Transportation ConferenceShepherdstown, WV

August 29 – 30, 2006

Emergency Relief Emergency Relief forfor

Federally Owned Roads (ERFO) Federally Owned Roads (ERFO)

U.S. Department of Transportation

Federal Highway Administration

Objectives

Provide basic ERFO Program information:

Highlights Program Flow Charts and interface Funding process and requirements Funding from FY 03-06 and constraints

ERFO Program PersonnelERFO Program Personnel

ERFO Program Manager Donald Patrick (202) 366-9491

ERFO Coordinators EFLHD - Sergio Mayorga (571) 434-1547 CFLHD – Michael Daly (720) 963-3551

Andy Byra (720) 963-3550 WFLHD - David Hilgendorf (360) 619-

7620

Federal Lands HighwaysDivision Offices

Lakewood, CO

Vancouver, WA

Sterling,VA

ERFO ON INTERNET

http://www.eflhd.fhwa.dot.gov/erfo/index.htm

ERFO Program ERFO Program ManagerManager Nationwide Program Responsibilities

Management oversight and leads overall quality assurance (uniformity and consistency)

Issues guidance, policy and procedures Reviews eligibility appeals and makes

recommendations Program stewardship (FLMA’s and FLHD’s) Resolves conflicts between ER and ERFO

Programs Determines eligibility Administers funds, tracking methods and

accountability

ER and ERFOER and ERFO ER Annual appropriation ($100

million) provided on October 1st ER Divides between States and ERFO

ER (typically >85%) ERFO (typically <15%)

Supplemental Appropriations

ERFO Program ERFO Program HighlightsHighlights

Minimum threshold for each disaster is $700,000

Minimum threshold for each damaged site is $5,000

Time Extensions will not be granted due to lack of funds

ERFO Program

Purpose: Repair or reconstruct Federally

owned or designated roads that have suffered serious damage by a natural disaster over a wide area

or by a catastrophic failure

When Disaster StrikesWhen Disaster Strikes

Initiate Emergency Repairs Restore essential traffic Protect remaining facilities Prevent additional damage

Maintain eligibility for reimbursement Keep records, time sheets, equipment

hours TAKE PICTURES

ERFO Program HighlightsERFO Program HighlightsERFO Program ERFO Program HighlightsHighlights

Only serious damage is eligible

Serious damage severely impairs the safety, capacity, or usefulness of a road or bridge and is considered beyond the scope of heavy maintenance

Heavy Maintenance is work normally performed after frequently occurring intense natural events

ERFO Program HighlightsERFO Program ERFO Program HighlightsHighlights

Restoration in‑kind to pre‑disaster conditions is the predominant type of repair Replacement Facilities may be

constructed to a higher standard if repair is not practical or economically feasible

Betterments may be approved if economically justified

ERFO Program ERFO Program HighlightsHighlights

Only damage to roads that are Open to Public Travel is eligible Passable by standard passenger

autos and open to the general public(pg. A-7)

Roads open less than 5 months each year will be approved for funding on a case-by-case basis

ERFO Program HighlightsERFO Program ERFO Program HighlightsHighlights

Pre-disaster deficiencies are not eligible for ERFO funding due to lack of maintenance

Deteriorated, leaking, piping culverts Obstructed ditches

Damage in areas identified as a scheduled (future) project in a Multi-year Plan (i.e., STIP’s, TIP’s and 5-yrs.) are not eligible for ERFO funding

Within the DAMAGE AREA, we would cover repairs

not previously scheduled

ERFO Program HighlightsERFO Program Highlights

TRAILS: (pg. 4-3)

National Trails designated by Congress under the National Trails System Act of 1968

Trail Bridges on other trails that provide the only access to significant points of interest (case-by-case basis)

ERFO Program HighlightsERFO Program Highlights

Quick Release Request: (pg. 3-4)

After the positive disaster finding by the FLHDE and before the POP is approved

To make emergency repairs to re-establish vital transportation system(s) after a catastrophic or major natural disaster

Requests are viewed on a case-by-case basis

Emergency repairs do not require prior approval CFR668.205(d)

Permanent Repairs must have prior program approval CFR668.209(a)

Title 23 CFR Summary

Title 23 CFR Title 23 CFR SummarySummary

do not

must

ERFO DISASTERS BY YEAR

9

38

23

19

8

5

9

1212

22

33

22

11

0

5

10

15

20

25

30

35

40

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

YEAR

EVENTS

$$$$$$$$

Total Approved ERFO Program by: FLM Agencies

FY ’03

thru FY ’06

(July 9th)

BIA - - - BLM - - - BOR - - - COE - - - FWS - - - FS - - - - SDDC - - NPS - - -

28.8 M 4.1 M0.0 M0.1 M2.4 M

114.8 M0.1 M

29.6 M$179.9 M

Backlog = $83.3 M

$

$

$

Total Approved ERFO Program by: FLH Division

FY ’03 thru

FY ’06(July 9th)

EFL - - -

CFL - - -

WFL - - -

54.6 M

17.7 M

35.1 M$107.4 M

Backlog = $26.0 MTotal Backlog = $109.3 M

ERFO FLOW CHARTDisaster Occurs

Begin Emergency

Repairs

Notification Letter

Note Disaster

Disaster Assessment

Update Spreadsheet

Negative Finding

Update Program of Projects

ERFO Funds

Available?

Transfer Funds FLMA/FHWA

Track Funds With

FLMA/FLHD

Eligible for

Funding?

Positive Finding Issued

Write DSR

Applicant 's Program of

Projects

Program Approval

Construction

Status Reports

Disaster Close Out

End of Disaster

Other funds

available?

Reprioritize Program

Seek Reimbursement

FLMA

FLH Division FHWA HQ

Sites not repaired/exceeded

Timing window/remove from Program of Projects

no

no

no

yes

yesyes

FHWA

(pg. 2-1)

COMMUNICATION FLOWSCOMMUNICATION FLOWSCOMMUNICATION FLOWS

WFL ERFO Coordinator

ERFO Program Manager

EFL ERFO Coordinator

CFL ERFO Coordinator

FLMA Program Manager (Headquarters)

FLMA Coordinator

FLMA Coordinator

FLMA Coordinator

Disaster Occurs Notice of Intent (NOI): FLMA submits by letter to FLHDE within 2 weeks, not later than 6 weeks Acknowledge NOI: FLHDE replies by letter within 7 calendar days Disaster Assessment: FLHD completes as soon as practical Disaster Assessment Report: FLHD completes ASAP following Disaster Assessment Positive/Negative Finding: FLHDE replies by letter within 6 weeks after the receipt of the NOI Program of Projects (POP) Request: FLMA submits within 3 months after the date of the Positive

Finding (unless an Time Extension is granted in writing) POP Approval: FLHDE completes within 30 calendar days Funds Request: FLMA should immediately submit for current fiscal year obligations Emergency Repairs: FLMA must complete within 2 months of accessibility to the site(s). Permanent Repairs: FLMA must award construction contract by the end of the second fiscal year following

the fiscal year in which the disaster or catastrophic failure occurred. This allows from 25 to 36 months to complete PE and begin CN. Projects may be withdrawn from the POP unless a time extension is approved by the FLHDE.

Time Extension Justification: FLMA must submit to the FLHDE for approval at least 60 days prior to the

end of the second fiscal year following the fiscal year in which the disaster occurred. Lack of funds is no justification for TE.

Disaster Repair Status Report: FLMA must submit by December 31st for the preceding fiscal year. Funds will be withheld if reporting requirements are not met.

Annual ERFO Funds Request: FLMA must submit needs for the next fiscal year to the FLH ERFO

Program Manager by September 15th. Disaster Repair Closeout Report: FLMA should submit the final closeout report to the FLHDE within 6

months after the final inspection. Project Closeout/Funds Reconciliation: FLMA should complete permanent repairs and closeout the

disaster within 4 years of the date of the disaster.

DISASTER DISASTER OCCURSOCCURS

FLOWCHARTFLOWCHART

ERFOEnvironmental Compliance

Environmental compliance and permits are the responsibility of the lead agency

Full EligibilityFull Eligibility

Federal Roads Open to Public Travel Passable by standard passenger

auto, without restrictive gates, prohibitive signs or regulation other than restrictions based on size, weight, or class of registration

(pg. A-7)

Eligibility Eligibility StatementsStatements

Only Serious Damage is eligible Serious Damage is damage that

severely impairs the safety, capacity, or usefulness of a highway and is beyond the scope of heavy maintenance (pg. A-9)

Restoration in-kind to pre-disaster conditions is expected

1st - Serious DamageSerious Damage is a prerequisite.

2nd - In-Kind RepairIn-Kind Repair to pre-disaster conditions.

3rd - When repair is not practical or economically feasible construct replacement facilityreplacement facility in the original location or in new location at the least cost.least cost.

Eligibility Eligibility ReviewReview

Limited Funding Limited Funding AvailableAvailable

Trails are eligible as follows: Designated by the U.S. Congress as a

National Trail (National Trails System Act of 1968, as amended)

Trail bridges on other trails that provide the only access to significant points of interest

An integral part of an eligible damaged roadway

IneligiblIneligiblee

Refuge Road

ERFO Funds

ERFO Funds

FLH ERFO Program Manager

FLMA National

HeadquartersField Units

FLHD’s

Force Accounts

Contracts

Reimbursable Agreements

With States & Counties

FLHD Managed FLMA Projects

FLH ERFO Program Manager

Aug. – Sept.: FLH requests FY 2006 Needs from FLMA’s and FLHD’s

Oct. 1st: ER Annual Appropriation ($100 million)

Oct. – Nov.: ER requests ERFO FY 2006 Funding Needs

Oct. – Dec. : FHWA’s Advice of Funding (SF-370’s) for FLHD’s Unobligated FY 2005 funds

Oct. – Dec.: End of FY Reconciliation of FLMA’s Unobligated Balances (SF-133’s)

FY 2006 General FY 2006 General Funding Funding SequenceSequence

Oct. – Dec.: FLMA’s and FLHD’s FY 2006 ERFO Project Priorities

Mar.: FHWA’s Advice of Funding (SF-370’s) for FLMA’s Unobligated Balances FY 2005 funds per Agency

Current Statue:

Received FHWA’s Advice of Funding (SF-370’s) for FLHD’s Unobligated FY 2005 funds on Oct. 28th for PC-09W, PC-08X and PC-08W (FY05 Hurricane Supplemental Appropriations Act).

Oct – Jul: FLH has make 61 funding requests

FY 2006 General FY 2006 General Funding Funding SequenceSequence

Pending Actions:

FY 2006 Funds from ER

FHWA’s SF-370’s of End of FY 2005 Reconciliation of FLMA’s Unobligated Balances

FY 2006 General FY 2006 General Funding Funding SequenceSequence

Delay with DOT’s distribution of the $100 million between the States and FLH Office (ERFO)

From FY 2000 - 2005 distribution completed Mar. – Apr.

FY 2005 ERFO funds received in Aug. 2006 FY 2006 ERFO funds?

Delay with FHWA’s SF-370’s Reconciliation of End-of-Year Unobligated Funds Prior year Awards and Construction contracts on HOLD

Lack of End-of-Year Status information

Funding Funding ConstraintsConstraints

Disaster RepairDisaster RepairStatus/Closeout ReportStatus/Closeout Report (pg. (pg.

C-29)C-29)

Consequence forConsequence for Lack of Reporting Lack of Reporting

Fund transfers could be delayed

End-of-Fiscal Year Reconciliation data (SF-133’s)

End-of-Year Status Reports

Funding Funding ShortageShortage

Use unobligated ERFO funds from another disaster Must obtain approval from ERFO

Program Manager Use Applicant’s funds

Reimbursement will be limited to the approved POP amount

Funding Funding ShortageShortage

Use FLHP funds Forest Highway, Park Roads and Parkways,

Indian Reservation Roads, Refuge Roads Must obtain approval from affected parties

Time extensions will not be approved when projects are delayed due to lack of funds

Funding Funding PrioritiesPriorities

Reimbursement (Payback) Applicant funds FLHP funds

Current Fiscal Year Needs CE and Contract Modifications PE and Contract Award

(pg. C-27)

Expected Outcomes

Understanding the basic ERFO Program: Highlights Flow of information between FLMA’s,

FLHD’s and Headquarters Funding process and requirements FHWA funding constraints

“THE END”

Thank You