Scheduling and Disposition of Federal Records

Citation
283 FW 1
FWM Number
302
Date
Supersedes
283 FW 1, FWM 302, 12/31/1996; and 283 FW 2, 8/30/2006
Originating Office
Information Resources and Technology Management

TABLE OF CONTENTS

TopicsSections
OVERVIEW

1.1 What is the purpose of this chapter?

1.2 What is the scope of this chapter?

1.3 What is a records schedule?

1.4 What is the overall policy?

1.5 What are the authorities for this chapter?

1.6 What terms do you need to know to understand the chapters in Part 283?

RESPONSIBILITIES1.7 Who is responsible for records scheduling and disposition within the Service?

OVERVIEW 

1.1 What is the purpose of this chapter? This chapter: 

A. Identifies the National Archives and Records Administration (NARA)-approved records schedules U.S. Fish and Wildlife Service (Service) employees must use to manage Federal records throughout their lifecycle;

B. Establishes policy to help ensure employees properly disposition Federal records in accordance with the instructions in the applicable records schedule and other legal and regulatory requirements; and

C. Defines terminology used in this and the other chapters in Part 283, Records Disposition

1.2 What is the scope of this chapter? The requirements in this chapter apply to all: 

A. Service employees, contractors (as part of carrying out their contractual obligations), volunteers, students, interns, and others who perform work for or on behalf of the Service. For simplicity, we use the term “employee” in this chapter as a general term to describe all of these individuals. 

B. Service records regardless of physical form (i.e., electronic, analog, etc.) or media. 

1.3 What is a records schedule? 

A. A records schedule is a NARA-approved document that provides mandatory instructions for the management and disposition of records. Records schedules indicate whether a record is considered permanent or temporary and provide the retention period, cutoff date, and other instructions. 

B. All Federal records in Service custody must be covered by a NARA-approved records schedule. Records that do not fall under a schedule are called “unscheduled records.” Employees must retain unscheduled records until they are identified on a records schedule and are given appropriate disposition instructions. Contact a Records and Information Management (RIM) Specialist in the Information Resources and Technology Management (IRTM) program for additional information about adding unscheduled records to a records schedule.

1.4 What is the overall policy? 

A. In accordance with 280 FW 1, Records and Information Management Policy and Program, employees must maintain their records, either created or inherited, throughout their lifecycle. This includes preserving records for the length of time indicated by the applicable records schedule. The records schedules that apply to Service records are available on the RIM SharePoint site and are described below. Consult with your RIM Specialist to determine the appropriate schedule for your records. 

(1) Department of the Interior (Department) Records Schedule (DRS). The Department’s Records Office develops and implements a series of schedules that cover similar Federal records maintained throughout the Department. Employees must use the DRS disposition instructions for all covered records.

(2) General Records Schedule (GRS).NARA maintains the GRS, which covers records common to all Federal agencies, such as transitory records. Employees must use the disposition instructions in the GRS if the record is not covered under the DRS.

(3) Service Records Disposition Schedules.The Service maintains records schedules to address records related to Service-specific mission activities. Employees must maintain and disposition records not identified within the DRS or GRS in accordance with the appropriate Service records schedule, such as Appendix 1, Combined Service Disposition Manual

B. When the retention period indicated by the applicable schedule ends, records are subject to disposition. We disposition records in the following ways:

(1) We transfer custody of permanent records to NARA through a process called accessioning. See 283 FW 2, Transfer of Records, for additional requirements for NARA to accession our permanent records.   

(2) Temporary records are eligible for destruction once their disposition date is reached in accordance with the Department's Records Management Policy (RMP) 2020-03, Federal Records Disposal Authorization

     (a) Employees should not retain temporary records beyond their disposition date unless there is a legal requirement to do so. 

     (b) Before destroying records, employees must receive approval from the Service’s Chief Records Officer (CRO) or a RIM Specialist with delegated authority using FWS Form 3-2513, Regional/Program Records Disposition Certification

     (i) Employees must include an inventory of records they plan to destroy along with FWS Form 3-2513. 

     (ii) After they receive approval, employees must delete or destroy records in accordance with 36 CFR 1226.24(b).

     (iii) Employees who destroy records without authorization from the CRO or a RIM Specialist with delegated authority are subject to penalties. See 283 FW 3, Unauthorized Removal or Destruction of Federal Records, for more information.

(3) We may also transfer records to a Federal Records Center. Transfers must comply with the regulations in 36 CFR 1233 and the requirements of  Office of Management and Budget (OMB) Memorandum M-23-07, Update to Transition to Electronic Records. See 283 FW 2, Transfer of Records, for more information. 

C. We may need to retain records subject to personnel investigations, Freedom of Information Act (FOIA) requests, congressional oversight, or legal holds beyond the disposition date identified in the applicable records schedule. Employees must not destroy these records until authorized and must follow all applicable guidance given by the CRO, Service FOIA Officer, Office of the Solicitor, Department of Justice, or other responsible party.

D. In accordance with the Privacy Act (5 U.S.C. 552a), we must only maintain records about individuals to accomplish a purpose required by law or Executive Order. As a result, employees should not maintain records about individuals longer than the period specified in the applicable System of Records Notice. 

1.5 What are the authorities for this chapter? 

A. Department's RMP 2020-03, Federal Records Disposal Authorization.

B. Department’s RMP 2023-01, Scheduling Records.

C. Disposal of Records (44 U.S.C. 33).

D. Implementing Disposition (36 CFR 1226).

E. OMB Memorandum M-23-07, Update to Transition to Electronic Records

F. Records Disposition Programs (36 CFR 1224).

G. Records Management by the Archivist of the United States and by the Administrator of General Services (44 U.S.C. 29).

H. Records Management by Federal Agencies (44 U.S.C. 31).

I. Scheduling Records (36 CFR 1225).

1.6 What terms do you need to know to understand the chapters in Part 283?

A. Accession. The transfer of legal title and the taking of records into the physical custody of NARA.

B. Alteration. The unauthorized annotation, addition, or deletion of a record.

C. Archival value. As determined by NARA, the enduring historical or other value that warrants NARA’s continued preservation of records beyond the period required for conducting Government business and functions. NARA’s Appraisal Policy defines the framework and guidelines they use to determine archival value.

D. Custody. Guardianship, or control, of records, including both physical possession (physical custody) and legal responsibility (legal custody). 

E. Cutoff date. The segmenting of records at regular intervals, usually at the close of a fiscal or calendar year, to permit their disposal or transfer in complete blocks at a designated time.

F. Deface. To obliterate, mar, or spoil the appearance or surface of a record so that it impairs the usefulness or value of the content of the record.

G. Disposition. Actions taken after records are no longer needed to conduct regular Service business. Disposition of records may include legally deleting, destroying, or transferring the records to NARA or a NARA-approved repository.

H. Federal record. 44 U.S.C. 3301 provides the definition of a Federal record. The full definition of and criteria for what constitutes a record is in 280 FW 1.

I. Federal Records Center. An establishment that NARA or another Federal agency maintains and operates primarily for the storage, servicing, security, and processing of records that must be preserved for varying periods of time and need not be retained in office equipment or space.

J. Permanent records. Records that have archival value and warrant NARA’s continued preservation beyond the period that is required for conducting Government business and functions. The Appraisal Policy of the National Archives defines the framework and guidelines that they use to determine archival value.

K. Removal. Selling, donating, loaning, transferring, or otherwise allowing a Federal record to leave the custody of the Service without authorization. 

L. Retention period. The length of time records must be kept as indicated on a NARA-approved records schedule.

M. Temporary records. Records that do not have archival value and can be disposed of with the CRO’s (or delegated employee’s) approval once the records have reached the end of their scheduled retention period.

N. Transfer. For the purposes of the chapters in Part 283 of the Service Manual, the act or process of moving records to an organization outside of the Service. 

O. Unauthorized destruction. The disposal of records (permanent, temporary, or unscheduled) before the end of the NARA-approved retention period, disposal of records at the end of their retention period but without approval of the CRO, and disposal of records that are subject to retention requirements due to personnel investigations, FOIA requests, congressional oversight, or other legal reasons.

P. Unscheduled records. Federal records whose final disposition has not been approved by NARA. We must treat such records as permanent until NARA approves their final disposition. 

RESPONSIBILITIES

1.7 Who is responsible for records scheduling and disposition within the Service? See Table 1-1. 

Table 1-1: Records Scheduling and Disposition Responsibilities

These employees...Are responsible for...
A. The DirectorApproving or declining to approve Servicewide RIM policies. 
B. Directorate members (e.g., Assistant Directors; Director, 
National Conservation Training Center; Regional Directors)

(1) Ensuring the records within their purview are scheduled and dispositioned in accordance with Federal and Departmental law, regulation, and policy;

(2) Ensuring employees in their Regions and programs are aware of their responsibilities for records scheduling and disposition;

(3) Ensuring appropriate safeguards are in place to prevent unauthorized removal or destruction of records within their purview;

(4) Maintaining awareness of and appropriately managing records subject to legal holds or other retention requests within their Regions or programs; and

(5) Providing the necessary resources to appropriately disposition records. 

C. Associate Chief Information Officer (ACIO) 
(i.e., the Assistant Director - IRTM)

(1) Establishing Service-specific policies, procedures, and standards related to scheduling and dispositioning records; and

(2) Ensuring records created and maintained by Service information systems are covered under an approved records schedule. 

D. Service Chief Records Officer (CRO)

(1) Developing procedures to assist employees with scheduling and dispositioning Service records,

(2) Maintaining and implementing records schedules for all records the Service creates,

(3) Assisting the Department with updating and reviewing the DRS,

(4) Reviewing disposition requests submitted by Service employees and providing final approval,

(5) Delegating authority to RIM Specialists to approve disposition requests if required, 

(6) Requesting and coordinating approval of Service-specific records schedules with the Department’s Chief Records Officer and NARA, and

(7) Coordinating with employees to modify and receive approval for updates to records schedules. 

E. Records and Information Management (RIM) Specialists within IRTM

(1) Assisting Service employees with preparing records inventories and file plans;

(2) Coordinating with employees to properly dispose of or transfer records; 

(3) Approving disposition requests when delegated that authority by the CRO; and

(4) Providing training and guidance to employees on managing records and information throughout their lifecycle, including scheduling and disposition. 

F. Managers/supervisors

(1) Ensuring employees under their supervision are aware of their records retention requirements, including the requirements of this policy; 

(2) Verifying that records proposed for disposition are not subject to legal holds or other record retention requests;

(3) Signing disposition requests to indicate supervisory approval for records disposal and to confirm the records are no longer needed;

(4) Assigning records disposition responsibilities to employees under their supervision; and

(5) Reporting potential unauthorized removal or destruction of records in accordance with the requirements of 283 FW 3.

G. Employees

(1) Preparing and submitting disposition requests using FWS Form 3-2513, Regional/Program Records Disposition Certification;

(2) Ensuring records proposed for disposition are not subject to legal holds or other record retention requests; 

(3) Identifying unscheduled records and working with the Service’s RIM program to schedule them appropriately;

(4) Coordinating with their managers/supervisors to propose updates to approved records schedules, when necessary;

(5) Carrying out required disposition actions, including the destruction or transfer of records, once approved to do so; and

(6) Reporting potential unauthorized removal or destruction of records in accordance with the requirements of 283 FW 3.

Attachments (Exhibits, Amendments, etc)