FHWA Records Disposition Manual
Federal-aid Division Offices

CHAPTER 5

This schedule covers records relating to legal services maintained in the Federal-Aid Divisions (field offices) of the Federal Highway Administration and reflects disposition authorities granted under N1-406-09-21. This schedule is media neutral, i.e., the disposition instructions apply to the described records in all media (including electronic information), unless the schedule identifies a specific medium for a specific series. For administrative records not covered below, field offices will follow the FHWA Records Disposition Schedule for Field Office Administrative Records in Chapter 1 and the General Records Schedules (GRS).

LEGR 1 Administrative Files.
Correspondence and other documents related to contract claims, environmental cases, Buy America, litigation not otherwise classified, and Congressional bills, summaries and analyses. These records may contain sensitive and/or personal identifiable information and require controlled access and handling to safeguard against a breach of information (Privacy Act of 1974 and the Federal Information Security Management Act of 2002). (N1-406-09-21/1)

DISPOSITION: Cut off at end of fiscal year. Destroy in Agency 3 years after cutoff.

LEGR 2 Civil Rights Files.
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. These records may contain sensitive and/or personal identifiable information and require controlled access and handling to safeguard against a breach of information (Privacy Act of 1974 and the Federal Information Security Management Act of 2002). (N1-406-09-21/2)

DISPOSITION: Cut off at end of fiscal year. Transfer to the Federal records center (FRC) 3 years after cutoff. Destroy 6 years after cutoff.

LEGR 3 Contract Files.
Correspondence, and other information concerning contract claims necessary in providing legal services in the negotiations, drafting, execution, and administration of Federal or Federal-aid contracts; specific case files in direct Federal claims involving contracting officer findings and determinations and appeals to the DOT/CAB. (N1-406-09-21/3)

DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 3 years after cutoff. Destroy 6 years after cutoff.

LEGR 4 Suspension and Debarment Files.
Consist of correspondence, memoranda, and other papers pertaining to the suspension or debarment of a contractor. These records may contain sensitive and/or personal identifiable information and require controlled access and handling to safeguard against a breach of information (Privacy Act of 1974 and the Federal Information Security Management Act of 2002). (N1-406-09-21/4)

DISPOSITION: Review files quarterly. Destroy in Agency when 3 years old.

LEGR 5 Environmental Legal Files.
Contains general correspondence, background material, and legal sufficiency reviews of drafts and final environmental impact statements, as well as legal opinions on NEPA, 4(f), and related laws and regulations. (N1-406-09-21/5)

DISPOSITION: Cut off at end of fiscal year. Destroy 5 years after cutoff.

LEGR 6 Freedom of Information Act (FOIA Files). See GRS 4.2, items 001, 020, 040, and 070.

LEGR 7 Legal Precedent Files.
Opinions and decisions from Courts and Washington Office of interpretation of law as to Federal-aid highways necessary for ready reference by Division staff. Record copy maintained in Washington Headquarters. (N1-406-09-21/6)

DISPOSITION: Destroy when no longer needed for business needs.

LEGR 8 Legislation Files.
General correspondence, copies of legislation introduced in Congress or State Legislatures, copies of committee reports and enacted bills, copies or requests for interpretations and replies from Chief Counsel. (N1-406-09-21/7)

DISPOSITION: Cut off at end of fiscal year. Destroy in Agency 3 years after cutoff.

LEGR 9 Litigation Files.
Contains pending active cases and memoranda pertaining to court cases, trials, etc. Files also contain correspondence, court papers, background material, official file copies and other general documents. (N1-406-09-21/8)

DISPOSITION: Place in closed case file after final disposition of case. Cut off closed case file at end of fiscal year. Transfer to FRC 3 years after cutoff. Destroy 10 years after cutoff.

LEGR 10 RESERVED.

LEGR 11 RESERVED.

LEGR 12 Tort Files.
Consist of correspondence, letters, memoranda, and supporting documents related to tort claims which are processed under the Federal Tort Claims Act. (N1-406-09-21/9)

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.

LEGR 13 Public Financial Disclosure Reports (OGE Form 278 and related records).  See GRS 2.8, items 060, 061, 062, 063.

LEGR 14 Confidential Financial Disclosure Reports (OGE Form 450, Form 450-A, and related records).  See GRS 2.8, items 070, 071, 072.