[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR517]

[Page 866-868]
 
                            TITLE 25--INDIANS
 
   CHAPTER III--NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE 
                                INTERIOR
 
PART 517_FREEDOM OF INFORMATION ACT PROCEDURES--Table of Contents
 
Sec.  517.8  Fees.

    (a) In general. Fees pursuant to the FOIA shall be assessed 
according to the schedule contained in paragraph (b) of this section for 
services rendered by the Commission in response to requests for records 
under this part. All fees shall be charged to the requester, except 
where the charging of fees is limited under paragraph (d) of this 
section or where a waiver or reduction of fees is granted under 
paragraph (c) of this section. Requesters shall pay fees by check or 
money order made payable to the Treasury of the United States.
    (b) Charges for responding to FOIA requests. The following fees 
shall be assessed in responding to requests for records submitted under 
this part, unless a waiver or reduction of fees has been granted 
pursuant to paragraph (c) of this section:
    (1) Copies. The Commission shall charge $0.10 per page for copies of 
documents up to 8\1/2\x14. For copies prepared by 
computer, the Commission will charge actual costs of production of the 
computer printouts, including operator time. For other methods of 
reproduction, the Commission shall charge the actual costs of producing 
the documents.
    (2) Searches. (i) Manual searches. Whenever feasible, the Commission 
will charge at the salary rate (basic pay plus a percent for benefits) 
of the employee or employees performing the search. However, where a 
homogenous class of personnel is used exclusively in

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a search (e.g. all administrative/clerical or all professional/
executive), the Commission shall charge $12.50 per hour for clerical 
time and $30.00 per hour for professional time. Charges for search time 
less than a full hour will be in increments of quarter hours.
    (ii) Computer searches. The Commission will charge the actual direct 
costs of conducting computer searches. These direct costs shall include 
the cost of operating the central processing unit for that portion of 
operating time that is directly attributable to searching for requested 
records, as well as the costs of operator/programmer salary 
apportionable to the search. The Commission is not required to alter or 
develop programming to conduct searches.
    (3) Review fees. Review fees shall be assessed only with respect to 
those requesters who seek records for a commercial use under paragraph 
(d)(1) of this section. Review fees shall be assessed at the same rates 
as those listed under paragraph (b)(2)(i) of this section. Review fees 
shall be assessed only for the initial record review, for example, 
review undertaken when the Commission analyzes the applicability of a 
particular exemption to a particular record or portion thereof at the 
initial request level. No charge shall be assessed at the administrative 
appeal level of an exemption already applied.
    (c) Statutory waiver. Documents shall be furnished without charge or 
at a charge below that listed in paragraphs (b) of this section where it 
is determined, based upon information provided by a requester or 
otherwise made known to the FOIA Officer, that disclosure of the 
requested information is in the public interest. Disclosure is in the 
public interest if it is likely to contribute significantly to public 
understanding of government operations and is not primarily for 
commercial purposes. Requests for a waiver or reduction of fees shall be 
considered on a case by case basis. In order to determine whether the 
fee waiver requirement is met, the FOIA Officer shall consider the 
following six factors:
    (1) The subject of the request. Whether the subject of the requested 
records concerns the operations or activities of the government;
    (2) The informative value of the information to be disclosed. 
Whether the disclosure is likely to contribute to an understanding of 
government operations or activities;
    (3) The contribution to an understanding of the subject by the 
general public likely to result from disclosure. Whether disclosure of 
the requested information will contribute to public understanding;
    (4) The significance of the contribution to public understanding. 
Whether the disclosure is likely to contribute significantly to public 
understanding of government operations or activities;
    (5) The existence and magnitude of commercial interest. Whether the 
requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so
    (6) The primary interest in disclosure. 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.
    (d) Types of requesters. There are four categories of FOIA 
requesters: commercial use requesters, educational and non-commercial 
scientific institutional requesters, representatives of the news media, 
and all other requesters. These terms are defined in Sec.  517.2. 
Specific levels of fees are prescribed below for each of these 
categories.
    (1) Commercial-use requesters. The FOIA Officer shall charge 
commercial use requesters the full direct costs of searching for, 
reviewing, and duplicating requested records.
    (2) Educational and non-commercial scientific institution 
requesters. The FOIA Officer shall charge educational and non-commercial 
scientific institution requesters for document duplication only, except 
that the first 100 pages of copies shall be provided without charge.
    (3) News media requesters. The FOIA Officer shall charge news media 
requesters for document duplication costs only, except that the first 
100 pages of paper copies shall be provided without charge.
    (4) All other requesters. The FOIA Officer shall charge requesters 
who do not

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fall into any of the above categories fees which recover the full 
reasonable direct costs incurred for searching for and reproducing 
records if that total cost exceeds $15.00, except that the first 100 
pages and the first two hours of manual search time shall not be 
charged. To apply this term to computer searches, the FOIA Officer will 
determine the total hourly cost of operating the central processing unit 
and the operator's salary (plus 16 percent for benefits). When the cost 
of the search equals the equivalent dollar amount of two hours of the 
salary of the person performing the search, the FOIA Officer will begin 
assessing charges for the computer search.
    (e) Charges for unsuccessful searches. Ordinarily, no charge will be 
assessed when requested records are not found or when the records 
located are withheld as exempt. However, if the requester has been 
notified of the estimated cost of the search time and has been advised 
specifically that the requested records may not exist or may be withheld 
as exempt, fees may be charged.
    (f) Charges for interest. The FOIA Officer may assess interest 
charges on an unpaid bill, accrued under previous FOIA request(s), 
starting on the 31st day following the day on which the bill was sent to 
the requester. A fee received by the FOIA Officer, even if not 
processed, will result in a stay of the accrual of interest. The 
Commission shall follow the provisions of the Debt Collection Act of 
1982 and the implementing procedures to recover any indebtedness owed to 
the Commission.
    (g) Aggregating requests. A requester or a group of requesters may 
not submit multiple requests at the same time, each seeking portions of 
a document or documents solely in order to avoid payment of fees. When 
the Commission reasonably believes that a requester is attempting to 
divide a request into a series of requests to evade an assessment of 
fees, the Commission may aggregate such request and charge accordingly.
    (h) Advance payment of fees. Fees may be paid upon provision of the 
requested records, except that payment may be required prior to that 
time if the requester has previously failed to pay fees or if the FOIA 
Officer determines the total fee will exceed $250. When payment is 
required in advance of the processing of a request, the time limits 
prescribed in Sec.  517.6 shall not be deemed to begin until the FOIA 
Officer has received payment of the assessed fee.
    (i) Payment of fees. Where it is anticipated that the cost of 
providing the requested record will exceed $25.00 after the free 
duplication and search time has been calculated, and the requester has 
not indicated in advance a willingness to pay a fee greater than $25.00, 
the FOIA Officer shall promptly notify the requester of the amount of 
the anticipated fee or a portion thereof, which can readily be 
estimated. The notification shall offer the requesting party an 
opportunity to confer with agency representatives for the purpose of 
reformulating the request so as to meet the requester's needs at a 
reduced cost.