43 CFR §2.69

1. (a)If you request research data that were used by the Federal Government in developing certain kinds of agency actions, and the research data relate to published research findings produced under an award, in accordance with OMB Circular A-110:
   1. (1)If the bureau was the awarding agency, it will request the research data from the recipient;
   2. (2)The recipient must provide the research data within a reasonable time; and
   3. (3)The bureau will review the research data to see if it can be released under the FOIA.
2. (b)If the bureau obtains the research data solely in response to your FOIA request, the bureau may charge you a reasonable fee equaling the full incremental cost of obtaining the research data.
   1. (1)This fee should reflect costs incurred by the agency, the recipient, and applicable subrecipients.
   2. (2)This fee is in addition to any fees the agency may assess under the FOIA.
3. (c)The bureau will forward a copy of the request to the recipient, who is responsible for searching for and reviewing the requested information in accordance with these FOIA regulations. The recipient will forward a copy of any responsive records that are located, along with any recommendations concerning the releasability of the data, and the total cost incurred in searching for, reviewing, and providing the data.
4. (d)The bureau will review and consider the recommendations of the recipient regarding the releasability of the requested research data. However, the bureau, not the recipient, is responsible for deciding whether the research data will be released or withheld.