Emergency Relief Program

Description: Congress authorized in Title 23, United States Code, Section 125, a special program from the Highway Trust Fund for the repair or reconstruction of Federal-aid highways and roads on Federal lands which have suffered serious damage as a result of (1) natural disasters or (2) catastrophic failures from an external cause. This program, commonly referred to as the emergency relief or ER program, supplements the commitment of resources by States, their political subdivisions, or other Federal agencies to help pay for unusually heavy expenses resulting from extraordinary conditions.

The applicability of the ER program to a natural disaster is based on the extent and intensity of the disaster. Damage to highways must be severe, occur over a wide area, and result in unusually high expenses to the highway agency. Applicability of ER to a catastrophic failure due to an external cause is based on the criteria that the failure was not the result of an inherent flaw in the facility but was sudden, caused a disastrous impact on transportation services, and resulted in unusually high expenses to the highway agency.

Funds Available: $100 million in annual authorization. By law, the FHWA can provide up to $100 million in ER funding to a State for each natural disaster or catastrophic failure that is found eligible for funding under the ER program (commonly referred to as the $100 million per State cap). Also, the total ER obligations for U.S. Territories (American Samoa, Commonwealth of Northern Mariana Islands, Guam, and Virgin Islands) is limited to $20 million in any fiscal year. For a large disaster that exceeds the $100 million per State cap, Congress may pass special legislation lifting the cap for that disaster.

Federal Share: Approved ER funds are available at the pro-rata share that would normally apply to the Federal-aid facility damaged. For Interstate highways, the Federal share is 90 percent. For all other highways, the Federal share is 80 percent. Emergency repair work to restore essential travel, minimize the extent of damage, or protect the remaining facilities, accomplished in the first 180 days after the disaster occurs, may be reimbursed at 100 percent Federal share.

How to Apply: It is the responsibility of individual States to request ER funds for assistance in the cost of necessary repair of Federal-aid highways damaged by natural disasters or catastrophic failures. A notice of intent to request ER funds filed by the State Department of Transportation with the FHWA Division Office located in the State will initiate the ER application process.

Publications Available:

Emergency Relief Manual -- This electronic version of the ER manual is intended to be an "interim update" of the printed version that was originally published in September of 1998. This interim version reflects changes that were made to the regulation governing the ER program (23 CFR 668 Subpart A) and clarifying wording to various provisions. It is the intent to review the regulation and manual for a more comprehensive update, following upcoming reauthorization of the Federal surface transportation programs. As with the printed manual the electronic version provides guidance to assist States in applying for ER funds and making damage assessments, detailed inspections, and eligibility determinations.

A Guide to the Federal-Aid Highway Emergency Relief Program -- This printed brochure provides an overview of the ER program in layman's language and is available from the FHWA Office of Program Administration by calling (202) 366-0494.

Contact: Mr. Greg Wolf, Emergency Relief Program Engineer, Telephone (202) 366-4655