[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: 43CFR2.31]

[Page 25-26]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
 
                         Subpart D--FOIA Appeals
 
Sec. 2.31  How will DOI respond to my appeal?

    (a) Appeals will be decided by the FOIA Appeals Officer. When 
necessary, the FOIA Appeals Officer will consult other appropriate 
offices, including the Office of the Solicitor (in the case of all 
denials of information and fee waivers, and other technical issues as 
necessary).
    (b) The final decision on an appeal will be in writing and will 
state the basis for DOI's decision as follows:
    (1) Decision to release or withhold records. (i) If the FOIA Appeals 
Officer decides to release the withheld records or portions thereof, he/
she will make the records available or instruct the appropriate bureau 
to make them available as soon as possible.
    (ii) If the FOIA Appeals Officer decides to uphold in whole or part 
the denial of a request for records, he/she will advise you of your 
right to obtain judicial review.
    (2) Non-possession of records. If the FOIA Appeals Officer decides 
that the requested records exist, the bureau that has the records will 
issue a response to you promptly and the FOIA Appeals Officer will close 
the file on your appeal. If the FOIA Appeals Officer decides that the 
requested records cannot be located or do not exist, he/she will advise 
you of your right to treat the decision as a denial and seek judicial 
review.
    (3) Non-response to a FOIA request. If a bureau has not issued an 
appropriate response to your FOIA request within the 20-workday 
statutory time limit, the FOIA Appeals Officer will direct the bureau to 
issue a response directly to you as soon as possible. If the bureau 
responds to your request within 20-workdays after receipt of the appeal, 
the FOIA Appeals Officer will close the file on your appeal. Otherwise, 
the FOIA Appeals Officer will advise you that you may treat the lack of 
a response by the bureau as a denial of your appeal and seek judicial 
review.
    (4) Incomplete response to a FOIA request. If a bureau has not 
issued a complete response to your FOIA request, the FOIA Appeals 
Officer will direct the bureau to issue a complete response directly to 
you as soon as possible, and provide you with the name and telephone 
number of a contact person. The FOIA Appeals Officer will close your 
FOIA appeal and advise you that you may treat the incomplete response by 
the bureau as a denial of your appeal and seek judicial review.
    (5) Procedural deficiencies. If the FOIA Appeals Officer decides 
that the bureau was in error, he/she will instruct the bureau to correct 
the error and advise you accordingly. If the FOIA Appeals Officer 
decides that the bureau acted properly, he/she will deny your appeal and 
advise you of your right to seek judicial review.
    (6) Fee waiver denials. If the decision is to grant your request for 
a fee waiver, the FOIA Appeals Officer will advise

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the appropriate bureau of the Department's decision and instruct the 
bureau to proceed with processing the request or to refund any monies 
you have paid. If the decision is to deny the fee waiver request, the 
Department will advise you of your right to seek judicial review. You 
also should contact the bureau office to make further arrangements to 
process your request if you still wish to obtain the records.
    (7) Denial of expedited processing. If the FOIA Appeals Officer 
decides to grant expedited processing, he/she will direct the bureau to 
process your request as soon as practicable. If your request for 
expedited processing is denied on appeal, the FOIA Appeals Officer will 
advise you of your right to seek judicial review of the denial of 
expedited processing.