Freedom of Information Act (FOIA) Requests for Records Relating to Fire Incidents and the “Need to Know” Process Also a Part of the Idaho Fire Trespass Operating Plan
Bureau of Land Management
1387 South Vinnell Way
Boise, ID 83709-1657
United States
1278/9210 (950/916) P
The purpose of this Instruction Memorandum (IM) is to suspend the “Need to Know” process implemented in IM ID-2019-014 and suspending only the “Need to Know” portions of the Idaho Fire Trespass Operating Plan transmitted in IM ID-2019-018.
Administrative.
Fire incident records are not open to the public because they may contain information protected under one or more of the exemptions defined in the FOIA (5 U.S.C. § 552(b)). A FOIA request must be submitted in order to obtain copies of any fire incident records unless they are already posted to the BLM Internet. All requests for fire incident records must be sent through the local and/or State FOIA Coordinator for processing, as there is a high probability that the records contain privacy and other sensitive data.
We will continue to follow everything transmitted in both IM ID-2019-014 and IM ID-2019-018 except for the “Need to Know” process of this policy and the “Need to Know” portions in the Idaho Fire Trespass Operating Plan. We are suspending these “Need to Know” process and portions until a State Trespass Coordinator can be hired and a review can be conducted between the new State Trespass Coordinator, the FOIA Manager and the Field Solicitor.
Employees are reminded that until a fire investigation and/or a fire trespass investigation (if applicable) is complete, no records related to that particular incident will be released, even when a FOIA request is submitted. It may be helpful to explain to callers (or visitors) why they should wait until the investigation is complete to submit their request.
This change is effective immediately.
The “Need to Know” process/policy was identified and implemented in both IM ID-2019-014 and IM ID-2019-018 and each of these IMs mention the “Need to Know” process/policy. Attached is the FOIA and Need to Know Implementation Procedures initially transmitted with IM ID-2019-014 and attached is the Idaho Fire Trespass Operating Plan that was updated in ID-2019-018 and both are still in affect except for the “Need to Know” portions.
This IM affects Idaho BLM Manual Supplement 1278, External Access to BLM Information, until it is updated. This plan is being combined with the BLM Fire Trespass Handbook, H-9238-1, to make ease of reference. Specific Idaho items have been highlighted in yellow.
For additional information, please contact Kris King, State FOIA Coordinator, at (208) 373-3947 or Dennis Strange, State Fire Management Officer at (208) 373-3851.
This IM was coordinated through the Boise Field Solicitor’s Office, the State Management Analyst, the State Records Administrator, and the State Fire Management Officer.