Additional Information

Describing Documents You are Requesting | Fee Category, Fees, Payments | Fee Waivers | 
Electronic Format Options | Rush Order/Expedited Processing Option | Sample Request Letter

  Describing Documents You are Requesting - 43 CFR Part 2 §2.8

Describe the requested records in enough detail to enable subject matter experts to locate the records easily, as well as any other data that will assist in locating the material.

• Identify the date, title or name, author, recipient, subject of the record, and the office that created it.
• Identify (and send your request to) which Idaho office you believe has the records you are requesting — the Idaho State Office or one of the Idaho District or Field Offices.
• The time frame of the records sought (for example January 1, 2006 through February 15, 2007; for the year of 2005; for the fire that occurred on or about June 1, 2006, etc.).
• If the request involves a matter in litigation, state the case name, docket number and the court in which the case was filed.

  Fee Category, Fees, Payments - 43 CFR Part 2 §2.15, 2.16, 2.17, 2.18

If you submit a FOIA request on behalf of another person or organization (for example, an attorney submitting a request on behalf of a private citizen or company), it is the underlying requester's identity and intended use that determines the fee category.  Commercial use is a use that "furthers the commercial, trade or profit interests of the requester or person on whose behalf the request is made."

• There are no charges if processing costs are $30 or less.
• If applicable, a bill and payment instructions are sent with the final response.
• Advance payment is required when estimated fees exceed $250 or if you did not pay a previous FOIA fee promptly.  The processing office will notify you if advance payment is required - submission of advance payments with requests is not required.

 Fee Waivers - 43 CFR Part 2 §2.19

 Provide sufficient justification to support your fee waiver request - the burden is on you to demonstrate that you are entitled to a waiver.  Each fee waiver is judged on its own merit; obtaining a fee waiver once does not mean you will automatically receive subsequent fee waivers.  Provide detailed information in response to the items below:

1. How do the records concern the operations or activities of the BLM?
2. If the records concern the operations or activities of the BLM, how will disclosure likely contribute to public understanding of these operations and activities?
3. How are the contents of the records you are seeking meaningfully informative on the Department's or BLM's operations and activities?
4. Is there a logical connection between the content of the records and the operations or activities you are interested in?
5. Other than enhancing your knowledge, how will disclosure of the requested records contribute to the understanding of the public at large or a reasonable broad audience of persons interested in the subject?
6. What are your qualifications/expertise, or qualifications/expertise of any staff, in the subject area(s)?
7. Do you have the ability and intention to disseminate the information to the general public or a reasonably broad audience of persons interested in the subject?
8. How and to whom do you intend to disseminate the information?
9. How do you plan to sue the information to contribute to public understanding of the BLM's operations and activities?
10. What is the specific information that you would be disseminating?
11. If there is likely to be a contribution to public understanding, will release of the requested records contribute significantly to public understanding?
12. Is the information being disclosed new?
13. How will disclosure increase the level of public understanding of the operations or activities of the Department or BLM that existed prior to disclosure?
14. Would disclosure be primarily in your commercial interest?  Do you have a commercial interest that would be furthered by disclosure?

  Electronic Format Option - 43 CFR Part 2 §2.9

Generally, you may choose the form or format of disclosure for records that you request and we must provide the record in the requested form/format if the record can be reproduced or reformatted with reasonable effort.  However, if the process of providing the information in the requested format would damage or destroy an original document, or it can not be reproduced easily, it may not be possible to honor your format request.  If the record requested is not already maintained in the requested format, you may be charged the direct costs involved for conversion of the record.

  Rush Order/Expedited Processing Option - 43 CFR Part 2 §2.14

 Your request must contain the necessary information (fee category, willingness to pay, etc., (43 CFR §2.8 and 2.10).  Explain 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 number 2 below, 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 sold occupation. 

When requested, expedited processing will be provided if you demonstrate satisfactorily that the request involves:

1. Circumstances in which the lack of expedited treatment could reasonable be expected to pose an imminent threat to the life or physical safety of an individual;
2. An urgency to inform the public about an actual or alleged Federal Government activity if they 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 hs particular value that will be lost if not disseminated quickly, and ordinarily refers to a breaking news story of general public interest.  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; or
3. The loss of substantial due process rights.