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| FOIA Frequently Asked Questions | |||||||||||||||||||||||||||||||||||||||||||
What Information Is Available Under FOIA? The FOIA gives you the right to request access to any agency record. This does not mean, however, that an agency will disclose every record requested. There are statutory exemptions that authorize the withholding of information of an appropriately sensitive nature. When BLM withholds information, it must specify which exemption of the FOIA permits the withholding. You should be aware that the FOIA does not require agencies to do research for you, to analyze data, to answer questions, or to create records in order to respond to a request. When exempted material is found in requested records, we will inform you of our decision in writing. Our response will tell you how much material we found and the charges due. If the records are being released only in part, we will estimate the amount of the withheld information. If we deny any part of your request, we will explain the reasons for the denial, which FOIA exemptions apply, and your right to appeal our decisions. The BLM will deny a FOIA request in whole or in part only when we determine that information may be withheld under one of nine exemptions. The nine exemption categories that authorize government agencies to withhold information are: Exemption 1 -Classified National Security Information Concerning National Defense or Foreign Policy Exemption 2 - Internal Personnel Rules and Practices of an Agency Exemption 3 - Matters Specifically Exempted From Disclosure by Statute Exemption 4 - Trade Secrets and Confidential Business Information Exemption 5 - Internal Memoranda Privileges Exemption 6 - Personal Privacy Exemption 7 - Investigatory Files Exemption 8 - Records of Financial Institutions Exemption 9 - Geological and Geophysical Information We will only withhold information when we have a sound legal basis to do so. If only part of a record must be withheld, the BLM will provide access to the rest of the record. What About Costs For Records Under The FOIA? See the following charts for information on allowable fees established by the Department of the Interior. Chart Showing Applicable Fees by Category for FOIA Requests
1 First 100 pages of paper copies or reasonable equivalent, such Chart Showing Fee Costs for FOIA Requests
1 Depending on the requesters fee category, requesters entitled to the first 2 hours of manual search time for free, will not be charged for that equivalent. 2 Depending on the requesters fee category, requesters entitled to the first 100 pages of copies free, will not be charged for the equivalent of 100 pages at $ .13/page or $13.00. New FOIA fees effective as of Aug 01, 2008. See http://www.doi.gov/foia/2008/2008Fees.doc How I Qualify for a Fee Waiver? When statutory fee waivers are approved copies of documents are sent to you without charge or at a reduced charge. Fee waivers are provided when disclosure is in the public interest because it: (a) Is likely to contribute significantly to public understanding of the operations or activities of the government (Does the record concern the operations or activities of the government? Is disclosure likely to contribute to the public understanding of these operations and activities? Will that contribution be significant?); and (b) is not primarily in the commercial interest of the requester. When Can I Appeal A BLM Response To My FOIA Request? You may file an appeal with the Department of the Interior FOIA Appeals Officer if: (a) A requested record is withheld; (b) a FOIA response delayed (responses are due within 20-working days or 30-working days when an extension is justified); (c) a fee waiver denied; or (d) a request has been denied for failure to describe requested records or for other procedural deficiency, or because requested records cannot be located. Appeal language and the address to file your appeal will be provided in the response you receive from the Bureau. What is meant by Multi-track Processing? Effective January 8, 2007, all bureaus/offices in the Department of the Interior (DOI) are required to use multitrack processing (see 43 CFR 2.26). This means that bureaus/offices will be using three tracks to process their FOIA requests. The availability of multitrack processing does not affect expedited processing in accordance with 43 CFR 2.14. Bureaus/offices will ensure that requests are processed fairly by treating similarly situated requests in a like manner. FOIA requests will be placed in one of three tracks based on the amount of time needed to process the request: 1. Simple: 1-5 workdays 2. Normal: 20 workdays 3. Complex: over 20 workdays Requesters should assume, unless notified by the bureau/office that their request is in the “Normal” track. The FOIA coordinator will notify you as soon as possible if we have placed your request in the "Complex" track. If you limit the scope of your request, it may result in faster processing (43 CFR 2.26(b)). We will contact you by telephone or in writing, whichever is more efficient in each case. In the event the requester is contacted by telephone, the bureau/office will confirm in writing. How do I know when I can expect a response to my request? The action office will respond to an initial FOIA request no later than 20 workdays after the appropriate bureau FOIA Contact receives the request and it is perfected (i.e., all issues regarding fees and the scope of the request are resolved), unless the request is in the complex track. The 20-workday time limit begins to run the workday after a request complying with the procedures in in 43 CFR 2.8 and 2.1 (i.e., it is perfected) and received by the FOIA Contact at the bureau office that has the requested records. If a request is received that is unperfected, the action office or the FOIA Contact must contact the requester as soon as possible to resolve the issues and perfect the request. What does the term "Perfected FOIA Request" mean? This term describes a FOIA request for records which adequately describes the records sought, which has been received by the FOIA office of the agency or agency component in possession of the records, and for which there is no remaining question about the payment of applicable fees. What is Expedited Processing? Expedited Processing means giving a FOIA request priority, and processing it ahead of other non-expedited requests pending in the bureau because a requester has shown an exceptional need or urgency for the records. The Bureau or a State component will notify requesters of expedited processing within 10 calendar days of receipt of the request. For more information on Expedited Processing, click here.
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