[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Rules and Regulations]
[Pages 60862-60868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26310]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1258

RIN 3095-AA87


NARA Reproduction Fee Schedule

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NARA is revising its schedule of fees for reproduction of 
records and other materials in the custody of the Archivist of the 
United States. This rule covers reproduction of Federal records created 
by other agencies that are in the National Archives of the United 
States, donated historical materials, Presidential records, Nixon 
Presidential historical materials, certain Federal agency records in 
NARA Federal records centers, and records filed with the Office of the 
Federal Register. The fees are being changed to reflect current costs 
of providing the reproductions. This rule will affect members of the 
public and Federal agencies who order reproductions from NARA.

EFFECTIVE DATE: November 13, 2000.

FOR FURTHER INFORMATION CONTACT: Nancy Allard on (301)713-7360, ext. 
226.

SUPPLEMENTARY INFORMATION: The proposed rule was published in the April 
25, 2000, Federal Register (65 FR 24164) for a 60-day public comment 
period. NARA announced the availability of the proposed rule widely and 
posted notices in its research rooms nationwide. A copy of the proposed 
rule was also posted on the NARA web site for review.

Overview

    NARA received over 285 timely comments by mail, fax, and email to 
the Comments, Inquire, and OIG Hotline mailboxes. We considered 
multiple comments from a single respondent (e.g., to more than one NARA 
email address or to provide additional examples of concerns with 
specific copiers) as a single timely comment. We also received a number 
of Congressional inquiries on behalf of constituents and have 
considered those inquiries also.
    Most of the comments were from individuals, a number of whom 
identified themselves as genealogists. We received comments from 9 
genealogical organizations, ranging in scope from a local genealogy 
club in California and a subordinate Grange unit in Wisconsin to the 
Ohio Society of the War of 1812 to the joint Federation of Genealogical 
Societies/National Genealogy Society Records Preservation and Access 
Committee. We received comments from several individuals who identified 
themselves as professional/academic historians.
    In response to the comments, we have modified the fees and process 
for ordering pension files and clarified the effective date of the 
final rule. In addition, we have removed the fee for diazo microfiche 
reproductions (Sec. 1258.12(d) in the proposed rule). There is no 
longer a need to include this item in the fee schedule because we have 
completed conversion of all of the microfiche previously covered by the 
fee schedule to products sold through NARA's microform publication 
program. The fee for published microfiche, unchanged since 1996, is 
$4.25 per fiche. All other provisions in the proposed Part 1258, 
including the fees for other products specified in Sec. 1258.12, are 
unchanged in this final rule. Following is a discussion of the major 
issues addressed in the comments.

Magnitude of Increases for Fixed Fee Orders

    Comments: A large number of respondents commented that the fee 
increases for fixed fee (NATF 80 series) orders would put them beyond 
their reach and asked NARA to reconsider the proposal. A recurring 
theme throughout these comments was that many genealogists are retired 
and on fixed incomes. A number of respondents voiced suspicion that 
NARA was intentionally discouraging requests to reduce its workload. 
Still others questioned why NARA was raising prices when the Federal 
Government was reporting a budget surplus. The Records Preservation and 
Access Committee, which sought input from the genealogical community 
before developing their position, reported that that the comments to 
the Committee were ``overwhelmingly negative'' and that the $40 fee for 
pension files was ``almost universally condemned.'' The Committee's 
experience also reflects the comments NARA received directly.
    Only a handful of respondents supported the proposed fixed fee 
order changes. The Records Preservation and Access Committee and one 
individual reluctantly supported the revised fees because they are 
based on actual costs. Several other individuals stated their full 
support for the fees. Four respondents in addition to the Records 
Preservation and Access Committee said that they could ``live with'' 
the proposed $17-$17.75 fee for non-pension file fixed fee orders.
    NARA response: The current fees for fixed fee orders were last 
changed in 1991. Since that time, there have been increases in 
salaries, equipment costs, and postage, as well as changes in how the 
orders are handled that account for the additional costs. The order 
fulfillment system, required as part of a mandatory upgrade to our 
Trust Fund accounting system to meet Government financial accounting 
requirements and to make the system Y2K compliant, and use of a 
contractor to copy the records are major differences in how orders are 
handled.
    We regret the need to increase fees for providing copies of NARA 
records using the fixed fee order forms and we recognize that the 
amount of the increase may cause a hardship for some of our customers. 
A major component of NARA's mission is to provide continuing access to 
our archival holdings, and we do not want to diminish access provided 
through reproduction of the records. To provide such access requires 
resources. As we explained in the preamble to the proposed rule, NARA 
does not receive appropriations to provide copies of our holdings for 
the public. The cost of searching for files that are not found and 
providing negative responses, however, is funded by appropriations. 
Customers who receive copies are not also absorbing the cost for 
negative searches

[[Page 60863]]

and customers who receive negative responses are not charged for NARA's 
effort.
    NARA fees for reproduction of records in 36 CFR Part 1258, 
including these fixed fee orders, are set under the Archivist's 
authority in 44 U.S.C. 2116(c). That statute requires that, to the 
extent possible, NARA recover the actual cost of making copies of 
records and other materials transferred to the custody of the Archivist 
of the United States. The actual cost of making copies of records in 
response to pension fixed-fee orders includes materials and equipment, 
order handling, shipping, and the labor costs associated with making 
the reproduction. A brief description of these cost elements for a copy 
of a full pension file follows.

------------------------------------------------------------------------
              Cost element                         Description
------------------------------------------------------------------------
Materials ($0.08 per page copied from    --Paper.
 microfilm; $0.02 per page copied from   --Toner (microfilm reader-
 paper).                                  printer; included in rental
                                          costs copied for fixed-fee
                                          paper-to-paper copiers).
Equipment ($0.027 per page copied from   --Equipment rental or
 microfilm; $0.025 per page copied from   depreciation (over 5 years).
 paper).                                 --Service maintenance agreement/
                                          repairs.
Order handling costs ($5.00 per pension  --Proportional share of the
 file order).                             cost of the system to track
                                          orders from receipt through
                                          payment to shipping and close
                                          out.
                                         --Costs associated with
                                          receiving and handling
                                          payments.
                                         --Proportional share of the
                                          Trust Fund overhead costs to
                                          manage the National Archives
                                          Trust Fund (e.g., policy,
                                          oversight, procurement
                                          functions).
Shipping ($3.15 per full pension file    --Postage for bill notice and
 order).                                  mailing reproductions.
                                         --Envelopes for mailing.
Labor cost--NARA staff ($1.91 per        --Batch incoming requests for
 pension file order).                     processing (we receive
                                          approximately 1,000 pension
                                          requests per week).
                                         --Search and pull paper records
                                          from their boxes; for pension
                                          files, there is an additional
                                          step of searching the pension
                                          index).
                                         --Take paper records to the on-
                                          site contractor for
                                          reproduction.
                                         --Reshelve paper records after
                                          copying.
                                         --Supervisory oversight of the
                                          above processes.
Labor costs--contractor ($24.00 per      --Enter orders into the
 full pension file order).                workflow system.
                                         --Making copies of paper files.
                                         --For records Revolutionary War
                                          pension records (which are on
                                          microfiche):
                                         (1) Locating and mounting the
                                          correct microfiche on the
                                          reader printer,
                                         (2) Locating the correct
                                          frame(s) on the fiche, making
                                          the copies, and removing the
                                          microfiche from the carrier,
                                          and
                                         (3) Returning the microfiche to
                                          the storage cabinet.
                                         --For all orders, packaging the
                                          orders for mailing.
------------------------------------------------------------------------

Pension Files: Size of Files

    Comments: We received a number of comments questioning our 
statement that the average pension file is approximately 105 pages. 
While some of the respondents may have confused selected pension files 
or military service files which they had received with full pension 
files, many researchers who had ordered a number of complete pension 
files reported their experience that the file size was generally 40-50 
pages or less. The Sons of Union Veterans of the Civil War stated that 
none of their members had received a pension file close to 102 pages.
    NARA response: Because of the number of comments on the size of 
files and the level of concern that a requester would be charged $40 
for 20 or fewer pages, NARA conducted a new 2-week sample of all NATF 
80 pension and bounty land warrant orders copied by the on-site 
contractor between June 16 and June 29, 2000. The 2-week sample 
contained 1,338 files, and all pages in each file were counted 
regardless of whether the order was for the selected file or remaining 
documents. Each side that had writing on it was counted. If the back 
was blank, it was not counted. For this sample, we collected additional 
information on the period of service for which the pension was sought 
to allow us to analyze the orders in greater depth.
    Our analysis showed that the size of the pension file was affected 
by the service time period. The Civil War and post-Civil War period had 
the largest number of orders and the greatest variation in size of the 
file. Eighty-seven percent of the orders in the sample were for Civil 
War or post-Civil War pensions; the size of these files ranged from a 
low of 5 pages to 546 pages. Five percent of the files from the Civil 
War/post-Civil War period (60 files) had more than 200 pages. In 
contrast, pre-Civil War pension files accounted for only 2 percent of 
the total orders in the sample period (25 files) and ranged from 4 
pages to 111 pages. Eleven percent of the orders in the sample were for 
Revolutionary War records, which are the only pension files serviced on 
microfilm. The size of these files ranged from a low of 5 pages to a 
maximum of 184 pages.
    Because the new sample is larger and more current than the sample 
on which the proposed $40 fee for complete pension files was based, we 
have used the new sample as the basis for the revisions to the fees for 
pension file orders discussed later in this SUPPLEMENTARY INFORMATION. 
We have calculated the revised fees based on a weighted composite order 
that includes records from all three eras. The weighting omits the 
highest and lowest 10 percent of the orders in the samples to reduce 
the distortion in pricing that their inclusion would cause. For paper 
records (89 percent of the total files), we used an order size of 66 
pages. For microfilm records (11 percent of the total files), we used 
an order size of 26 pages.

Pension Files: All Pages in the File

    Comments: A relatively small number of respondents strongly 
endorsed the proposal to copy all pages in a pension file, and several 
respondents expressed surprise that more people did not realize they 
were not receiving the entire file. The proposed fee for the full file 
orders may have been the reason

[[Page 60864]]

more researchers did not support the proposal, but 13 respondents 
provided other specific reasons why a partial file at a lower fee is 
desirable. Several comments stated that a full file is only useful if 
it is for the right person. These respondents noted that it is not 
always possible to be sure of the identification of the veteran when 
placing the order. Another reason raised in five comments was that the 
researcher might be seeking only basic information. One respondent had 
ordered 43 files in the past and only needed the full pension file 3 or 
4 times. A professional genealogist, who endorsed offering full files, 
also noted that many people use the pension file only as a 
supplementary source for information on the veteran and his family. 
Several respondents expressed their views that the full pension file 
contains duplicative or unimportant materials.
    Eighteen respondents recommended that NARA offer an option for full 
or partial pension files. Some of these respondents suggested a variety 
of alternatives including charging more for expedited service, raising 
fees only for customers who are not veterans, charging a flat fee for a 
set number of pages plus an additional charge per page or increment of 
10 pages, and establishing a multi-tiered fee structure based on 
whether records are available on microfilm through other sources such 
as the Family History Centers or if NARA is the only source.
    NARA response: We considered the alternative pricing structures 
suggested in the comments before deciding on the approach to take. It 
is not feasible to retain the current $10 fee for any pension file 
order due to the cost increases described earlier in the SUPPLEMENTARY 
INFORMATION.
    We are aware that copies of vital records (birth, death, and 
marriage records) are available on an expedited basis from some states 
for an extra fee. We currently allow expedited service only for still 
pictures and motion picture and video recordings among the holdings of 
a Presidential library and only if staff is available to handle the 
order or the NARA contractor making the reproduction can provide the 
service. Given that the standard fee cannot stay at $10 as the 
respondent assumed, we do not believe that there would be sufficient 
demand for expedited handling of fixed fee orders to warrant setting up 
special handling procedures to accommodate it.
    We also find no basis for charging veterans less than other 
citizens for the reproduction of pension files that are not related to 
their own service. Department of Defense regulations govern furnishing 
copies of military service records at the National Personnel Records 
Center to veterans and their immediate family members because those 
records are still in the legal custody of the Department. The pension 
files ordered through the NATF Form 85 are in NARA legal custody in the 
National Archives of the United States.
    We carefully evaluated the proposals for charging a flat search/
order handling fee plus a copying fee per page or per increment of 
pages. These proposals would add to the staff handling costs. The 
pricing information on the number of pages or increments would have to 
be entered in the order processing/fulfillment system for each order; 
the staff would have to count the number of pages and send a price 
quote to the customer; and, when a response is received, retrieve the 
file again for copying. The proposals would also increase the overall 
response time.

Fixed Fee Orders: Alternatives for Reducing Costs

    Comments: Some respondents suggested ways that NARA might reduce 
its costs to provide copies of military service and pension files. A 
number of respondents suggested that NARA put key genealogical records 
on the Internet. One respondent suggested that NARA donate digital 
copies to RootsWeb where the public could download copies. While one 
respondent acknowledged that it would be costly for NARA to digitize 
the records, most respondents did not address the cost to scan the 
records or maintain them on the NARA web site. Several encouraged NARA 
to use volunteers to assist in the process or to assist with scanning 
or microfilming the records. One person recommended that people rent 
the Revolutionary War microfilm from a Family History Center and make 
their own copies. Three respondents urged NARA to have the Church of 
Jesus Christ of Latter Day Saints microfilm or digitize the records and 
make the records available through their Family History Centers. 
Another three respondents suggested privatizing the service. One person 
suggested charging a $5 research fee for all searches instead of 
raising the reproduction fee.
    NARA response: The suggestions relating to microfilming or scanning 
the records are not solutions that can be implemented quickly to avoid 
raising the fees for copies of military service and pension files. We 
have worked with both volunteers and private sector partners on other 
microfilming and digitizing projects, and plan to continue this effort. 
Nevertheless, scanning or microfilming the records is a very labor-
intensive, long-term effort, even if volunteers or private-sector 
partners were to do part or all of the work. The records that NARA 
reproduces in response to researcher requests are different for each 
requester. NARA has 288 million pages of military pension files that 
currently exist only in paper and we would need significant resources 
to convert these holdings to electronic form.
    In response to the suggestion that individuals rent the 
Revolutionary War microfilm and make their own copies, we note that 
NARA microfilm publications containing records of genealogical 
interest, including many military service records as well as 
Revolutionary War pension records, are widely available. NARA regional 
records facilities and many large libraries and genealogical societies 
have all or some of the microfilm sets. In addition, rolls of microfilm 
are available to libraries and individuals through NARA's Microfilm 
Rental Program (see http://www.nara.gov/publications/microfilm/micrent.html).
    The other suggestions would not allow NARA to maintain the $10 fee. 
NARA is very fortunate to have a large corps of volunteers who provide 
valuable services to help us carry out our mission nationwide. We could 
use volunteers to assist with aspects of the fixed-fee order process at 
the National Archives Building in Washington, DC, but it is not 
possible to find enough volunteers to replace NARA staff and 
contractors to lower the costs to $10 per order. As noted earlier in 
this preamble, we do use a contractor in providing the service but 
privatizing the service would not reduce the cost. It is not 
appropriate to charge $5 for each negative research request in order to 
offset the cost of positive responses. As we stated previously, we do 
not charge a fee when no file is found.

Fixed Fee Orders: Revised Pension File Prices

    After evaluating all of the comments on the pension file proposal, 
we have decided to offer researchers a choice between reproduction of 
the complete pension file and a pension documents packet of up to 10 
pages. Providing the choice of the two reproduction packages will allow 
NARA to measure the relative demand for each reproduction package. We 
still believe that providing the complete pension file is the most 
appropriate way to provide access to these records when researchers are 
unable to view the records on microfilm or in person, but we need to 
further evaluate how we can best provide this

[[Page 60865]]

service. In a future proposed rule we will seek public comment on 
alternative pricing structures.
    For now, we are willing to continue to provide an option for 
researchers to obtain certain limited information that is contained in 
most pension files if they do not wish to order a complete file or 
cannot afford the full file. The pension documents package will not 
contain the same range of documents previously provided in the $10 fee. 
It will contain, to the extent that these documents are present in the 
file, eight documents that contain genealogical information about the 
pension applicant. Not all of these documents will be found in every 
file. The package will include any of the following items that are in 
the file:

1. Declaration of pension
2. Declaration of widow's pension
3. Adjutant General statements of service
4. Questionnaires completed by applicants (numbered forms)
5. ``Pension Dropped'' cards
6. Marriage certificates
7. Death certificates
8. Discharge certificate

    We will not provide a count of the remaining pages; if a researcher 
wishes to obtain a full pension file after reviewing the selected 
package, he or she will need to order the complete file. If the entire 
pension file is no more than the 10 pages, we will mark the order 
``Complete file provided.'' Based on our sample, this should occur in 
no more than 2 percent of the orders. So that customers are not misled 
that the selected documents constitute the entire file, we will include 
with the copies an explanation that the entire file contains more 
information.
    The fee for a complete pension file under the new fee schedule is 
$37.00. The fee for the selected documents packet is $14.75. The new 
NATF Form 85 will be used to order either a complete pension file or a 
selected pension documents packet or a bounty land warrant file. As we 
stated in the proposed rule, the bounty land warrant file should be 
ordered only when there is no pension file.
    Researchers who review military service files and pension files in 
person at the National Archives Building will continue to be able to 
copy whatever selected pages they want from the file at a self-service 
copier.

Pricing Structure for Other Fixed Fee Orders

    We specifically invited public comment on our planned pricing 
structure for separate fees for each of the different types of fixed 
fee orders versus a blended fee that applied to all fixed fee orders 
except pension files. We received only one comment on this issue, which 
supported the blended fee. Because customers did not express a strong 
preference, we have decided to retain the separate fees for each type 
of fixed fee order.

Self-Service Copying: Cost of Copies

    Comments: Several respondents commented directly on the proposed 
nickel increase in the fee for self-service copying. A number of 
respondents compared the cost of NARA's self-service copies to lower 
prices available at local copy centers or libraries.
    NARA response: Comparing the fees for NARA's nationwide self-
service copying program with those charged by a commercial copy center 
is misleading. The fees for self-service copying of archival records 
include more than just the cost of the paper, toner, and copier 
equipment. In addition to these two components, NARA costs that must be 
recovered include staff oversight of self-service copying and Trust 
Fund overhead/cashier costs.
    NARA self-service copiers use primarily legal or ledger size paper 
at a cost of approximately 2 cents per page for paper and toner. These 
costs reflect the quantity discounts that we are able to obtain based 
on our volume. Our equipment costs average almost 4 cents per page for 
paper-to-paper copiers and almost 19 cents per page for microfilm-to-
paper copiers. These higher equipment costs result from the variation 
in volume from facility to facility and our commitment to provide self-
service copying in all of our facilities. Although very high-volume 
self-service copiers in the Washington, DC, area, account for 79.6 
percent of the 4.9 million self-service electrostatic copies made, our 
10 Presidential libraries and 13 regional archives each have at least 
one paper-to-paper copier available. All regional archives and several 
libraries have at least one microfilm reader-printer. The costs of 
copier equipment in all of these field facilities must be shared across 
fewer copies per facility. (The self-service copier costs discussed 
here reflect costs for 64 paper-to-paper copiers and 46 microfilm 
reader-printers used in self-service operations nationwide. The 
materials and equipment costs cited earlier for fixed-fee pension 
orders are for the specific copiers used in the fixed-fee operation.)
    NARA is one of the few archives in the world that permits large-
scale self-service copying. We are able to offer this service because 
of the staff oversight of the copying operation. Before a researcher is 
allowed to copy paper records, the records must be reviewed by a NARA 
staff member in the research room to ensure that none of the records 
are fragile or otherwise unsuitable for self-service copying, and that 
declassified records are properly marked with the declassification 
information. These staff costs and the staff time spent maintaining the 
equipment and supplies are also recovered through the fees for self-
service copies. In the Washington, DC, area, our Trust Fund cashier 
staff process customer payments and service the debit card dispensers. 
In the field, archival staff handle customer payments. Additionally, a 
proportional share of the Trust Fund overhead, described previously, is 
allocated to self-service copying.

Self-Service Copying: Service Issues

    Comments: Most of the comments on self-service copying addressed 
the poor quality of copies and problems with self-service equipment, 
particularly in the Washington, DC, area. One respondent recommended 
that NARA install self-service oversize copiers at its College Park, MD 
and regional facilities.
    NARA response: We are very aware that the current copiers at the 
Washington area facilities have their drawbacks. Beginning two years 
ago, we installed digital copiers for self-service copying. While these 
have worked very well in enhancing poor quality microfilm, they have 
proved to be too sensitive to variations in poor quality paper 
originals. To address the problems with paper to paper copiers, we are 
in the process of replacing digital copiers in the Washington area with 
more durable analog copiers that are easier to maintain. We are also 
replacing older microfilm reader-printers and the book scanner in FY 
2001. The newer versions of these machines take advantage of the 
simplified process of printing to a digital laser printer, and should 
prove less prone to mechanical breakdowns. We are in the process of 
upgrading the microfilm reader-printers in all of our regional 
archives, replacing the older reader-printers with digital equipment.
    We carefully considered the suggestion to provide an oversize 
copier at the College Park facility and the field facilities, but 
concluded that oversize copiers are not appropriate for self-service 
use. In addition to space and low demand considerations in the regional 
research rooms, our archival reference and preservation staff had 
serious concerns that oversize maps and other large documents can be 
more

[[Page 60866]]

vulnerable to damage during copying. Moreover, these copiers are more 
complicated to use and, if something should break, more difficult to 
repair.

Effective Date

    We received several questions about what fees would apply to orders 
that had been received but not filled by NARA when the new fee schedule 
is effective. We have clarified the effective date in Sec. 1258.16 to 
specify that the new fees will apply to orders that are received on or 
after the effective date of the final rule, and not to work that is in 
process.

Paperwork Reduction Act

    NATF Forms 81 through 86 in this proposed rule have been approved 
by the Office of Management and Budget under the Paperwork Reduction 
Act and bear current approval numbers on the face of the forms.
    This rule is a significant regulatory action for purposes of 
Executive Order 12866 of September 30, 1993, and has been reviewed by 
the Office of Management and Budget. This rule does not have federalism 
implications. As required by the Regulatory Flexibility Act, it is 
hereby certified that this rule will not have a significant impact on a 
substantial number of small entities because the affected public is 
primarily individuals. This rule is not a major rule as defined in 5 
U.S.C. Chapter 8, Congressional Review of Agency Rulemaking.

List of Subjects in 36 CFR Part 1258

    Archives and records.

    For the reasons set forth in the preamble, NARA revises part 1258 
of title 36, Code of Federal Regulations, to read as follows:

PART 1258--FEES

Sec.
1258.1   What is the authority for this part?
1258.2   What does the NARA reproduction fee schedule cover?
1258.4   What reproductions are not covered by the NARA fee 
schedule?
1258.6   When does NARA provide reproductions without charge?
1258.8   Who pays to have a copy negative made?
1258.10   What is NARA's mail order policy?
1258.12   NARA reproduction fee schedule.
1258.14   What is NARA's payment policy?
1258.16   Effective date.

    Authority: 44 U.S.C. 2116(c) and 2307.


Sec. 1258.1  What is the authority for this part?

    (a) 44 U.S.C. 2116(c) authorizes NARA to charge a fee for making or 
authenticating copies or reproductions of materials transferred to the 
Archivist's custody. This fee is to be ``fixed by the Archivist at a 
level which will recover, so far as practicable, all elements of such 
costs and may, in the Archivist's discretion, include increments for 
the estimated replacement costs of equipment.'' The fees collected for 
reproductions are to be paid into and expended as part of the National 
Archives Trust Fund.
    (b) 44 U.S.C. 2307 authorizes the Archivist of the United States, 
as Chairman of the National Archives Trust Fund Board, to sell copies 
of microfilm publications at a price that will cover their cost, plus 
10 percent.


Sec. 1258.2  What does the NARA reproduction fee schedule cover?

    The NARA reproduction fee schedule in Sec. 1258.12 covers 
reproduction of:
    (a) NARA archival records, donated historical materials, 
Presidential records, and Nixon Presidential historical materials 
except as otherwise provided in Secs. 1258.4 and 1258.6. Some 
reproduction services listed in Sec. 1258.12 may not be available at 
all NARA facilities;
    (b) Other Federal records stored in NARA Federal records centers, 
except when NARA and the agency that transferred the records have 
agreed to apply that agency's fee schedule; and
    (c) Records filed with the Office of the Federal Register.


Sec. 1258.4  What reproductions are not covered by the NARA fee 
schedule?

    The following categories are not covered by the NARA fee schedule 
in Sec. 1258.12.
    (a) Still photography, including aerial film, and oversize maps and 
drawings. Information on the availability and prices of reproductions 
of records held in the Special Media Archives Services Division (NWCS), 
8601 Adelphi Rd., College Park, MD 20740-6001, and in the Presidential 
libraries and regional archives (see 36 CFR 1253.3 and 36 CFR 1253.7 
for addresses) may be obtained from the unit which has the original 
records.
    (b) Motion picture, sound recording, and video holdings of the 
National Archives and Presidential libraries. Information on the 
availability of and prices for reproduction of these materials are 
available from the Special Media Archives Services Division (NWCS), 
8601 Adelphi Rd., Room 3340, College Park, MD 20740-6001, or from the 
Presidential library which has such materials (see 36 CFR 1253.3 for 
addresses).
    (c) Electronic records. Information on the availability of and 
prices for duplication are available from the Electronic and Special 
Media Records Services Division (NWME), 8601 Adelphi Rd., Room 5320, 
College Park, MD 20740-6001, or from the Presidential library which has 
such materials (see 36 CFR 1253.3 for addresses).
    (d) Reproduction of the following types of records using the 
specified order form:

------------------------------------------------------------------------
              Type of record and order form                    Price
------------------------------------------------------------------------
(1) Passenger arrival lists (order form NATF Form 81)...          $17.25
------------------------------------------------------------------------
(2) Federal Census requests (order form NATF Form 82)...           17.50
------------------------------------------------------------------------
(3) Eastern Cherokee applications to the Court of Claims           17.50
 (order form NATF Form 83)..............................
------------------------------------------------------------------------
(4) Land entry records (order form NATF 84).............           17.75
------------------------------------------------------------------------
(5) Bounty land warrant application files (order form              17.25
 NATF Form 85)..........................................
------------------------------------------------------------------------
(6) Pension files more than 75 years old (order form               37.00
 NATF Form 85)--complete file...........................
------------------------------------------------------------------------
(7) Pension documents packet (order form NATF Form 85)..           14.75
------------------------------------------------------------------------
(8) Military service files more than 75 years old (order           17.00
 form NATF Form 86).....................................
------------------------------------------------------------------------


[[Page 60867]]

    (e) National Archives Trust Fund Board publications, including 
microfilm publications. Prices are available from the Customer Service 
Center (NWCC2), 8601 Adelphi Rd., Room 1000, College Park, MD 20740-
6001.
    (f) Reproductions of NARA operational records made in response to 
FOIA requests under part 1250 of this chapter.
    (g) Orders for expedited service (``rush'' orders) for reproduction 
of still pictures and motion picture and video recordings among the 
holdings of a Presidential library. Orders may be accepted on an 
expedited basis by the library when the library determines that 
sufficient personnel are available to handle such orders or that the 
NARA contractor making the reproduction can provide the service. Rush 
orders are subject to a surcharge to cover the additional cost of 
providing expedited service.
    (h) Orders requiring additional expense to meet unusual customer 
specifications such as the use of special techniques to make a 
photographic copy more legible than the original document, or unusual 
format or background requirement for negative microfilm. Fees for these 
orders are computed for each order.


Sec. 1258.6  When does NARA provide reproductions without charge?

    NARA does not charge a fee for reproduction or certification in the 
instances described in this section, if the reproduction is not a color 
reproduction. Color reproductions are furnished to the public and the 
Government only on a fee basis.
    (a) When NARA furnishes copies of documents to other elements of 
the Federal Government. However, a fee may be charged if the 
appropriate director determines that the service cannot be performed 
without reimbursement;
    (b) When NARA wishes to disseminate information about its 
activities to the general public through press, radio, television, and 
newsreel representatives;
    (c) When the reproduction is to furnish the donor of a document or 
other gift with a copy of the original;
    (d) When the reproduction is for individuals or associations having 
official voluntary or cooperative relations with NARA in its work;
    (e) When the reproduction is for a foreign, State, or local 
government or an international agency and furnishing it without charge 
is an appropriate courtesy;
    (f) For records of other Federal agencies in NARA Federal records 
centers only:
    (1) When furnishing the service free conforms to generally 
established business custom, such as furnishing personal reference data 
to prospective employers of former Government employees;
    (2) When the reproduction of not more than one copy of the document 
is required to obtain from the Government financial benefits to which 
the requesting person may be entitled (e.g., veterans or their 
dependents, employees with workmen's compensation claims, or persons 
insured by the Government);
    (3) When the reproduction of not more than one copy of a hearing or 
other formal proceeding involving security requirements for Federal 
employment is requested by a person directly concerned in the hearing 
or proceeding; and
    (4) When the reproduction of not more than one copy of a document 
is for a person who has been required to furnish a personal document to 
the Government (e.g., a birth certificate required to be given to an 
agency where the original cannot be returned to the individual).


Sec. 1258.8  Who pays to have a copy negative made?

    Requests for photographs of materials for which no copy negative is 
on file are handled as follows:
    (a) The customer is charged to make the copy negative, except in 
cases where NARA wishes to retain the negative for its own use.
    (b) When no fee is charged the negative becomes the property of 
NARA. When a fee is charged the negative becomes the property of the 
customer.


Sec. 1258.10  What is NARA's mail order policy?

    (a) There is a minimum fee of $10.00 per order for reproductions 
that are sent by mail to the customer.
    (b) Orders to addresses in the United States are sent either first 
class or UPS depending on the weight of the order and availability of 
UPS service. When a customer requests special mailing services (such as 
Express Mail or registered mail) and/or shipment to a foreign address, 
the cost of the special service and/or additional postage for foreign 
mail is added to the cost of the reproductions.


Sec. 1258.12  NARA reproduction fee schedule.

    (a) Certification: $6.
    (b) Electrostatic copying (in order to preserve certain records 
which are in poor physical condition, NARA may restrict customers to 
photographic or microfilm copies instead of electrostatic copies):

------------------------------------------------------------------------
                         Service                                Fee
------------------------------------------------------------------------
(1) Paper-to-paper copies (up to and including 11 in. by        \1\$0.15
 17 in.) made by the customer on a NARA self-service
 copier.................................................
------------------------------------------------------------------------
(2) Paper-to-paper copies (up to and including 11 in. by         \1\0.50
 17 in.) made by NARA staff.............................
------------------------------------------------------------------------
(3) Oversized electrostatic copies......................         \2\2.70
------------------------------------------------------------------------
(4) Electrostatic copies (22 in. by 34 in.).............         \1\2.70
------------------------------------------------------------------------
(5) Microfilm or microfiche to paper copies made by the          \1\0.30
 customer on a NARA self-service copier.................
------------------------------------------------------------------------
(6) Microfilm or microfiche to paper copies made by NARA         \1\1.90
 staff..................................................
------------------------------------------------------------------------
------------------------------------------------------------------------
\1\ Per copy.
\2\ Per linear foot.

    (c) Original negative microfilm (paper-to-microfilm): $0.70 per 
image.
    (d) Self-service video copying in the Motion Picture, Sound and 
Video Research Room:

[[Page 60868]]



------------------------------------------------------------------------
                         Service                                Fee
------------------------------------------------------------------------
(1) Initial 90-min use of video copying station with 120-          $9.75
 minute videocassette...................................
------------------------------------------------------------------------
(2) Additional 90-minute use of video copying station               6.25
 with no videocassette..................................
------------------------------------------------------------------------
(3) Blank 120-minute VHS videocassette..................            3.50
------------------------------------------------------------------------

    (e) Self-service Polaroid prints: $5.75 per print.
    (f) Unlisted processes: For reproductions not covered by this fee 
schedule, see also Sec. 1258.4. Fees for other reproduction processes 
are computed upon request.


Sec. 1258.14  What is NARA's payment policy?

    (a) Form of payment. Fees may be paid in cash, by check or money 
order made payable to the National Archives Trust Fund, or by selected 
credit cards. Payments from outside the United States must be made by 
international money order payable in U.S. dollars or a check drawn on a 
U.S. bank.
    (b) Timing. Fees must be paid in advance except when the 
appropriate director approves a request for handling them on an account 
receivable basis. Purchasers with special billing requirements must 
state them when placing orders and must complete any special forms for 
NARA approval in advance.


Sec. 1258.16  Effective date.

    The fees in this part are effective on November 13, 2000. If your 
order was received by NARA before this effective date, we will charge 
the fees in effect at the time the order was received.

    Dated: August 23, 2000.
John W. Carlin,
Archivist of the United States.
[FR Doc. 00-26310 Filed 10-12-00; 8:45 am]
BILLING CODE 7515-01-P