36 CFR § 1235.16 - How will NARA respond to an agency's request to retain records?

---
identifier: "/us/cfr/t36/s1235.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 1235.16 - How will NARA respond to an agency's request to retain records?"
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "1235.16"
section_name: "How will NARA respond to an agency's request to retain records?"
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"
---


# 1235.16 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.