12.10 Disposal Process

• Regional depository libraries are authorized by 44 U.S.C. § 1912, to permit selective depository libraries for which they have responsibility to dispose of government publications that have been retained for at least five years. The regional should ensure that at least one copy of all government publications made available through the FDLP, either in paper, microfiche, or locally held electronic format, (except those authorized to be discarded by the Superintendent of Documents) is retained within their collection. Publications maintained under a selective housing agreement are considered part of the regional's collection. Discarding is a privilege granted by the regional and not a right of the selective. The regional library may refuse to grant permission for disposal of any publication that it feels should be kept by one of its depositories for a longer period of time.
• The regional library should issue detailed written discard procedures (instructions) to its selective depositories to keep selective depositories well informed of the regional depository library's prescribed discard procedures. Upon the request of a selective to discard publications, the regional library may ask the selective depository to prepare a list of the publications. This list should include current item number, series title, SuDocs classification number, extent of holdings to be disposed of, and other relevant information needed by the regional librarian.
• Other discard approval options the regional depositories may consider are:  
  • A personal review by the regional librarian of the publications to be discarded; and/or
  • Requiring selective depositories to check discards against the regional or a national "needs" list. A regional may also exempt specific categories or formats from the listing requirement;
  • Materials that have been severely damaged through a natural or man-made disaster may no longer be in usable condition and preparing a discard list is of such magnitude that it is impractical to do so.
• Ideally, such instructions are part of a state plan and have been negotiated between the regional and the selective libraries.
• If a discard list is required, the regional coordinator will check the disposal lists for any publications that may be missing from the regional government publications collection. In reviewing the materials to be discarded, the regional coordinator should keep in mind that the intent of the law is not simply to ensure that the regional itself should have a comprehensive collection, but that discarding does not significantly erode the effectiveness of the state's Federal depository library resources. It is acceptable for a regional to refuse a selective library's request to discard materials if the publications offered for discard should be made available in that part of the state, or that the state as a whole should have more than one (regional) copy of that particular publication, or for any other justifiable reason. Regional depositories may find it helpful to retain discard lists from the selective depositories, or any other requests for disposal for a length of time, as they deem appropriate.
• A state plan for collection development should address discards within the region and provide a framework for determining what is acquired by whom during the discard process. The state plan should also address statewide implications of substituting electronic-only versions of depository publications for heretofore tangible versions. As noted above, the regional depository MUST ensure a tangible version is maintained within the state or region.
• Regional depositories MUST instruct selective depository libraries that disposition of unwanted Federal Government publications should be made in the following prescribed manner:  
  • Publications should first be offered to other depository libraries in the state or states served by the regional.
  • Selective depositories are then encouraged to post the materials to the national Needs and Offers list maintained by the Government Printing Office (GPO).
• Regional depositories may permit selective depository libraries to offer any remaining publications to a non-depository library or educational institution in the region that would be able to make them available to the public. If no discard list was compiled by the selective depository, a written description of the methods used to offer materials to other institutions should be submitted to the applicable regional depository.
• Selective depositories MUST follow the direction of the regional coordinator when discarding depository materials.
• LSCM allows libraries that have suffered disasters to highlight their needs on the national Needs and Offers list, adding emphasis to collection re-building in the affected area.
• All regional Federal depository libraries are strongly encouraged to share major disposal lists with LSCM. As Federal depository library publications remain Federal property, LSCM may exert its authority to acquire publications being de-accessioned from depositories after regional depositories have acquired publications needed in the state or region. Regional libraries may share disposal lists with LSCM by submitting them through askGPO under the category "Federal Depository Libraries" and sub-category "Digitization" and sub-category "Publications to offer GPO." LSCM would like to see lists from libraries relinquishing status.
• After making a reasonable effort to find a recipient, publications may be disposed of in any appropriate manner. However, if such disposition takes the form of a sale, either as second-hand books or waste paper, the proceeds, along with a letter of explanation, MUST be sent to the Superintendent of Documents, since all depository publications remain the property of the United States Government. Libraries may not profit from the sale of discarded government publications.
• If a depository library relinquishes its status, the regional will instruct the library regarding the disposition of its depository collection. This disposition should be made as noted above. However, after the regional depository has authorized final disposal of the depository material to other depositories, LSCM and the regional may authorize the library to retain any remaining portion of its depository collection.