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(3) Specifically exempted from dis- ords or materials may be located withclosure by statute;

out undue search or inquiry. (4) Trade secrets and commercial or (b) Requests which reasonably definancial information obtained from a scribe the records or materials sought person and privileged or confidential; should be directed to the Public Infor

(5) Inter-agency or intra-agency mation Officer, Water Resources memorandums or letters which would Council, Suite 800, 2120 L Street NW., not be available by law to a party Washington, D.C. 20037. other than an agency in litigation with (c) To insure that requests for inforthe agency;

mation are processed as expeditiously (6) Personnel and medical files and as possible, all Freedom of Informasimilar files the disclosure of which tion Act (FOIA) requests should be would constitute a clearly unwarrant- clearly identified by the requester as ed invasion of personal privacy;

such on the envelope and in the letter. (7) Investigatory records compiled (d) Records or materials will be for law enforcement purposes but only available for inspection and copying in to the extent that the production of person during normal business hours such records would (A) interfere with or by mail. enforcement proceedings, (B) deprive

(e) Requests for records which origia person of a right to a fair trial or an nate in or concern matters which impartial adjudication, (C) constitute originate in another department or an unwarranted invasion of personal agency may be forwarded to the deprivacy, (D) disclose the identity of a partment or agency primarily conconfidential source and, in the case of cerned and the requester so notified. a record compiled by a criminal law enforcement authority in the course

$ 701.203 Schedule of fees. of a criminal investigation, or by an (a) The Public Information Officer agency conducting a lawful national will to the extent practicable, encoursecurity intelligence investigation, con age the widest possible distribution of fidential information furnished only information by permitting requests for by the confidential source, (E) disclose inspection or copies of records or mainvestigative techniques and proce terials to be met without cost to the dures, or (F) endanger the life or person making the request. physical safety of law enforcement (b) Fees will be charged in the case personnel;

of requests which are determined by (8) Contained in or related to exami the Public Information Officer to innation, operating, or condition reports volve a burden on staff or facilities sigprepared by, on behalf of, or for the nificantly in excess of that normally use of an agency responsible for the accepted by the Council in handling regulation or supervision of financial routine requests for information. institutions; or

(c) In all instances where the Public (9) Geological and geophysical infor Information Officer determines that a mation and data, including maps, con request for information can be considcerning wells.

ered as primarily benefiting the gener

al public (despite a $ 701.203 determiAny reasonably segregable portion of

nation of burden), such request shall a record shall be provided to any

be met either without cost wherever person requesting such record after

practicable or at a reduced cost to the deletion of the portions which are requester. Any such reduction shall be exempt under this subsection.

determined by the Public Information

Officer on the basis of the balance be$ 701.202 Procedure for requests for infor

tween the benefit to the general public mation.

and the cost to the Water Resources (a) A member of the public who re Council quests records or materials from the (d) Fees shall be limited to recovery Water Resources Council must provide of only direct costs of search and dua reasonable description of the records plication but in no event shall the fee or materials sought so that such rec for search and duplication exceed

requester shall be notified immediate. ly of the initial adverse determination, the reasons therefor, and the right to appeal the initial adverse determination to the Director.

$2.50 per half hour, nor shall the fee for copying exceed $0.25 per page (maximum per page dimension of 8x14 inches).

(e) Unless a request for information specifically states that whatever cost is involved will be acceptable, or acceptable up to a specified limit that covers anticipated costs, a request that is expected to involve an assessed fee in excess of $50.00 will not be deemed to have been received until the requester is advised promptly upon physical receipt of the request of the anticipated cost and agrees to bear it.

(f) When anticipated fees exceed $50.00, a deposit for 25% of the amount must be made within 10 days of the notice to the requester of the initial determination.

(g) The Council reserves the right to limit the number of copies of any document that will be provided to any one person.

8 701.205 Time limit for requester to

appeal an initial adverse determina

tion. (a) The requester shall have thirty (30) calendar days to file with the Director an appeal from an initial adverse determination. The appeal must be in writing.

(b) The thirty (30) day period of appeal shall run from receipt of the initial adverse determination (in cases of denials of an entire request) and from receipt of any records being made available pursuant to the initial adverse determination (in cases of partial denials).

8 701.206 Time limit for WRC final deter

minations regarding requests for information appealed by the requester from

an initial adverse determination. The Director shall make a final determination with respect to any appeal within twenty (20) working days after receipt of such appeal. If the initial adverse determination is in whole or in part upheld by the Director, the requester shall be notified of the final adverse determination and the provisions for judicial review of that determination as stated in the Freedom of Information Act, as amended (see 5 U.S.C. 552(a)(4) et seq.; as amended by Pub. L. 93-502).

$ 701.204 Time limits for WRC initial de

terminations regarding requests for in

formation. (a) An initial determination to grant or deny each request for information will be made within ten (10) working days of receipt of such request.

(b) The requester shall be notified immediately of the initial determination and the reasons therefor.

(c) The Public Information Officer will make initial determinations to grant requests for information.

(1) In those instances where the initial determination by the Public Infor mation Officer is to grant the request and the information is immediately supplied such action will serve as both notice of determination and compliance with the request.

(2) In those instances where the initial determination by the Public Information Officer is to grant the request, but the information is not immediately available, the Public Information Officer will send immediate notice of the determination to comply, and the approximate date the information will be forwarded.

(d) The Public Information Officer will make initial determination to deny the requests only with the concurrence of the General Counsel. The

$ 701.207 Extension of time limits for

WRC initial and final determinations. (a) In unusual circumstances, as specified in this section, the time limits prescribed in either § 701.203 or $ 701.204 may be extended by written notice from the responsible WRC official (i.e., the Public Information Officer in instances of initial requests and the Director in instances of appeals) to the requester setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten (10) working days, and in no event shall the (3) Specifically exempted from disclosure by statute;

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

(5) Inter-agency 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 records compiled for law enforcement purposes but only to the extent that the production of such records would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of law enforcement personnel;

(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, con cerning wells. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.

ords or materials may be located without undue search or inquiry.

(b) Requests which reasonably describe the records or materials sought should be directed to the Public Information Officer, Water Resources Council, Suite 800, 2120 L Street NW., Washington, D.C. 20037.

(c) To insure that requests for information are processed as expeditiously as possible, all Freedom of Information Act (FOIA) requests should be clearly identified by the requester as such on the envelope and in the letter.

(d) Records or materials will be available for inspection and copying in person during normal business hours or by mail.

(e) Requests for records which originate in or concern matters which originate in another department or agency may be forwarded to the department or agency primarily concerned and the requester so notified. 8 701.203 Schedule of fees.

(a) The Public Information Officer will to the extent practicable, encourage the widest possible distribution of information by permitting requests for inspection or copies of records or materials to be met without cost to the person making the request.

(b) Fees will be charged in the case of requests which are determined by the Public Information Officer to involve a burden on staff or facilities significantly in excess of that normally accepted by the Council in handling routine requests for information.

(c) In all instances where the Public Information Officer determines that a request for information can be considered as primarily benefiting the general public (despite a $ 701.203 determi. nation of burden), such request shall be met either without cost wherever practicable or at a reduced cost to the requester. Any such reduction shall be determined by the Public Information Officer on the basis of the balance between the benefit to the general public and the cost to the Water Resources Council.

(d) Fees shall be limited to recovery of only direct costs of search and duplication but in no event shall the fee for search and duplication exceed

8701.202 Procedure for requests for infor

mation. (a) A member of the public who requests records or materials from the Water Resources Council must provide a reasonable description of the records or materials sought so that such rec

$2.50 per half hour, nor shall the fee requester shall be notified immediatefor copying exceed $0.25 per page ly of the initial adverse determination, (maximum per page dimension of the reasons therefor, and the right to 8x14 inches).

appeal the initial adverse determina(e) Unless a request for information tion to the Director. specifically states that whatever cost is involved will be acceptable, or ac

$ 701.205 Time limit for requester to ceptable up to a specified limit that appeal an initial adverse determinacovers anticipated costs, a request that

tion. is expected to involve an assessed fee

(a) The requester shall have thirty in excess of $50.00 will not be deemed

(30) calendar days to file with the Dito have been received until the re rector an appeal from an initial adquester is advised promptly upon verse determination. The appeal must physical receipt of the request of the

be in writing. anticipated cost and agrees to bear it.

(b) The thirty (30) day period of (f) When anticipated fees exceed

appeal shall run from receipt of the $50.00, a deposit for 25% of the

initial adverse determination (in cases amount must be made within 10 days

of denials of an entire request) and of the notice to the requester of the

from receipt of any records being initial determination.

made available pursuant to the initial (g) The Council reserves the right to adverse determination (in cases of parlimit the number of copies of any doc tial denials). ument that will be provided to any one person.

$ 701.206 Time limit for WRC final deter

minations regarding requests for infor$ 701.204 Time limits for WRC initial de

mation appealed by the requester from terminations regarding requests for in an initial adverse determination. formation.

The Director shall make a final de(a) An initial determination to grant termination with respect to any appeal or deny each request for information

within twenty (20) working days after will be made within ten (10) working receipt of such appeal. If the initial days of receipt of such request.

adverse determination is in whole or in (b) The requester shall be notified part upheld by the Director, the reimmediately of the initial determina quester shall be notified of the final tion and the reasons therefor.

adverse determination and the provi(c) The Public Information Officer sions for judicial review of that deterwill make initial determinations to mination as stated in the Freedom of grant requests for information.

Information Act, as amended (see 5 (1) In those instances where the ini U.S.C. 552(a)(4) et seq.; as amended by tial determination by the Public Infor Pub. L. 93-502). mation Officer is to grant the request and the information is immediately

$ 701.207 Extension of time limits for supplied such action will serve as both

WRC initial and final determinations. notice of determination and compli (a) In unusual circumstances, as ance with the request.

specified in this section, the time (2) In those instances where the ini limits prescribed in either § 701.203 or tial determination by the Public Infor $ 701.204 may be extended by written mation Officer is to grant the request, notice from the responsible WRC offibut the information is not immediate cial (i.e., the Public Information Offily available, the Public Information cer in instances of initial requests and Officer will send immediate notice of the Director in instances of appeals) the determination to comply, and the to the requester setting forth the reaapproximate date the information will sons for such extension and the date be forwarded.

on which a determination is expected (d) The Public Information Officer to be dispatched. No such notice shall will make initial determination to specify a date that would result in an deny the requests only with the con extension for more than ten (10) workcurrence of the General Counsel. The ing days, and in no event shall the

total extended time exceed ten (10) (1) River Basin Commissions: working days with respect to a particu. Great Lakes Basin Commission. P.O. Box lar request.

999, Ann Arbor, Michigan 48106; (b) As used in this section, "unusual New England River Basins Commission, 55 circumstances" means, but only to the Court Street, Boston, Massachusetts extent reasonably necessary to the 02108; proper processing of the particular re

Ohio River Basin Commission, 36 East 4th

Street, Suite 208-220, Cincinnati, Ohio quest:

· 45202; (1) the need to search for and collect

Pacific Northwest River Basins Commission, the requested records from field facili

P.O. Box 908, Vancouver, Washington ties or other establishments that are

98660; separate from the office processing Upper Mississippi River Basin Commission, the request;

Federal Office Building, Room 510, Fort (2) the need to search for, collect. Snelling, Twin Cities, Minnesota 55111; and appropriately examine a volumi. Missouri River Basin Commission, 10050 Renous amount of separate and distinct gency Circle, Suite 403 Omaha, Nebraska records which are demanded in a

68114. single request; or

(2) Field Committees: (3) the need for consultation, which

Arkansas-White-Red Inter-Agency Commitshall be conducted with all practicable

tee, Room 4030, Federal Building, Albuspeed, with another agency having a

querque, New Mexico 87101; substantial interest in the determina

Pacific Southwest Inter-Agency Committee, tion of the request or among two or

630 Sansome Street, Room 1216, San more components of the agency

Francisco, California 94111; having substantial subject-matter in

Southeast Basins Inter-Agency Committee, terest therein.

402 New Walton Building, Atlanta, Geor

gia 30303. $ 701.208 WRC petition for judicial exten.

(40 FR 7253, Feb. 19, 1975, as amended at 40 sion of time.

FR 10668, Mar. 7, 1975) The provisions of $ 701.206 notwith

Subpart E-Protection of Privacy standing, the Director may petition for judicial extension of time when ex AUTHORITY: Sec. 402, Water Resources ceptional circumstances warrant such Planning Act of 1965 (Sec. 402, Pub. L. 89action.

80; 79 Stat. 254, as amended (42 U.S.C. 1962d-1)) and the Privacy Act of 1974 (Pub.

L. 93-579; 88 Stat. 1896 (5 U.S.C. 552a)), $ 701.209 River basin commissions and

unless otherwise noted. field committees.

SOURCE: 40 FR 45676, Oct. 2, 1975, unless (a) River basin commissions estab- otherwise noted. lished pursuant to Title II of the Water Resources Planning Act are en- 8701.300 Purpose and scope. couraged to establish, pursuant to sec (a) The purpose of this subpart is to tion 205(c) of that Act, procedures for set forth rules to inform the public public availability of information that about information maintained by the are consistent with 5 U.S.C. 552, as U.S. Water Resources Council relating amended, and this subpart.

to identifiable individuals and to (b) Field committees will be gov- inform those individuals how they erned by the procedures adopted by may gain access to and correct or the lead Federal agency to implement amend information about themselves.

J.S.C. 552, as amended; except that (b) The regulations in this subpart if the lead agency of a field committee implement the requirements of the is a non-Federal entity, the standards Privacy Act of 1974 (Pub. L. 93-579; 88 of this subpart shall apply.

Stat. 1896 (5 U.S.C. 552a)). (c) Requests for documents and in- (c) The regulations in this subpart formational materials may be made to apply only to records disclosed or rethe chairmen of the field committees quested under the Privacy Act of 1974, and river basin commissions at the fol- and not requests for information made lowing addresses.

pursuant to the Freedom of Informa

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