36 C.F.R. § 1222.34 Identifying Federal records.
Title 36 - Parks, Forests, and Public Property
(a) General. To ensure that complete and accurate records are made and retained in the Federal Government, it is essential that agencies distinguish between records and nonrecord materials by the appropriate application of the definition of records (see 44 U.S.C. 3301 and 36 CFR 1220.14) to agency documentary materials. Applying the definition of records to most documentary materials created or received by agencies presents few problems when agencies have established and periodically updated recordkeeping requirements covering all media and all agency activities at all levels and locations. (b) Record status. Documentary materials are records when they meet both of the following conditions: (1) They are made or received by an agency of the United States Government under Federal law or in connection with the transaction of agency business; and (2) They are preserved or are appropriate for preservation as evidence of agency organization and activities or because of the value of the information they contain. (c) Working files and similar materials. Working files, such as preliminary drafts and rough notes, and other similar materials shall be maintained for purposes of adequate and proper documentation if: (1) They were circulated or made available to employees, other than the creator, for official purposes such as approval, comment, action, recommendation, follow-up, or to communicate with agency staff about agency business; and (2) They contain unique information, such as substantive annotations or comments included therein, that adds to a proper understanding of the agency's formulation and execution of basic policies, decisions, actions, or responsibilities. (d) Record status of copies. The determination as to whether a particular document is a record does not depend upon whether it contains unique information. Multiple copies of the same document and documents containing duplicative information, including messages created or received on electronic mail systems, may each have record status depending on how they are used to transact agency business. See paragraph (f)(2) of this section concerning the nonrecord status of extra copies. (e) Electronic mail messages. Messages created or received on electronic mail systems may meet the definition of record in 44 U.S.C. 3301. (f) Nonrecord materials. Nonrecord materials are Government-owned documentary materials that do not meet the conditions of record status (see §1222.34(b)) or that are specifically excluded from status as records by statute (see 44 U.S.C. 3301): (1) Library and museum material (but only if such material is made or acquired and preserved solely for reference or exhibition purposes); (2) Extra copies of documents (but only if the sole reason such copies are preserved is for convenience of reference); and (3) Stocks of publications and of processed documents. (Each agency shall create and maintain serial or record sets of its publications and processed documents, as evidence of agency activities and for the information they contain, including annual reports, brochures, pamphlets, books, handbooks, posters and maps.) (g) Agency responsibilities. Agencies shall take appropriate action to ensure that all staff are capable of identifying Federal records. For electronic mail systems, agencies shall ensure that all staff are informed of the potential record status of messages, transmittal and receipt data, directories, and distribution lists. [55 FR 27423, July 2, 1990, as amended at 60 FR 44640, Aug. 28, 1995]
Title 36: Parks, Forests, and Public Property
PART 1222—CREATION AND MAINTENANCE OF FEDERAL RECORDS
Subpart C—Standards for Agency Recordkeeping Requirements
§ 1222.34 Identifying Federal records.
