6
Opinion of the Court
ever, act as counsel for the Tribe, which has its own lawyers and has independently submitted claims on its own behalf.1
Respondent, the Klamath Water Users Protective Association (Association), is a nonprofit association of water users in the Klamath River Basin, most of whom receive water from the Klamath Project, and whose interests are adverse to the tribal interests owing to scarcity of water. The Association filed a series of requests with the Bureau under the Freedom of Information Act (FOIA), 5 U. S. C. § 552, seeking access to communications between the Bureau and the Basin Tribes during the relevant time period. The Bureau turned over several documents but withheld others as exempt under the attorney work-product and deliberative process privileges. These privileges are said to be incorporated in FOIA Exemption 5, which exempts from disclosure "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency." § 552(b)(5). The Association then sued the Bureau under FOIA to compel release of the documents.
By the time of the District Court ruling, seven documents remained in dispute, three of them addressing the Plan, three concerned with the Oregon adjudication, and the seventh relevant to both proceedings. See 189 F. 3d 1034, 1036 (CA9 1999), App. to Pet. for Cert. 41a-49a. Six of the documents were prepared by the Klamath Tribe or its representative and were submitted at the Government's behest to the Bureau or to the Department's Regional Solicitor; a Bureau official prepared the seventh document and gave it to lawyers for the Klamath and Yurok Tribes. See ibid.
1 The Government is "not technically acting as [the Tribes'] attorney. That is, the Tribes have their own attorneys, but the United States acts as trustee." Tr. of Oral Arg. 5. "The United States has also filed claims on behalf of the Project and on behalf of other Federal interests" in the Oregon adjudication. Id., at 6. The Hoopa Valley, Karuk, and Yurok Tribes are not parties to the adjudication. Brief for Respondent 7.
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