36 C.F.R. Subpart H—Transfer of Records from the Custody of One Executive Agency to Another
Title 36 - Parks, Forests, and Public Property
Source: 45 FR 5705, Jan. 24, 1980, unless otherwise noted. Redesignated at 50 FR 15723, Apr. 19, 1985, and further redesignated at 55 FR 27433, July 2, 1990.
The Archivist of the United States will issue regulations governing the transfer of records from the custody of one executive agency to another (44 U.S.C. 2908). No records shall be transferred from the custody of one executive agency to another without the prior written approval of the National Archives and Records Administration except as provided in §1228.136. The head of any executive agency may request the transfer of records to or from his or her agency. Approval shall be requested by letter addressed to the NARA (NWML), in which are included: (a) A concise description of the records to be transferred, including the volume in cubic feet; (b) A statement of the restrictions imposed on the use of records; (c) A statement of the agencies and persons using the records and the purpose of this use; (d) A statement of the current and proposed physical and organizational locations of the records; and (e) A justification for the transfer including an explanation of why it is in the best interests of the Government. [45 FR 5705, Jan. 24, 1980. Redesignated at 50 FR 15723, Apr. 19, 1985, and amended at 50 FR 26934, June 28, 1985. Redesignated and amended at 55 FR 27434, July 2, 1990; 63 FR 35829, July 1, 1998] Copies of the concurrence or nonconcurrence in the transfer by the heads of any agencies concerned shall be attached to the agency request. Transfers of records of executive agencies whose functions are terminated or are in process of liquidation are expressly subject to this part 1228 and no such transfers shall be made except in accordance with its provisions. Records storage equipment shall be transferred with the records contained therein in accordance with arrangements previously agreed to by the agencies concerned. Approved transfers shall be made without reimbursement to the agency of original custody for any cost involved, except when this reimbursement is previously agreed to by the agencies concerned. Whenever any records that are transferred are subject to restrictions upon their use imposed under a statute, Executive order, or agency determination, these restrictions shall continue in effect after the transfer. Restrictions imposed by agency determination may be removed by agreement between the agencies concerned. Prior written approval of NARA is not required when: (a) Records are transferred to Federal records centers or the National Archives in accordance with subparts I and J. (b) Records are loaned for official use. (c) The transfer of records or functions or both is required by statute, Executive Order, Presidential reorganization plan, or Treaty, or by specific determinations made thereunder. (d) The records are transferred between two components of the same Executive department. (e) Records accessioned by the National Archives, later found to lack sufficient value for continued retention by the National Archives are governed exclusively for further disposition in accordance with §1228.200. [55 FR 27434, July 2, 1990]
Title 36: Parks, Forests, and Public Property
PART 1228—DISPOSITION OF FEDERAL RECORDS
Subpart H—Transfer of Records from the Custody of One Executive Agency to Another
§ 1228.120 Authority.
§ 1228.122 Approval.
§ 1228.124 Agency request.
§ 1228.126 Agency concurrences.
§ 1228.128 Records of terminated agencies.
§ 1228.130 Equipment.
§ 1228.132 Costs of transfers.
§ 1228.134 Restrictions on use of records.
§ 1228.136 Exceptions.
