[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 8-20] 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 B--Requests for Records Source: 52 FR 45586, Nov. 30, 1987, unless otherwise noted. Sec. 2.11 Purpose and scope. (a) This subpart contains the procedures for submission to and consideration by the Department of the Interior of requests for records under the Freedom of Information Act. [[Page 9]] (b) Before invoking the formal procedures set out below, persons seeking records from the Department may find it useful to consult with the appropriate bureau FOIA officer. Bureau offices are listed in Appendix B to this part. (c) The procedures in this subpart do not apply to: (1) Records published in the Federal Register, opinions in the adjudication of cases, statements of policy and interpretations, and administrative staff manuals that have been published or made available under subpart A of this part. (2) Records or information compiled for law enforcement purposes and covered by the disclosure exemption described in Sec. 2.13(c)(7) if-- (i) The investigation or proceeding involves a possible violation of criminal law; and (ii) There is reason to believe that-- (A) The subject of the investigation or proceeding is not aware of its pendency, and (B) Disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings. (3) Informant records maintained by a criminal law enforcement component of the Department under an informant's name or personal identifier, if requested by a third party according to the informant's name or personal identifier, unless the informant's status as an informant has been officially confirmed. Sec. 2.12 Definitions. (a) Act and FOIA mean the Freedom of Information Act, 5 U.S.C. 552. (b) Bureau refers to all constituent bureaus of the Department of the Interior, the Office of the Secretary, and the other Departmental offices. A list of bureaus is contained in Appendix B to this part. (c) Working day means a regular Federal workday. It does not include Saturdays, Sundays or public legal holidays. Sec. 2.13 Records available. (a) Department policy. It is the policy of the Department of the Interior to make the records of the Department available to the public to the greatest extent possible, in keeping with the spirit of the Freedom of Information Act. (b) Statutory disclosure requirement. The Act requires that the Department, on a request from a member of the public submitted in accordance with the procedures in this subpart, make requested records available for inspection and copying. (c) Statutory exemptions. Exempted from the Act's statutory disclosure requirement are matters that are: (1)(i) Specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (ii) Are in fact properly classified pursuant to such Executive order; (2) Related solely to the internal personnel rules and practices of an agency; (3) Specifically exempted from disclosure by statute (other than the Privacy Act), provided that such statute-- (i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; (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) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information-- (i) Could reasonably be expected to interfere with enforcement proceedings, (ii) Would deprive a person of a right to a fair or an impartial adjudication, (iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy, [[Page 10]] (iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigtion, information furnished by a confidential source, (v) Would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (vi) Could reasonably be expected to endanger the life or physical safety of any individual; (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. (d) Decisions on requests. It is the policy of the Department to withhold information falling within an exemption only if-- (1) Disclosure is prohibited by statute or Executive order or (2) Sound grounds exist for invocation of the exemption. (e) Disclosure of reasonably segregable nonexempt material. If a requested record contains material covered by an exemption and material that is not exempt, and it is determined under the procedures in this subpart to withhold the exempt material, any reasonably segregable nonexempt material shall be separated from the exempt material and released. Sec. 2.14 Requests for records. (a) Submission of requests. (1) A request to inspect or copy records shall be made to the installation where the records are located. If the records are located at more than one installation or if the specific location of the records is not known to the requester, he or she may direct a request to the head of the appropriate bureau or to the bureau's FOIA officer. Addresses for bureau heads and FOIA officers are contained in Appendix B to this part. (2) Exceptions. (i) A request for records located in all components of the Office of the Secretary (other than the Office of Hearings and Appeals) shall be submitted to: Director, Office of Administrative Services, U.S. Department of the Interior, Washington, DC 20240. A request for records located in the Office of Hearings and Appeals shall be submitted to: Director, Office of Hearings and Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203. (ii) A request for records of the Office of Inspector General shall be submitted to: Inspector General, Office of the Inspector General, U.S. Department of the Interior, Washington, DC 20240. (iii) A request for records of the Office of the Solicitor shall be submitted to: Solicitor, Office of the Solicitor, U.S. Department of the Interior, Washington, DC 20240. (b) Form of requests. (1) Requests under this subpart shall be in writing and must specifically invoke the Act. (2) A request must reasonably describe the records requested. A request reasonably describes the records requested if it will enable an employee of the Department familiar with the subject area of the request to locate the record with a reasonable amount of effort. If such information is available, the request should identify the subject matter of the record, the date when it was made, the place where it was made, the person or office that made it, the present custodian of the record, and any other information that will assist in locating the requested record. If the request involves a matter known by the requester to be in litigation, the request should also state the case name and court hearing the case. (3)(i) A request shall-- (A) Specify the fee category (commercial use, news media, educational institution, noncommercial scientific institution, or other) in which the requester claims the request to fall and the basis of this claim (see Sec. 2.20(b) through (e) for definitions) and [[Page 11]] (B) State the maximum amount of fees that the requester is willing to pay or include a request for a fee waiver. (ii) Requesters are advised that, under Sec. 2.20 (f) and (g), the time for responding to requests may be delayed-- (A) If a requester has not sufficiently identified the fee category applicable to the request, (B) If a requester has not stated a willingness to pay fees as high as anticipated by the Department or (C) If a fee waiver request is denied and the requester has not included an alternative statement of willingness to pay fees as high as anticipated by the Department. (4) A request seeking a fee waiver shall, to the extent possible, address why the requester believes that the criteria for fee waivers set out in Sec. 2.21 are met. (5) To ensure expeditious handling, requests should be prominently marked, both the envelope and on the face of the request, with the legend ``FREEDOM OF INFORMATION REQUEST.'' (c) Creation of records. A request may seek only records that are in existence at the time the request is received. A request may not seek records that come into existence after the date on which it is received and may not require that new records be created in response to the request by, for example, combining or compiling selected items from manual files, preparing a new computer program, or calculating proportions, percentages, frequency distributions, trends or comparisons. In those instances where the Department determines that creating a new record will be less burdensome than disclosing large volumes of unassembled material, the Department may, in its discretion, agree to creation of a new record as an alternative to disclosing existing records. Sec. 2.15 Preliminary processing of requests. (a) Scope of requests. (1) Unless a request clearly specifies otherwise, requests to field installations of a bureau may be presumed to seek only records at that installation and requests to a bureau head or bureau FOIA officer may be presumed to seek only records of that bureau. (2) If a request to a field installation of a bureau specifies that it seeks records located at other installations of the same bureau, the installation shall refer the request to the other installation(s) or the bureau FOIA officer for appropriate processing. The time limit provided in Sec. 2.17(a) does not start until the request is received at the installation having the records or by the bureau FOIA officer. (3) If a request to a bureau specifies that it seeks records of another bureau, the bureau may return the request (or the relevant portion thereof) to the requester with instructions as to how the request may be resubmitted to the other bureau. (b) Intradepartmental consultation and referral. (1) If a bureau (other than the Office of Inspector General) receives a request for records in its possession that originated with or are of substantial concern to another bureau, it shall consult with that bureau before deciding whether to release or withhold the records. (2) As an alternative to consultation, a bureau may refer the request (or the relevant protion thereof) to the bureau that originated or is substantially concerned with the records. Such referrals shall be made expeditiously and the requester shall be notified in writing that a referral has been made. A referral under this paragraph does not restart the time limit provided in Sec. 2.17. (c) Records of other departments and agencies. (1) If a requested record in the possession of the Department of the Interior originated with another Federal department or agency, the request shall be referred to that agency unless-- (i) The record is of primary interest to the Department, (ii) The Department is in a better position than the originating agency to assess whether the record is exempt from disclosure, or (iii) The originating agency is not subject to the Act. The Department has primary interest in a record if it was developed or prepared pursuant to Department regulations, directives or request. [[Page 12]] (2) In accordance with Execuctive Order 12356, a request for documents that were classified by another agency shall be referred to that agency. (d) Consultation with submitters of commercial and financial information. (1) If a request seeks a record containing trade secrets or commercial or financial information submitted by a person outside of the Federal government, the bureau processing the request shall provide the submitter with notice of the request whenever-- (i) The submitter has made a good faith designation of the information as commercially or financially sensitive, or (ii) The bureau has reason to believe that disclosure of the information may result in commercial or financial injury to the submitter. Where notification of a voluminous number of submitters is required, such notification may be accomplished by posting or publishing the notice in a place reasonably calculated to accomplish notification. (2) The notice to the submitter shall afford the submitter a reasonable period within which to provide a detailed statement of any objection to disclosure. The submitter's statement shall explain the basis on which the information is claimed to be exempt under the FOIA, including a specification of any claim of competitive or other business harm that would result from disclosure. The statement shall also include a certification that the information is confidential, has not been disclosed to the public by the submitter, and is not routinely available to the public from other sources. (3) If a submitter's statement cannot be obtained within the time limit for processing the request under Sec. 2.17, the requester shall be notified of the delay as provided in Sec. 2.17(f). (4) Notification to a submitter is not required if: (i) The bureau determines, prior to giving notice, that the request for the record should be denied; (ii) The information has previously been lawfully published or officially made available to the public; (iii) Disclosure is required by a statute (other than the FOIA) or regulation (other than this subpart); (iv) Disclosure is clearly prohibited by a statute, as described in Sec. 2.13(c)(3); (v) The information was not designated by the submitter as confidential when it was submitted, or a reasonable time thereafter, if the submitter was specifically afforded an opportunity to make such a designation; however, a submitter will be notified of a request for information that was not designated as confidential at the time of submission, or a reasonable time thereafter, if there is substantial reason to believe that disclosure of the information would result in competitive harm. (vi) The designation of confidentiality made by the submitter is obviously frivolous; or (vii) The information was submitted to the Department more than 10 years prior to the date of the request, unless the bureau has reason to believe that it continues to be confidential. (5) If a requester brings suit to compel disclosure of information, the submitter of the information will be promptly notified. Sec. 2.16 Action on initial requests. (a) Authority. (1) Requests to field installations shall be decided by the head of the installation or by such higher authority as the head of the bureau may designate in writing. (2) Requests to the headquarters of a bureau shall be decided only by the head of the bureau or an official whom the head of the bureau has in writing designated. (3) Requests to the Office of the Secretary may be decided by the Director of Administrative Services, an Assistant Secretary or Assistant Secretary's designee, and any official whom the Secretary has in writing designated. (4) A decision to withhold a requested record, to release a record that is exempt from disclosure, or to deny a fee waiver shall be made only after consultation with the office of the appropriate associate, regional, or field solicitor. (b) Form of grant. (1) When a requested record has been determined to be available, the official processing the request shall notify the requester as to when and where the record is available for inspection or, as the case may be, [[Page 13]] when and how copies will be provided. If fees are due, the official shall state the amount of fees due and the procedures for payment, as described in Sec. 2.20. (2) If a requested record (or portion thereof) is being made available over the objections of a submitter made in accordance with Sec. 2.15(d), both the requester and the submitter shall be notified of the decision. The notice to the submitter (a copy of which shall be made available to the requester) shall be forwarded a reasonable number of days prior to the date on which disclosure is to be made and shall include: (i) A statement of the reasons why the submitter's objections were not sustained; (ii) A specification of the portions of the record to be disclosed, if the submitter's objections were sustained in part; and (iii) A specified disclosure date. (3) If a claim of confidentiality has been found frivolous in accordance with Sec. 2.15(d)(4)(vi) and a determination is made to release the information without consultation with the submitter, the submitter of the information shall be notified of the decision and the reasons therefor a reasonable number of days prior to the date on which disclosure is to be made. (c) Form of denial. (1) A decision withholding a requested record shall be in writing and shall include: (i) A reference to the specific exemption or exemptions authorizing the withholding; (ii) If neither a statute or an Executive order requires withholding, the sound ground for withholding; (iii) A listing of the names and titles or positions of each person responsible for the denial; and (iv) A statement that the denial may be appealed to the Assistant Secretary--Policy, Budget and Administration and a description of the procedures in Sec. 2.18 for appeal. (2) A decision denying a request for failure to reasonably describe requested records or for other procedural deficiency or because requested records cannot be located shall be in writing and shall include: (i) A description of the basis of the decision; (ii) A list of the names and titles or positions of each person responsible; and (iii) A statement that the matter may be appealed to the Assistant Secretary--Policy, Budget and Administration and a description of the procedures in Sec. 2.18 for appeal. Sec. 2.17 Time limits for processing initial requests. (a) Basic limit. Requests for records shall be processed promptly. A determination whether to grant or deny a request shall be made within no more than 10 working days after receipt of a request. This determination shall be communicated immediately to the requester. (b) Running of basic time limit. (1) The 10 working day time limit begins to run when a request meeting the requirements of Sec. 2.14(b) is received at a field installation or bureau headquarters designated in Sec. 2.14(a) to receive the request. (2) The running of the basic time limit may be delayed or tolled as explained in Sec. 2.20 (f), (g) and (h) if a requester-- (i) Has not stated a willingnes to pay fees as high as are anticipated and has not sought and been granted a full fee waiver, or (ii) Has not made a required advance payment. (c) Extensions of time. In the following unusual circumstances, the time limit for acting on an initial request may be extended to the extent reasonably necessary to the proper processing of the request, but in no case may the time limit be extended for more than 10 working days: (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the installation processing the request; (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records demanded in a single request; or (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or [[Page 14]] more components of the Department having substantial subject-matter interest therein. (d) Notice of extension. A requester shall be notified in writing of an extension under paragraph (c) of this section. The notice shall state the reason for the extension and the date on which a determination on the request is expected to be made. (e) Treatment of delay as denial. If no determination has been reached at the end of the 10 working day period for deciding an initial request, or an extension thereof under paragraph (c) of this section, the requester may deem the request denied and may exercise a right of appeal in accordance with Sec. 2.18. (f) Notice of delay. When a determination cannot be reached within the time limit, or extension thereof, the requester shall be notified of the reason for the delay, of the date on which a determination may be expected, and of the right to treat the delay as a denial for purposes of appeal to the Assistant Secretary--Policy, Budget and Administration, including a description of the procedures for filing an appeal in Sec. 2.18. Sec. 2.18 Appeals. (a) Right of appeal. A requester may appeal to the Assistant Secretary--Policy, Budget and Administration when-- (1) Records have been withheld, (2) A request has been denied for failure to describe requested records or for other procedural deficiency or because requested records cannot be located, (3) A fee waiver has been denied, or (4) A request has not been decided within the time limits provided in Sec. 2.17. (b) Time for appeal. An appeal must be received no later than 20 working days after the date of the initial denial, in the case of a denial of an entire request, or 20 working days after records have been made available, in the case of a partial denial. (c) Form of appeal. (1) An appeal shall be initiated by filing a written notice of appeal. The notice shall be accompanied by copies of the original request and the initial denial and should, in order to expedite the appellate process and give the requester an opportunity to present his or her arguments, contain a brief statement of the reasons why the requester believes the initial denial to have been in error. (2) The appeal shall be addressed to the Freedom of Information Act Appeals Officer, Office of the Assistant Secretary--Policy, Budget and Administration, U.S. Department of the Interior, Washington, DC 20240. (3) To expedite processing, both the envelope containing a notice of appeal and the face of the notice should bear the legend ``FREEDOM OF INFORMATION APPEAL.'' Sec. 2.19 Action on appeals. (a) Authority. Appeals shall be decided by the Assistant Secretary-- Policy, Budget and Administration, or the Assistant Secretary's designee, after consultation with the Solicitor, the Director of Public Affairs and the appropriate program Assistant Secretary. (b) Time limit. A final determination shall be made within 20 working days after receipt of an appeal meeting the requirements of Sec. 2.18(c). (c) Extensions of time. (1) If the time limit for responding to the initial request for a record was not extended under the provisions of Sec. 2.17(c) or was extended for fewer than 10 working days, the time for processing of the appeal may be extended to the extent reasonably necessary to the proper processing of the appeal, but in no event may the extension, when taken together with any extension made during processing of the initial request, result in an aggregate extension with respect to any one request of more than 10 working days. The time for processing of an appeal may be extended only if one or more of the unusual circumstances listed in Sec. 2.17(c) requires an extension. (2) The appellant shall be advised in writing of the reasons for the extension and the date on which a final determination on the appeal is expected to be dispatched. (3) If no determination on the appeal has been reached at the end of the 20 working day period, or the extension thereof, the requester is deemed to have exhausted his administrative remedies, giving rise to a right of review in a district court of the United States, as specified in 5 U.S.C. 552(a)(4). [[Page 15]] 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 reached to be dispatched and of the right to seek judicial review. (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--Policy, Budget and Administration shall immediately make the records available or instruct the appropriate bureau 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 the right to obtain judicial review in the U.S. District Court for the district in which the withheld records are located, or in which the requester resides or has his or her principal place of business or in the U.S. 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 a requested record (or portion thereof) is being made available over the objections of a submitter made in accordance with Sec. 2.15(d), the submitter shall be provided notice as described in Sec. 2.16(b)(2). Sec. 2.20 Fees. (a) Policy. (1) Unless waived pursuant to the provisions of Sec. 2.21, fees for responding to FOIA requests shall be charged in accordance with the provisions of this section and the schedule of charges contained in Appendix A to this part. (2) Fees shall not be charged if the total amount chargeable does not exceed $15.00. (3) Where there is a reasonable basis to conclude that a requester or group of requesters acting in concert has divided a request into a series of requests on a single subject or related subjects to avoid assessment of fees, the requests may be aggregated and fees charged accordingly. (b) Commercial use requests. (1) A requester seeking records for commercial use shall be charged fees for costs incurred in document search, duplication and review. (2) A commercial use requester may not be charged fees for time spent resolving legal and policy issues affecting access to requested records. (3) A commercial use request is a request from or on behalf of a person who seeks information for a use or purpose that further the commercial, trade or profit interests of the requester or the person on whose behalf the request is made. The intended use of records may be determined on the basis of information submitted by a requester and from reasonable inferences based on the identity of the requester and any other available information. (c) Educational and noncommercial scientific institution requests. (1) A requester seeking records under the auspices of an educational institution in furtherance of scholarly research or a noncommercial scientific institution in furtherance of scientific research shall be charged for document duplication, except that the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge. (2) Such requesters may not be charged fees for costs incurred in-- (i) Searching for requested records, (ii) Examining requested records to determine whether they are exempt from mandatory disclosure, (iii) Deleting reasonably segregable exempt matter, (iv) Monitoring the requesters' inspection of agency records, or (v) Resolving legal and policy issues affecting access to requested records. (3) An ``educational institution'' is a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research. (4) A ``noncommercial scientific institution'' is an institution that is not operated for commerce, trade or profit [[Page 16]] and that is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. (d) News media requests. (1) A representative of the new media shall be charged for document duplication, except that the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge. (2) Representatives of the news media may not be charged fees for costs incurred in-- (i) Searching for requested records, (ii) Examining requested records to determine whether they are exempt from mandatory disclosure, (iii) Deleting reasonably segregable exempt matter, (iv) Monitoring the requester's inspection of agency records, or (v) Resolving legal and policy issues affecting access to requested records. (3)(i) A ``representative of the news media'' is any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term ``news'' means information that is about current events or that is (or would be) of current interest to the public. Examples of news media entities include, but are not limited to, television or radio stations broadcasting to the public at large, and publishers of periodicals (but only in those instances when they can qualify as disseminators of ``news'') who make their products available for purchase or subscription by the general public. As traditional methods of news delivery evolve (e.g., electronic dissemination of newspapers through telecommunications services), such alternative media would be included in this category. (ii) Free-lance journalists may be considered ``representatives of the news media'' if they demonstrate a solid basis for expecting publication through a news organization, even though not actually employed by it. A publication contract or past record of publication, or evidence of a specific free-lance assignment from a news organization may indicate a solid basis for expecting publication. (e) Other requests. (1) A requester not covered by paragraphs (b), (c) or (d) of this section shall be charged fees for document search and duplication, except that the first two hours of search time and the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge. (2) Such requesters may not be charged for costs incurred in-- (i) Examining requested records to determine whether they are exempt from disclosure, (ii) Deleting reasonably segregable exempt matter, (iii) Monitoring the requester's inspection of agency records, or (iv) Resolving legal and policy issues affecting access to requested records. (f) Requests for clarification. Where a request does not provide sufficient information to determine whether it is covered by paragraph (b), (c), (d) or (e) of this section, the requester should be asked to provide additional clarification. If it is necessary to seek such clarification, the request may be deemed to have not been received for purposes of the time limits established in Sec. 2.17 until the clarification is received. Requests to requesters for clarification shall be made promptly. (g) Notice of anticipated fees. Where a request does not state a willingness to pay fees as high as anticipated by the Department, and the requester has not sought and been granted a full waiver of fees under Sec. 2.21, the request may be deemed to have not been received for purposes of the time limits established in Sec. 2.17 until the requester has been notified of and agrees to pay the anticipated fee. Advice to requesters with respect to anticipated fees shall be provided promptly. (h) Advance payment. (1) Where it is anticipated that allowable fees are likely to exceed $250.00 and the requester does not have a history of prompt payment of FOIA fees, the requester may be required to make an advance payment of the entire fee before processing of his or her request. (2) Where a requester has previously failed to pay a fee within 30 calendar days of the date of billing, processing of any new request from that requester shall ordinarily be suspended until the [[Page 17]] requester pays any amount still owed, including applicable interest, and makes advance payment of allowable fees anticipated in connection with the new request. (3) Advance payment of fees may not be required except as described in paragraphs (h) (1) and (2) of this section. (4) Issuance of a notice requiring payment of overdue fees or advance payment shall toll the time limit in Sec. 2.17 until receipt of payment. (i) Form of payment. Payment of fees should be made by check or money order payable to the Department of the Interior or the bureau furnishing the information. The term United States or the initials ``U.S.'' should not be included on the check or money order. Where appropriate, the official responsible for handling a request may require that payment by check be made in the form of a certified check. (j) Billing procedures. A bill for collection, Form DI-1040, shall be prepared for each request that requires collection of fees. The requester shall be provided the first sheet of the DI-1040. This Accounting Copy of the Form shall be transmitted to the agency's finance office for entry into accounts receivable records. Upon receipt of payment from the requester, the recipient shall forward the payment along with a copy of the DI-1040 to the finance office. (k) Collection of fees. The bill for collection or an accompanying letter to the requester shall include a statement that interest will be charged in accordance with the Debt Collection Act of 1982, 31 U.S.C. 3717, and implementing regulations, 4 CFR 102.13, if the fees are not paid within 30 calendar days of the date of the bill for collection is mailed or hand-delivered to the requester. This requirement does not apply if the requester is a unit of state or local government. Other authorities of the Debt Collection Act of 1982 shall be used, as appropriate, to collect the fees (see 4 CFR parts 101-105). Sec. 2.21 Waiver of fees. (a) Statutory fee waiver. (1) Documents shall be furnished without charge or at a charge reduced below the fees chargeable under Sec. 2.20 and appendix A to this part if disclosure of the information is in the public interest because it-- (i) Is likely to contribute significantly to public understanding of the operations or activities of the government and (ii) Is not primarily in the commercial interest of the requester. (2) Factors to be considered in determining whether disclosure of information ``is likely to contribute significantly to public understanding of the operations or activities of the government'' are the following: (i) Does the record concern the operations or activities of the government? Records concern the operations or activities of the government if they relate to or will illuminate the manner in which the Department or a bureau is carrying out identifiable operations or activities or the manner in which an operation or activity affects the public. The connection between the records and the operations and activities to which they are said to relate should be clear and direct, not remote and attenuated. Records developed outside of the government and submitted to or obtained by the Department may relate to the operations and activities of the government if they are informative on how an agency is carrying out its regulatory, enforcement, procurement or other activities that involve private entities. (ii) If a record concerns the operations or activities of the government, is its disclosure likely to contribute to public understanding of these operations and activities? The likelihood of a contribution to public understanding will depend on consideration of the content of the record, the identity of the requester, and the interrelationship between the two. Is there a logical connection between the content of the requested record and the operations or activities in which the requester is interested? Are the disclosable contents of the record meaningfully informative on the operations or activities? Is the focus of the requester on contribution to public understanding, rather than on the individual understanding of the requester or a narrow segment of interested persons? Does the requester have expertise in the subject area and the ability and intention to disseminate [[Page 18]] the information to the general public or otherwise use the information in a manner that will contribute to public understanding of government operations or activities? Is the requested information sought by the requester because it may be informative on government operations or activities or because of the intrinsic value of the information independent of the light that it may shed on government operations or activities? (iii) If there is likely to be a contribution to public understanding, will that contribution be significant? A contribution to public understanding will be significant if the information disclosed is new, clearly supports public oversight of Department operations, including the quality of Department activities and the effect of policy and regulations on public health and safety, or otherwise confirms or clarifies data on past or present operations of the Department. A contribution will not be significant if disclosure will not have a positive impact on the level of public understanding of the operations or activities involved that existed prior to the disclosure. In particular, a significant contribution is not likely to arise from disclosure of information already in the public domain because it has, for example, previously been published or is routinely available to the general public in a public reading room. (3) Factors to be considered in determining whether disclosure ``is primarily in the commercial interest of the requester'' are the following: (i) Does the requester have a commercial interest that would be furthered by the requested disclosure? A commercial interest is a commercial, trade or profit interest as these terms are commonly understood. An entity's status is not determinative. Not only profit- making corporations, but also individuals or other organizations, may have a commercial interest to be served by disclosure, depending on the circumstances involved. (ii) If the requester has a commercial interest, will disclosure be primarily in that interest? The requester's commercial interest is the primary interest if the magnitude of that interest is greater than the public interest to be served by disclosure. Where a requester is a representative of a news media organization seeking information as part of the news gathering process, it may be presumed that the public interest outweighs the organization's commercial interest. (4) Notice of denial. If a requested statutory fee waiver or reduction is denied, the requester shall be notified in writing. The notice shall include: (i) A statement of the basis on which the waiver or reduction has been denied. (ii) A listing of the names and titles or positions of each person responsible for the denial. (iii) A statement that the denial may be appealed to the Assistant Secretary--Policy, Budget and Administration and a description of the procedures in Sec. 2.18 for appeal. (b) Discretionary waivers. Fees otherwise chargeable may be waived at the discretion of a bureau if a request involves: (1) Furnishing unauthenticated copies of documents reproduced for gratuitous distribution; (2) 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; (3) Furnishing one copy of the transcript of a hearing before a hearing officer in a grievance or similar proceeding to the employee for whom the hearing was held. (4) Furnishing records to donors with respect to their gifts; (5) Furnishing records to individuals or private non-profit organizations having an official voluntary or cooperative relationship with the Department to assist the individual or organization in its work with the Department; (6) Furnishing records to state, local and foreign governments, public international organizations, and Indian tribes, when to do so without charge is an appropriate courtesy, or when the recipient is carrying on a function related to that of the Department and to do so will help to accomplish the work of the Department; (7) Furnishing a record when to do so saves costs and yields income equal to the direct cost of providing the records [[Page 19]] (e.g., where the Department's fee for the service would be included in a billing against the Department); (8) Furnishing records when to do so is in conformance with generally established business custom (e.g., furnishing personal reference data to prospective employers of former Department employees); (9) Furnishing one copy of a record in order to assist the requester to obtain financial benefits to which he or she is entitled (e.g., veterans or their dependents, employees with Government employee compensation claims or persons insured by the Government). Sec. 2.22 Special rules governing certain information concerning coal obtained under the Mineral Leasing Act. (a) Definitions. As used in the section: (1) Act means the Mineral Leasing Act of February 25, 1920, as amended by the Act of August 4, 1976, Pub. L. 94-377, 90 Stat. 1083 (30 U.S.C. 181 et seq.), and the Mineral Leasing Act for Acquired Lands, as amended (30 U.S.C. 351 et seq.) (2) Exploration license means a license issued by the Secretary of the Interior to conduct coal exploration operations on land subject to the Act pursuant to the authority in section 2(b) of the Act, as amended (30 U.S.C. 201(b)). (3) Fair-market value of coal to be leased means the minimum amount of a bid the Secretary has determined he is willing to accept in leasing coal within leasing tracts offered in general lease sales or reserved and offered for lease to public bodies, including Federal agencies, rural electric cooperatives, or non-profit corporations, controlled by any of such entities pursuant to section 2(a) of the Act (30 U.S.C. 201(a)(1)). (4) Information means data, statistics, samples and other facts, whether analyzed or processed or not, pertaining to Federal coal resources, which fit within an exemption to the Freedom of Information Act, 5 U.S.C. 552(b). (b) Applicability. This section applies to the following categories of information: (1) Category A. Information provided to or obtained by a bureau under section 2(b)(3) of the Act from the holder of an exploration license; (2) Category B. Information acquired from commercial or other sources under service contract with Geological Survey pursuant to section 8A(b) of the Act, and information developed by the Geological Survey under an exploratory program authorized by section 8A of the Act; (3) Category C. Information obtained from commercial sources which the commercial source acquired while not under contract with the United States Government; (4) Category D. Information provided to the Secretary by a federal department or agency pursuant to section 8A(e) of the Act; and (5) Category E. The fair-market value of coal to be leased and comments received by the Secretary with respect to such value. (c) Availability of information. Information obtained by the Department from various sources will be made available to the public as follows: (1) Category A--Information. Category A information shall not be disclosed to the public until after the areas to which the information pertains have been leased by the Department, or until the Secretary determines that release of the information to the public would not damage the competitive position of the holder of the exploration license, whichever comes first. (2) Category B--Information. Category B information shall not be withheld from the public; it will be made available by means of and at the time of open filing or publication by Geological Survey. (3) Category C--Information. Category C information shall not be made available to the public until after the areas to which the information pertains have been leased by the Department. (4) Category D--Information. Category D information shall be made available to the public under the terms and conditions to which, at the time he or she acquired it, the head of the department or agency from whom the Secretary later obtained the information agreed. (5) Category E--Information. Category E information shall not be made public until the lands to which the information pertains have been leased, or until the Secretary has determined that its [[Page 20]] release prior to the issuance of a lease is in the public interest.