than those described in this schedule, the direct cost of such services or materials to the Government may be charged, but only if the requester has been notified of such cost before it is incurred. (15) Effective date. This schedule applies to all requestes made under the Freedom of Information Act and Privacy Act after December 30, 1987. [52 FR 45592, Nov. 30, 1987] APPENDIX B TO PART 2-BUREAUS AND OFFICES OF THE DEPARTMENT OF THE INTERIOR 1. Bureaus and Offices of the Department of the Interior. (The address for all bureaus and offices, unless otherwise indicated, is U.S. Department of the Interior, Washington, DC 20240.) Secretary of the Interior, Office of the Secretary Office of Administrtative Services (for Office of the Secretary components) Assistant Secretary, Territorial and International Affairs Commissioner, Bureau of Indian Affairs Director, U.S. Fish and Wildlife Service Director, National Park Service, P.O. Box 37127, Washington, DC, 20013-7127 Commissioner, Bureau of Reclamation Director, Bureau of Land Management Director, Minerals Management Service Director, Bureau of Mines, Columbia Plaza, 2401 E Street NW., Washington, DC 20241 Director, Geological Survey, The National Center, Reston, VA 22092 Director, Office of Surface Mining Reclamation and Enforcement Director, Office of Hearings and Appeals, 4015 Wilson Blvd., Arlington, VA 22203 Inspector General, Office of Inspector General Solicitor, Office of the Solicitor 2. Freedom of Information Officers of the Department of the Interior. (The address for all Freedom of Information Officers, unless otherwise indicated, is U.S. Department of the Interior, Washington, DC 20240.) Director, Office of Administrative Services (for Office of the Secretary components), U.S. Department of the Interior Director, Office of Administration, Bureau of Indian Affairs Freedom of Information Act Officer, Bureau of Land Management Assistant Director, Finance and Management, Bureau of Mines, Columbia Plaza, 2401 E Street NW., Washington, DC 20241 Freedom of Information Act Officer, Bureau of Reclamation Chief, Division of Media Information, National Park Service Chief, Regulatory Development and Issues Branch, Policy and Directives Management, U.S. Fish and Wildlife Service, Chief, Paperwork Management Unit, U.S. Geological Survey, The National Center, Reston, VA 22092 Freedom of Information Act Officer, Minerals Management Service, 12203 Sunrise Valley Drive, Reston, VA 22091 Information Officer, Office of Inspector General 3. Office of Hearings and Appeals-Field Offices: Administrative Law Judge, 1111 Northshore Administrative Law Judge (Indian Probate), 2020 Hurley Way, Suite 150, Sacramento, CA 95825 Administrative Law Judges (Indian Probate), Federal Building, Rooms 674 and 688, Fort Snelling, Twin Cities, MN 55111 Administrative Law Judge (Indian Probate), 421 Gold SW., Rm. 303, Albuquerque, NM 87102 Administrative Law Judge (Indian Probate), 215 Dean A. McGee Ave., Rm. 218, Oklahoma City, OK 73102 Administrative Law Judge (Indian Probate), Federal Bldg. & Courthouse, 515 9th St., Suite 201, Rapid City, SD 57701 Administrative Law Judge (Indian Probate), Federal Bldg. & Courthouse, Rm. 3329, 316 N. 26th St., Billings, MT 59101 4. Office of the Solicitor-Field Offices. Regional Solicitors: Regional Solicitor, U.S. Department of the Interior, 701 C Street, Anchorage, AK 99513 Regional Solicitor, U.S. Department of the Interior, Room E-2753, 2800 Cottage Way, Sacramento, CA 95825 Regional Solicitor, U.S. Department of the Interior, P.O. Box 25007, Denver Federal Center, Denver, CO 80225 Regional Solicitor, U.S. Department of the Interior, Richard B. Russell Federal Building, 75 Spring Street, SW., Suite 1328, Atlanta, GA 30303 Regional Solicitor, U.S. Department of the Interior, Suite 612, One Gateway Center, Newton Corner, MA 02158 Regional Solicitor, U.S. Department of the Interior, Room 3068, Page Belcher Federal Building, 333 West 4th Street, Tulsa, OK 74103 Regional Solicitor, U.S. Department of the Interior, Lloyd 500 Building, Suite 607, 500 N.E. Multnomah, Portland, OR 97232 Regional Solicitor, U.S. Department of the Interior, Suite 6201, Federal Building, 125 South State Street, Salt Lake City, UT 84138 Field Solicitors: Field Solicitor, U.S. Department of the Interior, Suite 150, 505 North Second St., Phoenix, AZ 85004 Field Solicitor, U.S. Department of the Interior, P.O. Box M, Window Rock, AZ 86515 Field Solicitor, U.S. Department of the Interior, Box 36064, 450 Golden Gate Avenue, Room 14126, San Francisco, CA 94102 Field Solicitor, U.S. Department of the Interior, Box 020, Federal Building, U.S. Courthouse, 550 West Fort Street, Boise, ID 83724 Field Solicitor, U.S. Department of the Interior, 686 Federal Building, Twin Cities, MN 55111 Field Solicitor, U.S. Department of the Interior, Room 5431, Federal Building, 316 N. 26th Street, Billings, MT 59101 Field Solicitor, U.S. Department of the Interior, P.O. Box 1042, Santa Fe, NM 87504 Field Solicitor, U.S. Department of the Interior, Osage Agency, Grandview Avenue, Pawhuska, OK 74056 Field Solicitor, U.S. Department of the Interior, Suite 502J, U.S. Post Office and Courthouse, Pittsburgh, PA 15219 Field Solicitor, U.S. Department of the Interior, P.O. Box 15006, Knoxville, TN 37901 Field Solicitor, U.S. Department of the Interior, 1100 South Fillmore, Amarillo, TX 79101 Field Solicitor, U.S. Department of the Interior, 603 Morris Street, 2nd Floor, Charleston, WV 25301. [52 FR 45593, Nov. 30, 1987, as amended at 53 FR 16128, May 5, 1988] Jurisdiction over ruins, archeological sites, historic and prehistoric monuments and structures, objects of antiquity, historic landmarks, and other objects of historic and scientific interest, shall be exercised under the act by the respective Departments as follows: (a) By the Secretary of Agriculture over lands within the exterior limits of forest reserves; (b) By the Secretary of the Army over lands within the exterior limits of military reservations; (c) By the Secretary of the Interior over all other lands owned or controlled by the Government of the United States, Provided, The Secretaries of the Army and Agriculture may by agreement cooperate with the Secretary of the Interior in the supervision of such monuments and objects covered by the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431-433), as may be located on lands near or adjacent to forest reserves and military reservations, respectively. § 3.2 Limitation on permits granted. No permit for the removal of any ancient monument or structure which can be permanently preserved under the control of the United States in situ, and remain an object of interest, shall be granted. § 3.3 Permits; to whom granted. Permits for the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity will be granted, by the respective Secretaries having jurisdiction, to reputable museums, universities, colleges, or other recognized scientific or educational institutions, or to their duly authorized agents. pices of an educational institution in furtherance of scholarly research or a noncommercial scientific institution in furtherance of scientific research shall be 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) shall be provided without charge. (2) Such requesters may not be charged fees for costs incurred in (i) Searching for requested records, (ii) Examining requested records to determine whether they are exempt from mandatory disclosure, (iii) Deleting reasonably segregable exempt matter, (iv) Monitoring the requesters' inspection of agency records, or (v) Resolving legal and policy issues affecting access to requested records. (3) An "educational institution" is 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, or an institution of vocational education, which operates a program or programs of scholarly research. (4) A "noncommercial scientific institution" is an institution that is not operated for commerce, trade or profit and that is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. (d) News media requests. (1) A representative of the new media shall be 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) shall be provided without charge. (2) Representatives of the news media may not be charged fees for costs incurred in (i) Searching for requested records, (ii) Examining requested records to determine whether they are exempt from mandatory disclosure, (iii) Deleting reasonably segregable exempt matter, (iv) Monitoring the requester's inspection of agency records, or (v) Resolving legal and policy issues affecting access to requested records. (3)(i) A “representative of the news media" is any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term "news" means information that is about current events or that is (or would be) of current interest to the public. Examples of news media entities include, but are not limited to, television or radio stations broadcasting to the public at large, and publishers of periodicals (but only in those instances when they can qualify as disseminators of "news") who make their products available for purchase or subscription by the general public. As traditional methods of news delivery evolve (e.g., electronic dissemination of newspapers through telecommunications services), such alternative media would be included in this category. (ii) Free-lance journalists may be considered "representatives of the news media" if they demonstrate a solid basis for expecting publication through a news organization, even though not actually employed by it. A publication contract or past record of publication, or evidence of a specific free-lance assignment from a news organization may indicate a solid basis for expecting publication. (e) Other requests. (1) A requester not covered by paragraphs (b), (c) or (d) of this section shall be charged fees for document search and duplication, except that the first two hours of search time and the first 100 pages of paper copies (or the equivalent cost thereof if the records are in some other form) shall be provided without charge. (2) Such requesters may not be charged for costs incurred in (i) Examining requested records to determine whether they are exempt from disclosure, (ii) Deleting reasonably segregable exempt matter, (iii) Monitoring the requester's inspection of agency records, or (iv) Resolving legal and policy issues affecting access to requested records. (f) Requests for clarification. Where a request does not provide sufficient information to determine whether it is covered by paragraph (b), (c), (d) or (e) of this section, the requester should be asked to provide additional clarification. If it is necessary to seek such clarification, the request may be deemed to have not been received for purposes of the time limits established in § 2.17 until the clarification is received. Requests to requesters for clarification shall be made promptly. (g) Notice of anticipated fees. Where a request does not state a willingness to pay fees as high as anticipated by the Department, and the requester has not sought and been granted a full waiver of fees under § 2.21, the request may be deemed to have not been received for purposes of the time limits established in § 2.17 until the requester has been notified of and agrees to pay the anticipated fee. Advice to requesters with respect to anticipated fees shall be provided promptly. (h) Advance payment. (1) Where it is anticipated that allowable fees are likely to exceed $250.00 and the requester does not have a history of prompt payment of FOIA fees, the requester may be required to make an advance payment of the entire fee before processing of his or her request. (2) Where a requester has previously failed to pay a fee within 30 calendar days of the date of billing, processing of any new request from that requester shall ordinarily be suspended until the requester pays any amount still owed, including applicable interest, and makes advance payment of allowable fees anticipated in connection with the new request. (3) Advance payment of fees may not be required except as described in paragraphs (h) (1) and (2) of this section. (4) Issuance of a notice requiring payment of overdue fees or advance payment shall toll the time limit in § 2.17 until receipt of payment. (i) Form of payment. Payment of fees should be made by check or money order payable to the Department of the Interior or the bureau furnishing the information. The term United States or the initials "U.S." should not be included on the check or money order. Where appropriate, the official responsible for handling a re quest may require that payment by check be made in the form of a certified check. (j) Billing procedures. A bill for collection, Form DI-1040, shall be prepared for each request that requires collection of fees. The requester shall be provided the first sheet of the DI1040. This Accounting Copy of the Form shall be transmitted to the agency's finance office for entry into accounts receivable records. Upon receipt of payment from the requester, the recipient shall forward the payment along with a copy of the DI-1040 to the finance office. (k) Collection of fees. The bill for collection or an accompanying letter to the requester shall include a statement that interest will be charged in accordance with the Debt Collection Act of 1982, 31 U.S.C. 3717, and implementing regulations, 4 CFR 102.13, if the fees are not paid within 30 calendar days of the date of the bill for collection is mailed or hand-delivered to the requester. This requirement does not apply if the requester is a unit of state or local government. Other authorities of the Debt Collection Act of 1982 shall be used, as appropriate, to collect the fees (see 4 CFR Parts 101105). § 2.21 Waiver of fees. (a) Statutory fee waiver. (1) Documents shall be furnished without charge or at a charge reduced below the fees chargeable under § 2.20 and Appendix A to this part if disclosure of the information is in the public interest because it (i) Is likely to contribute significantly to public understanding of the operations or activities of the government and (ii) Is not primarily in the commercial interest of the requester. (2) Factors to be considered in determining whether disclosure of information "is likely to contribute significantly to public understanding of the operations or activities of the government" are the following: (i) Does the record concern the operations or activities of the government? Records concern the operations or activities of the government if they relate to or will illuminate the manner in which the Department or a bureau is carrying out identifiable operations or activities or the manner in which an operation or activity affects the public. The connection between the records and the operations and activities to which they are said to relate should be clear and direct, not remote and attenuated. Records developed outside of the government and submitted to or obtained by the Department may relate to the operations and activities of the government if they are informative on how an agency is carrying out its regulatory, enforcement, procurement or other activities that involve private entities. (ii) If a record concerns the operations or activities of the government, is its disclosure likely to contribute to public understanding of these operations and activities? The likelihood of a contribution to public understanding will depend on consideration of the content of the record, the identity of the requester, and the interrelationship between the two. Is there a logical connection between the content of the requested record and the operations or activities in which the requester is interested? Are the disclosable contents of the record meaningfully informative on the operations or activities? Is the focus of the requester on contribution to public understanding, rather than on the individual understanding of the requester or narrow segment of interested persons? Does the requester have expertise in the subject area and the ability and intention to disseminate the information to the general public or otherwise use the information in a manner that will contribute to public understanding of government operations or activities? Is the requested information sought by the requester because it may be informative on government operations or activities or because of the intrinsic value of the information independent of the light that it may shed on government operations or activities? a (iii) If there is likely to be a contribution to public understanding, will that contribution be significant? A contribution to public understanding will be significant if the information disclosed is new, clearly supports public oversight of Department operations, including the quality of Department activities and the effect of policy and regulations on public health and safety, or otherwise confirms or clarifies data on past or present operations of the Department. A contribution will not be significant if disclosure will not have a positive impact on the level of public understanding of the operations or activities involved that existed prior to the disclosure. In particular, a significant contribution is not likely to arise from disclosure of information already in the public domain because it has, for example, previously been published or is routinely available to the general public in a public reading room. (3) Factors to be considered in determining whether disclosure “is primarily in the commercial interest of the requester" are the following: (i) Does the requester have a commercial interest that would be furthered by the requested disclosure? A commercial interest is a commercial, trade or profit interest as these terms are commonly understood. An entity's status is not determinative. Not only profit-making corporations, but also individuals or other organizations, may have a commercial interest to be served by disclosure, depending on the circumstances involved. (ii) If the requester has a commercial interest, will disclosure be primarily in that interest? The requester's commercial interest is the primary interest if the magnitude of that interest is greater than the public interest to be served by disclosure. Where a requester is a representative of a news media organization seeking information as part of the news gathering process, it may be presumed that the public interest outweighs the organization's commercial interest. (4) Notice of denial. If a requested statutory fee waiver or reduction is denied, the requester shall be notified in writing. The notice shall include: (i) A statement of the basis on which the waiver or reduction has been denied. (ii) A listing of the names and titles or positions of each person responsible for the denial. |