U.S. Department of Justice

 

Federal Bureau of Investigation
Washington, D. C. 20535

May 2, 2018

MUCKROCK NEWS

DEPT MR 34446

411A HIGHLAND AVENUE
SOMERVILLE, MA 02144

FOIPA Request No.: 1396781 ?000
Subject: Wounded Knee Incident

Dear Ms. Best:
This is in reference to your Freedom of Information Act (FOIA) request.

The Federal Bureau of Investigation (FBI) has located approximately 42,816 pages of records
potentially responsive to the subject of your request. By DOJ regulation, the FBI notifies requesters when
anticipated fees exceed $25.00. Below you will find check boxes and informational paragraphs about your
request. Please read each one carefully.

Please be advised that you are entitled to the first 100 pages free of charge. If the release is
made on Compact Disc (CD), you will receive the cost equivalent as a credit.

If all potentially responsive pages are released on CD, you will owe in duplication
fees CDs at $15.00 each, less $5.00 credit for the first CD). Releases are made on
CD unless otherwise requested. Each CD contains approximately 500 reviewed pages
per release. The 500 page estimate is based on our business practice of processing
complex cases in segments.

Should you request that the release be made in paper, you will owe $2,135.80 based on a
duplication fee of five cents per page. See 28 CFR ?16.10 and 16.49.

'3 You submitted your request via the system. Releases will be made to you
electronically, and you will owe $1,285.00 in duplication fees (86 releases at $15.00 each,
less $5.00 credit for the first release).

The FBl's system cannot transmit digital media files, and they will need to be
released on CD. The FBI located audio and video files that are potentially responsive to
the subject of your request. If all of the potentially-responsive media is released, you will
owe CDs at $15.00 each, less $5.00 credit for the first CD).

CDs will not be sent to a correctional institution. You will only quality for CD releases if
an alternate address is provided.

You will owe approximately in international shipping fees.

The estimated total cost for processing your request is approximately $1,285.00 or $2,135.80
for paper releases.

Please remember this is only an estimate, and some of the information may be withheld in full
pursuant to FOIA/Privacy Act exemption(s). Also, some information may not be responsive to your subject.
Thus, the actual charges could be less.

Requester Response
No payment is required at this time. You must notify us in writing within thirty (30) days from the
date of this letter of your format decision (paper or CD) unless your request qualifies for eFOIPA
releases. You must also indicate your preference in the handling of your request in reference to
the estimated duplication fees from the following four (4) options:
I am willing to pay estimated duplication/ international shipping fees up to the amount
specified in this letter.
I am willing to pay fees of a different amount.
Please specify amount: ______
Provide me 100 pages or the cost equivalent ($5.00) free of charge. If applicable, I am
willing to pay International shipping fees.
Cancel my request.
If we do not receive your duplication format decision and/or estimated duplication fee selection
within thirty (30) days of the date of this notification, your request will be closed. Include the
FOIPA Request Number listed above in any communication regarding this matter.

For your information, Congress excluded three discrete categories of law enforcement and national
security records from the requirements of the Freedom of Information Act (FOIA). See 5 U.S. C. § 552(c)
(2006 & Supp. IV (2010). This response is limited to those records subject to the requirements of the FOIA.
This is a standard notification that is given to all our requesters and should not be taken as an indication that
excluded records do, or do not, exist.
You have the opportunity to reduce the scope of your request; this will accelerate the process and
could potentially place your request in a quicker processing queue. This may also reduce search and
duplication costs and allow for a more timely receipt of your information. The FBI uses a multi-queue
processing system to fairly assign and process new requests. Simple request queue cases (50 pages or
less) usually require the least time to process.
Please advise in writing if you would like to discuss reducing the scope of your request and your
willingness to pay the estimated search and duplication costs indicated above. Provide a telephone
number, if one is available, where you can be reached between 8:00 a.m. and 5:00 p.m., Eastern Standard
Time. Mail your response to: Work Process Unit; Record Information/Dissemination Section; Records
Management Division; Federal Bureau of Investigation; 170 Marcel Drive; Winchester, VA 22602.
You may also fax your response to: 540-868-4997, Attention: Work Process Unit.
For questions regarding our determinations, visit the www.fbi.gov/foia website under “Contact Us.”
The FOIPA Request number listed above has been assigned to your request. Please use this number in all
correspondence concerning your request.
You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States
Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001, or you
may submit an appeal through OIP's FOIAonline portal by creating an account on the following web
site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or
electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely.
If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of
Information Act Appeal.” Please cite the FOIPA Request Number assigned to your request so it may be
easily identified.

 You may seek dispute resolution services by contacting the Office of Government Information
Services (OGIS) at 877-684-6448, or by emailing ogis@nara.gov. Alternatively, you may contact the FBI’s
FOIA Public Liaison by emailing foipaquestions@fbi.gov. If you submit your dispute resolution
correspondence by email, the subject heading should clearly state “Dispute Resolution Services.” Please
also cite the FOIPA Request Number assigned to your request so it may be easily identified.
Sincerely,

David M. Hardy
Section Chief,
Record/Information
Dissemination Section
Records Management Division