When disaster strikes, the Federal Highway Administration's Emergency
Relief, or ER program, can help fund repairs to roads bridges and other
infrastructure eligible for federal aid. Your state Department of Transportation,
or DOT, will guide the ER efforts with support from the FHWA Division office.
The ER program has two parts
covering emergency repairs and permanent repairs. Understanding the differences is
crucial to receiving the appropriate reimbursement of funds. ER funding
applies only to the parts of the facility damaged by the disaster. FHWA’s
initial acknowledgement letter generally authorizes only emergency
repairs with approval for permanent repairs coming later. The DOT categorizes
the emergency and permanent repairs in the ER program of projects submitted for
FHWA approval after immediate work has already begun. The program of projects
includes documented damages and estimates for each repair site on the
Detailed Damage Inspection Report form, or DDIR. The FHWA authorizes funding for
all eligible and documented repairs at this time, including for emergency work
already completed. Here's a quick overview of key requirements and
guidance for emergency repairs:
Emergency repairs are to restore essential traffic, minimize the extent of damage, or
protect remaining facilities. The DOT and local agencies should begin
emergency repairs right away while the DOT is also requesting ER program
funding from FHWA. Engineering is not typically needed for the construction of
emergency repairs.
The state DOT determines the best approach to accomplish emergency repairs,
whether it be a negotiated contract, using an agency's own forces, or using a
standard bid and contract. Agencies should make emergency repairs in ways
that reduce follow-up
permanent repairs. When immediate permanent work is the most economical, it can be done along
with the emergency repairs. An example would be replacing a bridge where
providing a temporary bridge or detour would be costly and time-consuming.
Damage assessments on the DDIRs need to provide solid justification for this
situation. For emergency repairs,
states receive 100 percent reimbursement during the first 180 days after the
disaster.
Here's a quick overview of the key requirements and guidance for permanent
repairs:
Permanent repairs are meant to restore a high with facility to its pre-disaster
condition. This can cover repairs that bring a facility to current standards
and requirements, known as a comparable facility. A betterment is a common ER
term which comes into play when the damaged infrastructure cannot be
restored to its pre-disaster condition. Examples of measurements would be
rebuilding roadways at higher elevations, or raising a bridge. Betterments might
also include adding features not present before the disaster such as more lanes,
upgraded pavements or structures. Agencies must justify betterments by
demonstrating a savings to the ER program over time, such as reducing the
need of future repairs.
Permanent repairs completed separately from emergency repairs must be awarded
through free open and competitive bidding, unless the DOT demonstrates
another method is more cost-effective. Contracting techniques such as cost plus
time bidding, shortening the list of qualified contractors, using abbreviated
plans, and shortened advertisement periods for bids can expedite
construction. Reimbursement for permanent repairs even those done along with the
emergency repair work is at the normal federal share for the type of facility,
which is typically 80 or 90%. Classifying the type of repair correctly often
determines whether the state's receive funding. Examples of eligible emergency
work include controlling traffic,
constructing detours, and providing ferry or transit service. The removal of debris
and slides is eligible although Federal Emergency Management Agency or FEMA
funds may cover this. Emergency repairs might also include placing materials at
washouts to prevent further damage,
regrading roadways, or placing final surfaces may be eligible if needed to
restore essential traffic. As part of eligible permanent repairs, agencies can
replace bridges, build retaining structures, and relocate roadways.
Agencies can also add protective measures, and repair other facilities
such as rest areas. To illustrate the difference between emergency and
permanent repairs, let's look at a flood event that caused damage to the Auburn
River bridge. The bridge was closed to traffic after inspectors raised concerns
that erosion had undermined the foundation. The city provided a temporary
ferry service as an emergency measure while permanent repairs were underway.
As part of the permanent repairs, workers added materials to prevent further
erosion, and additional support around the foundation for structural integrity.
The city had requested a better method to move the foundation out of the river,
but it was determined that this was not cost-effective in the long run. However,
because standards had changed since the bridge was built, the new support was
designed to the current requirements. The emergency repairs were completed in the
first 180 days and reimbursed at 100%, while the permanent repairs were paid
back at the appropriate federal share, which was 80% for this case. Knowing the
difference between emergency and permanent repairs allows the DOTs and
local agencies to apply for and use ER program funds effectively. To learn more
about the Emergency Relief Program, watch the other ER modules in this series. In
addition, ER policies and procedures, such as the quick-release application, can
change to meet the demands of emergency relief support, so please contact your
state Department of Transportation and FHWA Division office for the latest
information.