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:_~ United States Department of the Interior OFFICE OF HEARIIJGS AND APPEALS ~OIS wu.~ox fovrsvno AYIafOlON• YOOIRIA 22200 October 29, 1998 Ann Tatum Jim Tatum & Associates 8703 Bonhomme Houston, Texas 77074 Dear Mrs. Tatum: IN REPLY REFER TOt This responds to your letter to Alexandra Mallus, dated July 20, ] 998, requesting records under the Freedom of Information Act, 5 U.S.C. 552 (FOIA). As you know, your request was forwarded to this office by Alexandra Mallus for coordination of the Department's response. Based on telephone conversations held with you to clarify your request, the Interior Board of Land Appeals (IBLA), the Office of Surface Mining (OSM), the Solicitor's office (SOL) and the Office of the Secretary COSEC), have conducted a careful search of their records for documents responsive to your request. As indicated in the interim response letter to you, dated August 25, 1998, arrangements were made for you to inspect and copy the responsive records in IBLA's possession. Based on your preference, these records were made available during the month of September. Enclosed aze the additional documents which the OSM and the OSEC found responsive to your request and forwarded to this office for disclosure to you. The SOL reported to us that their search did not identify any documents responsive to your FOIA request. As I informed you during a telephone call on October 1, 1998, the OSM regional office in Denver has not yet completed their search. By copy of this letter, the OSM regional office will be requested to respond directly to you to avoid any further delay in responding to you. Upon completion of their review, you will receive a direct response to your FOIA request from the OSM FOIA officer. In addition, this Office has conducted a search and identified the documents responsive to item # 2 of your FOIA request, concerning the Department's past consideration of a proposal to summarily affirm OSM decisions pending on appeal before the IBLA. As you were previously notified both orally and in writing, the Department has no such plans. In a letter to this Office, dated September 8, 1998, you indicated that "I will review the letter you sent and advise you if l require any additional information." You have not yet indicated whether you are still seeking records responsive to item #2 of your request. Please notify this Office if you are still seeking the documents responsive to item #2 of your request. .;