(b) That, if he is the partner of a present or former officer or employee, including a special Government employee, the matter in respect of which he intends to practice is not a matter in which such officer or employee of the Government or special Government employee praticipates or has participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise and that the matter is not the subject of such partner's official Government responsibility;

(c) That, if he is a former officer or employee, including a special Government employee, the matter in respect of which he intends to practice is not a matter in which he participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, while so employed and, if a period of one year has not passed since the termination of his employment with the Government, that the matter was not under his official responsibility as an officer or employee of the Government; and

(d) That he has read the paper; that to the best of his knowledge, information, and belief there is good ground to support its contents; that it contains no scandalous or indecent matter; and that it is not interposed for delay.

§ 1.6 Disciplinary proceedings.

(a) Disciplinary proceedings may be instituted against anyone who is practicing or has practiced before the Department on grounds that he is incompetent, unethical, or unprofessional, or that he is practicing without authority under the provisions of this part, or that he has violated any provisions of the laws and regulations governing practice before the Department, or that he has been disbarred or suspended by any court or administrative agency. Individuals practicing before the Department should observe the Canons of Professional Ethics of the American Bar Association and those of the Federal Bar Association, by which the Department will be guided in disciplinary matters.

(b) Whenever in the discretion of the Solicitor the circumstances warrant consideration of the question whether disciplinary action should be taken against an individual who is practicing or has

practiced before the Department, the Solicitor shall appoint a hearing officer to consider and dispose of the case. The hearing officer shall give the individual adequate notice of, and an opportunity for a hearing on, the specific charges against him. The hearing shall afford the individual an opportunity to present evidence and cross-examine witnesses. The hearing officer shall render a decision either (1) dismissing the charges, or (2) reprimanding the individual or suspending or excluding him from practice before the Department.

(c) Within 30 days after receipt of the decision of the hearing officer reprimanding, suspending, or excluding an individual from practice before the Department, an appeal may be filed with the Solicitor, whose decision shall be final.

Records of the Department of the Interior which are available to the public may be inspected or copied by any person during the normal business hours at the office in which the records are located. Requests to inspect or to obtain copies of records shall be handled as promptly as possible with due regard for the dispatch of other public business. While there is no general requirement that requests to inspect must be in writing, applicants may be required to file written requests in instances in which such action will assist in the search for the records sought or in the orderly filling of such requests. A request to inspect or to obtain copies of a record must contain a reasonably specific description of the records sought.

(a) Section 552 of Title 5, U.S. Code, as amended by Public Law 90-23 (the act codifying the "Public Information Act") requires that identifiable agency records be made available for inspection. Subsection (b) of section 552 exempts several categories of records from the general requirement but does not require the withholding from inspection of all records which may fall within the categories exempted. Accordingly, no request made of a field office to inspect a record shall be denied unless the head of the office or such higher field authority as the head of the bureau may designate shall determine (1) that the record falls within one or more of the categories exempted and (2) either that disclosure is prohibited by statute or Executive order or that sound grounds exist which require the invocation of the exemption. A request to inspect a record located in the headquarters office of a bureau shall not be denied except on the basis of a similar determination made by the head of the bureau or his designee, and a request made to inspect a record located in a major organizational unit of the Office

1 Subsection (b) of section 552 provides that:

(b) This section does not apply to matters that are

(1) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(2) Related solely to the internal personnel rules and practices of an agency;

(3) Specifically exempted from disclosure by statute;

(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) Interagency 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;

(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(7) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency;

(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) Geological and geophysical information and data, including maps, concerning wells.

of the Secretary shall not be denied except on the basis of a similar determination by the head of that unit. Officers and employees of the Department shall be guided by the "Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act" of June 1967.

(b) An applicant may appeal from a determination that a record is not available for inspection to the Solicitor of the Department of the Interior, who may exercise all of the authority of the Secretary of the Interior in this regard. The Deputy Solicitor may decide such appeals and may exercise all of the authority of the Secretary in this regard.

(c) All replies by officers or employees of the Department of the Interior to written requests denying a member of the public an opportunity to inspect or receive copies of records of the Department shall advise the applicant, in writing, of the reason for the denial and of the right of appeal to the Solicitor. A copy of all such replies shall be forwarded to the U.S. Department of the Interior, Office of the Solicitor, Washington, D.C. 20240.

[32 F.R. 9974, July 7, 1967, as amended at 37 F.R. 15865, Aug. 8, 1972]

(a) No charge shall be made for the inspection of any record available pursuant to the provisions of section 2.4. No charge shall be made in connection with requests to inspect identifiable records in those instances involving no search or only a nominal search for the records. In those instances in which a request to inspect a record requires more than a nominal search, a charge shall be made (in accordance with the policy of Bureau of the Budget Circular A-25, "User Charges") which covers the cost of the service.

(b) Except as otherwise provided in this section, a charge shall be made for a copy of a record. Such charge shall be at a rate that recovers the full cost of rendering the service in accordance with the policy of Bureau of the Budget Circular A-25, "User Charges."

(c) A charge of 25 cents may be made for each certificate or verification attached to authenticated copies of records furnished to the public.

(d) No charge shall be made for furnishing unauthenticated copies of any opinions, regulations, or instruc

tions reproduced for gratuitous distribution.

(e) No charge shall be made for the making or verifying of copies of records which are required for official use by the officers of any branch of the Government.

(f) No charge shall be made for 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.

(g) A copy of the transcript of a hearing before a hearing board in an adverse action or grievance proceeding shall be furnished without charge to the employee for whom the hearing was held.

(h) Money received from the collection of charges fixed under this section shall be deposited in the Treasury to the credit of the appropriation current and chargeable for the cost of furnishing the copies.

(i) Copies of records may be provided free:

(1) To press, radio, television, and newsreel representatives for dissemination to the general public.

(2) To donors with respect to the original of their gift, individuals or associations having an official voluntary or cooperative relationship to an agency in rendering assistance toward its work, or national governments and international agencies when furnishing the service without charge is an appropriate courtesy.

(3) To agencies of State and local governments which are carrying on a function related to that of the Federal agency involved, when furnishing the service will help to accomplish an objective of the Federal agency.

(4) When furnishing the service free saves costs or yields income equal to the direct costs of the agency providing the service. This category includes cases where the fee for the service would be included in a billing against the Government (for example, in cost-type contracts, or in the case of private physicians who are treating Government beneficiaries at Government expense).

(5) When furnishing the service free is in conformance with generally established business custom, such as furnishing personal reference data to prospective employers of former Government employees.

(6) To the extent of one copy, to those who require copies of records or informa

tion from the records in order to obtain financial benefits to which they may be entitled (e.g., veterans or their dependents, employees with workmen's compensation claims, or persons insured by the Government).

§ 2.4 Opinions in adjudications of cases; administrative manuals.

(a) (1) Copies of final decisions and orders issued on and after July 1, 1970, in the following categories of cases are available for inspection and copying in the Office of Hearings and Appeals, Ballston Building No. 3, 4015 Wilson Boulevard, Arlington, Va. 22203:

(1) Contract appeals;

(ii) Appeals from decisions rendered by departmental officials relating to the use and disposition of public lands and their resources and the use and disposition of mineral resources in certain acquired lands of the United States and in the submerged lands of the Outer Continental Shelf;

(iii) Appeals from orders and decisions issued by departmental officials and hearing examiners in proceedings relating to mine health and safety; and

(iv) Appeals from orders and decisions of hearing examiners in Indian probate matters other than those involving estates of Indians of the Five Civilized Tribes and Osage Indians.

(2) Copies of final opinions and orders issued in the following categories of cases are available for inspection and copying in the Docket and Records Section, Office of the Solicitor, Interior Building, Washington, D.C. 20240:

(1) Tort claims decided in the headquarters office of the Office of the Solicitors, and appeals from decisions of Regional Solicitors or Field Solicitors on tort claims;

(ii) Irrigation claims under Public Works Appropriation Acts (e.g., 79 Stat. 1103) or 25 U.S.C. section 388 decided in the headquarters office of the Office of the Solicitor, and appeals from decisions of Regional Solicitors on irrigation claims;

(iii) Appeals under § 2.2 respecting availability of records;

(iv) Appeals from decisions of officials of the Bureau of Indian Affairs, and Indian enrollment appeals; and

(v) Appeals from decisions of officers of the Bureau of Land Management and of the Geological Survey in proceedings relating to lands or interests in land, contract appeals, and appeals in Indian pro

bate proceedings, issued prior to July 1, 1970.

(3) An Index-Digest is issued by the Department. All decisions, opinions and orders issued in the categories of cases described in subdivisions (i), (ii), and (iii) of subparagraph (1) of this paragraph (that is, contract appeals, land appeals, and mine health and safety appeals), are covered in the Index-Digest; in addition, the Index-Digest covers the more important decisions, opinions and orders in the remaining categories of cases described in subdivision (iv) of subparagraph (1) of this paragraph and in subdivisions (i), (ii), (iii), and (iv) of subparagraph (2) of this paragraph, and the more important opinions of law issued by the Office of the Solicitor. The Index-Digest is available for use by the public in the Office of Hearings and Appeals, Ballston Building No. 3, 4015 Wilson Boulevard, Arlington, Va. 22203, in the Docket and Records Section, Office of the Solicitor, Interior Building, Washington, D.C. 20240, and in the offices of the Regional Solicitors and Field Solicitors. Selected decisions, opinions and orders are published in a series entitled "Decisions of the United States Department of the Interior" (cited as I.D.), and copies may be obtained by subscription from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(4) Copies of final opinions and orders issued by Regional Solicitors on tort claims and irrigation claims, and copies of final opinions and orders on appeals in Indian probate proceedings issued by Regional Solicitors prior to July 1, 1970, are available for inspection and copying in their respective offices. Copies of final opinions and orders issued by Field Solicitors on tort claims are available for inspection and copying in their respective offices.

(b) (1) Copies of final decisions and orders issued prior to July 1, 1970, on appeals to the Director, Bureau of Land Management, and by hearing examiners of the Bureau of Land Management, in proceedings relating to lands and interests in land are available for inspection and copying in the Office of Hearings and Appeals, Ballston Building No. 3, 4015 Wilson Boulevard, Arlington, Va. 22203, and in the offices of the Departmental hearing examiners.

(2) Copies of final decisions, opinions and orders issued on and after July 1, 1970, by departmental hearing examin

ers in all proceedings before them are available for inspection and copying in their respective offices and in the Office of Hearings and Appeals, Ballston Building No. 3, 4015 Wilson Boulevard, Arlington, Va. 22203.

(3) Copies of final decisions, opinions and orders issued by hearing examiners in Indian probate proceedings are available for inspection and copying in their respective offices.

(c) Copies of final opinions and orders issued in cases pertaining to applications for subsidies for the construction of fishing vessels are available for inspection and copying in the Branch of Grants and Loans, Bureau of Commercial Fisheries, Washington, D.C.

(d) Copies of final opinions and orders issued by the Oil Import Appeals Board are available for inspection and copying in the Office of Hearings and Appeals, Ballston Building No. 3, 4015 Wilson Boulevard, Arlington, VA 22203.

(e) The Departmental Manual is available for inspection in the Departmental Library, Interior Building, Washington, D.C., and at each of the regional offices of bureaus of the Department. The administrative manuals of those bureaus which have issued such documents are available for inspection at the headquarters offices and at the regional offices of the bureaus.

[32 F.R. 9974, July 7, 1967, as amended at 35 F.R. 14697, Sept. 22, 1970; 37 F.R. 2677, Feb. 4, 1972]

§ 2.5 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 § 2.2 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 part.

(b) The Solicitor of the Department of the Interior and the Deputy Solicitor may exercise all of the authority of the Secretary of the Interior under this section.

§ 2.6 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 and the Deputy Solicitor may exercise all of the authority of the Secretary of the Interior under this section.

§ 2.7 Definition.

As used in the regulations in this part, the term "bureau" includes the other Departmental offices.

APPENDIX

OFFICE OF HEARINGS AND APPEALS--
FIELD OFFICES

Departmental Hearing Examiners:

(1) Sacramento, Calif., Federal Building. (2) Salt Lake City, Utah, Federal Building. Hearing Examiners (Indian Probate):

(1) Phoenix, Ariz., Arizona Title Annex Building.

(2) Sacramento, Calif., Federal Building. (3) Denver, Colo., Denver Federal Center. (4) Minneapolis, Minn., Buzza Building. (5) Billings, Mont., Federal Building and Courthouse.

(6) Gallup, N. Mex., V.E.M. Building. (7) Tulsa, Okla., U.S. Post Office and Federal Office Building.

(8) Portland, Oreg., Federal Building.

84-002-72-2

OFFICE OF THE SOLICITOR-FIELD OFFICES

Anchorage Region

Regional Solicitor; Anchorage, Alaska, Federal Building.

Field Solicitor; Juneau, Alaska, U.S. Post Office and Courthouse.

Denver Region

Regional Solicitor; Denver, Colo., Denver Federal Center.

Field Solicitor; Aberdeen, S. Dak., Federal Building.

Field Solicitor; Albuquerque, N. Mex., Federal Building and Courthouse.

Field Solicitor; Billings, Mont., Federal Building and Courthouse.

Field Solicitor; Cheyenne, Wyo., Joseph C. O'Mahoney Federal Center.

Field Solicitor; Twin Cities, Minn., Federal Building, Fort Snelling.

Field Solicitor; Santa Fe, N. Mex., U.S. Courthouse.

Los Angeles Region

Regional Solicitor; Los Angeles, Calif., 7759 Federal Building.

Field Solicitor; Phoenix, Ariz., Arizona Title Annex Building.

Field Solicitor; Reno, Nev., 2004 Federal Building-U.S. Courthouse.

Philadelphia Region

Regional Solicitor; Philadelphia, Pa., Second Bank Building.

Portland Region

Regional Solicitor; Portland, Oreg., Federal Building.

Field Solicitor; Boise, Idaho, Federal Building-U.S. Courthouse.

Field Solicitor; Ephrata, Wash., Reclamation Building.

Sacramento Region

Regional Solicitor; Sacramento, Calif., Federal Building.

Field Solicitor; San Francisco, Calif., 450 Golden Gate Avenue.

Attorney-Advisor; Palm Springs, Calif., 587 South Palm Canyon Drive.

Salt Lake City Region

Regional Solicitor; Salt Lake City, Utah, Federal Building.

Tulsa Region

Regional Solicitor; Tulsa, Okla., Federal Building, U.S. Post Office and Courthouse. Field Solicitor; Amarillo, Tex., 1106 Herring Plaza.

Field Solicitor; Anadarko, Okla., 121 Northwest Second Street.

Trial Attorney; Durant, Okla., U.S. Post Office and Courthouse.

Field Solicitor; Muskogee, Okla., Federal Building.

Field Solicitor; Pawhuska, Okla., c/o Osage Indian Agency.

Field Solicitor; Elberton, Ga., First National Bank Building.

[35 F.R. 14697, Sept. 22, 1970]