Download  

Effective Date: 3/28/91

Series: Information Resources Management

Part 383: Public Access to Records

Chapter 15: Freedom of Information Act Policy and Procedures

Originating Office: Office of Information Resources Management

15.1 Purpose. The purpose of this Chapter is to provide policy and general guidance for the Department in carrying out its responsibilities under the Freedom of Information Act (FOIA), as amended (5 U.S.C. 552). It is to be used in conjunction with the Department=s FOIA regulations, 43 CFR Part 2, Subparts A and B, and the Departmental Freedom of Information Act Handbook.

15.2 Policy. The policy of the Department is to provide the public prompt access to information about its activities in accordance with the spirit and intent of the FOIA.

15.3 Applicability. The regulations as published in 43 CFR Part 2, Subparts A and B, and the Departmental FOIA Handbook apply to all bureaus and offices of the Department of the Interior, including the Office of the Secretary.

15.4 Responsibilities.

A. Departmental. Responsibilities for the FOIA are assigned as follows:

(1) The Assistant Secretary - Policy, Management and Budget (PMB) is responsible for administering the FOIA in the Department. PMB also is assigned appellate authority for deciding appeals after obtaining advice from the Solicitor and in consultation with the Assistant to the Secretary and Director, Office of Public Affairs, and the Assistant Secretary for the appropriate program. This authority, with limited exceptions, has been delegated to the Director, Office of Management Improvement (see 212 DM 9.7).

(a) The Departmental FOIA Officer, located in the Office of Management Improvement (PMI), Division of Directives and Regulatory Management (DRD), has overall responsibility for developing regulations, guidelines, procedures, and standards for the Department=s FOIA program; training employees to ensure compliance with the Act; and preparing the Department=s annual report to Congress. The Department=s FOIA Appeals Officer, also located in DRD, is responsible for processing appeals and maintaining the information prescribed under 43 CFR 2.18. In addition, DRD is responsible for complying with the public information requirements prescribed in 383 DM 15.7, where appropriate and when applicable for the Secretariat.

(b) The Office of Administrative Services (PMO) in which the FOIA Coordinator for the Office of the Secretary is located, is responsible for coordinating FOIA requests directed to Office of the Secretary components, preparing and reviewing responses to requests pertaining to PMO programs and functions, and developing related guidelines and procedures. PMO also is responsible for gathering and compiling material for the Office of the Secretary=s portion of the Department=s annual report to Congress. The Office of Inspector General, the Office of the Solicitor, the Office of Aircraft Services, and the Office of Hearings and Appeals are responsible for their own FOIA programs.

(2) The Office of the Solicitor (SOL) is responsible for interpreting the Act and providing guidance to bureaus and offices as required by 43 CFR 2.16(a)(4). The Office also provides legal assistance in the development of regulations and FOIA training for its program attorneys.

(3) The Executive Secretariat is responsible for the receipt, assignment, routing, and monitoring of responses to FOIA requests directed to the Secretary, Deputy Secretary, the Secretary=s Immediate Office, and the Department when a particular bureau/office is not specified.

B. Bureaus and Offices. Bureaus and offices are responsible for:

(1) Developing and issuing internal procedures to ensure compliance with the law and the Department=s policy and procedures implementing the FOIA;

(2) Designating an FOIA Officer/Coordinator to implement the Act within the bureau--the Bureau FOIA Officer/Coordinator is the primary contact between the Departmental FOIA Officer and the bureau for FOIA activities;

(3) Maintaining records necessary for the preparation of the annual report prescribed in 383 DM 15.6;

(4) Complying with the public information requirements prescribed in 383 DM 15.7; and

(5) Ensuring that at least one individual in each office that handles FOIA requests is familiar with the FOIA and able to respond to a request properly.

15.5 Uniform Fee Schedule. The Department=s fee schedule for processing requests under the FOIA is published in Appendix A of 43 CFR Part 2.

15.6 Annual Report.

A. On or before February 1 of each calendar year, bureaus and offices are required to submit a report covering FOIA activities for the preceding calendar year to the Departmental FOIA Officer, PMI. Bureaus will ensure that the information is accurate and complete.

B. The Departmental FOIA Officer is responsible for preparing the Department=s annual report, based on data provided by the bureaus and offices, which is due to Congress by March 1. Reports Control Symbol CON-74-013 has been assigned to this report.

C. The report will include:

(1) The number of initial FOIA requests received by the Department;

(2) The number of determinations made by the Department not to comply with requests for records made under subsection (a) of the FOIA and the reasons for each such determination;

(3) The number of appeals made by persons under subsection (a)(6)(A) of the FOIA, the result of such appeals, and the reason for any denials;

(4) The names and titles or positions of each person responsible for the denial of records requested under this section, and the number of instances of participation for each;

(5) The results of each proceeding conducted pursuant to subsection (a)(4)(F) of the FOIA, including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was not taken;

(6) A copy of every rule made by the Department regarding subsection (a) of the FOIA;

(7) A copy of the fee schedule and the total amount of fees collected by the Department for making records available under subsection (a) of the FOIA; and

(8) Any other pertinent information which is indicative of the Department=s efforts to administer the FOIA.

15.7 Public Information; Agency Rules, Opinions, Orders, Records, and Proceedings. 5 U.S.C. 552(a)(1) and (2) require agencies to routinely make certain information available to the public for inspection and copying or by publishing it in the Federal Register.

A. Indexes.

(1) Subsection (a)(2) describes materials which must be made available for public inspection and copying unless published and offered for sale. It also requires indexes of materials to be maintained and made available for public inspection and copying. Indexes are to be published at least quarterly unless an agency determines by notice published in the Federal Register that such publication would be unnecessary and impracticable. Bureaus and offices should ensure their indexes are published quarterly if they have not published notice of their exemption in the Federal Register.

(2) The Office of the Federal Register has developed procedures for announcing the availability of agency index material exempt from the quarterly publication requirements.

B. Additional Information. Additional information pertaining to these requirements may be found in the following:

(1) Attorney General=s Manual on the Administrative Procedure Act, 1947;

(2) Attorney General=s Memorandum on the Public Information Section of the Administrative Procedure Act, 1967 (A.G.=s 1967 FOI Mem.); and

(3) Attorney General=s Memorandum on the 1974 Amendments to the Freedom of Information Act, 1975 (A.G.=s 1974 FOI Amdts. Mem.).

15.8 Freedom of Information Act Handbook. The Freedom of Information Act Handbook (383 DM 15, a Departmental Manual Handbook) is issued by the Director, PMI. It contains policies and procedures for administering and implementing the FOIA in the Department. Copies are available from the Division of Directives and Regulatory Management, PMI.

3/28/91 #2911

Replaces 8/7/86 #2699