In accordance with the Freedom of
Information Act (FOIA) and USDA regulations at 7 CFR, any
person can request access to USDA Forest Service records. The
FOIA requires the Forest Service to allow the public
access unless the information is exempt under the FOIA from mandatory
disclosure (e.g., classified national security, business proprietary,
personal privacy, investigative).
Your request must be in writing. Indicate that you are making
a request under the Freedom of Information Act and address the
request to the Rocky Mountain Region at the following address:
Marge Gallegos
FOIA Coordinator
Rocky Mountain Region
PO Box 25127
Lakewood, CO 80225-0127
Identify the records you want by including
details helpful for locating the information
(subject matter, date, record creation location and author,
present record custodian,
etc). A request may only seek records in existence
when the FOIA request is received and may not require
that new records be created in response to the request.
Provide your phone number and mailing address so that our Forest
may contact you if needed (for clarification of your request, etc).
FOIA Fees: Agencies are authorized by law to recover the
direct costs of providing information to a FOIA requester. A requester
may be required to pay fees for searching, reviewing, and copying
records. You will be notified in advance if fees will exceed $25.
Fee Categories: For fee purposes, the FOIA requires that
requesters be placed in one of the following four categories: (1)
commercial use requesters; (2) news media; (3) educational institution;
noncommercial scientific institution; and (4) all others. Commercial
use requesters are charged the full direct cost of search, review,
and duplication associated with processing their requests. Scientific,
educational, and news media requesters are charged the cost of
duplication alone except the first 100 pages are provided
free of charge. All other requesters are charged the direct costs
of search and duplication except that the first 2 hours of search
and the first 100 pages of duplications are free of charge. No
review charges are assessed for requesters in this last category.
Specify the fee category in which you believe your request falls.
State the maximum amount of fees you are willing to pay or
include a request for a fee waiver.
Fee Waivers: The FOIA permits agencies to waive fees if
disclosure of the records 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.
Requests for fee waivers must be fully documented and justified
by written explanation. The U.S. Department of Justice, which oversees
FOIA compliance throughout the federal government, sets out a six-part
test for agencies to follow when evaluating a request for fee waivers.
Privacy Act: Under the Privacy Act (PA), a person
may seek access to records that are retrieved by that person's
name or other personal identifier, such as social security number
or employee identification number. Such records will be made available
unless they fall within the exemptions of the PA and the FOIA.
Detailed information concerning USDA policies and
procedures for obtaining access to information under the FOIA and
the PA is available in 7 CFR Part 1, Subpart A, or by calling the
USDA FOIA Officer at 202-720-8164 between the hours of 8 a.m. and
4 p.m.
USDA FOIA/PA Officer:
Andrea Fowler
(202) 720-8164
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