[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2.18]

[Page 18]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
 
             Subpart C--Requests for Records under the FOIA
 
Sec. 2.18  How are fees assessed and collected?

    (a) Threshold for charging fees. Except in those situations covered 
by Sec. 2.16(b)(2), the bureau will not charge you if the fee is $30 or 
less.
    (b) Notice of anticipated fees. (1) Unless you have been granted a 
fee waiver or have previously agreed to pay all the fees associated with 
your request, or the anticipated fee is $30 or less, the bureau will:
    (i) Promptly notify you of the estimated costs and ask you to 
provide written assurance of payment of all fees or fees up to a 
designated amount; and
    (ii) Give you an opportunity to modify your request at that time to 
reduce the fee.
    (2) After the bureau begins processing your request, if it finds 
that the actual cost will exceed the amount you previously agreed to 
pay, the bureau will:
    (i) Stop processing your request;
    (ii) Promptly notify you of the higher amount and ask you to provide 
written assurance of payment; and
    (iii) Give you an opportunity to modify your request to reduce the 
fee.
    (c) Advance payment. (1) The bureau will require advance payment 
when the estimated fee is over $250 and--
    (i) You have never made a FOIA request to DOI requiring you to pay 
fees; or
    (ii) You did not pay a previous FOIA fee promptly.
    (2) If you have previously failed to pay a fee within 30 calendar 
days of the date of billing, the bureau will require you to:
    (i) Pay the full amount owed plus any applicable interest penalties 
(see paragraph (g) of this section) and to make an advance payment of 
the full amount of the estimated fee of the new request; or
    (ii) Demonstrate that you have, in fact, paid the prior fee.
    (3) At the same time the bureau notifies you that an advance payment 
is due, it will give you an opportunity to modify your request to reduce 
the fee.
    (d) Resolving the fee issue. The bureau will not start processing 
your request until the fee issue has been resolved (see Secs. 2.8(b) and 
2.12(b)). If the bureau seeks clarification from you about a fee issue 
and does not hear from you within 20 workdays, it will assume that you 
are no longer interested in this matter and will close the file on your 
request.
    (e) Billing procedures. If you are required to pay a fee associated 
with your request, the bureau that processes your request will send you 
a bill for collection.
    (f) Form of payment. You should submit a check or money order made 
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. Some bureaus accept 
payment by credit card. Contact the bureau to determine what forms of 
payment it accepts.
    (g) Failure to pay fees. The bill for collection or the response 
letter will include a statement that interest will be charged in 
accordance with the Debt Collection Act of 1982, as amended (31 U.S.C. 
3717) and implementing regulations, if the fees are not paid within 30 
calendar days of the date of the bill. This requirement does not apply 
if the requester is a state, local, or tribal government.