[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: 43CFR2.21]

[Page 19-20]
 
                    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. 2.21  How will the bureau respond to my request?

    (a) After all the criteria in Secs. 2.8 and 2.10 have been met, the 
bureau will make a reasonable effort to search for records responsive to 
your request. In determining which records are responsive to your 
request, the bureau will include any records in its possession and 
control as of the date it begins its search. This will include searching 
for records in an electronic form/format, except where it would 
interfere significantly with the bureau's automated information systems.
    (b) In response to your request, the bureau will do one of two 
things:
    (1) Include the requested records with the response letter or notify 
you of how, when, and where the records will be made available; or

[[Page 20]]

    (2) Deny part or all of your request, except that the bureau may, 
consistent with Departmental policy, determine that a discretionary 
release is appropriate under the particular circumstances. Your request 
will be denied or partially denied only if one of the nine statutory 
exemptions listed in Appendix E to this part applies to all or part of 
the records you have requested.
    (c) Where a document contains both exempt and nonexempt material, 
the bureau will generally separate and release the nonexempt 
information. When disclosing a record in part, the bureau will indicate 
on the released portion of the record how much information was deleted, 
unless doing so would harm an interest protected by the exemption used 
to withhold the information. Further, if technically feasible, the 
amount of information deleted and the exemption used to withhold the 
information will be indicated where the deletion is made. If the 
nonexempt material is so intertwined with the exempt material that 
disclosure of it would leave only meaningless words and phrases, the 
entire portion may be withheld.
    (d) If a bureau denies your request for records in whole or in part, 
the bureau's response will include:
    (1) A reference to the specific exemption or exemptions authorizing 
the withholding;
    (2) An explanation of the reason(s) for the denial;
    (3) An estimate of the volume of information being withheld. The 
bureau will make a reasonable effort to estimate the volume of any 
records denied, or portions of records (e.g., 100 pages, 4 Federal 
Record Center boxes, 1,000 kilobytes, etc.), unless such an estimate 
would harm an interest protected by the exemption used to withhold the 
information.
    (4) The name(s) and title(s) of the person(s) responsible for the 
denial;
    (5) The name and title of the Office of the Solicitor attorney 
consulted; and
    (6) A statement that the denial may be appealed to the FOIA Appeals 
Officer (see Appendix A to this part), within 30 workdays of the date of 
the denial letter or 30 workdays after the records have been released 
under the procedures in Sec. 2.30.
    (e) If records do not exist within DOI, cannot be located, are not 
reasonably described, or if a procedural issue remains unresolved (e.g., 
a fee issue), the bureau will respond to you in writing, including the 
following information, as applicable:
    (1) An explanation of the basis of the decision;
    (2) The name(s) and title(s) of the person(s) responsible for the 
decision; and
    (3) A statement that the matter may be appealed within 30 workdays 
of the date of the response, to the FOIA Appeals Officer under the 
procedures in Sec. 2.30.
    (f) The bureau must consult with the Office of the Solicitor if it 
is considering withholding a requested record or denying a fee waiver.
    (g) If any fees are due, the bureau will notify you in writing of 
the amount.
    (h) All bureau responses will include the name and telephone number 
of a contact person in case you have questions concerning the response.
    (i) Requests for information concerning coal under the Mineral 
Leasing Act or the Mineral Leasing Act for Acquired Lands are subject to 
special rules (see Appendix F to this part).