Guide for Obtaining Information

The following questions and answers are designed to assist you in obtaining information under the FOIA.

1. How do I obtain information routinely available to the public?

A great deal of information is available to the public without filing a FOIA request. Examples are Departmental policies, procedures, and organizational descriptions. Many items are available electronically on either the Department or Bureau websites. If you are not sure where to begin your search, a list of FOIA contacts/liaisons is available online.

2. Will the Department accept written requests, including fax or e-mail, for routinely available information?

Yes. Although a request for this type of information is not a FOIA request, the bureau will send you the requested information and charge you for the copies, according to the fee schedule in 43 CFR, Part 2, Appendix C.

3. Can I request records under the FOIA over the telephone?

No. A request for documents under the FOIA must be in writing. You may submit a request through the postal mail, by email, or by fax. In accordance with the DOI regulations, you must provide a return address. Additionally, if you modify your request, you must verify the change in writing to the appropriate FOIA office processing the request. Otherwise, processing will not begin.

4. What do I need to know about the records I am requesting in my FOIA request?

In order for a record to be considered subject to your FOIA request, it must be in the bureau's possession and control at the time the bureau begins its search for responsive records. There is no obligation for the bureau to create or compile a record to satisfy a FOIA request (for example, by combining or compiling selected items from manual files, preparing a new computer program, calculating proportions, percentages, frequency distributions, trends and comparisons, or creating maps).

5. What information do I need to include in my FOIA request?

A description of the records
Where you believe the records are located (if possible)
A statement of your willingness to pay fees or a complete fee waiver justification
Your fee category (i.e., commercial use, scientific/educational, news media or other)
Your postal address (this is REQUIRED in order to mail documents to you)

If you are filing a Privacy Act request, include a written authorization signed by:

You (if this is a first-party request)
The individual to whom the records are about (if you are requesting the records on behalf of someone)
Legal representation of the individual to whom the records are about

You should also provide any additional information required in the Privacy Act System of Records Notice.

6. In what form or format will the records be sent to me?

Generally, you may choose the form or format of disclosure for records. Bureaus must provide the record(s) in the requested form/format if the office responding to the request can readily reproduce the record in that form/format with reasonable efforts. Applicable FOIA fees will apply regardless of the format.

7. Where do I send my request?

Submit your request in writing either through postal mail, email, or fax to the FOIA Contact at the bureau or office where you believe the records are maintained. If it is unclear where to send your request, seek assistance from the FOIA Contact of the bureau that manages the programs whose records you are requesting or the Departmental FOIA Officer. Addresses and other pertinent information are located online.

8. How long will it take to receive a response to my request?

When your request is received by the appropriate bureau or office, it will be given a processing number. At that time, the FOIA staff will determine whether your request is "perfected," meaning that the request addresses and complies with the Department's requirements under the FOIA. The bureau or office will send an acknowledgement letter or card providing you with the processing or reference number. Ordinarily, a bureau has 20 workdays from the date of receipt to respond to your request. If you have not received a response within 20 workdays or 30 workdays if an extension has been taken (be sure to allow for mailing time), you may contact the bureau FOIA Office to ask about the delay. You should contact the person listed in the acknowledgement letter as the point of contact for your request to check the status. You may also contact the appropriate FOIA Requester Service Center or FOIA Public Liaison at www.doi.gov/foia/liaison.html to check the status of your request. You also have the right to consider any non-response within these time limits as a denial of records and file a formal appeal or lawsuit. NOTE: These time limits do not apply to requests for expedited processing. The 20 workday time limit begins to run when a request complying with the procedures in 43 CFR §§ 2.8 and 2.10, is received by the FOIA contact at the bureau/office that has the records you are seeking and all issues regarding fees and the scope of your request are resolved.

9. How will I know what processing track my request has been placed in?

The Department of the Interior uses three tracks in processing FOIA requests: Simple, Normal, and Complex. When the FOIA office acknowledges your request, if it has been placed in the Complex track for processing, it should include this in the letter. At that time, you may wish to modify your request. If you modify your request, you must provide written documentation stating what the modification is before the FOIA office can limit or modify the scope. The written documentation can be an email, fax. or another letter. It MAY NOT be verbal. The FOIA office will let you know if modification of your request changes the processing track.

10. When will the bureau/office take a time extension to respond to my request?

The bureau may extend the 20-workday time limit for 10 more workdays when it needs to:

Search for and collect the requested records from multiple offices;
Search for, collect and examine a voluminous amount of separate and distinct records sought in a single request; or
Consult with another agency that has a substantial interest in the determination of the request or with one or more bureaus of the Department having substantial subject-matter interest in the request.

If the bureau intends to take an extension under this subsection, it will notify you in writing and provide the reason for the extension and the date it expects to make a determination on your request. If an extension is necessary and the bureau is unable to respond to your request within 30 workdays, it will notify you in writing when you may expect a final response and advise you of your appeal rights. If an extension is taken and you have not received a response in 30 workdays, you may consider the request denied and file an appeal or a lawsuit.

11. What are the criteria for receiving expedited processing?

To receive expedited processing of your request, you must demonstrate to the satisfaction of the bureau that your request meets one of the following criteria:

Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
An urgency to inform the public about an actual or alleged Federal Government activity if the request is made by a person primarily engaged in disseminating information. In most situations, a person primarily engaged in disseminating information is a representative of the news media.
The requested information must be the type of information which has particular value that will be lost if not disseminated quickly and ordinarily refers to a breaking news story of general public interest. However, neither information of historical interest only or sought for litigation or commercial activities nor a news media deadline unrelated to breaking news qualify for expedited processing.

A request for expedited processing should be submitted with your FOIA request. For a prompt determination, you must submit a request complying with the requirements of 43 CFR §§ 2.8 and 2.10 to the FOIA Contact at the bureau office that maintains the records you are seeking. If you are seeking expedited processing, you must submit a statement explaining in detail the basis for your request. You must certify in your letter that your need for expedited processing is true and correct to the best of your knowledge and belief. Within 10 calendar days of receipt of your request, the bureau will notify you whether it will grant expedited processing. If expedited processing is granted, the bureau will give priority to that FOIA request and process the request as soon as practicable. If expedited processing is denied, the bureau will notify you of your right to appeal the decision on expedited processing. Appeals of denials of requests for expedited processing will be processed ahead of other appeals (see 43 CFR, Part 2, § 2.32(b)). If the bureau has not responded to your request for expedited processing within 10 calendar days, you have a right to file an appeal for non-response.

12. What is the fee schedule for processing requests?

Bureaus will charge fees consistent with the provisions in 43 CFR, Part 2, §§ 2.16 and 2.17. Please see the FOIA fee chart to obtain the current processing fees.

13. How do I request a fee waiver?

If you are seeking a fee waiver, it is your responsibility to provide detailed information to support your request. You must submit this information with your FOIA request. You should explain the significance of the release of the information to public understanding of the Government's operations or activities based on your understanding of the type of information that you are requesting. Each fee waiver request is judged on its own merit—we do not grant "blanket" fee waivers, i.e., obtaining a fee waiver once does not mean you will obtain a subsequent fee waiver. Please note that inability to pay is not sufficient to justify a fee waiver. You may wish to review DOI's Fee Waiver Guidance before submitting a fee waiver request to one of the bureaus/offices.