From: dudleydevices@aol.com <dudleydevices@aol.com>
Sent: Friday, November 22, 2019 10:16 PM
To: 'FOIA-NWP' <foia-nwp@usace.army.mil>
Subject: FW: FOIA Request No. 19020068

Hi Heather,

In your earlier email on 5-14-2019 (attached below), you said that because I was an "other" requestor and shall receive two hours search and all review efforts at no cost.

You said the search was 2.5 hours and I'd have to pay to continue searching.

I said to stop, this is enough information for my purpose. If you couldn't find anything in 2.5 hours then most likely it’s not currently an ongoing activity - or the information is being withheld from us.

I believe a more reasonable figure would be $24 for 0.5 hrs. over the 2.0 hour grace period.

The $168 figure was the estimate if I wanted you to continue searching for another 3-hours, making the paid search time 3.5 hours for $168.

But I didn't want the 3 hours more, I was satisfied with the results of the 2.5 hour search.

Do you want me to send a check for $24?

Cheers,

Doug

=====================================================================

From: FOIA-NWP
Sent: Tuesday, May 14, 2019 9:27 AM
To: dudleydevices@aol.com
Cc: FOIA-NWP <foia-nwp@usace.army.mil>
Subject: Research Costs, FOIA Req. No. 19016278

Mr. Albright:

The FOIA allows fees to be charged to certain types of requestors who are placed in one of three categories: commercial, news media, and "other".

Requesters who do not qualify in another category are considered “other” requestors and ordinarily request agency records for their personal use. Based on the information contained in your request, you are considered an “other” requestor and shall receive two hours search and all review efforts at no cost. Search efforts exceeding two hours are charged at a rate of $48 per hour (see Fee Schedule, 32 C.F.R. ? 286.12).

Please be advised that search efforts have exceeded two hours (currently, 2.5 hrs). The Corps estimates an additional 3 hours will be necessary to compile all the documents before this office may review. As indicated above, all review efforts are at no cost to you, search efforts here forward will be charged; we estimate approximately $168. Please note, this is an estimate and we cannot guarantee the costs will be more/less.

Please reply to this email acknowledging costs associated and willingness to pay those costs. Also, please be aware that, in accordance with 5 USC ? 552(a)(6)(A)(ii)(I), your request has been put on hold until we receive a written response from you.

Regards,
Heather
Heather Hall
District FOIA Officer
U.S. Army Corps of Engineers
Northwestern Division

Portland District Counsel, CENWP-OC
333 SW First Avenue
Portland, OR 97204-3495
(503) 808-4521 | ?FOIA-NWP@usace.army.mil
Blockedhttp://www.nwp.usace.army.mil/About/FOIA.aspx

From: FOIA-NWP <foia-nwp@usace.army.mil>
Sent: Monday, July 01, 2019 10:25 AM
To: Douglas Albright <DudleyDevices@Aol.com>; FOIA-NWP <foia-nwp@usace.army.mil>
Subject: FOIA Request No. 19020068

Hi Doug,

The District receives a large volume of complex FOIA requests, which are processed on a “first-in, first-out” basis. Accordingly, backlogged FOIA requests are also processed in the same manner.

This confirms receipt of your request for “a list of the efforts from all sources expended on the GBO Project for the past 10 years…specifically, how much money and how many man-hours have been expended by USACE to develop the GBO…”

The FOIA provides that any person has a right to obtain access to existing federal agency records, except to the extent that such records (or portions thereof) are protected from public disclosure. In other words, if a document(s) listing cost and man-hours expended for GBO efforts does not exist, the FOIA does not require such a list to be created. Such efforts may not have been tracked in a system of records

Finally, $15 is not adequate to complete your request. Department of Defense (DoD) Components shall charge for processing requests under the FOIA in accordance with 32 C.F.R. § 286.12. For purposes of assessing fees, the FOIA establishes a request that asks for information for a use or purpose that furthers a commercial, trade, or profit interest, which can include furthering those interests through litigation. Commercial requesters are responsible for all efforts at a rate of $48 per hour. Moreover, refusal to pay for expended efforts to locate records for your prior request does provide agencies the authority to refuse process of new FOIA requests.

Please be aware that, in accordance with 5 USC § 552(a)(6)(A)(ii)(I), your request will remain on hold until the matters discussed above are settled.

Regards,
Heather
………………………………..
Heather Hall
District FOIA Officer
U.S. Army Corps of Engineers
Northwestern Division

Portland District Counsel, CENWP-OC
333 SW First Avenue
Portland, OR 97204-3495
(503) 808-4521 | FOIA-NWP@usace.army.mil
http://www.nwp.usace.army.mil/About/FOIA.aspx

From: Douglas Albright [mailto:DudleyDevices@Aol.com]
Sent: Sunday, June 23, 2019 4:43 AM
To: FOIA-NWP <foia-nwp@usace.army.mil>
Subject: [Non-DoD Source] Re: Closure Confirmation, FOIA Req. No. 19016278

Hi Heather,

The separate email regarding a new request has not been received.? Please consider this wee nudge as just a reminder.

Would you please send me a list of the efforts from all sources expended on the GBO project for the last 10 years?

Specifically, How much money and how many man-hours have been expended by USACE to develop the GBO in recent history?

I will pay up to $15 for copying fees and postage but I prefer electronic format - an email with the information will be sufficient.

Thank you for your efforts on the prior FOIA search.

Doug Albright

Actuation Test Equipment Company

(815) 335-1143