Emergency Relief for Federally Owned Roads (ERFO)

1. Emergency Relief for Federally Owned Roads (ERFO)

2. Objective for Today • Program Basics • Betterments • Funding and Stewardship • Q & A

3. ERFO 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)

4. ERFO Program Intent • 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

5. When Disaster Strikes • Initiate Emergency Repairs • Restore essential traffic • Protect remaining facilities • Prevent additional damage • Maintain eligibility for reimbursement • Keep records, time sheets, equipment hours • TAKE PICTURES

6. Notify • 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

7. Disaster Assessment • ERFO Coordinator and Applicant prepare a Disaster Assessment Report • ERFO Coordinator makes recommendation • FLH Division Engineer makes final determination (Positive or Negative Finding)

8. Disaster Assessment • 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

9. Disaster Approval Criteria • Natural event: Unusual, Sudden, and unprecedented • Widespread Area: Several Counties or Presidential or Governor Disaster Declaration • Serious: $700,000 ( Combined)/$3,000

10. Program of Projects Approval • 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

11. Project 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

12. Disaster 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

13. SOME IMPORTANT POINTS

14. ERFOEmergency 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

15. ERFOPermanent 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

16. Permanent RepairProject 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?

17. Permanent RepairProject 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

18. Withdrawn from theProgram 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

19. REVISED 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

20. ERFO 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

21. BETTERMENTS

22. Betterment 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

23. Betterment 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

24. Betterment 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

25. Betterment Eligibility • Betterment justification must be through a Benefit/Cost analysis • Submit proposal to the ERFO Coordinator for approval