[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

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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]