[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2.16]

[Page 13]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
 
                     Subpart B--Requests for Records
 
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, 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.