[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: 43CFR2.8]

[Page 12-14]
 
                    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. 2.8  What information do I include in my request?

    (a) Description of records.
    (1) You must describe the requested records in enough detail to 
enable an employee familiar with the subject area of the request to 
locate the record(s) with a reasonable amount of effort. Be as specific 
as possible in describing the records you are seeking. For example, 
whenever possible:
    (i) Identify the date, title or name, author, recipient, and the 
subject of the record; the office that created it, the present custodian 
of the record and the geographical location (e.g., headquarters or a 
regional/field office); the timeframe for which you are seeking records; 
and any other information

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that will assist the bureau in locating the material.
    (ii) If the request involves a matter in litigation, state the case 
name and docket number as well as the court in which the case was filed.
    (2) The bureau will not begin processing your request until any 
issues regarding the scope or nature of your request are resolved. When 
a request is overly broad, unclear, involves an extremely voluminous 
amount of records, or a burdensome search, the bureau will contact you 
to identify and clarify the records you are seeking. It will work with 
you to define the subject matter, clarify terms that are used, or narrow 
the scope of your request.
    (3) The time limit for responding to your request will not start 
until the bureau receives a request reasonably describing the records or 
clarifying the initial request. If the bureau asks you for additional 
clarification and does not hear from you within 20 workdays, it will 
assume that you are no longer interested in pursuing your request and 
will close the file on your request.
    (b) Fee information.
    (1) Unless you request a fee waiver (see paragraph (b)(2) of this 
section), you should state that you are willing to pay all fees 
associated with processing your request or that you are willing to pay 
up to a specified amount. The bureau will not begin processing your 
request until this written assurance has been received. If the bureau 
anticipates that the fees for processing your request exceed the amount 
you have indicated you are willing to pay, the bureau will notify you 
that it needs your assurance of payment of fees as high as are 
anticipated, or an advance payment (see Sec. 2.18(b) and (c)). If the 
bureau 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.
    (2) You may request a fee waiver. If you are seeking a fee waiver, 
you must provide sufficient justification to support your fee waiver 
request (see the criteria in Sec. 2.19 and in Appendix D to this part). 
Failure to provide adequate justification will result in a denial of 
your fee waiver request. Remember that if you are requesting a fee 
waiver, the burden is on you to demonstrate in your request that you are 
entitled to it. The bureau will not begin processing your request until 
the fee issues are resolved. As an option, at the same time you request 
a fee waiver you may state your willingness to pay regardless of whether 
a fee waiver is granted. This will permit the bureau to process your 
request for records at the same time it is considering the fee waiver 
request. If you are required to pay a fee, and it is later determined on 
appeal that you are entitled to a full or partial fee waiver, an 
appropriate refund will be made.
    (3) You should indicate what fee category you are in, i.e., if you 
are a commercial-use requester, news media, educational institution/
noncommercial scientific institution, or other requester (see Secs. 2.3 
and 2.17(a)). If you submit a FOIA request on behalf of another person 
or organization (for example, if you are an attorney submitting a 
request on behalf of a client), it is the underlying requester's 
identity and intended use that determines the fee category. If your fee 
category is unclear to the bureau, the 20-workday statutory time limit 
for processing your request will not begin to run (see Sec. 2.12(b)) 
until this matter has been resolved. If the bureau requests additional 
clarification 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.
    (c) Mailing address information: Your postal address is required for 
the bureau to mail any responsive documents to you.
    (d) The following information will assist the bureau in processing 
your request:
    (1) The words ``FOIA REQUEST'' (prominently displayed) on the 
request letter and the envelope, or subject line of a request sent via 
e-mail or fax, or ``PRIVACY ACT REQUEST'' when requesting records 
pertaining to yourself that you believe are covered by the Privacy Act, 
as well as citing the appropriate act in your letter;
    (2) Your telephone number (where you can be reached during normal 
business hours), e-mail address and fax

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number, if available, in case the bureau, or the Department needs to 
communicate with you about your request. This information is very 
important.
    (3) A list of all the bureau FOIA Contacts to which you are sending 
your request. For the quickest possible handling, you should address a 
separate copy of your request to each bureau FOIA Contact where you 
believe the records are maintained.
    (4) When making a request for personal records about another 
individual, a written authorization from that individual and any other 
information required by the Privacy Act system of records notice; or 
proof that the individual is deceased (for example, a copy of a death 
certificate or an obituary) as the Privacy Act does not apply to a 
deceased individual. (Note: Information about a deceased individual may 
be subject to protection under exemption (6) of the FOIA if the release 
of the information could result in an invasion of the privacy of a 
living individual.)