[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: 43CFR2.16]

[Page 16-17]
 
                    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. 2.16  How are fees determined?

    (a) Authority. Bureaus are authorized to charge fees to recover the 
direct costs of searching for, reviewing (commercial-use requesters 
only) and duplicating documents to respond to a FOIA request. However, 
nothing in this subsection will supersede any statutory authority which 
requires the bureau to charge specific fees for certain types of 
records.
    (b) Policy. (1) Unless waived under the criteria in Secs. 2.19 or 
2.20, bureaus will charge fees for responding to FOIA requests 
consistent with the provisions of this section and the fee schedule in 
Appendix C.
    (2) A bureau normally will not charge a fee where the fee would be 
$30 or less. However, if the bureau has a reasonable basis to conclude 
that a requester or group of requesters has divided a request into a 
series of requests on a single subject or related subjects to avoid 
fees, the requests may be aggregated and fees charged accordingly. 
Bureaus may presume that multiple requests of this type that are made 
within a 30-day period have been made in order to avoid fees. Where 
requests are separated by a longer period, bureaus will aggregate them 
only where there exists a solid basis for determining that aggregation 
is warranted under all the circumstances involved. Multiple requests 
involving unrelated matters will not be aggregated.
    (3) Where a bureau responds to a request on behalf of more than one 
bureau, the fees that would be chargeable by all bureaus involved will 
be considered in determining whether the total FOIA processing fee is 
$30 or less. If a bureau is responding on behalf of more than one 
bureau, and you fall under one of the fee categories in Sec. 2.17(a)(2) 
or (a)(3), you will be entitled to receive up to a total of 100 pages of 
duplication without charge (there is no charge for searching for 
responsive records). If a bureau is responding on behalf of more than 
one bureau, and you fall under the fee category in Sec. 2.17(a)(4), you 
will be entitled to receive up to a total of 100 pages of duplication 
and two hours of search time without charge.
    (4) If a bureau obtains research data solely in response to your 
FOIA request, it may charge you a reasonable

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fee equaling the full cost of obtaining the research data from the 
recipient.
    (c) Searches. Searches will be conducted in the most efficient and 
least expensive manner, so as to minimize costs for both you and the 
bureau. Except where provided in Secs. 2.17(a)(2) and (a)(3), bureaus 
will charge for time spent in the following search activities:
    (1) Time spent in trying to locate records which come within the 
scope of the request, whether or not documents responsive to the request 
are located or the records located are exempt from disclosure; and
    (2) Direct costs involving the use of computer time to locate 
requested records.
    (d) Reviews (Commercial-use requests only). (1) Bureaus will charge 
commercial-use requesters (see Sec. 2.17(a)(1)) for time spent by bureau 
staff and attorneys in reviewing requested records for releasability. 
(See Sec. 2.3(e).)
    (2) Review costs will be assessed even if a record ultimately is not 
disclosed.
    (e) Duplication. Bureaus will charge duplication fees according to 
the fee schedule in Appendix C to this part.
    (f) Categories of requesters. There are four categories of 
requesters for the purposes of determining fees--commercial-use, 
educational and noncommercial scientific institutions, news media, and 
all others. (See Secs. 2.3 and 2.17.)