OWHO Links & Tutorial

The Freedom of Information Act or FOIA provides the public the right to request access to Bureau of Land Management records. The BLM will disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement, or 3 categorical exclusions (CX).

Those 9 exemptions are:
1. Classified national defense and foreign relations information.
2. Internal agency personnel rules and practices.
3. another federal law.
4. Trade secrets and commercial or financial information obtained from a person that is privileged or confidential.
5. Inter-agency or intra-agency memoranda or letters that are protected by legal privileges.
6. Personnel, medical, financial, and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
7. Certain types of information compiled for law enforcement purposes.
8. Records that are contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions.
9. Geological and geophysical information and data, including maps, concerning wells.

Three Exclusions
CX 1: Subject of a criminal investigation or proceeding is unaware of the existence of records concerning the pending investigation or proceeding and disclosure of such records would interfere with the investigation or proceeding.
CX 2: Informant records maintained by a criminal law enforcement agency and the individual's status as an informant is not known.
CX 3: Existence of FBI foreign intelligence, counterintelligence or international terrorism records are classified fact.

VIEW A SAMPLE BLM FOIA REQUEST THAT OWHO DID TO USE AS A STEP-BY-STEP TUTORIAL HERE
 

Forest Service also must produce public records upon request under the Freedom of Information Act or FOIA, and they also use the same 9 exemptions and categorical exclusions listed under the FOIA -Bureau of Land Management column (left of this column).

Forest Service furthers defines Exemption 7 Certain types of information compiled for law enforcement purposes:

-Could reasonably be expected to interfere with enforcement proceedings;

-Would deprive a person of a right to a fair trial or an impartial adjudication;

-Could reasonably be expected to constitute an unwarranted invasion of personal privacy;

-Could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign agency or authority or any private institution which furnished records on a confidential basis;

-Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or

-Could reasonably be expected to endanger the life or physical safety of any individual.
 

Laws have different names in different states. They are sometimes called “right to know” or “sunshine” laws, but the most common names are Public or Open Records Laws or Acts. States require public agencies to retain records of official government business, regardless of the records’ physical form, and records laws require them to fulfill requests from the public or the press for copies of these records.

Specifics vary. Each state’s law outlines what kind of information is exempt, like personal medical information or juvenile court records. Some states may specify the time an agency has to respond, while others do not. How records may be used is also sometimes defined by state law. But all 50 states have public records laws that allow people to request information from public agencies.