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This schedule covers records maintained by the Office of the Chief Counsel, Washington Headquarters, Federal Highway Administration, and reflects disposition granted under authorities NC1-406-80-1 and N1-406-97-1.
CHFC 1 Administrative Files. Contain official file copies, general correspondence pertaining to meetings and conferences with the FHWA Washington Headquarters, appropriations for the Division, application forms for part-time and summer law clerks, personnel folders, awards, requisition for overtime office supplies and training material related to the Division and other general communications between DOT General Counsel and FHWA Chief Counsel. (NC1-406-80-1/1)
DISPOSITION: Cut off at end of fiscal year. Destroy in agency 3 years after cutoff.
CHFC 2 RESERVED.
CHFC 3 Bridge Tolls. Files contain general correspondence, congressional inquiries, correspondence from the general public, reports, proceedings in bridge toll regulatory matters and Administrator Order's thereof. (NC1-406-80-1/3)
DISPOSITION: Place in inactive file when case is closed. Cut off inactive file at end of fiscal year. Transfer to FRC 10 years after cutoff. Destroy 20 years after cutoff.
CHFC 4 RESERVED.
CHFC 5 Civil Rights Files. Consist of correspondence, significant civil rights court decisions, background material, statistical data and other documents related to efforts to provide legal services with regard to the FHWA Civil Rights program, equal opportunity program and labor compliance program. This includes any material that pertains to cases that involve Title VI of the Civil Rights Act of 1964. (NC1-406-80-1/5)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 3 years after cutoff. Destroy 6 years after cutoff.
CHFC 6 Contract Files. Consist of correspondence and information concerning contract authority, contract compliance and contract claims and related papers pertaining to the General Law Division providing legal services in the negotiations, drafting, execution and administration of Federal or Federal-aid contracts to include contracts for highway construction and procurement on research and development. (NC1-406-80-1/6)
DISPOSITION: Cut off at end of fiscal year. Destroy in agency 3 years after cutoff.
CHFC 7 Debarred Bidder Files. Consist of correspondence, memoranda, and other papers pertaining to the listing of debarred bidders (distributed by the U.S. Department of Labor) which is a listing of persons or firms that have breached the agreement required by 41 U.S.C. and Executive Order 11246. The person, firms, corporations, partnerships, or associations interested in a firm shall not be awarded a contract until 3 years have elapsed. Files also contain material concerning unacceptability for employment in which a company is unacceptable for employment as a prime contractor or a subcontractor on a highway project requiring the approval or concurrence of FHWA. (NC1-406-80-1/7)
CHFC 8 Public Docket Files (Federal Register). Contain notices, advance notices of proposed rulemaking; notices of proposed rulemaking; comments received in response to notices; petitions for rulemaking and consideration; denials of petitions and reconsideration; records of additional rulemaking proceedings; and final rules as published. The dockets also contain research studies, transcripts or notes of public meetings, slides, photographs, truck hardware and other related material. Audiovisual materials are located in the supplemental information files which are maintained with the docket files. (N1-406-97-1/1)
DISPOSITION: PERMANENT. Transfer to FRC 3 years after close of file. Transfer to the National Archives 10 years after close of file. NOTE: If scanned, follow instructions listed below.
SCANNING INSTRUCTIONS: If selected dockets are scanned into the DOT’s optical disk system, then FHWA will follow disposition instructions approved for the system as cited in OST records schedule N1-398-95-3. Destroy paper files upon verification that the record copy has been fully and accurately converted to optical disk. Transfer record copy of files and related finding aids to the National Archives in an acceptable format when files are ten years old.
CHFC 9 Eminent Domain Files. Consist of draft copies of deeds, memorandums of agreement and background material related to inspection of States condemnation practices and procedures, court cases, requests for information on condemnation procedures, answering complaints and inquiries from the general public, Federal Land Transfer and Land Acquisition in relation with other Federal agencies. (NC1-406-80-1/9)
DISPOSITION: Place in inactive file when case is closed. Cut off closed case file at end of fiscal year. Transfer to FRC 5 years after cutoff. Destroy 10 years after cutoff.
CHFC 10 Environmental Files. Contain correspondence, comments made on proposed regulations published in the Federal Register, legal opinions, requests for legal opinions, regulations, guidelines on environmental policies and reviews on environmental impact statement laws. (NC1-406-80-1/10)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 2 years after cutoff. Destroy 5 years after cutoff.
CHFC 11 Environmental Impact Statement Review Legal Files. Contain general correspondence, background material and reviews by FHWA for all State and Regional Offices on the legal aspects of the EIS. (NC1-406-80-1/11)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 10 years after cutoff. Destroy 20 years after cutoff.
CHFC 12 Federal Participation Policy Files. Contain correspondence, material submitted for review and evaluation relative to the subject settlement proposal, such as damage claims for pollution of a public water supply source, and requests to FHWA for hardship approval or for information about the acquisition of real property. (NC1-406-80-1/12)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 5 years after cutoff. Destroy 8 years after cutoff.
CHFC 13 Field Studies Legal Files. Contain reports, background material, statistical data, general correspondence, field studies of highway capabilities, and legal reviews of State Highway Departments acquisition functions. (NC1-406-80-1/13)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 5 years after cutoff. Destroy 10 years after cutoff.
CHFC 14 RESERVED.
CHFC 15 Freedom of Information Act Files. Consist of correspondence, requests for information, copies of replies and related material that pertain to requests for records that may involve litigation. These are reference copies only. (The Office of the Associate Administrator for Administration maintains the record copies). (NC1-406-80-1/15)
DISPOSITION: Cut off at end of fiscal year. Destroy in agency 3 years after cutoff.
CHFC 16 Government Relations Files. Contain general correspondence from other Federal agencies, general correspondence and legal opinions from the States, and their comments and recommendations on disagreements with Federal agencies regarding the mortgage insurance policies and related legal opinion documents. (NC1-406-80-1/16)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 3 years after cutoff. Destroy 5 years after cutoff.
CHFC 17 RESERVED.
CHFC 18 RESERVED.
CHFC 19 Highway Safety Files. Contain hearings involving the highway safety program, sections of the Highway Act, legal interpretations, memorandums of eligibility for Federal funding, highway safety legislation and general correspondence on State and community highway safety programs. (NC1-406-80-1/19)
DISPOSITION: Cut off at end of fiscal year. Destroy in agency 10 years after cutoff.
CHFC 20 Highway Beautification. Contain general correspondence, reports, drafts of State bills pertaining to Highway Beautification, junkyards, outdoor advertising, billboards, legal opinions and reviews of papers from States on revisions of the Highway Beautification Act.
(NC1-406-80-1/20)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 5 years after cutoff. Destroy 10 years after cutoff.
CHFC 21 Impoundment Legislation Files. Consist of general correspondence, court papers, background material, and final draft forms. These are all closed cases involving litigation of appropriation of funds and limitations imposed by FHWA on Federal-aid highway funds appropriated to the States. (NC1-406-80-1/21)
DISPOSITION: Place in inactive file when case is closed. Cut off inactive file at end of fiscal year. Destroy in agency 3 years after cutoff.
CHFC 22 Legal Precedent Files. Consist of opinions, interpretations of the law, copies of implementation of the statutes, notes, articles, background reviews and documents related to Title 23 CFR. This material is maintained by the Legislation and Regulations Division and is used by the attorneys as legal research material.
DISPOSITION: PERMANENT. Transfer to FRC when 10 years old. Transfer to National Archives when 25 years old.
CHFC 23 Legislation Bills Files. Contain information on Congresses includes correspondence, comments, draft proposed legislation, minutes of meetings of testimony made before committee hearings and reports pertaining to highway legislation with other agencies such as HUD, and Interior. (NC1-406-80-1/23)
DISPOSITION: Place in inactive file after bill has either been passed or killed. Cut off inactive file at end of fiscal year. Destroy 10 years after cutoff.
CHFC 24 Litigation Files. Contain pending active cases and memoranda pertaining to court cases, trials, etc. Files also contain correspondence, court papers, background material and other general documents. (NC1-406-80-1/24)
DISPOSITION: Retain pending reappraisal.
CHFC 25 Monthly Reports. Files contain monthly reports from the Regional Counsels, which include court cases. (NC1-406-80-1/25)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 5 years after cutoff. Destroy 10 years after cutoff.
CHFC 26 Organization Files. Contain general correspondence and information about research organizations and national associations such as the Highway Research Institute, National Highway Institute and the Federal Advisory Research Board. (NC1-406-80-1/26)
DISPOSITION: Cut off at end of fiscal year. Destroy in agency 3 years after cutoff.
CHFC 27 Personnel and Ethics Law Files. Consist of administrative correspondence, letters, memoranda and supporting documents related to the functions of the General Law Division to provide legal advice, assistance and services in coordination with the Office of Personnel and Training on the subject areas of (1) post employment restrictions, (2) reporting requirements, (3) conflicts of interest, (4) outside interest, (5) gifts and fees, (6) misconduct, (7) grievances, (8) Civil Service Reform Act and the (9) Hatch Act. (NC1-406-80-1/27)
DISPOSITION: Cut off at end of fiscal year. Destroy in agency 3 years after cutoff
CHFC 28 Privacy Act Files. Consist of correspondence, original requests, and copies of replies pertaining to an individual's request documents that may contain information pertaining to him/her. These are reference copies only. (The Office of the Associate Administrator for Administration maintains the record material). (NC1-406-80-1/28)
DISPOSITION: Cut off at end of fiscal year. Destroy in agency 3 years after cutoff.
CHFC 29 Program Files. Contain general information on AASHTO, minutes of meetings, press releases, congressional reports, funding reports, drafts of hearings, highway acts and testimonial statements from Congress, and inquiries involving legislative matters pertaining to the activities of the Legislation and Regulations Division. This is a reference copy for the Office of Chief Counsel. (NC1-406-80-1/29)
DISPOSITION: Cut off at end of fiscal year. Destroy in agency 3 years after cutoff.
CHFC 30 Reference Files. Contain copies of information not scheduled elsewhere in this schedule which are used as ready reference on subjects of current or ongoing interest. These files may contain copies of publications, directives, pictures, correspondence and the like. Official file copies are not to be placed in these files nor are the files to be considered pending files where official file copies are kept on a tentative basis. (NC1-406-80-1/30)
DISPOSITION: Destroy in agency when no longer needed.
CHFC 31 Regulations (CFR) Files. Contain correspondence, background material, public information, memorandums of law, revisions to regulations related to environmental policies and procedures, and comments on proposed environmental policies and procedure, and comments on proposed codification of instructional memorandums and proposed documents. (NC1-406-80-1/31)
DISPOSITION: See CHFC 8.
CHFC 32 RESERVED.
CHFC 33 State Toll Bridges. Files consist of general correspondence, reports, studies, background material and complaints in particular bridge problems in specific States. Also in the files are copies of notices of public hearings related to protests received by FHWA that tolls charged for transit over bridges are not reasonable and by reason that the owners have diverted net operating revenues to defray general municipal expenses. (NC1-406-80-1/33)
DISPOSITION: See CHFC 3.
CHFC 34 State Files. Consist of court cases memoranda, background material and other related papers in connection with Federal participation in claims awards made by States to Federal-aid contractors concerning construction projects. (NC1-406-80-1/34)
DISPOSITION: Place in closed case file when case is closed. Cut off closed case file at end of fiscal year. Destroy in agency 3 years after cutoff.
CHFC 35 Tort Files. Consist of correspondence, letters, dates, memoranda, and supporting documents related to tort claims which are processed by the General Law Division under the Federal Tort Claims Act. (NC1-406-80-1/35)
DISPOSITION: Place in closed case file when case is closed. Cut off closed case file at end of fiscal year. Destroy in agency 3 years after cutoff.
