Freedom of Information Act (FOIA) Request Process for Pacific Islands - West

408.43 Processing Requests

(a) All FOIA requests must be in writing. If an oral request is received, advise the requester to make the request in writing either by mail, fax, or electronic mail. For requests for records in the State, provide the name and State office address of the State Conservationist or the State FOIA/PA Officer. For requests for records which are national in scope, have the requester send the written request to FOIA Officer, USDA-Natural Resources Conservation Service, Management Services Division, P.O. Box 2890, Washington, D.C. 20013.

(b) Each State has an appointed FOIA/PA Officer. All FOIA and PA requests for records in the State must be referred to that person for processing. Field and area offices are not to respond to FOIA requests unless the FOIA/PA Officer for that State specifically instructs local offices to release records after the FOIA/PA office has reviewed the written request. If requests are received in field and area offices, they are to be forwarded the same working day they are received to the FOIA/PA Officer in the State office. This is particularly important since the law requires that requests be answered in 20 working days.

(c) Do not ask the requester why he or she wants the information. Encourage the requester to be as specific as possible in describing the records. Do not indicate whether or not the records will be released or whether fees will be charged. Refer these questions to the State FOIA/PA Officer.

(d) NRCS, consultants, or contractors of NRCS should not provide any non-public information that: reflects on the owner’s, operator’s, or producer’s personal, commercial, and financial matters; causes substantial harm to the competitive position of the owner, operator, or producer; or impairs the Government’s ability to obtain necessary information in the future. As a general matter, requests for personal information contained in files referenced by a personal identifier are exempt from release under exemptions (b)(3) and/or (b)(6) of the FOIA, and therefore should be denied under the PA. The FOIA Officer should be contacted if questions arise whether to release information covered by the FOIA and PA pursuant to one of the exemptions under the Acts.