Federal Highway AdministrationEmergency Relief (ER) Program

Brian Hogge

Field Operations Team Leader

July 2013

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Background

Authorized by Congress in 23 USC, Section 125.

Repair or reconstruction of federal-aid highways and roads on federal lands damaged by:

Natural disasters (floods, hurricanes,earthquakes, tornadoes, landslides,wildfires, severe storms)

Catastrophic failures from an external cause (barge striking abridge pier or truck crash and fire)

Disaster Declaration

Federal-aid highway or federal lands roadway

Minimum event threshold is $700,000

Minimum site threshold is $5,000

General Requirements

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Funds Available

Annual Authorization of $100,000,000 Supplemental Appropriations provided by Congress Unneeded funds withdrawn from states

Federal-aid Highways

Federal-aid highways other than those functionally classified as:

a)Local Road

b)Rural Minor Collector

Local roads and rural minor collectors may be eligible for other federal aid, but they are not eligible for FHWA ER funds.

1. Emergency Repairs

Restore essential traffic, minimize the extent of damage, or protect the remaining facilities

Eligible at 100% within 180 days

Eligible at normal share beyond 180 days*

*The 180 day time period for 100% eligibility of emergency repairs will be extended if a State cannot access a site to evaluate damages and the cost of repair.

Two Categories of Repair

Two Categories of Repair

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2a. Permanent Repairs concurrent with Emergency Repairs

NEPA not required Follow Emergency Repair contracting method Eligible at normal pro rata share (not 100%)

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Two Categories of Repair

Resilience

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Design and construction of repairs should consider the long-term resilience of the facility. Resilience as the capability to anticipate, prepare for, respond to, and recover from significant multi-hazard threats with minimum damage to social well-being, the economy, and the environment. A risk-based analysis should be used when designing and constructing repairs to ensure they are cost effective and to reduce the potential for future losses. The analysis should apply the best available scientific and economic information to forecast and assess future risk factors.

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Betterments

Betterments are added protective features

Changes that modify highway function or character

Betterments are generally not eligible

May be eligible if economically justified as beneficial to the ER program

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Eligible Items

Preliminary Engineering

Construction Engineering

Right-of-Way

Designated Detours

Traffic Damages (limited applicability)

Debris Removal

Traffic Control Devices

Roadside Appurtenances

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Debris deposited as a direct result of the disaster

Other debris may be eligible for FEMA funding*

Some debris removal may be considered “emergency repair” Removal to outside edge of shoulder

Debris considered to be a safety hazard

Additional debris removal (within right-of-way) is eligible as permanent repair

*In certain instances, debris removal previously eligible for ER funding will only be eligible for FEMA funding. See the ER Manual for details.

Debris Removal

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Contract Requirements

Emergency repairs do not require prior FHWA authorization

Permanent repairs require prior FHWA authorization

Generally, ER contract requirements are the same as regular federal-aid projects

Pre-established emergency repair contracts may be used

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Davis-Bacon

Required for any construction work

Not required for debris removal only without any incidental construction

Davis-Bacon requirements may only be waived by a Presidential Executive Order

Environmental Documents

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Emergency Repairs:

23 CFR 771.117(c): The following actions meet the criteria for CEs… and normally do not require any further NEPA approvals by the Administration.

Emergency repairs are classified as categorical exclusions under 23 CFR 771.117(c)(9)(i).

Other “c list” activities include landscaping, rideshare activities, bus and rail car rehabilitation, etc.

Environmental Documents

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Permanent Repairs:

23 CFR 771.117(c): The following actions meet the criteria for CEs… and normally do not require any further NEPA approvals by the Administration.

Permanent repairs are classified as categorical exclusions under 23 CFR 771.117(c)(9)(ii).

Other laws still apply Threatened & Endangered Species Act Clean Water Act Etc.

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ER Program ChangesThe State should submit to the FHWA Division Administrator a program of projects which defines the work needed to restore or replace the damaged facilities within 3 months of the receipt of the initial disaster notification.

States are required to submit an application for ER funding to FHWA within two calendar years of the date of the disaster. The application must include a comprehensive list of all eligible project sites and repair costs.

ER projects shall be promptly constructed. Projects that have not advanced to the construction obligation stage by the end of the second fiscal year following the disaster occurrence will not be advanced unless suitable justification is provided to warrant retention is furnished to the FHWA.

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Programmatic Agreement Signed in March 2012 Allows programmatic approval instead of case-by-case

approvals Permanent repairs performed concurrently with emergency repairs Force account work and contracting methods

Sets a threshold for programmatic approvals of $150,000 per site

Allows MnDOT to sign DDIRs under $150,000 per site Outlines eligibility and guidance for each type of work Requires DDIR completion within 12 weeks of completion of

work for Emergency Repairs and within 180 days of date of disaster for Permanent Repairs

Questions?

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Image from June 2012 flood in Duluth, MN