43 CFR 1.1
§ 1.1 Purpose.
This part governs the participation of individuals in proceedings, both formal and informal, in which rights are asserted before, or privileges sought from, the Department of the Interior.
43 CFR — Public Lands: Interior
United States · regulation · 43 CFR · 5,198 active provisions
43 CFR 1.2
§ 1.2 Definitions.
As used in this part the term: (a) Department includes any bureau, office, or other unit of the Department of the Interior, whether in Washington, DC, or in the field, and any officer or employee thereof; (b) Solicitor means the Solicitor of the Department of the Interior or his authorized representative; (c) Practice…
43 CFR 1.3
§ 1.3 Who may practice.
(a) Only those individuals who are eligible under the provisions of this section may practice before the Department, but this provision shall not be deemed to restrict the dealings of Indian tribes or members of Indian tribes with the Department. (b) Unless disqualified under the provisions of § 1.4 or by disciplinary…
43 CFR 1.4
§ 1.4 Disqualifications.
No individual may practice before the Department if such practice would violate the provisions of 18 U.S.C. 203, 205, or 207.
43 CFR 1.5
§ 1.5 Signature to constitute certificate.
When an individual who appears in a representative capacity signs a paper in practice before the Department, his signature shall constitute his certificate: (a) That under the provisions of this part and the law, he is authorized and qualified to represent the particular party in the matter; (b) That, if he is the part…
43 CFR 1.6
§ 1.6 Disciplinary proceedings.
(a) Disciplinary proceedings may be instituted against anyone who is practicing or has practiced before the Department on grounds that he is incompetent, unethical, or unprofessional, or that he is practicing without authority under the provisions of this part, or that he has violated any provisions of the laws and reg…
43 CFR 2.1
§ 2.1 What should you know up front?
(a) Subparts A through I of this part contain the rules that the Department follows in processing records under the Freedom of Information Act (FOIA), 5 U.S.C. 552. (b) Definitions of terms used in Subparts A through I of this part are found at § 2.70. (c) Subparts A through I of this part should be read in conjunction…
43 CFR 2.2
§ 2.2 What kinds of records are not covered by the regulations in subparts A through I of this part?
Subparts A through I of this part do not apply to records that fall under the law enforcement exclusions in 5 U.S.C. 552(c)(1)-(3). These exclusions may be used only in the limited circumstances delineated by the statute and require both prior approval from the Deputy Chief FOIA Officer and the recording of their use a…
43 CFR 2.3
§ 2.3 Where should you send a FOIA request?
(a) The Department does not have a central location for submitting FOIA requests and it does not maintain a central index or database of records in its possession. Instead, the Department's records are decentralized and maintained by various bureaus and offices throughout the country. (b) To make a request for Departme…
43 CFR 2.4
§ 2.4 Does where you send your request affect its processing?
(a) A request to a particular bureau or a bureau component (for example, a request addressed to a regional or field office) will be presumed to seek only records from that particular bureau or component. A request will not be forwarded to another bureau or component unless it is clear on the face of your request that i…
43 CFR 2.5
§ 2.5 How should you describe the records you seek?
(a) You must reasonably describe the records sought. A reasonable description contains sufficient detail to enable bureau personnel familiar with the subject matter of the request to locate the records with a reasonable amount of effort. (b) You should include as much detail as possible about the specific records or ty…
43 CFR 2.6
§ 2.6 How will fee information affect the processing of your request?
(a) Your request must explicitly state that you will pay all fees associated with processing the request, that you will pay fees up to a specified amount, and/or that you are seeking a fee waiver. (b) If, after taking into consideration your fee category entitlements (see § 2.39 of this part), the bureau anticipates pr…
43 CFR 2.7
§ 2.7 What information should you include about your fee category?
(a) A request should indicate your fee category (that is, whether you are a commercial-use requester, news media, educational or noncommercial scientific institution, or other requester as described in §§ 2.38 and 2.39 of this part). (b) If you submit a FOIA request on behalf of another person or organization (for exam…
43 CFR 2.8
§ 2.8 Can you ask for records to be disclosed in a particular form or format?
(a) Generally, you may choose the form or format of disclosure for records requested. The bureau must provide the records in the requested form or format if the bureau can readily reproduce the record in that form or format. If the bureau cannot readily reproduce the record in that form or format, it must explain why i…
43 CFR 2.9
§ 2.9 What if your request seeks records about another person?
(a) When a request seeks records about another person, you may receive greater access by submitting proof that the person either: (1) Consents to the release of the records to you (for example, a notarized authorization signed by that person); or (2) Is deceased (for example, a copy of a death certificate or an obituar…
43 CFR 2.10
§ 2.10 May you ask for the processing of your request to be expedited?
You may ask for the processing of your request to be expedited. If you are seeking expedited processing, your request must include a justification that addresses and meets the criteria in § 2.20 of this part and includes the certification required at § 2.20(b)(2) of this part. Failure to provide sufficient justificatio…
43 CFR 2.11
§ 2.11 What contact information should your request include?
A request should include your name and a way (such as a mailing or email address) for the bureau to send responsive records to you and/or to request additional information or clarification of your request. You may also wish to include a daytime telephone number (or the name and telephone number of an appropriate contac…
43 CFR 2.12
§ 2.12 What should you know about how bureaus process requests?
(a) Except as described in §§ 2.4 and 2.13 of this part, the bureau to which the request is addressed is responsible for responding to the request and for making a reasonable effort to search for responsive records. (b) In determining which records are responsive to a request, the bureau will include only records in it…
43 CFR 2.13
§ 2.13 How do consultations and referrals work?
(a) When a bureau (other than the Office of Inspector General) locates responsive records that primarily concern another bureau or Federal Government agency that is subject to FOIA, the bureau will determine whether that bureau or agency would be better able to determine whether the record is exempt from disclosure. (b…
43 CFR 2.14
§ 2.14 In what order are responses usually made?
The bureau ordinarily will respond to requests according to their order of receipt within their processing track.
43 CFR 2.15
§ 2.15 What is multitrack processing and how does it affect your request?
(a) Bureaus use processing tracks to distinguish simple requests from more complex ones on the basis of the estimated number of workdays needed to process the request. (b) In determining the number of workdays needed to process the request, the bureau considers factors such as the number of pages involved in processing…
43 CFR 2.16
§ 2.16 What is the basic time limit for responding to a request?
(a) Ordinarily, the bureau has 20 workdays (including the date of receipt) to determine whether to comply with a request, but unusual circumstances may allow the bureau to take longer than 20 workdays (see § 2.19 of this subpart). (b) A consultation or referral under § 2.13 of this part does not restart the statutory t…
43 CFR 2.17
§ 2.17 When does the basic time limit begin for misdirected FOIA requests?
The basic time limit for a misdirected FOIA request (see § 2.4(a) of this part) begins no later than ten workdays after the request is first received by any component of the Department that is designated to receive FOIA requests.
43 CFR 2.18
§ 2.18 When can the bureau suspend the basic time limit?
(a) The basic time limit in § 2.16 of this part may be temporarily suspended for the time it takes you to respond to one written communication from the bureau reasonably asking for clarifying information. (b) The basic time limit in § 2.16 may also repeatedly be temporarily suspended for the time it takes you to respon…
43 CFR 2.19
§ 2.19 When may the bureau extend the basic time limit?
(a) The bureau may extend the basic time limit, if unusual circumstances exist, by notifying you in writing of: (1) The unusual circumstances involved; and (2) The date by which it expects to complete processing the request. (b) If the processing time will extend beyond a total of 30 workdays, the bureau will: (1) Give…
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