USFS policies on back-burning for Calf Canyon/Hermits Peak Fire, New Mexico • MuckRock

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Communications

From: Alicia Inez Guzmán

06/17/2022

Subject: Freedom of Information Act Request: USFS policies on back-burning for Calf Canyon/Hermits Peak Fire, New Mexico

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Documentation on back-burning, including policies, guidebooks, best practices, training manuals or checklists for wild land fire fighters and incident commanders.

Legal documentation authorizing the use of back-burning on public and private property in the state of New Mexico.

Any and all correspondence between the USFS and incident command centers, for the Calf Canyon Hermits Peak Fire, on back-burning.

Accounting of acres of land burned through back-burning in the Calf Canyon Hermits Peak Fire.

Any and all documentation on the IGNIS drone system for back-burning or fighting fires in the Calf Canyon Hermits Peak Fire, including the number of units used, cost per unit, locations deployed, training and/or certification required for use.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Alicia Inez Guzmán

From: U.S. Forest Service

06/23/2022

Subject: RE: [External Email]Freedom of Information Act Request: USFS policies on back-burning for Calf Canyon/Hermits Peak Fire, New Mexico

Dear Ms. Inez Guzman,

Our office has reviewed your FOIA request for records pertaining to the Calf Canyon fire. Your request is seeking records for a fire in our Region 3 area. We are referring your request to our Region 3 FOIA office for processing and direct response to you. Your request may be referred to the Forest of interest per the Regional FOIA coordinator. If you have any questions you may send them to sm.fs.r3foia@usda.gov<mailto:sm.fs.r3foia@usda.gov> .

Thank You

USFS WO FOIA Team

From: U.S. Forest Service

06/23/2022

Subject: RE: [External Email]Freedom of Information Act Request: USFS policies on back-burning for Calf Canyon/Hermits Peak Fire, New Mexico

Good morning,

Please note that the Forest will not have documents pertaining to an active fire. Fire records for an active fire are maintained by Incident Command (IC) for the fire and only transferred to the administrative Forest unit once the IC has been demobilized.

The following are links to documents on Federal Wildland Fire Management and prescribed burns. Please look at the documents, and resubmit your request for specific documents you would like us to search for and provide and who you would like to conduct the search. I suggest those employees most likely to have the records in the Santa Fe National Forest.

There is a backlog when it comes to review at the regional office and requests are processed in first in, first out order. There are currently 80-90 requests ahead of yours in the queue, so depending on the volume of documents and the complexity of review it could be months or possibly over a year before your request reaches the top of the queue, review is done, and the request completed.

The clearer you can make the scope of your request, the easier it will be for us to pinpoint our search for the specific items you are interested in. This will reduce the time needed to search and review the responsive items. The larger the amount of responsive documents, the longer the review will take and the longer it will take to complete your request.

If the number of pages of responsive documents exceeds what can be reviewed in several hours, your request will be added to the complex queue. It will remain in the complex queue until those proceeding it are completed. Please be advised, we are still working on requests from 2017 and 2018 in the complex queue, all of which will proceed the review of this request if it is placed in the complex queue.

If you want to receive records in a more timely manner (1-2 months), you may want to streamline your request as much as possible to keep the number of responsive pages to just those you are really interested in, to reduce the time needed for review and keep your request in the simple queue. Asking for a smaller amount of documents now, will not prevent you from asking for additional material at a later date. . You can reduce the scope of your request at any time.

The FOIA specifies two requirements for a request for records to be considered a valid, "perfected" request: (1) It must "reasonably describe" the records requested and (2) it must be made in accordance with the agency's published FOIA regulations. After careful review of your FOIA request, the Forest Service has determined that your request does not specifically identify the records which you are seeking. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. See 7 C.F.R. § 1.5(b), and Forest Service Handbook 6209.13. Where possible, a requester should supply specific information regarding dates, titles, names of individuals, names of offices, and name of agencies or organizations that may help identify the records. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records.

From https://www.justice.gov/oip/blog/foia-post-2008-oip-guidance-new-limitations-assessing-fees, "Unusual circumstances" occur in three situations: 1) when there is a need to search for and collect records from field offices, or other establishments; 2) when there is a need to search for, collect, and examine a voluminous amount of records; or 3) when there is a need for consultations with another agency or with more than two components within the same agency. In all these situations the exception to the rule against assessing search fees or, if applicable, duplication fees, is met and the agency is not precluded from assessing such fees.

"Exceptional circumstances" are not affirmatively defined in the FOIA in the same way that "unusual circumstances" are, but the FOIA does provide that "exceptional circumstances" cannot include "a delay that results from a predictable agency workload of requests . . . unless the agency demonstrates reasonable progress in reducing its backlog of pending requests." 5 U.S.C. § 552(a)(6)(C). Put another way, exceptional circumstances would occur if the agency has a backlog of pending requests and is making reasonable progress in reducing that backlog. In such situations, the exception to the rule against assessing search fees, or, if applicable, duplication fees, is met and the agency is not precluded from assessing such fees.

Please resubmit your request containing a reasonable description of the records you are seeking. As written, we are unable to determine what you seek and we would not be certain we would construe the scope of your request as you expect. Upon receipt of the requested information, you will be advised as to the status of your request.

In the event that we do not hear from you within 20 business days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed. Please be advised that this action is not a denial of your request and will not preclude you from filing other requests in the future.

If you have any questions regarding this response or if further assistance is required, you may reply to this email. You may also contact the Forest Service FOIA Public Liaison at SM.FS.WOFOIA@usda.gov.

Thank you,

Alisha

From: U.S. Forest Service

09/23/2022

Subject: Final Response for 2022-FS-R3-04254-F

Good afternoon,

Attached is the final response for your FOIA request, tracking number 2022-FS-R3- 04254-F.

Please let me know if you have any questions or concerns related to this request.

Thank you,

Alisha

[Forest Service Shield]
Alisha Daniel
Government Information Specialist
Forest Service
Southwestern Region
p: 505-842-3172
c: 505-321-2559
alisha.daniel@usda.gov<mailto:alisha.daniel@usda.gov>
333 Broadway Blvd., SE
Albuquerque, NM 87102, NM 87102
www.fs.usda.gov<https://www.fs.usda.gov/>
[USDA Logo]<https://usda.gov/> [Forest Service Twitter] <https://twitter.com/forestservice> [USDA Facebook] <https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
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Request for Clarification USFS policies on back-burning for Calf Canyon_Hermits Peak Fire, New Mexico
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Request for Clarification USFS policies on back-burning for Calf Canyon_Hermits Peak Fire, New Mexico
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Submitted	June 17, 2022
Est. Completion	None