Freedom of Information Act (FOIA) Requests for Records Relating to Fire Incidents

Purpose:  The purpose of this Instruction Memorandum (IM) is to ensure that fire incident records are maintained at the highest standard of integrity and trustworthiness, while following the requirements for availability of these records for the public in relation to FOIA regulations.

Policy/Action:  Fire incident records are not open to the public because they may contain information protected under one or more of the exemptions defined in the FOIA (5 U.S.C. § 552(b)).  A FOIA request must be submitted in order to obtain copies of any fire incident records unless they are already posted to the BLM Internet.  All requests for fire incident records must be sent through the local and/or State FOIA Coordinator for processing, as there is a high probability that the records contain privacy and other sensitive data.

In rare instances, fire investigation/incident records may be provided to an individual/entity based on a “need to know.”  In these cases, the Idaho State Fire Trespass Coordinator will work closely with the Solicitor’s Office to make that determination.  More detailed or complex information requests would typically be processed as a FOIA.

Employees must be aware that, until a fire investigation and/or if applicable, a fire trespass investigation is complete; no records related to that particular incident will be released, even when a FOIA request is submitted.  It may be helpful to explain to callers (or visitors) why they should wait until the investigation is complete to submit their request.

File custodians must ensure that fire incident records and the information contained therein are safeguarded throughout the life cycle management process.  These records must be locked in cabinets or other secure areas labeled with a BLM Form S-137, “Warning – Access to these Records is Limited to Authorized Personnel.”  The labels can be obtained from the local or State Records Manager.

Timeframe:  This policy continues to be in effect and supersedes IM No. ID-2014-009.

Background:  BLM-Idaho receives numerous FOIA requests for fire records each year.  Most firefighting incidents generate records that contain sensitive information.  Under the FOIA, it is important to remember that “release to one is release to all.”  Once a record is in the public domain, it cannot be protected under the FOIA.

Manual/Handbook Sections Affected:  This IM serves as interim guidance to Idaho BLM Manual Supplement 1278, External Access to BLM Information, until it is updated.

Coordination:  This IM was coordinated through the Boise Field Solicitor’s Office, the State Management Analyst, the State Records Administrator, and the State Fire Management Officer.

Contact:  For additional information, please contact Valerie Shaw, State FOIA Coordinator, at
(208) 373-3947 or Karen Jackson, State FOIA Specialist, at (208) 373-3931.

Boise District with Union:  Management is reminded to notify and satisfy any bargaining requirements prior to implementation.