(1) Investigative Case File System, Interior/FWS-20. (2) Law Enforcement Services System, Interior/BIA-18. (3) Law Enforcement Statistical Reporting System, Interior/NPS-19. (4) Investigative Records, Interior/Office of Inspector General—2. (b) Law enforcement records exempt under 5 U.S.C. 552a(k)(2). Pursuant to 5 U.S.C. 552a(k)(2), the following systems of records have been exempted from paragraphs (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of 5 U.S.C. 552a and the provisions of the regulations in this subpart implementing these paragraphs: (1) Investigative Records, Interior/Office of Inspector General-2. (2) Permits System, Interior/FWS-21. (3) Criminal Case Investigation System, Interior/BLM-18. (4) Civil Trespass Case Investigations, Interior/BLM-19. (5) Employee Conduct Investigations, Interior/BLM-20. (6)-(7) [Reserved] (8) Employee Financial Irregularities, Interior/NPS-17. (9) Trespass Cases, Interior/Reclamation-37. (10) Litigation, Appeal and Case Files System, Interior/Office of the Solicitor-1 to the extent that it consists of investigatory material compiled for law enforcement purposes. (11) Endangered Species Licenses System, Interior/FWS-19. (12) Investigative Case File, Interior/ FWS-20. (13) Timber Cutting and Trespass Claims Files, Interior/BIA-24. (c) Investigatory records exempt under 5 U.S.C. 552a(k)(5), the following systems of records have been exempted from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I) and (f) of 5 U.S.C. 552a and the provisions of the regulations in this subpart implementing these subsections: (1) [Reserved] (2) National Research Council Grants Program, Interior/GS-9 (3) Committee Management Files, Interior/Office of the Secretary-68. (5 U.S.C. 301, 552a and 5 U.S.C. app. sections 9(a)(1)(D) and 9(b); 5 U.S.C. 301, 552, and 552a; 31 U.S.C. 483a; and 43 U.S.C. 1460) [40 FR 44505, Sept. 26, 1975, as amended at 40 FR 54790, Nov. 26, 1975; 47 FR 38328, Aug. 31, 1982; 48 FR 37412, Aug. 18, 1983; 48 FR 56586, Dec. 22, 1983; 49 FR 6907, Feb. 24, 1984] Subpart E-Compulsory Process and Testimony of Employees § 2.80 Compulsory process. (a) If the production of any record of the Department is sought by compulsory process and if it is determined in accordance with the provisions of §2.13 that the record should not be disclosed, the person making such determination shall immediately report the matter to the Solicitor. The person to whom the compulsory process is directed shall appear in answer to the process and respectfully decline to produce the record on the ground that the disclosure, pending the receipt of instructions from the Secretary of the Interior, is prohibited by the regulations in this subpart. (b) The solicitor of the Department of the Interior is authorized to exercise all of the authority of the Secretary of the Interior under this section. § 2.82 Testimony of employees. (a) An officer or employee of the Department shall not testify in any judicial or administrative proceeding concerning matters related to the business of the Government without the permission of the head of the bureau, or his designee, or of the Secretary of the Interior, or his designee. If the head of a bureau or his designee, concludes that permission should be withheld, he shall report the matter immediately to the Solicitor for a determination, and the officer or employee shall appear in answer to process and respectfully decline to testify, pending the receipt of instructions from the Secretary, on the ground that testimony is prohibited by the regulations in this part. Pending instructions from the Secretary or his designee, an officer or employee in the Office of the Secretary shall follow the same procedure. (b) Any person (including a public agency) wishing an officer or employee of the Department to testify in a judicial or administrative proceeding concerning a matter related to the business of the Government may be required to submit a statement setting forth the interest of the litigant and the information with respect to which the testimony of the officer or employee of the Department is desired, before permission to testify will be granted under this section. (c) The Solicitor of the Department of the Interior is authorized to exercise all of the authority of the Secretary of the Interior under this section. APPENDIX A TO PART 2-FEES The following uniform fee schedule is applicable to all constituent units of the Department. It states the fees to be charged to members of the public for services performed in searching for, reviewing and duplicating requested records in connection with FOLA requests made under subpart B of this part and to services performed in making documents available for inspection and copying under subpart A of this part. The duplicating fees stated in the schedule are also applicable to duplicating of records in response to requests made under the Privacy Act. The schedule also states the fee to be charged for certification of documents. (1) Copies, basic fee. For copies of documents reproduced on a standard office copying machine in sizes to 81⁄2" x 14", the charge will be $0.13 per page. Examples: For one copy of a three-page document, the fee would be $0.39. For two copies of a three-page document, the fee would be $0.78. For one copy of a 60-page document, the fee would be $7.80. (2) Copies, documents requiring special handling. For copies of documents which require special handling because of their age, size, etc., cost will be based on direct costs of reproducing the materials. (3)–(4) [Reserved] (5) Searches. For each quarter hour, or portion thereof, spent by clerical personnel in manual searches to locate requested records: $2.30. For each quarter hour, or portion thereof, spent by professional or managerial personnel in manual searches to locate requested records because the search cannot be performed by clerical personnel: $4.65. Search time for which fees may be charged includes all time spent looking for material that is responsive to a request, including line-by-line or page-by-page search to determine whether a record is responsive, even if the search fails to locate records or the records located are determined to be exempt from disclosure. Searches will be conducted in the most efficient and least expensive manner, so as to minimize costs for both the agency and the requester. Line-by-line or page-by-page identification should not be necessary if it is clear on the face of a document that it is covered by a request. (6) Review of records. For each quarter hour, or portion thereof, spent by clerical personnel in reviewing records: $2.30. For each quarter hour, or portion thereof, spent by professional or managerial personnel in reviewing records: $4.65. Review is the examination of documents located in response to a commercial use request to determine whether any portion of any document located is permitted to be withheld and the subsequent processing of documents for disclosure by excising exempt material or otherwise preparing them for release. Review does not include time spent in resolving general legal or policy issues regarding the application of exemptions. (7) [Reserved] (8) Certification. For each certificate of verification attached to authenticated copies of records furnished to the public the charge will be $0.25. (9) [Reserved] (10) Computerized records. Charges for services in processing requests for records maintained in computerized form will be calculated in accordance with the following criteria: (a) Costs for processing a data request will be calculated using the same standard direct costs charged to other users of the facility, and/or as specified in the user's manual or handbook published by the computer center in which the work will be performed. (b) An itemized listing of operations required to process the job will be prepared (i.e., time for central processing unit, input/ output, remote terminal, storage, plotters, printing, tape/disc mounting, etc.) with related associated costs applicable to each operation. (c) Material costs (i.e., paper, disks, tape, etc.) will be calculated using the latest acquisition price paid by the facility. (d) ADP facility managers must assure that all cost estimates are accurate, and if challenged, be prepared to substantiate that the rates are not higher than those charged to other users of the facility for similar work. Upon request, itemized listings of operations and associated costs for processing the job may be furnished to members of the public. (e) Requesters entitled to two hours of free search time under 43 CFR 2.20(e) shall not be charged for that portion of a computer search that equals two hours of the salary of the operator performing the search. (11) Postage/mailing costs. Mailing charges may be added for services (such as express mail) that exceed the cost of first class postage. (12)–(13) [Reserved] (14) Other services. When a response to a request requires services or materials other than those described in this schedule, the direct cost of such services or materials to the Government may be charged, but only if the requester has been notified of such cost before it is incurred. (15) Effective date. This schedule applies to all requestes made under the Freedom of Information Act and Privacy Act after December 30, 1987. [52 FR 45592, Nov. 30, 1987] APPENDIX B TO PART 2—BUREAUS AND OFFICES OF THE DEPARTMENT OF THE INTERIOR 1. Bureaus and Offices of the Department of the Interior. (The address for all bureaus and offices, unless otherwise indicated, is U.S. Department of the Interior, Washington, DC 20240.) Secretary of the Interior, Office of the Secretary Office of Administrtative Services (for Office of the Secretary components) Assistant Secretary, Territorial and International Affairs Commissioner, Bureau of Indian Affairs Director, U.S. Fish and Wildlife Service Director, National Park Service, P.O. Box 37127, Washington, DC, 20013-7127 Commissioner, Bureau of Reclamation Director, Bureau of Land Management Director, Minerals Management Service Director, Bureau of Mines, Columbia Plaza, 2401 E Street NW., Washington, DC 20241 Director, Geological Survey, The National Center, Reston, VA 22092 Director, Office of Surface Mining Reclamation and Enforcement Director, Office of Hearings and Appeals, 4015 Solicitor, Office of the Solicitor 2. Freedom of Information Officers of the Department of the Interior. (The address for all Freedom of Information Officers, unless otherwise indicated, is U.S. Department of the Interior, Washington, DC 20240.) Director, Office of Administrative Services (for Office of the Secretary components), U.S. Department of the Interior Director, Office of Administration, Bureau of Indian Affairs Freedom of Information Act Officer, Bureau of Land Management Assistant Director, Finance and Management, Bureau of Mines, Columbia Plaza, 2401 E Street NW., Washington, DC 20241 Freedom of Information Act Officer, Bureau of Reclamation Chief, Division of Media Information, National Park Service Chief, Regulatory Development and Issues Management, Office of Surface Mining Reclamation and Enforcement Chief, Directives Management Branch, Policy and Directives Management, U.S. Fish and Wildlife Service, Chief, Paperwork Management Unit, U.S. Geological Survey, The National Center, Reston, VA 22092 Freedom of Information Act Officer, Minerals Management Service, 12203 Sunrise Valley Drive, Reston, VA 22091 Information Officer, Office of Inspector General 3. Office of Hearings and Appeals-Field Offices: Administrative Law Judge, 710 Locust St., Administrative Law Judge (Indian Probate), 4. Office of the Solicitor- Field Offices. Regional Solicitors Regional Solicitor, U.S. Department of the Interior, 701 C Street, Anchorage, AK 99513 Regional Solicitor, U.S. Department of the Interior, Room E-2753, 2800 Cottage Way, Sacramento, CA 95825 Regional Solicitor, U.S. Department of the Interior, P.O. Box 25007, Denver Federal Center, Denver, CO 80225 Regional Solicitor, U.S. Department of the Interior, Richard B. Russell Federal Building, 75 Spring Street, SW., Suite 1328, Atlanta, GA 30303 Regional Solicitor, U.S. Department of the Interior, Suite 612, One Gateway Center, Newton Corner, MA 02158 Regional Solicitor, U.S. Department of the Interior, Room 3068, Page Belcher Federal Building, 333 West 4th Street, Tulsa, OK 74103 Regional Solicitor, U.S. Department of the Interior, Lloyd 500 Building, Suite 607, 500 N.E. Multnomah, Portland, OR 97232 Regional Solicitor, U.S. Department of the Interior, Suite 6201, Federal Building, 125 South State Street, Salt Lake City, UT 84138 Field Solicitors Field Solicitor, U.S. Department of the Interior, Suite 150, 505 North Second St., Phoenix, AZ 85004 Field Solicitor, U.S. Department of the Interior, P.O. Box M, Window Rock, AZ 86515 Field Solicitor, U.S. Department of the Interior, Box 36064, 450 Golden Gate Avenue, Room 14126, San Francisco, CA 94102 Field Solicitor, U.S. Department of the Interior, Box 020, Federal Building, U.S. Courthouse, 550 West Fort Street, Boise, ID 83724 Field Solicitor, U.S. Department of the Interior, 686 Federal Building, Twin Cities, MN 55111 Field Solicitor, U.S. Department of the Interior, Room 5431, Federal Building, 316 N. 26th Street, Billings, MT 59101 Field Solicitor, U.S. Department of the Interior, P.O. Box 1042, Santa Fe, NM 87504 Field Solicitor, U.S. Department of the Interior, Osage Agency, Grandview Avenue, Pawhuska, OK 74056 Field Solicitor, U.S. Department of the Interior, Suite 502J, U.S. Post Office and Courthouse, Pittsburgh, PA 15219 Field Solicitor, U.S. Department of the Interior, P.O. Box 15006, Knoxville, TN 37901 Field Solicitor, U.S. Department of the Interior, 1100 South Fillmore, Amarillo, TX 79101 Field Solicitor, U.S. Department of the Interior, 603 Morris Street, 2nd Floor, Charleston, WV 25301. [52 FR 45593, Nov. 30, 1987, as amended at 53 FR 16128, May 5, 1988; 58 FR 48973, Sept. 21, 1993] 3.16 Seizure. 3.17 Preservation of collection. AUTHORITY: Secs. 3, 4, 34 Stat. 225, as amended; 16 U.S.C. 432. SOURCE: 19 FR 8838, Dec. 23, 1954, unless otherwise noted. §3.1 Jurisdiction. Jurisdiction over ruins, archeological sites, historic and prehistoric monuments and structures, objects of antiquity, historic landmarks, and other objects of historic and scientific interest, shall be exercised under the act by the respective Departments as follows: (a) By the Secretary of Agriculture over lands within the exterior limits of forest reserves; (b) By the Secretary of the Army over lands within the exterior limits of military reservations; (c) By the Secretary of the Interior over all other lands owned or controlled by the Government of the United States, Provided, The Secretaries of the Army and Agriculture may by agreement cooperate with the Secretary of the Interior in the supervision of such monuments and objects covered by the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431-433), as may be located on lands near or adjacent to forest reserves and military reservations, respectively. §3.2 Limitation on permits granted. No permit for the removal of any ancient monument or structure which can be permanently preserved under the control of the United States in situ, and remain an object of interest, shall be granted. § 3.3 Permits; to whom granted. Permits for the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity will be granted, by the respective Secretaries having jurisdiction, to reputable museums, universities, colleges, or other recognized scientific or educational institutions, or to their duly authorized agents. §3.4 No exclusive permits granted. No exclusive permits shall be granted for a larger area than the applicant can reasonably be expected to explore fully and systematically within the time limit named in the permit. §3.5 Application. Each application for a permit should be filed with the Secretary having jurisdiction, and must be accompanied by a definite outline of the proposed work, indicating the name of the institution making the request, the date proposed for beginning the field work, the length of time proposed to be devoted to it, and the person who will have immediate charge of the work. The application must also contain an exact statement of the character of the work, whether examination, excavation, or gathering, and the public museum in which the collections made under the permit are to be permanently preserved. The application must be accompanied by a sketch plan or description of the particular site or area to be examined, excavated, or searched, so definite that it can be located on the map with reasonable accuracy. §3.6 Time limit of permits granted. No permit will be granted for a period of more than 3 years, but if the work has been diligently prosecuted under the permit, the time may be extended for proper cause upon application. §3.7 Permit to become void. Failure to begin work under a permit within 6 months after it is granted, or failure to diligently prosecute such work after it has been begun, shall make the permit void without any order or proceeding by the Secretary having jurisdiction. §3.8 Applications referred for recommendation. Applications for permits shall be referred to the Smithsonian Institution for recommendation. §3.9 Form and reference of permit. Every permit shall be in writing and copies shall be transmitted to the Smithsonian Institution and the field officer in charge of the land involved. The permittee will be furnished with a copy of the regulations in this part. § 3.10 Reports. At the close of each season's field work the permittee shall report in duplicate to the Smithsonian Institution, in such form as its secretary may prescribe, and shall prepare in duplicate a catalogue of the collections and of the photographs made during the season, indicating therein such material, if any, as may be available for exchange. §3.11 Restoration of lands. Institutions and persons receiving permits for excavation shall, after the completion of the work, restore the lands upon which they have worked to their customary condition, to the satisfaction of the field officer in charge. §3.12 Termination. All permits shall be terminable at the discretion of the Secretary having jurisdiction. §3.13 Report of field officer. The field officer in charge of land owned or controlled by the Government of the United States shall, from time to time, inquire and report as to the existence, on or near such lands, of ruins and archaeological sites, historic or prehistoric ruins or monuments, objects of antiquity, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest. §3.14 Examinations by field officer. The field officer in charge may at all times examine the permit of any person or institution claiming privileges granted in accordance with the act and this part, and may fully examine all work done under such permit. §3.15 Persons who may apprehend or cause to be arrested. All persons duly authorized by the Secretaries of Agriculture, Army and Interior may apprehend or cause to be arrested, as provided in the Act of February 6, 1905 (33 Stat. 700) any person or |