Emergency Relief for Emergency Relief for Federally Owned Roads Federally Owned Roads
(ERFO)(ERFO)
Objective for TodayObjective for Today
• Program BasicsProgram Basics
• BettermentsBetterments
• Funding and StewardshipFunding and Stewardship
• Q & AQ & A
ERFO AuthorizationERFO Authorization• Title 23 U.S.C., Section 125
– Authorizes both the ER and ERFO Programs• Title 23, CFR, Part 668 – Emergency Relief
Program – Subpart A - Procedures for Federal-Aid
Highways (ER)– Subpart B – Procedures for Federal Agencies
for Federal Roads (ERFO)
• The intent of the program is to – repair or reconstruct Federally owned or
designated roads – that have suffered serious damage – by a natural disaster over a wide area – or by a catastrophic failure
ERFO Program IntentERFO Program Intent
• Initiate Emergency Repairs– Restore essential traffic – Protect remaining facilities– Prevent additional damage
• Maintain eligibility for reimbursement– Keep records, time sheets, equipment hours– TAKE PICTURES
When Disaster StrikesWhen Disaster Strikes
NotifyNotify
• Phone call to FLMA ERFO Coordinator• Regional Office
– Assesses damage from all units– Informal Notice of Intent (NOI)– Formal NOI to FLH Division Engineer within 2
weeks of event• NOI sent later than 6 weeks may be rejected
Disaster AssessmentDisaster Assessment
• ERFO Coordinator and Applicant prepare a Disaster Assessment Report
• ERFO Coordinator makes recommendation
• FLH Division Engineer makes final determination (Positive or Negative Finding)
• Eligible Roads, Bridges and Trails
– Roads & Bridges : Open to Public Travel (Passenger Car)
– Trails: National Trails – Damage to the Facility must be beyond Heavy
Maintenance– Pictures
Disaster AssessmentDisaster Assessment
– Natural event: Unusual, Sudden, and unprecedented
– Widespread Area: Several Counties or Presidential or Governor Disaster Declaration
– Serious: $700,000 ( Combined)/$3,000
Disaster Approval CriteriaDisaster Approval Criteria
Program of Projects Program of Projects ApprovalApproval
• Applicant and FHWA conducts detailed site inspections and prepares DSRs
• Applicant submits their Program of Projects (POP) Letter and submits DSRs for review
• FHWA sends Approved POP Letter which establishes the list of approved projects and any approval conditions– Required prior to beginning Permanent Repairs
Project ProgressProject Progress
• Applicant tracks progress through a Disaster Repair Status/Closeout Report
• Project Timeline– Force Account Repairs – completed by the end
of the second fiscal year following the disaster– Contract Repairs – awarded by the end of the
second fiscal year following the disaster
Disaster CloseoutDisaster Closeout
• Applicant submits Final Disaster Repair Status/Closeout Report
• ERFO Coordinator prepares Closeout Letter and Report – May conduct in-depth review of selected
projects
• ERFO Program Manager reconciles funds with the Applicant
• SOME IMPORTANT POINTS
ERFOERFOEmergency RepairsEmergency Repairs
• Categorically Excluded (Cat. Ex.) from the need to prepare an EA or EIS under FHWA’s NEPA implementing regulations (23CFR 771.117(c)(9))– A Categorical Exclusion must be prepared
ERFOERFOPermanent RepairsPermanent Repairs
• Program approval required before permanent repairs begin
• Environmental compliance and permits are the responsibility of the lead agency
• Projects must be given prompt attention and priority over non-emergency work
Permanent RepairPermanent RepairProject Timing and PriorityProject Timing and Priority
• Projects not completed within the time period must be granted a time extension to remain eligible
• Time Extensions evaluated as follows:– Project advanced on a priority basis?– Another disaster enlarged the damage?– Significant environmental or public
involvement?– On-going litigation?
Permanent RepairPermanent RepairProject Timing and PriorityProject Timing and Priority
• Time extensions will not be granted for:– Lack of agency or ERFO funds– Force Account projects
• Submit time extension requests 60 days prior to the end of the eligibility period
• Time extensions are needed on an annual basis until the project is under construction
WithdrawnWithdrawn from thefrom the
Program of ProjectsProgram of Projects• Projects not completed timely and
projects without time extensions are no longer considered emergency projects– Only costs expended during the eligible
period are reimbursable
REVISED DSRREVISED DSR
• The cost variance (estimated to actual) is more than $20,000 for Damage Survey Reports less than $100,000.
• The cost variance (estimated to actual) is more than 20 percent for Damage Survey Reports over $100,000.
• Scope of Repairs Change
ERFO STATUS REPORTSERFO STATUS REPORTS
• One Status Report each year– Actual obligation/expenditure for each site
• Disaster Closeout Process– In-depth review of selected sites– Closeout Report– Funds reconciliation
BETTERMENTSBETTERMENTS
Betterment DefinitionBetterment Definition
• Added features or facilities NOT existing prior to the Natural Disaster or Catastrophic Failure– Replacement Facilities are not considered
betterments– Project mitigation measures are not considered
betterments
Betterment ExamplesBetterment Examples
• Betterments that may be justifiable– Adding scour protection– Replacing a culvert with a bridge– Lengthening or raising bridges– Raising road grade– Deepening channels– Increasing number or size of culvert
Betterment ExamplesBetterment Examples
• Betterments that would be difficult to justify– Adding lanes, widening shoulders– Upgrading a surface from gravel to ACP– High cost items when current damage is
minimal
Betterment EligibilityBetterment Eligibility
• Betterment justification must be through a Benefit/Cost analysis
• Submit proposal to the ERFO Coordinator for approval