The Federal government is required to make records available to the public. In accordance with the Freedom of Information Act (FOIA) (5 U.S.C. 552 et. seq.) and USDA regulations at 7 CFR, any person can request access to USDA Forest Service (FS) records. The FOIA requires the FS to allow the public to have access unless the information is exempt under the FOIA from mandatory disclosure (e.g., classified national security, business proprietary, personal privacy, investigative). Requests for information must be in writing. A request may only seek records that are in existence at the time that the FOIA request is received, and does not require that new records be created in response to the request. If multiple requesters ask for the same information, the FS is supposed to make the information electronically available at no cost to the public.

However, for individual requests, agencies are authorized by law to recover the direct costs of providing information to a FOIA requester. A requester may be required to pay fees for searching, reviewing, and copying records. Requesters are notified in advance if fees will exceed $25, which in most cases, they are much more expensive. However, nonprofit organizations can request a fee waiver pursuant to 5 U.S.C. 552(a)(4)(A) if they are eligible for a fee waiver under the FOIA.

Another EPIC Victory: Federal Appeals Court Upholds Citizens' Access to Key Forest Planning Information
On December 19, 2005, the Ninth Circuit Court of Appeals issued a unanimous decision overturning a district court's failure to apply the Freedom of Information Act (FOIA) to data the Forest Service collects using GIS, or Geographic Information Systems. The victory should open the floodgates for national forest monitors across the country to regain access to this indispensable planning information. Many thanks to EPIC attorney Brian Gaffney, who racked up another important win for the forest with this case.

The case started when the Shasta-Trinity national forest tried to charge EPIC for access to GIS data showing environmental conditions on the forest. Our co-plaintiffs at the Forest Issues Group had the same problem in the Sierras, while other groups have reported similar problems across the country, with the Forest Service attempting to charge hundreds or even thousands of dollars for GIS data which the agency can provide for the cost of copying a CD.

See decision: http://www.wildcalifornia.org/cgi-files/0/pdfs/1137711759_FOIA_GIS_Opinion.pdf


In order to be eligible for a fee waiver, nonprofit organizations must respond to the following six factors found at 7 CFR, Subtitle A, Part 1, Subpart A, Appendix A, Section 6(a)(1):

i. - "The subject of the request, i.e., whether the subject of the requested records concerns 'the operations or activities of the government' "

ii. - "The informative value of the information to be disclosed i.e., whether the disclosure is 'likely to contribute' to an understanding of government operations or activities"

iii. - "The contribution to an understanding of the subject by the general public likely to result from disclosure, i.e., whether disclosure of the requested information will contribute to 'public understanding' "

iv. - "The significance of the contribution to public understanding, i.e., whether the disclosure is likely to contribute 'significantly' to public understanding of government operations or activities "

v. - "The existence and magnitude of a commercial interest, i.e., whether the requester has a commercial interest that would be furthered by the requested disclosure"

vi. - "The primary interest in the disclosure, i.e., whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is 'primarily in the commercial interest of the requester' "

This web page is designed to satisfy the requirements listed above for EPIC to qualify for a fee waiver.

The following information that has been obtained through FOIA is now available:

Region 5 of the Forest Service (California)
Clarification regarding MIS analysis and documentation in project level NEPA

Shasta-Trinity National Forest
9/27/02 STNF Response to EPIC request for MIS information
Table of MIS Monitoring and Inventory Efforts

Six Rivers National Forest
6/06/02 SRNF Response to EPIC request for MIS information

Klamath National Forest
7/31/02 KNF response to Epic request for MIS information with bibliography

Mendocino National Forest
7/31/02 MNF response to EPIC request for MIS information (description of monitoring efforts)

Other information obtained though the FOIA is also made available to the general public, by appointment, at our library in downtown Garberville, which is open every Monday through Friday, 9:00 a.m. to 5:00 p.m.. The following project files are currently available, by National Forest:

Shasta-Trinity National Forest
Clear Creek Timber Sale
East Fork Timber Sale
Fuels Projects
Management Indicator Species Information
Slate Thin Timber Sale
Timber Sold

Six Rivers National Forest
Big Bar: Fire and Timber Sale Records
Dome Timber Sale
Fire Management Action Plan
Fuels Projects
Journey Fire Salvage
Management Indicator Species Information
Shelly Creek Fire
Soil Information
Timber Sold

Klamath National Forest
Beaver Creek Timber Sale project file: EA, BA/evaluations, soils reports
Five Points Timber Sale
Fuels Projects
Knob Timber Sale
Management Indicator Species Information
Timber Sold

Mendocino National Forest
Divide Auger Timber Sale
Fuels Projects
Ivory Timber Sale
Management Indicator Species Information
Timber Sold

Over the last 25 years, EPIC has consistently demonstrated an ability to disseminate information to the general public. The information we have provided demonstrates that EPIC clearly has the ability to analyze and disseminate the information we receive through FOIA to the public at large and to contribute to the public's understanding of National Forest issues through a variety of forums, including EPIC's website, newsletters, radio programs, publications, press releases, comments, public workshops, etc.. Through our outreach and education efforts and dissemination of information in numerous public media, EPIC clearly serves the interests of the public at large and helps improve the public's understanding of National Forest issues. Based on this information, EPIC's request for a fee waiver under the Freedom of Information Act (FOIA) should be granted on grounds that disclosure of the requested documents would serve the "public interest," and meets Congress's directive that FOIA's fee waiver requirement be liberally construed. JUDICIAL WATCH, INC. v. ROSSOTTI, No. 02-5154 (D.C. Cir. May 02, 2003).