[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: 43CFR2.22]

[Page 20-21]
 
                    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. 2.22  What happens if a bureau receives a request for records it does not have or did not create?

    (a) Consultations/referrals within DOI. (1) If a bureau receives a 
request for records not in its possession, but which it knows another 
bureau has or is likely to have, it will refer the request to that 
bureau(s) for response. It also will notify you of the referral in 
writing and provide the name of a contact in the other bureau(s) to 
which the referral was made. The time limit for responding to your 
request starts when the request reaches the bureau office that has the 
records.
    (2) If a bureau (other than the Office of Inspector General) 
receives a request for records in its possession that another bureau 
created or is substantially concerned with, it will consult with the 
other bureau before deciding whether to release or withhold the

[[Page 21]]

records. As an alternative, the bureau may refer the request along with 
the records to that bureau for direct response. It will notify you of 
the referral in writing and provide the name of a contact in the other 
bureau(s) to which the referral was made. Such a referral does not 
restart the statutory time limit for responding to your request.
    (b) Consultations/referrals with agencies outside DOI. (1) If a 
bureau receives a request for records not in its possession, but which 
the bureau believes may be in the possession of another Federal agency, 
the bureau will return your request and advise you to submit it directly 
to the other agency. If you still believe that the records exist within 
DOI, you should notify the bureau FOIA contact of any additional 
information which leads you to believe the records exist and where they 
might be found. Alternatively, you may treat such a response as a denial 
of records and file an appeal.
    (2) If, in response to a request, a bureau locates documents that 
originated with another Federal agency, it will refer the request, along 
with any responsive document(s), to that agency for a release 
determination and direct response. If the bureau refers the documents to 
another agency, it will notify you of the referral in writing and 
provide the name of a contact at the other agency. However, in the 
following situations, the bureau will make the release determination, 
after consulting with the originating agency:
    (i) When the record is of primary interest to DOI (a record is of 
primary interest to DOI if it was developed or prepared according to DOI 
regulations or directives, or in response to a DOI request);
    (ii) If DOI is in a better position than the originating agency to 
assess whether the record is exempt from disclosure;
    (iii) If the originating agency is not subject to the FOIA; or
    (iv) When it is more efficient or practical depending on the 
circumstances.
    (3) If a bureau receives a request for records which have been 
classified by another agency under Executive Order 12958, Classified 
National Security Information, or superseding Executive order, it must 
refer the request to that agency for response.