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FHWA Emergency Relief Program

• Jeff Horton, Area Engineer• FHWA Washington Division

Emergency Relief Program

Hurricane Katrina - 2005

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Loma Prieta, CA Earthquake -1989

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Skagit River BridgeCollapse - 2013

SR 530 OsoLandslide - 2014

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Emergency Relief ProgramStatute

• 23 U.S. Code § 125 - Emergency Relief

– (a) In General.—Subject to this section and section 120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, roads, and trails, in any area of the United States, including Indian reservations, that the Secretary finds have suffered serious damage as a result of—

• (1) a natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or

•

• (2) catastrophic failure from any external cause.

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Applicability

• Natural Disaster– Based on extent and intensity of the disaster

– Damage to highways must be severe

– Occurred over widespread area

– Resulted in unusually high expenses to highway agency

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Applicability

• Catastrophic Failure Due to External Cause– Not due to inherent flaw in facility

– Failure was sudden

– Resulted in disastrous impact to system

– Resulted in unusually high expenses to highway agency

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Funding the Program

• $100 million set-aside from the Highway Trust Fund for nationwide coverage in any single year

• No cap per event per State– Eliminated with MAP-21

• Minimum $700,000 (Federal share) threshold in damages per event

• Match requirements vary

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An Event

• Collection of damaged sites

• Needs to meet the Applicability requirements– Severe damage, widespread, sudden failure, etc.

• Requires a Governor’s Proclamation or President’s Declaration– Nature of the event

– Area effected

– Dates damage occurred

• Minimum $700,000 (Federal share)

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A Site

• Location where highway damage has occurred– Adjoining locations with similar damage can be

combined into one site

• Damage directly attributable to eligible event

• Highways must be part of Federal-aid system– Rural minor collectors and local roads are not

eligible

• Restore to pre-disaster condition

• Repair cost $5,000 per site (minimum)

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Site Approval

• Detail Damage Inspection Report (DDIR)– Details the site’s damage

– Describes scope of repairs

– Provides estimated costs for repair• Cost estimates can be refined later

– Serves as the basic justification and cost document

– Form is usually completed by Local Agency

– Signed by Local Agency Staff, WSDOT Region Local Programs Staff, and FHWA Area Engineer

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DDIR Form - DOT Form 300-001

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DDIR Form• Recently updated

– Expect to be rolled out with next LAG Manual update

– Format is MS Word

– Boxes are expandable

– Instruction for completing form are provided.

– Drop down list for functional classification

– Check boxes available to indicate share (100% or 86.5%)

– Box for Revision Number

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DDIR Form

Instructions

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ER Repair Categories

• Emergency / Temporary Repairs– Repairs made during or immediately after the

disaster to stabilize the site.

• Incidental Permanent Repairs– Permanent repairs completed at the same time as

the temporary/emergency/stabilization repairs

• Permanent Repairs– Repairs undertaken after the site has been

stabilized to restore to the facility to its pre-disaster condition

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Emergency / Temporary Repairs

• Restore Essential Traffic

• Minimize Damage

• Protect Remaining Facilities

• Includes work that cannot wait for a finding of eligibility or to be programmed

• Minimal design effort required

• Maintenance forces often have capabilities to complete repairs

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• Removal of debris

• Erection and removal of barricades and detour signs

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• Flagging and pilot cars during the emergency period

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• Construction of temporary roadway connections (detours)

• Removal of drift piling up on bridges

Emergency / Temporary Repairs - Examples

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• Placing riprap around piers and bridge abutments to relieve severe on-going scour action

• Placing riprap on the downstream slopes of approach fills to prevent scour from overtopping

• Erection of temporary detour bridges


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• Replacement of washed out embankments and approach fills

• Regrading of roadway surfaces, roadway fills, and embankments

• Resurfacing to restore essential traffic

• Temporary substitute highway traffic service, including ferry or transit service


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Emergency Relief ProgramEmergency / Temporary Repairs

• If need to contract out work, usually performed on a force account or an emergency contract basis

• Repairs categorically excluded from NEPA requirements under 23 CFR 771.117(c)(9) – Other environmental regulations still required (ESA,

Section 106, 4f) – Must notify regulatory agencies prior to beginning work

• Prior FHWA approval - Not Required• Federal Share (within 180 days) - 100%• Federal Share (after 180 days) – 86.5%

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Incidental Permanent Repairs

• Permanent repairs that are completed concurrently with emergency repairs

• Work not necessary to restore essential traffic, minimize the extent of damage, or protect the remaining facilities– More practical or economical to perform work with

emergency repairs instead of waiting for permanent repair phase

• Minimal design effort required

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• Placing more surfacing than needed to restore essential traffic

• Installing permanent signs

• Installing permanent striping

• Installing guardrail

• Installing landscaping beyond erosion control

Incidental Permanent Repairs - Examples

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Emergency Relief ProgramIncidental Permanent Repairs

• If need to contract out work, usually performed on a force account or an emergency contract basis

• Repairs categorically excluded from NEPA requirements under 23 CFR 771.117(c)(9) – Other environmental regulations still required (ESA,

Section 106, 4f) – Must notify regulatory agencies prior to beginning work

• Prior FHWA approval - Not Required• Federal Share (within 180 days) – 86.5%• Federal Share (after 180 days) – 86.5%

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Emergency Relief ProgramPermanent Repairs

• Restore highway to pre-disaster condition– Propose only those repairs that you would do if ER

funds were not paying for the repairs. Don’t ask for additional repairs just because ER funding is involved

• Projects follow normal federal-aid procedures• FHWA authorization• NEPA clearance• Design Approval• Permits• Right of Way Certification• PS&E• Advertisement Period• Etc.

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Permanent Repairs

• Prior FHWA approval - Required

• Federal Share (within 180 days) – 86.5%

• Federal Share (after 180 days) – 86.5%

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Permanent Repairs

• Restoration-in-Kind– Most common– Fix the damaged elements

• Replacement-in-Kind– When not technically or economically feasible to

restore-in-kind

• Replacement-in-Kind in a new location– Rare but may be justified when replacement at

original location is not feasible

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Betterments

• An added protective feature– The idea: This feature wasn’t here before but if we

added it now, damage like this won’t happen again

• A change that modifies the function or character of the facility

• Eligibility for ER funding– Requires an economic analysis

• Must result in long term savings to FHWA’s ER program

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• New wall to prevent slide material from covering road in a future event

• Installing new riprap to protect against future erosion

• Lengthening bridge to increase waterway opening for a future flood

• Raising the grade of road to eliminate future overtopping

Betterments - Examples

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• Adding scour protection at a bridge or along an embankment

• Pavement widening

• Changing road surfacing from gravel to pavement

• Increasing vertical clearance of a bridge

Betterment - Examples

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Betterments

Economic Analysis

Projected cost to the ER program from potential recurring damage over the design life for the basic repair

vsCost of the betterment.

– Does not consider: traffic delays costs, added user costs, motorist safety, economic impacts, etc.

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• Repair damaged pavement and shoulders

• Repair damaged slopes and embankments

• Repair damaged bridges and culverts

• Repair damaged retaining walls

• Damage to Bike and Pedestrian Paths– If within highway ROW

Various Activities Generally Eligible for ER Funds

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• Engineering and ROW

• Damage caused by 3rd

party

• Pavement Damage Caused by Response to Event

• Accepted Work on Active Construction Projects

• Landscaping – if Incidental to Other

Damage


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• Projects and project features resulting from the NEPA Process

• Transportation System Management (TMS) Strategies

• Designated Detours & Transit / Ferry Service

• Damage to Guardrail, Signs & Traffic Control Devices

• Remove debris from Highways


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Debris Removal – FHWA’s or FEMA’s?

• If eligible thru FEMA then not eligible thru FHWA

• FEMA Eligible when:– Presidential Declaration and FEMA determines

that debris removal is eligible under Stafford Act. (Category A)

• SR 530 Oso Slide debris removal was eligible thru FEMA.

• FHWA covered all other eligible repairs

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Debris Removal – FHWA’s or FEMA’s?

• FHWA Eligible when:– Governor makes an emergency or disaster

declaration but the President does not make an emergency or a major disaster declaration under the Stafford Act

– President declares an emergency or a major disaster but FEMA determines that debris removal

is not eligible under the Stafford Act

– Governor's declaration covers counties that are not included in the President's declaration

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• Snow and Ice Removal

• Sites with Damage less than $5,000

• Damage to Pavement Aggravated by Traffic

• Services Provided by First Responders

Typical Activities Not Eligible

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• Failure due to gradual and progressive deterioration or lack of proper maintenance

• Preventative Work to Prevent Damage in Anticipation of Disaster

• Debris Removal Eligible for FEMA Funding

• Heavy Maintenance

Typical Activities Not Eligible

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Heavy Maintenance

• 23 CFR 668.103 defines it as:– Work usually done by highway agencies in

repairing damage normally expected from seasonal and occasionally unusual natural conditions or occurrences. It includes work at a site required as a direct result of a disaster which can reasonably be accommodated by a State or local road authority's maintenance, emergency or contingency program.

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• Removal of mud and debris deposits

• Repair of slope sloughing

• Repair of slip-outs in cut or fill slopes

Heavy Maintenance – Examples

• Repair of minor damage to eroded shoulders

• Cleaning out filled ditches and culverts

• Repair of pavement settlement

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Heavy Maintenance Considerations

• Magnitude of damage

• Nature of the repair work

• Capabilities of the agency to complete the repairs.

• It is not the intent of the ER program to relieve an agency of funding its maintenance responsibility simply because a storm of unusual character and extent causes serious damage to roads.

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Timeliness

• Expectation – Repairs (temp and perm) will be completed repairs in a timely manner

• DDIRs submitted within 3 months of event– Site may not be eligible

• 100% reimbursable (emergency/temporary) - 1st

180 days of event– After 180 days - funding at pro-rata share

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Timeliness

• Obligate permanent repairs by the end of the 2nd

federal fiscal year following the fiscal year in which the event occurred– Example – Event occurs on Dec 15, 2016. CN must be

obligated by Sep 30, 2019.

– Time extension may be granted by Division

• Submit bills for reimbursement for timely manner

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Emergency Relief ProgramNeed Help?

Regulation

• 23 CFR Part 668 – Emergency Relief Program– Subpart A – Procedures for Federal-Aid Highways

Guidelines

• FHWA Emergency Relief Manual (2013)

• WSDOT LAG Chapter 33 – Emergency Relief Program

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Guidance Documents

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Questions?

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