---
kind: "section"
citation: "36 C.F.R. § 1012.9"
title: "36"
number: "1012.9"
heading: "What criteria will the Presidio Trust consider in responding to my Touhy Request?"
url: "https://uscodex.org/cfr/36/1012.9"
---

# §1012.9. What criteria will the Presidio Trust consider in responding to my Touhy Request?


In deciding whether to grant your Touhy Request, the Executive Director will consider:

- (a) Your ability to obtain the testimony or records from another source;
- (b) The appropriateness of the employee testimony and record production under the relevant regulations of procedure and substantive law, including the FOIA or the Privacy Act; and
- (c) **The Presidio Trust's ability to—**
  - (1) Conduct its official business unimpeded;
  - (2) Maintain impartiality in conducting its business;
  - (3) Minimize the possibility that the Presidio Trust will become involved in issues that are not related to its mission or programs;
  - (4) Avoid spending public employees' time for private purposes;
  - (5) Avoid any negative cumulative effect of granting similar requests;
  - (6) Ensure that privileged or protected matters remain confidential; and
  - (7) **Avoid undue burden on the Presidio Trust.**

## Notes

### Authority

Authority: 16 U.S.C. 460bb appendix; 40 U.S.C. 102; 44 U.S.C. 2901 and 3102.

### Source

Source: 74 FR 42030, Aug. 20, 2009, unless otherwise noted.