partment, a brief statement by the Department summarizing its reasons for refusing to amend the record; (iv) That prior recipients of the challenged record will be provided a copy of any statement of dispute to the extent that an accounting of disclosure was maintained; and (v) of his or her right to seek judicial review of the Department's refusal to amend the record. (3) If the determination reverses, in whole or part, the initial decision rejecting the petitioned for amendment, the system manager responsible for the system containing the challenged record shall be directed to: (i) Amend the challenged record accordingly; and (ii) If an accounting of disclosure has been made, advise all previous recipients of the record which was amended of the amendment and its substance. § 2.76 § 2.77 [Reserved] Statements of disagreement. (a) Filing of statements. If the determination of the Assistant SecretaryManagement under § 2.75 rejects in whole or part, a petitioned for amendment, the individual submitting the petition may file with the system manager for the system containing the challenged record a concise written statement setting forth the reasons for his disagreement with the determination of the Department. (b) Disclosure of statements. In any disclosure of a record containing information about which an individual has filed a statement of disagreement under this section occurring after the filing of the statement, the disputed portion of the record will be clearly noted and the recipient shall be provided copies of the statement of disagreement. If appropriate, a concise statement of the reasons of the Department for not making the requested amendments may also be provided to recipient. (c) Maintenance of statements. System managers shall develop procedures to assure that statements of disagreement filed with them shall be maintained in such a way as to assure dissemination of the statements to recipients of the records to which they pertain. suant to 5 U.S.C. § 552a (j) (2) the following systems of records have been exempted from all of the provisions of 5 U.S.C. 552a and the regulations in this subpart except subsections (b), (c) (1), and (2), (e) (4) (A) through (F), (e) (6), (7), (9), (10), and (11) and (i) of 5 U.S.C. 552a and the portions of the regulations in this subpart implementing these subsections: (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. (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 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) Investigative Records, Interior/ Office of the Secretary-6. (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) Special Investigations, Coal Mine Health and Safety, Interior/MESA-10. (7) Employee Conduct Investigations, Interior/MESA-4. (8) Employee Financial Irregularities, Interior/NPS-17. (9) Trespass Cases, Interior/Reclamation-37. (10) Litigation, Appeal and Case Files System, Interior/Office of the Solicitor1 to the extent that it consists of investigatory material compiled for law enforcement purposes. (c) Investigatory records exempt under 5 U.S.C. 552a(k) (5). Pursuant to 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) Applicant Files System, Interior/ Office of the Secretary-29. (2) National Research Council Grants Program, Interior/GS-9. Subpart E-Compulsory Process and § 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 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 locating and making available records or copies thereof in connection with requests made under the Freedom of Information Act. It also states the fees to be charged for certification of documents. (1) Photo copies, basic fee. For photo copies of documents other than documents requiring special handling because of their age or unusual dimensions: $0.25 for the first page of copy, $0.05 for each page of copy thereafter reproduced on a standard office duplicating machine, in size up to 81⁄2" x 13''. (2) Photo copies, documents requiring special handling. For photo copies of documents which require special handling because of their age: $0.25 for the first page of copy, $0.10 for each page of copy thereafter reproduced on a standard office duplicating machine, in size up to 81⁄2" x 13''. (3) [Reserved]. (4) [Reserved]. (5) Clerical searches. For each quarter hour, or portion thereof, spent by clerical personnel in locating a requested record or records: $1.10. (6) Nonclerical searches. For each quarter hour, or portion thereof, spent by professional or managerial personnel in locating a requested record or records where the search cannot be performed by clerical personnel: $2.10. (7) [Reserved]. (8) Certification. For each certificate of verification attached to authenticated copies of records furnished to the public: $0.25. (9) [Reserved]. (10) Computerized records, computer time charges. For services in processing requests for records maintained in computerized form (includes personnel cost): (a) CDC 6500. (i) Batch use, central processing unit per hour, $160.00. (ii) Batch use, Input/Output, per hour, $138.00. (iii) Remote Terminals, central processing unit, per hour, $160.00. (iv) Remote Terminals, Input/Output, per hour, $250.00. (v) Remote Terminals, connect time, per hour, $5.00. (vi) Plotters, $24.00. (b) Burroughs 5500 (1) Computer time, per hour, $66.00. (c) CYBER 74-28 (i) Central Memory, kiloword hour, $10.53. (ii) Extended Core Storage, kiloword hour, $5.92. (iii) Mass Storage, Input/Output, per 1000 physical records, $0.07. (iv) Central processor, per second, $0.10. (v) Magnetic Tape, Input/Output, per 1000 physical records, $3.01. (vi) Card Input, per 1000 cards, $0.85. (vii) Card Output, per 1000 cards, $11.75. (viii) Printer, per 1000 lines, $0.66. (ix) Interactive Terminal, connect time, per hour, $3.60. (d) IBM 1130 (1) Computer time, per hour, $25.00. (e) IBM 1620 (1) Computer time, per hour, $15.00. (f) NCR 200 (i) In house batch, per hour, $19.00. (ii) Remote batch, per hour, $22.00. (g) DEC 1070 (1) Basic charge for batch processing. $4.00 per job plus $2.16 per 1000 disk accesses plus $260.00 per hour central processor charge. (ii) Core use charge. In addition to the basic charges, a core use charge is added to each job. This charge is computed using the following formula: CPU Charge under paragraph (i) multiplied by Words of Core, divided by 25,000. (iii) Terminal Access by COPE 1200. Basic DEC 1070 charges plus $1.00 per job plus $20.00 per COPE 1200 machine resource unit, defined as follows: Lines printed, divided by 13,333, plus cards read, divided by 5,556, plus cards punched, divided by 2,500. (iv) Terminal access by Data 110 Model 78. Basic DEC 1070 charges plus $1.00 per job plus $20.00 per model 78 machine resource unit, defined as follows: Lines printed, divided by 12,300, plus cards read, divided by 7,000, plus cards punched, divided by 4,500. (v) The basic batch processing charge in paragraph (1) is based on highest priority use of the computer. Unless otherwise requested, Freedom of Information requests shall be processed on this basis. If the requester so specifies, a request will be processed on the following basis: $2.00 per job plus $1.26 per 1000 disk accesses plus $260 00 per hour central processor charge. (h) IBM 360/65 and 370/155. (1) Basic charge for batch processing. $16.00 per job plus $33.03 per 1000 tape access plus $11.01 per 1000 disk access plus $3.67 per 1000 drum accesses plus $1320.00 per hour central processor charge. (ii) Core use charge. (A) If in any Job Step the amount of core reserved exceeds the amount of core used by more than 20K, the basic charges are increased for every Job Step by 1% for each 1K of such excess core reserved. If the excess condition exists in more than one Job Step, the maximum excess is applied to the charges for all Job Steps. The minimum charge is $10.00. (iii) The basic batch processing charge in paragraph (i) is based on highest priority use of the computer. Unless otherwise requested, Freedom of Information requests shall be processed on this basis. If the requester so specifies, a request will be processed on any one of seven lower priority bases. The charge for each priority basis is as follows: (A) Priority A. $7.50 per job plus $21.96 per 1000 tape accesses plus $7.32 per 1000 disk accesses plus $2.44 per 1000 drum accesses plus $880.00 per hour central processor charge. (B) Priority B and C. $3.00 plus $10.98 plus $3.66 plus $1.22 plus $440.00 per hour central processor charge. (C) Pricrity D and E. $1.50 plus $6.48 plus $2.60 plus $0.72 plus $260.00 per central processor charge. (D) Priority F. $1.00 plus $3.24 plus $1.08 plus $0.36 plus $130.00 per central processor charge. (11) Computerized records, materials. For materials used in processing requests for records maintained in computerized form: (a) Paper. $7.00 per 1000 sheets. (b) Cards. $1.60 per 1000 cards. (12) [Reserved] (13) [Reserved] (14) Other services. When a response to a request requires services or materials other than the common ones 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 dates. This schedule applies to all requests made under the Freedom of Information Act between February 19, 1975 and November 30, 1975, inclusive. [40 FR 7450, Feb. 20, 1975] APPENDIX B-HEADS OF BUREAUS AND OFFICES OF THE DEPARTMENT OF THE INTERIOR 1. Heads of Bureaus and Offices of the Department of the Interior. (The address for all bureaus and offices, unless otherwise in-. dicated, is U.S. Department of the Interior, Washington, D.C. 20240.) Secretary of the Interior Director U.S. Geological Survey Bureau of Indian Affairs Bureau of Land Management Bureau of Mines Mining Enforcement and Safety Administration Director National Park Service Director Bureau of Outdoor Recreation Bureau of Reclamation U.S. Fish and Wildlife Service |