FHWA Emergency Relief Program. Emergency Relief Program

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1 FHWA Jeff Horton, Area Engineer FHWA Washington Division Hurricane Katrina

2 Loma Prieta, CA Earthquake SR 530 Oso Landslide Skagit River Bridge Collapse

3 Statute 23 U.S. Code 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. 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 3

4 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 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 4

5 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) 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) 5

6 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 DDIR Form - DOT Form

7 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 DDIR Form Instructions 7

8 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 predisaster condition 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 8

9 Emergency / Temporary Repairs - Examples Removal of debris Erection and removal of barricades and detour signs Flagging and pilot cars during the emergency period Construction of temporary roadway connections (detours) Removal of drift piling up on bridges Emergency / Temporary Repairs - Examples 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 9

10 Emergency / Temporary Repairs - Examples 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 Emergency / 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 (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% 10

11 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 Incidental Permanent Repairs - Examples Placing more surfacing than needed to restore essential traffic Installing permanent signs Installing permanent striping Installing guardrail Installing landscaping beyond erosion control 11

12 Incidental 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 (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% Permanent 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. 12

13 Permanent Repairs Prior FHWA approval - Required Federal Share (within 180 days) 86.5% Federal Share (after 180 days) 86.5% 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 13

14 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 Betterments - Examples 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 14

15 Betterment - Examples 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 Betterments Economic Analysis Projected cost to the ER program from potential recurring damage over the design life for the basic repair vs Cost of the betterment. Does not consider: traffic delays costs, added user costs, motorist safety, economic impacts, etc. 15

16 Various Activities Generally Eligible for ER Funds 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 Engineering and ROW Damage caused by 3 rd party Pavement Damage Caused by Response to Event Accepted Work on Active Construction Projects Landscaping if Incidental to Other Damage 16

17 Various Activities Generally Eligible for ER Funds 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 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 17

18 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 Typical Activities Not Eligible Snow and Ice Removal Sites with Damage less than $5,000 Damage to Pavement Aggravated by Traffic Services Provided by First Responders 18

19 Typical Activities Not Eligible 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 Heavy Maintenance 23 CFR 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. 19

20 Heavy Maintenance Examples Repair of minor damage to eroded shoulders Cleaning out filled ditches and culverts Repair of pavement settlement Removal of mud and debris deposits Repair of slope sloughing Repair of slip-outs in cut or fill slopes 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. 20

21 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) - 1 st 180 days of event After 180 days - funding at pro-rata share Timeliness Obligate permanent repairs by the end of the 2 nd federal fiscal year following the fiscal year in which the event occurred Example Event occurs on Dec 15, CN must be obligated by Sep 30, Time extension may be granted by Division Submit bills for reimbursement for timely manner 21

22 Need 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 Guidance Documents 22

23 Questions? 23