[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR701.2]

[Page 61-62]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                    CHAPTER VII--LIBRARY OF CONGRESS
 
PART 701_PROCEDURES AND SERVICES--Table of Contents
 
Sec. 701.2  Acquisition of Library material by non-purchase means.

    (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.

[[Page 62]]

    (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be withdrawn by the owner rather than conveyed to the Library.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) Conditional Gifts of Material to the Library. In cases where 
donors wish to attach conditions of use, negotiating officers cannot 
commit the Library to acceptance of such conditions. The Librarian of 
Congress or designee will consult the appropriate division and service 
unit officers and the General Counsel to ascertain whether the 
conditions are generally acceptable.