Procedures for Processing Freedom of Information Act (FOIA) Requests
October 18, 2019
In Reply Refer To:
1203/1278 (950) P
EMS TRANSMISSION: 10/29/2019
Instruction Memorandum No. ID-2020-004
Expires: 09/30/2023
To: Idaho Leadership Team
Attn: Field Freedom of Information Act Coordinators, Support Services Managers, and
Supervisory Administrative Specialists
From: John F. Ruhs
State Director
Subject: Procedures for Processing Freedom of Information Act (FOIA) Requests
Program Area: FOIA
Purpose: This Instruction Memorandum (IM) provides policy and procedural guidance for processing Bureau of Land Management (BLM) Idaho FOIA requests, defines roles and responsibilities for Idaho FOIA Coordinators and publishes a list by office of Idaho’s Field FOIA Coordinators.
Administrative or Mission Related: Administrative
Policy/Action: Executive Order (EO) 13392 requires all requests to be processed through a “FOIA Requester Service Center” to provide better tracking of request status and, thereby, better customer service. To fulfill this requirement, the Idaho State FOIA Coordinator will continue as the designated point of contact for all Idaho FOIA requests.
All FOIA requests shall be centrally managed in the Idaho State Office (ISO) by the State FOIA Coordinator, or their acting. The State FOIA Coordinator or the FOIA staff will maintain all official case files for Idaho FOIA requests and will process requests in conjunction with the designated Field FOIA Coordinator(s) and Subject Matter Expert(s) in affected offices. If responsive email records are requested employees should utilize the FOIA Document Management Unit (DMU) Tool to extract the email records.
Additionally, as offices establish partnerships with other agencies and bureaus (State, County, etc.) verbiage needs to be added to Agreements regarding the release of information. See 43 CFR § 2.13. Sample Agreements wording below:
The Bureau of Land Management (BLM) may only agree to maintain the confidentiality of information and documents to the extent permitted by the Freedom of Information Act (FOIA). When BLM receives a FOIA request, the BLM may protect information from disclosure only if a FOIA exemption is applicable. Case law in the 9th Circuit proscribes use of Exemption 5, Deliberative Process Privilege, beyond federal agencies. Information sharing with non-federal government partners and contractors throughout BLM’s decision making process will not be subject to protection under Exemption 5. Non-federal partners and contractors should heed this notice when sharing drafts, written communication, and opinions. This information will be released in its entirety, unless another FOIA exemption is appropriate.
Attachment 1 is a FOIA Processing Checklist that details the processing procedures. Attachment 2 is a list of Roles and Responsibilities of the State FOIA Coordinator, State FOIA Specialist and the Field FOIA Coordinators. Additional resources are available on the Idaho State Office SharePoint site at https://blmspace.blm.doi.net/id/sites/ss/SitePages/FOIA.aspx including:
• Idaho FOIA Coordinators by Office
• Form ID-1278-2
• Form ID-1278-3
• President Obama’s Memorandum on FOIA
• FOIA Adequate Search Tips
• Office of the Secretary Foreseeable Harm Standard Memo
• FOIA Document Management Unit (DMU) Instructions
Timeframe: This policy continues to be in effect and this IM supersedes all previous versions.
Background: The FOIA request processing is mandated by strict timeframes and procedural requirements. Various EOs, Presidential and Attorney General Memoranda, Office of Management and Budget Directives, FOIA Amendments, and Department of the Interior policies have added additional requirements for processing (procedural changes) and reporting. Current court decisions have also impacted how FOIA requests are processed. As FOIA requests are frequently a precursor to litigation or appeal, it is extremely important that requests are properly processed and that response letters and enclosures with sensitive material are reviewed by the State FOIA Coordinator, or their acting, and the Solicitor’s Office. Internal FOIA processing procedures are required to ensure timely and efficient processing of FOIA requests.
Manual/Handbook Sections Affected: This IM serves as interim guidance to Idaho BLM Manual Supplement 1278, External Access to BLM Information, until it is updated.
Coordination: This IM was coordinated through the Idaho Support Services Managers, Supervisory Administrative Specialists, and FOIA Field Coordinators.
Contact: For additional information, contact Kristine King, State FOIA Coordinator, at (208) 373-3947.
Boise District with Union: Management is reminded to notify and satisfy any bargaining requirements prior to implementation.
Signed by:
John F. Ruhs
State Director
Authenticated by:
Hannah K. Jones
Administrative Specialist
2 Attachments:
1 – Idaho FOIA Processing Checklist (4 pp)
2 – Roles and Responsibilities (3 pp)