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§ 2.14(a) to receive the request, the of- Office of the Solicitor, the Office of ficer receiving a request shall prompt Communications, and the appropriate ly transmit the request to the appro- program Assistant Secretary. priate installation and shall notify the (e) Treatment of delay as denial. (1) requester in writing of this action. If no determination has been reached

(c) Extensions of time. In the follow at the end of the 10-day period for deing unusual circumstances, the time ciding an initial request, or the last exlimit for acting upon an initial request tension thereof, the requester may may be extended to the extent reason deem his request denied and may exerably necessary to the proper process- cise a right of appeal in accordance ing of the particular request, but in no with the provisions of g 2.17. case may the time limit be extended (2) When no determination can be for more than 10 working days:

reached within the applicable time (1) The need to search for and col- limit, the responsible official shall lect the requested records from field nevertheless continue to process the facilities or other establishments that request. On expiration of the time are separate from the office processing

limit, the responsible official shall the request;

inform the requester of the reason for (2) the need to search for, collect, the delay, of the date on which a deand appropriately examine a volumi termination may be expected to be disnous amount of separate and distinct patched, and of his right to treat the records which are demanded in a delay as a denial for purposes of single request; or

appeal to the Assistant Secretary-Ad(3) the need for consultation, which ministration and Management in acshall be conducted with all practicable

cordance with $ 2.17. The requester speed, with another agency having a may be asked to consider delaying use substantial interest in the determina

of his right to appeal until the date on tion of the request or among two or which the determination is expected more components of the agency to be dispatched. If the requester so having substantial subject-matter in agrees, he is deemed not to have treatterest therein.

ed the failure to respond within the (d) Authority to make extensions. (1) applicable time limit as a denial for į An extension of time under paragraph purposes of the running of the 20 (c) of this section may be made only

working-day appeal period set out in by the head of a field installation or

$ 2.17(b). If a determination on the resuch higher authority as the head of a quest is not issued by the new agreed bureau has in writing designated, if

upon date, or if the request is denied the records requested are located in a in whole or part, the requester will field installation, or by the head of a

have available his full right of appeal bureau or an official whom the head under $ 2.17, including the entire 20 of the bureau has in writing designat

working-day period for filing of the ed, if the records are located in the

appeal. headquarters installation of a bureau. (2) The person requesting the re

[40 FR 7305, Feb. 19, 1975, as amended at 41 cords shall be notified in writing of

FR 51401, Nov. 22, 1976) the extension. The written notice shall state the reason for the extension and

§ 2.17 Appeals. the date on which a determination on (a) Right of appeal. Where a request the request is expected to be dis- for records has been denied, in whole patched.

or part, the person submitting the re(3) A copy of the written notice shall quest may appeal the denial to the Asbe forwarded to the Freedom of Infor- sistant Secretary-Administration and mation Act Officer, Officer of the As- Management. sistant Secretary-Administration and (b) Time for appeal. An appeal must Management, U.S. Department of the be received no later than twenty (20) Interior, Washington, D.C. 20240. The days (Saturdays, Sundays, and public Freedom of Information Act Officer legal holidays excepted) after the date shall be responsible for promptly fur- of the initial denial, in the case of a nishing copies of such notices to the denial of an entire request, or twenty

(20) days (Saturdays, Sundays, and (40 FR 7305, Feb. 19, 1975, as amended at 41 public legal holidays excepted) after

FR 51401, Nov. 22, 1976) records have been made available, in the case of a partial denial.

8 2.18 Action on appeals. (c) Form of appeal. (1) An appeal (a) Authority. Appeals from initial shall be initiated by filing a written denials of requests for records shall be notice of appeal. The notice shall be decided for the Department by the Asaccompanied by copies of the original sistant Secretary-Administration and request and the initial denial and Management after consultation with should, in order to expedite the appel- the Solicitor, the Director of Commulate process and give the requester an nications and the appropriate program opportunity to present his arguments, Assistant Secretary. If the initia! contain a brief statement of the rea denial appealed from was issued by an sons why the requester believes the official required to be consulted by initial denial to have been in error. this paragraph, the Assistant Secre

(2) The appeal shall be addressed to tary-Program Development and Freedom of Information Act Officer, Budget is not required to consult with Office of the Assistant Secretary-Ad- that official. ministration and Management, U.S. (b) Time limit. A final determination Department of the Interior, Washing- on any appeal shall be made within 20 ton, D.C. 20240.

days (excepting Saturdays, Sundays, (3)(i) Both the envelope containing and public legal holidays) after receipt the notice of appeal and the face of of the appeal. the notice shall bear the legend (c) Extensions of time. (1) If the "FREEDOM ON INFORMATION time limit for responding to the initial APPEAL.” The failure of an appeal to request for a record was not extended bear such a legend will not disqualify under the provisions of g 2.16(C) or was an appeal from processing under $2.13 extended for fewer than 10 working if the appeal otherwise meets the re- days, the time for processing of the quirements of this section. An appeal appeal may be extended by the Assistnot bearing the legend "FREEDCM an, Secretary--Administration and OF INFORMATION APPEAL” will Management to the extent reasonably not, however, be deemed to have been necessary to the proper processing of received for purposes of the running the appeal, but in no event may the of the time limit set out in $ 2.18 until extension, when taken together with it has been identified by Department any extension made during processing personnel as a Freedom of Informa of the initial request, result in an agtion appeal and marked by them with gregate extension with respect to any this legend.

one request of more than 10 working (ii) Department personnel identify days. The time for processing of an ing a communication from the public appeal may be extended only if one or not bearing the legend "FREEDOM more of the unusual circumstances OF INFORMATION APPEAL” as an listed in $ 2.16(c) requires an extenappeal otherwise meeting the require- sion. ments of this section shall immediate (2) The Assistant Secretary-Adminly (A) mark the communication with istration and Management shall, in the legend "FREEDOM OF INFOR- writing, advise the appellant of the MATION APPEAL,(B) date the reasons for the extension and the date appeal to reflect the date on which it on which a final determination on the was identified, and (C) take steps to appeal is expected to be dispatched. assure proper processing of the appeal (3) If no determination on the under the procedures in this subpart. appeal has been reached at the end of

(4) The Freedom of Information Act the 20 working-day period for deciding Officer shall be responsible for an appeal, or the last extension therepromptly furnishing copies of such no of, the requester is deemed to have extices to the Office of the Solicitor, the hausted his administrative remedies, Office of Communications, and the ap- giving rise to a right of review in a dispropriate program Assistant Secre- trict court of the United States as tary.

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-Administration and Management 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-Administration and Management 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-Administration and Management shall be provided to the Officer of the Solicitor, the Office of Communications, and the appropriate program Assistant Secretary. [40 FR 7305, Feb. 19, 1975, as amended at 41 FR 51401, Nov. 22, 1976)

$ 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 person. (d) Notice of anticipated fees and al document (e.g., a birth certificate) prepayment. (1) Where it is anticipatto a person who has been required to ed that fees chargeable under this secfurnish it for retention by the Depart tion may amount to more than $25.00 ment;

and the requester has not indicated in (iii) Furnishing one copy of the tran advance his willingness to pay fees as script of a hearing before a hearing of high as are anticipated, the request ficer in a grievance or similar proceed shall be deemed not to have been reing to the employee for whom the ceived for purposes of the time limits hearing was held.

established by $ 2.16 until the request(3) Fees otherwise chargeable for er is advised of the fees which are andocument search and duplication costs ticipated and has agreed to pay these incurred in responding to requests fees. Advice to requesters with respect may be waived or reduced if the cost to anticipated fees shall be provided of collecting the fee would exceed the

promptly. amount of the fee or if the request in (2) In appropriate cases, advance volves:

payment of fees may be required (i) Furnishing records to press, radio before requested records are made and television representatives for dis

available to the requester. semination through the media to the (3) A notice of anticipated fees or general public;

notice of request for advance payment (ii) Furnishing records to donors

shall extend an offer to the requester with respect to their gifts;

to confer with appropriate personnel (iii) Furnishing records to individ

in an attempt to reformulate the reuals or private non-profit organiza

quest in a manner which will reduce tions having an official voluntary or

the anticipated fees and meet the cooperative relationship with the De

needs of the requester. partment to assist the individual or or

(e) Form of payment. Payment of ganization in its work with the Depart

fees should be made by check or ment;

money order payable to the Depart(iv) Furnishing records to state, local

ment of the Interior or the bureau and foreign governments and public

furnishing the information. The term international organizations when to do

United States or the initials “U.S.” so without charge is an appropriate

should not be included on the check or courtesy, or when the recipient is car

money order. Where appropriate, the rying on a function related to that of

official responsible for handling a rethe Department and to do so will help

quest may require that payment by to accomplish the work of the Depart

check be made in the form of a certiment;

fied check. (v) Furnishing records when to do so saves costs and yields income equal to

§ 2.20 Special rules governing certain inthe direct cost of providing the records

formation concerning coal obtained (e.g., where the Department's fee for

under the Mineral Leasing Act. the service would be included in a billing against the Department);

(a) Definition. As used in the sec(vi) Furnishing records when to do

tion: so is in conformance with generally es

h generally es. (1) “Act" means the Mineral Leasing tablished business custom (e.g., Fur

Act of February 25, 1920, as amended nishing personal reference data to by the Act of August 4, 1976, Pub. L. prospective employers of former De 94-377, 90 Stat. 1083 (30 U.S.C. 181 et partment employees);

seq.), and the Mineral Leasing Act for (vii) Furnishing one copy of a record Acquired lands, as amended (30 U.S.C. in order to assist the requester to 351 et seq.) obtain financial benefits to which he (2) “Exploration license" means a liis entitled (e.g., veterans or their de cense issued by the Secretary of the pendents, employees with Government Interior to conduct coal exploration employee compensation claims or per operations on land subject to the Act sons insured by the Government).

pursuant to the authority in section 2

(b) of the Act, as amended (30 U.S.C. mines that release of the information 201(b)).

to the public would not damage the (3) “Fair-market value of coal to be competitive position of the holder of leased” means the minimum amount the exploration license, whichever of a bid the Secretary has determined comes first. he is willing to accept in leasing coal (2) Category B-Information. Catewithin leasing tracts offered in general gory B information shall not be withlease sales or reserved and offered for held from the public; it will be made lease to public bodies, including Feder available by means of and at the time al agencies, rural electric cooperatives,

of open filing or publication by Geoor non-profit corporations controlled logical Survey. by any of such entities pursuant to (3) Category C- Information. Catesection 2(a) of the Act (30 U.S.C.

gory C information shall not be made 201(a)(1)).

available to the public until after the (4) "Information" means data, statis

areas to which the information pertics, samples and other facts, whether

tains have been leased by the Departanalyzed or processed or not, pertain

ment. ing to Federal coal resources, which fit

(4) Category D-Information. Catewithin an exemption to the Freedom

gory D information shall be made of Information Act, 5 U.S.C. § 552(b).

available to the public under the (b) Applicability. This section ap

terms and conditions to which, at the plies to the following categories of in

time he acquired it, the head of the formation:

department or agency from whom the (1) Category A. Information provided

Secretary later obtained the informato or obtained by a bureau under sec

tion agreed. tion 2(b)(3) of the Act from the holder

(5) Category E-Information. Cateof an exploration license;

gory E information shall not be made (2) Category B. Information acquired

public until the lands to which the infrom commercial or other sources

formation pertains have been leased, under service contract with Geological

or until the Secretary has determined Survey pursuant to section 8A(b) of

that its release prior to the issuance of the Act, and information developed by

a lease is in the public interest. the Geological Survey under an exploratory program authorized by sec [43 FR 15155 Apr. 11, 1978) tion 8A of the Act; (3) Category C. Information ob

Subpart C-Declassification of tained from commercial sources which

Classified Documents the commercial source acquired while not under contract with the United

$ 2.41 Declassification of classified docuStates Government; (4) Category D. Information pro

ments. vided to the Secretary by a federal de (a) Request for classification review. partment or agency pursuant to sec (1) Requests for a classification review tion 8A(e) of the Act; and

of a document of the Department of (5) Category E. The fair-market the Interior pursuant to section 5(c) of value of coal to be leased and com Executive Order 11652 (37 FR 5209, ments received by the Secretary with March 10, 1972) and section III B of respect to such value.

the National Security Council Direc(c) Availability of Information. In tive Governing Classification, Downformation obtained by the Depart grading, Declassification and Safement from various sources will be guarding of National Security Informade available to the public as fol- mation (37 FR 10053, May 1972) shall lows:

be made in accordance with the proce(1) Category A-Information. Cate dures established by this section. gory A information shall not be dis- (2) Any person desiring a classificaclosed to the public until after the tion review of a document of the Deareas to which the information per- partment of the Interior containing intains have been leased by the Depart- formation classified as National Secument, or until the Secretary deter- rity Information by reason of the pro

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