[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1008.15]

[Page 248-249]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                        CHAPTER X--PRESIDIO TRUST
 
PART 1008--REQUESTS UNDER THE PRIVACY ACT--Table of Contents
 
Sec. 1008.15  Requests for access to records: Initial decision.

    (a) Decisions on requests. A request made under this part for access 
to a record shall be granted promptly unless the record:
    (1) Was compiled in reasonable anticipation of a civil action or 
proceeding; or
    (2) Is contained in a system of records which has been excepted from 
the access provisions of the Privacy Act by rulemaking.
    (b) Authority to deny requests. A decision to deny a request for 
access under this part shall be made by the Privacy Act Officer in 
consultation with the General Counsel.
    (c) Form of decision. (1) No particular form is required for a 
decision granting access to a record. The decision shall, however, 
advise the individual requesting the record as to where and when the 
record is available for inspection or, as the case may be, where and 
when copies will be available. If fees are due under Sec. 1008.15(d), 
the individual requesting the record shall also be notified of the 
amount of fees due or, if the exact amount has not been determined, the 
approximate amount of fees due.
    (2) A decision denying a request for access, in whole or part, shall 
be in writing and shall:
    (i) State the basis for denial of the request;
    (ii) Contain a statement that the denial may be appealed to the 
Executive Director pursuant to Sec. 1008.16 by writing to the Executive 
Director, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-
0052; and (iii) State that the appeal must be received by the foregoing 
official within 20 working days of the date of the decision.
    (3) If the decision denying a request for access involves records 
which fall under the jurisdiction of another agency, the individual 
shall be informed in a written response which shall:
    (i) State the reasons for the denial;
    (ii) Include the name, position title, and address of the official 
responsible for the denial; and
    (iii) Advise the individual that an appeal of the declination may be 
made only to the appropriate official of the relevant agency, and 
include that official's name, position title, and address.

[[Page 249]]

    (4) Copies of decisions denying requests for access made pursuant to 
paragraphs (c)(2) and (c)(3) of this section will be provided to the 
Privacy Act Officer.
    (d) Fees. (1) No fees may be charged for the cost of searching for 
or reviewing a record in response to a request made under Sec. 1008.14.
    (2) Unless the Privacy Act Officer determines that reduction or 
waiver of fees is appropriate, fees for copying a record in response to 
a request made under Sec. 1008.14 shall be charged in accordance with 
the provisions of this section and the current schedule of charges 
determined by the Executive Director and published in the compilation 
provided under Sec. 1001.7(b) of this chapter. Such charges shall be set 
at the level necessary to recoup the full allowable direct costs to the 
Trust.
    (3) Where it is anticipated that fees chargeable in connection with 
a request will exceed the amount the person submitting the request has 
indicated a willingness to pay, the Privacy Act Officer shall notify the 
requester and shall not complete processing of the request until the 
requester has agreed, in writing, to pay fees as high as are 
anticipated.