Federal Highway Administration FHWA

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Federal Highway Administration (FHWA)

• Emergency Relief (ER) Program

By Jerry Pitts, P.E.
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What is Federal-Aid Emergency Relief (ER)
Program?

• Emergency relief is a special program from
  the Highway Trust Fund for the repair or
  reconstruction of Federal-aid highways which have
  suffered serious damage as a result of (1)
  natural disasters or (2) catastrophic failures
  from an external cause.

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• Natural disasters include floods, hurricanes,
  earthquakes, tornadoes, tidal waves, severe
  storms, or landslides.
• Catastrophic failure is defined as the sudden
  and complete failure of a major element or
  segment of the highway system that causes a
  disastrous impact on transportation services. The
  failure must be catastrophic in nature.
  Additionally, in order to be eligible for ER, the
  cause of the failure must be determined to be
  external to the facility. Both conditions must be
  satisfied. A bridge suddenly collapsing after
  being struck by a barge is an example of a
  catastrophic failure.

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Eligibility for Emergency Relief funds

• The damage must be severe and wide spread
  (Presidential Disaster Declaration).
• Eligible cost of the damage must exceed 700,000
  state wide per disaster event.
• Damage at each site must exceed 5,000.

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Emergency Relief Program has two major categories

• Emergency Repair
• Permanent Repair.

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Emergency Repair

• Emergency repairs are those repairs during and
  immediately following a disaster to restore
  essential traffic, to minimize the extent of
  damage, or to protect the remaining facilities.
• These repairs can begin immediately following a
  disaster, and prior FHWA approval is not
  required.
• Properly documented costs will later be
  reimbursed once the FHWA Division Administrator
  makes a finding that the disaster is eligible for
  ER funding.

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Emergency Repair

• Emergency repair work, accomplished in the first
  180 days after the occurrence of the disaster,
  may be reimbursed at 100 percent Federal share.
• Emergency repairs accomplished more than 180 days
  after the event may be reimbursed at 90 percent
  for interstates and 80 percent for all other
  highways.

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Permanent Repairs

• Permanent repairs are those repairs undertaken
  (usually after emergency repairs have been
  completed) to restore the highway to its
  predisaster condition.
• Permanent repairs must have prior FHWA approval
  and authorization unless done as part of the
  emergency repairs.
• Permanent repair work is reimbursed at normal pro
  rata share unless permanent repair is performed
  as an incidental part of emergency repair work.
• Permanent repair reimbursement after an event
  will be 90 percent for interstates and 80 percent
  for all other highways.

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What is Eligible under the ER Program?

• Generally, all elements of the highway
  within its cross section (right-of-way) damaged
  as a direct result of a disaster are eligible for
  repair under the ER program. This includes, but
  is not limited to, elements such as pavement,
  shoulders, slopes and embankments, guard rail,
  signs and traffic control devices, bridges,
  culverts, bank control features, bike and
  pedestrian path, fencing, and retaining walls.
• The intent of the ER program is to fund
  repairs to damaged roadways caused by a natural
  disaster or catastrophic failure, not repairs to
  roadways damaged as a result of preexisting and
  non-disaster related, i.e., inherent deficient
  conditions.

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What is Eligible under the ER Program?

• Engineering and Right-of-Way
• Detours
• Overlays
• Roadside Appurtenances
• Timber and Debris Removal
• Etc.

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What is ineligible Under the ER Program?

• ER funds are not intended for all damage
  repair costs. Only that repair work which exceeds
  heavy maintenance, is extraordinary, and will
  restore predisaster service is eligible.
• Damage Estimate Under 5,000 per Site
• Applicant - Owned Material
• Prior Scheduled Work
• Emergency/Medical Transportation Services
• Mitigation/Preventive Work Prior to Disaster
• Catastrophic Failure from Internal Cause

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What Classifies as a Federal-aid Route?

• A Federal-aid route is based on the State
  Highway Functional Classification
• Rural Any route above a Minor Collector.
• Urban Any route above a Local Road.
• Color coded maps delineate FHWA/ FEMA routes.

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Federal-aid Routes
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What determines a site?

• The Emergency Relief Manual leaves it to the
  Division Offices to define a site. The Louisiana
  Division Office defines a site as follows
• Rural route within a parish.
• (ex. US 190, US 90, Hwy 1)
• Each bridge on a rural or urban route.
• Route in a large urban area (Baton Rouge, Lake
  Charles, etc.).
• A small urban area (urban routes).

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Conclusion

• Federal-Aid ER is a reimbursement program, not a
  GRANT.
• Each entity must maintain good records and
  invoices of work completed.
• Permanent repair work must have prior FHWA
  approval.

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Questions???
Jerry Pitts, P.E. Federal Highway
Administration 225-757-7618
http//www.fhwa.dot.gov/reports/erm