Dakota Access Pipeline in Standing Rock Reservation and the US Army Corp of Engineers

Curtis Waltman filed this request with the U.S. Army Corps of Engineers of the United States of America.
Tracking # FP-17-004590
Est. Completion None
Status
Fix Required

Communications

From: Curtis Waltman

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any communications, reports, contracts, or agreements that were made between the U.S. Army Corp of Engineers and the Energy Transfer Partners, L.P. concerning the building of the Dakota Access Pipeline through the Standing Rock Indian Reservation.

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,

Curtis Waltman

From: Bartlett, Michelle J CIV USARMY CEHEC (US)

Good afternoon,

Your Freedom of Information Act (FOIA) request for information related to
the Dakota Access Pipeline was received in this office and assgined tracking
number FP-17-004590.
My office is responsible for administering the FOIA requests for the USACE
Headquarters Offices. I have reviewed your request and determined that, if
records exist, they would be located at the USACE Omaha District.
Therefore, I have transferred your FOIA request to that District's FOIA
Officer and he/she will reply to you directly with regard to your letter. I
have included the Omaha District FOIA Office contact information below
should you wish to contact them directly.

USACE Omaha District
CENWO-OC
1616 Capitol Ave
Omaha, NE 68102-4901
foia-nwo@usace.army.mil
Phone: 402-995-2603
Fax: 402-995-2614

Michelle Bartlett
Office of Counsel
U.S. Army Corps of Engineers,
Humphreys Engineer Center Support Activity (HECSA)
7701 Telegraph Road
Kingman Building
Alexandria, VA 22315-3860
Office Phone: (703) 428-7207

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) 428-7207
or by email at Michelle.Bartlett@usace.army.mil. Thank you.

From: Burke, Linda F CIV USARMY CENWO (US)

Mr. Waltman - Your Freedom of Information Act (FOIA) request dated September 28, 2016, has been referred to the Omaha District, Corps of Engineers, for a response. Your FOIA request asked for the following: Any communications, reports, contracts, or agreements that were made between the U.S. Army Corps of Engineers and the Energy Transfer Partners, L.P. concerning the building of the Dakota Access Pipeline through the Standing Rock Indian Reservation.

In response to your request for reports, the following website has the draft EA and the Final EA: http://www.nwo.usace.army.mil/Missions/Civil-Works/Planning/Project-Reports/Article/633496/dakota-access-pipeline-environmental-assessment/

There is no contract between the Omaha District, Corps of Engineers and Energy Transfer Partners concerning the building of the Dakota Access Pipeline nor is there any agreement. However, portions of the pipeline require permits under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act of 1899. In addition, 33 U.S.C. Section 408 requires the Corps to give permission for Transfer Energy Partners to modify or occupy federal land beneath Lake Oahe by placing the pipeline there. Finally, the pipeline may not cross under Lake Oahe until the Corps executes an easement for its placement and operation. These permits, permissions and outgrants are necessary for only a small fraction of the overall pipeline. Please be more specific in describing the documents you are requesting.

Under the FOIA, your request is in the "commercial request" fee category. All commercial requesters are charged $20.00 per hour for clerical search and review, $44.00 per hour for professional search and review, $.15 for each printed side of a duplicated page, and $52.00 per hour for computer time. Once we receive more specific information from you on what you are requesting, we will attempt to give you an estimate of the cost to process your request.

Sincerely,

Linda F. Burke
Paralegal Specialist
Phone: 402/995-2603
email: linda.f.burke@usace.army.mil

From: Curtis Waltman

Linda, hello-
Thank you for your response. In light of MuckRock's status as a 501c(3) non-profit, and the clear public interest of this request, please amend fee category to "media," or at very least "all other." Thank you.

From: Burke, Linda F CIV USARMY CENWO (US)

Mr. Waltman - An entity's nonprofit status does not lead to an automatic fee waiver.

In looking at your website, it appears you have a commercial interest in the information you have requested. You charge customers to make FOIA requests on their behalf.

It is our determination, you are a commercial requester.

Linda F. Burke
Paralegal Specialist
Phone: 402/995-2603
email: linda.f.burke@usace.army.mil

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