United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Idaho State Office
1387 South Vinnell Way
Boise, Idaho 83709
http://www.id.blm.gov
In Reply Refer To:
1278 (FOIA No. ID-2005-06)
EFTS BLM-2005-00135
FEB 08 2005
Mr. Kent Maxwell
Colorado Firecamp, Inc.
9008 County Road 240
Salida, Colorado 81201
Dear Mr. Maxwell:
This letter is in response to your December 10, 2004 Freedom of Information
Act (FOIA) request in which you asked for documents related to the investigation
of and corrective action following the July 28, 1995 Point Fire incident,
on BLM property, near Boise, Idaho.
Through e-mails and telephone conversations with our State FOIA Coordinator,
Linda Perkins, you further clarified your request, confirmed a records
timeframe of July 28, 1995 through December 22, 2004, and provided additional
fee waiver justification. To ensure we provided the type of records you
desired, you reviewed a preliminary list of records and confirmed on January
11, 2005 that they were acceptable.
Specifically, you asked for:
- "The accident investigation report of the July 28, 1995 fatalities
on the Point Fire, near Boise, Idaho
- Any summary or management evaluation report of the Point Fire
- The document which proposed "23 recommendations to minimize the
possibility of recurrence and improve future investigations" —
as described in Instruction Memorandum ID-2001-067
- The Point Fire Implementation Plan, IM No. ID-1996-053 dated March
27, 1996
- Any documents related to the subsequent progress made in the Point
Fire Implementation Plan — the subject of the above-mentioned
IM. No. ID-2001-067 is "Reinforcement of Implementation Plan for
Point Fire Investigation Recommendations"
- Any BLM directive or response issued related to the ruling dated February
19,1999 in the Point Fire lawsuits in Federal District Court, Civil
Case No. 96-0324-S-BLM (consolidated with Civil Case No. 96-0452-S-BLW
and Civil Case No. 97-0129-S-BLW). You further clarified this item to
mean "did we send any Instruction Memorandums or letters to all
employees about the fire, results of cases, etc."
Records responsive to your request are enclosed along with an itemized
list.
We searched for records responsive to your Items 2 and 6 and did not
locate any summary or management evaluation reports or any BLM directives
or responses to all employees about the fire or results of the civil cases.
Copies of directives pertaining to the fire were sent to management team
members as shown in the responsive records. We searched the Idaho State
Office Central Files, Fire Office and Safety Office records, files at
the Lower Snake River District (LSRD), and contacted the National Interagency
Fire Center.
However, a records search will be initiated to determine if responsive
documents exist in BLM files maintained at another location.
In item 5 you asked for "any documents related to subsequent progress
made in the Point Fire Implementation Plan." A document by that title
was never created. Some of the actions taken after the Point Fire Accident
Investigation Report (PFAIR) that were published are:
- LSRD Memorandum and the district plan implemented the 23 recommendations
of the PFAIR.
- Instruction Memorandum ID-1996-053 distributed (implemented) the district
plan across the state.
- Office of Fire and Aviation Instruction Memorandum No. 96-2007 distributed
corrective actions and the LSRD Plan.
Instruction Memorandum ID-2001-067 was prepared as a reminder to focus
planning efforts using the PFAIR recommendations and is not intended to
indicate a lack of compliance with earlier directives. The phrase "Reinforcement
of Implementation Plan" is misleading since there never was a document
titled "Point Fire Implementation Plan" as clarified above.
We are releasing all of the factual information in the accident investigation
report but withheld (on 139 pages) home telephone numbers, ages, and names
of witnesses, interviewees, civilians, investigators, employees, and the
deceased. We are not allowed to release this information under Exemption
6 (5 U.S.C. 552(b)(6)) of the FOIA.
Exemption 6 allows BLM to withhold personal information as release would
constitute an unwarranted invasion of personal privacy and Exemption 7(b)(7)(c)
allows withholding witness names. There is no qualifying public interest
in the information because release does not shed light on the agency's
performance of its statutory duties and the public interest does not outweigh
the privacy interest.
We also withheld radio frequencies and any data relating to those frequencies
(on 22 pages) under Exemption 7. The release could result in interruption
of radio calls during emergency communications, and possibly endanger
the lives law enforcement, civilians and firefighters. Release of this
information does not shed light on the agency's performance of its statutory
duties.
If you consider this response to be a denial of your request under 43
CFR 2.30, you may file an appeal in writing by mail or fax to:
Freedom of Information Act Appeals Officer
Office of the Chief Information Officer
U.S. Department of the Interior
1849 C Street NW, MS-5312, MIB
Washington, D.C. 20240
Fax: (202) 208-6677
Your appeal must be in writing and received no later than 30 workdays
(Saturdays, Sundays, and public legal holidays excepted) from the date
that you receive this letter. The appeal should be marked "FREEDOM
OF INFORMATION APPEAL" on both the envelope and on the first page
of your appeal letter. A copy of all correspondence between you and our
office including the original request and this letter must accompany the
appeal.
The person responsible for this decision is the undersigned, in consultation
with the FOIA Attorney Alex Viscusi, at the Boise Field Office, Department
of the Interior Solicitor's Office.
We are granting your request for a fee waiver. We agree that Colorado
Firecamp intends to and has the capability to disseminate information
and analyses to the public at large. We hope you can use the information
in the responsive documents for your "sand table exercise,"
reports, and bulletins. We appreciate your efforts to ensure other firefighters
can learn from the Point Fire tragedy. If you have the opportunity, please
let Mrs. Perkins know when you have posted documents on your website.
Copies of any paper products distributed to the public would also be appreciated
and may be sent to Mrs. Perkins at the address above. We would like to
share the information with our fire personnel.
We are taking a 10-day extension to conduct the search for records at
another office. We expect to provide a response to you on or about February
24,2005.
If you have any questions, please don’t hesitate to contact Mrs.
Perkins at (208) 373-3947 or by facsimile at (208) 373-3904.
Sincerely,
/s/ K. Lyle Bennett
State Director
2 Enclosures:
1— Records List (1 p)
2— Records (262 pp)
Records List for Colorado Firecamp FOIA, ID 2005-06
Items 1 and 3: Item 1: The accident investigation
report of the July 28, 1995 fatalities on the Point Fire, near Boise,
Idaho, and Item 3: The document which proposed "23 recommendations
to minimize the possibility of recurrence and improve future investigations"
- as describede in Instruction Memorandum ID- 2001-067
Point Fire Accident Investigation Report (PFAIR), (262 pp total)
Item 2: Any summary or management evaluation report
of the Point Fire.
No records located but a search will be initiated to determine if responsive
documents exist in BLM files maintained at another location.
Items 3, 4: Item 3: The document which proposed "23
recommendations to minimize the possibility of recurrence and improve
future investigations" - as described in Instruction Memorandum ID-2001-067;
and Item 4: The Point Fire Implementation Plan, IM No. ID-1996-053 dated
March 27, 1996
a. Idaho State Office Instruction Memorandum No. ID-96-053, 03/27/96
(1 p) with 1 Attachment: BLM Lower Snake River District EMS Memorandum,
02/02/96, Subject: Point Fire Follow up Action Plan (5 pp)
b. Office of Fire and Aviation Instruction Memorandum No. 96-2007, 04/29/96,
Subject: Point Fire Corrective Action Plan (2 pp) with 2 Attachments:
1) Point Fire Interim Corrective Actions (8 pp) and 2) Idaho Point Fire
Follow up Action Plan (5 pp)
Item 5: Any documents related to the subsequent progress
made in the Point Fire
Implementation Plan - the subject of the above-mentioned IM. No. ID-2001-067
is “Reinforcement of Implementation Plan for Point Fire Investigation
Recommendations”
Note: The phrase "Reinforcement of Implementation Plan"
in the Idaho State Office Instruction Memorandum ID-2001-067 is misleading
since there never was a document titled "Point Fire Implementation
Plan." Instruction Memorandum ID-2001-067 was prepared as a reminder
to focus planning efforts using the PFAIR recommendations. The Idaho State
Office Instruction Memorandum No. ID-96-053, 03/27/96, with the attached
Lower Snake River District EMS Memorandum, 02/02/96 (provided above in
response to Items 3 and 4) is the Action Plan.
The following documents continue emphasize and are also responsive to
this item.
a. Idaho State Office Information Bulletin No. ID-95-520, 08/22/95, Subject:
Point Fire Fatalities (1 p) with 1 Attachment: Office of Fire and Aviation
Instruction Memorandum No. 95-2013, 08/17/95, Subject: Point Fire Fatalities
(2 pp)
b. Office of Fire and Aviation Instruction Memorandum No. 96-200, 04/29/96,
Subject: Point Fire Corrective Action Plan (2 pp) with 2 Attachments:
1) Point Fire Interim Corrective Actions (8 pp) and 2) Idaho Point Fire
Follow up Action Plan (5 pp) (Copy provided in Item 3,4).
c. Idaho State Office Instruction Memorandum ID-2004-089, 07/15/04,
subject: Implementation Plan for Point Fire (2 pp)
Item 6: Any BLM directive or response issued
related to the ruling dated February 19, 1999 in the Point Fire lawsuits
in Federal District Court, Civil Case No. 96-0324-S-BLM (consolidated
with Civil Case No. 96-0452-S-BLW and Civil Case No. 97-0129-S-BLW). Further
clarification: “did we send any Instruction Memorandums or letters
to all employees about the fire, results of cases, etc.”
No records located but a search will be initiated to determine if responsive
documents exist in BLM files maintained at another location.
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