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Emergency Relief Manual

Chapter I - Introduction

1. Purpose of Manual

   This manual is an "interim update" of the emergency relief (ER) manual that was published in September of 1998. It provides updated guidance and instructions on the Federal Highway Administration's (FHWA) emergency relief (ER) program. This manual provides information for FHWA, State, and local transportation agency personnel on policies and procedures for requesting, obtaining and administering ER funds. This "interim update" manual replaces the Emergency Relief Manual, Publication Number FHWA-PD-98-054, published in September 1998.

   The manual covers only those criteria and procedures applicable to the ER program for Federal-aid highways, these being public highways other than those functionally classified as local roads or rural minor collectors. Procedures relating to the ER program for roads on Federal lands that are not Federal-aid highways are outlined in Advance Copy, Emergency Relief for Federally Owned Roads Disaster Assistance Manual, Publication Number FHWA\FLP98\005. Copies of this manual can be obtained from the Federal Lands Highway Office, HFPD-5, 400 Seventh Street SW, Washington DC 20590. Damage to highway facilities that are neither Federal-aid highways nor roads on Federal lands may be eligible for other Federal funds authorized by the Stafford Act, P. L. 93-288, administered by the Federal Emergency Management Agency (FEMA). The FEMA publication, Public Assistance Guide, October 1999, presents a brief overview of their programs. Copies of this guide may be obtained from the FEMA publications center by calling 1(800) 480-2520, or by searching under "Public Assistance Guide" at www.fema.gov. An electronic version of this Manual may be accessed at www.fhwa.dot.gov/programadmin/publicat.htm.

2. Program Overview

   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.

   Examples of natural disasters include floods, hurricanes, earthquakes, tornadoes, tidal waves, severe storms, or landslides. A catastrophic failure is defined as the sudden and complete failure of a major element or segment of the highway system that causes a disastrous impact on transportation services. The failure must be catastrophic in nature. Additionally, in order to be eligible for ER, the cause of the failure must be determined to be external to the facility. Both conditions must be satisfied. A bridge suddenly collapsing after being struck by a barge is an example of a catastrophic failure.

   ER funds are not intended to cover all damage repair costs nor interim emergency repairs costs that will necessarily restore the facility to predisaster conditions. State and local highway agencies must expect additional expenditures, changes in project priorities, and some inconvenience to traffic as a result of emergency conditions. State and local governments are responsible for planning and providing for extraordinary conditions. Economic hardship is not a factor in determining repair eligibility. Although there is no nationwide definitive monetary break point between what is considered routine and extraordinary repair expenses the FHWA has determined that eligible ER repair activities in a State in the range of $700,000 (Federal share) or more are usually significant enough to justify approval of ER funds.

   By law, the FHWA can provide up to $100 million in ER funding to a State, or to Federal agencies, for each natural disaster or catastrophic failure event that is found eligible for funding under the ER program (commonly referred to as the $100 million per State cap). Because of the limited amount of money authorized annually for the ER program and the likelihood that a number of states will experience ER events, funding for large events is likely to be provided over a two (or more) year time period. Also, the total ER obligation for US 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.

   The ER funds are available for permanent repairs and for work accomplished more than 180 days after an event at the pro rata Federal-aid 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. The Federal share can increase in States with high percentages of Federally owned public lands (known as "sliding scale rates"). Emergency repair work to restore essential traffic, minimize the extent of damage, or protect the remaining facilities, accomplished in the first 180 days after the occurrence of the disaster, may be reimbursed at 100 percent Federal share. During this 180-day period, permanent repair work is reimbursed at normal pro rata share unless permanent repair is performed as an incidental part of emergency repair work.

   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. The ER program also applies to catastrophic failures (sudden and complete failures due to an external cause) and which result in a disastrous impact on transportation services and unusually high expenses to the highway agency. Failures due to an inherent flaw in the facility itself do not qualify for ER assistance.

   For natural disasters, Federal interagency coordination is handled through an interagency agreement between the FEMA and 11 other Federal agencies with hazard mitigation responsibilities. Hazard mitigation teams are activated immediately following a disaster. The FEMA's publication "Flood Hazard Mitigation Handbook of Common Practices" documents the appropriate activity.

   In general, the FHWA Division Administrator must evaluate a Damage Survey Summary Report, discussed in Chapter V, and make a finding that a disaster is eligible within the intent of the law and applicable regulations before ER funds can be made available. A limited amount of funding may be made available under the "Quick Release" method outlined in Chapter III. The role and responsibilities of the FHWA in ER activities under Sections 120 and 125, 23 U.S.C. are:

   1. Administration of the ER program through coordination and implementation of disaster relief policies and procedures.

   2. Assistance to State, Federal, or other highway agencies in seeking application for funds.

   3. Technical assistance to the State, Federal, or other highway agencies in the review, design, repair, and reconstruction of damaged highway facilities.

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