tion of the Department, 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 in part, the initial decision rejecting the petition 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 disclosures has been made, advise all previous recipients of the record of the amendment and its substance. [40 FR 44505, Sept. 26, 1975, as amended at 48 FR 56586, Dec. 22, 1983] § 2.76 [Reserved] § 2.77 Statements of disagreement. (a) Filing of statement. If the determination of the Assistant SecretaryPolicy, Budget and Administration under § 2.75 rejects in whole or part, a petition 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 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 which occurs 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 the recipient. (c) Maintenance of statements. System managers shall develop procedures to assure that statements of dis agreement filed with them shall be maintained in such a way as to assure dissemination of the statements to recipients of the records to which the statements pertain. [48 FR 56586, Dec. 22, 1983] § 2.78 [Reserved] § 2.79 Exemptions. (a) Criminal law enforcement records exempt under 5 U.S.C. 552a(j)(2). Pursuant 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 the subpart except paragraphs (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 paragraphs: (1) Investigative Case File System, Interior/FWS-20. Law Enforcement Services (2) System, Interior/BIA-18. (3) Law Enforcement Statistical Reporting System, Interior/NPS-19. (4) Investigative Records, Interior/ Office of Inspector General-2. (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 paragraphs (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 paragraphs: (1) Investigative Records, Interior/ Office of Inspector General-2. (2) Permits System, Interior/FWS21. (3) Criminal Case Investigation System, Interior/BLM-18. (4) Civil Trespass Case Investigations, Interior/BLM-19. (5) Employee Conduct tions, Interior/BLM-20. (6)-(7) [Reserved] Investiga (8) Employee Financial Irregularities, Interior/NPS-17. (9) Trespass Cases, Interior/Reclamation-37. (10) Litigation, Appeal and Case Files System, Interior/Office of the Solicitor-1 to the extent that it con sists of investigatory material compiled for law enforcement purposes. (11) Endangered Species Licenses System, Interior/FWS-19. (12) Investigative Case File, Interior/ FWS-20. (13) Timber Cutting and Trespass Claims Files, Interior/BIA-24. (c) Investigatory records exempt under 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: Research Council (1) [Reserved] (2) National Grants Program, Interior/GS-9 (3) Committee Management Files, Interior/Office of the Secretary-68. (5 U.S.C. 301, 552a and 5 U.S.C. app. sections 9(a)(1)(D) and 9(b); 5 U.S.C. 301, 552, and 552a; 31 U.S.C. 483a; and 43 U.S.C. 1460) [40 FR 44505, Sept. 26, 1975, as amended at 40 FR 54790, Nov. 26, 1975; 47 FR 38328, Aug. 31, 1982; 48 FR 37412, Aug. 18, 1983; 48 FR 56586, Dec. 22, 1983; 49 FR 6907, Feb. 24, 1984] Subpart E-Compulsory Process and Testimony of Employees § 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 judi cial 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 searching for and duplicating records in connection with requests made under the Freedom of Information Act. The fees are also applicable to services provided in duplicating and making available records in response to requests made under the Privacy Act. It also states the fees to be charged for certification of documents. (1) Copies, basic fee. For copies of documents reproduced on a standard office copying machine in sizes up to 81⁄2" x 14", the charge will be $0.13 per copy. Examples: For one copy of a three-page document, the fee would be $0.39. For two copies of a three page document, the fee would be $0.78. For one copy of a 60-page document, the fee would be $7.80. (2) Copies, documents requiring special handling. For copies of documents which require special handling because of their age, size, etc., cost will be based on direct costs of reproducing the materials. (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: $2.25 (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: $4.50 (7) [Reserved] (8) Certification. For each certificate of verification attached to authenticated copies of records furnished to the public the charge will be $0.25. (9) [Reserved] (10) Computerized records. Charges for services in processing requests for records maintained in computerized form will be calculated in accordance with the following criteria: (a) Costs for processing a data request will be calculated using the same standard direct costs charged to other users of the facility, and/or as specified in the user's manual or handbook published by the computer center in which the work will be performed. (b) An itemized listing of operations required to process the job will be prepared (i.e., time for central processing unit, input/ output, remote terminal, storage, plotters, printing, tape/disc mounting, etc.) with related associated costs applicable to each operation. (c) Material costs (i.e., paper, cards, tape, etc.) will be calculated using the latest acquisition price paid by the facility. (d) ADP facility managers must assure that all cost estimates are accurate, and if challenged, be prepared to substantiate that the rates are not higher than those charged to other users of the facility for similar work. Upon request, itemized listings of operations and associated costs for processing the job may be furnished to members of the public. (11) Postage/mailing costs. Return postage/mailing fees may be added to charges for records if the postage/mailing fee exceeds $1.00. (12) [Reserved] (13) [Reserved] (14) Other services. When a response to a request requires services or materials other than those 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 date. This schedule applies to all requests made under the Freedom of Information Act and Privacy Act after August 19, 1985. [50 FR 29230, July 18, 1985] APPENDIX B-BUREAUS AND OFFICES OF THE DEPARTMENT OF THE INTERIOR 1. Bureaus and Offices of the Department of the Interior. (The address for all bureaus and offices, unless otherwise indicated, is U.S. Department of the Interior, Washington, D.C. 20240.) Secretary of the Interior, Office of the Secretary. Executive Secretariat, Office of the Secretary (for Office of the Secretary components) Commissioner, Bureau of Indian Affairs Director, U.S. Fish and Wildlife Service Director, National Park Service Commissioner, Bureau of Reclamation Director, Bureau of Land Management Director, Minerals Management Service Director, Bureau of Mines, Columbia Plaza, 2401 E Street, N.W., Washington, D.C. 20241 Director, Geological Survey. The National Center, Reston, VA 22092 Director, Office of Surface Mining-Reclamation and Enforcement Director, Office of Hearings and Appeals, 4015 Wilson Blvd., Arlington, VA 22203 Inspector General, Office of the Inspector General Solicitor, Office of the Solicitor 2. Public Information Officers of the Department of the Interior. (The address for all public information officers, unless otherwise indicated, is U.S. Department of the Interior, Washington, D.C. 20240.) Director, Office of Public Affairs, U.S. Department of the Interior Director, Public Information Staff, Bureau of Indian Affairs Chief, Office of Public Affairs, Bureau of Land Management Chief, Office of Mineral Information, Bureau of Mines, Columbia Plaza, 2401 E Street, N.W., Washington, D.C. 20241 Director, Office of Public Affairs, Bureau of Reclamation Chief, Office of Public Affairs, National Park Service Public Affairs Officer, Office of Surface Mining-Reclamation and Enforcement Assistant Director, Public Affairs, U.S. Fish and Wildlife Service Information Officer, U.S. Geological Survey, The National Center, Reston, VA 22092 3. Office of Hearings and Appeals-Field Offices: Administrative Law Judge, 1052C Federal Bldg., 600 Federal Place, Louisville, KY 40202 Administrative Law Judge, 1111 Northshore Drive, Suite 202, Bldg. #1 Knoxville, TN 37919 Administrative Law Judges, 6432 Federal Administrative Law Judges (Indian Probate), Federal Building, Rooms. 674 and 688, Fort Snelling, Twin Cities, MN 55111 Administrative Law Judge (Indian Probate), 301 Federal Building, Hill & 3rd St., Gallup, NM 87301 Administrative Law Judge (Indian Probate), 215 Dean A. McGee Ave., Rm. 712, Oklahoma City, OK 73102 Administrative Law Judge (Indian Probate), 1425 N.E., Irving St., Bldg. 100, Suite 112, Portland, OR 97232 Administrative Law Judge (Indian Probate), Regional Solicitor, U.S. Department of the Interior, 701 C Street, Anchorage, AK 99513 INTERMOUNTAIN REGION Regional Solicitor, U.S. Department of the Interior, Suite 6201, Federal Building, 125 South State Street, Salt Lake City, UT 84138 NORTHEAST REGION Regional Solicitor, U.S. Department of the Interior, Suite 612, One Gateway Center, Newton Corner, MA 02158 Field Solicitor, U.S. Department of the Interior, 603 Morris Street, 2nd Floor, Charleston, WV 26301 Field Solicitor, U.S. Department of the Interior, Suite 505, Federal Building & U.S. Courthouse, 46 East Ohio Street, Indianapolis, IN 46204 Field Solicitor, U.S. Department of the Interior, Bishop Henry Whipple Federal Building, Twin Cities, MN 55111 PACIFIC NORTHWEST REGION Regional Solicitor, U.S. Department of the Interior, Lloyd 500 Building, Suite 607, 500 N.E. Multnomah, Portland, OR 97232 Field Solicitor, U.S. Department of the Interior, Box 020, Federal Building, U.S. Courthouse, 550 West Fort Street, Boise ID 83724 PACIFIC SOUTHWEST REGION Regional Solicitor, U.S. Department of the Interior, Room E-2753, 2800 Cottage Way, Sacramento, CA 95825 Field Solicitor, U.S. Department of the Interior, 3610 Central Avenue, Suite 104, Riverside, CA 92506 Field Solicitor, U.S. Department of the Interior, Box 36064, 450 Golden Gate Avenue, Room 14126, San Francisco, CA 94102 Field Solicitor, U.S. Department of the Interior, P.O. Box 427 Park Street, Boulder City, NV 89005 Field Solicitor, U.S. Department of the Interior, Valley Bank Center, Suite 2080, 201 North Central Avenue, Phoenix, AZ 85073 Field Solicitor, U.S. Department of the Interior, Window Rock, AZ 86515 ROCKY MOUNTAIN REGION Regional Solicitor, U.S. Department of the Interior, P.O. Box 25007, Denver Federal Center, Denver, CO 80225 Field Solicitor, U.S. Department of the Interior, Room 211, Federal Building, Aberdeen, SD 57401 Field Solicitor, U.S. Department of the Interior, Room 5431, Federal Building, 316 N. 26th Street, Billings, MT 59103 SOUTHEAST REGION Regional Solicitor, U.S. Department of the Interior, Richard B. Russell Federal Building, 75 Spring Street, S.W., Suite 1328, Atlanta, GA 30303 Field Solicitor, U.S. Department of the Interior, P.O. Box 15006, Knoxville, TN 37901 SOUTHWEST REGION Regional Solicitor, U.S. Department of the Interior, Room 3068, Page Belcher Federal Building, 33 West 4th Street, Tulsa, OK 74103 Field Solicitor, U.S. Department of the Interior, Room 7102, Federal Building & Courthouse, Albuquerque, NM 87101 Field Solicitor, U.S. Department of the Interior, 331 Sandoval Street, Room 117, Santa Fe, NM 87501 Field Solicitor, U.S. Department of the Interior, Room 319, Federal Building, 5th and Broadway, Muskogee, OK 74401 Field Solicitor, U.S. Department of the Interior, Osage Agency, Grandview Avenue, Pawhuska, OK 74056 Field Solicitor, U.S. Department of the Interior, 1100 South Fillmore, Amarillo, TX 79101 Field Solicitor, U.S. Department of the Interior, W.C.D. Office Building, Route 1, Anadarko, OK 73005 Jurisdiction over ruins, archeological sites, historic and prehistoric monuments and structures, objects of antiquity, historic landmarks, and other objects of historic and scientific interest, shall be exercised under the act by the respective Departments as follows: (a) By the Secretary of Agriculture over lands within the exterior limits of forest reserves; (b) By the Secretary of the Army over lands within the exterior limits of military reservations; (c) By the Secretary of the Interior over all other lands owned or controlled by the Government of the United States, Provided, The Secretaries of the Army and Agriculture may by agreement cooperate with the Secretary of the Interior in the supervision of such monuments and objects covered by the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431-433), as may be located on lands near or adjacent to forest reserves and military reservations, respectively. § 3.2 Limitation on permits granted. No permit for the removal of any ancient monument or structure which can be permanently preserved under the control of the United States in situ, and remain an object of interest, shall be granted. § 3.3 Permits; to whom granted. Permits for the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity will be granted, by the respective Secretaries having jurisdiction, to reputable museums, universities, colleges, or other recognized scientific or educational institutions, or to their duly authorized agents. § 3.4 No exclusive permits granted. No exclusive permits shall be granted for a larger area than the applicant can reasonably be expected to explore fully and systematically within the time limit named in the permit. § 3.5 Application. Each application for a permit should be filed with the Secretary having jurisdiction, and must be accompanied by a definite outline of the proposed work, indicating the name of the institution making the request, the date proposed for beginning the field work, the length of time proposed to be devoted to it, and the person who will have immediate charge of the work. The application must also contain an exact statement of the character of the work, whether examination, excavation, or gathering, and the public museum in which the collections made under the permit are to be permanently preserved. The application must be accompanied by a sketch plan or description of the particular site or area to be examined, excavated, or searched, so definite that it can be located on the map with reasonable accuracy. § 3.6 Time limit of permits granted. No permit will be granted for a period of more than 3 years, but if the work has been diligently prosecuted under the permit, the time may be extended for proper cause upon application. |