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Federal Depository Library Legal Requirements
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Written on Thursday, 18 March 2010

The authority for the Federal Depository Library Program (FDLP) and the legal obligations of designated Federal depository libraries are found in4 4 United States Code §§1901‐1916.

Legal Obligations: All Federal Depository LIbraries:

  • To make depository materials available for free use by the general public;
  • To report to the Superintendent of Documents at least every two years on the conditions of the library;
    • GPO conducts the Biennial Survey of Depository Libraries to enable depositories to meet this legal obligation, making completion of the survey a requirement of all depository libraries.
  • To retain a collection of at least 10,000 books, other than Government publications, in the library; and
  • To maintain the depository materials and the collection so they are accessible to the public.

Legal Obligations: Selective Depository Libraries

  • To retain materials for at least five years, unless they are superseded or later replaced by bound volumes.
    • A selective depository is permitted to replace tangible versions with online equivalents of depository materials provided the library has held the publication for at least one year, the regional depository has approved the disposal of the tangibles, and the online version is:
      • Official;
      • Complete; and
      • Free of charge to the user.

Selective depository libraries not served by a regional depository library must retain Government publications permanently in EITHER printed OR microfacsimile form, except superseded publications or those publications that are later replaced by bound volumes.

Legal Obligations: Regional Depository Libraries

In addition to fulfilling the requirements of selective depository libraries, regional depository libraries have other mandates in accordance with §1912:
  • To receive from the Superintendent of Documents copies of all new and revised Government publications authorized for distribution to depository libraries;
  • To retain at least one copy of all Government publications EITHER in printed OR microfacsimile form (except those authorized to be discarded by the Superintendent of Documents);
  • To provide, within the area served, interlibrary loan, reference service, and assistance for depositories in the disposal of unwanted Government publications; and
  • To approve the disposal of depository materials which selectives in their region have retained for the requisite amount of time and after they have offered them to other depository libraries within their area, then to other libraries.