8126

• UCREFRP Catalog Number: 8126
• Author: U.S. Deparment of the Interior.
• Title: Freedom of Information Act Handbook.
• USFW Year: n.d.
• USFW - Doc Type: Washington, D.C.
• Copyright Material: NO

203 FW 1
Exhibit 1
Page 4 of 13

(C) ReconU 01 other departments and formatton is contldentlal. has not been
agmeiu., (1) U & requested record in dJsclosed to the pUbllc by the submit.
the Possession ot the Depanment of ter. and Is not roUtinely &VlLiJable to
the Interior orie1nated With another the pUbllc from other sources.
Federal dep&rtD1ent or agency. the ree (3) U a submitter's statement cannot
quest shall be referred to that &Cenc)' be obtained Within the time l1mit tor
UDJess- P~stl1C the request under t 2.1'1.
m The record Is of primary Interest the requester sh&U be notttled of the
to the Dep&nment. delay as Provtded In I 2.1 '1Cf).
CU) The DeP&rtlnent is In & better (4) NotUICI.t1on to a submitter is not
pOSItion than the oril1natlnC &Cency reqWred It:
to uaess whether the record is exempt (l) The bureau determines. prtor to
from d1sc1osure, or . livtnc noUce. that the request for the
(W) The ortctnaUnc agency is not record shou1cl be dented:
subject to the Act. ---.. - - _.. -. ell) The Infarmatton bas prevtously
The DeP&r'tment has prim.&ry interest been lawfully pUblished or officially
In a record If It was developed or pre- made available to the pUbllc:
Pared Pursuant to Depanment relNJa. (W) Disclosure is required by & stat-
tions. dfrectlves or request. ute <ather than the FOU) or regu1a-
(2) In accordance With Execuct1ve tlon <ather than this subPart):
Order 12356. a request far documents Clv) Disclosure Is clearly prohibited
that were classified by another &Cenc)' b7 a statute. as described in
shaU be referred to that agency. t 2.13Cc)(3):
Cd) Conaultation tDith nbmitten 01 (V) The information was not deslg.
commercial a.ad Jinancial itV'onn4- Dated by the submttter as confident1a1
tCon.. C 1) U a request seeu a record wben It ... submtttecL or a reasonable
cantatnt"c trade secrets or commercial time thereafter. It the submitter was
or financial Infarmatton submitted by specUlca11y afforded an appartUnity to
a penon outside of the Federal cav. make such a d~l",tIon: however. a
emment. the bureau Pracesstnc the re. submitter wm be notUJed of a request
quest sh&ll provide the submitter with for Infarmattan that WU not destcnat-
notice of the request wbenever- ed .. ecmftdmt1al at the time of sub.
Cl) The submitter has made a I'OOd 1n1ss1on. or a ft!8so'table time thereat.
faith desttmatlon of the information ter. If there Is BUbstanUal reason to be-
as COIIIIDerdally or ttn_nl"j_ny sens1. Uen that c:UIcIasure of the Informa.
tlve. or Uon would result In competitive harm.
(ll) The bureau has reason to be1leve (Vi) The ~l"a.tJon at CODtldentlal.
that d1sc1osure at the Infarmatton IDay Ity made by the aubmltter Is obviously
result In COIIUDerctal or ff,,_.,..t_. trivolous: or
lnJunr to the submitter. <ViI) The infOrmation was submitted
Where natUlcatlon at a valWD1naus to the Department more than 10 years
number of subDUttel'S is reqU1red. such Pliar to the date of the request. unless
notU1catlon may be accampUshed by. the bureau bu reason to belleve that
PGSt1DI' or pUbl1shfnc the not1ce In a It cont1Dues to be eonttdmtlal.
place reasonably c:a1cu1ated to accom. (I) U a requester bnna suit to
plish notUlc:at1an. COIDDel cUscloaure ot information. the
(2) The noUce to the submitter shall submitter of the Infanaatlon wUl be
afford the aubmltter a l"eUOaable promptly DOCWed.
period wttbln wb1ch to provtde a de-
tailed -tatement of &IIJ' abJectIon to
d1sc108Ure. The mbadtter'8 statement
. shall eXlJ1afn the bu1a 011 wb1ch the
1nf0naa~tOll fa c1atmed to be exeiDDt
under the POL\. 1Dclud1Dc a SDeCWc:a-
tlon at &IU' claim of COIDPetlUve or
other bu.1ness bum that would result
fram d1ac1osure. The statement shall
aUo inclUde a certU1catlon that the In.

'2.1. ActIoa oalaitla1 n......
(&) Authori~ (1) Recauesta to field
t--II_ttam 8ba1J. be decided by the
he&c:t at the t_.II-tlon or by such
b!dler authority u the bead at the
bureau may ......p'.te iii wrtUDa.
(2) Requests to the beadquaners of
a bureau shall be decided only by the
head of the bureau .or an attlc1al