Freedom of Information Act
Background
The Freedom of Information
Act (FOIA), 5 U.S.C. 552, as amended, is based on the principle of openness
in government and generally provides that any person has a right, enforceable
in court, of access to Federal agency records, except to the extent
that such records (or portions thereof) are protected from disclosure
by one of nine exemptions or by one of three special law enforcement
record exclusions. Under the spirit and provisions of the FOIA, Federal
agencies are to make their records available to the public to the greatest
extent possible.
FOIA request for
a copy of U. S. Geological Survey (USGS) records can be made by any
individual or public or private organization other than a Federal agency.
The request must: (1) be in writing, (2) specifically cite the Freedom
of Information Act, (3) reasonably describe the records sought, and
(4) indicate a willingness to pay fees, (specify the amount they are
willing to pay) or ask for a fee waiver. The request will be sent to
the USGS FOIA Officer, Mail Stop 807, National Center, Reston, VA 20192.
Process
Upon receipt, the
FOIA Officer will direct the request to the appropriate USGS discipline
FOIA Representative. The FOIA representative or an assigned action officer
will respond to the request no later than 20 workdays after receipt,
as required by the FOIA statute. When it is necessary to forward a request
to another installation such as a field office for response, the time
limit begins upon receipt by the field office. A time extension, not
to exceed an additional 10 workdays, may be taken in certain circumstances.
However, the requester must be notified in writing that an extension
is being taken, the reason(s) for taking the extension, and the anticipated
date of the FOIA response.
A FOIA response
must advise the requester of the records that the bureau intends to
disclose or to withhold, the exemption(s) authorizing the withholding
(including a citation or summary of each exemption), and a strong justification
for withholding the record(s). Normally the records to be disclosed
will be provided with the response letter. If the records are not provided
with the letter, they will be sent as soon as possible thereafter.
Denials
Headquarters USGS
FOIA responses involving a denial or partial denial of records must
be coordinated with the FOIA Officer. In the central, eastern and western
regions, denials are usually signed by the Chief, Office of Regional
Services, after consultation with the regional solicitor. A denial or
partial denial letter will contain a paragraph advising the requester
of the right to file an appeal with the Department of the Interior's
FOIA Appeals Officer.
Department of the Interior's (DOI) Freedom of Information Act Handbook,
383 DM 15*
FOIA
Search and Review Fees
Attorney
General Ashcroft FOIA Memorandum, a new statement of Administration
policy, issued October 12, 2001, to outline the new FOIA policy, located
at the Department of the Interior FOIA web site.
List
of USGS FOIA Contacts
Survey
Manual 318.1 - Freedom of Information Act - General, provides USGS
Guidance on the Freedom of Information Act.
USGS
Organization Chart
USGS
Electronic Directory
Laws
and Regulations Governing USGS Activities
DOI
Guide for Obtaining Information
DOI
Frequently Requested Documents
U.S.
Geological Survey Manual
Instructional
Memoranda
About
USGS
Department
of Interior FOIA
Department
of Justice FOIA
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