Regulations last checked for updates: May 18, 2024

Title 43 - Public Lands: Interior last revised: May 13, 2024
§ 2.23 - When will the bureau deny a request or procedural benefits?

(a) A bureau denies a request when it makes a decision that:

(1) A requested record is exempt, in full or in part;

(2) The request does not reasonably describe the records sought;

(3) A requested record does not exist, cannot be located, or is not in the bureau's possession and/or control; or

(4) A requested record is not readily reproducible in the form or format you seek.

(b) A bureau denies a procedural benefit only, and not access to the underlying records, when it makes a decision that:

(1) A fee waiver, or another fee-related issue, will not be granted; or

(2) Expedited processing will not be provided.

(c) The bureau must consult with the Office of the Solicitor before it denies a fee waiver request or withholds all or part of a requested record (unless the Office of the Solicitor has expressly preapproved such a withholding).

[77 FR 76902, Dec. 31, 2012, as amended at 81 FR 11129, Mar. 3, 2016; 84 FR 61828, Nov. 14, 2019]
authority: 5 U.S.C. 301,552,552a,553,31.S.C. 3717, 43 U.S.C. 1460,1461,the,Pub. L. 115-59, September 15, 2017
source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.
cite as: 43 CFR 2.23