36 CFR § 1235.14 - May agencies retain records for the conduct of regular agency business after they are eligible for transfer?

---
identifier: "/us/cfr/t36/s1235.14"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 1235.14 - May agencies retain records for the conduct of regular agency business after they are eligible for transfer?"
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "1235.14"
section_name: "May agencies retain records for the conduct of regular agency business after they are eligible for transfer?"
chapter_name: "NATIONAL ARCHIVES AND RECORDS ADMINISTRATION"
subchapter_number: "B"
subchapter_name: "RECORDS MANAGEMENT"
part_number: "1235"
part_name: "TRANSFER OF RECORDS TO THE NATIONAL ARCHIVES OF THE UNITED STATES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "44 U.S.C. 2107 and 2108."
regulatory_source: "74 FR 51014, Oct. 2, 2009, unless otherwise noted."
cfr_part: "1235"
---


# 1235.14 May agencies retain records for the conduct of regular agency business after they are eligible for transfer?

(a) Agencies may retain records longer than specified on a records disposition schedule only with written approval from NARA.

(b) If the agency determines that the records are needed for the conduct of regular business, the records officer must submit a request certifying continuing need 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 *[email protected].* This certification must:

(1) Include a comprehensive description and location of records to be retained;

(2) Cite the NARA-approved disposition authority;

(3) Describe the current business for which the records are required;

(4) Estimate the length of time the records will be needed (if no date is provided by the agency, approved certification requests will be effective for a maximum of five years);

(5) Explain why agency needs cannot be met by NARA reference services or copies of records deposited in the National Archives of the United States; and

(6) If records are retained to enable routine public reference by the agency rather than NARA, cite the statutory authority authorizing this agency activity.

[74 FR 51014, Oct. 2, 2009, as amended at 83 FR 13656, Mar. 30, 2018]