U.S. Geological Survey Manual

1. Purpose. This chapter establishes Surveywide policies, procedures, and responsibilities for the administration of the Freedom of Information Act (FOIA).

2. Authority. This chapter implements the following:

A. Freedom of Information Act (5 U.S.C. 552).

B. 43 CFR 2, Subpart--B Requests for Records (see Appendix A).

C. 383 DM 15, Freedom of Information Act.

D. Department of the Interior's Freedom of Information Act Handbook supplementing 383 DM 15.

3. Definitions.

A. FOIA Request. A FOIA request to inspect or copy records may be made by any individual, partnership, corporation, association, or public or private organization other than an agency. The request must be in writing, must specifically invoke the Act, and must otherwise conform to requirements in 43 CFR 2.14.

B. Record. "Record" means all films, books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, made or received by the U.S. Geological Survey (USGS) pursuant to Federal law or in connection with the transaction of public business and preserved by the USGS as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the USGS, or because of the information value of data contained therein. It does not include physical evidence that cannot be copied; requests for response to questions; creating records or providing computations; or items such as published books; documents published in the Federal Register or Congressional Record; or other publications available to the general public through the Government Printing Office, National Technical Information Service, Geological Survey Open-File Services Section, or other recognized publication outlets.

C. Office of Record. "Office of Record" means that office responsible for maintaining records on a given subject, as well as that office responsible for making an initial written recommendation (letter of response) regarding the availability of such records upon receipt of a FOIA request.

D. Denial. "Denial" means to withhold access to inspect or copy records (in whole or in part) based upon any of the nine categories of statutory exemptions provided by the FOIA. See 43 CFR 2.13(c) for such exemptions.

4. Policy. It is USGS policy to make its records available to the public to the greatest extent possible in accordance with the provisions and spirit of the Freedom of Information Act.

5. Procedures. Detailed Departmentwide procedures, covering all aspects of the FOIA are contained in 43 CFR 2, Appendix A to this chapter. The FOIA and 43 CFR 2.17 require that the USGS determine whether to grant or deny a request within 10 working days and to immediately communicate this determination to the requester.

6. Responsibilities.

A. Director. Has the responsibility for USGS compliance with Departmental policy as well as the spirit and provisions of the FOIA. Has the authority to deny access to headquarters records after consultation with the Solicitor's Office. See Appendix B for a sample denial letter.

B. Regional Management Officers are responsible for regional compliance with the contents of this chapter. A FOIA request made to a field installation to inspect or copy a record located at that installation may be denied by the Regional Management Officer (RMO) only after consultation with the Regional Solicitor. (A listing of Regional Solicitors' offices is at Appendix C.) RMOs are also responsible for ensuring that copies of all FOIA requests and responses are forwarded to the USGS FOIA Officer.

C. USGS FOIA Officer, Office of Facilities and Management Services, is responsible for the following:

(1) Developing and implementing Surveywide administrative procedure for the efficient and effective processing of FOIA requests.

(2) Providing advice on FOIA-related matters to USGS personnel.

(3) Reviewing and maintaining copies of all FOIA requests and responses.

(4) Reviewing all Headquarters denials or partial denials for access to information prior to their being forwarded to the Director.

(5) Performing liaison duties between the USGS and the Department on FOIA matters.

(6) Preparing the USGS Annual FOIA Report.

D. Division FOIA Representatives (see Appendix D) are responsible for:

(1) Reviewing and taking appropriate action on requests from the public to ensure the preparation of fully developed responses within prescribed time frames.

(2) Monitoring the system of processing requests within their respective divisions and, if necessary, developing and implementing internal operating procedures to ensure effective processing of such requests. Any procedures developed must be consistent with this chapter.

(3) Contacting the USGS FOIA Officer on any problems encountered in processing requests.

(4) Providing a copy of all FOIA requests and responses to the USGS FOIA Officer.

(5) Forwarding all Headquarters denials or partial denials for access to information through the USGS FOIA Officer prior to forwarding to the Director.

(6) Ensuring that consultation has been made with the appropriate Solicitor's Office before a decision is made to deny a record, to release a record that is exempt from disclosure, or to deny a fee waiver request.

(7) Coordinating responses to requests from the news media and requests concerning major environmental issues as follows:

(a) Headquarters. Responses to all such requests must be routed through the FOIA Officer and the Chief, Public Affairs Office.

(b) Field Offices. Copies of such responses must be sent to the Chief, Public Affairs Office (119 National Center). NOTE: Any response that deals with issues that may be potentially sensitive beyond the regional level must be coordinated with the Chief, Public Affairs Office, before the response is sent.

(8) Providing the USGS FOIA Officer with Division input for the Annual FOIA Report.

7. Uniform Fee Schedule. Appendix A includes the Departmentwide uniform fee schedule for requests under the FOIA. Note that 43 CFR 2.14(b)(3)(i)(B) provides that a requester indicate the maximum amount of fees that he/she is willing to pay. (See Appendix E for a sample Bill for Collection.)

8. Exemptions. The exemptions listed in 43 CFR 2.13(c) are not mandatory bars to disclosure, and only describe the information that USGS officials may, in their discretion, choose not to release; i.e., information falling under the exemptions can still be released unless other Federal statutes prohibit disclosure. If an exemption is to be invoked to deny access to information, a justification (sound grounds) for withholding the information must be provided; a mere assertion that an exemption applies is insufficient.

9. Annual Report. In February of each year the USGS is required to prepare for submission to Congress through the Department a report summarizing FOIA activities during the previous calendar year. The USGS FOIA Officer will request information from appropriate offices to satisfy the requirements of this report.