7 C.F.R. § 1.7
Records responsive to records requests
(a) In determining which records are responsive to a request, a component ordinarily will include only records in its possession as of the date that the component begins its search.
(b) A component is not required to create a new record in order to fulfill a request for records. The FOIA does not require agencies to do research, to analyze data, or to answer written questions in response to a request.
(c) Creation of records may be undertaken voluntarily.
(d) A component will provide a record in the format specified by a requester, if the record is readily reproducible by the component in the format requested.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2011–2023 · leading case: Schindler Elevator Corp. v. United States ex rel. Kirk, 179 L. Ed. 2d 825 (2011).
Schindler Elevator Corp. v. United States ex rel. Kirk, 179 L. Ed. 2d 825 (2011). “of Interior); 7 CFR §1.7 (2010) (Dept. of Agriculture).”
Schindler Elevator Corp. v. United States ex rel. Kirk, 131 S. Ct. 1885 (2011). “of Interior); 7 CFR §1.7 (2010) (Dept. of Agriculture).”
Black Hills Clean Water All. v. U.S. Forest Serv. (D.S.D. 2023). “” See 7 C.F.R. § 1.7 (a). At the hearing on March 20, 2023, counsel for the Agency explained that DOA policy is to stick with the initial dates of the search even when conducting 11 additional searches.”
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