[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR1600.23]



[Page 1017]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

  CHAPTER XVI--MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL 

                     ENVIRONMENTAL POLICY FOUNDATION

 

PART 1600_PUBLIC AVAILABILITY OF DOCUMENTS AND RECORDS--Table of Contents

 

 Subpart B_Protection of Privacy and Access to Individual Records Under 

                         the Privacy Act of 1974

 

Sec. 1600.23  Responsibility for responding to requests for access to 

records.



    (a) In general. In determining which records are responsive to a 

request, the Foundation ordinarily will include only those records in 

its possession as of the date the Foundation begins its search for them. 

If any other date is used, the Foundation will inform the requester of 

that date.

    (b) Authority to grant or deny requests. The Foundation's General 

Counsel, or his/her designee, is authorized to grant or deny any request 

for access to a record of the Foundation.

    (c) Consultations and referrals. When the Foundation receives a 

request for access to a record in its possession, it will determine 

whether another agency of the Federal Government is better able to 

determine whether the record is exempt from access under the Privacy 

Act. If the Foundation determines that it is best able to process the 

record in response to the request, then it will do so. If the Foundation 

determines that it is not best able to process the record, then it will 

either:

    (1) Respond to the request regarding that record, after consulting 

with the agency best able to determine whether the record is exempt from 

access and with any other agency that has a substantial interest in it; 

or (2) Refer the responsibility for responding to the request regarding 

that record to another agency that originated the record (but only if 

that agency is subject to the Privacy Act). Ordinarily, the agency that 

originated a record will be presumed to be best able to determine 

whether it is exempt from access.

    (d) Notice of referral. Whenever the Foundation refers all or any 

part of the responsibility for responding to your request to another 

agency, it ordinarily will notify you of the referral and inform you of 

the name of each agency to which the request has been referred and of 

the part of the request that has been referred.

    (e) Timing of responses to consultations and referrals. All 

consultations and referrals shall be handled according to the date the 

Privacy Act access request was initially received by the Foundation, not 

any later date.