id_6209.11-2015-2 Page 1 of 12 FOREST SERVICE HANDBOOK NATIONAL HEADQUARTERS (WO) WASHINGTON, DC FSH 6209.11 - RECORDS MANAGEMENT HANDBOOK CHAPTER 30 – RECORDS DISPOSITION Interim Directive No.: 6209.11-2015-2 Effective Date: November 5, 2015 Duration: This interim directive expires on May 5, 2017. Approved: ROBERT VELASCO, II Associate Deputy Chief Date Approved: 11/02/2015 Posting Instructions: Interim directives are numbered consecutively by handbook number and calendar year. Post by document at the end of the chapter. Retain this transmittal as the first page(s) of this document. The last interim directive was 6209.11-2015-1 to chapter 40. New Document id_6209.11-2015-2 12 Pages Superseded Document(s) (Interim Directive Number and Effective Date) id_6209.11-2014-2, 05/19/2014 12 Pages Digest: This interim directive (ID) reissues without change, the direction previously issued in id_6209.11-2014-2. 37 - Revises policy on processing destruction notices for records stored at Federal Records Centers. 38 - Revises policy on transferring records from Federal Records Centers and direct Offers of Permanent Records to National Archives. WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 2 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION Table of Contents 30.1 - Authority........................................................................................................................... 3 30.2 - Objectives ......................................................................................................................... 3 30.3 - Policy ................................................................................................................................ 3 30.4 - Responsibility ................................................................................................................... 3 30.5 - Definitions ........................................................................................................................ 3 37 - DISPOSITION OF TEMPORARY RECORDS STORED AT FRC ........................... 5 38 - DISPOSITION OF PERMANENT RECORDS.......................................................... 9 38.1 - Transferring Records from Federal Records Centers (FRC) to National Archives ......... 9 WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 3 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION 30.1 - Authority Agency authority for the disposition of official Agency records is found in FSM 6230.1, Authority. Specific authorities for this section are found in 6230.1, item 8. 30.2 - Objectives See FSM 6230.2. 30.3 - Policy Agency policy for the disposition of official Agency records is found in FSM 6230.41c, FSM 6230.43c, and FSH 6209.11, chapter 40. 30.4 - Responsibility See FSM 6230.4. 30.5 - Definitions In addition to the definitions found in FSM 6230.5, the following apply to this chapter. Annual Move is an annual National Archives and Records Administration (NARA) event. Near the end of each fiscal year, the Agency Records Officer receives notification (usually via spreadsheet) from NARA of permanent records stored in Federal Records Centers (FRCs) that are eligible for transfer (also known as accession) to the National Archives. Box List (also known as a box content list, records index, or records manifest). A box list is a detailed list of the folders transferred to an FRC or the National Archives. Depending on the records to be transferred (temporary and permanent), a more detailed list identifying specific documents in the transfer may be preferred (particularly if some of the documents have significant historic value). These lists are useful for future reference, and the level of detail helps agency staff easily identify the records in a particular transfer. Always retain a copy of the box listing with FRC and National Archives transfer documentation. Disposition means those actions taken regarding records no longer needed to conduct regular current business of the agency. See FSM 6230.5 for expanded definition. WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 4 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION Disposition authority means the legal authorization for the retention and disposal of records. Unless taken from General Records Schedules (GRS) issued by NARA, disposition instructions for records must be approved by NARA via a Request for Disposition Authority, prior to issuance by the Forest Service. The disposition instructions for non-record materials are established by the Agency and do not require NARA approval. See records schedule. FRC Freeze. Per 36 CFR (Subchapter B, Part 1228), agencies must request an extension/freeze of the retention period for records stored in Federal Records Centers (FRCs). Once a freeze has been applied, it is incumbent upon the agency to notify NARA in writing requesting that the freeze, or a portion thereof, be lifted. An FRC freeze is different from an Agency litigation hold. Litigation hold refers to internal holds on Agency documentation, in the Agency’s physical custody, associated with pending or current legal action involving the Agency. When received, the Records Officer suspends the normal disposition cycle of the records mentioned in the hold notice to prevent their early/premature disposal. An "FRC freeze" is created when the Agency Records Officer formally asks NARA to create a freeze to halt premature disposition of records stored at a Federal Records Center. Upon receiving the request, NARA will issue a freeze code, which all Agency personnel shall include on transfer documents for records sent to FRC for storage that meet the parameters of the freeze. Frozen records. Official Agency records whose scheduled disposition has been temporarily suspended because of special circumstances that alter the administrative, legal, or fiscal value of the records. Records may be “frozen” and, therefore, not eligible for destruction, in the following circumstances: 1. The agency has requested NARA approval of a change in the retention period for the records. 2. The agency notifies the particular records center that the records are needed beyond the date they are eligible for disposal; or 3. NARA approves an agency's written request to extend the retention period for a series or system of records in accordance with 44 U.S.C. 2909, which states: “The Archivist may empower a Federal agency to retain records for a longer period than that specified in disposal schedules, and may withdraw disposal authorizations covering records listed in disposal schedules.” Litigation Hold. See FSM 6230.5. Records Schedule (also known as a retention schedule or records disposition schedule). See definition found in FSM 6230.5. Retention schedules identify records of temporary and permanent value, and provide guidance for disposition of records. Temporary records must not be destroyed except as authorized by an approved records schedule. WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 5 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION 37 - DISPOSITION OF TEMPORARY RECORDS STORED AT FRC Quarterly, the Federal Records Center (FRC) Disposition Team notifies the Agency of temporary records stored at Federal Records Centers that are eligible for destruction. This notification is sent to the Agency Records Officer, who in turn disseminates the information to the applicable Records Managers and consolidates the Agency’s response to the FRC Team. Due to the recurring nature of the reporting requirement (quarterly) and in an effort to streamline the process, a reply due letter will not be issued; rather the Agency Records Officer shall establish a deadline for response in the notification sent to records personnel. Upon receiving notification from the Records Officer, Agency Records Managers shall (as applicable) coordinate with Records Liaisons and follow the procedures in section 37, exhibit 01 to review and reply to the notifications by the due date. Agency personnel will track disposition notifications throughout the process using the Disposition Notice Tracking Form, FS-TEMP-6200-0039, including obtaining concurrence from unit Line and Staff Officers, or designated Program Manager. As requested, Records Liaisons shall work with appropriate unit Program Managers to obtain concurrence on disposition from local Line Officer/Program Staff Director/Manager and provide assigned Records Manager with updates regarding records status and signed forms. If it is not possible to complete the procedures for all records eligible for disposition, the Records Manager shall notify the Agency Records Officer by the due date. The Records Officer will work with the Records Manager to assign new disposition dates to the records. The Agency Records Officer will notify the Federal Records Center (FRC) of the new disposition date(s). WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 6 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION 37 - Exhibit 01 Temporary Records Step Action 1 DISPOSITION NOTIFICATIONS – TEMPORARY RECORDS Upon receiving temporary record disposition notifications from the Federal Records Center Disposition Team, the Records Officer shall disseminate notifications to Agency records personnel. 2 ARE RECORDS ELIGIBLE FOR DISPOSITION? The Records Manager determines if the records are eligible for destruction by examining the SF-135 and any included box list(s) in order to answer the following questions: 1) Is there any uncertainty about the records based on the description provided on the SF-135 and box list (description, inclusive dates, and so forth)? 2) Are the records covered by more than one records retention schedule? 3) Has the retention period changed? 4) Are the records under litigation hold? IF ALL ANSWERS ARE NO: GO TO STEP 3 - PROCESSING RECORDS ELIGIBLE FOR DISPOSITION IF ANY ANSWERS ARE YES : GO TO STEP 4 - PROCESSING RECORDS NOT ELIGIBLE FOR DISPOSITION 3 PROCESSING TEMPORARY RECORDS ELIGIBLE FOR DISPOSITION (Answered NO to all questions in Step 2) Complete separate FS-TEMP-6200-0039, for each transfer number. Obtain concurrence from appropriate staff/unit managers. Sign form to authorize destruction. Email scanned form to Records Officer. Attach copy of SF-135 and box list to signed FS-TEMP-6200-0039. File in “6230 – Records Creation, Maintenance, and Disposition – Disposition–Transfers to FRC.” (See FSH 6209.11, ch. 40 for additional retention instructions.) Records Officer will notify FRC Disposition Team that records are approved for destruction. PROCESS COMPLETE – NO FURTHER ACTION NEEDED 4 PROCESSING RECORDS NOT ELIGIBLE FOR DISPOSITION (Answered YES to ANY question in Step 2) 4A Questions: 1) Is there any uncertainty about the records based on the description provided on the SF-135 and box list (description, inclusive dates, etc.)? 2) Are the records covered by more than one records retention schedule? 3) Has the retention period changed? No to all the above: Go to Step 4B. Yes to any of the above, take the following actions: o Permanently withdraw records (via ARCIS) from FRC for review. o Complete form FS-TEMP-6200-0039. WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 7 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION Step Action o Email signed form to Agency Records Officer. o Attach copy of SF-135 and box list to signed FS-TEMP-6200-0039. File in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to FRC.” (See FSH 6209.11, ch. 40 for retention instructions.) o Go to Step 5. 4B 5 5A Are the records under litigation hold? If you answered NO to this question and answered NO to all Step 4A questions, go back to Step 3. Yes - Records under litigation hold, not permanently withdrawn from FRC in Step 4A: o Complete FS-TEMP-6200-0039, and provide new disposition date (estimate when hold will be lifted) for each transfer number. o Email signed form to Records Officer. Retain copy of FS-TEMP-6200-0039 and applicable SF-135 in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to FRC.” (See FSH 6209.11, ch. 40 for retention instructions. Ensure the file is labeled clearly and retained so as to protect all confidential information.) Records Officer will notify FRC Disposition Team of new disposition date. PROCESSING RECORDS PERMANENTLY WITHDRAWN FROM FRC The following actions should be taken by the assigned Records Manager for each SF-135 action permanently withdrawn from FRC storage. Sort records according to retention authority. Identify records under litigation hold. Complete Steps 5A and 5B (as applicable). PROCESSING TEMPORARY RECORDS WITHDRAWN FROM FRC 5A-1 Temporary records at destruction date that are NOT under litigation hold: Complete separate FS-TEMP-6200-0039, for each transfer number. Obtain concurrence from appropriate staff/unit managers. Sign form to authorize destruction. Email scanned form to Records Officer. Attach copy of SF-135 and box list to signed FS-TEMP-6200-0039. File in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to FRC.” (See FSH 6209.11, ch. 40 for retention instructions. Ensure the file is labeled clearly and retained so as to protect all confidential information.) DESTROY RECORDS – PROCESS COMPLETE. 5A-2 Temporary records not at destruction date, including those under litigation hold that were withdrawn from FRC: Complete separate FS-TEMP-6200-0039, for each transfer number. Email copy of FS-TEMP-6200-0039 and associated SF-135s to Records Officer. Group and box by retention authority. Create new file folder labels as needed. Create transfer documentation (SF-135) and new box list. If records are under litigation hold, indicate by placing case number on box list and estimated date hold will be lifted in SF-135 item 6i. (Note: If the records are under an FRC issued freeze, place the FRC issued code on front of SF-135 WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 8 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION Step Action under records description. These records will not be eligible for disposition until the FRC freeze is formally issued by the Agency Records Officer.) Submit new SF-135 and box list to FRC for approval, once approved ship records. Attach copies of FS-TEMP-6200-0039, SF-135s (old and new) and box list. File in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to FRC.” PROCESS COMPLETE 5B PROCESSING PERMANENT RECORDS WITHDRAWN FROM FRC If records withdrawn from FRC are determined to be permanent, process records using instructions in Section 38, Exhibit 01. WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 9 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION 38 - DISPOSITION OF PERMANENT RECORDS The National Archives is the final repository for records that NARA has determined have sufficient historical value to warrant permanent preservation by the Government. Records transferred to the National Archives are no longer under Forest Service jurisdiction. All records scheduled as permanent must be transferred to the National Archives of the United States when: 1. Eligible for transfer based on the transfer date specified in the NARA-approved records schedule, or 2. The records have been in existence for more than 30 years. 38.1 - Transferring Records from Federal Records Centers (FRC) to National Archives Annually, in the fourth quarter of the fiscal year, NARA notifies the Agency Records Officer of permanent records stored at FRC that are eligible for transfer to the National Archives. The Agency Records Officer shall notify affected Agency Records Managers of individual pending transfers, requesting supporting documentation and concurrence. Each transfer must be processed separately. Due to the high volume of individual transfers and in an effort to streamline the process, a reply due letter will not be issued; rather the Agency Records Officer shall establish a response deadline in the notification sent to records personnel. Upon receiving notification from the Records Officer, Agency Records Managers shall coordinate (as applicable) with records liaisons and use the procedures in section 38, exhibit 01 to respond to the transfer notification by due dates established by the Agency Records Officer. Agency personnel will track disposition notifications throughout the process using the Disposition Notice Tracking Form (FS-Temp-6200-0039), including obtaining concurrence from unit Line and Staff Officers, or designated Program Manager. As requested, Records Liaisons shall work with appropriate unit Program Managers to obtain concurrence on transfers from local Line Officer/Program Staff Director/Manager and provide assigned Records Manager with updates regarding records status and signed forms. If it is not possible to complete the procedures for all records eligible for transfer, the Records Manager shall notify the Agency Records Officer. The Records Officer will work with the Records Manager to assign new disposition dates to the records. The Agency Records Officer will notify the Federal Records Center (FRC) of the new disposition date(s). WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 10 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION 38 - Exhibit 01 Permanent Records Step Action 1 DISPOSITION NOTIFICATIONS – PERMANENT RECORDS Upon receiving notification of permanent records eligible for transfer to Archives from the Federal Records Center Disposition Team, the Records Officer shall disseminate notifications to Agency records personnel. Note that all transfers of permanent records will occur at the beginning of the fiscal year via the NARA Annual Move transfer requests received by the Records Officer via ERA notification. 2 ARE RECORDS ELIGIBLE FOR DISPOSITION? The Records Manager determines if the records are eligible for destruction by examining the box lists of the records in order to answer the following questions: 1) Is there any uncertainty about the records based on the description provided on the SF-135 and box list (description, inclusive dates, etc.)? 2) Are the records covered by more than one records retention schedule? 3) Has the retention period changed? 4) Are the records under litigation hold? IF ALL ANSWERS ARE NO: GO TO STEP 3 - PROCESSING RECORDS ELIGIBLE FOR DISPOSITION IF ANY ANSWERS ARE YES: GO TO STEP 4 - PROCESSING RECORDS NOT ELIGIBLE FOR DISPOSITION 3 PROCESSING PERMANENT RECORDS ELIGIBLE FOR DISPOSITION (Answered NO to all questions in Step 2) Complete draft SF-258 (or similar transfer request) for each transfer. Complete separate FS-TEMP-6200-0039 for each SF-258 prepared. Obtain concurrence from appropriate staff/unit manager(s). Sign form to indicate concurrence with accession. Email to Records Officer: Scanned FS-Temp-6200-0039, draft SF-258, SF-135, and box list. Retain copy of documents in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to NARA”. (See FSH 6209.11, ch. 40 for retention instructions. Ensure the file is labeled clearly and retained so as to protect all confidential information.) Records Officer will complete the transfer request via NARA’s Electronic Records Archives (ERA) system. PROCESS COMPLETE – NO FURTHER ACTION NEEDED 4 4A PROCESSING RECORDS NOT ELIGIBLE FOR DISPOSITION (Answered YES to ANY question in Step 2) Questions: 1) Is there any uncertainty about the records based on the description provided on the SF-135 and box list (description, inclusive dates, etc.)? 2) Are the records covered by more than one records retention schedule? 3) Has the retention period changed? No to all the above: Go to Step 4B. Yes to any of the above: WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 11 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION Step Action o o o o Permanently withdraw records (via ARCIS) from FRC for review. Complete FS-TEMP-6200-0039. Email signed form to Agency Records Officer. Attach copy of SF-135 and box list to signed form. File in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to FRC”. (Note: Six (6) years after record is closed, remove from official records and mark as ‘REFERENCE’ and retain on site in reference files. Agency has determined that the data recorded on these documents is useful in determining status of records subject to litigation hold.) o Go to Step 5. 4B Are the records under litigation hold? If you answered NO to this question and answered NO to all questions in Step 4A, go back to Step 3. Records under litigation hold, not permanently withdrawn from FRC in Step 4A: o Complete FS-TEMP-6200-0039, and provide new disposition date (estimate when hold will be lifted) for each transfer number. o Email signed form to Records Officer. o Retain copy of form and applicable SF-135 in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to FRC”. (See FSH 6209.11, ch. 40 for retention instructions. Ensure the file is labeled clearly and retained so as to protect all confidential information.) o Records Officer will notify FRC Disposition Team of new disposition date. 5 PROCESSING RECORDS PERMANENTLY WITHDRAWN FROM FRC The following actions should be taken by the assigned Records Manager for each SF-135 action permanently withdrawn from FRC storage. Sort records according to retention authority. Identify records under litigation hold. Complete Steps 5A and 5B (as applicable). 5A PROCESSING TEMPORARY RECORDS WITHDRAWN FROM FRC If records withdrawn from FRC are determined to be temporary, process records using instructions in Section 37, Exhibit 01. 5B PROCESSING PERMANENT RECORDS WITHDRAWN FROM FRC 5B-1 Permanent records NOT at disposition date (including those under litigation hold): Complete separate FS-TEMP-6200-0039, for each transfer number. Email copy of FS-TEMP-6200-0039 and associated SF-135s to Records Officer. Group and box by retention authority. Create new file folder labels as needed. Create transfer documentation (SF-135) and new box list. If records are under litigation hold, indicate by placing case number on box list and estimated date hold will be lifted in SF-135 item 6i. (Note: If the records are under an FRC-issued freeze, place the FRC-issued code on front of SF-135 under records description. These records will not be eligible for disposition until the FRC freeze is formally issued by the Agency Records Officer.) Submit new SF-135 and box list to FRC for approval, once approved ship records. Attach copies of FS-TEMP-6200-0039, SF-135s (old and new) and box list. File in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to FRC”. (See FSH 6209.11, ch.40 for retention instructions. Ensure the file is labeled clearly and retained so as to protect all confidential WO INTERIM DIRECTIVE EFFECTIVE DATE: 11/05/2015 DURATION: This interim directive expires on 05/05/2017. id_6209.11-2015-2 Page 12 of 12 FSH 6209.11 - RECORDS MANAGEMENT HANDOOK CHAPTER 30 - RECORDS DISPOSITION Step Action information.) Email copy of FS-TEMP-6200-0039 and associated SF-135s to Records Officer. PROCESS COMPLETE 5B-2 Permanent records at disposition date and NOT under litigation hold: Complete separate FS-TEMP-6200-0039 for each old transfer number as cross-reference between old and new action. Group and box by retention authority. Create new file folder labels as needed. Complete SF-258 and box list. Submit completed FS-TEMP-6200-0039, SF-258, and box list to FS Records Officer via assigned Records Manager. Records Officer will process Transfer Records via NARA’s Electronic Records Accession (ERA) system. Attach copies of FS-TEMP-6200-0039, SF-258 and box list. File in “6230 – Records Creation, Maintenance, and Disposition – Disposition – Transfers to NARA”. (See FSH 6209.11, ch. 40 for retention instructions. Ensure the file is labeled clearly and retained so as to protect all confidential information.) PROCESS COMPLETE