[Code of Federal Regulations]
[Title 43, Volume 1, Parts 1 to 999]
[Revised as of October 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2]
[Page 33-36]
TITLE 43--PUBLIC LANDS: INTERIOR
Subtitle A--Office of the Secretary of the Interior
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
Subpart E--Compulsory Process and Testimony of Employees
Sec. 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 Sec. 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.
Sec. 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
[[Page 34]]
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 to Part 2--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, reviewing and
duplicating requested records in connection with FOIA requests made
under subpart B of this part and to services performed in making
documents available for inspection and copying under subpart A of this
part. The duplicating fees stated in the schedule are also applicable to
duplicating of records in response to requests made under the Privacy
Act. The schedule also states the fee to be charged for certification of
documents.
(1) Copies, basic fee. For copies of documents reproduced on a
standard office copying machine in sizes to 8\1/2\'' x 14'', the charge
will be $0.13 per page.
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)-(4) [Reserved]
(5) Searches. For each quarter hour, or portion thereof, spent by
clerical personnel in manual searches to locate requested records:
$2.30. For each quarter hour, or portion thereof, spent by professional
or managerial personnel in manual searches to locate requested records
because the search cannot be performed by clerical personnel: $4.65.
Search time for which fees may be charged includes all time spent
looking for material that is responsive to a request, including line-by-
line or page-by-page search to determine whether a record is responsive,
even if the search fails to locate records or the records located are
determined to be exempt from disclosure. Searches will be conducted in
the most efficient and least expensive manner, so as to minimize costs
for both the agency and the requester. Line-by-line or page-by-page
identification should not be necessary if it is clear on the face of a
document that it is covered by a request.
(6) Review of records. For each quarter hour, or portion thereof,
spent by clerical personnel in reviewing records: $2.30. For each
quarter hour, or portion thereof, spent by professional or managerial
personnel in reviewing records: $4.65.
Review is the examination of documents located in response to a
commercial use request to determine whether any portion of any document
located is permitted to be withheld and the subsequent processing of
documents for disclosure by excising exempt material or otherwise
preparing them for release. Review does not include time spent in
resolving general legal or policy issues regarding the application of
exemptions.
(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, disks, 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.
(e) Requesters entitled to two hours of free search time under 43
CFR 2.20(e) shall not be charged for that portion of a computer search
that equals two hours of the salary of the operator performing the
search.
(11) Postage/mailing costs. Mailing charges may be added for
services (such as express mail) that exceed the cost of first class
postage.
(12)-(13) [Reserved]
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(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 requestes made
under the Freedom of Information Act and Privacy Act after December 30,
1987.
[52 FR 45592, Nov. 30, 1987]
Appendix B to Part 2--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, DC 20240.)
Secretary of the Interior, Office of the Secretary
Office of Administrtative Services (for Office of the Secretary
components)
Assistant Secretary, Territorial and International Affairs
Commissioner, Bureau of Indian Affairs
Director, U.S. Fish and Wildlife Service
Director, National Park Service, P.O. Box 37127, Washington, DC, 20013-
7127
Commissioner, Bureau of Reclamation
Director, Bureau of Land Management
Director, Minerals Management Service
Director, Bureau of Mines, Columbia Plaza, 2401 E Street NW.,
Washington, DC 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 Inspector General
Solicitor, Office of the Solicitor
2. Freedom of Information Officers of the Department of the
Interior. (The address for all Freedom of Information Officers, unless
otherwise indicated, is U.S. Department of the Interior, Washington, DC
20240.)
Director, Office of Administrative Services (for Office of the Secretary
components), U.S. Department of the Interior
Director, Office of Administration, Bureau of Indian Affairs
Freedom of Information Act Officer, Bureau of Land Management
Assistant Director, Finance and Management, Bureau of Mines, Columbia
Plaza, 2401 E Street NW., Washington, DC 20241
Freedom of Information Act Officer, Bureau of Reclamation
Chief, Division of Media Information, National Park Service
Chief, Regulatory Development and Issues Management, Office of Surface
Mining Reclamation and Enforcement
Chief, Directives Management Branch, Policy and Directives Management,
U.S. Fish and Wildlife Service,
Chief, Paperwork Management Unit, U.S. Geological Survey, The National
Center, Reston, VA 22092
Freedom of Information Act Officer, Minerals Management Service, 12203
Sunrise Valley Drive, Reston, VA 22091
Information Officer, Office of Inspector General
3. Office of Hearings and Appeals--Field Offices:
Administrative Law Judge, 710 Locust St., Federal Building, Suite 116,
Knoxville, TN 37902
Administrative Law Judges, 6432 Federal Bldg., Salt Lake City, UT 84138
Administrative Law Judge, 2901 N. Central Ave., Suite 955, Phoenix, AZ
85012-2739
Administrative Law Judge, 2020 Hurley Way, Suite 150, Sacramento, CA
95825
Administrative Law Judges, Bishop Henry Whipple Federal Building, 1
Federal Drive, rooms 674 and 688, Fort Snelling, MN 55111
Administrative Law Judge, 1700 Louisiana N.E., Suite 220, Albuquerque,
NM 87110
Administrative Law Judge, 215 Dean A. McGee Ave., room 507, Oklahoma
City, OK 73102
Administrative Law Judge (Indian Probate), Federal Bldg. & Courthouse,
515 9th St., Suite 201, Rapid City, SD 57701
Administrative Law Judge (Indian Probate), Federal Bldg. & Courthouse,
Rm. 3329, 316 N. 26th St., Billings, MT 59101
4. Office of the Solicitor-- Field Offices.
Regional Solicitors
Regional Solicitor, U.S. Department of the Interior, 701 C Street,
Anchorage, AK 99513
Regional Solicitor, U.S. Department of the Interior, Room E-2753, 2800
Cottage Way, Sacramento, CA 95825
Regional Solicitor, U.S. Department of the Interior, P.O. Box 25007,
Denver Federal Center, Denver, CO 80225
Regional Solicitor, U.S. Department of the Interior, Richard B. Russell
Federal Building, 75 Spring Street, SW., Suite 1328, Atlanta, GA 30303
Regional Solicitor, U.S. Department of the Interior, Suite 612, One
Gateway Center, Newton Corner, MA 02158
Regional Solicitor, U.S. Department of the Interior, Room 3068, Page
Belcher Federal Building, 333 West 4th Street, Tulsa, OK 74103
Regional Solicitor, U.S. Department of the Interior, Lloyd 500 Building,
Suite 607, 500 N.E. Multnomah, Portland, OR 97232
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Regional Solicitor, U.S. Department of the Interior, Suite 6201, Federal
Building, 125 South State Street, Salt Lake City, UT 84138
Field Solicitors
Field Solicitor, U.S. Department of the Interior, Suite 150, 505 North
Second St., Phoenix, AZ 85004
Field Solicitor, U.S. Department of the Interior, P.O. Box M, Window
Rock, AZ 86515
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, Box 020, Federal
Building, U.S. Courthouse, 550 West Fort Street, Boise, ID 83724
Field Solicitor, U.S. Department of the Interior, 686 Federal Building,
Twin Cities, MN 55111
Field Solicitor, U.S. Department of the Interior, Room 5431, Federal
Building, 316 N. 26th Street, Billings, MT 59101
Field Solicitor, U.S. Department of the Interior, P.O. Box 1042, Santa
Fe, NM 87504
Field Solicitor, U.S. Department of the Interior, Osage Agency,
Grandview Avenue, Pawhuska, OK 74056
Field Solicitor, U.S. Department of the Interior, Suite 502J, U.S. Post
Office and Courthouse, Pittsburgh, PA 15219
Field Solicitor, U.S. Department of the Interior, P.O. Box 15006,
Knoxville, TN 37901
Field Solicitor, U.S. Department of the Interior, 1100 South Fillmore,
Amarillo, TX 79101
Field Solicitor, U.S. Department of the Interior, 603 Morris Street, 2nd
Floor, Charleston, WV 25301.
[52 FR 45593, Nov. 30, 1987, as amended at 53 FR 16128, May 5, 1988; 58
FR 48973, Sept. 21, 1993]