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Welcome to the U.S. Department of the Interior, Office of Inspector General (OIG) Freedom of Information Act and Privacy Act page. This page provides basic guidance about the Freedom of Information Act (FOIA) 5 U.S.C. 552, and the Privacy Act (PA) of 1974 5 U.S.C.552a, to assist members of the public in exercising their rights to obtain agency records created by the DOI OIG.

You may visit our Electronic Reading Room or refer to the DOI FOIA Annual Report for information routinely available to the public.

Freedom of Information Act Requests

The FOIA request must be in writing. No telephone requests will be accepted. If you do not know the exact title of the document you are seeking, please provide a reasonable description of the document. The more information that you can provide, such as its author or date, the more expeditiously your request will be processed. When submitting your request, please refer to the guidance below, which follows the requirements set forth in 43 CFR Part 2.

2.8 What information do I include in my request?

The words “FOIA Request” must be prominently displayed on the request letter or in the subject line of an email request.

Description of Records
You must describe the requested records in enough detail to enable an employee familiar with the subject area of the request to locate the record(s) with a reasonable amount of effort. Please identify the:

  • Date, title or name, author, recipient, and the subject of the record;
  • The office that created it;
  • Present custodian of the record;
  • Geographical location;
  • Timeframe for which you are seeking records; and
  • Any other information that will assist the OIG in locating the material.

Fee Information
Unless you request a fee waiver (see below), you must state that you are willing to pay all fees associated with processing your request or that you are willing to pay up to a specified amount. The OIG will not begin processing your request until this written assurance has been received. If we anticipate that the fees for processing your request exceed the amount you have indicated you are willing to pay, we will notify you that we need your written assurance of payment of fees as high as are anticipated, or an advance payment (see 43 C.F.R. §§2.18(b) and (c)). If the OIG does not hear from you within 20 workdays, we will assume that you are no longer interested in this matter and will close the file on your request.

Fee Waivers: You must provide sufficient justification to support your fee waiver request (see the criteria in 43 C.F.R. §2.19). Failure to provide adequate justification will result in a denial of your fee waiver request.

The OIG will not begin processing your request until the fee issues are resolved. As an option, at the same time you request a fee waiver you may state your willingness to pay regardless of whether a fee waiver is granted. This will permit us to process your request for records at the same time we are considering the fee waiver request. If you are required to pay a fee, and it is later determined on appeal that you are entitled to a full or partial fee waiver, an appropriate refund will be made.

You should indicate what fee category you are in, i.e., if you are a commercial-use requester, news media, educational institution/noncommercial scientific institution, or other requester (see 43 C.F.R. §§2.3 and 2.17(a)). If you submit a FOIA request on behalf of another person or organization (for example, if you are an attorney submitting a request on behalf of a client), it is the underlying requester's identity and intended use that determines the fee category. If your fee category is unclear to the OIG, the 20-workday statutory time limit for processing your request will not begin to run (see §2.12(b)) until this matter has been resolved. If the OIG requests additional clarification and we do not hear from you within 20 workdays, we will assume that you are no longer interested in this matter and will close the file on your request.

Mailing Address
Your postal address is required for the OIG to mail any responsive documents to you.

Contact Information
In case the OIG needs to communicate with you about your request, please provide the following information:
• Telephone number where you can be reached during normal business hours.
• Email address.
• Fax number (if available).

Additional Information
When making a request for personal records about another individual, a written authorization from that individual and any other information required by the Privacy Act system of records notice; or proof that the individual is deceased (for example, a copy of a death certificate or an obituary) as the Privacy Act does not apply to a deceased individual. (Note: Information about a deceased individual may be subject to protection under exemption (6) of the FOIA if the release of the information could result in an invasion of the privacy of a living individual.)

2.9 May I specify the form or format of disclosure?

You may choose the form or format of disclosure for records that you request under the FOIA (5 U.S.C. 552(a)(3)(B)). The OIG must provide the record in the requested form/format if we can readily reproduce the record in that form/format with reasonable efforts. However, if the process of providing the information in the requested format would damage or destroy an original document, it may not be possible to honor your format request. The OIG must make reasonable efforts to maintain our records in forms or formats that are reproducible. You may be charged the direct costs involved in converting information to the requested format if we normally do not maintain the information in that format.

2.10 Where do I send my request?

U.S. Department of the Interior
Office of Inspector General
FOIA Officer
1849 C Street, NW
MS-4428
Washington, DC 20240
Phone: (703) 487-5436
Fax: (202) 219-1944 (Attn: FOIA Officer)
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

2.12 When can I expect a response?

(a) Basic time limit. Ordinarily, a bureau has 20 workdays from the date of receipt to determine whether to grant or deny your FOIA request (see paragraph (b) of this section). We will notify you immediately upon reaching its decision. If you have not received a response within 20 workdays, or 30 workdays if an extension has been taken (see §2.13) (be sure to allow for mailing time), you may contact the OIG to ask about the delay. You also have the right to consider any nonresponse within these time limits as a denial of records and file a formal appeal (see §2.28(a)(3) below) or lawsuit. These time limits do not apply to requests for expedited processing (see §2.14 below).

(b) Running of basic time limit. The 20 workday time limit begins to run when a request complying with the procedures in §§2.8 and 2.10 is received by the OIG FOIA officer. This means that all issues regarding fees and the scope of your request must be resolved before the OIG will begin processing your request.

(c) Determining the status of your request. To determine the status of your request, you should call, fax, or email the point of contact provided in the OIG’s acknowledgment letter to you, referencing the FOIA control number assigned to your request. You may also contact the appropriate FOIA Requester Service Center. If you are dissatisfied with the FOIA Requester Service Center's response, you may contact the OIG’s FOIA public liaison to resolve the issue.

2.14 When can I get expedited processing?

(a) The OIG will provide expedited processing when you request it if you demonstrate to our satisfaction that there is a compelling need for the records. The following circumstances demonstrate a compelling need:
(1) Where failure to expedite the request could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or
(2) 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 will be 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. Therefore, information of historical interest only, or information sought for litigation or commercial activities, would not qualify, nor would a news media deadline unrelated to breaking news.

(b) 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 §§2.8 and 2.10 above to the OIG FOIA Officer.

(c) 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. For example, a requester within the category of paragraph (a)(2) of this section, if not a full time member of the news media, must establish that he or she is a person whose main professional activity or occupation is information dissemination, though it need not be his/her sole occupation.

(d) Within 10 calendar days of receipt of your request, we will notify you whether or not we will grant expedited processing. If expedited processing is granted, the OIG will give priority to that FOIA request and process the request as soon as practicable. If expedited processing is denied, we 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 §2.32(b) below). If the OIG has not responded to your request for expedited processing within 10 calendar days, you have a right to file an appeal for nonresponse (see §2.28(a)(7) below).

2.28 When may I file an appeal?

(1) Records or parts of records have been withheld;

(2) The OIG informs you that you have not adequately described the records you are seeking, or that we do not possess responsive records and you have reason to believe we do or you question the adequacy of our search for responsive records;

(3) A decision has not been made on your request within the time limits provided in §2.12 above;

(4) The OIG did not address all aspects of your request for records;

(5) You believe there is a procedural deficiency (e.g., fees are improperly calculated);

(6) A fee waiver has been denied; or

(7) A request for expedited processing has been denied or not responded to on time. (Special procedures apply to this type of appeal (see §§2.14 above and 2.29(c), and 2.32(b) below). An appeal of this type relates only to the request for expedited processing and does not constitute an appeal of your underlying request for records.

Before filing an appeal, you may wish to communicate with the contact person listed in the FOIA response or the OIG FOIA Officer to see if the issue can be resolved informally. Informal resolution of your concerns may be appropriate where the OIG has not responded to your request or where you believe the search conducted was not adequate. In this latter instance, you may be able to provide additional information that may assist us in locating records. However, if you wish to file an appeal, it must be received by the FOIA Appeals Officer within the time limits in §2.29 below.

2.29 How long do I have to file an appeal?

(a) Appeals covered by 2.28(a)(1), (2), and (4) thru (6). Your appeal must be received by the FOIA Appeals Officer no later than 30 workdays after the date of the final response or 30 work days after receipt of any records that are provided to you. (b) Appeals covered by 2.28(a)(3). You may file an appeal any time after the time limit for responding to your request has passed. (c) Appeals covered by 2.28(a)(7). You should file an appeal as soon as possible.

2.30 How do I file an appeal?

(a) You must submit your appeal in writing, i.e., by mail, fax or e-mail, to the FOIA Appeals Officer, U.S. Department of the Interior (see below for the address). Your appeal must include the information specified in paragraph (b) of this section. Failure to send your appeal directly to the FOIA Appeals Officer may result in a delay in processing.
(b) Your appeal must contain copies of all correspondence between you and the OIG, including your request and the OIG’s response (if there is one). The Department of the Interior (DOI) will not begin processing your appeal, and the time limits for responding to your appeal will not begin to run, until these documents are received.
(c) You also should include in as much detail as possible regarding any reason(s) why you believe the OIG’s response was in error.
(d) Include your name and daytime telephone number (or the name and telephone number of an appropriate contact), e-mail address and fax number (if available), in case DOI needs additional information or clarification of your appeal.
(e) If you file an appeal concerning a fee waiver denial or a denial of expedited processing, you should, in addition to complying with paragraph (b) of this section, demonstrate fully how the criteria in §2.19(b) or §2.14(a), above, are met. You also should state in as much detail as possible why you believe the initial decision was incorrect.
(f) All communications concerning your appeal should be clearly marked with the words: Freedom of Information Appeal.

2.31 How will DOI respond to my appeal?

(a) Appeals will be decided by the FOIA Appeals Officer. When necessary, the FOIA Appeals Officer will consult other appropriate offices, including the Office of the Solicitor (in the case of all denials of information and fee waivers, and other technical issues as necessary).

(b) The final decision on an appeal will be in writing and will state the basis for DOI's decision as follows:

(1) Decision to release or withhold records. (i) If the FOIA Appeals Officer decides to release the withheld records or portions thereof, he/she will make the records available or instruct the OIG to make them available as soon as possible.

(ii) If the FOIA Appeals Officer decides to uphold in whole or part the denial of a request for records, he/she will advise you of your right to obtain judicial review.

(2) Non-possession of records. If the FOIA Appeals Officer decides that the requested records exist, the OIG will issue a response to you promptly and the FOIA Appeals Officer will close the file on your appeal. If the FOIA Appeals Officer decides that the requested records cannot be located or do not exist, he/she will advise you of your right to treat the decision as a denial and seek judicial review.

(3) Non-response to a FOIA request. If the OIG has not issued an appropriate response to your FOIA request within the 20-workday statutory time limit, the FOIA Appeals Officer will direct the OIG to issue a response directly to you as soon as possible. If the OIG responds to your request within 20-workdays after receipt of the appeal, the FOIA Appeals Officer will close the file on your appeal. Otherwise, the FOIA Appeals Officer will advise you that you may treat the lack of a response by the OIG as a denial of your appeal and seek judicial review.

(4) Incomplete response to a FOIA request. If the OIG has not issued a complete response to your FOIA request, the FOIA Appeals Officer will direct the OIG to issue a complete response directly to you as soon as possible, and provide you with the name and telephone number of a contact person. The FOIA Appeals Officer will close your FOIA appeal and advise you that you may treat the incomplete response by the OIG as a denial of your appeal and seek judicial review.

(5) Procedural deficiencies. If the FOIA Appeals Officer decides that the OIG was in error, he/she will instruct the OIG to correct the error and advise you accordingly. If the FOIA Appeals Officer decides that the OIG acted properly, he/she will deny your appeal and advise you of your right to seek judicial review.

(6) Fee waiver denials. If the decision is to grant your request for a fee waiver, the FOIA Appeals Officer will advise the OIG of the Department's decision and instruct the OIG to proceed with processing the request or to refund any monies you have paid. If the decision is to deny the fee waiver request, the Department will advise you of your right to seek judicial review. You also should contact the OIG FOIA Officer to make further arrangements to process your request if you still wish to obtain the records.

(7) Denial of expedited processing. If the FOIA Appeals Officer decides to grant expedited processing, he/she will direct the OIG to process your request as soon as practicable. If your request for expedited processing is denied on appeal, the FOIA Appeals Officer will advise you of your right to seek judicial review of the denial of expedited processing.

2.32 How long does DOI have to respond to my appeal?

(a) The statutory time limit for responding to an appeal is 20 workdays after receipt of an appeal meeting the requirements of §2.30.

(b) If you request expedited processing of your appeal, you must demonstrate to the Department's satisfaction that the appeal meets one of the criteria under §2.14(a). The FOIA Appeals Officer will advise you whether the Department will grant expedited processing within 10 calendar days of its receipt of your appeal. If the FOIA Appeals Officer decides to grant expedited processing, he/she will give your appeal priority and process it ahead of other pending appeals.

(c) If you have not received a decision on your appeal within 20 workdays, you have the right to seek review in a District Court of the United States (see 5 U.S.C. 552(a)(4) and (6)). In the event that the Department is unable to reach a decision within the given time limits, the FOIA Appeals Officer will notify you of the reason for the delay and the right to seek judicial review.

Direct Appeals to:

U.S. Department of the Interior
Office of the Solicitor
1849 C Street NW
Mail Stop 6556
Washington, D.C. 20240
Attn: FOIA Appeals Office
Telephone: 202.208.5339
Fax: 202.208.6677

Privacy Act Requests

A request for information under the Privacy Act should be sent to the same address as a FOIA request.

Additional Information

FOIA and Policy Guidance includes the statutory and regulatory citations relevant to the FOIA and DOI policies and procedures. PA and Policy Guidance includes statutory and regulatory citations relevant to PA and DOI policies and procedures.

Information Resources

Guide for Obtaining Information
DOI Home Page
Office of Inspector General Reports
Office of Acquisition and Property Management
The Office of Acquisition and Property Management (PAM) coordinates policy development and promotes business professionalism through program evaluation and guidance, support to capital planning, and through advocacy and support for program and bureau operations in all of its functional areas.
Office of the Chief Information Officer
The Office of the Chief Information Officer (OCIO) provides leadership to the Department and its bureaus in all areas of information management and technology.
Departmental Records Management Program
Provides policies and guidance on the creation, maintenance, use, and disposition of agency records, including e-mail; on what constitutes an agency record and the responsibilities of DOI employees under the Federal Records Act.

2.8 What information do I include in my request?

The words “FOIA REQUEST” must be prominently displayed on the request letter or in the subject line of an email request.

Description of Records

  • You must describe the requested records in enough detail to enable an employee familiar with the subject area of the request to locate the record(s) with a reasonable amount of effort.
  • Identify the
    • date, title or name, author, recipient, and the subject of the record;
    • the office that created it;
    • the present custodian of the record;
    • the geographical location;
    • the timeframe for which you are seeking records;
    • and any other information that will assist the OIG in locating the material.

Fee Information

  • Unless you request a fee waiver (see below), you must state that you are willing to pay all fees associated with processing your request or that you are willing to pay up to a specified amount. The OIG will not begin processing your request until this written assurance has been received. If we anticipate that the fees for processing your request exceed the amount you have indicated you are willing to pay, we will notify you that we need your written assurance of payment of fees as high as are anticipated, or an advance payment (see 43 C.F.R. §§2.18(b) and (c)[CTB1] ). If the OIG does not hear from you within 20 workdays, we will assume that you are no longer interested in this matter and will close the file on your request.
  • Fee Waiver - You must provide sufficient justification to support your fee waiver request (see the criteria in 43 C.F.R. §2.19[CTB2] ). Failure to provide adequate justification will result in a denial of your fee waiver request.
  • The OIG will not begin processing your request until the fee issues are resolved. As an option, at the same time you request a fee waiver you may state your willingness to pay regardless of whether a fee waiver is granted. This will permit us to process your request for records at the same time we are considering the fee waiver request. If you are required to pay a fee, and it is later determined on appeal that you are entitled to a full or partial fee waiver, an appropriate refund will be made.
  • You should indicate what fee category you are in, i.e., if you are a commercial-use requester, news media, educational institution/noncommercial scientific institution, or other requester (see 43 C.F.R. §§2.3 [CTB3] and 2.17(a)[CTB4] ). If you submit a FOIA request on behalf of another person or organization (for example, if you are an attorney submitting a request on behalf of a client), it is the underlying requester's identity and intended use that determines the fee category. If your fee category is unclear to the OIG, the 20-workday statutory time limit for processing your request will not begin to run (see §2.12(b)[CTB5] ) until this matter has been resolved. If the OIG requests additional clarification and we do not hear from you within 20 workdays, we will assume that you are no longer interested in this matter and will close the file on your request.

Mailing Address – your postal address is required for the OIG to mail any responsive documents to you.

Contact Information – in case the OIG needs to communicate with you about your request.

  • Telephone number where you can be reached during normal business hours
  • Email address
  • Fax number (if available)

Additional Information

When making a request for personal records about another individual, a written authorization from that individual and any other information required by the Privacy Act system of records notice; or proof that the individual is deceased (for example, a copy of a death certificate or an obituary) as the Privacy Act does not apply to a deceased individual. (Note: Information about a deceased individual may be subject to protection under exemption (6) of the FOIA if the release of the information could result in an invasion of the privacy of a living individual.)


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[CTB5]Provide link: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=680d313447224cb3fe72a5a2572dc5a1&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.3.5.6

 

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