[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1600.5]

[Page 881-882]
 
              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 A_Procedures for Disclosure of Records Under the Freedom of 
                             Information Act
 
Sec. 1600.5  Responses to requests.

    (a) Acknowledgments of requests. On receipt of your request, the 
Foundation ordinarily will send an acknowledgment letter to you, which 
will confirm your agreement to pay fees under Sec. 1600.3(d) and 
provide an assigned request number for further reference.
    (b) Referral to another agency. When a requester seeks records that 
originated in another Federal government agency, the Foundation will 
refer the request to the other agency for response. If the Foundation 
refers the request to another agency, it will notify the requester of 
the referral. A request for any records classified by some other agency 
will be referred to that agency for response.
    (c) Grants of requests. Ordinarily, the Foundation will have 20 
business days from when your request is received to determine whether to 
grant or deny your request. Once the Foundation determines to grant a 
request in whole or in part, it will notify you in writing. The 
Foundation will inform you in the notice of any fee charged under Sec. 
1600.10 and will disclose records to you promptly on payment of any 
applicable fee. Records disclosed in part will be marked or annotated to 
show the amount of information deleted, unless doing so would harm an 
interest protected by an applicable exemption. The location of the 
information deleted also will be indicated on the record, if technically 
feasible.
    (d) Adverse determinations of requests. If the Foundation denies 
your request in any respect, it will notify you of that determination in 
writing. Adverse determinations, or denials of requests, consist of: a 
determination to withhold any requested record in whole or in part; a 
determination that a requested record does not exist or cannot be 
located; a determination that a record is not readily reproducible in 
the form or format sought; a determination that what has been requested 
is not a record subject to the FOIA; a determination on any disputed fee 
matter, including a denial of a request for a fee waiver; and a denial 
of a request for expedited treatment. The denial letter shall be signed 
by the General Counsel or his/her designee, and shall include:
    (1) The name and title or position of the person responsible for the 
denial;
    (2) A brief statement of the reason(s) for the denial, including any 
FOIA exemption applied by the component in denying the request;
    (3) An estimate of the volume of records or information withheld, in 
number of pages or in some other reasonable form of estimation. This 
estimate does not need to be provided if the volume is otherwise 
indicated through deletions on records disclosed in part, or if 
providing an estimate would harm an interest protected by an applicable 
exemption; and

[[Page 882]]

    (4) A statement that the denial may be appealed under Sec. 
1600.8(a) and a description of the requirements for appeal.