Contents of this Page:

FOREST SERVICE FOIA's:
        I.  The Permit Signing
        II.  The Delegation of Authority

    FS FOIA Disclosures

    FS FOIA Correspondence

    FS FOIA Appeals

SANDOVAL COUNTY FOIA:
        III.  FOIA Request to Sandoval County Sheriff

_____________________

FOREST SERVICE FOIA's:
````````````````````
      PCU_/Free Assembly Project launched 2 Requests for documents under the Freedom of Information Act, sent to the Supervisor of Santa Fe National Forest as the 2009 Rainbow Gathering got underway:

    • FOIA-I re: Permits, to SNFS Supervisor ~ 17 June 2009
    • FOIA-II re: Delegation of Authority, 'Incident' ~ 24 June 2009

      These are strategic moves for disclosure on the permit process and governance of the gathering, crafted to be narrow and precise, and to set up good positions.
      There is also an intrinsic legal interest in a FOIA Request - to GET disclosure - and this motive converges with the need of gatherers for transparency on these matters. 

      Both Requests went principally to Santa Fe National Forest, because the 'Rainbow Gathering' was taking place within that jurisdiction.  However it was anticipated that they would be kicked 'upstairs' to the USFS Southwest Regional office in Albuquerque, because this is their standard FOIA procedure – and certain documents would logically come from there.  Both called for "expedited Response" because these facts were relevant to immediate legal interests of citizens in 1st Amendment exercise.

I.  The Permit Signing:

      Shortly after the site was consensed by Spring Council, around 6/11, founding gatherer Garrick Beck submitted an application for 'alternative' authorization of the Gathering - relying on an 'Operating Plan' without a signed permit (the so-called 'accommodation' which former USDA Undersecretary Mark Rey had allowed).  However in a few days word came down from the FS that this application had been DENIED, and another signed by an unknown 3rd party had been APPROVED.

      It is defining that Gathering participants had not seen the Noncommercial Group Use ('NGU') permit that took effect:  Despite the fact that they allegedly comprised the Group "Holder", and were represented by the signers on its behalf, neither the supposed Group party nor its legal agents were known or even publicly named.  The deal was made by somebody somewhere else, binding everyone to its terms and liabilities, defrauding personal rights.  The Forest Service even takes the position that NGU permit signers may be kept confidential and concealed under the Privacy Act.

      The 6/17 Request asked for the approved NGU Permit... other applications that had been submitted and denied... personal correspondences on this matter with NFS officials in New Mexico and the Regional office over the past year... and related memos & directives within the agency.    [FS FOIA #338]

II.  The Delegation of Authority:

      The Gathering in New Mexico was NOT administered by the U.S. Forest Service:  Like 'Rainbow' events in the past, there was a "Delegation of Authority" from the Forest Supervisor to an "Incident Commander", a U.S. Special Agent in charge of the "National Incident Management Team".  It may include personnel from the Forest Service and various other agencies, but it is mainly a Federal law enforcement operation – in short, cops taking over policy powers in the National Forest.

      The question then:  How was this Rainbow Gathering deemed to be an "Incident" requiring a Delegation of Authority to Federal police agencies, and on what factual and legal grounds was such a determination made?  It is significant that this public assembly has been singled out in this manner – or that there may be a broader Federal policy subjecting First Amendment exercise to an 'Incident Command' regime.

      The 6/24 Request asked for a copy of the signed Delegation of Authority in Santa Fe National Forest... documents identifying member agencies, their representatives and missions on the 'NIMT'... prior findings by USFS officials in New Mexico or the Southwest Region – or directives received from DC – mandating the transfer of powers for this event... and the legal authorities for such action.    [FS FOIA #516]


FS FOIA Disclosures:

    -- via email, 25jn09:

* FSM Ch. 2720: Special Uses Administration (12/28/07)
(*A general Special Use directive, amending the Forest Service Manual, not relevant or responsive to the FOIA Request.)

    -- via email, 26jn09:

• Rainbow '09 'Special Use Permit'
The Group Use Permit enacted on 6/17/09, posted on-line by the FS and provided as a direct link, with signatures and addresses redacted.  [#338]
    338_SUP-Rainbow.pdf

    -- conveyed in-person at USFS Region 3, Albuquerque, 2jy09:

• Rainbow '09 "Operating Plan"
Operating Plan for the "2009 Rainbow Family Gathering", Exhibit B, as made part of permit CUB 310009.    [#338]
    338_Rbw09-OpPlan.pdf

• SFNF Categorical Exclusion Project Record, 23jn09
FS worksheet on projected impacts per NEPA (National Environmental Policy Act), establishing that impacts were not 'significant' and the Gathering would be "categorically excluded" from extensive environmental review.  This is a new contingency on the permit process... the final NGU rule publication (8/30/95) assured that ALL gatherings were exempt from NEPA review, so this bodes ill for the future.
    338_sfnf-CatExclusion.pdf

• Traffic Flow Map, Rainbow Gathering Site
Map appended to the Operating Plan, showing 1-way traffic pattern imposed during the Gathering.
    338_TrafficFlowMap.pdf

• FS Memo re: Beck Call, 5/29/09
An 'update' memo to FS staff from Deputy Supervisor Erin Connelly, concerning a conference call with Garrick Beck:  "Subject:  FS Meeting with Rainbow Family re: Op Plan_Permit"
    338_BeckCallMemo-09529.pdf

• SFNF Delegation of Authority, 6/14/09
The Delegation of Authority for the Rainbow Gathering in Santa Fe N.F., signed by Deputy Supervisor Erin Connelly
    516_Deleg'nAuth_sfnf-09614.pdf

    -- conveyed as hard-copy by mail, received 4au09:

Responsive Records, FOIA #338 –
7/30/09 – rec'd via email as composite PDF (encrypted, could not open display on-line)
8/4/09 – rec'd via postal mail as hard copy, 52 page.

pp.   Doc-Date-- Summary
```````````````````````````````
        338-RespRecords_a.pdf    (22 pp.)    960 kb

1-2    corr_FS-Beck_DenyApp-09613   
            Erin Connelly, Dep. Forest Supervisor, letter denying Beck application
            and refusing 'No-Permit Accommodation' for NM Gathering.

3-7    Beck_nguAppPkg-09611   
            Garrick Beck's 'Group Use' permit application, dated 11 June 2009, with Attachments:
            •  Mark Rey letter re: 2008 Gathering in Wyoming, 5/28/08.
            •  Rey re: "Forest Service's approach to the 2007 Gathering", 5/4/07.

8-11   Law_nguApp-Pmt_1-09613     
            First application & permit signed by Lisa Law, and granted by Erin Connelly,
            on 13 June 2009.

13-16  Law_nguApp-Pmt_2-09617   
            Second application & permit signed by Lisa Law and Lindsey Dearborn, and
            granted by Connelly on 17 June 2009 -- superceding the permit approved on 6/13.

17-22  OpPlan-09RFGthg_ExhB-09623   
            Operating Plan, 2009 Rainbow Family Gathering – Exhibit B, as made part of
            permit CUB310009, dated 6/23/09.

        338-RespRecords_b.pdf    (15 pp.)    544 kb

1-3     corr_gBeck-Newman-09429   
            Beck email to Corbin Newman (Regional Forester) re: "alternative manner"
            of permit compliance, 4/29/09... forwarded w/ message from R. Markley,
            Gila N.F. Supervisor, 5/5/09.

4-5    corr_Newman-Beck-09601   
            Corbin Newman in reply re:  permit process, law enforcement role, 6/1/09.

6-7    corr_Dearborn-Newman-fwd-09608   
Lindsey Dearborn email offering to sign a permit... appended to Corbin Newman's reply of thanks and instructions, 6/8/09.

8-9    corr_Kline-Newman-09608   
            Jeff Kline email to Newman re: 3 women willing to sign the permit, language
            change in FS letter, 6/8/09... appended to Newman email to USFS staff, 6/10/09.

10    corr_noname1-Newman- 09608   
            Email from Unknown Party#1 (name redacted) to Corbin Newman, offering to
            sign the permit, 6/8/09... apparently an amended original email from Lindsey      
            Dearborn (see pp. 6-7), with similar language, sent later the same day.

11    corr_noname2-Newman- 09609   
            Email from Unknown Party#2, a "New Mexico based singer-songwriter" (name
            redacted) to Corbin Newman, offering to sign the permit, 6/9/09.

12-13  corr_Newman-Beck-09609   
            Corbin Newman to Beck, superceding 6/1/09 letter, re: permit, operating plan,
            the "Rainbow Family", law enforcement role.  On the permit "required by law",
            the new language from Kline:  "...since we have already identified more than one
            person willing to sign, we are planning for the 2009 National Rainbow Family
            Gathering to be a legally permitted event."  (Emphasis added.)

14    corr_noname3-Newman-09609   
            Email from Unknown Party#4, a male "internationally recognized Artist" (name
            redacted), offering to sign a permit for the Gathering, 6/9/09.

15    corr_noname4-Newman-09610   
            Email from Unknown Party #3 (name redacted) to Corbin Newman -- apparently
            a 3rd offer by Lindsey Dearborn to sign, 6/10/09... "[a]ssuming that by signing,
            the signer is neither personally responsible for, nor liable for, the actions of
            any other individual/s at the event."

        338-RespRecords_c.pdf    (15 pp.)    560 kb

1-6    corr_Beck-Newman-site-08828   
            Garrick Beck sends "Rainbow Site Criteria" to C. Newman and other USFS officials,
            cc: Jeff Kline, 8/28/08... appended note from Kline confirms plans for meeting
            on "Wednesday, September 3rd [2008] ...at the Regional Foresters Office in
            Albuquerque."

7-8    corr_Beck-Newman-mtg-08905   
            Exchange of emails between Garrick Beck and Corbin Newman, in followup
            to September 3 meeting, noting the "good start" on cooperation for the
            next Gathering, 9/5/08.

9-15   corr_Beck-Newman-rpt-08929   
            Beck to Newman, confirming the next meeting on October 1st [2008] at the
            Supervisor's office in Santa Fe, and transmitting a report on the September 3
            meeting, 9/29/09.




FS FOIA Correspondence:                 [[25jn09 – 11au09, complete]]

            ((The 'FOIA-admin' record to-date... leaving out incidental emails,
              these are the main items of notice & crossfire, in time-sequence:
              Emails are converted to 'HTML' format for browsers,
              FS letters are attached in MSWord 'DOC' format or 'PDF' as received,
              and 'PCU_FAP' letters are in concise 'PDF' format.))

| from USFS...
                                | from PCU_FAP...
----------------------------------

01_FOIA #338: Special Use Directives
    25jn09-em, with web-link to FS Manual amendments, Ch. 2720.  (This document was not relevant to the Request, outside its focus on specific 'Group Use' directives.)

02_6270-1; RE: FOI Request Control No. 338
    25jn09-em, with attached letter from the Forest Supervisor, contesting pcu_FAP's exemption from FOIA fees.
 
                                03_FaxCover, FOIA-II to Region 3
                                    26jn09-fax, conveying FOIA-II Request to USFS Regional office.
 
04_Non-Commercial Group Permit
    26jn09-em, with direct link to signed & approved Permit for the "Rainbow Family Gathering", redacted and posted on Forest Service website.  (Original FS link embedded... same doc on local link:)
        • 338_SUP_Rainbow.pdf

                                05_Re:... Group Permit, Special Uses [#338]
                                    26jn09-em, reply on disclosures of special use directives & Permit.

06_Re: Freedom of Information Requests 338 and 516
    26jn09-em, with matching letters from the Regional Forester on each Request, denying "expedited processing" -- to delay Responses beyond the timeframe of the Gathering.
        • 20090625_scaddison_ltr.pdf
        • 20090625_scaddison_ltr2.pdf

                                07_6270-1; RE: FOI Request...No.338, FS corr
                                    27jn09-em, PCU_FAP answer on FOIA fee waivers, standing on
                                eligibility but deferring the issue, citing narrow Requests within
                                limits for free copies.

                                08_Re: FOI Requests #338 and #516... Expedited Responses
                                    28jn09-em, PCU_FAP answer to Regional Forester's findings:                                
                                "Reply on Denial of Expedited Responses", attached.

09_MEETING WITH USFS FOIA STAFF, 7/2/09:
    2jy09-Meeting, USFS Southwest Region (R-3) headquarters in Albuquerque:  Staff contacts Paula Barnhill and Sara Campney conveyed "partial determination" letters on both FOIA Requests:
        • foia338_PtDetmn-09701.pdf
        • foia516_PtDetmn-09701.pdf
Selected initial disclosures were provided as hard copies -- 4 items related to the first Request on the Permit, and 1 on the latter, the actual 6/14 "Delegation of Authority" to Incident Command. 
(See "FS FOIA Disclosures" section above, presenting responsive documents as received.)


10_Re: FOIA 338/516... Partial Responses
    17jy09-em, sending two new "partial response" letters dated 7/16/09, compiled in a single PDF attachment.*  They are redundant to the prior letters provided at the July 2 meeting, although with a few discrepancies (i.e., number of pages disclosed that day, etc.)  *Note:  The original attachment ("Untitled.PDF - Adobe Acrobat Pro.pdf") was renamed for clearer identification in this web-post:  "foia388+516_PartialReplies-09716.pdf".]


11_FOIA 338 and 516... Final Determinations
    30jy09-em, conveying "final determination" letters on both Requests -- re: #516 (7/27/09);  re: #338 (7/29/09).  A PDF-bundle of "foia_338_responsive_records" was attached for digital preview and distribution, but it was not openable with older software.  No further records were provided in response to FOIA No. 516.
[Note:  This package was received as hard copy by mail on 8/4/09.]
        • foia_516_final_response_072709.pdf
        • foia_338_final_response_072909.pdf
        •• foia_338_responsive_records.pdf   
             [[ bundled PDF as received, 52 pp. - encrypted, will not display (?!):
             [[ new scans posted here in 3 parts... see "Disclosures" above.^

                                12_Re: FOIA 338 and 516... PDF Tech
                                    1au09-em, noting tech problems with "responsive records" file,
                                requesting a 're-send' with retro-compatible repairs.

13_Re: FOIA 338 and 516... Encryptics
    3au09-em, Ms. Barnhill insists on using encryption & password-protection on PDF docs sent out, backing out on plans to provide records in digital form.

14_Re: FOIA 338 and 516... Solution
    6au09-em, Ms. Barnhill changing her mind (apparently), promising to "find a solution" -- in response to pointed PCU_FAP letter (4au09) on the need for accessible on-line documents, the nature of public information, and the meaning of FOIA -- appended.

15_Re: FOIA 338 and 516...FS CopOut
    11au09-em, Barnhill backing out on a PDF-fix -- after receiving a link showing that her 'protected' document would not display on-line -- wasting time with officious excuses... the final obstruction, the last straw.



FS FOIA Appeals:

      Based on failures of timely and full disclosure on each of the above Requests, formal FOIA Appeals have been filed, pursuant to 5 USC 552(a)(6).  This section of the Act provides for administrative review of FOIA decisions and denials -- which the Forest Service conducts under the Office of the Chief, in Washington DC.
      On 14 September 2009, both Appeal letters (#338 and #516) went out in a big printed package, including all response docs and correspondence as required; they were also sent by email the same day, referencing the full record on-line.  Here are direct links to the two letters of Appeal and supporting Index as filed, downloadable in PDF format:

    • FOIA-I Appeal, #338 - 12sep09   (filed 9/14)

    • FOIA-II Appeal, #516 - 12sep09  (  "  )

    • INDEX of Attachments, FOIA #338+#516 Docs

      When the final determinations are made on these Appeals and the outcomes are known, this further information will be provided here.




SANDOVAL COUNTY FOIA:
``````````````````````
III.  FOIA Request to Sandoval County Sheriff

    This FOIA Request was faxed to the Sandoval County Sheriff Dept. on  7 July, 2009:
            sandoval-shrf-foia-09707.pdf

    The purpose was to track records of Gathering-related vehicle stops and detainees -- who were taken to Sandoval County jail on standing agreements with he Forest Service -- and immediately to determine if any more 'Rainbows' were held at that time.

    It was presented under FOIA (federal law), and not under the New Mexico Public Records law, because all the actions in question were conducted under the direction of federal law enforcement officials, in conjunction with the 'Incident Command' regime.

    Reportedly an allied attorney in Albuquerque got a call a few days later, assuring that no more 'Rainbows' were held in Bernalillo.  However we have received no further information from the Sheriff's office, and recent calls have not been returned.  (sca-12au09)