This schedule covers records relating to legal services maintained by the field offices of Federal Highway Administration and reflects disposition authority granted under NC1-406-85-3.
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. (NC1-406-85-3/1)
DISPOSITION: Destroy when 2 years old or when no longer needed, whichever is sooner.
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.
(NC1-406-85-3/2)
DISPOSITION: Cut off at end of fiscal year. Transfer to 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. (NC1-406-85-3/3)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 3 years after cutoff. Destroy 10 years after cutoff.
LEGR 4 Debarred Bidder Files:
Correspondence, memoranda, official files, 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. Section 1-1.601 and executive Order 11246. The person, firms, corporations, partnerships, or associations having an interest in a firm shall not be awarded a contract until 3 years have elapsed. Files also contain material concerning unaccept-ability 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.
(NC1-406-85-3/4)
DISPOSITION: Review files quarterly. Destroy when superseded.
DISPOSITION: Review file quarterly. Destroy 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. (NC1-406-85-3/5)
DISPOSITION: Cut off at end of fiscal year. Transfer to FRC 3 years after cutoff. Destroy 13 years after cutoff.
LEGR 6 Freedom of Information Files: General correspondence, requests for information, copies of replies and legal precedents.
(NC1-406-85-3/6)
DISPOSITION: Cut off at end of fiscal year. Destroy 3 years after cutoff.
LEGR 7 Legal Precedent Files: Opinions and decisions from Courts and Washington Office and Regional interpretation of law as to Federal-aid highways necessary for ready reference by Regional Counsel and staff. Records copy maintained in Washington Headquarters.
(NC1-406-85-3/7)
DISPOSITION: Destroy when no longer needed.
LEGR 8 Legislation: 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. (NC1-406-85-3/8)
DISPOSITION: Destroy when no longer needed.
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. (NC1-406-85-9)
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 8 years after cutoff.
LEGR 10 Motor Carrier Safety Case Files: Correspondence, court cases, investigations, reports on court proceedings or other actions taken against truckdrivers, and common carriers of passengers and freight pursuant to the Federal Motor Carrier Safety Regulations.
(NC1-406-85-3/10)
DISPOSITION: Place in inactive file when case is closed. Cut off closed case file at end of fiscal year, and transfer to FRC. Destroy 6 years after cutoff.
LEGR 11 Right-of-Way Legal Correspondence: Correspondence, legal opinions for each State in such right-of-way areas as air and sub-surface rights, condemnation, litigation, copies or reviews of State Counsel's operations, relocation assistance and outdoor advertising control. (NC1-406-85-3/11)
DISPOSITION: Destroy files when no longer needed.
LEGR 12 Tort Files: Correspondence, letters, drafts, memoranda, official files and supporting documents related to tort claims which are processed by the Regional Counsel's Office under the Federal Tort Claims Act. (NC1-406-85-3/12)
DISPOSITION: Place in inactive file when case is closed. Cut off closed case file at end of fiscal year. Transfer to FRC 1 year aftercutoff. Destroy 5 years after cutoff.
