1. Purpose.

This reference guide is intended to assist you in obtaining information from the Department of the Interior (DOI) under the Freedom of Information Act (FOIA), the Privacy Act , and by other means. It applies to all components of the Department. In some cases, bureaus may provide supplemental guidance that pertains to their bureau only.

DOI maintains records pertaining only to its activities, operations, and programs. If you want information from another Federal agency, you should contact that agency directly.

2. How do I obtain information from DOI?

If you are seeking general information about DOI or one of its bureaus or offices, you may wish to visit or contact the Office of Communications or the Public Affairs Office for the appropriate bureau.

Information concerning DOI’s acquisition and property management program (e.g., the purchase card program) and its policies and procedures is also available by accessing the Office of Acquisition and Property Management’s home page at http://www.doi.gov/pam/pamhome.html.

In addition, the Office of Inspector General (OIG) provides on-line access to publicly releasable audit reports. These reports are available via Internet through the Government Printing Office at http://www.access.gpo.gov/doi or by writing to the FOIA/Privacy Act Officer for the OIG (see FOIA Contacts list). If you request a copy from the OIG, please include the audit report number and title or, if not known, as much information as possible to identify the report.

The Office of Hearings and Appeals (i.e., the Hearings Division and three formal Boards of Appeals) renders decisions for DOI in public land, Indian, and contract matters which are available to the public through a subscription service. The fee varies depending on the organization rendering the decision. You may subscribe to the service by contacting the Printing Clerk, Office of Hearings and Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203; telephone number (703) 235-3799.

DOI's Natural Resources Library consists of over one million holdings dealing with the broad range of matters pertaining to DOI’s mission. You may wish to visit the Library which is located in Room 1041 of the Main Interior Building (MIB), 1849 C Street, NW, Washington, D.C. 20240; telephone number (202) 208-5815. The Library is open to the public for on-site reference use from 7:45 a.m. - 5:00 p.m., Monday-Friday. Additional information regarding the Library's holdings and services may be obtained, via Internet at http://library.doi.gov.

To obtain specific information about Departmental records, you also may refer to:

(1) the index which DOI's bureaus and offices are required to publish in the Federal Register (5 U.S.C. 552(a)(2)) (copy attached).

(2) the index of records frequently requested under the FOIA (copy attached).

The information you are seeking may be available already in one of DOI’s reading rooms or via Internet. If it is not, you will need to submit a written FOIA request to DOI. If you have questions on what information is available without submitting an FOIA request or where it may be located, contact one of the FOIA Contacts on the attached list.

3. Introduction to the FOIA.

The purpose of this part of the guide is to familiarize you with the specific procedures for making an FOIA request to DOI. You also may wish to visit DOI’s FOIA home page at http://www.doi.gov/foia/ for additional information regarding our FOIA program.

The information contained in this guide is not exhaustive or definitive. Further, to the extent that anything in the guide may be or could be construed as inconsistent with the law or DOI’s regulations, the law and regulations will control DOI’s responsibilities under the FOIA.

FOIA requests will be processed under 5 U.S.C. 552, as amended and DOI’s regulations implementing the Act (43 CFR Part 2, Subpart B). Copies of these regulations are available for inspection at DOI’s Library in Washington, D.C., its reading room facilities, and at most public libraries. Copies also may be obtained from the Departmental FOIA Officer or one of the bureau/office FOIA Officers.

The FOIA (5 U.S.C. 552) generally provides that any person has a right to obtain access to Federal agency records unless they are protected from disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. The FOIA requires agencies to: (1) provide automatic public access to certain information covered under sections 552(a)(1) and (a)(2) of the Act; and (2) make other records promptly available to any person in response to an FOIA request.

Under 5 U.S.C 552(a)(1), bureaus and offices within DOI publish certain information in the Federal Register for the guidance of the public such as descriptions of their central and field organizations, functions, procedures, and substantive rules and statements of general policy.

In addition, under 5 U.S.C. 552(a)(2), bureaus and offices will make other information available for inspection and copying in their reading rooms or at a time and location specified by the bureau/office. This information includes final opinions rendered in the adjudication of cases; policy statements and interpretations not published in the Federal Register; administrative staff manuals and instructions affecting a member of the public; copies of records frequently requested under the FOIA and an index of those documents. Bureaus and offices will make records covered under section 552(a)(2) of the FOIA thatare created on or after November 1, 1996, available by Internet, or by other telecommunication or electronic means by November 1, 1997. Other records may be made available for inspection, copying, or via Internet at the bureau/office’s discretion.

The records described above will not necessarily be made available in their entirety. Some identifying details and other privileged or sensitive information may be deleted prior to making records available for inspection and copying. If you would like access to the entire record, you must submit a written FOIA request and your request will be processed in accordance with the procedures described below. However, submission of an FOIA request does not guarantee that the entire record will be released. Portions may be withheld pursuant to an FOIA exemption if (1) disclosure is prohibited by statute or Executive order or (2) sound grounds exist for invoking an exemption.

The above-mentioned information is routinely available to the public for inspection and copying in reading rooms or selected locations in DOI or via Internet or by other electronic means. Reasonable copying services will be provided at the fees specified in 43 CFR Part 2, Appendix A. Therefore, it is not necessary to file an FOIA request to obtain access to this material.

4. What information is generally available by submitting an FOIA request?

(1) matters of national defense and foreign policy;

(2) internal personnel rules and practices;

(3) information exempted by other statutes;

(4) trade secrets, commercial or financial information (confidential business information);

(5) privileged interagency or intraagency communications;

(6) personal information affecting an individual’s privacy;

(7) records compiled for law enforcement purposes;

(8) records of financial institutions; and

(9) geological and geophysical information concerning wells.

When you make an FOIA request, you must describe the material you want as specifically as possible. If the agency cannot identify and locate the records you are seeking with a reasonable amount of effort, it is under no obligation to proceed further with your request.

Your request will apply only to records in existence at the time your request is received by the Department. DOI is not required to create or compile records to respond to a request. Further, the FOIA does not require agencies to do research for you, compile or analyze data, or to answer questions.

The FOIA does not apply to Congress or the courts, nor does it apply to records held by State or local government agencies, or by private businesses or individuals. However, nearly all State governments have their own FOIAtype statutes. You may request information about a State's law by writing to the attorney general of the state.

5. Whom do I contact in the Federal Government with my request?

Initially, it is important to understand that there is no central office in the Government which processes FOIA requests for all Federal agencies. Each department and agency responds to requests for its own records. Therefore, DOI is responsible for responding to FOIA requests for records under its purview only. If you are interested in records that may be located at another agency, e.g., the U.S. Forest Service or the Bonneville Power Administration, you must contact that agency directly.

6. How do I request information from DOI under the FOIA?

Before making a request under the FOIA, make sure the information you seek has not already been made available to the public in DOI’s library, reading rooms, or via Internet. You may find it useful to contact the appropriate bureau/office FOIA Officer (see FOIA Contacts list) or the Departmental FOIA Officer for additional information concerning DOI’s FOIA Program.

The FOIA Program in DOI is highly decentralized. In addition to the Departmental FOIA Officer and FOIA Appeals Officer, who administer the program Departmentwide (i.e., develop policies and procedures, provide program oversight and training and process and decide FOIA appeals), there are 13 FOIA Officers responsible for implementing the Program for their bureau/office. Each bureau/office has a FOIA Coordinator for each of its regional, area, field, or district offices. Further, the regional organizational structure is unique to that bureau/office. As a result, DOI’s files are decentralized and are processed by various bureaus and offices and at various program levels and locations throughout the country. The Department does not maintain a centralized index or database to determine what information it has.

Therefore, if you are interested in records that are in the custody of a particular bureau/office, you should submit your request in writing to the FOIA Contact at the installation where you believe the records are maintained. The time limits for processing your request will not begin to run until it gets to the installation where the records are located. If you are uncertain, please call the Departmental FOIA Officer (see FOIA Contact list) for assistance.

If you send your request to the Secretary of the Interior, Office of Communications/Public Affairs or to someone other than a designated FOIA officer, it may take longer to process your request.

Fax requests are accepted by all DOI installations. However, only some installations accept electronic mail requests. Before sending requests by electronic mail or fax, make sure you have the correct address and fax number.

When submitting an FOIA request to the Department, you must:

(1) Describe the requested records in enough detail so that they can be located with a reasonable amount of effort. Be as specific as possible in identifying the records you are seeking. Any facts or clues which you can furnish about the time, place, persons, events, subjects, or other details of the information or records you seek, will be helpful to agency personnel in deciding where to search and in determining which records pertain to your request. This can save you and the Government time and money as well as improve your prospects for getting what you want.

(2) State the maximum amount of fees that you are willing to pay, or provide sufficient justification to support a fee waiver. The criteria that DOI uses in deciding whether to grant a fee waiver may be found in DOI’s FOIA regulations at 43 CFR 2.21 (copy attached).

(3) Specify the fee category (commercial-use, news media, educational institution/noncommercial scientific institution, or other (see 43 CFR 2.14).

We also recommend including the words “FOIA REQUEST” on all correspondence (including letters, envelopes and e-mail) as well as your name and telephone number (or an appropriate contact) in case the Department needs additional information or clarification of your request. The Department does not require a special form for submitting a FOIA request.

A sample request is shown below. Keep a copy of your request. You may need it in the event of an appeal or if your original request is not answered.

7. What about costs for getting records under the FOIA?

DOI charges fees to recover the direct costs of searching for, reviewing (commercial-use requesters only), and duplicating documents to respond to a FOIA request (see Figure 1). However, under the procedures in DOI’s FOIA regulations, the Department may waive or reduce fees when appropriate. DOI will not charge any requester if the fee is $15 or less.

The Department may charge for the time spent in trying to locate the requested records, whether documents responsive to the request are located or not (this includes computer search time). It also may charge commercial-use requesters for time spent in examining a record to see if it may be released to the public, in whole or in part, and the time spent in deleting information that must be protected (commercial-use requesters only).

Duplication refers to the process of making a copy of a document in response to an FOIA request. DOI will provide the record(s) you seek in whatever form/format you wish if the record(s) is readily reproducible with reasonable effort in the requested form/format by the office responding to the request.

There are four categories of requesters for the purposes of assessing fees (commercial-use, news media, educational institution/noncommercial scientific institution, or other). You should tell the agency what category you believe you fall under in your request. Educational/noncommercial scientific institutions and the news media are charged for the cost of duplication alone. They also are entitled to the first 100 pages of duplication at no cost. Noncommercial (or “other”) requesters are charged for the cost of document search and duplication only. Agencies will not charge noncommercial requesters for the first 2 hours of search time or for the first 100 pages of photocopies. However, commercial-use requesters are charged for all document search, review, and duplication costs. (See Figure 2, below.)

(Note: Requesters entitled to 2 hours of free search will not be charged for that portion of computer search that equals 2 hours of the salary of the individual performing the search.)

Depending on your previous payment record and the volume of records you are seeking, you may be asked to furnish written assurance of your willingness to pay the fee for the documents you seek (charges in excess of $15 will not be incurred without specific written authorization); or submit an advance payment (where the estimated fee is over $250 or if you owe a balance on a previous request). Outstanding balances that are not paid within 30 calendar days are considered overdue and interest will be charged. Failure to pay FOIA fees can be the basis for DOI refusing to process future requests. A bureau/office will not start processing your request until the fee issue has been resolved.

8. Will DOI waive or reduce fees?

You may receive a waiver or reduction of fees if you request it and can show that the information you are seeking will, when released, contribute significantly to the public understanding of the operations or activities of the Department. Requests for fee waivers and/or reductions are decided on a case-by-case basis in accordance with the guidance in DOI’s FOIA regulations (43 CFR 2.21). The fact that a bureau/office may have granted you a fee waiver in the past does not mean you are entitled to receive an automatic fee waiver for future requests. Requests for waiver or reduction of fees should be submitted with requests for records under the FOIA and should include any facts or arguments which might support the request. Bureaus/offices will not start processing your request until the fee waiver issue has been resolved, unless you have provided written assurance of payment in full if the fee waiver is denied.

9. How long will it take to answer my request?

Under the FOIA, you have a right to a decision within 20 workdays of receipt of your inquiry (excluding Saturdays, Sundays, and holidays) by the installation that maintains the records. DOI makes every effort to meet this timeframe. If you have not received a reply by the end of that time (be sure to allow for mailing time), you may write a followup letter or telephone the appropriate bureau/office to ask about the delay. Sometimes a bureau/office may need more than 20 workdays to find the records, examine them, possibly consult other persons or agencies, and decide whether it will disclose the records requested. In this case, the bureau/office should inform you before the deadline. In certain circumstances, agencies have the right to extend this period up to 10 more workdays. Due to the complexity of certain requests and legal reviews, it may take a substantially longer time to fully respond to a request. In these instances, the bureau/office should keep you informed about the status of your request. If the bureau/office has a backlog of requests that were received before yours, it usually will handle requests on a firstin, firstout basis and may not respond to all requests within the statutory period.

10. Does DOI provide expedited processing?

We will provide expedited processing of requests only when the requester certifies that there is a compelling need for the information. DOI will provide expedited processing in the following circumstances:

1) when failure to obtain the requested information on an expedited basis could pose an imminent threat to a person’s life or physical safety;

(2) when a member of the media (or a person primarily engaged in disseminating information) requests information and there is an urgency to inform the public concerning an actual or alleged Federal Government activity; and

(3) whenever the information is needed in connection with a judicial or administrative proceeding and it is critical to preserving the requester’s “due process rights,” assuming the information is not otherwise available.

If you think that your request should be expedited, please explain your reasons fully in your request. Under this process, we decide whether we will expedite it and notify you of our decision within 10 days from the date of the request. If we deny your request for expedited processing, you will be advised of your right to submit an appeal under the procedures described below.

11. If I’m dissatisfied with DOI’s handling of my request, what are my rights?

Prior to filing a formal appeal, you may wish to contact the appropriate bureau/office FOIA Officer or the Departmental FOIA Officer to see if the issue can be resolved informally. The types of appeals that would be appropriate for informal resolution would include those where the bureau/office has not responded to your request or where you believe the search conducted was not adequate. However, if you wish to file a formal appeal concerning these or any other issues, it must be filed with the FOIA Appeals Officer within 20 workdays after the date of the initial denial (or final response) or 20 workdays after the requested records have been made available.

12. How do I submit an appeal?

You should send a letter to the DOI FOIA Appeals Officer within 20 workdays at the following address:

Office of Information Resources Management
U.S. Department of the Interior
1849 C Street, NW
MS-5312, MIB
Washington, DC 20240

To appeal, simply ask the Department to review your FOIA request and its decision. You should give your reason(s) for believing that the denial or decision was wrong. Be sure you refer to all communications you have had on the matter. You must include copies of the original request for information and the bureau/office's letter of denial (or final response). You do not need to enclose copies of any documents released to you. Your appeal will not be processed until we receive these documents.

The agency has 20 workdays after it receives your appeal letter to respond. Under certain circumstances, it may also take an extension of up to 10 workdays. If, however, the bureau/office took an extra 10 days to respond to your initial request, the Department would not be entitled to an extension on the appeal.

DOI’s FOIA Appeals Officer will acknowledge your appeal upon receipt. The Department also will notify you of the status of your appeal if it is not able to provide you with a decision within 20 workdays.

13. What can I do if my appeal is rejected?

If you are dissatisfied with DOI’s response, you can file an FOIA lawsuit in the U.S. District Court where you live, where you have your principal place of business, where the documents are kept, or in the District of Columbia. If you win a substantial portion of your case, the court may require the Government to pay court costs and reasonable attorney's fees for you.

14. FOIA Annual Report to Congress.

Under 5 U.S.C. 552(e), DOI is required to submit an annual report to Congress on its FOIA activities. The report includes statistical information about FOIA requests, appeals, and litigation against the Department. Copies of DOI's annual FOIA report may be obtained from the Departmental FOIA Officer (see FOIA Contacts list). A copy of DOI's most recent report is available electronically through DOI's FOIA home page or by contacting the DOI Library (see DOI's Index of Frequently Requested Documents Under the FOIA for the address and telephone number). In the future, in accordance with the “Electronic FOIA Amendments of 1996," the annual FOIA reports will be accessible through DOI’s FOIA home page. (Please note that beginning with the 1998 report, the reporting period changed from the CY to the fiscal year.)

15. What is the Privacy Act?

The Privacy Act (PA), 5 U.S.C. 552a, passed by Congress in 1974, establishes certain controls over how Federal agencies gather, maintain, and disseminate personal information. If you are a United States citizen or permanent resident, you can use the PA to obtain information in a system of records about yourself. A request for information on another individual that is covered by a system of records is handled under the FOIA.

The PA only applies to records about you that are contained in a “system of records,” meaning that they are retrieved by your name, social security number, or some other personal identifier. In other words, the PA does not apply to information about individuals in records that are filed under other subjects, such as organizations or events, unless the agency also indexes and retrieves them by individual names or other personal identifiers. Like the FOIA, the PA mainly applies to records held by Federal agencies.

16. Whom do I contact concerning my request?

As with the FOIA, it is important to understand that there is no central office in the Government which processes PA requests for all Federal agencies. Each department and agency responds to requests for its own records. Therefore, DOI is responsible for responding to PA requests for records under its purview only.

At the present time, the Department maintains about 210 records systems, located in its various bureaus/offices, both in Washington, DC, and throughout the country. Most of the records systems pertain only to DOI employees, while the remainder are generally restricted to individuals who are involved in various Departmental programs or do business with DOI. If you are interested in records that may be maintained by other Federal agencies, you will have to contact them directly.

Like the FOIA Program, the PA Program also is highly decentralized within DOI. In addition to the Departmental PA Officer who administers the program Departmentwide (i.e., develops policies and procedures, provides program oversight and training, and processes PA appeals), there are 13 PA Officers responsible for implementing the Program for their bureau/office. Each bureau/office has a PA Coordinator for each of its regional, area, field, or district offices. Furthermore, within each bureau/office, there is one individual who is responsible for managing each PA system of records. For more information on the Department's Privacy Program go to: http://www.doi.gov/oirm/privacy/index.html.

17. How do I know if DOI has a file on me?

18. How do I request information under the PA?

Submit a written request to the system manager identified in the Privacy Act system notice (see above).

Because DOI does not maintain a centralized index or database to determine what information it has, it relies on individuals to provide sufficient details about themselves and the records they are seeking so that a search of the files may be conducted. Give as much information as possible as to why you believe DOI has records about you.

Be sure to write "Privacy Act Request" clearly on both the letter and the envelope. You should state that you are seeking records pertaining to you and provide any additionalidentifying information as necessary. Remember to sign your request for information, since your signature identifies you as the individual to whom the records apply. If you think information pertaining to you may be filed under a name other than the one you are currently using, you should let the bureau/office know.

If the bureau/office needs more proof of identity before releasing your files, it will let you know. DOI does not have any special forms for requesting records under the Act. For more detailed information on filing a Privacy Act request with the Department refer to DOI regulations at previous link to 43 CFR regulations .

19. What about costs for getting records under the PA?

Under the PA, DOI charges only for the cost of copying records for you, not for time spent locating or reviewing them. In DOI, FOIA duplication fees apply to documents processed under the PA.

20. How long will it take to answer my request?

Under the PA, DOI is not required to reply to a request for access to records within a given period of time. However, the Department will make every effort to respond within 20 workdays. If you do not receive a response within 4 weeks or so, you should contact the appropriate system manager to whom the request was sent.

21. What can I do if the bureau/office denies my request under the PA?

If a bureau/office denies your request to access the information you seek, in whole or in part, or amend your record(s), it will inform you in writing of the reason for the denial, the name of the person(s) responsible for the decision, and your right to appeal the denial. If you wish to appeal a denial of notification, access, or amendment, you should follow these procedures:

(1) Submit your appeal within 20 workdays of the date of the decision;

(2) Include a copy of the denial and explain why you are requesting a review; and

(3) Send your appeal to the PA Appeals Officer at the following address:

Office of Information Resources Management

U.S. Department of the Interior

1849 C Street, NW

MS-5312, MIB

Washington, DC 20240

DOI has 30 workdays after it receives your appeal letter to respond. Under certain circumstances, the 30-day period may be extended. If the 30-day period is extended, the Department will notify the individual who filed the appeal of the extension and the date on which a determination is expected to be made. Should DOI deny your appeal, you may take the matter to court. If you win your case, you may be awarded court costs and attorney's fees.