Cedar Rapids flood control

Jacob Fischler filed this request with the U.S. Army Corps of Engineers of the United States of America.
Est. Completion None
Status
Awaiting Response

Communications

From: Jacob Fischler

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

>Email correspondence of Army Corps of Engineers personnel to or from:
-any email address ending in "@ernst.senate.gov"
-any person from the office of U.S. Rep. Rod Blum
between Jan. 1, 2013, and the date this request is processed.

>Any Army Corps of Engineers document referencing a Cedar Rapids flood control project of the Army Corps of Engineers between Jan. 1, 2013, and the date this request is processed.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jacob Fischler

From: U.S. Army Corps of Engineers

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.

From: Jacob Fischler

Ms. Smith,

Thank you for your April 25 email regarding my FOIA request (tracking number FP 18 016676).

Please amend my request to clarify the following:
>It applies only U.S. Army Corps of Engineers employees at the Rock Island District AND at U.S. Army Corps of Engineers headquarters.
>The subject matter is the Cedar Rapids flood control project, authorized as in Sec. 7002 of the Water Resources Reform and Development Act (WRRDA) of 2014.

Please contact me with any further questions or concerns. You can reach me at jacobfischler@cqrollcall.com, 202-650-6832 (o) or 612-275-7543 (c).

Thank you,
Jacob Fischler
CQ

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