---
kind: "section"
citation: "36 C.F.R. § 1235.16"
title: "36"
number: "1235.16"
heading: "How will NARA respond to an agency's request to retain records?"
url: "https://uscodex.org/cfr/36/1235.16"
---

# §1235.16. How will NARA respond to an agency's request to retain records?

- (a) **Approval.** NARA will provide written approval of the request to retain the records for the specified period within 30 days of receipt of the request.
- (b) **Disapproval.** NARA will provide written disapproval of an agency's request within 30 days. Requests will be denied if the agency is retaining the records primarily to:
  - (1) Provide access services to persons outside the agency that can be provided by NARA, or
  - (2) **Function as an agency archives, unless specifically authorized by statute or by NARA.**

## Notes

### Authority

Authority: 44 U.S.C. 2107 and 2108.

### Source

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