Federal Highway Administration Emergency Relief (ER) Program

1. Federal Highway AdministrationEmergency Relief (ER) Program Brian Hogge Field Operations Team Leader July 2013

2. 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)

3. General Requirements • Disaster Declaration • Federal-aid highway or federal lands roadway • Minimum event threshold is $700,000 • Minimum site threshold is $5,000

4. Funds Available • Annual Authorization of $100,000,000 • Supplemental Appropriations provided by Congress • Unneeded funds withdrawn from states

5. Federal-aid Highways • Federal-aid highways other than those functionally classified as: • Local Road • 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.

6. Two Categories of Repair 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.

7. Two Categories of Repair • 2a. Permanent Repairs concurrent with Emergency Repairs • NEPA not required • Follow Emergency Repair contracting method • Eligible at normal pro rata share (not 100%)

8. Two Categories of Repair • 2. Permanent Repairs • Restore highway to pre-disaster conditions* • *The total cost of a project may not exceed the cost of repair or reconstruction of a comparable facility. A “comparable facility” is a facility that meets the current geometric and construction standards required for the types and volume that the facility will carry over its design life. • Eligible at normal pro rata share

9. Resilience 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.

10. 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

11. Eligible Items • Preliminary Engineering • Construction Engineering • Right-of-Way • Designated Detours • Traffic Damages (limited applicability) • Debris Removal • Traffic Control Devices • Roadside Appurtenances

12. Debris Removal • 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.

13. 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

14. 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

15. Environmental Documents • 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.

16. Environmental Documents • 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.

17. ER Program Changes The 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.

18. 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

19. Questions? Image from June 2012 flood in Duluth, MN