Companion Guide to Video March 2016

www.fhwa.dot.gov/federal-aidessentials

When disaster strikes, the Federal Highway 

Administration's (FHWA’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 

Federal-aid Program Overview

Emergency Relief (ER)

Emergency versus Permanent Repairs

When applying for ER funds, agencies must identify which projects are 

emergency repairs and which involve permanent restoration
Federal-aid Essentials for Local Public Agencies

accomplish emergency repairs, whether it’s 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 timeconsuming. 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 

highway 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 that 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 
Federal-aid Essentials for Local Public Agencies

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 80-90 percent. 

Classifying the type of repair correctly often 

determines whether the States 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, 
Federal-aid Essentials for Local Public Agencies

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 percent, 

while the permanent repairs were paid back at 

the appropriate Federal share, which was 80

percent 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.
Federal-aid Essentials for Local Public Agencies

The content of this 

document is not a 

substitute for 

information obtained 

from State departments 

of transportation, 

appropriate FHWA 

Division Offices, and 

applicable laws. 

Scenarios have been 

simplified for emphasis 

and do not necessarily 

reflect the actual range of 

requirements applicable 

to the scenario or this 

topic. This document

was created under 

contract number 

DTFH63-11-F-00066 by 

the Federal Highway 

Administration, U.S. 

Department of 

Transportation, and is 

offered to the public to 

heighten and focus 

awareness of Federal-aid 

requirements within the 

local public agencies 

community and 

reinforces the 

importance of these 

necessary policies, 

procedures, and 

practices.

This Companion Resource 

is the script content for 

the video production of 

the same name. 

Additional Resources

• FHWA’s Emergency Relief Program Web site

http://www.fhwa.dot.gov/programadmin/erelief.cfm

• FHWA Order 5182.1 - Emergency Relief Program responsibilities

http://www.fhwa.dot.gov/legsregs/directives/orders/51821.cfm

• FHWA’s Emergency Relief Manual

http://www.fhwa.dot.gov/reports/erm/er.pdf

• Emergency Relief questions and answers related to MAP-21

http://www.fhwa.dot.gov/map21/qandas/qaer.cfm

• FHWA’s Web site covering Emergency Relief for Federally Owned Roads 

(ERFO)

http://www.efl.fhwa.dot.gov/programs/erfo.aspx

• FHWA’s Contract Administration Core Curriculum providing an overview 

of Federal contracting requirements

http://www.fhwa.dot.gov/programadmin/contracts/coretoc.cfm

• FEMA’s policy and guidance covering public assistance

http://www.fema.gov/public-assistance-policy-and-guidance

• FEMA facts sheet on debris removal on Federal-aid Highways

http://www.fema.gov/media-library/assets/documents/29617?id=6640