[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.25]
[Page 16-22]
TITLE 7--AGRICULTURE
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
Subpart A_Official Records
Sec. 1.25 Implementing regulations for the Office of the Secretary
and the Office of Communications.
(a) For the Office of the Secretary and for the Office of
Communications, the regulations required by Sec. 1.3 are as follows:
(1) Records available for public inspection and copying may be
obtained in Room 536-A, Jamie L. Whitten Federal Building, USDA,
Washington, DC 20250 during the hours of 9 a.m. to 5 p.m. by prior
appointment;
(2) Any indexes and supplements which are maintained in accordance
with the requirements of 5 U.S.C. 552(a)(2) and Sec. 1.5(b) will also
be available in Room 536-A, Jamie L. Whitten Federal Building, USDA,
Washington, DC 20250 during the hours of 9 a.m. to 5 p.m.;
(3) The person authorized to receive Freedom of Information Act
requests and to determine whether to grant or deny such requests is the
FOIA Officer, Office of Communications, USDA, Washington, DC 20250;
(4) The official authorized to receive appeals from denial of FOIA
requests and to determine whether to grant or deny such appeals is the
Director of Communications, Office of Communications, USDA, Washington,
DC 20250.
(b) The organization and functions of the Office of the Secretary
and the Office of Communications is as follows:
(1) The Office of the Secretary provides the overall policy guidance
and direction of the activities of the Department of Agriculture.
Department-wide policy statements and announcements are made from this
office.
(2) The Office of the Secretary consists of the Secretary, Deputy
Secretary, Under Secretaries, Assistant Secretaries, and other staff
members.
(3) In the absence of the Secretary and the Deputy Secretary,
responsibility for the operation of the Department of Agriculture is as
delegated at part 2, subpart A, of this title.
(4) The Office of Communications provides policy direction, review,
and coordination of public information programs of the Department of
Agriculture. The Office of Communications has responsibility for
maintaining the
[[Page 17]]
flow of information to the mass communications media, various
constituency groups, and the general public.
(5) The Office of Communications is headed by the Director of
Communications. In the Director's absence, the Office of Communications
is headed by the Deputy Director.
[65 FR 46341, July 28, 2000]
Appendix A to Subpart A of Part 1--Fee Schedule
Section 1. General.
This schedule sets forth fees to be charged for providing copies of
records--including photographic reproductions, microfilm, maps and
mosaics, and related services--under the Freedom of Information Act
(FOIA). Records and related services are available at the locations
specified by agencies in their FOIA implementing regulations. The fees
set forth in this schedule are applicable to all agencies of the
Department of Agriculture, and are based upon guidelines prescribed by
the Office of Management and Budget (OMB) issued at 52 FR 10012 (March
27, 1987). No higher fees or charges in addition to those provided for
in this schedule may be charged a party requesting services under the
Freedom of Information Act.
Section 2. Types of services for which fees may be charged.
Subject to the criteria set forth in section 5 of this appendix,
fees may be assessed under the Freedom of Information Act on all
requests involving such services as record search, duplication, and
review. Fees may also be charged in situations involving special service
to a request, such as certifying that records requested are true copies,
or sending records by special methods such as express mail, etc. For
services not covered by the FOIA or by this appendix, agencies may set
their own fees in accordance with applicable law, or costs incurred will
be assessed the requester at the actual cost to the Government. For
example, where records are required to be shipped from one office to
another by commercial carrier in order to timely answer a request, the
actual freight charge will be assessed the requester.
Section 3. Instances in which fees will not be charged.
(a) Except for requests seeking records for a commercial use (as
specified in section 5 of this appendix), no charge shall be made for
either: (1) The first 100 pages of duplicated records (8\1/
2\x14 or smaller-size paper); or (2) The first two
hours of manual search time, or the equivalent value of computer search
time as defined in section 4(e) of this appendix.
(b) No charge shall be made--even to commercial use requesters--if
the cost of collecting a fee would be equal to or greater than the fee
itself. For USDA, this figure has been calculated to be $25.00.
(c) Fees may not be charged for time spent by an agency employee in
resolving legal or policy issues, or in monitoring a requester's
inspection of agency records. No charge shall be made for normal postage
costs.
(d) Records shall also be furnished without charge under the
following conditions:
(1) When filling requests from other Departments or Government
agencies for official use, provided quantities requested are reasonable
in number;
(2) When members of the public provide their own copying equipment,
in which case no copying fee will be charged (although search and review
fees may still be assessed); or
(3) When any notices, decisions, orders, or other materials are
required by law to be served on a party in any proceeding or matter
before any Department agency.
Section 4. Fees for records and related services.
(a) The fee for photocopies of pages 8\1/2\x14
or smaller shall be $0.20 per page (per individual side of sheet).
(b) The fee for photocopies larger than 8\1/
2\x14 shall be $0.50 per linear foot of the
longest side of the copy.
(c) The fee for other forms of duplicated records, such as
microform, audio-visual materials, or machine-readable documentation
(i.e., magnetic tape or disk), shall be the actual direct cost of
producing the records.
(d) Manual searches shall be charged for in one of the two following
manners in the given order:
(1) When feasible, at the salary rate of the employee conducting the
search, plus 16 percent of the employee's basic pay; or
(2) Where a homogeneous class of personnel is used exclusively, at
the rate of $10.00 per hour for clerical time, and $20.00 per hour for
supervisory or professional time. Charges should be computed to the
nearest quarter hour required for the search. A homogeneous class of
personnel, for purposes of conducting manual searches and where more
than one individual is involved, is a group of employees of like rank,
grade, pay or position. A heterogeneous class of personnel is a group of
employees of unlike rank, grade, pay, or position. If a heterogeneous
class of personnel is involved in a search then the search shall be
charged for at the salary rate of the individuals.
(e) Mainframe computer searches and services shall be charged for at
the rates established in the Users Manual or Handbook published by the
computer center at which the work will be performed. Where the rate has
[[Page 18]]
not been established, the rate shall be $27.00 per minute. Searches
using computers other than mainframes shall be charged for at the manual
search rate.
(1) Other rates are published and may be examined at the following
places:
Fort Collins Computer Center Users Manual
Fort Collins Computer Center, U.S. Department of Agriculture, 3825
East Mulberry Street (P.O. Box 1206), Fort Collins, Colo. 80521.
National Finance Center, Cost, Productivity & Analysis Section, U.S.
Department of Agriculture, 13800 Old Gentilly Road, New
Orleans, La. 70129.
Kansas City Computer Center Users Manual Kansas City Computer Center,
U.S. Department of Agriculture, 8930 Ward Parkway (P.O. Box
205), Kansas City, MO. 64141.
Washington Computer Center Users Handbook: Washington Computer Center,
U.S. Department of Agriculture, Room S-100, South Building,
12th Street and Independence Avenue, SW., Washington, DC
20250.
St. Louis Computer Center, U.S. Department of Agriculture, 1520 Market
Street, St. Louis, MO. 63103.
(f) Charges for unsuccessful searches, or searches which fail to
locate records or which locate records which are exempt from disclosure,
shall be assessed at the same fee rate as searches which result in
disclosure of records.
(g) The fee for providing review services shall be the hourly salary
rate (i.e., basic pay plus 16 percent) of the employee conducting the
review to determine whether any information is exempt from mandatory
disclosure.
(h) The fee for Certifications shall be $5.00 each; Authentications
under Department Seal (including aerial photographs), $10.00 each.
(i) All other costs incurred by USDA agencies will be assessed the
requester at the actual cost to the Government.
(j) The fees specified in paragraphs (a) through (g) of this section
apply to all requests for services under the FOIA, unless no fee is to
be charged, or the agency has determined to waive or reduce those fees
pursuant to section 6 of this appendix. No higher fees or charges in
addition to those provided for in this appendix may be charged for
services under the FOIA.
(k) The fees specified in paragraphs (h) and (i) of this section and
in section 17 of this appendix apply to requests for services other than
those subject to the FOIA. The authority for establishment of these fees
is at 31 U.S.C. 9701 and other applicable laws.
(l) Except as provided in section 11 of this appendix, for services
not subject to the FOIA, and not covered by paragraph (h) of this
section, agencies may set their own fees in accordance with applicable
law.
Section 5. Levels of fees for each category of requesters.
Under the FOIA, there are four categories of FOIA requesters:
Commercial use requesters, educational and non-commercial scientific
institutions; representatives of the news media; and all other
requesters. FOIA prescribes specific levels of fees for each category:
(a) Commercial use requesters--For commercial use requesters,
agencies shall assess charges which recover the full direct costs of
searching for, reviewing for release, and duplicating the records
sought. Commercial use requesters are not entitled to the free search
time or duplication referenced in section 3(a) of this appendix.
Agencies may recover the cost of searching for and reviewing records for
commercial use requesters even if there is ultimately no disclosure of
records.
(1) A commercial use requester is defined as one who seeks
information for a use or purpose that furthers the commercial, trade, or
profit interests of the requester or the person on whose behalf the
request is made.
(2) In determining whether a requester properly belongs in this
category, agencies must determine whether the requester will put the
records to a commercial use. Where an agency has reasonable cause to
doubt the use to which a requester will put the records sought, or where
that use is not clear from the request itself, the agency may seek
additional clarification from the requester.
(b) Educational and non-commercial scientific institution
requesters--Fees for this category of requesters shall be limited to the
cost of providing duplication service alone, minus the charge for the
first 100 reproduced pages. No charge shall be made for search or review
services. To qualify for this category, requesters must show that the
request is being made as authorized by and under the auspices of an
eligible institution and that the records are not sought for a
commercial use, but are sought in furtherance of scholarly research (if
the request is from an educational institution) or scientific research
(if the request is from a non-commercial scientific institution).
(1) The term educational institution refers to a preschool, a public
or private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education, and an institution of vocational
education, which operates a program or programs of scholarly research.
(2) The term non-commercial scientific institution refers to
institution that is not operated on a ``commercial'' (see section
5(a)(1)) of this appendix basis, and which is operated solely for the
purpose of conducting scientific research the results of which are not
[[Page 19]]
intended to promote any particular product or industry.
(c) Requesters who are representatives of the news media--Fees for
this category of requesters shall also be limited to the cost of
providing duplication service alone, minus the charge for the first 100
reproduced pages. No charge shall be made for providing search or review
services. Requests in this category must not be made for a commercial
use.
(1) The term representative of the news media refers to any person
actively gathering news for an entity that is organized and operated to
publish or broadcast news to the public.
(2) The term news means information that is about current events or
that would be of current interest to the public.
(3) Examples of news media entities include television or radio
stations broadcasting to the public at large, and publishers of
periodicals which disseminate news and who make their products available
for purchase or subscription by the general public.
(4) Freelance journalists may be regarded as working for a news
organization if they can demonstrate a solid basis for expecting
publication through that organization, even though not actually employed
by it.
(d) All other requesters--Fees for requesters who do not fit into
the categories described in paragraphs (a), (b), or (c) of this section
shall be assessed for the full reasonable direct cost of searching for
and duplicating records that are responsive to a request. No charge,
however, shall be made to requesters in this category for: (1) The first
100 duplicated pages; or (2) the first two hours of manual search time,
or the equivalent value of computer search time as defined in section
4(e) of this appendix.
Section 6. Fee waivers and reductions.
(a) Agencies shall waive or reduce fees on request for records if
disclosure of the information in the records is deemed to be in the
public interest. A request is in the public interest if it is likely to
contribute significantly to public understanding of the operations or
activities of the government, and is not primarily in the commercial
interest of the requester.
(1) In determining when fees shall be waived or reduced, agencies
should consider the following six factors:
(i) The subject of the request, i.e., whether the subject of the
requested records concerns ``the operations or activities of the
government'';
(ii) The informative value of the information to be disclosed, i.e.,
whether the disclosure is ``likely to contribute'' to an understanding
of government operations or activities;
(iii) The contribution to an understanding of the subject by the
general public likely to result from disclosure, i.e., whether
disclosure of the requested information will contribute to ``public
understanding'';
(iv) The significance of the contribution to public understanding,
i.e., whether the disclosure is likely to contribute ``significantly''
to public understanding of government operations or activities;
(v) The existence and magnitude of a commercial interest, i.e.,
whether the requester has a commercial interest that would be furthered
by the requested disclosure; and,
(vi) The primary interest in disclosure, i.e., whether the magnitude
of the identified commercial interest of the requester is sufficiently
large, in comparison with the public interest in disclosure, that
disclosure is ``primarily in the commercial interest of the requester.''
(2) An agency may, in its discretion, waive or reduce fees
associated with a request for disclosure, regardless of whether a waiver
or reduction has been requested, if the agency determines that
disclosure will primarily benefit the general public.
(3) Agencies may also waive or reduce fees under the following
conditions:
(i) Where the furnishings of records or a service without charge or
at a reduced rate is an appropriate courtesy to a foreign country or
international organization, or where comparable fees are set on a
reciprocal basis with a foreign country or an international
organization;
(ii) Where the requester is engaged in a nonprofit activity designed
for the public safety, health, or welfare; or
(iii) Where it is determined that payment of the full fee by a State
or local government or nonprofit group would not be in the interest of
the program involved.
(4) Fees shall be waived, however, without discretion in all
circumstances where the amount of the fee is $25.00 or less.
Section 7. Restrictions regarding copies.
(a) Agencies may restrict numbers of photocopies and directives
furnished the public to one copy of each page. Copies of forms provided
the public shall also be held to the minimum practical. Persons
requiring any large quantities should be encouraged to take single
copies to commercial sources for further appropriate reproduction.
(b) Single or multiple copies of transcripts, provided to the
Department under a reporting service contract, may be obtained by the
public from the contractor at a cost not to exceed the cost per page
charged to the Department for extra copies. The contractor may add a
postage charge when mailing orders to the public, but no other charge
may be added.
[[Page 20]]
Section 8. Payments of fees and charges.
(a) Payments should be billed for to the fullest extent possible at
the time the requested materials are furnished. Payments should be made
by requesters within 30 days of the date of the billing.
(b) Payments shall be made by check, draft, or money order made
payable to the Treasury of the United States, although payments may be
made in cash, particularly where services are performed in response to a
visit to a Department office. All payments should be sent to the address
indicated by the agency responding to the request.
(c) Where the estimated fees to be charged exceed $250.00, agencies
may require an advance payment of an amount up to the full estimated
charges (but not less than 50 percent) from the requester before any of
the requested materials are reproduced.
(d) In instances where a requester has previously failed to pay a
fee, an agency may require the requester to pay the full amount owed,
plus any applicable interest as provided in section 9 of this appendix,
as well as the full estimated fee associated with any new request before
the agency begins to process that new or subsequent request.
Section 9. Interest charges.
On requests that result in fees being assessed, agencies may begin
levying interest charges on an upaid bill starting on the 31st day
following the day on which the billing was sent. Interest will be at the
rate prescribed in 31 U.S.C. 3717, and will accrue from the date of the
billing.
Section 10. Effect of the Debt Collection Act on fees.
In attempting to collect fees levied under the FOIA, agencies shall
abide by the provisions of 31 U.S.C. 3701, 3711-3720A, in disclosing
information to consumer reporting agencies and in the use of collection
agencies, where appropriate, to encourage payment.
Section 11. Photographic and digital reproductions of microfilm, aerial
imagery, and maps.
Microfilm, aerial imagery, and maps that have been obtained in
connection with the authorized work of this Department may be sold at
the estimated cost of furnishing reproductions of these records, using
photographic, digital, or other methods of reproduction as prescribed in
this appendix.
Section 12. Agencies which furnish photographic reproductions.
(a) Aerial Photographic reproductions. The following agency of the
Department furnishes aerial photographic reproductions:
Farm Service Agency (FSA), Aerial Photography Field Office (APFO),
USDA, 2222 West 2300 South, Salt Lake City, Utah 84119-2020.
(b) Other photographic reproductions. Other types of reproductions
may be obtained from the following agency of the Department:
National Agricultural Library, Agricultural Research Service, USDA,
Office of the Deputy Director, Technical Information Systems, Room 200,
NAL Building, Beltsville, MD 20705.
Section 13. Circumstances under which reproductions may be provided
free.
Reproductions may be furnished free at the discretion of the agency,
if it determines that furnishing free reproductions is in the public
interest, to:
(a) Representatives of the news media for dissemination to the
general public.
(b) Agencies of State and local governments carrying on a function
related to that of the Department when it will help to accomplish an
objective of the Department.
(c) Cooperators and others furthering agricultural programs.
Generally, only one print of each photograph should be provided free.
Section 14. Loans.
Aerial photographic film negatives or reproductions may not be
loaned outside the Federal Government.
Section 15. Sales of positive prints under government contracts.
The annual contract for furnishing single and double frame slide
film negatives and positive prints to agencies of the Department, County
Extension Agents, and others cooperating with the Department, carries a
stipulation that the successful bidder must agree to furnish slide film
positive prints to such persons, organizations, and associations as may
be authorized by the Department to purchase them.
Section 16. Procedure for handling orders.
In order to expedite handling, all orders should contain adequate
identifying information. Agencies furnishing aerial photographic
reproductions require that all such orders identify the photographs.
Each agency has its own procedure and order forms.
Section 17. Reproduction prices.
The prices for reproductions listed in this section are for the most
generally requested items.
(a) National Agricultural Library. The following prices are
applicable to National Agricultural Library items only: Reproduction of
electrostatic, microfilm, and microfiche copy--$5.00 for the first 10
pages or fraction thereof, and $3.00 for each additional 10 pages or
fraction thereof. Duplication of NAL-
[[Page 21]]
owned microfilm--$10.00 per reel. Duplication of NAL-owned microfiche--
$5.00 for the first fiche, and $0.50 for each additional fiche. Charges
for manual and automated data base searches for bibliographic or other
research information will be made in accordance with section 4,
paragraphs (c)-(e) of this appendix. The contract rate charged by the
commercial source to the National Agricultrual Library for computer
services is available at the National Agricultural Library, Agricultural
Research Service, USDA, Document Delivery Services Branch, 10301
Baltimore Boulevard, Beltsville, Maryland 20705-2351 (301-504-6503).
(b) General photographic reproductions. Minimum charge $1 per order.
An extra charge may be necessary for excessive laboratory time caused by
any special instructions from the purchaser.
------------------------------------------------------------------------
Class of work and unit Price
------------------------------------------------------------------------
1. Black and white line negatives:
4 by 5 (each................................................ $6.00
8 by 10 (each).............................................. 8.50
11 by 14 (each)............................................. 11.00
2. Black and white continuous tone negatives:
4 by 5 (each)............................................... 8.50
8 by 10 (each).............................................. 11.00
3. Black and white enlargements: 8 by 10 and smaller (each)..... 6.50
11 by 14 (each)............................................. 11.00
Larger sizes and quantities................................. (\1\)
4. Black and white slides:
2x2 cardboard mounted (from copy negative) (each)........... 4.00
Blue ozalid slides (each)................................... 5.00
5. Color slides: (2x2 cardboard mounted):
Duplicate color slides:
Display quality (each) (Display color slides are slides .65
copied from 35mm color slides only)....................
Repro quality (each).................................... (\1\)
Original color slides (from flat copy) (each)........... 6.50
6. Color enlargements and transparencies: 4 by 5 and larger..... (\1\)
7. Slide sets:
1 to 50 frames.............................................. 14.50
51 to 60 frames............................................. 16.50
61 to 75 frames............................................. 18.50
76 to 95 frames............................................. 21.50
96 to 105 frames............................................ 23.00
106 to 130 frames (Prices include printed narrative guide).. 26.50
8. Cassettes: (for the corresponding slide sets above).......... 3.00
------------------------------------------------------------------------
\1\ By quotation.
(c) General aerial photographic reproductions. The prices for
various types of aerial photographic reproductions are set forth in this
paragraph. Size measurements refer to the approximate size in inches of
the paper required to produce the reproduction.
------------------------------------------------------------------------
Size Price
------------------------------------------------------------------------
Black and White Reproductions
---------------------------------------------------------
10x10 Paper............................................. $5.00
10x10 Film Positive..................................... 10.00
10x10 Film Positive AT.................................. 10.00
10x10 Film Positive Scan................................ 15.00
10x10 Film Duplicate Negative........................... 3.00
10x10 Film Internegative................................ 4.50
12x12 Paper............................................. 12.00
17x17 Paper............................................. 13.00
17x17 Film Positive..................................... 25.00
24x24 Paper............................................. 16.00
24x24 Film Positive..................................... 40.00
38x38 Paper............................................. 50.00
38x38 Film Positive..................................... 55.00
20x24 Paper Photo Index................................. 20.00
Paper Line Index........................................ 15.00
Mylar Line Index........................................ 35.00
Microfilm (Photo Indexes): Aperture Cards............... 10.00
Microfilm (Photo Indexes): Microfiche................... 10.00
Color Negative Reproductions
---------------------------------------------------------
10x10 Paper Quantities:
1-50................................................ $7.00
51-1000............................................. 5.00
1001 & Over......................................... 2.50
10x10 Film Positive..................................... 33.00
20x20 Paper............................................. 40.00
24x24 Paper............................................. 55.00
38x38 Paper............................................. 70.00
Color Infrared Positive Reproductions
---------------------------------------------------------
10x10 Paper............................................. $12.00
10x10 Film Positive..................................... 15.00
10x10 Film Positive AT.................................. 15.00
10x10 Film Positive Scan................................ 20.00
20x20 Paper............................................. 32.00
24x24 Paper............................................. 40.00
[[Page 22]]
38x38 Paper............................................. 70.00
------------------------------------------------------------------------
(d) [Reserved]
(e) Special needs. For special needs not covered elsewhere in this
section, persons desiring aerial photographic reproductions should
contact the aerial photography coordinator, Farm Service Agency (FSA),
Aerial Photography Field Office, USDA-FSA, 2222 West 2300 South, P.O.
Box 30010, Salt Lake City, Utah 84125.
(f) Audio and videotape reproductions. For reproductions of audio-
videotapes, requesters must supply their own recording tape, and will be
assessed a fee of $25.00 an hour for copying work requested. There is a
one-hour minimum charge. Payment is required at the time video or
audiotapes are accepted by the requester.
[52 FR 49386, Dec. 31, 1987, as amended at 62 FR 33980, June 24, 1997;
64 FR 3395, Jan. 22, 1999]