[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]
[Page 10-12]
TITLE 43--PUBLIC LANDS: INTERIOR
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
Subpart B--Information Routinely Available to the Public without Filing a FOIA Request
Source: 67 FR 64530, Oct. 21, 2002, unless otherwise noted.
Sec. 2.4 How do I obtain information routinely available to the public?
A great deal of information is available to the public without
filing a FOIA request. Examples are Departmental policies, procedures,
and organizational descriptions. The following guidance will help you
obtain this information. [Note: For copies of records that are not
routinely available, you must submit a FOIA request to the DOI office
where the records are located. Procedures for requesting records under
the FOIA are provided in Subpart C of this part.]
(a) General. (1) General information about DOI or one of its bureaus
may be obtained by visiting DOI's home page (see Appendix B to this part
for a list of Internet addresses) or by contacting the Office of Public
Affairs/Communications for the appropriate bureau (see Appendix A to
this part for a list of DOI contacts). Many documents are made available
to the public through DOI's reading rooms. Some documents also may be
available in DOI's electronic reading rooms on the Internet.
(2) Information on DOI's FOIA Program and a Reference Guide to
assist you in obtaining various types of information are available in
DOI's reading rooms, through the FOIA home page, or by contacting the
Departmental FOIA Officer.
(3) To obtain information about specific records in DOI, you also
may refer to:
(i) The index of documents frequently requested under the FOIA,
which is
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available in DOI's reading rooms, through the FOIA home page, or by
contacting one of the bureau FOIA Officers; and
(ii) The index and description of DOI's major information and record
locator systems, which are available in DOI's reading rooms, through the
FOIA home page, or by contacting one of the bureau FOIA Officers.
(4) Another source of information is DOI's Library, which contains
over one million holdings dealing with a broad range of matters
pertaining to the Department's mission. You may wish to visit the
Library, which is located at the C Street entrance of the Main Interior
Building, 1849 C Street, NW., Washington, DC 20240 (see Appendix A to
this part). The Library is open to the public for on-site reference use
from 7:45 a.m.-5:00 p.m., Monday-Friday (excluding Federal legal public
holidays). Additional information regarding the Library's holdings and
services may be obtained by visiting its home page (see Appendix B to
this part).
(b) Published information and rules. Under 5 U.S.C. 552(a)(1),
bureaus are required to publish certain information in the Federal
Register for the guidance of the public, such as descriptions of their
central and field organizations, functions, procedures, substantive
rules, and statements of general policy.
(c) Reading room materials. (1) Under 5 U.S.C. 552(a)(2), each
bureau is responsible for making the information listed in paragraphs
(c)(1)(i) through (v) of this section available for public inspection
and copying unless the materials are promptly published and copies
offered for sale. Bureaus must make any such records created on or after
November 1, 1996, available by the Internet or by other computer
telecommunication methods or electronic means as quickly as practicable.
(i) Final opinions rendered in the adjudication of cases.
(ii) Policy statements and interpretations which have been adopted
by DOI and are not published in the Federal Register.
(iii) Administrative staff manuals and instructions affecting the
public.
(iv) Copies of records that have been or are likely to become the
subject of frequent FOIA requests and an index of those documents.
(v) A subject-matter index of its reading room records (see
Sec. 2.5).
(2) Bureaus may, at their discretion, make other records available
for inspection and copying in reading rooms or via their home pages.
(d) Inspection and copying of reading room materials. (1) Reading
room materials are available for inspection and copying at the locations
listed in Appendix A to this part and, in some cases, through the
Internet; however, not all records may be available in all locations.
(i) If you need assistance in determining the location and
availability of the records you are seeking, contact the appropriate
reading room or FOIA Contact listed in Appendix A to this part.
(ii) If you file a FOIA request for reading room materials and the
information you request is available on the Internet, the FOIA Contact
should refer you to the appropriate Web site. If the reading room
materials are not available electronically, the FOIA Contact may either
send you the materials, or forward your request to the appropriate
reading room and provide the name and telephone number of a staff member
you may contact. You may, nevertheless, ask the bureau to process your
request as any other FOIA request.
(2) A bureau may delete exempt information from some records before
making them available for inspection and copying in a reading room. (See
Sec. 2.21(c)). You may not appeal a bureau's decision to delete exempt
information from a document it places in a public reading room. If you
would like access to the entire record, you must submit a FOIA request
under the procedures in Subpart C of this part. However, this does not
guarantee that the entire record will be released. If you submit such a
FOIA request and are not satisfied with the response, you may file an
appeal as described in Sec. 2.28.
(3) There is no charge to inspect reading room materials. Copying
services will be provided at the fees specified in Appendix C to this
part. However, other fees may apply where a bureau has a statute that
specifically requires
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the bureau to set fees for particular types of records.
(4) If you submit a fee waiver request for information in a reading
room, it will be processed under the procedures in Sec. 2.19.
Sec. 2.5 Does DOI maintain an index of its reading room materials?
Each bureau will maintain and make available for public inspection
and copying a current subject-matter index of its reading room materials
(5 U.S.C. 552(a)(2)). The index will be available in the bureau's
reading room(s) and in their electronic reading rooms on the Internet.
Each index will be updated regularly.
Sec. 2.6 Will the Department accept written requests, including fax, e-
mail, or telephone requests, for routinely available
information?
Yes. Although a request for this type of information is not a FOIA
request, the bureau will send you the requested information and charge
you for the copies, according to the fee schedule in Appendix C to this
part. While the bureau will attempt to respond to oral requests (those
made by telephone or otherwise) for routinely available information, you
should submit complex requests in writing to avoid any risk of
misunderstanding.
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