases. 


5. During the reporting period, did your agency make any discretionary releases of information?


We did not.


6. What exemption(s) would have covered the material released as a matter of discretion? For a discussion of the exemptions that allow for discretionary releases, please see OIP’s guidance on implementing the President’s and Attorney General’s 2009 FOIA Memoranda.


Not Applicable


7. Provide a narrative description, as well as some specific examples, of the types of information that your agency released as a matter of discretion during the reporting year.


Not Applicable


8. If your agency was not able to make any discretionary releases of information, please explain why.  or example, you should note here if your agency did not have an opportunity to make discretionary disclosures because you provided full releases in response to all requests or the only exemptions that were applied were those that do not lend themselves to discretionary release (i.e. Exemptions 1, 3, 4, 6, 7A, 7B, 7C, 7F).


The nature of our records is that they contain private information on clients including such things as tax returns and health records.  Because of this, it is not appropriate to provide records without written consent.  Additionally, in FY 2015 153 of our 179 FOIA requests were granted a full grants of information and not subject to any FOIA exemptions.

Other Initiatives:
9. If there are any other initiatives undertaken by your agency to ensure that the presumption of openness is being applied, please describe them here.

  • If any of these initiatives are online, please provide links in your description.

Not applicable.  There were no initiatives undertaken.

Section II: Steps Taken to Ensure that Your Agency Has an Effective System in Place for Responding to Requests


Processing Procedures:
1. For Fiscal Year 2015, what was the average number of days your agency reported for adjudicating requests for expedited processing? Please see Section VIII.A. of your agency's Fiscal Year 2015 Annual FOIA Report.

  • Please note here if your agency did not adjudicate any requests for expedited processing during Fiscal Year 2015.

Not applicable.  ONHIR did not adjudicate any requests for expedited processing. 


2. If your agency's average number of days to adjudicate requests for expedited processing was above ten calendar days, please describe the steps your agency will take to ensure that requests for expedited processing are adjudicated within ten calendar days or less.
Not applicable


3. On July 2, 2015, OIP issued new guidance to agencies on the proper procedures to be used in the event an agency has a reason to inquire whether a requester is still interested in the processing of his or her request. Please confirm here that to the extent your agency may have had occasion to send a "still interested" inquiry, it has done so in accordance with the new guidelines for doing so, including affording requesters thirty working days to respond.
Not applicable.  ONHIR did not send any inquiries.

 Requester Services:
4. Agency FOIA Requester Service Centers and FOIA Public Liaisons serve as the face and voice of an agency.In this capacity they provide a very important service for requesters, informing them about how the FOIA process works and providing specific details on the handling of their individual requests. The FOIA also calls on agency FOIA Requester Service Centers and FOIA Public Liaisons to assist requesters in resolving disputes. Please explain here any steps your agency has taken to strengthen these services to better inform requesters about their requests and to prevent or resolve FOIA disputes.

  • If your agency has not taken any steps recently to strengthen these services, either because there has been no need to due to low demand or because these services are already robust, please briefly explain that that here.

There was no need to strengthen these services due to low demand for them.  Our current services meet the need of the public well.


Other Initiatives:
5. If there are any other steps your agency has undertaken to ensure that your FOIA system operates efficiently and effectively, such as conducting self-assessments to find greater efficiencies, improving search processes, eliminating redundancy, etc., please describe them here.
Not applicable.  We did not undertake any additional steps.

Section III: Steps Taken to Increase Proactive Disclosures
Posting Material:

1. Describe your agency's process or system for identifying "frequently requested" records required to be posted online under Subsection (a)(2) of the FOIA. For example, does your agency monitor its FOIA logs or is there some other system in place to identify these records for posting.

Not applicable due to the nature of our records.  We do not have any frequently requested records.


2. Does your agency have a distinct process or system in place to identify other records for proactive disclosure? If so, please describe your agency’s process or system.

  • Please note that this question is directed towards proactive disclosure of records that go beyond frequently requested records required to be posted under Subsection (a)(2) of the FOIA.

We do not have a formal process in place for this, however our management manual and applicable laws and regulations are accessible through our web site. 


3. When making proactive disclosures of records, are your agency's FOIA professionals involved in coding the records for Section 508 compliance or otherwise preparing them for posting?If so, provide an estimate of how much time is involved for each of your FOIA professionals and your agency overall.

  • Please note that this question is directed at the efforts of actually posting the records online once all disclosure determinations have been made. For example, efforts to load the records in your web content platform or making the releasable documents accessible in compliance with Section 508 of the Rehabilitation Act.

Not applicable


4. Has your agency encountered challenges that make it difficult to post records you otherwise would like to post?


We have not. 


5. If so, please briefly explain those challenges.


Not applicable


6. Provide examples of material that your agency has proactively disclosed during the past reporting year, including links to the posted material.


Not applicable


7. Did your agency use any means to publicize or highlight important proactive disclosures for public awareness? If yes, please describe those efforts.

  • For example, this can be done through social media or with the offering of e-mail subscription services.

Not applicable


Other Initiatives:
8. If there are any other steps your agency has taken to increase proactive disclosures, please describe them here.


Not applicable


Section IV: Steps Taken to Greater Utilize Technology

Making Material Posted Online More Usable:
1. Beyond posting new material, is your agency taking steps to make the posted information more useable to the public, especially to the community of individuals who regularly access your agency’s website?

  • Steps can include soliciting feedback on the content and presentation of posted material, improving search capabilities on your agency website, posting material in open formats, making information available through mobile applications, providing explanatory material, etc.

We are not taking steps beyond what we have already done relative to posting information on our web site with appropriate links.  We feel that this is sufficient to make the information accessible and useful.


2. If yes, please provide examples of such improvements.

  • If your agency is already posting material in its most useful format, please describe these efforts.

Not Applicable

Other Initiatives:
3. Did your agency successfully post all four quarterly reports for Fiscal Year 2015?

  • Please see OIP’s guidance for posting of quarterly reports to ensure that your agency is following all required steps (including using the correct file type and URL structure) so that your quarterly reports are properly appearing on FOIA.gov. (If your reports are posted to your website, but not appearing of FOIA.gov, please contact OIP in order to resolve the issue.)

We did not post quarterly reports.


4. If your agency did not successfully post all quarterly reports, with information appearing on FOIA.gov, please explain why and provide your agency’s plan for ensuring that such reporting is successful in Fiscal Year 2016.


We don’t plan on posting quarterly reports in FY 2016 due to overall low number of FOIA requests and already quick processing of FOIA requests.  Additional monitoring of this function is not needed for peak performance.


5. Do your agency's FOIA professionals use e-mail or other electronic means to communicate with requesters whenever feasible? See OIP Guidance, "The Importance of Good Communication with FOIA Requesters 2.0:  Improving Both the Means and the Content of Requester Communications." (Nov. 22, 2013)  If yes, what are the different types of electronic means that are utilized by your agency to communicate with requesters?


We use email to correspond with requestors.


6. If your agency does not communicate electronically with requests as a default, are there any limitations or restrictions for the use of such means? If yes, does your agency inform requesters about such limitations? See id.


Not applicable

Section V: Steps Taken to Improve Timeliness in Responding to Requests and Reducing Backlogs

1. Does your agency utilize a separate track for simple requests?

We do not.  Not applicable

2. If so, for your agency overall in Fiscal Year 2015, was the average number of days to process simple requests twenty working days or fewer?

Not applicable

3. Please provide the percentage of requests processed by your agency in Fiscal Year 2015 that were placed in your simple track.

100%

4. If your agency does not track simple requests separately, was the average number of days to process all non-expedited requests twenty working days or fewer?

Yes


BACKLOGGED REQUESTS

5. If your agency had a backlog of requests at the close of Fiscal Year 2015, did that backlog decrease as compared with the backlog reported at the end of Fiscal Year 2014?

We do not have a FOIA request backlog and have not in over five years.


6. If not, explain why and describe the causes that contributed to your agency not being able reduce its backlog. When doing so, please also indicate if any of the following were contributing factors:

  • An increase in the number of incoming requests.
  • A loss of staff.
  • An increase in the complexity of the requests received. If possible, please provide examples or briefly describe the types of complex requests contributing to your backlog increase.
  • Any other reasons – please briefly describe or provide examples when possible.

NA


7. If you had a request backlog please report the percentage of requests that make up the backlog out of the total number of requests received by your agency in Fiscal Year 2015.

  • To calculate your agency’s percentage, you must divide the number of backlogged requests reported in Section XII.A. of your Fiscal Year 2015 Annual FOIA Report by the number of requests received in Fiscal Year 2015, which can be found in Section V.A. of your Annual FOIA Report.Once divided, you can multiply that number by 100 to get the percentage.

NA


BACKLOGGED APPEALS
8. If your agency had a backlog of appeals at the close of Fiscal Year 2015, did that backlog decrease as compared with the backlog reported at the end of Fiscal Year 2014?


We do not have an appeal backlog and have not in over five years.


9. If not, explain why and describe the causes that contributed to your agency not being able reduce backlog. When doing so, please also indicate if any of the following were contributing factors:

  • An increase in the number of incoming appeals.
  • A loss of staff.
  • An increase in the complexity of the requests received. If possible, please provide examples or briefly describe the types of complex requests contributing to your backlog increase.
  • Any other reasons – please briefly describe or provide examples when possible.

NA


10. If you had an appeal backlog please report the percentage of appeals that make up the backlog out of the total number of appeals received by your agency in Fiscal Year 2015. If your agency did not receive any appeals in Fiscal Year 2015 and/or has no appeal backlog, please answer with "N/A."

  • To calculate your agency’s percentage, you must divide the number of backlogged appeals reported in Section XII.A. of your Fiscal Year 2015 Annual FOIA Report by the number of appeals received in Fiscal Year 2015, which can be found in Section V.A. of your Annual FOIA Report.  Once divided, you can multiply that number by 100 to get the percentage.

NA


TEN OLDEST REQUESTS
11. In Fiscal Year 2015, did your agency close the ten oldest requests that were reported pending in your Fiscal Year 2014 Annual FOIA Report?


We do not have any pending FOIA requests and no 10 oldest pending requests.


12. If no, please provide the number of these requests your agency was able to close by the end of the fiscal year, as listed in Section VII.E of your Fiscal Year 2014 Annual FOIA Report. If you had less than ten total oldest requests to close, please indicate that. 

  • For example, if you only had seven requests listed as part of your "ten oldest" in Section VII.E. and you closed six of them, you should note that you closed six out of seven "oldest" requests. 

NA


13. Of the requests your agency was able to close from your ten oldest, please indicate how many of these were closed because the request was withdrawn by the requester. If any were closed because the request was withdrawn, did you provide any interim responses prior to the withdrawal?


NA


TEN OLDEST APPEALS
14. In Fiscal Year 2015, did your agency close the ten oldest appeals that were reported pending in your Fiscal Year 2014 Annual FOIA Report?


We do not have any pending appeals and no ten oldest appeals. 


15. If no, please provide the number of these appeals your agency was able to close by the end of the fiscal year, as listed in Section VII.C.(5) of your Fiscal Year 2014 Annual FOIA Report. If you had less than ten total oldest appeals to close, please indicate that. 

  • For example, if you only had seven appeals listed as part of your "ten oldest" in Section VII.C.(5) and you closed six of them, you should note that you closed six out of seven "oldest" appeals.

NA


TEN OLDEST CONSULTATIONS
16. In Fiscal Year 2015, did your agency close the ten oldest consultations that were reported pending in your Fiscal Year 2014 Annual FOIA Report?


We did not have any consultations in 2015 and do not have 10 oldest consultations.


17. If no, please provide the number of these consultations your agency was able to close by the end of the fiscal year, as listed in Section XII.C. of your Fiscal Year 2014 Annual FOIA Report. If you had less than ten total oldest consultations to close, please indicate that. 

  • For example, if you only had seven consultations listed as part of your "ten oldest" in Section XII.C. and you closed six of them, you should note that you closed six out of seven "oldest" consultations. 

NA


18. Briefly explain any obstacles your agency faced in closing its ten oldest requests, appeals, and consultations from Fiscal Year 2014.


None


19. If your agency was unable to close any of its ten oldest requests because you were waiting to hear back from other agencies on consultations you sent, please provide the date the request was initially received by your agency, the date when your agency sent the consultation, and the date when you last contacted the agency where the consultation was pending.


NA


20. If your agency did not close its ten oldest pending requests, appeals, or consultations, please provide a plan describing how your agency intends to close those "ten oldest" requests, appeals, and consultations during Fiscal Year 2016.


NA


Use of the FOIA’s Law Enforcement Exclusions

1. Did your agency invoke a statutory exclusion, 5 U.S.C. § 552(c)(1), (2), (3), during Fiscal Year 2015?

No, we did not

2. If so, please provide the total number of times exclusions were invoked.

NA

Please contact Scott Kuhr, Chief FOIA Officer, 928-779-2721 with any questions.

update: 3/7/2016