§ 2.15 Action on initial requests.

(a) Granting of requests. (1) A requested record shall be made available if (i) the record is not exempt from disclosure or (ii) the record is exempt from disclosure, but its withholding is neither required by statute or Executive order nor supported by sound grounds.

(2) A determination to release a record which is exempt from disclosure and which is located in a field installation may be made only by the head of that installation or by such higher authority as the head of the bureau may in writing designate. A determination to release a record which is exempt from disclosure and which is located at the headquarters installation of a bureau may be made only by the head of the bureau or an official whom the head of the bureau has in writing designated.

(b) Form of grant. (1) When a requested record has been determined to be available, the official processing the request shall immediately notify the person requesting the record as to where and when the record is available for inspection or, as the case may be, where and when copies will be available. If fees are due under § 2.19, the responsible official shall also state the amount or, if the exact amount cannot be determined, the approximate amount of fees due.

(2) If the record was obtained by the Department from a person or entity outside of the Government, the responsible official shall, when it is administratively feasible to do so, notify that person or entity that the record has been made available.

(c) Denial of requests. A request for a record may be denied only if it is determined that (1) the record is exempt from disclosure and (2) that withholding of the record is required by statute or Executive order or supported by sound grounds.

(d) Authority to deny requests. (1) A request made of a field installation to inspect or copy a record located at that installation may be denied only by the head of the installation or such higher authority as the head of the bureau may in writing designate and only after consultation with the appropriate field or regional solicitor.

(2) A request to inspect or copy a record located at the headquarters installation of a bureau shall be denied only by the head of the bureau or by an official whom the head of the bureau has

in writing designated and only after consultation with the appropriate associate, regional, or field solicitor.

(e) Form of denial. A reply denying a request shall be in writing and shall include:

(1) A reference to the specific exemption or exemptions under the Freedom of Information Act authorizing the withholding of the record;

(2) If neither a statute nor an executive order requires withholding, the sound ground for withholding;

(3) A listing of the names and titles or positions of each person responsible for the denial;

(4) A statement that the denial may be appealed to the Assistant Secretary— Program Development and Budget, pursuant to § 2.17 and that such appeal must be in writing and be received by this official within 20 days (Saturdays, Sundays, and public legal holidays excepted) after the date of the denial, in the case of the denial of an entire request, or within 20 days (Saturdays, Sundays, and public legal holidays excepted) of records being made available, in the case of a partial denial, by writing to the Freedom of Information Act Officer, Office of the Assistant Secretary-Program Development and Budget, U.S. Department of the Interior, Washington, D.C. 20240.

(f) Exception. The requirements of paragraphs (c), (d), and (e) of this section do not apply to requests denied under § 2.14 on the ground that the request did not reasonably describe the records requested or to requests for records which do not exist.

(g) Filing of denials. (1) Copies of all replies denying, in whole or part, a request for a record which are issued under this section or § 2.14 shall be promptly submitted to the Freedom of Information Act Officer, Office of the Assistant Secretary-Program Development and Budget, U.S. Department of the Interior, Washington, D.C. 20240. The Freedom of Information Act Officer shall be responsible for promptly furnishing copies of such denials to the Office of the Solicitor, the Office of Communications, and the appropriate program Assistant Secretary.

(2) If a bureau has a public information office, copies of all replies denying, in whole or part, a request for a record issued by the bureau under this section or § 2.14 shall be submitted to the public information office.

§ 2.16

Time limits on processing of initial requests.

(a) Basic limit. Requests for records shall be processed promptly. A determination whether to grant or deny a request shall be made within no more than 10 days (excepting Saturdays, Sundays, and legal public holidays) after receipt of a request. This determination shall be communicated immediately to the requester.

(b) Running of basic time limit. For purposes of paragraph (a) of this section, the time limit commences to run when a request is received at an installation designated in § 2.14(a) to receive the request. If a request is received at an installation not designated in § 2.14(a) to receive the request, the officer receiving a request shall promptly transmit the request to the appropriate installation and shall notify the requester in writing of this action.

(c) Extensions of time. In the following unusual circumstances, the time limit for acting upon an initial request may be extended to the extent reasonably necessary to the proper processing of the particular request, but in no case may the time limit be extended for more than 10 working days:

(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

(2) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request;

or

(3) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein.

(d) Authority to make extensions. (1) An extension of time under paragraph (c) of this section may be made only by the head of a field installation or such higher authority as the head of a bureau has in writing designated, if the records requested are located in a field installation, or by the head of a bureau or an official whom the head of the bureau has in writing designated, if the records are located in the headquarters installation of a bureau.

(2) The person requesting the records shall be notified in writing of the exten

sion. The written notice shall state the reason for the extension and the date on which a determination on the request is expected to be dispatched.

(3) A copy of the written notice shall be forwarded to the Freedom of Information Act Officer, Office of the Assistant Secretary-Program Development and Budget, U.S. Department of the Interior, Washington, D.C. 20240. The Freedom of Information Act Officer shall be responsible for promptly furnishing copies of such notices to the Office of the Solicitor, the Office of Communications, and the appropriate program Assistant Secretary.

(e) Treatment of delay as denial. (1) If no determination has been reached at the end of the 10-day period for deciding an initial request, or the last extension thereof, the requester may deem his request denied and may exercise a right of appeal in accordance with the provisions of § 2.17.

(2) When no determination can be reached within the applicable time limit, the responsible official shall nevertheless continue to process the request. On expiration of the time limit, the responsible official shall inform the requester of the reason for the delay, of the date on which a determination may be expected to be dispatched, and of his right to treat the delay as a denial for purposes of appeal to the Assistant Secretary-Program Development and Budget in accordance with 2.17. The requester may be asked to consider delaying use of his right to appeal until the date on which the determination is expected to be dispatched. If the requester so agrees, he is deemed not to have treated the failure to respond within the applicable time limit as a denial for purposes of the running of the 20 working-day appeal period set out in § 2.17(b). If a determination on the request is not issued by the new agreed upon date, or if the request is denied in whole or part, the requester will have available his full right of appeal under § 2.17, including the entire 20 workingday period for filing of the appeal. § 2.17 Appeals.

(a) Right of appeal. Where a request for records has been denied, in whole or part, the person submitting the request may appeal the denial to the Assistant Secretary-Program Development and

Budget.

(b) Time for appeal. An appeal must be received no later than twenty (20)

days (Saturdays, Sundays, and public legal holidays excepted) after the date of the initial denial, in the case of a denial of an entire request, or twenty (20) days (Saturdays, Sundays, and public legal holidays excepted) after records have been made available, in the case of a partial denial.

(c) Form of appeal. (1) An appeal shall be initiated by filing a written notice of appeal. The notice shall be accompanied by copies of the original request and the initial denial and should, in order to expedite the appellate process and give the requester an opportunity to present his arguments, contain a brief statement of the reasons why the requester believes the initial denial to have been in error.

(2) The appeal shall be addressed to Freedom of Information Act Officer, Office of the Assistant Secretary-Program Development and Budget, U.S. Department of the Interior, Washington, D.C. 20240.

(3) (i) Both the envelope containing the notice of appeal and the face of the notice shall bear the legend "FREEDOM OF INFORMATION APPEAL." The failure of an appeal to bear such a legend will not disqualify an appeal from processing under § 2.18 if the appeal otherwise meets the requirements of this section. An appeal not bearing the legend "FREEDOM OF INFORMATION APPEAL" will not, however, be deemed to have been received for purposes of the running of the time limit set out in § 2.18 until it has been identified by Department personnel as a Freedom of Information appeal and marked by them with this legend.

(ii) Department personnel identifying a communication from the public not bearing the legend "FREEDOM OF INFORMATION APPEAL" as an appeal otherwise meeting the requirements of this section shall immediately (A) mark the communication with the legend "FREEDOM OF INFORMATION APPEAL," (B) date the appeal to reflect the date on which it was identified, and (C) take steps to assure proper processing of the appeal under the procedures in this subpart.

(4) The Freedom of Information Act Officer shall be responsible for promptly furnishing copies of such notices to the Office of the Solicitor, the Office of Communications, and the appropriate program Assistant Secretary.

§ 2.18 Action on appeals.

(a) Authority. Appeals from initial denials of requests for records shall be decided for the Department by the Assistant Secretary-Program Development and Budget after consultation with the Solicitor, the Director of Communications and the appropriate program Assistant Secretary. If the initial denial appealed from was issued by an official required to be consulted by this paragraph, the Assistant Secretary-Program Development and Budget is not required to consult with that official.

(b) Time limit. A final determination on any appeal shall be made within 20 days (excepting Saturdays, Sundays, and public legal holidays) after receipt of the appeal.

(c) Extensions of time. (1) If the time limit for responding to the initial request for a record was not extended under the provisions of § 2.16(c) or was extended for fewer than 10 working days, the time for processing of the appeal may be extended by the Assistant Secretary-Program Development and Budget to the extent reasonably necessary to the proper processing of the appeal, but in no event may the extension, when taken together with any extension made during processing of the initial request, result in an aggregate extension with respect to any one request of more than 10 working days. The time for processing of an appeal may be extended only if one or more of the unusual circumstances listed in § 2.16(c) requires an extension.

(2) The Assistant Secretary-Program Development and Budget shall, in writing, advise the appellant of the reasons for the extension and the date on which a final determination on the appeal is expected to be dispatched.

(3) If no determination on the appeal has been reached at the end of the 20 working-day period for deciding an appeal, or the last extension thereof, the requester is deemed to have exhausted his administrative remedies, giving rise to a right of review in a district court of the United States as specified in 5 U.S.C. 552(a) (4). When no determination can be reached within the applicable time limit, the appeal will nevertheless continue to be processed. On expiration of the time limit the requester shall be informed of the reason for the delay, of the date on which a determination may be expected to be dispatched and of his

right to seek judicial review. The requester may be asked to consider delaying resort to his right to judicial review until the date on which the determination on his appeal is expected to be dispatched.

(d) Form of decision. (1) The final determination on an appeal shall be in writing and shall state the basis for the determination. If the determination is to release the requested records or portions thereof, the Assistant Secretary— Program Development and Budget shall immediately make the records available or instruct the appropriate bureau official to make them immediately available. If the determination upholds in whole or part the initial denial of a request for records, the determination shall advise the requester of his right to obtain judicial review in the United States District Court for the district in which the withheld records are located, or in which the requester resides or has his principal place of business or in the United States District Court for the District of Columbia, and shall set forth the names and titles or positions of each person responsible for the denial.

(2) If the determination is to release a requested record or portions thereof and the record was obtained by the Department from a person or entity outside of the Government, the Assistant Secretary-Program Development and Budget shall, when it is administratively feasible to do so, notify the person or entity of the release of the record.

(e) Distribution of copies. Copies of final determinations issued by the Assistant Secretary-Program Development and Budget shall be provided to the Office of the Solicitor, the Office of Communciations, and the appropriate program Assistant Secretary.

§ 2.19 Fees.

(a) Services for which fees may be charged. (1) Unless waived pursuant to the provisions of paragraph (c) of this section, user fees shall be charged for document search and duplication costs incurred in responding to requests for records. User fees also shall be charged for the formal certification of verification attached to authenticated copies of records under the seal of the Department or any bureau.

(2) Unless waived or reduced pursuant to paragraph (c) of this section, user fees shall be charged in accordance with

the schedule of charges contained in Appendix A to this Part.

(b) Services for which fees may not be charged. No fee may be charged for any services required by the Freedom of Information Act to be performed in responding to a request for records other than those services for which fees may be charged under subsection (a) of this section. Services for which no fees may be charged include, but are not limited to, (1) examining requested records to determine whether they are exempt from mandatory disclosure or whether, even if exempt, they should nevertheless be made available in whole or part, (2) deleting exempt matter from records so that the remaining portions of the records may be made available, (3) monitoring a requester's inspection of agency records made available to him for inspection, and (4) resolving legal and policy issues affecting access to requested records.

(c) Waiver or reduction of fees. (1) Fees otherwise chargeable for document search and duplication costs incurred in responding to requests for records shall be waived or reduced, as appropriate, if the official making the records available determines that furnishing the records can be considered as primarily benefiting the public as opposed to the requester.

(2) Fees otherwise applicable for document research and duplication costs incurred in responding to requests shall be waived and not charged if the request involves:

(i) furnishing unauthenticated copies of any documents reproduced for gratuitous distribution;

(ii) furnishing one copy of a personal document (e.g., a birth certificate) to a person who has been required to furnish it for retention by the Department;

(iii) furnishing one copy of the transcript of a hearing before a hearing officer in a grievance or similar proceeding to the employee for whom the hearing was held.

(3) Fees otherwise chargeable for document search and duplication costs incurred in responding to requests may be waived or reduced if the cost of collecting the fee would exceed the amount of the fee or if the request involves:

(i) furnishing records to press, radio and television representatives for dissemination through the media to the general public;

(ii) furnishing records to donors with respect to their gifts;

(iii) furnishing records to individuals or private non-profit organizations having an official voluntary or cooperative relationship with the Department to assist the individual or organization in its work with the Department;

(iv) furnishing records to state, local and foreign governments and public international organizations when to do so without charge is an appropriate courtesy, or when the recipient is carrying on a function related to that of the Department and to do so will help to accomplish the work of the Department;

(v) furnishing records when to do so saves costs and yields income equal to the direct cost of providing the records (e.g., where the Department's fee for the service would be included in a billing against the Department);

(vi) furnishing records when to do so is in conformance with generally established business custom (e.g., furnishing personal reference data to prospective employers of former Department employees);

(vii) furnishing one copy of a record in order to assist the requester to obtain financial benefits to which he is entitled (e.g., veterans or their dependents, employees with Government employee compensation claims or persons insured by the Government).

(d) Notice of anticipated fees and prepayment. (1) Where it is anticipated that fees chargeable under this section may amount to more than $25.00 and the requester has not indicated in advance his willingness to pay fees as high as are anticipated, the request shall be deemed not to have been received for purposes of the time limits established by § 2.16 until the requester is advised of the fees which are anticipated and has agreed to pay these fees. Advice to requesters with respect to anticipated fees shall be provided promptly.

(2) In appropriate cases, advance payment of fees may be required before requested records are made available to the requester.

(3) A notice of anticipated fees or notice of request for advance payment shall extend an offer to the requester to confer with appropriate personnel in an attempt to reformulate the request in a manner which will reduce the anticipated fees and meet the needs of the requester.

(e) Form of payment. Payment of fees should be made by check or money order payable to the Department of the Interior or the bureau furnishing the information. The term United States or the initials "U.S." should not be inIcluded on the check or money order. Where appropriate, the official responsible for handling a request may require that payment by check be made in the form of a certified check.

Subpart C-Declassification of Classified Documents

§ 2.41 Declassification of classified do e

uments.

(a) Request for classification review. (1) Requests for a classification review of a document of the Department of the Interior pursuant to section 5(c) of Executive Order 11652 (37 FR 5209, March 10, 1972) and section III B of the National Security Council Directive Governing Classification, Downgrading, Declassification and Safeguarding of National Security Information (37 FR 10053, May 1972) shall be made in accordance with the procedures established by this section.

(2) Any person desiring a classification review of a document of the Department of the Interior containing information classified as National Security Information by reason of the provisions of Executive Order 11652 (or any predecessor executive order) and which is more than 10 years old, should address such request to the Chief, Division of Enforcement and Security Management, Office of Management Operations, U.S. Department of the Interior, Washington, D.C. 20240.

(3) Requests need not be made on any special form, but shall, as specified in the executive order, describe the document with sufficient particularity to enable identification of the document requested with expenditure of no more than a reasonable amount of effort.

(4) Charges for locating and reproducing copies of records will be made when deemed applicable in accordance with Appendix A to this Part and the requester will be notified.

(b) Action on requests for classification review. (1) The Chief, Division of Enforcement and Security Management, shall, unless the request is for a document over 30 years old, assign the request to the bureau having custody of the requested records for action. In the case of requests for declassification of