[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1515.10]



[Page 900-901]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1515_FREEDOM OF INFORMATION ACT PROCEDURES--Table of Contents

 

Sec.  1515.10  What information is available, and how can it be obtained?



    (a) When a request for information has been approved, in whole or in 

part, you may make an appointment to inspect or copy the materials 

requested during regular business hours by writing or telephoning the 

Freedom of Information Officer at the address or phone number given in 

Sec.  1515.3(f). You may be charged reasonable fees for copying 

materials, as explained by Sec.  1515.15. The Council on Environmental 

Quality will permit copying of any available material but will reserve 

the right to limit the number of copies made with the Council's copying 

facilities.

    (b) In general, all records of the Council are available to the 

public, as required by the Freedom of Information Act. The Council 

claims the right, where it is applicable, to withhold material under the 

provisions specified in the Freedom of Information Act as amended (5 

U.S.C. 552(b)).

    (c) The legislative history of the establishment of the Council 

states that the Congress intended the Council to be a confidential 

advisor to the President on matters of environmental policy. Therefore, 

members of the public should presume that communications



[[Page 901]]



between the Council and the President (and their staffs) are 

confidential and ordinarily will not be released; they will usually 

fall, at a minimum, within Exemption 5 of the Act. The Freedom of 

Information Officer shall review each request, however, to determine 

whether the record is exclusively factual or may have factual portions 

which may be reasonably segregated and made available to the requester. 

Furthermore, on the recommendation of the FOIA Officer or Appeals 

Officer, the Council will consider the release of an entire record, even 

if it comes within an exemption or contains policy advice, if its 

disclosure would not impair Executive policymaking processes or the 

Council's participation in decisionmaking.



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