1.3 What terms do you need to know to understand this chapter?
1.4 What are the authorities for this chapter?
1.1 What is the purpose of this chapter? This chapter:
A. Ensures that the U.S. Fish and Wildlife Service (Service) carries out its responsibilities under the Freedom of Information Act (FOIA) in accordance with Department of the Interior (Department) FOIA regulations and policies;
B. Steps down the requirements and responsibilities in the Department’s FOIA regulations and policies for Service implementation (see section 1.5); and
C. Reminds Service employees of their obligation to follow the Department’s policies and procedures when responding to FOIA requests from members of the public.
1.2 What is the scope of this chapter? This chapter applies to all Service programs, offices, Regions, and field stations (i.e., components).
1.3 What terms do you need to know to understand this chapter? You can find an extensive list of definitions of FOIA-related terms in the Department’s FOIA regulations (43 CFR 2).
1.4 What are the authorities for this chapter? A list of the applicable authorities and related policies are available on the Department’s FOIA Guidance website. We are responsible for complying with each requirement and policy listed at that location. The foundational authorities for the Service’s FOIA program are:
A. FOIA (Public Law 89-487), as amended (5 U.S.C. 552).
B. Freedom of Information Act; Records and Testimony (43 CFR 2).
C. 383 DM 15, Freedom of Information Act Policy, Responsibilities, and Procedures.
1.5 Who is responsible for managing the Service’s FOIA program? See Table 1-1.
Table 1-1: Responsibilities for Managing the Service’s FOIA Program
(1) Approving or declining to approve Servicewide FOIA policies; and
(2) Ensuring the Service’s FOIA program complies with the Department’s FOIA regulations, policies, and procedures.
(1) Overseeing and managing the Service’s FOIA program,
(2) Ensuring the Service is meeting FOIA-related performance goals,
(3) Designating the Service FOIA Officer, and
(4) Promoting employee awareness of the Service’s FOIA obligations.
(1) Ensuring that employees within their Regions and programs:
(a) Follow the Department’s policies and procedures,
(b) Respond to FOIA requests expeditiously and thoroughly,
(c) Search for responsive records and provide them to the FOIA Coordinator in a timely fashion, and
(d) Are available to assist the FOIA Coordinator with information on records that they have provided, and
(2) Designating a FOIA point of contact (POC) for their respective Region or program to carry out the responsibilities in section 1.5F.
(1) Ensuring Service employees comply with the FOIA and Departmental FOIA regulations, policies, procedures and directives;
(2) Ensuring FOIA Coordinators and personnel within the Service receive required FOIA training;
(3) Serving as the final decision-making authority for FOIA releases issued by the Service, unless this responsibility is delegated in writing to a FOIA Coordinator with appropriate training;
(4) Reviewing and signing all outgoing letters unless this responsibility is delegated in writing to a FOIA Coordinator with appropriate training ;
(5) Coordinating with Departmental staff and other bureau FOIA Officers to resolve requests that involve or potentially involve multiple bureaus;
(6) Working with the Department to d evelop and implement strategies to reduce our FOIA backlog and ensuring we respond to the 10 oldest FOIA requests each year;
(7) Developing and maintaining a FOIA website, electronic FOIA library, and electronic index of frequently requested records in compliance with FOIA and applicable web publishing and information quality guidelines; and
(8) Ensuring employees with access to the Department-approved electronic FOIA tracking system are aware of the appropriate maintenance, use, and handling requirements, including maintaining the accuracy of entries.
(1) Performing assigned duties in accordance with the Department’s FOIA regulations, policies, procedures, and directives;
(2) Making decisions on FOIA requests that are assigned to them, consulting with the Service FOIA Officer on an as-needed basis for complex requests;
(3) Ensuring employees conduct reasonable searches in response to FOIA requests;
(4) Reviewing responsive records found in accordance with the FOIA and Departmental policy;
(5) Consulting with the Service FOIA Officer before sending consultations or referrals to another office, bureau, or agency;
(6) Ensuring copies of records sent to the requester or made available for inspection are legible;
(7) Keeping track of information that has been released or withheld as a reference for future requests and to respond to any potential appeal(s) or litigation; and
(8) Maintaining and annotating the official file in accordance with Departmental guidelines to show:
(a) Which offices and individuals conducted a search in response to the request,
(b) What was searched, and
(c) When and how the search was conducted.
(1) Identifying and assigning a FOIA request received from a FOIA Coordinator to the appropriate office(s) or employee(s) within their Region or program, and
(2) Responding to requests from FOIA Coordinators for assistance with interpreting the scope of a FOIA request.
(1) Complying with FOIA; the Department's FOIA regulations, policies, procedures, and directives; and this policy;
(2) Serving as a subject matter expert for applicable FOIA requests, as assigned by their FOIA POC;
(3) R esponding promptly and accurately to FOIA-related requests;
(4) Documenting time spent searching for responsive records, systems searched, and other information as required by the FOIA Coordinator;
(5) Assisting FOIA Coordinators with information on records provided, as needed, on a timely basis; and
(6) Providing information to the FOIA Coordinator regarding:
(a) Which individuals within their office conducted a search in response to the request; and
(b) Where, w hen, and how the search was conducted, including search terms used.
1.6 Where can employees find more information about the Service’s FOIA policy and procedures?
A. You can contact the Service FOIA Officer or other employees within the Service’s FOIA program for additional details about these procedures.
B. The policies and procedures for managing our FOIA program align with the Department’s FOIA policy. In addition to 383 DM 15, the Department’s FOIA Handbook , and 43 CFR 2 , the Department’s FOIA website provides information on making and tracking a FOIA request, the required language for responses, the fee schedule, other fee-related policies, and more.