Emergency Relief Program Ammon Heier, FHWA ER Coordinator
What to Remember • Time is of the Essence - Urgency • Good documentation is crucial • Early and Ongoing Communication • If you don’t know, ask.
Emergency Relief Program Overview (Purpose and Intent)
Two Separate Federal Disaster Programs • FHWA – Emergency Relief Program • FEMA – Robert T. Stafford Disaster Relief and Emergency Assistance ACT
FHWA ER Manual – November 2009 http://www.fhwa.dot.gov/reports/erm/
FHWA Role • Administer the Emergency Relief Program • Implement Policies and Procedures • Determine eligibility • Provide reimbursement funds • Provide Technical Assistance & Training
State Highway Agency Role • Request Emergency Relief Funding • Identify Damage Sites – Typically ineligible if not a Federal-aid Highway • Complete Emergency Repairs (ER) • Assess Amount of Damage • Administer Permanent Restoration (PR) Projects • Coordinate Locally Administered Projects
Local Agency Role • Help Identify Federal-aid Highways – Typically ineligible if not a Federal-aid Highway • Identify Damage Sites • Complete Emergency Repairs (ER) • Coordinate with State Highway Contacts • Assist in Assessing Damage • Administer Permanent Restoration (PR) Projects
ER PURPOSE • Authorized by Congress in 23 USC, section 125 • Repair or reconstruction of Federal-aid highways and roads on Federal lands damaged by: – Natural disasters – Catastrophic failures from an external cause
DEFINITION • 23 USC 125 (a) – ...result of (1) natural disaster over a wide area such as by floods, hurricanes, ... – ...or (2) catastrophic failures from any external cause ...
NATURAL DISASTER •Floods • Tidal Waves •Hurricanes • Severe Storms • Landslides •Earthquakes • Wildfires •Tornadoes
CATASTROPHIC FAILURE • Sudden or complete failure of highway • Disastrous impact on transportation • Cause must be external – Barge striking pier – Truck crash and fire
ER funds are intended for: • Restoring Fed-Aid Roads to pre-disaster conditions • Replacement-in-kind – Can design to current standards – Can design a replacement bridge for current traffic projections • Providing the State with Additional $$$ (above and beyond annual allotment) to alleviate the burden
ER funds are Not intended for: • Covering all repairs • Constructing new roads • Improving roads • Heavy Maintenance
Emergency Relief Application Process
Funding the Program • $100 million set-aside from the Highway Trust Fund for nationwide coverage in any single year • $100 Million per Event per State • Higher Cap w/Special Legislation • Minimum $700,000 in damages per event and $5,000 per site
APPLICATION PROCESS 1. Governors Proclamation or President’s Declaration 2. Letter of Intent by the State 3. FHWA Acknowledgement 4. FHWA Eligibility Finding by the AZ Division
Traditional Method • Detailed Site Investigations – Detailed Damage Inspection Report (DDIR) • State Requests ER Funds • Damage Survey Summary Report 19
Quick Release • 1-2 Days for finding • Prepare Damage Survey Summary Report (DSSR) • Reserved for disasters where extensive damage is readily evident (obviously eligible) • DDIR’s are completed ASAP for site eligibility and a program of projects approved
Damage Survey Summary Report • Prepared by ADOT and submitted to FHWA AZ Division Office for eligibility determination by the Division Administrator • Content furnished by ADOT: – Description of damage and approximate cost for each County – Description of the limits and destruction w/dates of occurrence – Pictures – one photo of each site w/maps
Emergency Relief Emergency Repairs (ER) vs. Permanent Repairs (PR)
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 pro-rata share beyond 180 days • Important to get started quickly! 2. Permanent Repairs • Restore highway to pre-disaster conditions • Eligible at normal pro rata share at 94.30% or 94.34% (even within 180 days)
Betterments • Added protective features • Changes which modify highway function or character • Betterments are generally not eligible • May be eligible if economically justified as beneficial to the ER program
Activities Not Requiring Prior FHWA Authorization Emergency Repairs (ER) • PE and/or Construction as properly documented • Temporary operations • Incidental Permanent Restoration (PR) • Requires FHWA prior approval and is NOT reimbursable at 100% but at pro-rata share
Activities Requiring Prior FHWA Authorization – Permanent Restoration (PR) • Normal Federal-aid procedures • Preliminary and Construction Engineering & R-O-W • Environmental Clearance (NEPA) • Time Extensions
Emergency Relief Eligibility
Non Federal-aid Highways • NO Local Roads • NO Rural Minor Collectors • Use Functional Classification Maps
Eligibility Limits • Event damage greater than $700,000 • Site damage greater than $5,000 • Debris, Signs, and Signals – Individual locations might not reach $5,000 by themselves – Sometimes combined on an area-wide basis • Subject to approval of the FHWA Area engineer
Eligible Items • Engineering and Right-of-Way • CEI and inspection services • Detours • Traffic damage* • Overlays • Raising grades • Slides • Some work on active construction projects • Toll facilities • Railroad crossings
Eligible Items cont. • Traffic control devices • Landscaping • Roadside appurtenances • Timber and debris removal • Transportation System Management Strategies • Features resulting from the NEPA process • Outside of highway R-O-W* • Administrative expenses • Labor and equipment • Service patrols and police performing traffic control activities
Debris Collection Definitions • First Push – Initial effort to clear roadway includes cut & toss operations to push debris out of traveled way • First Pass – Initial effort to collect debris pushed aside during first push operations – All debris (vegetative & non-vegetative) must be collected at same time as first pass operation – Must be within debris clearing limits
Debris Clearing Limits • Traveled way • Cut and fill slopes • Clear zone • As required for functioning of drainage ditches and structures
Ineligible Items • Pre-existing conditions (i.e. bridge scour) • Heavy maintenance • Traffic Damage* • Frost Heaving • Applicant Owned Material • Erosion Damage • Prior Scheduled Work • Betterments • Maintenance and administration • Inmate labor • National Guard
Ineligible Items cont. • Mine/underground subsidence • Snow and/or ice removal • Emergency/medical transportation services • Mitigation/preventive work prior to disaster • Catastrophic failure from internal cause • Radiological contamination • Transit operation and maintenance costs • Minor pavement damage • Pre-existing conditions
What is heavy maintenance? Includes but not limited to: • Minor damage to eroded shoulders • Filled ditches and culverts • Pavement settlement • Mud and minor debris deposits • Slope sloughing • Slip-outs in cut or fill slopes
Heavy Maintenance
Emergency Relief Detailed Damage Inspection Report (DDIR)
Decision Steps for DDIR 1. Damage due from event 2. Maintenance 3. Heavy Maintenance 4. Pre-existing condition 5. Damage on FHWA eligible route 6. Damage meets FHWA dollar threshold • $5,000 or greater per site
Detailed Damage Inspection Report What it IS: – In most cases, one is written per site – It is a preliminary cost estimate – It is a determination of eligibility – It is a brief description of the scope of work – It is used to support our request to HQ for Emergency Relief funding
Detailed Damage Inspection Report What it is NOT: – It is not a contracting mechanism • Is never to be used to indicate actual scope, quantities, or prices to the contractor – It is not a NEPA determination or approval – It is not authorization to begin Permanent Restoration work
Phases of the DDIR Two Phases 1. Initial DDIR – Used to establish estimates and eligibility – Major items of work required 2. Revised DDIR – Costs increase or decrease from initial estimates – Need information to justify the increases – Upon receipt of adequate backup • Cost increase approved • FMIS authorization signed
DDIR Team Members • FHWA/State – Team Leader • State and/or Local Agency Representatives • FEMA and/or NEMA Representatives • Specialists: – Geotech – Hydrologist – Biologist – Cultural Specialist – Structures – R-O-W Specialist – Environmental Generalist
Damage Assessment • Estimate only • Provides a basis for allocation of funds • Actual cost will be reimbursed • Prior Approval for Revised DDIR
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