36 C.F.R. Subpart E—Loan of Permanent and Unscheduled Records
Title 36 - Parks, Forests, and Public Property
Source: 55 FR 27433, July 2, 1990, unless otherwise noted.
The Archivist of the United States has authority over the placement of permanent records (44 U.S.C. 2107 and 2904). As unscheduled records have not been appraised, they will be deemed permanent for the purposes of this section and are also covered by this authority. No permanent or unscheduled records shall be loaned to non-Federal recipients without prior written approval from NARA. This authorization is not required for temporary loan of permanent and unscheduled records between Federal agencies. (a) An agency proposing to loan permanent or unscheduled records shall execute a written loan agreement with the proposed recipient. The agreement shall include: (1) The name of the department or agency and subdivisions thereof having custody of the records; (2) The name and address of the proposed recipient of the records; (3) A list containing: (i) An identification by series or system of the records to be loaned, (ii) The inclusive dates for each series, (iii) The volume and media of the records to be loaned, and (iv) The NARA disposition job (SF 115) and item numbers covering the records, if any; (4) A statement of the purpose and duration of the loan; (5) A statement specifying any restrictions on the use of the records and how these restrictions will be administered by the donee; and (6) A certification that the records will be stored according to the environmental specifications for archival records. (b) The Archivist of the United States shall be a signatory on all loan agreements for permanent and unscheduled records. An agreement may not be implemented until the Archivist has signed. (c) The head of the Federal agency shall request approval for the loan by sending a letter to NARA (NWML), 8601 Adelphi Rd., College Park, MD 20740–6001, transmitting the proposed loan agreement and specifying the name, title, and telephone number of the person NARA should contact about the proposed loan. [57 FR 22432, May 28, 1992, as amended at 63 FR 35829, July 1, 1998] NARA will review the request and, if found acceptable, return the approved agreement to the agency. NARA will deny the request if the records should be transferred to the National Archives in accordance with subpart J of this part or if the loan would endanger the records or otherwise contravene the regulations in 36 CFR chapter XII, subchapter B. If NARA disapproves the loan, the Archivist will notify the agency in writing and provide instructions for the disposition of the records. [57 FR 22432, May 28, 1992; 57 FR 24308, June 8, 1992] An agency shall contact the recipient of the loan of permanent or unscheduled records 30 days prior to the expiration of the loan period (as stated in the loan agreement) to arrange for the return of the records. If the agency extends the duration of the loan, it shall notify NARA (NWML) in writing, specifying the reason for the extension and providing a new time limit for the loan. [57 FR 22432, May 28, 1992, as amended at 63 FR 35829, July 1, 1998]
Title 36: Parks, Forests, and Public Property
PART 1228—DISPOSITION OF FEDERAL RECORDS
Subpart E—Loan of Permanent and Unscheduled Records
§ 1228.70 Authority.
§ 1228.72 Approval.
§ 1228.74 Agency action.
§ 1228.76 NARA action on request.
§ 1228.78 Retrieval of records.
