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U.S. Geological Survey Manual

318.1 - Freedom of Information Act

11/10/05

OPR: Geospatial Information Office

Instructions: This chapter replaces Chapter 318.1, dated December 28, 1992.

1. Purpose and Scope. This chapter establishes USGS policy and responsibilities for the administration of the Freedom of Information Act (FOIA) and covers all USGS employees.

2. Authorities.

A. The Freedom of Information Act, as amended, (5 U.S.C. 552).

B. Department of the Interior FOIA Regulations, 43 CFR Part 2, Subparts A through E, November 20, 2002.

3. References.

A. Department of the Interior, 383 DM 15, FOIA, March 28, 1991.

B. Department of the Interior, 383 DM 15, FOIA Handbook with exemptions, revised April 22, 2004.

4. Policy. It is USGS policy to make records available to the public consistent with the Freedom of Information Act.

5. Definitions.

A. FOIA Request. A FOIA request means a written request (this includes fax and e-mail) made by any member of the public for USGS records. A FOIA request can be made by any individual (including a non-U.S. citizen), corporation, association, public interest group, or the media; a State, local, or foreign government; or an Indian tribe.

B. Record. Federal records include all books, papers, maps, photographs, machine-readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of the records (44 U.S.C. 3301).

C. FOIA Denial. Denial means to withhold access to records (in whole or part) based upon any of the nine categories of statutory exemptions provided by the FOIA.

6. Responsibilities.

A. The Deputy Director, USGS, has responsibility for ensuring that all USGS programs and activities are in compliance with the provisions of the FOIA and DOI regulations.

B. The Associate Director for Geospatial Information and Chief Information Officer has overall responsibility for ensuring that appropriate FOIA policies and procedures are planned and implemented in all USGS activities and the authority to deny access to headquarters records after consultation with the Office of the Solicitor.

C. The USGS FOIA Officer: (1) serves as the primary contact between the DOI FOIA Officer and the USGS for FOIA activities; (2) is responsible for consultation with the Solicitors Office for headquarters records; (3) tracks and ensures a response to USGS FOIA requests and maintains records necessary for the preparation of the annual report to the Department of Justice; (4) manages a USGS FOIA team composed of headquarters and regional representatives; and (5) provides advice on FOIA matters to USGS personnel.

D. Regional Geospatial Information Officers are responsible for regional compliance with the FOIA and have the authority to deny access to regional records after consultation with a Regional Solicitor’s Office.

E. USGS FOIA Team Discipline Representatives are responsible for coordinating responses to FOIA requests that relate to national USGS discipline programs and for ensuring that the USGS FOIA Officer is notified of all FOIA headquarters activities. Discipline team representatives must ensure that the USGS FOIA Team is informed of their individual FOIA activities.

F. USGS FOIA Team Regional Representatives are responsible for coordinating responses to FOIA requests that relate to their region’s activities and for ensuring that the USGS FOIA Officer is notified of all FOIA regional activities. Regional team representatives must ensure that the USGS FOIA Team is informed of their individual FOIA activities.

G. All USGS Employees are responsible for communicating receipt of any FOIA request that they receive individually to the appropriate USGS FOIA Team representative.

______________________________________
Carol F. Aten
Associate Director for Administrative Policy and Services


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Last modification: 23-Nov-2005@12:52 (kk)
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