CFR > Title 43 - Public Lands: Interior > SUBTITLE A—Office of the Secretary of the Interior > PART 2—RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT > SUBPART D—FOIA Appeals (§2.28 to §2.33) > 2.28—When may I file an appeal?

2.28—When may I file an appeal?

(a) You may file an appeal when:
(1) Records or parts of records have been withheld;
(2) The bureau informs you that you have not adequately described the records you are seeking, or that it does not possess responsive records and you have reason to believe it does or you question the adequacy of the bureau's search for responsive records;
(3) A decision has not been made on your request within the time limits provided in § 2.12 ;
(4) The bureau did not address all aspects of your request for records;
(5) You believe there is a procedural deficiency (e.g., fees are improperly calculated);
(6) A fee waiver has been denied; or
(7) A request for expedited processing has been denied or not responded to on time. (Special procedures apply to this type of appeal (see §§ 2.14, 2.29(c), and 2.32(b)). An appeal of this type relates only to the request for expedited processing and does not constitute an appeal of your underlying request for records.
(b) Before filing an appeal, you may wish to communicate with the contact person listed in the FOIA response or the bureau's FOIA Officer to see if the issue can be resolved informally. Informal resolution of your concerns may be appropriate where the bureau has not responded to your request or where you believe the search conducted was not adequate. In this latter instance, you may be able to provide additional information that may assist the bureau in locating records. However, if you wish to file an appeal, it must be received by the FOIA Appeals Officer within the time limits in § 2.29.