FOIA Administration
FOIA Exemptions
The FOIA provides nine FOIA exemptions which prevents certain information from disclosure
Exemption 1- Protects national security information concerning national defense or foreign relations
Exemption 2- Covers records related solely to internal personnel rules and practices of an agency
Exemption 3- Authorizes withholding of information prohibited from disclosure by another Federal statute
Exemption 4- Exempts trade secrets and information which is commercial or financial
Exemption 5- Protects records of a pre-decisional nature, as necessary. Such records typically contain the opinions, conclusions, or recommendations of the author and are part of the decision-making/deliberative process. Encompasses inter-agency or intra-agency memoranda or documents; attorney-work product; attorney-client communications
Exemption 6- Provides protection for personal privacy interests; permits withholding documents if disclosure would be a clearly unwarranted invasion of personal privacy
Exemption 7- Protects from mandatory disclosure records compiled for law enforcement proceedings
Exemption 8- Covers matters contained in or related to reports prepared by or for use by an agency responsible for regulation of financial institutions
Exemption 9- Pertains to geological and geophysical information and data concerning wells and includes maps
Section 1619 of the Farm Bill
Under FOIA Exemption 3, Section 1619 of the Farm Bill prohibits NRCS from disclosing:
a) Information provided by an agriculture producer or owner of agriculture land concerning the agriculture operation, farming or conservation practices, or the land itself, in order to participate in NRCS programs; or
b) Geospatial information otherwise maintained by the Secretary about agriculture land or operations for which information described in subparagraph (A) is provided.
Fee Categories
1. Commercial – A commercial requesteris one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made.
2. Educational Institution – An educational institutionrefers to a preschool, a public or private elementary or secondary school, an institution of undergraduate or graduate education, an institution of professional education, and institution of vocational education, which operates a program or programs of scholarly research. Records must not be sought for commercial use, but for furtherance of scholarly research.
3. Non-Commercial Scientific Institution – A Non-Commercial Scientific Institution refers to institution that is not operated on a “commercial” basis, and which is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. Records must not be sought for commercial use, but for scientific research.
4. Media – A media requester refers to any person or organization actively gathering news for an entity that is organized and operated to publish or broadcast news to the public.
5. All Other – An “all other” requester refers to requesters who do not fit any of the above categories.
Fees
Commercial requesters are required to pay for search and review time, as well as the duplication of records.
Educational Institution, Non-Commercial Scientific Institution, and Media requesters are required to pay for duplication of requests, minus the first 100 pages which are free of charge.
All Other requesters are provided two hours of free search time, the first 100 pages of duplicated records free; however, hours beyond two hours of search time will be charged accordingly.
Search fees include all time that was spent searching for and retrieving records or information responsive to a request.
Review fees include all the time spent that is necessary to review the material to determine if it can be released, and all that is necessary to prepare its release.
Search and review fees are charged at the hourly basic salary rate, (plus 16 percent) of the employee(s) conducting the search or review. Duplicate of pages is $0.20 per page.
Fee Waivers
In order to qualify for a fee waiver, requesters must meet, list, and justify the following criteria:
1. The subject of the request concerns “the operations or activities of the government”;
2. The informative value of the information to be disclosed is “likely to contribute” to an understanding of government operations or activities;
3. The disclosure of the requested information will contribute to “public understanding”;
4. The disclosure is likely to contribute “significantly” to public understanding of government operations or activities;
5. The existence and magnitude of a commercial interest, i.e., whether the requester has a commercial interest that would be furthered by the requested disclosure; and
6. The primary interest in disclosure, i.e., whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is “primarily in the commercial interest of the requester.”
NRCS may also waive fees under the following conditions:
1. Where the furnishings of records or a service without charge or at a reduced rate is an appropriate courtesy to a foreign country or international organization, or where comparable fees are set on a reciprocal basis with a foreign country or an international organization;
2. Where the requester is engaged in a nonprofit activity designed for the public safety, health, or welfare;
3. Where it is determined that payment of the full fee by a state or local government or nonprofit group would not be in the interest of the program involved; or
4. Where the amount of the fee is $25.00 or less.
