6270
Page 1 of 12
FOREST SERVICE MANUAL
NATIONAL HEADQUARTERS (WO)
WASHINGTON, DC
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
Amendment No.: 6200-2012-3
Effective Date: July 27, 2012
Duration: This amendment is effective until superseded or removed.
Approved: LARENDA C. KING
Assistant Director, D&R
Date Approved: 07/26/2012
Posting Instructions: Amendments are numbered consecutively by title and calendar year.
Post by document; remove the entire document and replace it with this amendment. Retain this
transmittal as the first page(s) of this document. The last amendment to this title was
6200-2012-2 to FSM 6270.
New Document
6270
12 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
6270
(Amendment 6200-2012-2, 05/24/2012)
13 Pages
Digest: This technical amendment revises the following:
6270.42a - Adds signature authority and responsibility for Regional Special Agents in Charge.
6270.42c - Adds signature authority and responsibility for Regional Special Agent in Charge
Coordinators.
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 2 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
Table of Contents
6270.1 - Authority....................................................................................................................... 3
6270.2 - Objective....................................................................................................................... 3
6270.3 - Policy ............................................................................................................................ 4
6270.4 - Responsibility ............................................................................................................... 4
6270.41 - Washington Office .................................................................................................. 4
6270.41a - Chief/Associate Chief ........................................................................................... 4
6270.41b - Deputy Chiefs and Chief Financial Officer .......................................................... 4
6270.41c - Deputy Chief for Business Operations ................................................................. 5
6270.41d - Washington Office and National Staff Directors ................................................. 5
6270.41e - National FOIA/PA Officer .................................................................................... 5
6270.41f - Washington Office FOIA/PA Analysts (Including Albuquerque Service Center) 6
6270.42 - Field Offices ........................................................................................................... 7
6270.42a - Regional Foresters, Regional Special Agents In Charge, Station Directors, Area
Director, Forest Products Laboratory (FPL) Director, and International Institute of
Tropical Forestry Director (IITF) ............................................................................... 7
6270.42b - Regional Office, Director of Lands (Appraisals Only) ........................................ 7
6270.42c - Region, Regional Special Agent in Charge, Station, Area, Forest Products
Laboratory (FPL), and International Institute of Tropical Forestry (IITF), FOIA/PA
Coordinators ................................................................................................................ 7
6270.42d - Forest Supervisors ................................................................................................ 8
6270.42e - Forest FOIA/PA Coordinators .............................................................................. 9
6270.5 - Definitions .................................................................................................................... 9
6271 - FREEDOM OF INFORMATION ACT ................................................................. 10
6271.1 - Availability of Records............................................................................................... 10
6271.2 - Appeal......................................................................................................................... 10
6271.3 - Litigation Hold/FOIA Lawsuits ................................................................................. 10
6272 - PRIVACY ACT OF 1974 .................................................................................... 10
6272.01 - Authority ............................................................................................................... 10
6272.1 - Access to Records....................................................................................................... 10
6272.2 - Requests for Access to or Amendment of Records .................................................... 10
6272.3 - Response Times .......................................................................................................... 10
6272.4 - Signing Authority ....................................................................................................... 11
6272.5 - Appeal of Denied Access or Amendment .................................................................. 11
6272.51 - Decision on Access or Amendment Appeal ......................................................... 11
6272.52 - Response Times .................................................................................................... 11
6272.53 - Signing Authority ................................................................................................. 11
6272.54 - Granting Appeal.................................................................................................... 11
6272.55 - Denying Appeal .................................................................................................... 11
6272.56 - Statement of Disagreement ................................................................................... 12
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 3 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
6270.1 - Authority
1. The Freedom of Information Act (FOIA) of 1966 as amended (5 U.S.C. 552). Directs
agencies to make records available to the public, upon written request; establishes
exemptions to the Act describing circumstances in which records may be withheld;
provides an appeal process when access to records is denied; and requires that agencies
inform appellants of the provisions for judicial review if an appeal is denied.
a. Title 7, Code of Federal Regulations (CFR), Subtitle A, Part 1, Subpart A.
Establishes U.S. Department of Agriculture (USDA) policy, procedures,
requirements, and responsibilities for administration and coordination of the FOIA; it
also establishes that agencies may not deny a FOIA appeal without USDA. Office of
General Counsel (OGC) concurrence. In addition, Part 1, Subpart K establishes that
subpoena duces tecum, for USDA records in judicial or administrative proceedings in
which the United States is not a party, shall be processed as FOIA requests. In
addition, Part 2, Subpart D, Section 2.31 establishes that USDA, OGC will certify
documents as true copies of those on file in the Agency.
b. Title 36, CFR, part 200, Subpart B, sections 200.6 to 200.8. Sets forth and
describes the location of and USDA rules governing access to Forest Service records.
They also describe the appeals process when requests for records are denied.
2. The Privacy Act of 1974 (PA) (5 U.S.C. 552a). Directs agencies to safeguard the
privacy of individuals by only disclosing records to others for certain purposes or with an
individual's written consent; provides individuals with access to and the means to amend
their records; establishes exemptions by which access or amendment may be denied; and
provides an appeal process when requests for access or amendment are denied. Also,
requires that agencies inform appellants of their right to file a concise statement and the
provisions thereof, and to inform them of their right to seek judicial review.
a. Title 7, CFR, Subtitle A, Part 1, Subpart G. Establishes USDA policy, procedures,
requirements, and responsibilities for administration and coordination of the PA.
b. Title 5, CFR, Subchapter B, Parts 293 and 297. Provides OPM policy regarding
personnel records.
6270.2 - Objective
Make requested records, in agency possession and under agency control, legally available to
requesters in an efficient and timely manner. This includes records held by government
contractors for purposes of records management.
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 4 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
6270.3 - Policy
1. Provide only records that are responsive to the request exactly as it was written or as
specifically amended by the requester during subsequent clarification.
2. Contact requesters to clarify requests when necessary; document clarification in
writing.
3. Refer responsive records originating with another Federal agency to that agency for a
release determination or consult (obtain permission) from the other Federal agency prior
to a release.
4. Apply exemptions, exceptions, and exclusions as appropriate.
5. Meet the timelines for responses.
6. Charge FOIA processing fees as directed in Title 7 CFR Subtitle A, Part 1, Subpart A.
7. Ensure review and concurrence by USDA, Office of General Counsel for:
a. Initial or appeal responses which include records which are part of an ongoing
claim or litigation, or when litigation is likely (USDA Departmental Regulation 2510001, Section 7c).
b. Appeal responses which contain a no records determination or where records are
recommended to be withheld in part or in entirety (Title 7 CFR Subtitle A, Part 1,
Subpart A, Section 1.14).
6270.4 - Responsibility
6270.41 - Washington Office
6270.41a - Chief/Associate Chief
The Chief/Associate Chief or their acting are authorized to sign final Freedom of Information
Act/ Privacy Act (FOIA/PA) appeal decisions related to requested records maintained by
International Programs, Office of Communications, Legislative Affairs, and Law Enforcement
and Investigations.
6270.41b - Deputy Chiefs and Chief Financial Officer
Deputy Chiefs and the Chief Financial Officer or their acting is authorized to sign final FOIA/PA
appeal decisions for programs within their area.
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 5 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
6270.41c - Deputy Chief for Business Operations
In addition to the responsibility delegation in section 6270.41b, the Deputy Chief for Business
Operations shall:
1. Administer the FOIA/PA programs.
2. Designate a National FOIA/PA Officer.
6270.41d - Washington Office and National Staff Directors
Washington Office or National Staff Directors, including detached units such as Human
Resource Management, Job Corps, and Budget and Finance, or their acting, are authorized to
sign FOIA/PA initial request responses when:
1. Records are released in entirety;
2. Records are withheld in part or in entirety;
3. No responsive records are located for all or a portion of a request;
4. Expedited processing is granted or denied;
5. Fee waiver is granted or denied; or
6. Response time extension is granted for unusual or exceptional circumstances.
Additionally, it is the responsibility of the Washington Office staff/National Directors to:
1. Ensure timely, adequate, and reasonable searches for responsive records.
2. Concur on appeal determinations for their program area.
3. Review existing program Privacy Act System of Records Notices (SORNs) every
2 years for currency and work with the FOIA/PA Officer to revise or amend as needed.
6270.41e - National FOIA/PA Officer
The National FOIA/PA Officer or their acting is authorized to sign routine correspondence of a
technical, procedural, or informational nature in connection with the FOIA/PA programs.
Examples include: requests for clarification and procedural case closure letters such as an
untimely receipt of an appeal or dismissal of an appeal due to receipt of a response.
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 6 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
It is the responsibility of the National FOIA/PA Officer to:
1. Advise field FOIA/PA employees and Washington Office program staff personnel and
management in the proper administration of the FOIA/PA.
2. Ensure incoming requests, appeals, and lawsuits are appropriately assigned, analyzed,
tracked, coordinated, and responded to in a timely manner nationwide.
3. Serve as the primary Forest Service FOIA/PA liaison with the USDA, Office of the
General Counsel (OGC), General Law Division (GLD) and Natural Resource Division
(NRD), and with the USDA FOIA office.
4. Ensure the timely preparation and submission of the Annual FOIA Report and the
Chief FOIA Officer Report to the U.S. Department of Agriculture.
5. Review responsive records and concur on all Washington Office staff FOIA/PA
responses, including detached staffs, prior to the Director or acting’s signature.
6. Ensure the creation and maintenance of official Washington Office FOIA/PA
request/appeal/lawsuit files.
7. Assist Washington Office Directors in establishing and amending PA systems of
records notices (SORNs) to comply with the PA.
8. Ensure the creation and maintenance of official PA SORN files.
6270.41f - Washington Office FOIA/PA Analysts (Including Albuquerque Service
Center)
Washington Office and Albuquerque Service Center FOIA/PA Analysts are authorized to send
routine communications of a technical, procedural, or informational nature in connection with
the FOIA/PA programs. Examples include: acknowledging receipt, request for clarification,
interim or status report, and referral or reroute of a request or appeal.
Additionally, Analysts are responsible for:
1. Promptly entering incoming requests, appeals, and lawsuits into the national tracking
system upon receipt;
2. Advising program staff personnel in the proper administration of the Acts; and
3. Timely review or responsive records.
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 7 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
6270.42 - Field Offices
6270.42a - Regional Foresters, Regional Special Agents In Charge, Station
Directors, Area Director, Forest Products Laboratory (FPL) Director, and
International Institute of Tropical Forestry Director (IITF)
Regional Foresters, Regional Special Agents in Charge, Station Directors, Area Director, FPL
Director, and the IITF Director, or their acting, are authorized to sign FOIA/PA responses when:
1. Records are released in entirety;
2. Records are withheld in part or in entirety;
3. No responsive records are located for all or a portion of a request;
4. Expedited processing is granted or denied;
5. Fee waiver is granted or denied; or
6. Response time extension is granted for unusual or exceptional circumstances.
They shall also assign an individual(s) to administer the FOIA/PA programs.
6270.42b - Regional Office, Director of Lands (Appraisals Only)
The Regional Office, Director of Lands, or equivalent official, is responsible for approving the
release of appraisal reports or appraisal information for field units in response to written requests
under FOIA (FSM 5412, Requests for appraisal or appraisal information under Freedom of
Information Act).
6270.42c - Region, Regional Special Agent in Charge, Station, Area, Forest
Products Laboratory (FPL), and International Institute of Tropical Forestry (IITF),
FOIA/PA Coordinators
The region, Regional Special Agent in Charge, station, Area, FPL, and IITF, FOIA/PA
Coordinators or their acting are authorized to sign or send routine communications of a technical,
procedural, or informational nature in connection with the FOIA/PA programs. Examples
include acknowledging receipt of a request, request for clarification, interim or status report, and
referral or rerouting of a request.
It is the responsibility of region/station/Area/FPL/IITF FOIA/PA Coordinators to:
1. Promptly enter incoming requests into the national tracking system upon receipt.
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 8 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
2. Ensure requests are appropriately assigned, coordinated, and analyzed in a timely
manner.
3. Coordinate with appropriate regional office program staff and administrative unit
personnel, review, and concur on all responses to FOIA/PA requests prior to Station
Director or Regional Forester’s signature.
4. Advise administrative unit and program staff personnel in the proper administration of
the Acts.
5. Serve as the liaison with the local OGC on FOIA/PA requests. Coordinate with the
Washington Office FOIA/PA Officer on cases serviced by the Washington Office, OGC,
and may serve as liaison directly with Washington Office, OGC when directed by the
Washington Office FOIA/PA Officer.
6. Ensure creation and maintenance of official FOIA/PA files.
7. Upon notification of receipt of a FOIA/PA appeal, promptly provide the assigned
Washington Office FOIA/PA Analyst with a copy of:
a. The initial request,
b. Regional response(s),
c. Background information,
d. All withheld records, and
e. A second search certification, if needed.
6270.42d - Forest Supervisors
Forest Supervisors, or their designated acting, are authorized to sign responses to initial requests
or portions of initial requests, when records are released in entirety. This authority shall not be
redelegated to District Rangers. The Forest Supervisor shall assign a Forest FOIA/PA
Coordinator to administer the FOIA/PA programs for the forest; except where management
decides to have only one Coordinator for more than one forest.
It is the responsibility of the forest supervisor to:
1. Ensure timely and reasonable searches for responsive records;
2. Grant requests for expedited processing within 10 days of receipt, or refer a denial of
expedited processing to the Regional FOIA/PA Coordinator;
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 9 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
3. Grant a request for a fee waiver prior to any records delivery, or refer a fee waiver
denial to the Regional FOIA/PA Coordinator;
4. Extend the response time by 10 days for unusual or exceptional circumstances
(FSM 6270.5, Definitions).
5. Ensure timely responses to initial requests, or portions of initial requests, for records
that are released in entirety;
6. Promptly refer, to the Regional FOIA/PA Coordinator for Regional Forester decision,
findings of “no records” and records which the forest FOIA/PA Coordinator recommends
be withheld in part or in entirety.
6270.42e - Forest FOIA/PA Coordinators
The forest FOIA/PA Coordinators are authorized to send routine communications of a technical,
procedural, or informational nature in connection with the FOIA/PA programs. Examples
include acknowledging receipt of a request, request for clarification, interim or status report, and
referral or rerouting of a request.
It is the responsibility of the forest FOIA/PA Coordinators to:
1. Ensure that incoming requests are:
a. Promptly entered into the national tracking system upon receipt;
b. Appropriately assigned to program staff for search;
c. Reviewed for any applicable exemptions prior to records release;
d. Responded to in a timely manner;
e. Promptly closed in the national tracking system; and
f. Filed and maintained in official FOIA/PA files.
2. Assist forest employees in ensuring that the Acts are administered properly.
3. Concur on all forest responses and on all records referrals to the regional office.
6270.5 - Definitions
See FSH 6209.13, section 05.
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 10 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
6271 - FREEDOM OF INFORMATION ACT
6271.1 - Availability of Records
The FOIA provides that agency records must be made available to the public unless they fall
within one or more of the nine enumerated exemptions (5 U.S.C. 552(b)). See FSH 6209.13.
6271.2 - Appeal
A requester whose request for records is denied in part, in entirety, or for which no records are
found, may appeal in writing to the Chief. The appeal must be received within 45 days from the
date on the response letter.
6271.3 - Litigation Hold/FOIA Lawsuits
When litigation is anticipated involving records requested under the FOIA, the Washington
Office FOIA/PA Analyst will coordinate with the Washington Office Litigation Hold office
(file code 6230 Legal Hold) and the USDA, Office of General Counsel (file code 6270 FOIA
appeals/lawsuits).
6272 - PRIVACY ACT OF 1974
6272.01 - Authority
See FSM 6270.1.
6272.1 - Access to Records
The Privacy Act (PA) provides individuals access to records about themselves when the records
containing this information are located within a system of records, unless the records fall under
the general or specific exemptions.
6272.2 - Requests for Access to or Amendment of Records
Individuals may request access to, or amendment of, their records which are contained in a PA
System of Records (SOR).
6272.3 - Response Times
The Forest Service should review and respond to a PA request within 30 working days after the
date of receipt.
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 11 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
6272.4 - Signing Authority
The Washington Office Staff Director, the PA Records System Manager, or the Line Officer
(except District Rangers) having custody of the records may sign the initial PA response.
6272.5 - Appeal of Denied Access or Amendment
An individual denied access to or amendment of all or part of a PA record may appeal the denial
to the Chief.
6272.51 - Decision on Access or Amendment Appeal
6272.52 - Response Times
The Forest Service should review and respond to a PA appeal within 30 working days after the
date of receipt.
6272.53 - Signing Authority
The Chief/Associate Chief, Chief Financial Officer, or a Deputy Chief or their acting may sign
the response to a PA appeal.
6272.54 - Granting Appeal
If an appeal for access to information is granted in full or in part, the Washington Office Staff
Director, the responsible Records System Manager, or the Line Officer having custody of the
records shall make the records available to the requester promptly or inform the requester when
the records will be available. If an appeal is granted only in part, treat that part not granted as a
denial and notify the requester of their rights following procedures in section 6272.55.
If an appeal for amendment, is granted in full or in part, the responsible Officer or Records
System Manager shall amend the challenged record and advise in writing, all previous recipients
of the record about the amendment. The written response to the requester must state the basis for
the decision.
Coordination with the USDA, Office of General Counsel is not required when an appeal is
granted in full.
6272.55 - Denying Appeal
If the decision is to deny an appeal in full or part, the Washington Office, PA Officer shall
coordinate the decision with the General Law Division (GLD) of OGC. For appeals denied in
full or part, notify the appellant of their rights under 5 U.S.C. 552a(g) to seek judicial review of
the denial in Federal District Court (7 CFR, Subtitle A, Subpart G, Section 1.114(e)).
WO AMENDMENT 6200-2012-3
EFFECTIVE DATE: 07/27/2012
DURATION: This amendment is effective until superseded or removed.
6270
Page 12 of 12
FSM 6200 - OFFICE MANAGEMENT
CHAPTER 6270 - AVAILABILITY OF RECORDS
The Chief may not deny an appeal without the review and concurrence of OGC.
6272.56 - Statement of Disagreement
If the individual's petition for amendment is denied, the individual may prepare a concise written
statement of the reasons for disagreeing with the decision and file the statement with the
responsible Records System Manager.
The individual's statement of disagreement must be included whenever the related record is
disclosed subsequently. A concise statement of the reasons for the denial also may be provided
to the requester.