[Federal Register Volume 65, Number 44 (Monday, March 6, 2000)]
[Rules and Regulations]
[Pages 11735-11736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5113]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 44 / Monday, March 6, 2000 / Rules 
and Regulations  

[[Page 11735]]



LIBRARY OF CONGRESS

36 CFR Part 701

[Docket No. LOC 00-2]


Acquisition of Library Materials by Non-Purchase Means and 
Disposition of Surplus Library Materials

AGENCY: Library of Congress.

ACTION: Final regulation.

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SUMMARY: The Library of Congress issues this final regulation to 
reflect the revision of Library of Congress Regulations 317-1, 317-2, 
and 515. This revision of the above mentioned regulation clarifies the 
responsibilities and policies by which the Library of Congress conducts 
acquisition of materials by non-purchase means and disposes of surplus 
library materials.

EFFECTIVE DATE: March 6, 2000.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Pugh, General Counsel, 
Office of the General Counsel, Library of Congress, Washington, DC 
20540-1050. Telephone No. (202) 707-6316.

SUPPLEMENTARY INFORMATION: The purpose of this regulation (36 CFR 
701.33) is to identify who at the Library of Congress or outside 
entities (1) may request and/or approve gifts, deposits, exchanges or 
transfers of library materials; (2) may receive surplus library 
materials.

List of Subjects in 36 CFR Part 701

    Libraries, Seals and insignia.

    In consideration of the foregoing the Library of Congress amends 36 
CFR part 701 as follows:

PART 701--PROCEDURES AND SERVICES

    1. The authority citation for part 701 continues to read as 
follows:

    Authority: 2 U.S.C. 136; 18 U.S.C. 1017.

    2. Section 701.33 is revised to read as follows:


Sec. 701.33  Acquisition of library materials by non-purchase means and 
disposition of surplus library materials.

    (a) Gifts. It is the policy of the Library of Congress to foster 
the enrichment of its collections through gifts of materials within the 
terms of the Library's acquisitions policies. In implementing this 
policy, division chiefs and other authorized officers of the Library 
may undertake, as representatives of the Library, preliminary 
negotiations for gifts to the Library. However, responsibility for 
formal acceptance of gifts of material and for approval of conditions 
of such gifts rests with The Librarian of Congress or his designee. The 
Chief, African/Asian Acquisitions and Overseas Operations Division, 
Chief, Anglo-American Acquisitions Division, and Chief, European and 
Latin American Acquisitions Division are responsible for routine gifts 
in the geographic areas covered by their divisions.
    (b) Deposits. (1) The Anglo-American Acquisitions Division is the 
only division in the Library authorized to make technical arrangements, 
formally negotiate for the transportation of materials and conditions 
of use at the Library, and prepare written Agreements of Deposit to 
formalize these negotiations. The term ``deposit'' is used to mean 
materials which are placed in the custody of the Library for general 
use on its premises, but which remain the property of their owners 
during the time of deposit and until such time as title in them may 
pass to the Library of Congress. A deposit becomes the permanent 
property of the Library when title to it is conveyed by gift or 
bequest. A deposit may be withdrawn by the owner rather than conveyed 
to the Library. A deposit shall be accompanied by a signed Agreement of 
Deposit.
    (2) It is the policy of the Library of Congress to accept certain 
individual items or special collections as deposits when: permanent 
acquisition of such materials cannot be effected immediately; the 
depositors give reasonable assurance of their intention to donate the 
materials deposited to the United States of America for the benefit of 
the Library of Congress; the Library of Congress determines that such 
ultimate transfer of title will enrich its collections; and the 
depositors agree that the materials so deposited may be available for 
unrestricted use or use in the Library under reasonable restrictions.
    (c) Methods of disposition of surplus and/or duplicate materials--
(1) Exchange. All libraries may make selections on an exchange basis 
from the materials available in the ``Exchange/Transfer'' category. The 
policy governing these selections is that exchange be made only when 
materials of approximately equal value are expected to be furnished in 
return within a reasonable period. Dealers also may negotiate exchanges 
of this type for items selected from available exchange materials, but 
surplus copyright deposit copies of works published after 1977 shall 
not knowingly be exchanged with dealers. Offers of exchange submitted 
by libraries shall be submitted to the Chief of the African/Asian 
Acquisitions and Overseas Operations Division, Anglo-American 
Acquisitions Division, or European/Latin American Acquisitions 
Division, or their designees, as appropriate, who shall establish the 
value of the material concerned. Offers from dealers shall be referred 
to the Chief of the Anglo-American Acquisitions Division. Exchange 
offers involving materials valued at $1,000 or more must be approved by 
the Acquisitions Division Chief; offers of $10,000 or more must be 
approved by the Director for Acquisitions and Support Services; and 
offers of $50,000 or more must be approved by the Associate Librarian 
for Library Services. The Library also explicitly reserves the right to 
suspend, for any period of time it deems appropriate, the selection 
privileges of any book dealer who fails to comply fully with any rules 
prescribed for the disposal of library materials under this section or 
any other pertinent regulations or statutes.
    (2) Transfer of materials to Government Agencies. Library materials 
no longer needed by the Library of Congress, including the exchange use 
mentioned above, shall be available for transfer to Federal agency 
libraries or to the District of Columbia Public Library, upon the 
request of appropriate officers of such entities, and may be selected 
from both the ``Exchange/Transfer'' and ``Donation'' categories. 
Existing arrangements for the transfer of materials, such as the 
automatic transfer of certain classes of books, etc., to specified 
Government libraries, shall be

[[Page 11736]]

continued unless modified by the Library.
    (3) Donations of Library materials to educational institutions, 
public bodies, and nonprofit tax-exempt organizations in the United 
States. It is the Library's policy, in keeping with the Federal 
Property and Administrative Services Act of 1949, 40 U.S.C. 471 et 
seq., which does not cover the Library of Congress, to use materials no 
longer needed for any of the purposes mentioned above to strengthen the 
educational resources of the Nation by enriching the book collections 
of educational institutions (full-time, tax-supported or nonprofit 
schools, school systems, colleges, universities, museums, and public 
libraries), public bodies (agencies of local, state, or Federal 
Government), and nonprofit tax-exempt organizations (section 501 of the 
Internal Revenue Code of 1954, 26 U.S.C. 501, (see 41 CFR 101-44.207 
(a)(17)) by authorizing the Anglo-American Acquisitions Division to 
donate to such groups in the United States any materials selected by 
their representatives. Eligibility to participate in the donation 
program shall be limited as defined by procedures established by the 
Anglo-American Acquisitions Division.
    (4) Disposition of residue. Library materials not needed for the 
collections of the Library, for its exchange and transfer programs, for 
sale, or for donation, and which, in the opinion of the Chief, Anglo-
American Acquisitions Division, have no commercial value, may be turned 
over to the General Services Administration (GSA) to be disposed of in 
accordance with standard Government practice.

    Dated: February 25, 2000.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 00-5113 Filed 3-3-00; 8:45 am]
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