43 C.F.R. § 2.12

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(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 its possession and control on the date that it begins its search.

(c) The bureau will make reasonable efforts to search for the requested records. As part of its reasonable efforts, the bureau will search paper and/or electronic records (for example, emails), as appropriate. The bureau will not search for records in an electronic form or format if these efforts would significantly interfere with the operation of the bureau's automated information system.

(d) If a bureau receives a request for records in its possession that primarily concern another bureau or Federal Government agency that is subject to FOIA, it may undertake consultations and/or referrals as described in § 2.13.

[77 FR 76902, Dec. 31, 2012, as amended at 81 FR 11128, Mar. 3, 2016; 84 FR 61826, Nov. 14, 2019]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2009–2021 · leading case: Coffey v. Bureau of Land Mgmt., 249 F. Supp. 3d 488 (D.D.C. 2017).

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Coffey v. Bureau of Land Mgmt., 249 F. Supp. 3d 488 (D.D.C. 2017). “” Witt Deck, ¶¶ 14-15 (citing 43 C.F.R. § 2.12 (b)). As mentioned previously, WHBO’s search turned up 514 pages of documents, only three of which were responsive, and all of which were sent to Plaintiff in April 2016 (with some non-responsive pages redacted in part or in full).”

Info. Network for Responsible Mining (\INFORM\") v. Bureau of Land Mgmt.", 611 F. Supp. 2d 1178 (D. Colo. 2009). “§ 552 (a)(6)(A)(I); 43 C.F.R. § 2.12 (a). The BLM did not make a compliance determination or otherwise respond to the FOIA request by this statutory deadline.”

New York v. Salazar, 701 F. Supp. 2d 224 (N.D.N.Y. 2010). “See 43 C.F.R. §§ 2.12 , 2.13. The failure to comply with these deadlines constitute a violation of FOIA.”

Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt. (D.D.C. 2021). “19; see 43 C.F.R. §§ 2.12 , 2.13. The White House completed its review in February 2020, Pl.”

Rocky Mountain Wild, Inc. v. United States Bureau of Land Mgmt. (D. Colo. 2020). “” 43 C.F.R. § 2.12 (b). At least one court has stated that notice of a search cut-off date “can be given constructively via published agency regulations.”

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