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Office of Chief Counsel

Fred R. Wagner
Chief Counsel

Mission

The mission of the Office of the Chief Counsel is to provide the Federal Highway Administration (FHWA) with accurate, useful, timely, and comprehensive legal advice and services. The Office of the Chief Counsel supports the FHWA's relationships with its partners through outreach and cooperation on legal matters relating to Federal transportation programs.

General Functions

Chief and Deputy Chief Counsel

As the principal legal officer of the Federal Highway Administration, the Chief Counsel is the legal advisor to the Federal Highway Administrator, Deputy Administrator, Executive Director, Associate Administrators, Director of Field Services, Division Administrators, and Federal Lands Highway Division Engineers. The Deputy Chief Counsel assists the Chief Counsel in all matters, and acts for the Chief Counsel as directed by the Chief Counsel or in the Chief Counsel's absence. The Deputy Chief Counsel is the agency's ethics officer.

Correspondence addressed to the Chief Counsel (HCC-1) and Deputy Chief Counsel (HCC-2) should be sent to Room E82-328 (HCC), U.S. Department of Transportation, 1200 New Jersey Ave., S.E., Washington, D.C. 20590-9898.

Legislation and Regulations Division

Performs all legal services and coordinates all legal activities in connection with the FHWA's legislative program, including the drafting of legislation and the preparation of comments on pending bills. Drafts legislative proposals, prepares reports on legislation, prepares testimony and Congressional hearing briefing materials, responds to Congressional inquiries involving legislative matters, attends Congressional hearings and other Congressional staff meetings to assist committees and Department of Transportation witnesses, and provides technical assistance to Congress.

Provides legal services in connection with the development and coordination of all FHWA regulations and reviews directives and rulemaking actions for legal sufficiency and compliance with applicable Federal laws, Executive Orders, and regulations. Processes material prepared for publication in the Federal Register and coordinates the rulemaking process with the Office of the General Counsel, the Office of Management and Budget, and the Office of the Federal Register.

You can contact this office by writing to the Assistant Chief Counsel for Legislation and Regulations, Room E82-328 (HCC-10), U.S. Department of Transportation, 1200 New Jersey Ave., S.E., Washington, D.C. 20590-9898.

For additional information about FHWA legislation and regulations, including legal links, please visit www.fhwa.dot.gov/legsregs/legislat.html

Program Legal Services Division

Performs all legal services relating to the FHWA's external programs (except Intelligent Transportation System and technology-related programs). Provides legal counsel and assistance on the environmental, social, and economic aspects of the Federal-aid highway program, including the application of all environmental laws to the Federal-aid programs, intermodal, metropolitan, and state-wide programs; civil rights matters relating to planning, reconstruction and program administration; land acquisition, land use, condemnation, control of right-of-way, airspace utilization, and relocation assistance. Responsibilities include providing legal counsel and assistance relating to the Highway Beautification Program (outdoor advertising and junkyard control); all infrastructure programs including toll roads, bridges, tunnels, congressionally sponsored high priority projects and the emergency relief and ferry boat programs; highway operations; Federal-Aid contract administration; suspensions and debarments; labor requirements; the disadvantaged business enterprise (DBE) program; and project finance, including the Transportation Infrastructure Finance and Innovation Act credit program; innovative finance; the value (congestion) pricing program; and public/private partnerships. The Division provides all legal services under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, including services relative to carrying out the Department of Transportation's lead agency responsibilities under this Act.

Provides legal services and reviews certifications of compliance in matters related to vehicle size and weight, designation of the National Network for large commercial vehicles, and reasonable access to the National Network. In addition, provides legal services related to the Department's highway safety programs and grants with the goal of reducing roadway-related fatalities and injuries. This includes program areas such as: highway-rail grade crossing safety, pedestrian/bicycle safety, run-off-the-road crashes and guardrail safety, roadway hazard elimination, work zone safety, speed management, aggressive driving and red-light running prevention, minimum drinking age, seat belt usage, drunk driving and standard blood alcohol levels enforcement, repeat offenders penalties, open containers laws, drug offender's license suspension, and uniform traffic control devices.

Responsible for litigation involving the subject matters assigned to the Division, before any court, board or administrative body. The Division has responsibility, together with the Field Legal Services Divisions for litigation in the appellate court.

You can contact this office by writing to the Assistant Chief Counsel for Program Legal Services, Room E82-328 (HCC-30), U.S. Department of Transportation, 1200 New Jersey Ave., S.E., Washington, D.C. 20590-9898.

Administrative and Technology Law Division

Performs all legal services relating to the FHWA's internal programs, as well as Intelligent Transportation System (ITS) and a portion of international matters. Provides legal services regarding the following topics: appropriations and fiscal law; contracts, cooperative agreements, grants; compliance with Federal internal civil rights laws; intellectual property matters (trademarks, copyrights, patents); ethics/conflict of interest matters; research and development, technology matters; personnel matters; employee witness testimony matters; suspension/debarment actions under the Federal Acquisition Act; Freedom of Information and Privacy Act matters; Federal Advisory Committee Act matters; and litigation involving the subject matters assigned to the Division, before any court, board or administrative body.

You can contact this office by writing to the Assistant Chief Counsel for Administrative and Technology Law, Room E82-328 (HCC-40), U.S. Department of Transportation, 1200 New Jersey Ave., S.E., Washington, D.C. 20590-9898.

Field Legal Services Divisions

Co-located with the Resource Centers (Eastern, Southern, Midwestern, and Western), these legal services divisions directly serve the FHWA Division Offices and the Resource Center within the Resource Cdnter geographic boundaries. All legal sufficiency reviews, related matters associated with the preparation of environmental documents, and work with the Department of Justice in the defense of challenged environmental actions are handled by the field legal offices. In addition, these offices provide legal support on such external and other program matters as Freedom Of Information Act, requests for employee testimony, grants administration, Disadvantaged Business Enterprises, tort claims, and the American with Disabilities Act, and on such internal matters as personnel actions, employment discrimination, and ethics training and issues. This support and assistance includes representing the Agency before administrative boards or tribunals, and working with the Department of Justice with regard to Agency matters that are the subject of proceedings in Federal or state court. These offices also work closely with attorneys representing the State Highway Departments on matters of common legal interest. The Field Legal Services Divisions and the appropriate Chief Counsel's Division in Headquarters consult with one another on matters as needed and to utilize specialized areas of expertise.

Correspondence to the Field Legal Services Divisions should be addressed to the Assistant Chief Counsels for the Divisions as follows:

Eastern States:
Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Virginia, Vermont, West Virginia

Assistant Chief Counsel for Eastern Legal Services
Office of the Chief Counsel
Federal Highway Administration
Suite 4000
10 S. Howard Street,
Baltimore, Maryland 21201-2819

Southern States:
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, Puerto Rico, South Carolina, Tennessee, Texas

Assistant Chief Counsel for Southern Legal Services
Office of the Chief Counsel
Federal Highway Administration
Suite 8M5
60 Forsyth Street, S.W.
Atlanta, Georgia 30303

Mid-West States:
Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, Wisconsin

Assistant Chief Counsel for Mid-West Legal Services
Office of the Chief Counsel
Federal Highway Administration
One Prairie Office Center
4749 Lincoln Mall Drive
Suite 600
Matteson, Illinois 60443

Western States:
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, North Dakota, South Dakota, Oregon, Utah, Washington, Wyoming

Assistant Chief Counsel for Western Legal Services
Office of the Chief Counsel
Federal Highway Administration
Suite 1630
201 Mission Street
San Francisco, California 94105

Federal Lands Legal Team

The Federal Lands Legal Team attorneys serve as Counsel to each of the three Federal Lands Highway Divisions. A senior member serves as Team Leader. The Team also provides all legal services to the Associate Administrator for Federal Lands Highway Program. A fourth senior attorney of the team is responsible for all Indian law matters.

The Division Counsels serve as Legal Counsel to the Federal Lands Highway Division Engineer. They also provide any legal services required by the Division - including defense of Construction Claims (claims brought by Contractors), investigation and defense of Tort Claims (claims brought against the Government for injuries or property loss arising from actions of the Government and its employees), Freedom of Information Act reviews and defense, personnel actions, legal review of procurement actions, environmental review and defense, and development of specifications. They serve on the Division's Quality Leadership Team in the development of policies and procedures for the Division. They advise the Division Staff on the interpretation of the laws and regulations that apply to administration of the officers, including personnel, procurements, internal civil rights, and other such matters.

You can contact the Federal Lands Legal Team by writing the Federal Lands Legal Team Leader at 12300 West Dakota Avenue, Lakewood, CO 80228.

For useful legal links available on the Web please visit: www.fhwa.dot.gov/legsregs/legislat.html



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