---
kind: "section"
citation: "43 C.F.R. § 3503.46"
title: "43"
number: "3503.46"
heading: "When will BLM consult with Indian mineral owners when information concerning their minerals is the subject of a FOIA request?"
url: "https://uscodex.org/cfr/43/3503.46"
---

# §3503.46. When will BLM consult with Indian mineral owners when information concerning their minerals is the subject of a FOIA request?


BLM will notify the Indian mineral owner(s) identified in the records of the Bureau of Indian Affairs (BIA), and the BIA, and give them a reasonable period of time to state objections to disclosure, using the standards and procedures of [§ 2.15(d)](/cfr/43/2.15.md?p=d) of this title, before making a decision about the applicability of FOIA exemption 4 to protect:

- (a) information obtained from a person outside the United States Government; when
- (b) following consultation with a submitter under [§ 2.15(d)](/cfr/43/2.15.md?p=d) of this title, BLM determines that the submitter does not have an interest in withholding the records that can be protected under FOIA; but
- (c) BLM has reason to believe that disclosure of the information may result in commercial or financial injury to the Indian mineral owner(s), but is uncertain that such is the case.

## Notes

### Authority

Authority: 5 U.S.C. 552; 30 U.S.C. 189, 192c, and 209; 43 U.S.C. 1701 et seq.; and sec. 402, Reorganization Plan No. 3 of 1946 (5 U.S.C. appendix).

### Source

Source: 64 FR 53536, Oct. 1, 1999, unless otherwise noted.