36 C.F.R. Subpart C—Fees
Title 36 - Parks, Forests, and Public Property
(a) Fees and fee waivers for FOIA requests for NARA operational records are listed in this subpart. (b) Fees for FOIA requests for NARA archival records are listed in 36 CFR part 1258. (a) If you are a commercial use requester, we will charge you fees for searching, reviewing, and copying. (b) If you are an educational or scientific institution requester, or a member of the news media, we will charge you fees for copying. However, we will not charge you for copying the first 100 pages. (c) If you do not fall into either of the categories in paragraphs (a) and (b) of this section, then we will charge you search and copying fees. However, we will not charge you for the first 2 hours of search time or for copying the first 100 pages. (a) NARA is able to make most of its records available for examination at the NARA facility where the records are located. Whenever this is possible, you may review the records in a NARA research room at that facility. (b) If you want NARA to supply you with copies, we will normally require you to pay all applicable fees in accordance with §1250.52 before we provide you with the copies. (c) NARA may charge search fees even if the records are not releasable or even if we do not find any responsive records during our search. (d) If you are entitled to receive 100 free pages, but the records cannot be copied onto standard size (8.5&inch; by 11&inch;) photocopy paper, we will copy them on larger paper and will reduce your copy fee by the normal charge for 100 standard size photocopies. If the records are not on textual media (e.g., photographs or electronic files) we will provide the equivalent of 100 pages of standard size paper copies for free. (e) We will not charge you any fee if the total costs are $10 or less. (f) If estimated search or review fees exceed $50, we will contact you. If you have specified a different limit that you are willing to spend, we will contact you only if we estimate the fees will exceed that amount. (g) If you have failed to pay FOIA fees in the past, we will require you to pay your past-due bill before we begin processing your request. If we estimate that your fees may be greater than $250, we may require payment or a deposit before we begin processing your request. (h) If we determine that you (acting either alone or with others) are breaking down a single request into a series of requests in order to avoid or reduce fees, we may aggregate all these requests in calculating the fees. In responding to FOIA requests for operational records, NARA will charge the following fees, where applicable, unless we have given you a reduction or waiver of fees under §1250.60. (a) Search fees—(1) Manual searching of records. When the search is relatively straightforward and can be performed by a clerical or administrative employee, the search rate is $16 per hour (or fraction thereof). When the request is more complicated and must be done by a professional employee of NARA, the rate is $33 per hour (or fraction thereof) (2) Computer searching. This is the actual cost to NARA of operating the computer and the salary of the operator. When the search is relatively straightforward and can be performed by a clerical or administrative employee, the search rate is $16 per hour (or fraction thereof). When the request is more complicated and must be done by a professional employee of NARA, the rate is $33 per hour (or fraction thereof). (b) Review fees. (1) Review fees are charged for time spent examining all documents that are responsive to a request to determine if any are exempt from release and to determine if NARA will release exempted records. (2) The review fee is $33 per hour (or fraction thereof). (3) NARA will not charge review fees for time spent resolving general legal or policy issues regarding the application of exemptions. (c) Reproduction fees—(1) Self-service photocopying. At NARA facilities with self-service photocopiers, you may make reproductions of released paper documents for 15 cents per page. (2) Photocopying standard size pages. This charge is 20 cents per page when NARA produces the photocopies. (3) Reproductions of electronic records. The direct costs to NARA for staff time for programming, computer operations, and printouts or electromagnetic media to reproduce the requested information will be charged to requesters. When the work is relatively straightforward and can be performed by a clerical or administrative employee, the rate is $16 per hour (or fraction thereof). When the request is more complicated and must be done by a professional employee of NARA, the rate is $33 per hour (or fraction thereof). (4) Copying other media. This is the direct cost to NARA of the reproduction. Specific charges will be provided upon request. (a) NARA will waive or reduce your fees for NARA operational records only if your request meets both of the following criteria: (1) The request is in the public interest (i.e., information likely to contribute significantly to public understanding of the operations and activities of the government); and (2) The request is not primarily in your commercial interest. (b) All requests for fee waivers or reductions must be made at the time of the initial FOIA request. All requests must include the grounds for requesting the reduction or elimination of fees. (a) If you request a fee waiver, NARA will consider the following in reviewing how your request meets the public interest criteria in §1250.58(a)(1): (1) How do the records pertain to the operations and activities of the Federal Government? (2) Will release reveal any meaningful information about Federal Government activities that is not already publicly known? (3) Will disclosure to you advance the understanding of the general public on the issue? (4) Do you have expertise in or a thorough understanding of these records? (5) Will you be able to disseminate this information to a broad spectrum of the public? (6) Will disclosure lead to a significantly greater understanding of the Government by the public? (b) After reviewing your request and determining that there is a substantial public interest in release, NARA will also review it to determine if it furthers your commercial interests. If it does, you are not eligible for a fee waiver.
Title 36: Parks, Forests, and Public Property
PART 1250—PUBLIC AVAILABILITY AND USE OF FEDERAL RECORDS
Subpart C—Fees
§ 1250.50 Will I be charged for my FOIA request?
§ 1250.52 How much will I have to pay for a FOIA request for NARA operational records?
§ 1250.54 General information on fees for NARA operational records.
§ 1250.56 Fee schedule for NARA operational records.
§ 1250.58 Does NARA ever waive FOIA fees for NARA operational records?
§ 1250.60 How will NARA determine if I am eligible for a fee waiver for NARA operational records?
