FOIA - 43 CFR 2.17

[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: 43CFR2.17]

[Page 17]

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. 2.17 How will my requester category affect the fees that I am charged?

     (a) When you submit a FOIA request, you must specify your fee category. Based on the information you provide, the bureau office processing your request will decide your fee category and charge as follows:

     (1) Commercial-use requesters are charged fees for costs incurred in document search, review, and duplication.

     (2) Educational/noncommercial scientific institutions are charged for document duplication, except that the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) will be provided without charge. The bureau will not charge such requesters for document search and review.

     (3) News media requesters are charged for document duplication, except that the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) will be provided without charge. The bureau will not charge such requesters for document search and review.

     (4) Requesters not covered by paragraphs (a)(1) through (a)(3) of this section--``other requesters'' are charged fees for document search and duplication, except that they are entitled to the first two hours of search time and the first 100 pages of paper copies without charge (or the equivalent cost thereof if the records are in some other form). The bureau will not charge such requesters for document review.

     (b) If you do not submit sufficient information in your FOIA request for the bureau to determine your fee category (see paragraphs (a)(1) through (a)(4) of this section), the bureau may ask you to provide additional clarification. This applies to all requesters. The bureau will notify you promptly when additional information is needed. In these circumstances, the 20-workday statutory time limit for responding to your request will not begin to run until you provide sufficient information. 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) The following table summarizes the chargeable fees for each category of requester.

Category Search fees Review fees Duplication fees
Commercial Use Yes Yes Yes
Educational Institution
Non-Commercial Scientific Institution No (100 pages free) No Yes
News Media
All Other Yes No Yes (2 hours free)(100 pages free)

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