[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: 43CFR2.25]

[Page 23]
 
                    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. 2.25  How will a bureau handle a request for Federally-funded research data in the possession of a private entity?

    When published research findings are produced under a grant or other 
Federal assistance, and the findings are used by a bureau in developing 
an agency action, e.g., a policy or regulation, research data related to 
such findings are considered agency records even if they are in the 
possession of the recipient of the Federal financial assistance 
(recipient).
    (a) If you submit a FOIA request for such research data, the bureau 
will require the recipient to provide the information to it within a 
reasonable amount of time, so the bureau can consider the data for 
release to the public under the FOIA.
    (b) The bureau will notify you that it may charge you for any 
additional fees incurred as a result of obtaining the research data from 
the recipient. This fee is in addition to any fees the bureau may charge 
to process your request under the FOIA.
    (c) The bureau will forward a copy of the request to the recipient, 
who is responsible for searching for and reviewing the requested 
information in accordance with DOI's FOIA regulations (43 CFR part 2). 
The recipient will forward a copy of any responsive records that are 
located, along with his/her recommendations concerning the releasability 
of the data, and the total cost incurred in searching for, reviewing, 
and providing the data to the appropriate bureau FOIA contact.
    (d) The bureau will review and consider the recommendations of the 
recipient regarding the releasability of the requested data. However, it 
is the bureau, rather than the recipient, that is responsible for 
deciding whether the information will be released or withheld.