FREEDOM OF INFORMATION ACT REQUESTS
The Freedom of Information Act (FOIA) is a Federal law that establishes the public's right to request existing records from the files of the Federal Government.
Any "person" can file a FOIA request, including citizens, foreign nationals, organizations, universities, businesses, and state and local governments.
A record is defined as a book, paper, map, or photograph, machine readable materials, inclusive of those in electronic form or format.
The FOIA does not require the agency to answer questions, render opinions, or provide subjective evaluations. Requesters must ask for existing records.
You can request the documents by filling out the FOIA Form (PDF, 19KB - requires Adobe Reader) and faxing to (503) 808-4526, e-mailing FOIA-NWP, or mailing to:
Freedom of Information Act Officer
Portland District, USA Corps of Engineers
ATTN: Janice Sorensen, Office of Counsel
PO Box 2946 Portland,
OR 97208-2946
Please include a willingness to pay statement, and define as specifically as possible the documents you are requesting.
You will receive a response to your request within the required twenty (20) working-day requirement of the Act, or the FOIA Office will contact you requesting an additional time and describe any issues regarding the search of the documents.
To receive expedited processing, one must be able to state that:
a. Failure to obtain the records quickly could be expected to pose an imminent threat to the life or physical safety of an individual;
b. Information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged federal government activity;
c. Imminent loss of substantial due process rights.
All requesters must submit a willingness to pay fees regardless of the fee category, however, this does not mean you will be charged fees. Except for commercial requesters whose fees total more than $15, waivers are always considered. Fee waivers may be granted when disclosure of the records is in the public interest. Many requests for documents under the "other" category fall under the 100 pages given free or under the minimum charge amount set by the agency. A requester may include a maximum amount and ask the FOIA Officer to call them prior to going over the set amount.
The FOIA allows fees to be charged to certain types of requesters, but it also provides that waivers or reductions in fees be given if disclosing the information is in the public interest. Public interest is defined as information which significantly enhances the public's knowledge of the operations and activities of the agency. Requesters will be placed in one of the following categories:
Commercial. Requesters who seek information for a use or purpose that furthers their commercial, trade, or profit interest. Commercial requesters pay all fees for search, review and duplication. Educational. Institutions of education. The records must be sought in furtherance of scholarly research.
Educational requesters pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. The first 100 pages are provided at no cost.
Non-commercial Scientific. A non-commercial scientific institution is operated solely for conducting scientific research. The records must be sought in furtherance of scientific research. Like educational requesters, these requesters pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. The first 100 pages are provided at no cost.
News Media. A representative of the news media is a person actively gathering news for an entity organized and operated to publish or broadcast news to the public. News media pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. Again, the first 100 pages are provided at no cost.
Other Requesters. Requesters who do not qualify in another category are considered "other" requesters and normally make requests for agency records for their personal use. "Other" requesters receive two hours search, all review costs, and the first 100 pages at no cost.
APPEALS
If your request is initially denied in whole or in part under one or more of the nine exemptions, or denied for some other reason, you will be advised of your appeal rights and the proper procedures for submitting the appeal within 60 days.
For questions regarding this program, or for an update regarding the status of your request, please contact Janice Sorensen at (503) 808-4523, Ed Berger at (503) 808-4518 or Brenda Jones at (503) 808-4521.