Companion Guide to Video March 2016

www.fhwa.dot.gov/federal-aidessentials

When disaster strikes, the Federal Highway 

Administration's (FHWA) Emergency Relief, 

or ER, program can help State and local 

agencies fund repairs to roads, bridges, and 

other infrastructure eligible for Federal-aid. 

FHWA wants you to understand the ER 

program so that your agency is quickly 

reimbursed for work to restore critical 

transportation for the public. 

So, what defines a disaster or emergency 

event? The ER program covers two types of 

events: 

Natural disasters such as floods, 

hurricanes, tornadoes, and earthquakes; 

and catastrophic failures of bridges or other 

infrastructure due to external causes, such 

as a barge collision or an oil tanker 

explosion. 

Which facilities and costs are eligible? 

Usually, the repair work within the right of 

way of Federal-aid highways is eligible to 

receive ER funds. Agencies should work 

with their State department of 

transportation, or DOT, to identify eligible 

facilities as they begin recovery efforts. 

Other expenses such as engineering, right 

of way, and indirect costs may also be 

covered. 

ER funds are intended to address 

immediate needs and to restore damaged 

facilities to pre-disaster conditions. 

Permanent construction can cover repairs 

that bring facilities to current standards and 

expected traffic requirements. Additionally 

Federal-aid Program Overview

Emergency Relief (ER)

Program Overview and Eligibility

Knowing how the ER Program works helps agencies quickly receive the 

emergency funding they need
Federal-aid Essentials for Local Public Agencies

improvements referred to as betterments 

may be eligible if costs are justified, 

because betterments generally increase the 

resilience of a facility to withstand future 

disasters. 

Some costs, however, are not eligible, such 

as those for evacuations, routine 

maintenance, or repairs not related to the 

disaster. 

It's also important to know there are costs 

thresholds for a qualifying disaster event. 

The estimated Federal share of all repairs 

for an event should be at least $700,000,

and each individual site repair should be at 

least $5,000 to be eligible. 

In addition to cost thresholds, all disasterrelated construction contracts must comply 

with Federal requirements. These include 

the National Environmental Policy Act, Buy 

America, the prevailing wage provisions of 

the Davis-Bacon Act, the Americans with 

Disabilities Act, and Equal Employment 

Opportunity. Construction contracts must 

also contain FHWA Form 1273, a collection 

of required Federal-aid contract provisions. 

Another key concept is emergency-versuspermanent repairs. Emergency repairs 

should begin immediately to restore traffic 

and limit damage to remaining facilities with 

the ER funding requested as soon as 

possible. Permanent repairs restoring the 

facility to pre-disaster conditions require 

prior FHWA authorization. 

Emergency and permanent repairs must be 

coordinated to avoid rework and to obtain 

the most cost effective solution. Where the 

situation warrants, permanent repairs may 

be done with emergency work.
Federal-aid Essentials for Local Public Agencies

Eligible emergency repairs completed within 

the first 180 days after the disaster event 

are paid out of a Federal share of 100

percent. Approved permanent repairs, or 

emergency repairs completed after 180 

days, are paid at a lesser Federal share, 

usually 80-90 percent. 

Let's talk about some other funding sources 

that may be available to complement 

FHWA’s ER program. 

A disaster may trigger relief from the 

Federal Emergency Management Agency, 

or FEMA, if the President makes a Federal 

disaster declaration. Roadways that are not 

Federal-aid highways and not eligible for 

FHWA ER funding could be eligible for 

FEMA assistance. In addition, FEMA 

funding may pay for debris removal on 

Federal-aid highways. 

In addition, States and local agencies must 

pursue any damage claims with private 

insurance companies when appropriate. If 

claims are paid, agencies must reimburse 

FHWA for any ER funds previously 

distributed. 

Let's look at a hypothetical example of how 

the standard application method works for 

FHWA ER funds. 

Hurricane Megan strikes several coastal 

counties, causing extensive damage to 

State and local roads. The governor makes 

a disaster proclamation. Local agencies 

cooperate with the DOT to submit a letter 

notifying the FHWA division office that the 

State will seek ER funding. The State and 

local agencies have already begun making 

emergency repairs. 

FHWA’s division administrator confirms in 

writing receipt of the notification letter. She 

assigns a disaster coordination engineer 

from her staff to manage FHWA ER support 

guided by the FHWA emergency relief 

manual to ensure eligibility and proper 

oversight. FHWA’s disaster coordination 

engineer works with his counterpart 

organizing Federal, state and local 

representatives to jointly assess the 

hurricane’s damage to Federal-aid 

highways. 
Federal-aid Essentials for Local Public Agencies

The team expedites the initial disaster 

assessment to estimate the overall scope of 

damage, and whether individual site repairs 

meet cost thresholds for funding. These first 

evaluations are primarily drive by 

inspections of a sample of sites, with a few 

complex sites requiring more detailed 

inspections. Although preliminary, the team 

uses the Detailed Damage Inspection 

Report Form, or DDIR, to document the 

initial damage assessments, including 

photographs and sketches. 

Within six weeks after the event, the DOT 

submits a Damage Survey Summary 

Report, called a DSSR, as the first 

application for ER funds. The DSSR 

documentation justifies the events eligibility, 

estimated cost, and known repair sites by 

referencing damage assessments such as 

the current set of DDIRs. 

The division administrator evaluates the 

DSSR, determines eligibility, and requests 

estimated ER funding from FHWA 

headquarters. The division administrator 

also notifies the State of FHWA’s decision. 

Within three months after the disaster 

eligibility finding, the DOT submits the 

detailed program of projects updating the 

application and defining the work needed to 

restore damaged facilities. 

Documentation includes detailed 

inspections of each site recorded on DDIRs 

to justify all known sites and costs. The 

DSSR and the program of projects along 

with associated DDIRs are part of the 

official and evolving application for ER 

funding. The DOT coordinates with FHWA 

to revise the application as needed and

submits the final version within two years of 

the disaster event. 

This example covered the standard 

application method, which can also be used 

with a quick-release application option 

covered in another module. 

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