Cedar Rapids flood control

Dear Mr. Fischler,

This is in response to your Freedom of Information Act (FOIA) request dated April 17, 2018, in which you requested copies of e-mail correspondence of Army Corps of Engineers personnel to or from: (1) any e-mail address ending in "@ernst.senate.gov"; (2) any person from the office of U.S. Rep. Rod Blum between January 1, 2013 and April 17, 2018 (the date of your request); and (3) any Army Corps of Engineers document referencing a Cedar Rapids flood control project of the Army Corps of Engineers between January 1, 2013 and April 17, 2018 (the date of your request). Your request was assigned tracking number FP 18 016676.

Your request, as submitted, is not considered a proper FOIA request because it does not reasonably describe the records sought. The FOIA contains two requirements a request must meet: it must reasonably describe the records sought and it must be made in accordance with the agency's published FOIA regulations. Army Regulation 25-55 1-507 outlines the descriptive information necessary for a request to be considered reasonably described. That descriptive information may fall in one of two categories. The first is file-related and includes information such as type of record (for example, memorandum), title, index citation, subject area, date the record was created and originator. The second category is event-related and includes the circumstances that resulted in the record being created or the date and circumstances surrounding the event the record covers.

While you have identified the type of record (email to or from any email address ending in @ernst.senat.gov or any person from the office of U.S. Rep. Rod Blum, and any document referencing a Cedar Rapids flood control project) and date range for the requested records, you have not specified subject area (Criteria 1) or any event related information (Criteria 2) for the first two categories of requested records that would allow us to conduct a non
random search for responsive information. For all categories of requested records you have not identified which individuals, offices, branches, or directorates you are seeking information from. In order to administer your request in its present state, we would have to query every employee in USACE to determine if they have any responsive information. Such efforts go beyond what is required under the FOIA. If you maintain interest in the requested information, please provide sufficient clarification which will allow us to conduct a non-random search of our records. You may submit your clarification/additional information to FOIA@usace.army.mil.

Your request file will remain open for 10 business days while we await your response. If no response is received by May 9, 2018, we will assume you are no longer interested and will close your request. If you have questions, please write to FOIA@usace.army.mil, or call Michelle Bartlett at (703) 428-7207.

Best regards,

Mary Alice Smith
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
703-428-8160 (office)
703-428-7221 (fax)
Mary.A.Smith@usace.army.mil

THIS IS A PRIVILEGED COMMUNICATION -ATTORNEY-CLIENT/ATTORNEY WORK-PRODUCT.
DO NOT RELEASE UNDER FOIA.

NOTICE: This email and any attachments constitute non-public information
and may contain legally privileged and confidential information intended
solely for the use of the addressee(s). If you are not the intended
recipient, any reading, dissemination, distribution, copying or other use of
this email, including attachments, is prohibited and may be unlawful. If
you have received this message in error, please delete it, including all
copies and backups, and notify me immediately by telephone at (703) 428-8160
or by email at Mary.A.Smith@usace.army.mil. Thank you.

Dear Mr. Fischler,

Please see the attached in response to your FOIA request.

Best regards,

Mary Alice Smith
Paralegal Specialist
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
703-428-8160 (office)
703-428-7221 (fax)
Mary.A.Smith@usace.army.mil

THIS IS A PRIVILEGED COMMUNICATION -ATTORNEY-CLIENT/ATTORNEY WORK-PRODUCT. DO NOT RELEASE UNDER FOIA.

NOTICE: This email and any attachments constitute non-public information and may contain legally privileged and confidential information intended solely for the use of the addressee(s). If you are not the intended recipient, any reading, dissemination, distribution, copying or other use of this email, including attachments, is prohibited and may be unlawful. If you have received this message in error, please delete it, including all copies and backups, and notify me immediately by telephone at (703) 428
8160 or by email at Mary.A.Smith@usace.army.mil. Thank you.