---
kind: "section"
citation: "36 C.F.R. § 1226.26"
title: "36"
number: "1226.26"
heading: "How do agencies donate temporary records?"
url: "https://uscodex.org/cfr/36/1226.26"
---

# §1226.26. How do agencies donate temporary records?

- (a) Agencies must obtain written approval from NARA before donating records eligible for disposal to an appropriate person, organization, institution, corporation, or government (including a foreign government) that has requested them. Records that are not eligible for disposal cannot be donated.
- (b) Agencies request the approval of such a donation by sending a letter to NARA, by mail at National Archives and Records Administration; Office of the Chief Records Officer (AC); 8601 Adelphi Road; College Park, MD 20740-6001, or by email at RM.Communications@nara.gov. The request must include:
  - (1) The name of the department or agency, and relevant subdivisions, having custody of the records;
  - (2) The name and address of the proposed recipient of the records;
  - (3) **A list containing—**
    - (i) Description of the records to be transferred,
    - (ii) The inclusive dates of the records,
    - (iii) The SF 115 or GRS and item numbers that authorize destruction of the records;
  - (4) **A statement providing evidence—**
    - (i) That the proposed donation is in the best interests of the Government,
    - (ii) That the proposed recipient agrees not to sell the records as records or documents, and
    - (iii) That the donation will be made without cost to the U.S. Government;
  - (5) **A certification that—**
    - (i) The records contain no information the disclosure of which is prohibited by law or contrary to the public interest, and/or
    - (ii) The records proposed for transfer to a person or commercial business are directly pertinent to the custody or operations of properties acquired from the Government, and/or
    - (iii) **A foreign government desiring the records has an official interest in them.**
- (c) NARA will determine whether the donation is in the public interest and notify the requesting agency of its decision in writing. If NARA determines such a proposed donation is contrary to the public interest, the agency must destroy the records in accordance with the appropriate disposition authority.

## Notes

### Amendments

[74 FR 51014, Oct. 2, 2009, as amended at 83 FR 13653, Mar. 30, 2018]

### Authority

Authority: 44 U.S.C. 2111, 2904, 3102, and 3301.

### Source

Source: 74 FR 51014, Oct. 2, 2009, unless otherwise noted.

### Amendments

[74 FR 51014, Oct. 2, 2009, as amended at 83 FR 13653, Mar. 30, 2018]