U.S. Department of Transportation

Federal Highway Administration

Emergency Relief for

Federally Owned Roads

Disaster Assistance Manual

Publication No.: FHWA-FLH-15-001
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Emergency 

Relief for 

Federally

Owned Roads

Disaster Assistance Manual

October 2014

U.S. Department of Transportation

Federal Highway Administration

Washington, DC 20590
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Table of Contents

CHAPTER 1 GETTING STARTED...................................................................................... 1

1 Introduction .................................................................................................................................................1

1.1 Purpose............................................................................................................................................................1

1.2 Program Intent.................................................................................................................................................2

1.3 Authority .........................................................................................................................................................2

1.4 Stewardship and Oversight..............................................................................................................................2

1.5 Overview.........................................................................................................................................................2

1.6 Highlights of Federal Emergency Relief Programs.........................................................................................3

1.7 ERFO Share Payable .......................................................................................................................................4

1.8 Funding ...........................................................................................................................................................4

1.9 Funding Threshold ..........................................................................................................................................5

1.10 Environmental Compliance ............................................................................................................................6

1.11 Economic Hardship.........................................................................................................................................6

1.12 Approvals/Determinations..............................................................................................................................6

1.13 Timing.............................................................................................................................................................6

1.14 Interagency Agreement Needed for Participation in the ERFO Program.......................................................6

CHAPTER 2 THE PROCESS................................................................................................. 7

2 Process Flow Chart......................................................................................................................................7

2.1 Damage/Disaster .............................................................................................................................................9

2.2 Disaster Finding ............................................................................................................................................12

2.3 Damage Survey Report (DSR)......................................................................................................................12

2.4 Program of Projects Proposed by the Applicant............................................................................................15

2.5 Approved Program of Projects (POP)...........................................................................................................15

2.6 Environmental Compliance...........................................................................................................................16

2.7 Construction Contracts and Force Account Repairs......................................................................................17

2.8 Time Limitations...........................................................................................................................................19

2.9 Disaster Status, Unobligated Balance, and Disaster Closeout Reports .........................................................20

CHAPTER 3 FUNDING........................................................................................................ 25

3 Introduction ...............................................................................................................................................25

3.1 ERFO Funding Process.................................................................................................................................25

3.2 Advancing Projects during an ERFO Fund Shortage ....................................................................................28

3.3 Fiscal Responsibility and Reporting Requirements.......................................................................................29

3.4 Fund Reconciliation ......................................................................................................................................32

CHAPTER 4 ELIGIBILITY................................................................................................. 33

4 Introduction ...............................................................................................................................................33

4.1 Eligible Facilities...........................................................................................................................................34

4.2 Cost Limitations............................................................................................................................................35

4.3 Eligible Repair Costs.....................................................................................................................................36

4.4 Betterments ...................................................................................................................................................44

4.5 Environmental Requirements........................................................................................................................45

4.6 Replacement Facilities ..................................................................................................................................46

4.7 Resolving Eligibility Issues...........................................................................................................................46
CHAPTER 5 ROLES AND RESPONSIBILITIES............................................................. 47

5.1 Applicant.......................................................................................................................................................47

5.2 Federal Lands Highway.................................................................................................................................49

5.3 Tribal and Local government entities............................................................................................................53

5.4 Federal Highway Administration ..................................................................................................................55

APPENDIXES............................................................................................................................. 57

Appendix A – Definitions..........................................................................................................................................57

Appendix B – ERFO Disaster Assistance Service Area Reference Matrix...........................................................65

APPENDIX C – CORRESPONDENCE................................................................................... 67

C.1 Notice of Intent..............................................................................................................................................67

C.2 Acknowledgment Letter................................................................................................................................69

C.3 Disaster Assessment Report ..........................................................................................................................70

C.4 Positive Finding Letter..................................................................................................................................71

C.5 Negative Finding Letter.................................................................................................................................72

C.6 Quick Release Request E-mail ......................................................................................................................73

C.7 Quick Release Response E-mail....................................................................................................................74

C.8 Site Inspection Equipment List .....................................................................................................................75

C.9 Damage Survey Report. ................................................................................................................................76

C.10 Applicant’s Program of Projects Letter.........................................................................................................81

C.11 Program of Projects Table.............................................................................................................................82

C.12 Program of Projects Approval Letter ............................................................................................................83

C.13 Request for ERFO Funds ..............................................................................................................................85

C.14 Transfer of ERFO Funds...............................................................................................................................86

C.15 Allocation Memorandum to a Federal Lands Highway Division..................................................................87

C.16 Request for Time Extension ..........................................................................................................................88

C.17 Approval of Request for Time Extension......................................................................................................90

C.18 Annual ERFO Funds Request .......................................................................................................................92

C.19 Request for Closeout .....................................................................................................................................93

C.20 Disaster Status Report ...................................................................................................................................94

C.21 Site Selection for In-depth Review Letter.....................................................................................................95

C.22 Disaster Closeout Submittal ..........................................................................................................................96

C.23 Closeout Letter..............................................................................................................................................97

Appendix D – Law and Regulation ..........................................................................................................................99

D.1 Select Provisions of 23 U.S.C., Highways, Related to the ERFO Program ..................................................99

D.2 Title 23, Code of Federal Regulations.........................................................................................................104

Appendix E – Designated National Scenic and Historic Trails............................................................................109

E.1 National Scenic Trails.................................................................................................................................109

E.2 National Historic Trails...............................................................................................................................109

 
1

CHAPTER 1 GETTING STARTED

1 Introduction 

The Emergency Relief for Federally Owned Roads Program, or ERFO Program, was established 

to assist federal agencies with the repair or reconstruction of tribal transportation facilities, 

federal lands transportation facilities, and other federally owned roads that are open to public 

travel, which are found to have suffered serious damage by a natural disaster over a wide area or 

by a catastrophic failure.

This update to the ERFO Manual incorporates the program changes made by the Moving Ahead 

for Progress in the 21st Century Act (MAP-21) (P.L.112-141). MAP-21 changed the facilities 

that are eligible.

1.1 Purpose

The purpose of this manual is to provide federal land management agencies (FLMA) with 

guidance and instructions to apply for federal assistance. Federal land management agencies 

are “Applicants” under the ERFO Program. Tribal, state, county, etc. (also known as local 

government entities) that have the authority to repair or reconstruct eligible facilities must 

apply through a FLMA.
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1.2 Program Intent

The intent of the ERFO program is to pay the unusually heavy expenses for the repair and 

reconstruction of eligible facilities, which are found to have suffered serious damage by a 

natural disaster over a wide area or by a catastrophic failure (23 CFR §668.201 and 23 CFR

§668.205 (a)). The ERFO program is not intended to cover all repair costs but rather 

supplement FLMA repair programs.

Repairs are classified as either emergency or permanent repairs.

a) Emergency repairs are those repairs undertaken during or immediately after a disaster 

to restore essential traffic, to minimize the extent of damage, or to protect the 

remaining facilities. Prior approval is not required, however all other eligibility 

requirements of the program still apply.

b) Permanent repairs are those repairs undertaken after the occurrence of the disaster to 

restore facilities to their pre-disaster conditions. Prior approval is required.

1.3 Authority

The Emergency Relief for Federally Owned Roads Program is authorized under Title 23, 

United State Code, Sections 120 and 125. This law authorizes an emergency fund and 

expenditure for the repair or reconstruction of eligible transportation facilities that the 

Secretary of Transportation has found to have suffered serious damage as the result of a 

natural disaster over a wide area or as the result of a catastrophic failure.

1.4 Stewardship and Oversight

The Office of Federal Lands Highway is responsible for efficient and effective management

of public funds entrusted by Congress and for ensuring that the ERFO Program is

administered consistent with laws, regulations, and policies. 

Applicants are expected to prioritize the repair of ERFO projects that are in the public's best 

interest, based on available funds. Federal agencies and local government entities have the 

responsibility to perform emergency repairs, shift project and program priorities, give 

emergency relief work prompt attention and priority over non-emergency work, and assist 

the Office of Federal Lands Highway in its stewardship and oversight responsibilities. 

1.5 Overview

Federal and local government entities must be prepared to respond quickly when disasters 

strike. This manual provides applicants with procedural information to enable this quick 

response.

Chapter 1 presents a brief overview of the ERFO program, its statutory authority and intent.

Chapter 2 presents the ERFO Program's administrative process from disaster approval to 

disaster closeout.
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Chapter 3 presents the funding process and includes accountability and reporting 

requirements.

Chapter 4 identifies ERFO eligible facilities and eligible repairs.

Chapter 5 lists roles and responsibilities of an applicant, local government entities, and 

Federal Lands Highway offices.

1.6 Highlights of Federal Emergency Relief Programs

The Federal Government has three emergency relief programs which provide assistance for 

the repair and reconstruction of seriously damaged facilities caused by natural disasters or 

catastrophic events.

1.6.1 ERFO Program

a) Authorized under Title 23, United States Code, Sections 120 and 125.

b) Provides financial assistance for the repair of tribal transportation facilities, 

federal lands transportation facilities, and other federally owned roads that are 

open to the general public for use with a standard passenger vehicle.

c) Funds are provided from the Highway Trust Fund and occasionally the General 

Fund through the Federal-aid Highway Emergency Relief Program.

d) Further clarified under 23 CFR §668, Subpart B; and with interagency 

agreements.

e) The ERFO share payable under this program is 80 to 100 percent of the cost.

1.6.2 Federal-aid Highway Emergency Relief (ER) Program

a) Authorized under Title 23, United States Code, Sections 120 and 125.

b) Provides assistance for roads and bridges on Federal-aid highways. Federal-aid 

highways are public roads that are classified as arterials, urban collectors and 

rural major collectors. 

c) Local roads and rural minor collectors are not eligible.

d) A cost-sharing program established by law between the Federal Government and 

the state transportation departments and/or local highway authorities. The federal 

share ranges from 80 percent to 100 percent.

e) Some ERFO eligible roads are also Federal-aid highways. The state transportation 

department and/or local highway authorities may elect to receive reimbursement 

for eligible repairs from either the ER or ERFO programs for these facilities.
4

f) The FHWA published an Emergency Relief Manual, which includes detailed 

guidance on the Emergency Relief process, including the eligibility of repair work 

for funding. Copies of the manual may be obtained from the Federal Highway 

Administration, Office of Program Administration (HIPA), 1200 New Jersey Ave. 

S.E., Washington, DC 20590-9898; or over the internet at 

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

1.6.3 Robert T. Stafford Disaster Relief and Emergency Assistance Act, Federal

Emergency Management Agency

a) Authorized under Title 42, United States Code, Section 5121, et seq.

b) Grants and eligibility of repairs are determined by individual presidential 

declarations that may authorize local government entities to repair, restore, 

reconstruct, or replace public facilities that are damaged or destroyed by a major 

disaster and for associated expenses incurred by such government.

c) Considered as an alternative funding source to repair damage that is not eligible 

under the ERFO or Emergency Relief programs for local government entities.

For additional information on the Federal Emergency Management Agency (FEMA) 

Program, contact the FEMA Office of Emergency Information and Public Affairs in 

Washington, D.C. A copy of its Public Assistance Guide, FEMA 322, may be obtained 

over the internet at http://www.fema.gov/public-assistance-policy-and-guidance.

1.7 ERFO Share Payable

The total cost of a project may not exceed the cost of repair or reconstruction of a facility that 

meets the current geometric and construction standards required for the types and volume of 

traffic that the facility will carry over its design life (23 U.S.C. Sec. 125). The ERFO share 

payable for repair or reconstruction of eligible facilities varies depending on the nature of the 

repairs, when the work is accomplished, and the facilities being repaired.

a) Tribal transportation facilities and federal lands transportation facilities are eligible 

for 100 percent reimbursement.

b) Other federally owned roads that meet the definition of open to public travel are 

eligible for 100 percent reimbursement for emergency repairs. Permanent repairs are 

eligible for reimbursement at the standard federal share of 80% subject to the sliding 

scale. The sliding scale is available over the internet at 

https://www.fhwa.dot.gov/legsregs/directives/notices/n4540-12a2.htm.

1.8 Funding

Emergency funds are appropriated annually from the Highway Trust Fund. The emergency 

funds may be supplemented by special appropriations out of the Highway Trust Fund or the 

General Fund. During periods of insufficient funds, the agencies should continue to make 
5

necessary repairs using their funds. Other funds obligated shall be reimbursed when ERFO 

funds are available (23 U.S.C. Section 125(c)).

a) When ERFO funds are insufficient to meet anticipated needs, the FLH will place a 

priority on allocating funds for:

(1) Reimbursement (payback) of Applicant funds, including local government entity

funds used on approved ERFO repairs;

(2) Reimbursement of Tribal Transportation Program and Federal Lands 

Transportation Program (TTP and FLTP) funds used on approved ERFO repairs;

(3) Construction engineering and contract modifications for ongoing ERFO 

construction projects;

(4) Emergency repairs of high-use facilities that are critical to the agencies’ mission 

and/or health and welfare of the local community/region; and

(5) Other current fiscal year obligations.

b) ERFO funds will not be approved to supplant other funds for the correction of preexisting, non-disaster related deficiencies nor will ERFO funds be approved for the 

repair or reconstruction of facilities affected by long term, pre-existing conditions, or 

predictable developing situations (23CFR §668.105(b) and 23CFR §668.109(c)(6)).

c) ERFO funds shall not duplicate assistance under another federal program or 

compensation from insurance or any other source. Diligent efforts shall be made to 

recover costs from legally responsible parties to reduce the project costs (23 CFR 

§668.205).

d) ERFO funds will not be approved for heavy maintenance, routine emergency repair 

activities, emergency services (e.g. ambulances, helicopters), repair or relocation of 

utilities, snow removal, or economic losses (e.g., material stockpile or equipment

damage, lost revenue, or personal injury).

e) Agencies may supplement ERFO funds to address agency priorities not approved for 

ERFO funding.

1.9 Funding Threshold

a) The minimum threshold for eligible repair is $700,000 for each natural disaster and

catastrophic failure.

b) The minimum threshold for each site (Emergency and Permanent Repairs) is $5,000.

c) If the combined repairs for an individual natural disaster for all the agencies that 

manage eligible facilities is less than $700,000, the agencies are expected to fund the 

repair costs using their agency funds.
6

1.10 Environmental Compliance

The recipient of ERFO funds is responsible for compliance with all pertinent federal, state, 

and local laws.

1.11 Economic Hardship

Agencies shall strive to anticipate their probable needs for additional funding that may result 

from disaster events and budget accordingly. Economic hardship is not a factor in 

determining eligibility.

1.12 Approvals/Determinations

a) The Director of each Federal Lands Highway Division (FLHD) determines if a 

natural disaster or catastrophic failure is eligible for ERFO funding.

b) The finding for natural disasters will be based on both the extraordinary character of 

the natural disturbance and the wide area of impact. Storms of unusual intensity 

occurring over a small area do not meet these conditions.

c) FLHD Director determination concerning the extraordinary nature of the natural 

disturbance is not necessary when the President issues a Major Disaster Declaration 

under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.).

d) Emergency repairs do not require prior concurrence of the FLHD Director, however 

sufficient documentation, including pictures of the damage must be provided to 

establish eligibility prior to reimbursement. It is incumbent on the agency with 

jurisdiction over damaged facilities to restore essential travel, protect remaining 

facilities, and minimize the extent of damage.

e) Permanent repairs must have prior program approval unless the FLHD Director 

determines that it is more economical or practical to perform such work with the 

emergency repairs.

1.13 Timing

a) Emergency relief projects shall be promptly constructed and given priority over nonemergency work. (23CFR §668.205 (b) and (e)).

b) Projects not under construction by the end of the second fiscal year following the year 

in which the disaster occurred will be reevaluated and will be withdrawn from the 

approved program of projects unless suitable justification is provided by the agencies 

to warrant retention 23CFR§668.205 (e).

1.14 Interagency Agreement Needed for Participation in the ERFO Program

Participation in the ERFO program requires a national interagency agreement be in place 

prior to release of funds.
7

CHAPTER 2 THE PROCESS

2 Process Flow Chart
8

ERFO PROCESS TIMELINE

Disaster Occurs

Notice of Intent (NOI): FLMA submits by letter to FLHDE within 45 days

Acknowledge NOI: FLHD Director replies by letter within 14 calendar days

Disaster Assessment: FLMA and FLHD complete as soon as practical

Disaster Assessment Report: FLHD completes ASAP following Disaster Assessment

Positive/Negative Finding: FLHD Director replies by letter within 6 weeks after the receipt of the NOI

Program of Projects (POP) Request: FLMA submits within 3 months after the date of the Positive Finding 

POP Approval: FLHD Director completes within 30 calendar days

Funds Request: FLMA submits for current fiscal year obligations 

Emergency Repairs: FLMA completes within 180 days of the damage

Permanent Repairs: FLMA must award construction contract by the end of the second fiscal year following the 

fiscal year in which the disaster or catastrophic failure occurred. This allows from 25 to 36 months completing

design and beginning construction. Projects may be withdrawn from the POP unless a time extension is approved by 

the FLHD Director

Time Extension Justification: FLMA must submit to the FLHD Director for approval at least 60 days prior to the 

end of the second fiscal year following the fiscal year in which the disaster occurred

Disaster Status Report: FLMA submits by November 30 for the preceding fiscal year

Prior-year Unobligated Balance Report: FLMA submits to FLH headquarters within the first quarter 

of the new fiscal year

Annual ERFO Funds Request: FLMA submits needs for the next fiscal year to the FLH ERFO Program Manager

by September 15

Final Disaster Status Report: FLMA submits the final closeout report to the FLHD Director within 6 months after 

the final inspection

Project Closeout/Funds Reconciliation: FLMA completes permanent repairs and closes out the disaster within 4 

years of the disaster
9

2.1 Damage/Disaster

The Federal Highway Administration (FHWA) will determine if there has been a natural 

disaster (i.e., severe storms, tidal waves, earthquakes, landslides) of sufficient extent and 

intensity to warrant ERFO funding consideration. To this end, FHWA defines the following:

Natural disaster: An unusual natural occurrence such as a flood, hurricane, severe 

storm, tidal wave, earthquake, or landslide which causes serious damage.

Serious damage: heavy, major, or unusual damage to an eligible facility which severely 

impairs the safety or usefulness of the facility or results in closure.

Wide area: a tract sufficiently large to encompass parts or all of several entities such as 

counties, states, or federal agency management units (individual forests, parks, refuges, 

regions, districts, and so on) and can include areas outside of federal lands. Significant 

flooding would involve a number of major drainage basins.

Special Note: Serious damage to roads caused by extraordinary storms occurring over small 

areas would not be considered eligible for ERFO funding.

Catastrophic failure: The sudden failure of a major element or segment of the highway 

system due to an external cause. The failure must not be primarily attributable to gradual 

and progressive deterioration or lack of proper maintenance. The closure of a facility 

because of imminent danger of collapse is not in itself a sudden failure. 

2.1.1 Occurrence

a) When a natural disaster or catastrophic failure occurs (an “event”), an Informal 

Notice of Intent shall be initiated by the Applicant within two weeks via 

telephone or email to the Division ERFO Coordinator.

b) It is the responsibility of the Applicant to assess the damage and to submit a 

Formal Notice of Intent to the Federal Lands Highway Division Director

(FLHDD) no more than 45 days after the event. See Appendix C.1 for a sample 

letter and C.1.1 for letter instructions. If a Notice of Intent is submitted more than 

45 days after the damage occurs provide justification for the delay.

c) The FLHDD will respond within two weeks of receipt of the Applicant’s formal 

Notice of Intent letter with an Acknowledgment Letter (see Appendix C.2).

Special Notes:

 Photograph damage before beginning emergency repairs. Eligibility of emergency repairs 

will be based on submitted photographs.

 The Applicant may request Quick Release of ERFO funds for emergency repairs prior to 

the approval of a Program of Projects. These funds are only to be used by agencies to make 

emergency repairs to re-establish their vital transportation system(s) after an event. A request 
10

for Quick Release shall be reviewed by the FLHD on a case-by-case basis (see Sections 3.1.2

and Appendix C.6).

2.1.2 Disaster Assessment

The FLHD ERFO Coordinator and the Applicant (including the Tribal Coordinator for 

FHWA agreement tribes when appropriate) must plan and conduct an assessment of the 

damage and prepare a Disaster Assessment Report. This report shall document the cause 

and extent of damage and provide a recommendation to the FLHDD for either a positive 

or negative finding. If a presidential disaster declaration has been issued, the FLHDD

may waive or limit the assessment efforts.

Isolated damage sites unrelated to, or away from, the eligible disaster may be excluded 

from the Disaster area.

a) Applicant Responsibility Checklist. The Applicant must name a representative 

who is responsible for providing the following:

(1) List of damaged sites and include;

i. The National Tribal Transportation Facility Inventory number or National 

Federal Lands Transportation Facility Inventory number,

ii. Brief description of the damage.

(2) Maps that show the location of damaged sites;

(3) Current bridge inspection reports to assist with the identification of bridge 

damage caused by the event;

(4) In the case of catastrophic failure, obtain details of the cause of the failure, 

responsible parties, and impact of the damage; and

(5) Available pertinent data on the cause and extent of the damage such as:

i. Estimated costs to repair damage,

ii. Photographs and GPS coordinates of specific damage in each area,

iii. Rainfall and runoff data (hydrograph),

iv. Impact of the damage on the transportation system,

v. Dates that damage occurred,

vi. Summary of emergency repair efforts and costs.
11

Special Note: The ERFO Coordinator will not conduct a field assessment until all of the 

available information is provided. Delays in submitting information will not extend the 

eligibility time period.

b) Disaster Assessment – Field Review

The Team will review a representative sample of damage sites in each area cited by 

the Applicant in the Notice of Intent letter to determine the extent, type, cost, impact, 

and eligibility of the damage. In addition, the team will develop a preliminary 

estimate of costs to repair damaged sites and/or facilities to their pre-disaster 

conditions.

c) Disaster Assessment – Report to FLHDD

The ERFO Coordinator will prepare the Disaster Assessment Report for submission 

to the FLHDD. The report must either support or dispute eligibility for ERFO funding 

and provide a recommendation of either a positive or negative finding (see Appendix 

C.3). The report shall include the following elements:

(1) Natural disaster intensity and severity. In the case of flooding or severe 

storms, the report shall include available information regarding high-water 

elevations, stream-gage data, and rain-gage data. This information is not 

required if the President issues a major disaster declaration;

(2) Catastrophic failure cause and unexpected nature. Document the significance 

of the damaged facility, the impact to the road users, and the sudden nature of 

the failure. Explain if the failure was caused by the expected gradual and 

progressive deterioration of materials or by lack of maintenance. If 

appropriate, give the names of parties that may have contributed to the failure.

Also state if compensation will pay for any of the repairs, such as insurance or 

cost-share;

(3) Dates of the occurrence;

(4) Extent of the affected area, including areas outside the lands administered by 

federal agencies;

(5) Description of the damage to eligible facilities and other roads (federal-aid 

highways, state, county, city, and tribe);

(6) Copies of emergency relief reports and newspaper articles, as available;

(7) Copies of presidential disaster declarations and/or governor proclamations;

(8) Approximate cost of repairs or reconstruction of the damage;

(9) Photographs of typical damage and appropriate maps showing the location of 

each area and extent of damage;
12

(10) Copies of ERFO coordinators’ trip reports;

(11) Discussion of the impact of the subject damage. For example, a destroyed 

bridge with limited traffic has little impact, but a bridge serving as the 

principal access to homes, large tracts of land, or carrying large amounts of 

traffic will have a significant impact and therefore, may qualify for Quick 

Release of ERFO funds for emergency repairs; and

(12) Concluding statement. A final summary statement indicating that a natural 

disaster has (or has not) caused serious and widespread damage to eligible 

facilities or a catastrophic failure on an eligible facility resulting in a 

disastrous impact has (or has not) occurred. Include a specific 

recommendation for a finding.

Special Note: Two disasters treated as one. Disasters can occur so closely in time that 

the damage is difficult or impossible to evaluate and track as two separate events. In these 

cases, the Applicant should request in a letter to the FLHDD that the two disasters be 

recognized as a single event. Treating two disasters as one may simplify the processing of 

the repair and reconstruction projects by having a single ERFO finding resulting from the 

two disasters. The supporting data must prove that facilities have suffered severe damage 

in both disasters and such damage is of sufficient severity to justify ERFO assistance.

2.2 Disaster Finding

The FLHDD will make a disaster finding determination generally no later than six weeks 

after receipt of the Notice of Intent.

Positive Finding Determination The FLHDD will issue a letter to the Applicant

committing ERFO funds to repair eligible damage, subject to availability. The positive 

finding letter will establish the disaster number (see Appendix C.4).

Negative Finding Determination The FLHDD will advise the Applicant by letter when 

the damage is not eligible for the ERFO program (see Appendix C.5).

Special Note: Eligibility questions that cannot be resolved by the FLHDD and the 

Applicant may be appealed to the Federal Lands Highway Associate Administrator with 

copies to the Director of the Office of Program Development, and the ERFO Program 

Manager. The appeal should be submitted within two weeks of the receipt of the negative 

finding.

2.3 Damage Survey Report (DSR)

For disasters with few sites, the DSR(s) may be prepared while making the disaster 

assessment. The FLHD ERFO Coordinator and Applicant will jointly develop a plan to 

proceed with DSR preparation. The Applicant has the lead responsibility for DSR 

preparation.
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2.3.1 DSR Preparation

The Damage Site Survey Team shall make a detailed inspection of, and prepare a DSR 

for each damage site. Every report should include a description of the extent and cause of 

the damage, a description of the proposed repairs, and a cost estimate. When completed, 

all team members shall sign the report. When the team consists of Applicant and FLHD

personnel, the FLHD team member shall indicate if they think the site is eligible or 

ineligible. (For detailed instructions on how to complete a DSR, see Appendix C.9).

Special Note: The Applicant must provide an area map complete with all damage sites 

clearly numbered according to the corresponding DSR number (see Appendix C.9.1 and 

9.2). The map shall accompany the submittal of completed DSRs to the FLHD.

a) In addition to completing the DSR, the team shall identify emergency repairs 

completed and emergency repairs remaining.

b) Identify permanent repairs necessary to restore the site to its pre-disaster

condition.

c) Identify major environmental issues that may have a substantive effect on repair 

costs and timelines.

d) Justify betterments, if proposed.

e) Identify repair options, if applicable.

f) Identify level of environmental review expected [e.g., Categorical Exclusion (CE, 

Environmental Assessment/Finding of No Significant Impact (EA/FONSI),

Environmental Impact Statement (EIS)].

g) Provide detailed high quality color photographs for each site properly numbered 

and referenced to a particular damage site and DSR.

h) Provide a sketch of the damage and proposed repairs.

i) Provide quantity calculations for major work items.

j) Provide the National Tribal Transportation Facility Inventory (NTTFI) or 

National Federal Lands Transportation Facility Inventory (NFLTFI) route or asset 

number.

k) Provide Road Management Objectives (Forest Service) and Maintenance Intensity 

(Bureau of Land Management).

2.3.2 DSR Personnel – Roles and Responsibilities

Applicants are encouraged to proactively conduct damage site surveys and begin 

preparation of the DSRs. This can greatly accelerate advancement of the Program of 
14

Projects. In a case where the FLHD is unable to provide team personnel, the Applicant 

personnel will be authorized to perform the damage site surveys and complete the DSRs.

See Appendix C.8 for a list of recommended equipment. 

a) FLHD personnel will review all DSRs and may conduct field reviews of selected 

sites prior to approving the damage description, scope of the proposed repair, and 

cost estimate.

b) Based on the results of these reviews, the Applicant will modify the DSRs as 

deemed necessary by the FLHD ERFO coordinator.

2.3.3 DSR Submittal

The Applicant should submit DSRs thru the ERFO Coordinator to the FLHDD for 

approval as soon as possible after the positive finding. The ERFO Coordinator will 

provide courtesy copies to the Tribal Coordinator for FHWA agreement tribe sites.

Betterment requests and justifications should accompany submission of the DSR.

Special Note: DSRs must be completed and submitted for approval no later than nine 

months after the positive finding.

2.3.4 Combining Damage Sites

It may be appropriate in some situations to combine damage sites so as to prepare a single 

DSR for a road or road segment. Typically, the use of one DSR to combine damage sites 

is reserved for damage that will be repaired in the same construction contract. The team 

will identify each individual site by mile post and will prepare a cost estimate complete 

with recommended repairs and photographs for each site. The DSR form will then 

represent a summary of the costs to repair the damage sites along the total length of road 

or road segment. However, damage sites shall not be combined just to meet the $5,000 

minimum threshold requirement for ERFO consideration.

Sites such as bridge replacements and major landslides shall have separate DSRs.

2.3.5 Amended DSRs

Amended DSRs must be completed when the following applies:

a) The Applicant wants to revise the scope of approved repairs during design or 

construction. Examples of scope revisions that require amended DSRs include:

(1) Modifying, adding, or deleting major construction items;

(2) Revising the roadway cross-section;

(3) Extending the project limits; or

(4) Electing to decommission the road.
15

b) The cost estimate increases more than $50,000 for DSRs less than $250,000.

c) The cost estimate increases more than 20 percent for DSRs over $250,000.

d) When multiple sites have been combined into one DSR and some of the site 

repairs must be delayed, those deferred repairs shall be separated from the 

projects that can be repaired promptly and accounted for separately.

2.4 Program of Projects Proposed by the Applicant

The initial POP should be submitted to the FLHDD, thru the ERFO Coordinator, within 90 

days after receipt of the positive finding. The submittal must contain the following:

a) POP Letter: includes the completed DSRs and the Program of Projects Table, 

requests ERFO funds for the repair of damaged sites (see Appendix C.10), and 

requests FLHD assistance to repair damage, if applicable.

b) POP Table: a list of all the DSRs submitted for approval indicating the proposed 

agency responsible for repair (see Appendix C.11).

c) DSRs: Initial DSRs must be submitted no later than nine months after the positive 

finding date to be eligible.

2.4.1 Request FLHD to Perform Work

The FLMA should request design and construction assistance from FLH as soon as it is 

determined that the FLMA cannot perform the repairs. Requests must allow sufficient 

time for FLH to design and award the project. The FLHDD shall inform the Applicant 

by letter within 30 calendar days of the request, the work that the FLHD agrees to 

perform.

2.5 Approved Program of Projects (POP)

2.5.1 Program of Projects Approval Letter

The POP approval letter from the FLHDD establishes the maximum amount of funds 

approved for the repair of eligible damage. The POP approval shall be completed within

30 calendar days of receipt of the Applicant’s POP (see Appendix C.12). The purpose of 

this letter is to:

a) Identify projects in the Applicant’s proposed programs that are approved, 

including any required changes.

b) Identify future project approvals required by the FLHDD such as plans, 

specifications, and estimates; concurrence in award; rejection of bids; and project 

acceptance. Project selection will be based on project complexity, cost, and past 

performance; it may include randomly selected projects.
16

c) Identify work the FLHD agrees to perform.

d) Provide approval of the use of force account when it is determined that it is in the 

best interest of the public.

2.5.2 ERFO Fund Availability

Even though the funding level is approved in the FLHDD’s Program of Projects 

Approval Letter, ERFO funds may or may not be available. If ERFO funds are not 

available, the Applicant or local government entity is expected to use other funds to cover 

the cost of the approved repairs until ERFO funds are available for reimbursement.

2.5.3 Revisions to the POP

When DSRs are amended or new sites added, a revised POP request must be submitted to 

the FLHDD for approval as soon as possible. The agency responsible for submitting the 

revised POP varies as follows:

a) Applicant. When the Applicant or local government is the lead agency for the 

repair of a project, the Applicant must request a revision to the DSR and the POP 

to ensure the availability of funds. It requires approval by the FLHDD.

b) FLH Division. When the FLHD is the lead agency for the repair of a project, the 

FLHDD will revise the Program of Projects with concurrence of the Applicant.

As stated previously, new DSRs will not be approved if submitted more than nine months 

after the date of the positive finding.

2.6 Environmental Compliance

The lead agency must comply with all applicable federal, state, and local environmental laws 

and permit requirements dealing with issues such as wetlands; resource conservation; clean 

water; endangered species; farmland; unexploded ordnances; and cultural resources.

Special Note: Environmental compliance must be coordinated with the FLHDD to ensure 

ERFO Projects comply with all laws (including Title 23, U.S.C.), regulations, and executive 

orders.

2.6.1 Emergency Repairs

Regardless of which agency administers the project, emergency repairs meet the criteria

for a Categorical Exclusion (CE) and normally do not require environmental studies or 

further NEPA approvals by FHWA (see Federal Highway Administration’s 

implementing regulations for the National Environmental Policy Act, specifically, 23 

CFR §771.117(c)(9)(i)).
17

2.6.2 Permanent Repairs

NEPA documentation (e.g., Categorical Exclusion, Environmental Assessment, 

Environmental Impact Statement, and Record of Decision) is the responsibility of the 

lead agency administering the project.

2.6.3 Applicant and local government entities as Lead Agency

The lead agency shall coordinate (via letter addressed to the FLHDD) environmental 

compliance with the FLHD. If requested, the Applicant shall submit documentation that 

shows compliance with all applicable federal, state, and local environmental laws to the 

FLHD for approval prior to initiating construction activities funded wholly or in part by 

the ERFO Program. In the very rare case when an Applicant or local government entity

prepares an Environmental Impact Statement (EIS), the FLHD is required by law to be 

the lead or co-lead agency. If an EIS is being considered by the Applicant he/she shall 

notify the FLHDD before issuing the Notice of Intent in the Federal Register.

2.6.4 FLHD as Lead or Signatory Agency

Title 23, Code of Federal Regulations, Part 771 will be the basis of the FLHD 

environmental process. The FLHD Project Development and Design Manual will provide 

additional environmental guidance. The Applicant would normally participate as a 

cooperating agency at the request of the FLHD.

2.7 Construction Contracts and Force Account Repairs

All ERFO funded projects shall be designated with the prefix “ERFO”.

2.7.1 Emergency Repairs

Under 23 CFR §668.205(d), emergency repairs may be performed by the method of

contracting (advertised contract, negotiated contract, or force account) which the 

applicant or the Federal Highway Administration (FHWA) (where FHWA performs the 

work) determines to be most suited for this work. Where time and conditions warrant, 

applicants are strongly encouraged to first consider using the competitive bidding method 

of contracting for emergency repairs.

a) Force Account. The term force account means the direct performance of highway 

construction work by a federal or local government entity by use of labor, 

equipment, materials, and supplies furnished by the entity accomplishing the work 

and used under their direct control.

b) Solicited Contract. A solicited contract may be warranted due to the emergency 

character of the work. The federal or local government entity may contact a 

reasonable minimum number of contractors by telephone to solicit quotes for a 

specific scope of work. A summary showing how the solicitation was conducted, 

who was contacted, and the responses by the contractors must be prepared.
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c) Sole Source Contract.

(1) Under certain emergency circumstances where it is critical to restore essential 

travel in an expedited manner, it may be appropriate to enter into a sole source

contract with one firm. The contracting agency must document the process it 

used for selecting and negotiating a reasonable price with a single firm. Lump 

sum contracting should be used only when unusual or rare circumstances are

present making it virtually impossible to estimate quantities of work. 

(2) The FLHDD shall determine whether the price of a sole source contract is 

reasonable under the circumstances of the situation. The contracting agency 

should conduct a cost analysis prior to the award of any contract to assure that 

prices are fair and reasonable to aid in this determination. The FLHDD 

reserves the right to withhold funding or to reduce its participation when 

prices are not deemed to be reasonable.

2.7.2 Permanent Repairs

a) Permanent repair and reconstruction work, not accomplished as emergency 

repairs, must be done by contract awarded by competitive bidding unless the 

contracting agency or tribe demonstrates some other method is more cost 

effective to the satisfaction of the FLHDD. The contracting agency should ensure 

an opportunity for free, open, and competitive bidding, including adequate 

publicity of the advertisements or call for bids.

b) ERFO construction projects can be accelerated using contracting techniques such 

as cost-plus-time bidding, lane rental, design-build contracting, abbreviated plans, 

shortened advertisement period for bids, incentive/disincentive clauses and 

utilizing a short list of qualified bidders.

2.7.3 Contract Requirements

Contracts for both permanent repair work and emergency repairs must incorporate all 

applicable federal requirements. As such, FHWA Form 1273 must be included in all 

contracts pursuant to 23 CFR §633.102. FHWA Form 1273 includes, but is not limited to, 

the following requirements:

a) Davis-Bacon Act, 23 U.S.C. 113. While contracting agencies are empowered to 

begin emergency repairs immediately, they must comply with 23 U.S.C. 113 

requirements so that properly documented costs will be eligible for 

reimbursement once the FLHDD makes a finding that the disaster is eligible for 

emergency relief funding. Title 23 U.S.C. 113 requirements do not apply to local 

government entity employees who perform emergency repairs or construction 

work on a force account basis.

b) Buy America provisions in 23 U.S.C. 313 and FHWA implementing regulations 

(23 CFR §635.410) apply to all ERFO funded projects. Under certain 

circumstances the FLHDD may grant, a waiver from these requirements if the 
19

Secretary finds that the application of Buy America would be inconsistent with 

the public interest or that the required steel or iron products are not produced in 

the United States in sufficient quantities of a satisfactory quality. [23 U.S.C. 

313(b) and 23 CFR §635.410(c)].

c) Americans with Disabilities Act (ADA) are applicable on non-federal facilities

and Architectural Barriers Act regulations are applicable on federal facilities. 

d) Equal Employment Opportunity (EEO) requirements prohibit discrimination and 

requires contractors to take affirmative action to assure equal opportunity as set 

forth under laws, executive orders, rules, regulations (28 CFR §35, 29 CFR §1630 

and 41 CFR §60) and orders of the Secretary of Labor.

e) Convict Labor prohibition in 23 U.S.C. 114 applies to ERFO projects. Convict 

labor cannot be used in ERFO construction projects. 

f) Suspended or Debarred Contractors are prohibited from doing business with 

contractors who have been suspended or debarred. This prohibition includes 

contractors with principals who have been suspended or debarred. The contracting 

agency is responsible for determining whether any contractor or its principals are 

suspended or debarred.

2.8 Time Limitations

ERFO projects shall be constructed promptly. 23 CFR §668.205(e).

2.8.1 Emergency repairs

a) Since it is in the public interest for emergency repairs to be performed as soon as 

possible, such repairs may be started without prior approval from the FLHDD and 

shall be completed within 180 days after the event.

b) The method of contracting may be determined by the Applicant.

Special Note: Photographs must be taken prior to beginning any emergency repairs to 

document the extent and severity of the damage.

2.8.2 Permanent repairs

a) Force account projects must be completed by the end of the second fiscal year 

following the event year.

b) Contracted projects must be under construction by the end of the second fiscal 

year following the event year. This requirement gives the Applicant 25 to 36 

months to award the permanent repair construction contract and to begin 

construction.
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2.8.3 Contract Award Time Extensions

Projects not under contract for permanent repair by the end of the second fiscal year 

following the event year shall be withdrawn from the POP and considered nonemergency permanent repairs unless the FLHDD approves a time extension. Time 

extension requests must be submitted to the FLHDD for approval at least 60 days prior to 

the end of the eligible period. The Applicant is responsible for submitting suitable 

justification for contracts that will not be awarded prior to the end of the second fiscal 

year following the event year. The justification must include dates of completed

milestones that demonstrate the project was given prompt attention and priority over nonemergency work (see Appendix C.16).

a) The FLHDD may grant a one year contract award time extension (see Appendix 

C.17) if one of the following exist:

(1) The Applicant gave the project prompt attention and priority over nonemergency work;

(2) A new disaster event significantly increases or changes an eligible site or

prevents access to the site; or

(3) Repairs are delayed due to ongoing litigation.

b) Contract award time extensions will NOT be granted in the following situations:

(1) Lack of available ERFO or agency resources delayed the project;

(2) Repairs proposed for force account crews are delayed; or

(3) Repairs were not given prompt attention and priority over non-emergency 

work;

c) Time extensions beyond one year will not be considered by the FLHDD. Beyond 

one year, an appeal to the FLH Associate Administrator will be required for 

unique or extraordinary circumstances that are beyond the control of the 

Applicant. Generally, the Applicant should not expect a time extension to be

granted beyond one year. This is to keep within the intent of the program and to 

optimize the use of available funding.

2.9 Disaster Status, Unobligated Balance, and Disaster Closeout Reports

2.9.1 Disaster Status Reports

a) Applicants and the FLH TTP Office must submit a Disaster Status Report to the 

FLHD office by November 30 of each year (see Appendix C.20). The information 

in this report provides the cumulative expenditure/obligation of each site through 

the end of the previous fiscal year. If complete reports are not received, funding 

will be withheld or delayed.
21

This report serves as the final Closeout Report when all projects have a date listed 

under the final column (Date Closed).

b) The ERFO Coordinators must summarize the results of the previous fiscal year 

accomplishments (e.g., Disaster Approvals and Amounts and Positive and 

Negative Findings, Damage Site Information, Time Extensions, Disaster Closed, 

Funds Obligated by Applicant, Design and Construction Workload, etc.). The 

ERFO Coordinators must submit this Fiscal Year Accomplishment Report to the 

ERFO Program Manager by December 31 of each year.

2.9.2 Unobligated Balance Reports

a) Applicants and the FLH TTP Office must submit a Prior-year Unobligated 

Balance Report to FLH headquarters within the first quarter of the new fiscal 

year. If reports are not received or are incomplete, funding (reinstatement) of the 

unobligated balances will be delayed until all data inconsistencies (including 

prior-year obligations) have been reconciled between the Applicant or FLH TTP 

Office and the FLH program headquarters office.

Additionally, quarterly reports of unobligated balances by disasters must be 

submitted to the ERFO Program Manager.

2.9.3 Closeout

The FHWA expects that all ERFO projects will be completed by the end of the fourth 

year following the event year and the FLHDD will begin closing out projects at that time.

If all projects are not complete, a partial closeout of the event may be conducted.

a) Applicant and FLH TTP Office Closeout Report. When all sites are completed 

submit the Request for Closeout Letter (C.19) along with a signed Disaster Status 

Report (C.20) and several pictures of completed repairs. At final closeout, the 

Disaster Status Report must identify the actual costs of repair for each DSR.

Individual sites that are combined into a single construction contract may be 

reported together. Force account work may be reported on a road-by-road basis.

Combining costs from multiple DSRs, other than as stated above, is not permitted.

b) Partial Closeout. Upon request, partial closeout of completed site repairs may be 

initiated prior to completion of all site repairs. The partial closeout may include a 

review of ongoing construction projects as well as completed projects.

c) FLH Division Review. The FLHDD will review the Disaster Status Report for 

consistency with the approved POP and conduct follow-up field reviews as 

needed. Individual DSRs will be selected for an in-depth review based on the 

following:

(1) Actual costs greater than 20 percent of the approved POP amount;

(2) High cost or technically complex projects;
22

(3) Force account projects; and

(4) Representative of the majority of projects.

d) Field Review Notification. The Applicant or FLH TTP Office will be notified 

when projects are selected for an in-depth field review (see Appendix C.21) and 

shall assemble all contract documents and all financial records that support the 

costs submitted in the Closeout Report (see Appendix C.22).

(1) Contract documents include plans, specifications, permits, contract changes, 

contract payments, contract award and release of claim documents, NEPA

documentation, and environmental compliance documentation.

(2) Financial records, such as payroll, travel, per diem; materials, supplies, 

equipment rental, and equipment hours must be properly documented and 

made available for each selected DSR.

e) Field Review Agenda. The Applicant and FLH TTP Office’s administration of 

the ERFO program will be reviewed and evaluated. The following questions will 

be posed to ensure compliance with applicable laws, regulations, and policies:

(1) General – What degree of support and oversight did the main (regional/state) 

office provide? Were projects given prompt attention and priority over nonemergency work?

(2) DSR Scope – Were projects built in substantial conformance with the 

approved DSRs?

(3) Completion time – Were the construction projects awarded by the second 

fiscal year following the event year? Were force account projects completed 

by the end of the second fiscal year following the event year? Were time 

extensions requested and approved for delayed work?

(4) DSR revisions – Were the DSRs revised when appropriate (e.g., 20 percent 

cost differential, change in scope)?

(5) Environmental compliance – Did the lead agency request (via letter addressed 

to the FLHDD) the FLHD’s participation as a cooperating agency? Was 

supporting documentation that shows compliance with all applicable federal, 

state, and local environmental laws submitted to FLHD? How was compliance 

documented (e.g., CE, EA/FONSI, EIS)? If an EIS was prepared, was the 

FLHD notified and did the FLHD serve as the lead or co-lead agency?

(6) Engineering – How was engineering managed (e.g., in-house, contract)? Were 

the design plans and specifications adequate? Did the plans and specifications 

have peer or Program Manager Review for compliance with the approved 

DSR scope? Were reviews conducted by the FLHD if noted in the approved 

POP?
23

(7) Materials and supplies – What kinds of materials and supplies were 

purchased? Were they eligible? Were all materials supported with adequate 

documentation? How were agency-furnished materials accounted for?

(8) Repairs – How were the repairs administered (e.g., in-house, contracts)? Were 

permanent repairs approved prior to construction? If contract modifications 

occurred, were they adequately documented? Were there any salvaged items 

or materials? 

(9) Accounting

i. Records. Is there adequate detail to determine if the charges are 

appropriate (e.g., location of work, who worked, time worked, and 

material placed or removed)? Are the agency-submitted final costs 

supported by their financial records?

ii. Non-eligible work. If projects included non-eligible work, were nonERFO costs funded and tracked separately? Were the accounts adjusted at 

project completion to reflect actual expenses? Was FLH notified that nonERFO work was combined with ERFO work prior to award?

iii. Other funding sources. Were ERFO funds used to replace other funding 

sources (e.g., repairs programmed prior to the disaster, damage caused by 

legally responsible parties, share cost agreements)?

iv. Force account rates. Are the equipment rental rates reasonable and based 

on an appropriate schedule?

v. Right-of-way acquisitions. What kind of documentation is available to 

ensure that all requirements (e.g., Uniform Act) are met?

f) FLHD Closeout Report. The Closeout Report will recommend the final 

approved Program amount and will summarize the results of the office and/or 

field review. If the results of the field review indicate that additional projects 

should be reviewed, additional follow-up field reviews will be conducted as 

needed.

g) Closeout Letter. The Closeout Letter from the FLHDD will revise the amount of 

the approved POP, summarize the results of the closeout review, and request that 

the ERFO Program Manager begin funding reconciliation with the Applicant’s 

headquarters or the FLH TTP Office (see Appendix C.23).

(1) Submitted costs that cannot be satisfactorily assigned to a specific DSR will 

not be allowed.

(2) When non-eligible repairs are added to a project and the funding sources of 

those repairs are not satisfactorily documented, all ERFO expenditures may be 

disallowed. 
24

h) Funds Reconciliation. Based on the FLHD final Disaster Closeout Letter, the 

ERFO Program Manager will reconcile funds with the Applicant or FLH TTP 

Office (see Section 3.4).

(1) Funds transferred in excess of the final approved Program Amount will either 

be withdrawn by FLH Headquarters from the Applicant or must be returned 

by the FHWA agreement tribe to the FLH TTP Office.

(2) If non-ERFO funds were used to make eligible repairs, the event will not be 

closed until ERFO funds become available and the Applicant or FHWA 

agreement tribes are reimbursed.
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CHAPTER 3 FUNDING

3 Introduction

The Highway Trust Fund (Contract Authority) is the source of Emergency Relief funds.

Congress may supplement Emergency Relief funds with General funds (Budget Authority).

Title 23, United States Code, Section 125, authorizes funds for emergency and permanent 

repairs of Federal-aid highways, tribal transportation facilities, federal lands transportation 

facilities and other federally-owned roads. Congress can also authorize additional emergency 

relief funds through supplemental appropriation acts.

3.1 ERFO Funding Process

3.1.1 Requesting ERFO Funds

The FLH ERFO Program Manager will only accept requests for funds from the Federal 

Land Management Agencies (Applicant), FHWA agreement tribes, and Federal Lands 

Highway Divisions (FLHD).

Special Note: The term “FHWA agreement tribes” refers to tribes who have a formal 

agreement with FLH in the Tribal Transportation Program (TTP), and “BIA tribes” refers 

to tribes who work directly with the BIA in the TTP.
26

States, counties, and BIA tribes cannot request funds directly from the ERFO Program 

Manager. 

a) The BIA must request funds needed to reimburse BIA tribes or FHWA agreement 

tribes (that do not request funds directly from FLH Headquarters) for work 

performed.

b) Applicants or the FLHD may request funds needed to reimburse states and 

counties for work performed.

3.1.2 Types of Requests

There are two types of ERFO funds requests:

a) Quick Release Request. At any time after a natural disaster or catastrophic 

failure Applicants may request quick release of ERFO funds from the FLH 

Division. All tribes must request Quick Release through the BIA. The purpose of 

the Quick release is to expedite the release of funds to make emergency repairs to 

re-establish vital transportation system(s) within 6-months after an event occurs.

The requests will be reviewed by the FLHD on a case-by-case basis. The process 

to request Quick Release is:

(1) The Applicant makes the request by phone to the FLH ERFO Coordinator and 

follows up with an e-mail to the FLHD Director (see Appendix C.6). The email must include the following: 

i. Cause of damage, 

ii. Dates of damage, 

iii. Facilities damaged, 

iv. Emergency repairs needed, 

v. Location of damage, and 

vi. Congressional District if known.

(2) The FLHDD evaluates the need for a quick release after determining with a 

reasonable certainty that the event threshold will be met.

(3) FLHDD sends a request to the e-mail group in Outlook named “FHWA ER 

Quick Release” after consulting with the FLH Headquarters.” This e-mail 

group has been set up for rapid communication of all quick release requests.

(4) The Office of Program Administration sends a recommendation to the 

Administrator by e-mail.
27

(5) The Administrator decides whether to recommend quick release for the 

Secretary’s approval. Once the expedited quick release request is approved, 

the Office of the Administrator will send an e-mail to the e-mail group in 

Outlook named “FHWA ER Quick Release” indicating the approval and 

amount of the quick release. 

(6) The Office of Policy’s Congressional Affairs Team will coordinate a 

concurrent notification to the congressional authorizing and appropriations 

committees through the Grants Notification System. The Office of Public 

Affairs will then issue a press release.

(7) When approved the Federal Lands Headquarters will notify the FLHD

Director and the Tribal Transportation Program Director. The FLH Division 

will notify the Applicant and local government entity. (See Appendix C.7)

b) Annual ERFO Funds Request. Any time after the POP has been approved; the 

Applicant, FHWA agreement tribe, or FLHD may request the annual transfer of 

ERFO funds. Requests must be in writing (email) and must include a copy of the 

POP Approval Letter. (See Appendix C.18)

(1) Requests must be restricted to only those funds that will be obligated within 

the current fiscal year.

(2) Requests should not exceed the authorized POP amount. 

(3) The ERFO Program Manager will consolidate these requests and submit them 

to the Emergency Relief (ER) Program Manager.

3.1.3 Allocation/Transfer of ERFO Funds/Obligation Authority

a) Applicant, FLH TTP Office, and FLH Division. The ERFO Program Manager 

will transfer to the Applicant or allocate to the FLHD offices or FLH TTP Office 

amounts not to exceed the approved POP. All ERFO fund allocations shall be 

entered into the Department of Transportation (DOT) accounting system by state 

and funding program code. The ERFO Program Manager will allocate Obligation 

Authority, by disaster, state, and funding program code to the Applicant’s 

headquarters, the FLH TTP Office, or the FLHD as described below.

Special Notes:

• Allocation requests require the Secretary of Transportation approval and a minimum 

of three days Congressional Notification.

• Allocation of ERFO funds will not be released if prior year Disaster Status Reports 

have NOT been submitted to the FLHD. In addition, allocation of ERFO funds may 

not be released until prior-year obligations have been reconciled between the 

Applicant and the FLH program headquarters offices.
28

(1) Applicants will receive an Allocation of ERFO Funds letter with a summary 

of the Applicant’s current fiscal year ERFO program allocations. In addition, 

the FHWA Office of Budget and Finance shall issue a Form 370 (Allotment 

Advice Form) to the Applicant, confirming the allocation authority and 

limitation.

(2) The FLH TTP Office and the FLHD will receive an Allocation Memorandum 

from the ERFO Program Manager with a summary of the FLHD’s current 

fiscal year ERFO program allocations.

(3) Each ERFO Allocation Memorandum will provide funding program codes 

that indicate the type of ERFO funds authorized. The Applicant, the FLH TTP 

Office, and the FLHD must use these funding program codes to track the 

obligation and expenditure of all ERFO funds received. The Applicant, FLH 

TTP Office, and FLHD must report the obligation of funds to the ERFO 

Program Manager by event number and funding program code(s). The fourdigit program fund code historically used follows the format PC-09W0 and 

TR60.

b) Local government entities (States, counties, tribes)

(1) State, county, borough, etc. may enter into a reimbursable agreement with the 

FLHD or an Applicant. With this method, ERFO funds needed for the repair 

costs are allocated by an Allocation Memorandum to the FLHD or the 

Applicant by event number, state, and funding program code. Work is done on 

a reimbursable basis and paid per provisions in the agreement.

(2) Indian Tribal Governments may enter into a PL 93-638 contract with the 

Bureau of Indian Affairs (BIA) for repairs performed by the tribes. The BIA is 

normally the Applicant for Tribal-administered projects and will request and 

receive funds from the ERFO Program Manager for tribal projects unless the 

tribe is a FHWA agreement tribe and the tribe made a funds request directly to 

FLH Headquarters.

(3) FHWA agreement tribes will receive funds through a Reference Funding 

Agreement with the FLH TTP Office if they made a funds request directly to 

FLH Headquarters.

3.2 Advancing Projects during an ERFO Fund Shortage

When all available funds are exhausted, ERFO fund requests will be held until the U.S. 

Congress authorizes additional funds. Applicants shall submit prioritized lists of the 

emergency and permanent repairs shown in the approve POP, based on available funding.

Recognizing that prompt congressional action is not always possible, the following options 

or combinations of options may be used to fund or advance ERFO projects on an interim 

basis.
29

3.2.1 Unobligated balances from other approved disasters

If an Applicant has received funds for an ERFO disaster, the unobligated balance can be 

used on other approved disasters. The Applicant is required to obtain approval from the 

ERFO Program Manager when this option is needed. This use of ERFO funds is not 

allowable when funds are limited by law to a specific disaster or the use of the funds 

exceeds the approved POP for that disaster.

3.2.2 Other Funds

a) Non-ERFO funds. Other funds used to perform approved ERFO repairs will be 

reimbursed equal to the total approved expensed amount.

b) Federal Lands Highway Program (FLHP) Funds. TTP and FLTP funds may 

be used to perform eligible repairs on facilities that are eligible for that particular 

category of funds.

3.2.3 ERFO Funding Priorities

When available ERFO funds are insufficient to meet current fiscal year fund requests, the 

ERFO Program Manager will allocate funds as shown below. Listed in priority order, 

they are:

a) Reimbursement of Applicant funds, including tribal and local government entity

funds used on approved ERFO repairs;

b) Reimbursement of TTP and FLTP funds used on approved ERFO repairs;

c) Construction engineering and contract modifications for ongoing ERFO 

construction projects;

d) Emergency repairs of high-use facilities that are critical to the agencies’ mission 

and/or health and welfare of the local community/region; and

e) Current fiscal year obligations.

3.3 Fiscal Responsibility and Reporting Requirements

The Applicant and the FLH TTP Office is responsible for the administration of ERFO funds 

and the obligation authority that has been transferred with it. This includes compliance with 

all applicable laws, regulations, and fiscal reporting requirements.

3.3.1 Projects with combined funding 

When a construction contract includes both eligible and ineligible ERFO work, the 

agency administering the contract has the following responsibilities.
30

a) Prior to award, amend the DSR to separate eligible and ineligible work, and 

include the source of funding for the ineligible work in the amended document.

Failure to do so may jeopardize ERFO funding.

b) Ensure that separate accounts are established.

c) Charge work not eligible for ERFO funding to non-ERFO accounts.

d) Report ERFO and non-ERFO obligations/expenditures separately in the Disaster 

Status Report.

3.3.2 Reporting Requirements

Each event requires Unobligated Balances Reports and Disaster Status Reports to be 

submitted to the ERFO Coordinator documenting the status of all approved funds.

Special Note: The ERFO Program Manager will withhold funds if the reporting 

requirements shown below are not met.

a) Unobligated Balances. All entities that are advanced ERFO Funds, must report 

all unobligated balances quarterly. The end of fiscal year reports must be 

reconciled with FLH Headquarters prior to reinstatement of the funds or transfer 

of new funds.

(1) Applicants. The Applicant shall report the amount of unobligated ERFO 

funds (by program code) to the FHWA using a Standard Form 133, Report on 

Budget Execution (generally done by the Applicant’s Budget Office). At the 

end of each fiscal year the ERFO Program Manager and the Applicant will 

reconcile all reported amounts. Per written request by the Applicant, the 

ERFO Program Manager will reinstate the unobligated fund balances (by 

event number and program code) as soon as possible following the 

reconciliation process.

(2) Tribes. Tribes shall report the amount of unobligated ERFO funds (by 

program code and disaster) to either the BIA or the FLH TTP Office. At the 

end of each fiscal year the ERFO Program Manager and the Applicant or FLH 

TTP Office will reconcile all reported amounts. Per written request by the 

Applicant or FLH TTP Office, the ERFO Program Manager will reinstate the 

unobligated fund balances (by event number and program code) as soon as 

possible following the reconciliation process.

(3) FLHD Office. The ERFO Program Manager and the FLHD will reconcile all 

reported amounts of prior year unobligated ERFO funds (by event number and 

program code). Per written request from the FLHD the ERFO Program 

Manager will reinstate the unobligated funds (by event number and program 

code) as soon as possible following the reconciliation process.
31

b) Disaster Status Report. The Applicant, FLH TTP Office, and the FLHD must 

prepare and submit a Disaster Status Report for each disaster by November 30 of 

each year. The information on this report should reflect the status of each disaster 

through the end of the previous fiscal year.

(1) Applicant. Annually submit the Disaster Status Report to the FLHD. As a 

final closeout report by the Applicant, the Disaster Status Report must present 

a final accounting of the costs claimed for the event by each DSR. The final 

Disaster Status Report must be submitted to the FLHD ERFO Program 

Coordinator within six months of the completion of all repairs (see Appendix 

C.20). Supplemental funds used to address agency priorities not approved for 

ERFO funding must also be reported. The BIA must include the status of 

work performed by tribes.

(2) TTP Office. Annually submit the Disaster Status Report for all work 

conducted by FHWA agreement tribes, which requested funds directly from 

the FLH Headquarters, to the BIA and the FLHD. As a final closeout report 

by the TTP Office, a Disaster Status Report must present a final accounting of 

the cost claimed for the event by each DSR. The final closeout report must be 

submitted to the BIA and the FLHD within six months of the completion of all 

repairs (see Appendix C.20).

(3) FLHD. Submit the Disaster Status Report for any work conducted by the 

FLHD to the Applicant. In addition, submit these and all reports received from 

the Applicants and the FLH TTP Office to the ERFO Program Manager. As a 

final closeout report by the FLHD, a Disaster Status Report must present a 

final accounting of the cost claimed for the event by each DSR. The final 

closeout report must be submitted to the Applicant and the ERFO Program 

Manager within six months of the completion of all repairs (see Appendix 

C.20).

c) Closeout Supporting Documentation. Costs that cannot be satisfactorily 

assigned to a specific DSR will not be reimbursed. For each DSR, provide the 

following (see Appendix C.22):

(1) Labor. Time keeping document (time slip, time and attendance report, etc.);

(2) Material. Stock slip, vendor invoice;

(3) Equipment. Mobilization, operation costs, depreciation or replacement costs, 

and rental costs;

(4) Contracts. Plans, specifications, schedule of items, award documents, 

modifications, and final payment and contract release documents; and

(5) Expenditures. Print out from the agency’s financial system with expenditures 

summarized by category listed above. Provide documentation that shows 

release of all obligated funds.
32

3.4 Fund Reconciliation

Based on the FLHD final Disaster Closeout Letter, the ERFO Program Manager will 

reconcile funds with the Applicant’s headquarters, FLH TTP Office, and the FLHD.

a) Funds Available. Agencies will be reimbursed when non-ERFO funds were used to 

make eligible repairs.

b) Funds not available. If ERFO funds are not available for transfer or allocation, the 

event will not be closed until funds become available and are either transferred to the 

Applicant or allocated to the FLHD or FLH TTP Office by event number, state, and 

program code.

c) Excess Funds. Funds that were transferred or allocated in excess of the final 

approved amount will be withdrawn, de-allocated, or returned to the Federal 

Government by check.
33

CHAPTER 4 ELIGIBILITY

4 Introduction

The intent of the ERFO program is to fund repair of serious damage to eligible facilities caused 

by a natural disaster or catastrophic failure. ERFO funds will not be approved to supplant other 

funds for the correction of pre-existing, non-disaster related deficiencies nor will ERFO funds be 

approved for the repair or reconstruction of facilities affected by long term, pre-existing 

conditions, or predictable developing situations. Damage will be approved on a site-by-site basis 

and can not include work considered to be heavy maintenance. Betterments added to prevent 

future damage must be economically justified.

Repair costs of a damaged site (emergency and permanent repairs) totaling less than $5,000 are 

NOT eligible for ERFO funding. In addition, damages at two or more sites shall NOT be 

combined to meet that threshold.
34

4.1 Eligible Facilities

Tribal transportation facilities, Federal lands transportation facilities, and other federally 

owned roads that are open to public travel (23 U.S.C. Section 125 (e)(2)) are eligible. With 

respect to a road, FHWA defines the following:

Open to Public Travel: Except during scheduled periods, extreme weather conditions, or 

emergencies, the road is open to the general public for use with a standard passenger 

vehicle, without restrictive gates or prohibitive signs or regulations, other than for general 

traffic control or restrictions based on size, weight, or class of registration. 

Eligibility is further defined as follows:

4.1.1 Tribal Transportation Facility.

A tribal transportation facility is a public highway, road, bridge, trail, or transit system 

that is located on or provides access to tribal land and appears on the national tribal 

transportation facility inventory (NTTFI) described in Title 23, United States Codes, 

Section 202(b)(1).

4.1.2 Federal Lands Transportation Facility. 

A federal lands transportation facility is a public highway, road, bridge, trail, or transit 

system that is located on, is adjacent to, or provides access to federal lands for which title 

and maintenance responsibility is vested in the Federal Government, and that appears on 

the national federal lands transportation facility inventory (NFLTFI) described in Title 

23, United States Code, Section 203(c). 

4.1.3 Other Federally Owned Roads. 

Roads that do not meet the definition of a tribal transportation facility or a federal lands 

transportation facility are eligible if, in addition to meeting the definition of "open to 

public travel", they have an engineered surface and they are actively maintained for 

standard passenger vehicles.

4.1.4 Transit Systems 

Transit systems that are tribal or federal lands transportation facilities are eligible as 

follows:

a) Open to the general public on a published regular schedule.

b) Vehicles and routes that normally are used to transit the public.

c) Boat docks that primarily serve eligible transit system boats.

d) Shelters primarily used by transit passengers.

e) Other buildings, structures, maintenance vehicles, and support facilities are not 

eligible.

f) Privately owned transit vehicles are not eligible.
35

4.1.5 Trails

Trails that are tribal or federal lands transportation facilities are eligible as follows: 

a) Trails must have an engineered surface such as asphalt, concrete, an elevated 

wood/composite structure, or a well compacted crushed aggregate or chemically 

stabilized earth surface that is stable and firm in all weather conditions, and

b) Exhibits substantial use and pedestrian capacity, free of vegetation, and has 

adequate drainage, or

c) Listed on the National Trails System Act of 1968 (see Appendix E).

d) Sidewalks are not eligible unless they are contiguous with an eligible road or 

parking area that is also damaged.

4.1.6 Parking Areas 

Parking areas are eligible as follows:

a) Tribal or federal lands transportation facilities, and

b) Serves high use recreation sites, federal economic generators, eligible trails or 

transit systems, and

c) Is an engineered facility with an engineered surface such as asphalt, concrete or 

crushed aggregate that is stable and firm in all weather conditions.

4.2 Cost Limitations

a) Damage will generally be repaired to restore safe passage consistent with the predisaster conditions of the facility.

b) The total cost may not exceed the cost to repair or reconstruct a comparable 

facility, which meets the geometric and construction standards required for the 

types and volume of traffic the facility will carry over its design life.

c) Costs to provide long term resiliency and reduce the potential for future loss must 

be documented and approved as a Betterment.
36

4.3 Eligible Repair Costs

Generally repair of serious damage to eligible facilities directly caused by an event and 

necessary to restore traffic is eligible. However it is not the intent of the program to cover all 

repair costs. The following is a more detailed discussion of eligible costs and eligible repairs.

4.3.1 Boat Ramps

Boat ramps are not eligible.

4.3.2 Bridges

a) General:

(1) Only repair of disaster-related damage is eligible. If repair of disaster damage 

would not correct pre-disaster structural deficiencies, then Permanent Repairs 

are only eligible if other funds are used to simultaneously correct the 

structural deficiencies.

(2)When a bridge is destroyed or repairs are not feasible, the cost of a 

comparable facility that meets current geometric and construction standards 

for the type and volume of traffic it will carry during its design life is eligible.

(3) Bridges that are scheduled for replacement (included in a TIP) are eligible for 

reasonable Emergency Repairs to restore essential traffic, but are not eligible 

for Permanent Repairs.

b) Temporary/Prefabricated/Portable bridges will be approved based on the 

following conditions:

(1) Placement of the temporary bridge is needed to maintain essential traffic and 

failure to place the bridge would result in a disastrous impact.

(2) Bridge may be leased or purchased contingent upon the following stipulations:

i. Purchase price minus resale value only.

ii. An economic analysis is completed prior to the purchase that demonstrates 

significant cost benefit of purchasing over leasing.

iii. Removal of the structure following permanent repairs.

Special Note: Maintenance of bridges after installation is not eligible.

4.3.3 Culverts

a) Damaged culverts are eligible for repairing or resetting. Replacement to current 

standards may be eligible if found to be reasonable based on the amount of 

damage, age of the culvert, likelihood of recurring damage and relative cost of 

repair or replacement.

b) Destroyed culverts may be replaced to current engineering design standards or 

environmental requirements. For aquatic organism passage, see Section 4.5

Environmental Requirements.
37

4.3.4 Damage beyond Highway Right-of-Way

Damage beyond the normal highway right-of-way width, including damage that is caused 

by or attributed to the highway facility (even if the applicant may be found liable for the 

damage) is not eligible. 

4.3.5 Debris Removal

Debris typically includes trees, other woody materials, soil and rock. Debris removal

from roadways and water courses around bridge piers to nearby locations within the 

right-of-way is eligible for ERFO funds.

a) Debris removed on roads is limited to that necessary to assure the safety and full 

function of the roadway.

b) Debris removed from watercourses is limited to that necessary to protect the 

structural integrity of the road or bridge and is limited to debris within the actual 

drainage channel and right-of-way boundary (or typical boundary if none).

c) The costs of hauling timber to sawmill or to other locations beyond the proximity 

of the highway right-of-way are not eligible for ERFO funds.

4.3.6 Decommissioning or Storing

Decommissioning or storing eligible roads in lieu of repair is eligible. Funds are capped 

at the cost to repair eligible damage on the road. A portion of the decommissioned road 

can be left to function as a trail; however, trail construction along the abandoned facility 

is NOT eligible. Suitable turnaround facilities at the beginning of the decommissioned 

road section are eligible. Re-contouring is not eligible except at stream crossings.

Roads identified in a Decommissioning Plan will NOT be approved for ERFO funding.

Decommissioning costs should be funded as originally planned.
38

4.3.7 Delayed Projects

Costs expended after the eligible period are not eligible for funding unless a time 

extension has been granted.

4.3.8 Detour Routes

a) Construction costs are eligible that restore essential traffic consistent with 

anticipated volume and type of traffic, considering appropriate speeds, safety 

considerations, duration of use, and overall costs.

b) Detour construction that establishes pre-disaster levels of service requires prior 

approval by the FLHD Director.

c) Routine maintenance of detour routes, not related to increase traffic volumes such 

as mowing, brushing, maintaining drainage, pavement signing and snow and ice 

removal are not eligible for ERFO funding.

4.3.9 Direct Costs

Direct costs must be properly documented in accordance with acceptable accounting 

standards (e.g., time slips, time and attendance reports, time books, contracts, receipts) 

and readily available for inspection by the ERFO coordinator. These costs include 

salaries, wages, fringe benefits, consultant services, travel, materials, supplies, and 

equipment directly used to accomplish the repair of eligible damage.

a) Salaries. Regular and overtime salaries and wages of all permanent and temporary

employees directly engaged in the performance of work on ERFO projects are 

eligible for reimbursement. Timekeeping procedures must allocate employees’ 

time to a specific site, each day on an hourly basis. A timekeeping document, 

such as time slip, time and attendance report, or time book, must be available for 

examination by audit personnel to support direct labor costs claimed. A 

responsible employee having knowledge that the time distribution is accurately 

reported should sign the document.

b) Payroll Additives. Usually referred to as labor surcharge, a set percentage over 

and above the total direct labor costs charged to a project is eligible for ERFO 

participation. This surcharge covers costs of various types of leave allowances, 

industrial accident insurance coverage, and other employee benefits. The 

allowable percentage rates will normally vary from year to year. Therefore, the 

records used in developing percentage rates should be preserved under suitable 

control.

c) Travel and Per Diem expenses properly assigned to an eligible site and directly 

attributable to individual ERFO projects in accordance with Federal Joint Travel 

Regulation – are eligible for ERFO funding.

d) Materials and Supplies 

(1) Materials purchased for a repair project are eligible provide the supplier’s 

invoice properly identifies the project on which the materials were used.
39

(2) Materials issued from stock warehouses or agency produced or purchased 

stockpiles are eligible provided the costs are properly supported and a 

responsible employee having knowledge that the supplies or materials were 

actually incorporated into the project signs the stock issue slip or supplier’s 

invoice.

e) Equipment costs may be eligible as follows:

(1) Purchase (minus resale value) must be approved in advance by the FLHD 

Director and must be cost effective when compared to renting.

(2) Rentals may include applicant-owned equipment, equipment rented from 

another public entity, and equipment rented from commercial sources. Rental 

rates should include operation, maintenance, and depreciation costs.

i. Applicant owned equipment rates must be properly supported by 

verifiable analysis covering specific sizes and types of equipment. Costs in 

excess of normal depreciation to cover increased cost to replace equipment 

are not allowed. Lacking such documented cost analysis the rates 

developed by the State Transportation Agency and approved by the 

FHWA Division Administrator will be allowed.

ii. Equipment rented from a commercial source must be determined to be 

reasonable by the FLHDD. Reasonable rates are those consistent with the 

most current edition of the Associated Equipment Distributors Manual or 

rates charged by a recognized rental agency

iii. Documentation required to support costs include a commercial invoice or 

other applicant-generated time and equipment use report that specifies, for 

each DSR the equipment was used on, the date of use and hours of 

operation. The equipment use record must be signed by the applicant’s 

employee.

f) Construction equipment and materials that are NOT eligible for ERFO funds 

include:

(1) Replenishing or paying losses for damaged or destroyed material stockpiles 

(i.e., sand gravel, pipe, etc.) and items awaiting installation not incorporated 

into the roadway.

(2) Damages to an applicant’s equipment (i.e., motor graders, tractors, etc.) and 

other losses (i.e., maintenance sheds, offices, picnic tables, trash cans, tent 

pads, boat launch ramps, etc.).
40

4.3.10 Embankments

Embankment replacement to repair serious damage is eligible under the following 

conditions:

a) Failures extending into the traveled way.

b) Failures NOT extending to the traveled way are eligible if the roadway is in 

imminent danger of failure or if the damage severely impairs safety or usefulness 

of the roadway.

4.3.11 Emergency Repairs

Emergency repairs are those repairs undertaken during or immediately after a natural 

disaster or catastrophic failure to restore essential travel, protect remaining facilities, and

minimize the extent of damage. Repairs that go beyond these three objectives are 

permanent repairs. Emergency repairs shall reduce, to the greatest extent feasible, the 

cost of permanent repairs. Emergency repairs completed more than 180 days after the 

event may be approved, on a case by case basis, if access to the damage was not feasible.

In no case will repairs completed more than one-year after the event be considered 

Emergency repairs.

4.3.12 Force Account Repair Costs

Force account repair costs that exceed the costs comparable to those expected by the 

competitive bidding process are not eligible.
41

4.3.13 Heavy Maintenance

Work usually done to repair damage normally expected from seasonal and occasionally 

unusual natural conditions or occurrences is considered heavy maintenance and is not 

eligible. This includes work at a site that is 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 even though it exceeds the minimum site threshold of 

$5,000.

4.3.14 Indirect Costs

Costs that are not allocable to a specific project such as administration, overhead, general 

supervision, contract administration other than construction engineering, and project 

planning and scheduling are considered indirect costs that may be eligible for funding. 

For guidance concerning indirect costs, refer to FHWA Memorandum "Clarification of 

Policy on Indirect Costs of State and Local Governments," May 5, 2004 (available online 

at http://www.fhwa.dot.gov/legsregs/directives/policy/indirectcost.htm). 

Appendix E of 2 CFR §225 points out the need to properly account for "extraordinary or 

distorting expenditures" in order to ensure an equitable distribution of indirect costs to all 

benefiting cost objectives (ERFO and non-ERFO awards/activities). Not making 

allowances for the one-time infusion of significant amounts of ERFO dollars is not 

allowed. Submit a separate indirect cost rate that equitably allocates indirect costs to 

ERFO projects to the FLHD Director for review and approval. 

4.3.15 Levees and Dikes

Levees and dikes constructed for water control are not eligible. Roads on top of these 

structures are eligible (usually limited to the top 12 inches) after repair to levees or dikes 

are completed. 

4.3.16 Permanent Repairs

Permanent repairs are those repairs undertaken after the occurrence of a disaster to 

restore the facility to its pre-disaster condition. Permanent repairs performed prior to 

authorization are not eligible, unless it is determined by the FLHDD to be the most

economical and feasible operation to quickly restore essential traffic. Funding is limited 

to the cost to repair or reconstruct a comparable facility that meets the current geometric 

and construction standards required for the types and volume of traffic that the facility 

will carry over its design life. 

4.3.17 Post Construction Costs

Post construction costs are limited. When repairs have been completed and the facility is 

open for use the owner is expected to resume maintenance and management of the 

facility. Costs that are required as a condition of a permit or consultation with a 

regulatory agency are eligible for up to one year after the project is substantially 

complete. Costs such as monitoring, remediation, or follow up related to slides, invasive 

species, animal migration, or other project impacts are not eligible.
42

4.3.18 Preventative Work

Preventative work to avoid damages is not eligible unless approved as betterment.

4.3.19 Programmed Work

Programmed work to repair or replace facilities damaged during a disaster is not eligible.

This work must be financed as originally intended. A project is considered 

“programmed” if the construction phase is included in the FHWA, TTP, FLMA or State 

Transportation Improvement Program or if contract plans are being prepared.

4.3.20 Right-of-Way

Right-of-way acquisition required for repair of eligible damage is eligible for ERFO 

funding.

4.3.21 Slides

a) Debris removal and reconstruction to provide a safe usable roadway is eligible. 

b) Pre-existing slides are eligible only if the slide is significantly accelerated by the 

disaster. Pre-existing, slow moving slides that are not significantly accelerated 

during the event are not eligible.

c) Slide stabilization is eligible if it is a cost effective betterment. A detailed analysis 

of the slide must be submitted for review. The cost of the analysis is the 

responsibility of the Applicant agency. ERFO funds may not be provided for all 

corrective measures performed by the applicant to “stabilize” the slide. ERFO 

funds generally are limited to paying the cost to provide a usable road. The 

analysis must show that stabilization costs do not exceed anticipated future ERFO 

costs to remove debris and provide a usable road.

d) The cost of monitoring slide stabilization measures after construction is NOT 

eligible for ERFO funds.

e) Slides that occur after the disaster period may be eligible for ERFO funds if 

written documentation shows that the slides were the direct result of the disaster 

event.

4.3.22 Stone Masonry

a) Stone masonry repairs on walls meeting current standards are eligible provided 

the applicant is able to document the pre-disaster condition of the masonry and 

the stone masonry damage is the result of the event.

b) Stone masonry is only eligible if the damaged/destroyed feature had stone 

masonry and it is approved by the FLHD Director. 

c) Substandard Stone Walls. A replacement wall meeting current standards is 

eligible for ERFO funds if the applicant agrees to reconstruct the entire wall to 

current standards and uses non-ERFO funds to replace the undamaged portion(s) 

of the wall. However, if a small section is damaged, ERFO funds could be used to 

repair the wall to pre-disaster conditions.
43

4.3.23 Stream Channel Reconstruction

Reconstruction of the stream channel necessary for the continued safe operation of bridge 

and drainage facilities is eligible for ERFO funding.

4.3.24 Studies

Studies undertaken to make transportation or land management decisions are not eligible.

These include studying and gathering information for:

a) Access Travel Management or Long Range Transportation Planning.

b) Alternatives not approved for ERFO funding.

c) Long-term environmental impacts such as climate change or hydrologic change

resulting from fires.

d) Road closure/decommissioning.

4.3.25 Supplemental Damage

Additional damage to a previously-approved site may be eligible.

a) Damage that occurs before permanent repairs are completed is eligible for ERFO 

funds provided:

(1) The additional damage could not have been anticipated and appropriate 

emergency ERFO repairs were made to prevent further damage.

(2) The repairs are not the responsibility of a contractor.

b) When additional damage is the result of a subsequent eligible disaster event, the 

repairs are eligible. The repairs may be combined under either event as follows:

(1) If the cost of the additional damage is applied to the original disaster, an 

amended Damage Survey Report (DSR) is required.

(2) If the cost of the additional damage is applied to the new event, a new DSR is 

required and the original DSR for that site must be amended.

c) Damage that occurs after permanent repairs are completed may be eligible if it 

can be shown that the damage was directly caused by the event and not by other 

factors, and the repair shows signs of failure within three months after final 

inspection.

4.3.26 Surfacing

a) Traffic Damage. In general, repair of roadway surfacing, due to traffic damage, 

even if damage is aggravated by saturated subgrade conditions is not eligible 

unless the following:

(1) Damage was caused by vehicles making emergency repairs to eligible 

facilities
44

(2) Damaged was caused by public traffic on officially designated detour routes

(3) Damage is documented within 6-month of the disaster

(4) Pre-disaster condition of the surface is well documented.

(5) Legal loads were hauled over the damage areas.

b) Major roadway surfacing loss is eligible.

c) Roadway surface upgrades beyond the pre-disaster conditions are not eligible.

d) Frost heaving and resulting pot holes are not eligible even if the roadbed has been 

saturated by floodwaters.

4.3.27 Traffic Control

Traffic control at eligible sites, such as signs, barricades, and flagging traffic through or

around damaged sections of roadway or bridges, is eligible.

4.4 Betterments

Betterments (added features) that increases resiliency and helps to protect highway facilities 

from possible future ERFO eligible damage may be eligible if the applicant demonstrates 

through a life cycle cost analysis that it is economically justified to the ERFO program. The 

analysis should apply the best available scientific and economic information available to 

forecast and assess future risk factors.

a) Requests for funding betterments must be submitted by the applicant to the FLHD 

Director for approval. The justification and economic analysis should be submitted 

with the DSR within nine months of the positive finding.

b) Life Cycle Cost Analysis. Betterments must be clearly justified to the ERFO program

through a life cycle cost analysis. The analysis must be based solely on the present 

and future expected cost to the ERFO program. The analysis cannot include normal 

operation and maintenance costs of pre-disaster deficient facilities, or other factors 

typically included in highway benefit/cost evaluations, such as maintenance costs, 

traffic delay costs, added user costs, motorist safety, and economic impacts. The 

analysis period is typically limited to 25 to 50 years.

Special Note: In many instances betterments will fail to meet the test of being 

economically justified to the ERFO program. If the betterment provides considerable 

benefit when other factors are considered, the applicant is encouraged to use other funds, 

as appropriate, to fund it. These other funds must be identified to the FLHD Director on 

the annual Disaster Status Report.

c) Examples of Betterments. The following examples may help protect highway 

facilities from possible future damage and as a result may be approved:

(1) Raising roadway grades.

(2) Relocating roadways to higher ground or away from slide-prone areas.
45

(3) Stabilizing slide areas.

(4) Stabilizing slopes.

(5) Installing riprap.

(6) Lengthening or raising bridges to increase waterway openings.

(7) Deepening channels.

(8) Increasing the size or number of drainage structures.

(9) Replacing culverts or low water crossings with bridges.

(10)Installing seismic retrofits on bridges.

(11)Adding scour protection at bridges.

(12)Adding spur dikes.

4.5 Environmental Requirements

a) NEPA. Repair, reconstruction, restoration, retrofitting, or replacement of damaged 

eligible facilities is categorically excluded from the requirements relating to 

environmental assessments or environmental impact statements (23CFR

§771.117(c)(9)) if the work:

(1) occurs within the existing right of-way and in a manner that substantially 

conforms to the preexisting design, function, and location as the original (which 

may include upgrades to meet existing codes and standards as well as upgrades 

warranted to address conditions that have changed since the original 

construction); and

(2) is commenced within a 2-year period beginning on the date of the Governor's or 

Presidential disaster declaration.

However, if impacts to protected or otherwise sensitive or high-value resources are 

possible, advance coordination with the appropriate local, state, and federal resource 

agencies should be closely considered to avoid or minimize project delays or 

shutdowns.

b) Funding. When project changes are required to avoid, minimize, or mitigate 

environmental impacts related to the repair or reconstruction of eligible facilities, the 

additional costs are fully funded up to 100% of the least cost, environmentally viable 

alternative that meets current standards when the Applicant submits the following

documentation:

(1) The specific section of the law, regulation, policy, or treaty that prohibits repair 

in-kind;

(2) The specific impacts of the repair in-kind alternative that must be avoided, 

minimized, or mitigated;

(3) A project description and cost estimate of the least cost, environmentally viable 

project that will meet the minimum requirements;
46

(4) FLMA certification that the scope changes are necessary and in the public’s best 

interest; and

(5) Results of consultation with regulatory agencies, if applicable.

c) Aquatic Organism Passage

(1) Costs for upsizing culverts or making other modifications to accommodate 

aquatic organism passages are eligible when required; and

(2) Costs of major improvements (e.g., replacing a culvert with a bridge), will not be

considered eligible for ERFO funding, except when expressly approved by the 

FLHDD.

4.6 Replacement Facilities

Restoration in kind on the same alignment is the most common and typically the most cost 

effective repair. When it is not practical and economically feasible from an engineering 

perspective to restore a damaged element to its pre-existing condition or if there is an

alternative such as an alignment shift that has a lower cost, a Replacement Facility alternative 

should be developed.

4.6.1 Design Standards

Replacement facilities may be built to current design standards (e.g. AASHTO, FLH 

Project Development and Design Manual, Local Agency Design Standards) required for 

the type and volume of traffic that the facility will carry over its design life.

4.6.2 Funding

ERFO funds are limited to the least cost alternative that meets current engineering 

standards. The Applicant may supplement ERFO funds with other funds to construct an 

alternate facility. 

4.7 Resolving Eligibility Issues

Resolving eligibility issues shall be handled between the FLHD and applicant ERFO 

coordinators.

4.7.1 Unresolved Disputes 

Unresolved disputes may be forwarded to the FLHDD.

4.7.2 Appeals

Appeals may be elevated to the FLH Associate Administrator with copies to the 

following:

a) Director, Office of Program Development

b) ERFO Program Manager
47

Chapter 5 Roles and Responsibilities

5.1 Applicant

The applicant's representative is responsible for coordinating ERFO activities at the 

following organizational levels:

a) Field

(1) Takes photos of the damage prior to repairs to help justify and document site 

eligibility.

(2) Initiates emergency repairs.

(3) Advises higher authorities about the severity and extent of the damage.

(4) Participates on disaster assessment teams and provides all available information 

required for the Disaster Assessment Report.

(5) Arranges for advance briefing sessions.

(6) Ensures that all teams evaluate the damage in a consistent manner.

(7) Leads completion of Damage Survey Reports.

(8) Completes all required documentation from the beginning to end for the 

Program of Projects (see Chapter 2).

(9) Requests approval to use force account.

(10) Oversees the development of Plans, Specifications, and Estimates.

(11) Designates the Contracting Officer for work being administered by the 

applicant.

(12) Concurs in award/rejection of bids.

(13) Accepts completed construction.

(14) Insures prompt and efficient completion of ERFO repairs.

(15) Requests funds from Regional/State offices.

(16) Administers transfer of ERFO funds from applicant’s headquarters office. 

(17) Recovers ERFO repair costs from legally responsible parties and contacts the 

ERFO Program Manager about re-payment policies.

(18) Submits the following to the Federal Lands Highway Division office through 

the applicant's Regional/State/District office:

i. Notice of Intent Letter.

ii. Program of Projects.

iii. Requests for changes.

iv. Plans, Specifications, & Estimates. 

v. Suitable justification for all requests for Time Extension(s).
48

vi. Disaster Status Report.

vii. Any request for Federal Lands Highway assistance in project development 

and/or construction process.

b) Regional/State/District Office is responsible for the following activities:

(1) Notifies the Federal Lands Highway Division's ERFO Coordinator of a natural 

disaster or catastrophic failure.

(2) Arranges Disaster Assessment activities.

(3) Assigns a single point of contact (POC) to coordinate with the Federal Lands 

Division ERFO Coordinator.

(4) Participates in Disaster Assessment activities in the field.

(5) Assembles the following:

i. Program of Projects.

ii. Revisions for the disaster.

(6) Prepares all ERFO correspondence for the applicant field unit including but not 

limited to the following:

i. Notice of Intent Letter.

ii. Program of Projects Letter.

iii. Time Extension requests.

iv. All Disaster Status Reports (including partial). 

vi. Any request for a Federal Lands Highway Division assistance in project 

development and/or construction process.

(7) Monitors and ensures prompt and efficient completion of all repairs.

(8) Provides:

i. Technical assistance.

ii. Copies of this ERFO Manual.

iii. Training.

iv. Information.

v. Eligibility guidance to applicant (field units).

vi. Documentation that facilities meet eligibility requirements.

vii. Maps identifying public and administrative routes.

(9) Requests funds through the applicant's headquarters office.

(10) The Bureau of Indian Affairs has the responsibility to inform local government 

entities, who have facilities under their jurisdiction that are on the national tribal 

transportation facility inventory, that their facilities are eligible for the ERFO 

Program. 
49

(11) The BIA is responsible for all ERFO Program activities for all tribes from the 

start of the disaster through the approval of the Program of Projects. When

FHWA agreement tribes request funds directly from FLH Headquarters (after 

approval of the Program of Projects), the FLH TTP Office is responsible for 

management of the ERFO Program for FHWA agreement tribes.

c) Headquarters 

(1) Advises applicant field units of the amount of ERFO funds available for their 

disasters.

(2) Requests the following from the Federal Lands Highway Headquarters office:

i. ERFO fund transfers. 

ii. Liquidating cash.

(3) Reinstatement of year-end unobligated ERFO fund balances.

(4) Reports annual obligations and expenditures of ERFO funds to Federal Lands 

Highway Headquarters office.

5.2 Federal Lands Highway

a) Tribal Transportation Program Director is responsible for administrating funds 

transferred to FHWA agreement tribes.

(1) Transfers funds through Reference Funding Agreements.

(2) Ensures costs are tracked by site.

(3) Oversees development of Plans, Specifications, and Estimate (PS&E).

(4) Ensures compliance with NEPA and all applicable environmental law and 

regulations.

(5) Ensures repairs are within scope of approved DSRs and POP.

(6) Submits annual Disaster Status Reports to the FLHD Director.

(7) Submits annual Unobligated Balance Report to the FLH ERFO Program 

Manager.

(8) Submits time extensions when required and justified.

(9) Provides Contract and Financial records at Disaster Closeout.

(10) Facilitates funding reconciliation prior to final closeout.

b) Division ERFO Coordinators are primarily responsible for coordination of the ERFO 

Program and subsequent activities with the applicant's Regional/State office. They are 

also responsible for ERFO program issues and activities within the Federal Lands 

Highway Division office and with the Federal Lands Highway Headquarters office 

including but not limited to the following:

(1) Receives informal Notices of Intent from the applicant.
50

(2) Contacts other federal agencies to see if they have related damage.

(3) Notifies the Federal Lands Highway Division Director.

(4) Notifies Federal Lands Highway ERFO Program Manager.

(5) Writes the Notice of Intent, Acknowledgment Letter.

(6) Conducts Disaster Assessments to verify the significant impact of the natural 

disaster or catastrophic failure and then coordinates all Disaster Assessment 

activities necessary for preparing Disaster Assessment Reports.

(7) Writes the Disaster Assessment Report.

(8) Provides joint guidance briefings prior to beginning the Damage Surveys.

(9) Coordinates Damage Survey Team(s) assignments.

(10) Instructs the Damage Survey Team(s) about the following:

i. How to perform the detailed damage site inspections. 

ii. How to prepare the Damage Survey Reports.

iii. Eligibility requirements.

(11) Reviews and ensures completeness of all pertinent documentation including, but 

not limited to, the following: 

i. Damage Survey Reports.

ii. Applicant Program of Projects and subsequent revisions.

iii. Disaster Status Reports. 

iv. Time Extension requests.

(12) Makes recommendations to the Federal Lands Highway Division Director.

(13) Discusses eligibility questions with the Federal Lands Highway Division 

Director. 

(14) Forwards eligibility questions that cannot be resolved between the Federal 

Lands Highway Division Director and the applicant to the Federal Lands 

Highway ERFO Program Manager for resolution.

(15) Spends as much time in the field as practical when Damage Survey Reports are 

being prepared.

(16) Retains the original of each Damage Survey Report and furnishes a copy of 

each completed Damage Survey Report to the applicant.

(17) Reviews the applicant's Program of Projects.

(18) Writes and forwards the Program of Projects Approval Letter and corresponding 

spreadsheets to the Federal Lands Highway Division Engineer for 

signature/approval.

(19) Writes ERFO correspondence for the Federal Lands Highway Division 

Director.
51

(20) Reviews and recommends approval of a variety of documents including, but not 

limited to, the following:

i. Applicant's Disaster Status/ Reports.

ii. Completed ERFO projects.

iii. Plans, Specifications, and Estimates on selected projects

iv. Damage Survey Reports and their amendments.

v. Program of Projects and their revisions.

vi. Time Extensions.

(21) Monitors in-house design efforts.

(22) Requests funds from Federal Lands Highway Headquarters office.

(23) Administers allocated ERFO funds.

(24) Serves as Contracting Officer’s Representative (COR) on reimbursable 

agreements.

(25) Prepares Disaster Status Reports for in-house work.

(26) Forwards Disaster Status Reports to the Federal Lands Highway ERFO Program 

Manager.

(27) Conducts Disaster Closeout reviews in a timely manner, makes closeout 

recommendations to the Federal Lands Highway Division Director, and prepare 

final Closeout Letters.

(28) Prepares and Forwards Fiscal Year Accomplishment Report to the Federal

Lands Highway ERFO Program Manager.

c) Division Director - Is ultimately responsible for successful administration of the 

ERFO Program within the Federal Lands Highway Division office. Specific duties 

include, but are not limited to, the following:

(1) Designates the Federal Lands Highway Division's ERFO Coordinator.

(2) Acknowledges the applicant's Notice of Intent Letter.

(3) Designates and dispatches Disaster Assessment Team(s), as necessary.

(4) Issues Positive or Negative Findings.

(5) Determines ERFO eligibility.

(6) Approves Damage Survey Reports, Program of Projects and subsequent 

changes/amendments.

(7) Delivers the ERFO Program for in-house work.

(8) Approves the following:

i. Requests for Time Extensions.

ii. Plans, Specifications, and Estimate package.
52

iii. Force Account work.

(9) Concurs in award/rejection of bids.

(10) Accepts completed construction for repairs performed by the Federal Lands 

Highway Division.

(11) Requests funds from Federal Lands Highway Headquarters office. 

(12) Administers allocated ERFO funds. 

(13) Completes disaster closeout in a timely manner.

(14) Enters into reimbursable agreements with local government entities, prior to 

performing work.

(15) Ensures compliance with NEPA and all applicable environmental law and 

regulations.

(16) Forwards final Disaster Repair Closeout Report and letter to the Federal Lands 

Highway office.

d) ERFO Program Manager

(1) Administers the nationwide ERFO Program and assures overall program quality 

through management oversight, program stewardship and funds accountability.

(2) Coordinates with the Federal Highway Administration's Emergency Relief (ER) 

Program Manager the following :

i. Annual ERFO fund allocations and transfers.

ii. Disaster Numbers.

iii. Reporting requirements.

iv. ERFO Funds Request for fiscal year.

v. Resolves conflicts between the ER and ERFO Programs.

(3) Transfers and allocates funds.

(4) Coordinates with applicant, division, and headquarters personnel.

(5) Issues policy and procedures.

(6) Reviews eligibility appeals from applicants and makes recommendations to the 

Director, Office of Program Development and the Associate Administrator, 

Office of Federal Lands Highway.

(7) Updates the ERFO Manual.

(8) Develops, conducts, and/or assists in ERFO training.

(9) Develops and monitors interagency agreements.

(10) Assists applicants in the reconciliation and reinstatement of end-of-year 

unobligated ERFO funds by Program Code.
53

(11) Coordinates with the applicant's headquarters offices and the Federal Lands 

Highway Division's ERFO Coordinators on monitoring program activities.

(12) Develops:

i. Method to track fund transfers and allocations.

ii. Fiscal year obligation projections.

(13) Leads the following efforts:

i. Overall ERFO quality assurance.

ii. Program stewardship.

(14) Monitors the following:

i. ERFO field activities.

ii. ERFO funds request and Program of Projects.

iii. Obligation of ERFO funds.

(15) Notifies each applicant how ERFO funds will be transferred.

(16) Provides:

i. Status and Fiscal Year Accomplishment reports, as required.

ii. Technical assistance and training.

iii. Status of the ERFO Program to the ER Program Manager.

iv. Guidance regarding administration of the ERFO Program.

(17) Reinstates unobligated ERFO funds to applicants at the end of the fiscal year.

(18) Reconciles fund transfers with the final Disaster Repair Closeout Report and 

letter.

d) Federal Lands Highway Director, Office of Program Development

(1) Advises the applicant's headquarters office about the availability of funds.

(2) Approves ERFO Policy changes and ERFO Program agreements.

(3) Replies to congressional and public correspondence.

(4) Decides appeals.

e) Associate Administrator, Office of Federal Lands Highway

(1) Delegates Administration of the ERFO Program.

(2) Decides appeals.

5.3 Tribal and Local government entities

a) Tribe, state, county, and other government agencies:
54

(1) Takes photos of the damage prior to repairs to help justify and document site 

eligibility.

(2) Initiates emergency repairs.

(3) Notifies an Applicant that NTTFI or NFLTFI facilities have been damaged and 

requests that the Applicant submit a Notice of Intent to apply for ERFO funds.

(4) Participates on disaster assessment teams and provides all available information 

required for the Disaster Assessment Report.

(5) Recovers ERFO repair costs from legally responsible parties.

(6) Participates in completion of Damage Survey Reports.

(7) Requests approval to use force account.

(8) Insures prompt and efficient completion of ERFO repairs.

(9) Participates on final inspection of ERFO projects.

(10) Requests funds from an Applicant or FLH. 

i. All Quick Release requests must be made through an Applicant. FHWA 

agreement tribes must apply through the BIA.

ii. All tribes (including FHWA agreement tribes) may only request funds that 

are needed for the current fiscal year from the BIA after the Program of 

Projects is approved.

iii. FHWA agreement tribes may only request funds needed for the current 

fiscal year directly from FLH Headquarters after approval of the Program 

of Projects.

(11) Enters into a funding agreement with an Applicant, the FLH TTP Office, or the

Federal Lands Highway Division Engineer.

Special Note: FHWA agreement tribes must enter into Reference Funding 

Agreements with the FLH TTP Office when they request funds directly from 

FLH Headquarters.

(12) Submits the following as required.

i. Plans, Specifications, & Estimates.

ii. Suitable justification for all requests for Time Extension(s).

iii. Disaster Status Reports each year until the disaster is closed.

iv. Disaster Closeout Reports and supporting documentation

(13) Tribes that receive advance funding must submit a quarterly Unobligated 

Balance Report to the entity from whom they received the funds (BIA or FLH 

TTP Office) until the disaster is closed.
55

(14) Advance funds transferred to tribes that are in excess of the final approved 

amount must be returned to the FLH ERFO Program through the FLH TTP 

Office.

5.4 Federal Highway Administration

The Secretary of the Department of Transportation has delegated the administration of the 

emergency relief provision contained in Title 23 United States Code, Section 125, to the 

Federal Highway Administrator.
56

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57

APPENDIXES

Appendix A – Definitions

Abbreviated plans. A set of construction drawings for a project, may not contain detailed 

plan and profile sheets, cross-section sheets, and culvert profile sheets. The drawings must 

provide all essential information necessary to describe the repairs to be accomplished and to 

allow bidders to properly estimate unit prices for the contract.

Acknowledgement letter. A letter issued by the Federal Lands Highway Division Director

(FLHDD) to the applicant upon receipt of the applicant’s Notice of Intent letter providing basic 

information about the subsequent disaster assessment, eligibility information, and application 

procedures, including the necessary coordination and cooperation between the applicant and 

FLHD Director.

Administrative road. A road under the jurisdiction of a federal agency or Native American 

Indian tribal government that does not meet the definition of a public road. These roads may be 

closed locally at any time for any reason and remain closed indefinitely. Some of these roads 

may be gated or closed by earth barricades.

Allocation. An administrative distribution of funds for programs that do not have statutory 

distribution formulae. Allocations are made authorizing an amount of funds, by program code, 

for a specific ERFO disaster event.

Allotment. Provides current year obligation authority to the FLH or federal agency (FHWA’s 

Allotment Advice Form 370).

AOP. Aquatic Organism Passage

Applicant. Any federal agency which submits an application for emergency relief (ERFO 

funds) and that has authority to repair or reconstruct eligible facilities.

Betterment. Added features/facilities, not existing prior to the natural disaster or catastrophic 

failure, to help prevent future damage.

BIA. Bureau of Indian Affairs.

Catastrophic failure. The sudden failure of a major element or segment of an eligible facility

which is not primarily attributable to gradual and progressive deterioration or lack of proper 

maintenance. The closure of a facility because of imminent danger of collapse is not in itself a

sudden failure.

CFLHD. Central Federal Lands Highway Division.

Comparable facility. A facility which meets the current geometric and construction standards 

required for the type and volume of traffic that the facility will carry over its design life.

Construction engineering. The work performed to supervise the construction operations 

through inspection of construction repairs, payments to the contractor, and otherwise 

representing the interests of the government.

Construction limits. The limits on each side of the project which establish the area disturbed 

by construction operations and beyond which no disturbance is permitted.
58

Damage Survey Report (DSR). A FLH ERFO form that documents damage by road/route 

number and mile post, scope of work, estimated repair costs, and eligibility recommendations.

Damage site survey team. A team composed of Federal Highway Administration (FHWA) 

and applicant representatives responsible for conducting inspections of damage sites. They 

collect the information used to prepare the Damage Survey Report.

Decommissioning or Storing. Decommissioning, including storage of the road, may include 

one or more of the following:

a) Blocking the entrance to a road and installing water bars;

b) Removing culverts, re-establishing drainage-ways; and

c) Removing unstable fills, pulling back road shoulders, obliteration, and erosion control. 

Disaster assessment. An on-site evaluation of a site or sites conducted by a Disaster 

Assessment Team to determine extent, type, impact of damage, and cost to repair damage.

Disaster assessment report. Documentation of the extent, type, impact, and cost of damage 

to transportation facilities that is used to determine whether an event, a natural disaster or 

catastrophic failure, has occurred and includes recommendations for a Positive or Negative 

Finding to the FLHD Director. 

Disaster assessment team. A team of FHWA and applicant representatives who conduct a 

Disaster Assessment.

Disaster number. Reference number issued by the FLH ERFO Program Manager to the 

applicant indicating state, fiscal year of the disaster event (four digits only), sequential number of 

approved events for that state; and federal agency. 

For example, WA2010-2-NPS indicates that it is for the second disaster event in Washington 

during fiscal year 2010 for the National Park Service. It could be either the first or the second 

Emergency Relief (ER) or ERFO disaster event in Washington.

DSR. See Damage Survey Report.

DSR number. Number assigned to each Damage Survey Report by the applicant. The number 

may contain the road/route number and the mile post number.

EFLHD. Eastern Federal Lands Highway Division.

Emergency repairs. Those repairs, including necessary preliminary engineering, construction 

engineering, and temporary traffic operations, undertaken with 6 months after a natural disaster 

or catastrophic failure to:

a) Restore essential travel;

b) Protect remaining facilities, and

c) Minimize the extent of damage.

Engineered Surface. Consisting of manufactured materials (asphalt, concrete or crushed 

aggregate material) that are firm and stable under all weather conditions.

Equipment. Apparatus that is tangible, non-expendable, personal property having a useful life 

of more than one year and an acquisition cost of $5,000 or more per unit.
59

ERFO. Emergency Relief for Federally Owned roads.

ERFO Coordinator. An individual designated by the FLHD Director to have overall ERFO 

Program coordination responsibility within the Division.

ERFO funds. Emergency relief funds available for expenditure under the authority of 23 

U.S.C. 125(a) and (c).

ERFO Program Manager. An individual designated by the FLH Associate Administrator 

and the Director, Office of Program Development, who is the FLH point of contact for the 

administration and oversight of the nationwide ERFO Program.

Event. See Natural Disaster and Catastrophic Failure.

Event number. See Disaster Number.

Facility. A public highway, road, bridge, trail, or transit system.

Federal-aid billing system. The financial accounting system used by the FHWA’s Federalaid Divisions to reimburse states for eligible federal-aid expenses.

Federal-aid Division office. FHWA field office located in every state.

Federal Lands Highway Division Director. The individual designated to have overall 

responsibility for the operations of one of the three FLH Divisions.

Federal Lands Highway Associate Administrator. The individual designated to have 

overall responsibility for the administration and delivery of the FLH Program.

Federal Lands Highway Director, Office of Program Development. The individual 

designated to have overall responsibility for the program development and oversight of the FLH 

Program.

Federal Lands Transportation Facility. A public highway, road, bridge, trail, or transit 

system that is located on, is adjacent to, or provides access to federal lands for which title and 

maintenance responsibility is vested in the Federal Government, and that appears on the national 

federal lands transportation facility inventory (23 U.S.C. Sec. 101(8).

FHWA. Federal Highway Administration.

FHWA Agreement Tribes. Tribes who have a formal agreement with FLH in the Tribal 

Transportation Program (TTP).

Finding. A letter or other official correspondence issued by the FLHD Director to an applicant 

giving notification that, pursuant to 23 U.S.C. 125, eligible facilities have (positive finding) or 

have not (negative finding) been found to have suffered serious damage as the result of a natural 

disaster over a wide area, or a catastrophic failure.

FLH. Federal Lands Highway.

FLHD. Federal Lands Highway Division

FLHDD. Federal Lands Highway Division Director

FLHP. Federal Lands Highway Program.

FLMA. Federal Land Management Agency.
60

FLTP. Federal Lands Transportation Program

Force account. A method of reimbursement for repair work performed by the applicant that is 

based on actual labor, equipment, and material costs.

Functionally obsolete. A bridge is functionally obsolete when the deck geometry, load 

carrying capacity (comparison of the original design load to the state legal load), clearance, or 

approach roadway alignment no longer meets the usual criteria for the system of which it is an 

integral part.

FY. Fiscal year.

Heavy maintenance. Work usually done to repair damage normally expected from seasonal 

and occasionally unusual natural conditions or occurrences is considered heavy maintenance. 

This 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 even though it exceeds the minimum site threshold of $5,000. Repair work which 

normally includes the following:

a) Grading roads rutted by traffic;

b) Cleaning or reshaping ditches;

c) Correction of minor embankment or cut slope slip-outs;

d) Removal of minor deposits of debris on roadways;

e) Correction of minor erosion damage to traveled way, shoulders (i.e., loss of surfacing 

down to sub-grade), or embankments;

f) Removal of minor mud deposits on roadways;

g) Minor pavement settlement unless significantly accelerated by the disaster event;

h) Minor damage to guardrail;

i) Minor riprap damage;

j) Replacement of short, isolated sections of surfacing washed away by flood water;

k) Cleaning of culverts;

l) Minor damage to culverts;

m) Minor repair of fencing;

n) Repair or replacement of isolated traffic signs;

o) Area-wide projects to correct extensive minor damage; and

p) Specialized equipment not normally required by routine maintenance.

Indirect Cost. Costs that are incurred for an approved site that are not readily assignable to a 

specific DSR without effort disproportionate to the results achieved.

Interagency agreement. A Memorandum of Agreement (MOA) between the FHWA and a 

federal agency establishing procedures for ensuring full cooperation under the ERFO Program 

and the administration of ERFO funds to repair or reconstruct agencies’ eligible facilities

damaged by natural disasters or catastrophic events.
61

Lead Agency. The agency who either awards a contract to repair damage or whose personnel 

and equipment are used to repair damage.

Life cycle cost analysis. A systematic quantitative method of assessing the desirability of 

adding Betterment to an ERFO project. The analysis must be based solely on discounted future 

ERFO eligible repair costs (both with and without the betterment), and the present cost of the 

betterment. The analysis cannot include other factors typically included in highway life cycle 

cost evaluations, such as traffic delay costs, added user costs, motorist safety, maintenance, and 

economic impacts.

MAP-21. Moving Ahead for Progress in the 21st Century Act

Major loss. A loss of materials from a roadway (e.g. gravel surfacing) that results in the 

operation or usefulness of the roadway being severely diminished to the extent that the roadway 

is not traversable by all classes of vehicles or the roadway is no longer safe to travel.

National Environmental Policy Act (NEPA). A law enacted in 1969 that set the national 

environmental policy, established the basis for environmental impact statements, and created the 

Council on Environmental Quality. NEPA also requires federal agencies to use an 

interdisciplinary approach in planning and decision making for actions that impact the 

environment, and the preparation of an environmental impact statement on all major federal 

actions significantly affecting the human environment.

Natural disaster. A sudden and unusual natural occurrence such as a flood, hurricane, severe 

storm, tidal wave, earthquake, or landslide that causes serious damage over a wide geographical 

area. 

Notice of Intent letter. First formal application for ERFO funds submitted by the applicant to 

the FLHD Director (see Appendix C.1).

Open to public travel. Open to the general public except during scheduled periods, extreme 

weather conditions, or emergencies. Roads must be open for use with a standard passenger 

vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic 

control or restrictions based on size, weight, or class of registration.

Parking lots. Areas that are all weathered engineered surfaced (asphalt, concrete or crushed 

aggregate material) at locations designated for parking vehicles and staging of recreational 

equipment providing access to significant points of interest.

POP. Program of Projects.

Permanent work (permanent repair). Repair or reconstruction to pre-disaster or other 

allowed geometric and construction standards and related PE and CE in accordance with an 

approved DSR.

Preliminary engineering (PE). The preparation of plans, specifications, and estimates and 

other related documentation for use to construct repairs.

Program code. An alpha-numeric code used by the FHWA and the applicant to track the 

obligation and expenditure of ERFO funds.

Program of Projects (POP). A list of projects either proposed by the applicant or approved 

by the FLHD Director. The approved Program of Projects establishes the maximum amount of 

ERFO funds to be distributed pending availability.
62

Programmed project. A project in which the construction phase is included in the FLH 

Program or State Transportation Improvement Plan, or in which the contract plans are being 

prepared for advertisement within the next three years.

Public authority. A federal, state, county, town or township, American Indian tribe, 

municipal or other local government or instrumentality with authority to finance, build, operate, 

or maintain toll or toll-free facilities.

Public road. Any road or street under the jurisdiction of and maintained by a public authority 

and open to public travel.

Quick Release. A transfer of ERFO funds for emergency repairs made prior to the approval of 

the Program of Projects and after the positive finding is issued. These funds are only to be used 

by the applicant to make emergency repairs to re-establish its vital transportation system(s) after 

a catastrophic failure or natural disaster over a wide area.

Replacement facilities. Completely reconstructed (vs. repaired) facility built to current

standards.

Right-of-way. Land acquired for and devoted to transportation purposes.

Road Management Objectives (RMOs). The U.S. Forest Service’s official forest plan 

implementation documents that display the intent and purpose of each road to provide access for 

the implementation of land and resource management plans. RMOs must be attested to as 

accurate by a line officer, usually the U.S. Forest Service District Ranger.

Roadway cross-section. The finished or proposed finished road section between construction 

limits.

Serious damage. Heavy, major, or unusual damage to a highway which severely impairs the 

safety, or usefulness of the highway or results in road closure and must be beyond the scope of 

heavy maintenance.

Sidewalk. A path with an engineered surface along the side of a street or road for people to 

walk on.

Sliding Scale. The standard ERFO share of the Permanent Repair of federally owned roads 

that are not tribal transportation facilities or federal lands transportation facilities is 80%. Title 

23, United States Code, Section 120 (b)(1) and (2), allows an upward adjustment (the "Sliding 

Scale") of the ERFO share for states that have a large amount of federal lands. The Sliding Scale

is found over the internet at http://www.fhwa.dot.gov/legsregs/directives/notices/n4540-

12a2.htm.

State Transportation Agency. The department, commission, board, or official of any state 

charged by its laws with the responsibility for transportation facilities.

Statewide Transportation Improvement Program (STIP). A staged, multi-year, statewide, 

intermodal program (list) of transportation projects consistent with the Statewide Transportation 

Plan including the long-term vision of the state’s multi-modal and intermodal transportation 

system.

Structurally deficient. A bridge is structurally deficient when there is an extreme restriction 

on its load-carrying capacity, or it is frequently over-topped during flooding events causing 

severe traffic delays.
63

Trail. A pedestrian route developed primarily for outdoor recreational purposes. A pedestrian 

route developed primarily to connect elements, spaces, or facilities within a site is not a trail.

Transportation Improvement Program (TIP). A staged, multi-year, metropolitan, 

intermodal program (list) of transportation projects that is consistent with the short-term and 

long-term vision of the metropolitan area’s intermodal transportation system.

Traveled way. The portion of the roadway for the movement of vehicles, exclusive of the 

shoulders.

Tribal transportation facility. A public highway, road, bridge, trail, or transit system that is 

located on or provides access to tribal land and appears on the national tribal transportation 

facility inventory (23 U.S.C. Sec. 101(31)).

TTP. Tribal Transportation Program

TTP Coordinator. The tribes point of contact for the Tribal Transportation Program

Transit. Public transportation that provides regular, continuing shared-ride surface 

transportation services that are open to the general public 

WFLHD. Western Federal Lands Highway Division.
64
65

Appendix B – ERFO Disaster Assistance Service Area Reference Matrix

ERFO Disaster Assistance Service Area Reference Matrix

State Federal Lands Management Agency/Servicing Federal Lands Highway Division Office

Bureau of Indian Affairs 

Department of Defense 

Army Corps of Engineers

Bureau of Land 

Management

Forest 

Service

Bureau of 

Reclamation

Fish and 

Wildlife 

Service

National Park 

Service

Alabama EFLHD EFLHD EFLHD EFLHD

Alaska WFLHD WFLHD WFLHD WFLHD WFLHD WFLHD

Arizona CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

Arkansas EFLHD EFLHD EFLHD EFLHD

California CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

Colorado CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

Connecticut EFLHD EFLHD EFLHD EFLHD

Delaware EFLHD EFLHD EFLHD EFLHD

Florida EFLHD EFLHD EFLHD EFLHD

Georgia EFLHD EFLHD EFLHD EFLHD

Hawaii CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

Idaho WFLHD WFLHD WFLHD WFLHD WFLHD WFLHD

Illinois EFLHD EFLHD EFLHD EFLHD

Indiana EFLHD EFLHD EFLHD EFLHD

Iowa EFLHD EFLHD EFLHD EFLHD

Kansas CFLHD EFLHD CFLHD EFLHD CFLHD

Kentucky EFLHD EFLHD EFLHD EFLHD

Louisiana EFLHD EFLHD EFLHD EFLHD

Maine EFLHD EFLHD EFLHD EFLHD

Maryland EFLHD EFLHD EFLHD EFLHD

Massachusetts EFLHD EFLHD EFLHD EFLHD

Michigan EFLHD EFLHD EFLHD EFLHD

Minnesota EFLHD EFLHD EFLHD EFLHD

Mississippi EFLHD EFLHD EFLHD EFLHD

Missouri EFLHD EFLHD EFLHD EFLHD

Montana WFLHD WFLHD WFLHD WFLHD WFLHD WFLHD

Nebraska CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

Nevada CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

New Hampshire EFLHD EFLHD EFLHD EFLHD

New Jersey EFLHD EFLHD EFLHD EFLHD

New Mexico CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

New York EFLHD EFLHD EFLHD EFLHD

North Carolina EFLHD EFLHD EFLHD EFLHD

North Dakota CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

Ohio EFLHD EFLHD EFLHD EFLHD

Oklahoma CFLHD EFLHD CFLHD EFLHD CFLHD

Oregon WFLHD WFLHD WFLHD WFLHD WFLHD WFLHD

Pennsylvania EFLHD EFLHD EFLHD EFLHD

Puerto Rico EFLHD EFLHD EFLHD EFLHD
66

ERFO Disaster Assistance Service Area Reference Matrix

State Federal Lands Management Agency/Servicing Federal Lands Highway Division Office

Bureau of Indian Affairs 

Department of Defense 

Army Corps of Engineers

Bureau of Land 

Management

Forest 

Service

Bureau of 

Reclamation

Fish and 

Wildlife 

Service

National Park 

Service

Rhode Island EFLHD EFLHD EFLHD EFLHD

South Carolina EFLHD EFLHD EFLHD EFLHD

South Dakota CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

Tennessee EFLHD EFLHD EFLHD EFLHD

Texas CFLHD EFLHD CFLHD CFLHD CFLHD

Utah CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

Vermont EFLHD EFLHD EFLHD EFLHD

Virginia EFLHD EFLHD EFLHD EFLHD

Virgin Islands EFLHD EFLHD EFLHD EFLHD

Washington WFLHD WFLHD WFLHD WFLHD WFLHD WFLHD

Washington, DC EFLHD EFLHD EFLHD EFLHD

West Virginia EFLHD EFLHD EFLHD EFLHD

Wisconsin EFLHD EFLHD EFLHD EFLHD

Wyoming

Yellowstone Grand 

Tetons

CFLHD CFLHD CFLHD CFLHD CFLHD CFLHD

WFLHD

WFLHD

Legend

EFLHD CFLHD WFLHD

Eastern Federal Lands Highway Division Central Federal Lands Highway Division Western Federal Lands Highway Division

21400 Ridgetop Circle 12300 West Dakota Ave. 610 East Fifth Street 

Sterling, VA 20166 Lakewood, CO 80228 Vancouver, Washington 98661-3801

Phone: (571) 434- 1547 Phone: (720) 963-3425 Phone: (360) 619-7620
67

Appendix C – Correspondence

(Samples, Instructions, Tables and Reports)

C.1 Notice of Intent

Letter to be written by the Applicant’s Regional or State Office

Date

Federal Lands Highway Division Director

Federal Highway Administration

[Division name]

[Address]

[City, State, Zip]

This letter is our formal Notice of Intent to apply for emergency relief funds to assist with the needed repairs and 

reconstruction under provisions of 23 U.S.C. 125. On [date], we conveyed by telephone to [name] our informal 

Notice of Intent to seek emergency relief funds.

We request a finding on the eligibility of damage to roads and trails that occurred on the [Forest, District, Park, 

Reservation] in the Counties of [name] in the state of [name].

The damage occurred on [specific date(s)].

Damage included failure over a wide area of:

[number] bridges

[number] bridge approaches

[number] roads

The damage was caused by [describe the nature and intensity of the disaster event or catastrophic failure].

The preliminary cost estimate to restore eligible facilities to their pre-event condition is:

[list or state dollar amounts]

Counties covered by a presidential disaster declaration include [list].

Counties covered by a Governor’s Proclamation of Emergency include [list].

Please ensure that responses to this letter are copied to [name, title, address].

If you have any questions, please contact [name, title] at [telephone number].

Sincerely,

Signature

[Name]

[Title]

cc: FLHD ERFO Coordinator
68

C.1.1 Notice of Intent letter instructions

First formal application for ERFO funds submitted by the applicant to the FLHD Director.

(Special note: Please include the FLH ERFO coordinator on your distribution list.)

Components of the letter should include the following:

a) Statement of intention to apply for Emergency Relief

b) Request for a finding

c) Location of damage

d) Date(s) of occurrence

e) Types of damage

f) Estimate of repair/reconstruction costs

g) General indication of the extra-ordinary character of the natural disturbance

h) Indication of the extent of areas affected outside the land(s) administered by the applicant

i) Counties covered by U.S. presidential disaster declaration made under the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
69

C.2 Acknowledgment Letter

To be written by FLHD Director

Date

[Applicant]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

 Acknowledgment Letter

 (event name i.e. 2010 June Flooding)

 Region/Unit, State

Dear Applicant:

This letter is to acknowledge receipt of your Notice of Intent dated [date] to apply for Emergency Relief for Federally Owned

roads (ERFO) funds under 23 U.S.C. 125 for the repair of roads and trails on the [Forest, District, Park, Reservation].

You should proceed with the performance of the emergency operations necessary to restore essential travel; to protect the 

remaining facilities; to reduce the extent of damage; to begin preliminary engineering (consisting of surveys, designs, and 

permanent restoration work that is required as an associated part of the emergency operations) and to use agency forces and/or 

negotiated equipment rental contracts as necessary to perform the work.

To maintain eligibility of repairs for ERFO funds, you must (1) photograph each site prior to making any repairs to document the 

extent of damage, and (2) track emergency repair expenditures by damage site.

The eligibility of such repairs for ERFO funds will be contingent upon the issuance of a positive finding on the eligibility of the 

disaster and subsequent approval of the repairs by Western [Central, Eastern] Federal Lands Highway Division, Federal Highway

Administration. The basis for the decision will be a Disaster Assessment Report with estimates of cost to repair or reconstruct the 

damaged routes and (evidence of wide area damage and intensity of the disaster event) or (evidence the failure occurred on a 

major segment of the road system causing a disastrous impact). [Since your estimated damage is less than the current threshold, 

other ERFO eligible Federal Land Management Agency or tribe damage from the same disaster event must be reviewed to 

determine if the minimum threshold of $700,000 is met.]

Submit all information listed in Paragraph 2.1.2a of the ERFO Disaster Assistance Manual. Upon receipt, a representative from 

this office will contact your field unit representative to make arrangements to review the disaster event damage to determine 

eligibility and begin preparing the Disaster Assessment Report. If a positive finding is made, we will make further arrangements 

for individual site inspections (if required) to prepare Damage Survey Reports.

You have the option to request the Quick Release of ERFO funds which may only be used to offset (reimburse) the eligible costs 

to agencies for making emergency repairs to re-establish its vital transportation system(s). These funds, subject to availability, 

may be only transferred after a positive finding has been issued.

If you have questions or need further information, please contact the Federal Lands Highway Division ERFO coordinator, [name]

at [telephone number].

Sincerely,

Signature

[Name]

[Title]

cc: Local FHWA Division Office; FLH ERFO Program Manager; Superintendent of Field Unit (include cc list from Notice of 

Intent Letter), (FHWA Tribal Coordinator if applicable),
70

C.3 Disaster Assessment Report

To be written by the Federal Lands Highway Division ERFO coordinator

The Disaster Assessment Report should include the following elements:

a) The intensity of the natural disaster or catastrophic failure. In the case of flooding, the 

Disaster Assessment Report shall include available information regarding high water 

elevations, stream-gauge data, and rain-gauge data.

b) Description of the nature, cause, and seriousness of the failure (if a catastrophic 

failure). Explain if the catastrophic failure was caused by gradual and progressive

deterioration or the lack of maintenance. If appropriate, give the names of parties that 

may have contributed to the failure. Also state if insurance, cost share, or other 

compensation will pay for any of the repairs.

c) Dates of the occurrence.

d) Extent of the affected area.

e) Description of the damage to eligible facilities and other roads (Federal-aid highways, 

state, county, and city).

f) Copies of Emergency Relief Reports and newspaper articles, as available.

g) Copies of presidential disaster declarations and governor proclamations, as available.

h) Approximate cost of repairs or reconstruction of the damage.

i) Photographs of typical damage and appropriate maps showing the location of each 

area and extent of damage.

j) A discussion on the impact of the subject damage. For example, a destroyed bridge 

with limited traffic has little impact, but a bridge serving as the principal access to 

homes, large tracts of land, or carrying large amounts of traffic will have a significant 

impact.

k) A concluding statement indicating a natural disaster or catastrophic failure causing 

severe damage has (or has not) occurred to eligible facilities and makes a specific 

recommendation for a finding.
71

C.4 Positive Finding Letter

To be written by FLHD Director

Date

[Applicant name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

 Positive Finding Letter, (ERFO Disaster Number)

(event name), (event dates)

 

Dear Applicant:

Your letter dated [insert date], requested Emergency Relief for Federally Owned roads (ERFO) funds be made 

available for the repair of [FMLA Unit, State]. The dates of said damage are from [beginning date] to [end date].

An assessment of the [catastrophic failure/natural disaster] has been completed and pursuant to Title 23 U.S.C. 

Section 125, I find that Emergency Relief funds, subject to availability, will be provided for eligible repairs on the 

following [Forest, District, Park, Reservation].

The disaster identification number will be [ERFO disaster event number]. Please use this number as the reference 

for any correspondence.

Arrangements will be made by my staff to assist you in completing joint damage site inspections and reports.

Upon completion of the site inspections, your office must submit a Program of Projects within 90 days from receipt 

of this letter.

The Program of Projects must include detailed descriptions and estimated costs of emergency repairs and proposed 

permanent repairs at each damage site. Following its approval by this office, ERFO funds may be requested by your 

headquarters office in accordance with the established procedures.

ERFO work shall be given prompt attention and priority over non-emergency work and programmed projects.

Projects not under construction by the end of the second fiscal year following the year that the disaster occurred will 

be withdrawn from the approved Program of Projects unless suitable justification is provided by the applicant to 

warrant retention.

If you have questions or need further information, please contact the Federal Lands Highway ERFO Coordinator, 

[name] at [telephone number].

Sincerely yours,

Signature

[Name]

[Title]

cc: Local FHWA Division Office; FLH ERFO Program Manager; Superintendent of Field Unit (include cc list from Notice of 

Intent Letter), (FHWA Tribal Coordinator if applicable)
72

C.5 Negative Finding Letter

To be written by the FLHD Director

Date

[Applicant name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

 Negative Finding Letter 

 (event name i.e. 2010 June Flooding)

 

Dear Applicant:

Your letter of [date] requested Emergency Relief for Federally Owned Roads (ERFO) funds are made available for 

the repair of roads on [FMLA Unit, State]. The dates of the damage are from [beginning date] to [ending date].

An assessment of damage has been completed. It was found that certain damage did occur; however, these damages 

are [give brief explanation such as: considered heavy maintenance; roads are ineligible; threshold not met; does not 

meet the criteria for serious damage].

If you disagree with this finding, you may appeal as outlined in the ERFO Manual. If you have any questions or 

need further information, please contact the Federal Lands Highway ERFO Coordinator, [name] at [telephone 

number].

Sincerely,

Signature

[Name]

[Title]

cc: Local FHWA Division Office; FLH ERFO Program Manager; Superintendent of Field Unit (include cc list from Notice of 

Intent Letter), (FHWA Tribal Coordinator if applicable)
73

C.6 Quick Release Request E-mail

To be written by the Applicant’s regional or state office or FHWA agreement tribe

To: Federal Lands Highway Division Director

cc: FLHD ERFO Coordinator

Subject: Quick Release

Body: As discussed by phone call with (name) on (date), I am requesting Quick Release of ERFO funds in the 

amount of (amount) to perform Emergency Repairs.

Damage was caused by (flooding, storm, earthquake, wind, etc), between (dates).

The facilities damaged include (routes, corridors, structures, etc.).

Emergency Repairs will include (provide description of proposed repairs).

Damage occurred in (Park, Forest, District, Reservation, Refuge, Reservation, etc). (Also provide 

Congressional District and counties if known)

.
74

C.7 Quick Release Response E-mail

To be written by FLH Division Director

To: Applicant

cc: Applicant National ERFO Coordinator

Applicant Regional ERFO Coordinator

FLH ERFO Program Manager

FLHD ERFO Coordinator

Subject: Quick Release Reply

Body: Your request for Quick Release of ERFO funds has been approved in the amount of (amount). Funds will 

be transferred to (your national headquarters/ the FLH Division/ TTP Office) in the next couple days.

These funds can only be used to pay for emergency repairs on eligible transportation facilities. If you have 

any questions please contact (name) FLH ERFO Coordinator.
75

C.8 Site Inspection Equipment List

Description

Provider

Applicant

Federal Lands 

Highway

A map identifying applicant's facilities which clearly depict the damage site. X

A copy of the current ERFO Manual. X

Supply of Damage Survey Report forms. X

Camera and method to identify the photographed location (e.g., marker and pad, 

small chalk board and chalk). X X

A measuring tape or electronic distance measuring device. X X

Clipboard, pencils, pens, stapler, and extra staples, calculator, paper, and straight 

edge. X X

Applicant-owned equipment rental rates (with operator rate included). X

Local market, private industry operator labor rates (with operator rate included). X

Tabulation of recent average unit contract prices for selected repairs. X

Local market, private industry equipment rental rates. X

Notebook computer as needed. X X

Global Positioning System (GPS) Equipment X X

Hard hats. X

Safety vests. X X

First-aid kit. X X

Traffic control devices (i.e., cones). X

Steeled-toe boots (optional). X X

Communication equipment (telephone/radio). X X

Clinometer X X

Compass X X

Spot Light X X
76

C.9 Damage Survey Report.

Sheet No: 1 of 

DSR No:

Disaster No:

County: Latitude:

State: Longitude:

Facility Number: Mile Post:

Maint. Level:

Type: Traveled Way Width: Surface Type: Thickness: ADT:

ID#: Shoulder Width: Surface Type: Thickness: Inspection 

Date:

Unit Unit Price

 Proposed: 

Unit Unit Price

 Proposed: 

20%

10%

0.00%

Eligible Ineligible

Eligible Ineligible

Preliminary Engineering (percent of permanent repair construction)

Construction Engineering (percent of permanent repair construction)

ERFO share of Permanent Repairs (Sliding Scale) * TOTAL EMERGENCY REPAIRS and ERFO SHARE of PERMANENT 

REPAIRS

$0

$0

Recommended By: FLH ERFO Coordinator

Signature: Date:

$0

$0

$0

Total Estimated Permanent Repairs - Construction

$0

$0

Identify Betterment and provide supporting documentation and economic 

justification on attached sheets.

* Tribal transportation facilities and federal lands transportation facilities are at 100%. Other federally owned roads are at the sliding scale. See attached table.

Signature: Date:

Review ed By: (Name and Title) Signature: Date:

Submitted By: (Name and Title)

$0

$0

(amount from continuation sheet) $0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

COST ESTIMATE for PERMANENT REPAIRS

Quantity Item Description Cost

$0

$0

Total Estimated Emergency Repairs

$0

$0

$0

$0

Facility Name:

$0

Description and Cause of Damage: Scope/Description of Repair: 

FEDERAL HIGHWAY ADMINISTRATION, Federal Lands Highway

DAMAGE SURVEY REPORT 

(Title 23, Federal-Aid System/Federal Domain)

COST ESTIMATE for EMERGENCY REPAIRS

Quantity Item Description Cost

Bridge Data: Road Data: Classification:

Applicant:

Agency:

Force Account Contract

Force Account Contract

NTTFI/NFLTFI
77

C.9.1 Instructions

a) Sheet no. ___ of ___: Sheet numbers are entered to sequence the DSRs.

b) DSR No.: Applicant assigned number given to each DSR containing at least the route 

number, name of road, and mile post.

c) Disaster No.: The disaster number is provided in the Positive Finding letter.

d) Applicant: Enter the name of the field unit (National Forest, National Park, etc.) and 

agency name.

e) Unit: Forest Service District Office or U.S. Corp of Engineer project.

f) County: Enter the name of the county in which the damage site is located.

g) State: Enter the two-letter abbreviation of the state in which the damage site is 

located.

h) Inspection date: Enter the inspection date.

i) Location of damage: Enter the facility name, number of the facility (enter the NTTFI 

or NFLTFI number if the NTTFI/NFLTFI box is checked), and milepost of the 

damage site in miles or kilometers according to your agency’s metric policy.

j) NTTFI/NFLTFI Check Box: Check the box if the facility is on the National Tribal 

Transportation Facility Inventory or the National Federal Lands Transportation 

Facility Inventory.

k) ADT: Enter the average daily traffic for the road.

l) Bridge data: Enter type of bridge and the bridge number.

m) Road data: Enter the road classification, traveled way width, and surface type and 

thickness; shoulder width, thickness, and surface type and thickness.

n) Latitude/longitude: Geographical position of the site.

o) Maintenance Level: Operational maintenance level (Forest Service) or Maintenance 

Intensity (Bureau of Land Management).

p) Description and cause of damage:

(1) Provide a clear description about how the damage occurred.

(2) Describe the amount of material lost, noting the length, width, and depth.

(3) Include the size and condition of the structures.

(4) Note any signs of a preexisting condition for slides and slumps such as sealed 

pavement cracks, vegetation growing in slope cracks, horizontal drains. Note predisaster condition of culverts and roadside ditches.

(5) Provide a sketch or cross-section drawing with dimensions that illustrates the 

damage and current roadway width.

q) Scope of work:

(1) Describe both emergency and permanent repairs.
78

(2) Provide a brief outline of alternate repair option(s), if considered.

r) Cost estimate for emergency repairs: Show all emergency repairs as well as 

temporary traffic control devices, warning signs, DSR preparation, NEPA, and 

erosion control.

(1) Quantity: Enter the number of units of equipment, labor, or materials. Show 

backup calculations on supplemental sheets.

(2) Unit: Enter the unit of measures.

(3) Description: Enter the name of the equipment, labor, and materials.

(4) Unit price: Enter the unit price for the item.

(5) Cost: Calculate the COST by multiplying the QUANTITY by the UNIT PRICE.

(6) Force account: Mark this box if the emergency repairs were done by the 

applicant’s employees.

(7) Contract: Mark this box if the emergency repairs were done by a contractor.

(8) Total emergency repairs: Add up the costs for each item and enter the total.

s) Cost estimate for permanent repairs: Use the type of cost items that typically 

appear in competitively bid construction contracts.

Special Note: Do not use units of equipment and labor on more than 10 percent of the 

permanent repair costs. Do not use lump sum for more than 25 percent of repair costs.

(1) Quantity: Enter the number of units of equipment, labor, or materials.

(2) Unit: Enter the unit of measure.

(3) Description: Enter the name of the equipment, labor, and materials.

(4) Unit price: Enter the unit price for the item.

(5) Cost: Calculate the COST by multiplying the QUANTITY by the UNIT PRICE.

(6) Force account: Mark this box if the permanent repairs will be done by the 

applicant’s employees.

(7) Contract: Mark this box if the permanent repairs will be done by a contractor.

(8) Permanent Repair Construction Amount: Total the construction costs.

t) Identify betterment and provide justification in the block provided: Add 

separate sheets as needed for life cycle cost analysis calculations.

u) Preliminary engineering: Calculate the cost of preliminary engineering, which 

includes environmental clearance, as a percentage of the permanent repair 

construction amount. Average preliminary engineering costs are 15 percent.

v) Construction engineering: Calculate the cost of construction engineering as a 

percentage of the permanent repair construction amount. Average construction 

engineering costs are 10 percent.
79

w) Permanent Repair - Sliding Scale: Permanent Repairs include the permanent 

repair construction amount, the preliminary engineering, and the construction 

engineering amounts. Enter 100% of the Permanent Repair for NTTFI/NFLTFI 

facilities. Enter 80% or the Sliding Scale percentage of the Permanent Repairs for 

"other federally owned roads".

x) Total Emergency Repairs and ERFO Share of Permanent Repairs: Enter the 

total cost for both the emergency and ERFO share of permanent repairs. If the facility 

is a cost share road, adjust the total amount to reflect the applicant’s share. ERFO 

funds can pay only for the applicant's share of the repair costs.

y) Submitted by: Fill in the applicant’s field unit, submitter’s name, title, signature, and 

date.

z) Reviewed by: Reserved for use by Federal Lands Highway field reviewer. Enter 

reviewer’s name and title; note your opinion of eligibility/ineligibility by marking the 

appropriate box; sign and date.

aa) Recommended by: Reserved for use by Federal Lands Highway Division ERFO 

coordinator. Enter the coordinator’s name and title; note your opinion of 

eligibility/ineligibility by marking the appropriate box; sign and date.

bb) Combining sites: One or more eligible damage sites can be reported on one Damage 

Survey Report (DSR); however, large slides and bridges may not be grouped on one 

report. Use supplemental sheets as needed.

When multiple sites are combined on one DSR, provide separate supplemental sheets 

for each site. For each site, provide a description of damage, scope of repairs, and 

cost estimate. Summarize the cost by site on the first page of the DSR.
80

C.9.2 Supplemental Sheets

a) Duplicate the information contained on the original DSR about the site(s) at the top of 

each supplemental sheet.

b) The following items are required and should be attached to supplemental sheets:

(1) Additional explanations of the damage, scope of work, estimated costs of repairs, 

betterment justification, etc.

(2) Sketches or drawings illustrating the damage or proposed repairs.

(3) Photographs of the damage site(s).

(4) Map(s) showing the site location(s).

(5) Backup calculations for major construction item quantities.
81

C.10 Applicant’s Program of Projects Letter

To be written by Applicant’s regional or state office

Date

Federal Lands Highway Division Director

Federal Highway Administration

[Division name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

 Program of Projects Request Letter No: (number), (ERFO Disaster Number)

 (event name i.e. 2010 June Flooding), (event dates)

Dear [Division Director name]:

We request (initial/revised) Program of Projects approval for roads damaged in disaster [disaster 

number] which occurred on [date] as a result of a (natural disaster/catastrophic failure) under our 

jurisdiction as summarized below.

Program of Projects Summary Table

Location of Damage

Organization 

Performing the 

Repairs

Previously 

Approved Amount

Requested 

Amount

Total Requested

Amount

Pike NF FS $0 $80,000 $80,000

CFLHD $0 $60,000 $60,000

San Isabel NF

FS $130,000 $20,000 $150,000

CFLHD $140,000 $0 $140,000

Subtotal

FS $130,000 $100,000 $230,000

CFLHD $140,000 $60,000 $200,000

Grand Total $270,000 $160,000 $430,000

Attached is our (initial/revised) proposed Program of Project's spreadsheet. (Submit the original 

Damage Survey Reports if not previously submitted.)

We request that the [Division name] Federal Lands Highway Division perform the following work 

(includes description and site location.):

If you have any further questions, please contact [name], at [telephone number].

Sincerely,

Signature

[Name]

[Title]

Enclosure: Program of Projects Table

cc: FLHD ERFO Coordinator, (FHWA Tribal Coordinator when applicable)
82

C.11 Program of Projects Table

Date: 12/5/2014

CO 2014-1 FS

DSR Number

FLTP 

or 

TTP 

(Y/N)

DESCRIPTIO N O F REPAIR Applicant 

Federal 

Lands 

Highway 

Division 

Office

Federal Lands 

Highway 

Tribal 

Transportation 

Program

Total 

PERMANENT 

REPAIR 

METHO D 

(Force 

Account or 

Contract)

$0

520-3.4 Y Repair failed road shoulder and replace surfacing $60,000 $60,000 Contract

3250-2.3 Y Repair eroded embankment $70,000 $70,000 Contract

5430-25.8 Y Repair bridge abutment $140,000 $140,000 Contract

$0

$0

$0

$0

$0

Program Totals $130,000 $140,000 $0 $270,000

DSR Number

FLTP 

or 

TTP 

(Y/N)

DESCRIPTIO N O F REPAIR Applicant 

Federal 

Lands 

Highway 

Division 

Office

Federal Lands 

Highway 

Tribal 

Transportation 

Program

Total 

PERMANENT 

REPAIR 

METHO D 

(Force 

Account or 

Contract)

$0

520-3.4 Y Repair failed road shoulder and replace surfacing $20,000 $20,000 Contract

3250-2.3 Y Repair eroded embankment $0 Contract

5430-25.8 Y Repair bridge abutment $0 Contract

$0

$0

$0

$0

$0

Program Totals $20,000 $0 $0 $20,000

DSR Number

FLTP 

or 

TTP 

(Y/N)

DESCRIPTIO N O F REPAIR Applicant 

Federal 

Lands 

Highway 

Division 

Office

Federal Lands 

Highway 

Tribal 

Transportation 

Program

Total 

PERMANENT 

REPAIR 

METHO D 

(Force 

Account or 

Contract)

$0

520-3.4 Y Repair failed road shoulder and replace surfacing $80,000 $80,000 Contract

3250-2.3 Y Repair eroded embankment $70,000 $70,000 Contract

5430-25.8 Y Repair bridge abutment $140,000 $140,000 Contract

$0

$0

$0

$0

$0

Program Totals $150,000 $140,000 $0 $290,000

Previously Approved Program of Projects

Disaster Number:

Program of Projects Table Number 2

Agency Sub Unit: San Isabel National Forest

Changes to Program of Projects

Revised Program of Projects
83

C.12 Program of Projects Approval Letter

To be written by the Federal Lands Highway Division Director

Date

[Applicant name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

 Program of Projects Approval Letter No: (number), (ERFO Disaster Number)

 (event name), (event dates) 

Dear Applicant:

The proposed Program of Projects submitted with your letter dated [date], is approved as indicated below. 

Program of Projects Summary Table

Location of Damage

Organization 

Performing the 

Repairs

Previously 

Approved Amount

Requested 

Amount

Total Requested

Amount

Pike NF FS $0 $80,000 $80,000

CFLHD $0 $60,000 $60,000

San Isabel NF FS $130,000 $20,000 $150,000

CFLHD $140,000 $0 $140,000

Subtotal

FS $130,000 $100,000 $230,000

CFLHD $140,000 $60,000 $200,000

Grand Total $270,000 $160,000 $430,000

We are pleased to advise you that Federal Lands Highway is available to assist your agency per your request to 

perform work dated [date]. A representative from our office will be in contact with your field unit representative to 

coordinate this effort.

U.S.C. Title 23 requires the Federal Highway Administration (FHWA) to comply with the National Environmental 

Policy Act for projects using Title 23 funds. Please contact our Environmental Manager, (name), at (phone number) 

to coordinate compliance activities for repairs performed by your agency.

Federal Highway Administration approval is required at stages Approval of Plans, Specifications, and Estimates 

packages; Concurrence in rejection of bids; and Concurrence in award.

This letter provides advice on program approval only and does not transfer obligation authority or cash to 

accomplish approved repairs. Funds, subject to availability, in the amount of [amount] may be requested on an asneeded/written request basis. Please advise your office headquarters to formally request these funds from the 

Federal Lands Highway ERFO Program Manager. [Please note: Transfer of ERFO funds will be withheld if 

prior year Disaster Status Reports have not been submitted to the Federal Lands Highway Division 

Engineer.]

We will be requesting our Washington Headquarters to arrange the transfer of obligation authority on an as 

needed/written request basis in the amount of [amount] to [Division name] Federal Lands Highway Division.
84

ERFO work shall be given prompt attention and priority over non-emergency work and programmed projects.

Projects not under construction by the end of fiscal year XXXX will be withdrawn from the approved POP unless 

a suitable justification is provided to warrant a time extension.

If you have questions or need further information, please contact the Federal Lands Highway Division ERFO 

Coordinator, [name], at [telephone number].

Sincerely,

Signature

[Name]

[Title]

Enclosure: Program of Projects Table

cc: Local FHWA Division Office; FLH ERFO Program Manager; Applicant's National and Regional ERFO

Coordinators, Superintendent of Field Unit (include cc list from Applicant's POP Letter), FLHD Environmental 

Manager, (FHWA Tribal Coordinator if applicable)
85

C.13 Request for ERFO Funds

To be written by the Applicant’s headquarters or FHWA agreement tribe

Date

[Applicant name]

[Address]

[City, State, Zip]

Federal Lands Highway Associate Administrator

Federal Highway Administration

400 Seventh Street SW – HFL-1

Washington, DC 20590

Re:/Subject: Emergency Relief for Federally Owned Roads

 Request for ERFO Funds Letter No: (number)

 

Dear Associate Administrator:

This is to request ERFO funds in the amount of [dollars] for the disasters shown on the attached table which will be 

obligated in fiscal year [year].

Thank you for your assistance in this matter. If there are any questions, please contact [name] at [telephone number].

Sincerely,

Signature

[Name]

[Title]

Enclosure: Annual ERFO Funds Request Table (see C.18)

cc: FLH ERFO Program Manager, (BIA Regional Office and FHWA Tribal Coordinator when applicable)
86

C.14 Transfer of ERFO Funds

To be written by the Federal Lands Highway ERFO Program Manager

Date

HFPD5-[month and FY]-[Program Code][FLMA Letter No. sequence]*[Tracking No.]

Refer to: HFPD-5

[Applicant name]

[Applicant Title]

[FLMA]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

 Allocation of ERFO Funds Letter No: (number)

 

Dear Applicant:

The purpose of this letter is to provide to [FLMA] funds made available under the Emergency Relief for Federally 

Owned Roads (ERFO) Program.

Based upon information provided by your staff, this office has determined that a total of [amount] in [Program 

Code] needs to be allocated. Therefore, we are allocating [amount] in [Program Code] Contract Authority to the 

disasters shown in Table A.

(OPTIONAL PARAGRAPH—BUDGET AUTHORITY)

A Federal Highway Administration Advice of Funds and an 1151 Non-expenditure Transfer for the amount of the 

allocation will be processed by our Office of Budget and Finance. Please bear in mind that obligations cannot be 

incurred until the 1151 Non-expenditure Transfer has been posted by Treasury and all activity against this funding 

must be reported separately from Federal-aid Program funding on the SF-133.

(OPTIONAL PARAGRAPH—CONTRACT AUTHORITY)

The Federal Highway Administration (FHWA) Office of Budget will issue a completed FHWA Form 370 

confirming the allocation of funding shortly. Please continue to report ERFO obligations on the SF-133, separately 

from other Highway Trust Funds.

If there are any questions, please contact [ERFO Program Manager] at [telephone number].

Sincerely yours,

Signature

[Name]

[Title]

Enclosure must include Table for both Divisions and FLMA’s 

cc: Local FHWA Division Office; FLH ERFO Program Manager; Applicant's National and Regional ERFO 

Coordinators, Superintendent of Field Unit (include cc list from Applicant's Funds request letter), (FHWA Tribal

Coordinator if applicable)
87

C.15 Allocation Memorandum to a Federal Lands Highway Division

To be written by the ERFO Program Manager

HFPD5-[month and FY]-[Program Code][FLMA Letter No. sequence]*[Tracking No.]

Subject: ACTION: Emergency Relief for Federally Date:

Owned Roads (ERFO) Funding

[Fiscal Year], Allocation

From: Director, Office of Program Development In Reply Refer To: [HFPD5]

To: Federal Lands Highway Division Directors

This memorandum allocates [amount] to Disasters [ERFO disaster number] [amount] and [ERFO disaster 

number] [amount] for approved repairs in ERFO funds, PC-[code], as shown on the attached Table A. The 

accounting flex field information is as follows: Fund, [identification], Budget Year, 0000, and BPAC, 

[identification].

By copy of this memorandum, we are requesting the Office of Budget and Finance to make the appropriate 

adjustments in the Financial Management Information System for [contract or budget] authority and 

obligation limitation, in accordance with Table A.

If you have any questions regarding this memorandum, please contact [name], ERFO Program Manager, at 

[telephone number].

Attachment

cc: FLHD ERFO Coordinator
88

C.16 Request for Time Extension

To be written by the Applicant’s regional or state office, or FHWA Tribal Coordinator

Date

Federal Lands Highway Division Director

Federal Highway Administration

[Division name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

 Time Extension Request Letter No: (number), (ERFO Disaster Number )

 (event name i.e. 2010 June Flooding), (event dates) 

Dear [Division Director name]:

The [Applicant name] requests a [time] extension for approved ERFO site [site location] which resulted from 

disaster number [disaster number].

Please see the attached table for justification statement and dates of major milestones.

If you have any further questions, please contact [name], [title], at [telephone number].

Sincerely,

Signature

[Name]

[Title]

Attachment

cc: FLHD ERFO Coordinator; (BIA Regional Office or FHWA Tribal Coordinator if applicable)
89

C.16.1 Request for Time Extension Table

To be written by the applicant

C.16.2 Instructions for Time Extension Table

a) Submit justification for each DSR

b) Provide description of why the project was not completed on time. Provide description of primary

purpose and need of the road.

c) Provide dates of major project milestones (actual/projected) as listed below to demonstrate the project 

was advanced on a priority basis and that a time extension is justified

(1) POP Letter date (Applicant’s first submittal)

(2) Topographic survey and mapping date

(3) Environmental survey completion dates

(4) Preliminary design date

(5) Engineering recommendation dates (Geotechnical, Hydraulic, Structures, etc.)

(6) Draft NEPA document date

(7) Biological Assessment and Opinion dates

(8) Final NEPA document (ROD, FONSI, CE) date

(9) Final PS&E date

(10) Advertisement date

(11) Construction award date

(12) Construction completion date

Damage Survey 

Report Number

Justification statement Project Status and Timeline

Example: 

BLU 2300-4.9

Example: We were delayed from 

accessing this site because of

damage to county road, Route 

6, that occurred during the OR 

2007-2-BIA disaster. The 

damage at M.P. 1.0 has 

severely damaged the bridge 

abutment and it will not be 

repaired until later this fall. 

Route 2300 is a well maintained 

road that is the primary access 

to the landfill.

Example: (Provide completion/planned completion 

dates for the following deliverables)

Applicant’s POP Letter: [date]

Topographic Survey and Mapping: [date]

Environmental Resource Surveys: [date]

Preliminary Design: [date]

Draft NEPA Document: [date]

Biological Assessment/Opinion: [date]

Final NEPA (ROD, FONSI, CE): [date]

Final PS&E: [date]

Contract Award: [date]

Contract Completion: [date]
90

C.17 Approval of Request for Time Extension

To be written by the Federal Lands Highway Division Director

Date

[Applicant name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

Approval of Request for Time Extension Letter Number :____, (ERFO Disaster Number )

(event name), (event dates)

Dear Applicant:

We received your letter dated [date] requesting a time extension for Emergency Relief for Federally Owned Roads 

(ERFO) projects damaged in the [disaster number] disaster.

Based upon the information you presented, approval/disapproval is indicated on the attached table. The projects 

must be under contract as indicated on the attached table in order to ensure continued eligibility of ERFO funds.

Sites not eligible for time extensions should be removed from future ERFO fund requests. Any expenditure of 

ERFO funds on these sites after the approved completion date is prohibited. In addition, expenditure of any other 

program/agency funds after that date will not be reimbursed under the ERFO Program.

If you have questions or need further information, please contact the Federal Lands Highway Division ERFO 

coordinator, [name] at [telephone number].

Sincerely,

Signature

[Name]

[Title]

Attachment

cc: FLH ERFO Program Manager; Applicant's National and Regional ERFO Coordinators, Superintendent of Field 

Unit (include cc list from Time Extension Request Letter), (FHWA Tribal Coordinator if applicable),
91

C.17.1 Time Extension Approval Table

To be written by the Federal Lands Highway Division Director 

Damage 

Survey 

Report 

Number

Previously 

Approved 

Contract Date

New Approved 

Contract award 

Date Rationale for Decision

Example: 

BLU 2300-

4.9

Example:

9/30/2011

Example:

9/30/2012

Example: The time extension is approved based on another 

eligible ERFO disaster delaying the repair of this site. We 

expect that the repair of this site will be accomplished as 

soon as access across the county bridge is restored. 
92

C.18 Annual ERFO Funds Request

To be written by the Applicant 

POP Approved 

Amount

ERFO Funds 

Previously 

Transferred/ 

Allocated 

Fund Code

Non-ERFO 

Funds Used 

to make 

Repairs

ERFO funds 

needed for current 

FY

Stafford Act 

Fund? 

Yes/No

County for 

Congressional 

notification

Congressional 

District Totals

see Note 1 see Note 2 see Note 3 see Note 4 see Note 5 see Note 6 see Note 7 see Note 8

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

Total: $0.00 $0.00 $0.00

1 Amount approved for your agency

2 Amount of ERFO funds allocated to the Disaster all fiscal years 

3 Amount of agency, FLTP or TTP funds used on repairs to be reimbursed by ERFO

4 Amount of ERFO funds needed for Contract Award, Force Account Repairs, PE, and CE

5 Was a Stafford Act/FEMA Disaster approved for this event (Please check with the FLH ERFO Coordinator)

6 Provide Counties for Congressional Notification

7 Provide Congressional District

8 Total includes amount to be reimbursed and amount needed this fiscal year (see note 3 and 4)

Request by: Date:

ERFO FUND REQUEST 

(Applicant Name)

Disaster Number
93

C.19 Request for Closeout

To be written by the Applicant or FHWA Tribal Coordinator

Date

Federal Lands Highway Division Director

Federal Highway Administration

[Division name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

Request for Closeout Letter Number :___, (ERFO Disaster Number)

 (event name), (event dates) 

Dear [Division Director name]:

The [Applicant name] requests a [final/partial] closeout of approved ERFO site(s) which resulted from disaster 

number [number]. The site(s), shown on the attached Disaster Status Report, have been repaired according to the 

description of repairs on the most recent DSR and the approved Program of Projects (except as noted). The total 

expenditure to repair all damage was [amount].

If you have any further questions, please contact [name], [title], at [telephone number].

Sincerely,

Signature

[Name]

[Title]

Attachment: Disaster Status Report

cc: FLHD ERFO Coordinator
94

C.20 Disaster Status Report

To be submitted by the Applicant

Notes:

1) As a status report, this report is due to the ERFO coordinator by November 30 of each 

year until the disaster is closed out. If reports are not received, funding may be withheld. 

2) As a closeout report, this report is due to the ERFO coordinator at the time of the closeout 

request.

3) The "Non-ERFO Funds Used" column should either include account balances that ERFO 

funds need to reimburse or the non-ERFO share for federally owned roads that are not on 

the National Tribal Transportation Facility Inventory (NTTFI) or National Federal Lands 

Transportation Facility Inventory (NFLTFI).

4) The ERFO Closeout column is the amount submitted for closeout. This column should 

include account balances that need to be reimbursed. This column should not include the 

non-ERFO share of federally owned roads that are not on either the NTTFI or NFLTFI.

Applicant

FLH 

Division 

Office

FLH TTP 

Office TO TAL Applicant

FLH 

Division 

Office

FLH TTP 

Office

Non-ERFO 

Funds Used TO TAL

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

The submitted expenditures are the actual costs incurred to complete only approved eligible repairs. Attach a separate sheet to explain any deviations. 

Signed: _______________________________ Date: ________________________ 

DISASTER STATUS/CLOSEOUT REPORT 

LO CATIO N 

DAMAGE 

SURVEY 

REPO RT 

NUMBER

DESCRIPTIO N O F APPRO VED 

REPAIR

APPRO VED PRO GRAM O F PRO JECTS TO TAL O BLIGATIO NS/ FINAL EXPENDITURES

(Expected/ 

Actual) 

Contract 

Award Date

(Expected/ 

Actual) 

Construction 

Completion 

Date

Date 

Closed

 Date: ____________________________ Disaster Number: ________________________ Sub-Unit: _________________________ 

 TO TAL

NTTFI 

or 

NFLTFI 

(Y/N)

ERFO 

CLO SEO UT 

AMO UNT
95

C.21 Site Selection for In-depth Review Letter

To be written by the Federal Lands Highway Division Director

Date

[Applicant name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

Disaster Closeout Site Selection, (ERFO Disaster Number)

 (event name), (event dates) 

Dear Applicant:

We received your notification that (all/a portion of the) eligible ERFO activities associated with 

[disaster number] have been completed. Based on the Disaster Status Report you submitted the 

following sites were selected for an in-depth review.

ERFO Disaster DSR Closeout Amount

(disaster number) (DSR number) (amount)

The purpose of the Closeout Review is to determine if the requirements and guidelines of the ERFO Program were

met. The closeout review agenda and the contract documents and financial records that must be provided at the 

closeout meeting are found in the ERFO Disaster Assistance Manual in Sections 2.9.2, Section 3.3.2 and Appendix 

C.22. It would be helpful if your engineering, and budget and finance staff were available to answer questions that

may arise during the review.

As soon as you assemble the required contract and financial records, please contact the FLH ERFO Coordinator, 

(name) at (telephone number) to schedule the closeout review meeting.

Sincerely,

Signature

[Name]

[Title]

cc: Superintendent of Field Unit (include cc list from Disaster Closeout Request Letter), Applicant's Regional

Office, (FHWA Tribal Coordinator if applicable),
96

C.22 Disaster Closeout Submittal

The Applicant must submit the following documentation for each site selected for an in-depth 

review.

a) Financial Records

(1) Summarize final expenditures by fiscal year and Budget Object Code (BOC)

(2) Provide a print out from the financial system that shows the details for each BOC 

shown

i. Travel (including dates)

ii. Salary/Payroll (including names and dates)

iii. Vehicles/Equipment (type, size, dates)

iv. Contracts (vendor, dates)

v. Materials/Supplies (description, dates)

b) Preconstruction

(1) NEPA

i. Correspondence with FLH Environmental Manager regarding Title 23 compliance

ii. CE determination and Checklist for Permanent Repairs

iii. EA and Decision Notice or EIS and Record of Decision

(2) Design

i. Hydraulic, Geotechnical, structural, pavement recommendations

ii. Bid/Plan Quantities and Engineer's Estimate justification/calculations

iii. Permits

c) Contracts - Pre-construction and Construction

(1) Solicitation - Pre-award documents, Bids, Negotiations, Quotes

(2) Award Documents - Amount, Date, Vendor, Accounting information

(3) Bid Schedule/Plans/Specifications

(4) Contract Administration

i. Notice to proceed, Work Orders, Final Inspection

ii. Daily Diaries

iii. Invoices/Payments

iv. Quantity measurements and/or truck/weigh tickets

(5) Contract Modifications

i. Supporting documentation, and price determination

ii. Accounting information

(6) Contract Closeout

i. Final Acceptance and Payment

ii. Contract Release
97

C.23 Closeout Letter

To be written by the Federal Lands Highway Division Director

Date

[Applicant name]

[Address]

[City, State, Zip]

Re:/Subject: Emergency Relief for Federally Owned Roads

Program of Projects Letter [number]

(Partial/Final) Disaster Closeout, (ERFO Disaster Number)

 (event name), (event dates) 

Dear Applicant:

We received your notification that (all/a portion of the) eligible ERFO activities associated with 

[disaster number] have been completed.

The revised total program and authorized expenses for eligible ERFO repairs for this disaster is 

[amount]. The previously approved program amount of [amount] was (Overrun/Underrun) by 

[amount].

Program of Projects Summary Table

Location of Damage

Organization 

Performing the 

Repairs

Previously 

Approved Amount

Requested 

Amount

Total Requested

Amount

Pike NF FS $80,000 $3,000 $83,000

CFLHD $60,000 $5,500 $65,500

San Isabel NF

FS $150,000 ($10,000) $140,000

CFLHD $140,000 $15,000 $155,000

Subtotal

FS $230,000 ($7,000) $223,000

CFLHD $200,000 $20,500 $220,500

Grand Total $430,000 $13,500 $443,500

We have conducted a final review of the damage repair and supporting records and have discussed our 

findings with [name] from your office on [date]. As a result of our review, we find all repairs to be 

accomplished in reasonably close conformity to the approved program. We hereby grant final 

acceptance of the subject damage repairs. The expertise and diligence of your office and field personnel 

in restoring damaged roadways to stable and serviceable conditions through innovative and cost-savings 

techniques are appreciated.

By copy of this letter we are advising our Washington Headquarters to close the (Applicant name)

portion of ERFO Disaster (disaster number) at the Final Approved Program amount of (amount) and to 

begin final funding reconciliation with your Washington Headquarters office.
98

By copy of this letter, we are also advising our Washington Headquarters to close the (FLH Division)

portion of ERFO Disaster (disaster number) at the final approved program amount of (amount) and to 

begin final funding reconciliation with our office.

If you have any questions, please contact [name] at [telephone number]. 

Sincerely,

Signature

[Name]

[Title]

cc: Local FHWA Division Office; FLH ERFO Program Manager; Applicant's National and Regional ERFO 

Coordinators, Superintendent of Field Unit (include cc list from Disaster Closeout Request Letter), (FHWA Tribal

Coordinator if applicable)
99

Appendix D – Law and Regulation

D.1 Select Provisions of 23 U.S.C., Highways, Related to the ERFO Program

Sec. 101. Definitions.

a) Definitions. In this title, the following definitions apply:

(1) County. The term "county" includes corresponding units of government under any 

other name in States that do not have county organizations and, in those States in 

which the county government does not have jurisdiction over highways, any local 

government unit vested with jurisdiction over local highways.

(2) Federal-aid highway. The term "Federal-aid highway" means a highway eligible for 

assistance under this chapter other than a highway classified as a local road or rural 

minor collector.

(3) Federal lands access transportation facility. - The term "Federal Lands access 

transportation facility" means a public highway, road, bridge, trail, or transit system 

that is located on, is adjacent to, or provides access to Federal lands for which title or 

maintenance responsibility is vested in a State, county, town, township, tribal, 

municipal, or local government.

(4) Federal lands transportation facility. - The term "Federal lands transportation facility" 

means a public highway, road, bridge, trail, or transit system that is located on, is 

adjacent to, or provides access to Federal lands for which title and maintenance 

responsibility is vested in the Federal Government, and that appears on the national 

Federal lands transportation facility inventory described in section 203(c).

(5) Highway. - The term "highway" includes -

i) a road, street, and parkway;

ii) a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure 

including public roads on dams, sign, guardrail, and protective structure, in 

connection with a highway; and

iii) a portion of any interstate or international bridge or tunnel and the approaches 

thereto, the cost of which is assumed by a State transportation department, 

including such facilities as may be required by the United States Customs and 

Immigration Services in connection with the operation of an international bridge 

or tunnel.

(6) Maintenance. - The term "maintenance" means the preservation of the entire highway, 

including surface, shoulders, roadsides, structures, and such traffic-control devices as 

are necessary for safe and efficient utilization of the highway.

(7) Public authority. - The term "public authority" means a Federal, State, county, town, 

or township, Indian tribe, municipal or other local government or instrumentality with 

authority to finance, build, operate, or maintain toll or toll- free facilities.

(8) Public road. - The term "public road" means any road or street under the jurisdiction 

of and maintained by a public authority and open to public travel.
100

(9) Tribal transportation facility. - The term "tribal transportation facility" means a public 

highway, road, bridge, trail, or transit system that is located on or provides access to 

tribal land and appears on the national tribal transportation facility inventory 

described in section 202(b)(1).

23 U.S.C. Sec. 120. Federal share payable

(b) Emergency Relief. - The Federal share payable for any repair or reconstruction 

provided for by funds made available under section 125 for any project on a 

Federal-aid highway, including the Interstate System, shall not exceed the 

Federal share payable on a project on the system as provided in subsections (a) 

and (b), except that –

(1) the Federal share payable for eligible emergency repairs to minimize 

damage, protect facilities, or restore essential traffic accomplished within 

180 days after the actual occurrence of the natural disaster or catastrophic 

failure may amount to 100 percent of the cost of the repairs;

(2) the Federal share payable for any repair or reconstruction of Federal land 

transportation facilities, Federal land access transportation facilities, and 

tribal transportation facilities may amount to 100 percent of the cost of the 

repair or reconstruction;

(3) the Secretary shall extend the time period in paragraph (1) taking into 

consideration any delay in the ability of the State to access damaged 

facilities to evaluate damage and the cost of repair; and

(4) the Federal share payable for eligible permanent repairs to restore damaged 

facilities to predisaster condition may amount to 90 percent of the cost of 

the repairs if the eligible expenses incurred by the State due to natural 

disasters or catastrophic failures in a Federal fiscal year exceeds the annual 

apportionment of the State under section 104 for the fiscal year in which the 

disasters or failures occurred.

Sec. 125. 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.

(b) Restriction on Eligibility. -
101

(1) Definition of construction phase. - In this subsection, the term "construction phase" 

means the phase of physical construction of a highway or bridge facility that is 

separate from any other identified phases, such as planning, design, or right-of-way 

phases, in the State transportation improvement program.

(2) Restriction. - In no case shall funds be used under this section for the repair or 

reconstruction of a bridge -

(A)that has been permanently closed to all vehicular traffic by the State or 

responsible local official because of imminent danger of collapse due to a 

structural deficiency or physical deterioration; or

(B) if a construction phase of a replacement structure is included in the approved 

Statewide transportation improvement program at the time of an event described 

in subsection (a).

(c) Funding. -

(1) In general. - Subject to the limitations described in paragraph (2), there are authorized 

to be appropriated from the Highway Trust Fund (other than the Mass Transit 

Account) such sums as are necessary to establish the fund authorized by this section 

and to replenish that fund on an annual basis.

(2) Limitations. - The limitations referred to in paragraph (1) are that -

(A)not more than $100,000,000 is authorized to be obligated in any 1 fiscal year 

commencing after September 30, 1980, to carry out this section, except that, if for 

any fiscal year the total of all obligations under this section is less than the 

amount authorized to be obligated for the fiscal year, the unobligated balance of 

that amount shall -

(i) remain available until expended; and

(ii) be in addition to amounts otherwise available to carry out this section for 

each year; and

(B)

(i) pending such appropriation or replenishment, the Secretary may obligate 

from any funds appropriated at any time for obligation in accordance with 

this title, including existing Federal-aid appropriations, such sums as are 

necessary for the immediate prosecution of the work herein authorized; 

and

(ii) funds obligated under this subparagraph shall be reimbursed from the 

appropriation or replenishment.

(d) Eligibility. -

(1) In general. - The Secretary may expend funds from the emergency fund authorized by 

this section only for the repair or reconstruction of highways on Federal-aid highways 

in accordance with this chapter, except that -

(A)no funds shall be so expended unless an emergency has been declared by the 

Governor of the State with concurrence by the Secretary, unless the President has 
102

declared the emergency to be a major disaster for the purposes of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

for which concurrence of the Secretary is not required; and

(B) the Secretary has received an application from the State transportation department 

that includes a comprehensive list of all eligible project sites and repair costs by 

not later than 2 years after the natural disaster or catastrophic failure.

(2) Cost limitation. -

(A)Definition of comparable facility. - In this paragraph, the term "comparable 

facility" means a facility that meets the current geometric and construction 

standards required for the types and volume of traffic that the facility will carry 

over its design life.

(B) Limitation. - The total cost of a project funded under this section may not exceed 

the cost of repair or reconstruction of a comparable facility.

(3) Debris removal. - The costs of debris removal shall be an eligible expense under this 

section only for -

(A) an event not declared a major disaster or emergency by the President under the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5121 et seq.); or

(B) an event declared a major disaster or emergency by the President under that Act if 

the debris removal is not eligible for assistance under section 403, 407, or 502 of 

that Act (42 U.S.C. 5170b, 5173, 5192).

(4) Territories. - The total obligations for projects under this section for any fiscal year in 

the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern 

Mariana Islands shall not exceed $20,000,000.

(5) Substitute traffic. - Notwithstanding any other provision of this section, actual and 

necessary costs of maintenance and operation of ferryboats or additional transit 

service providing temporary substitute highway traffic service, less the amount of 

fares charged for comparable service, may be expended from the emergency fund 

authorized by this section for Federal-aid highways.

(e) Tribal Transportation Facilities, Federal Lands Transportation Facilities, and Public 

Roads on Federal Lands. -

(1) Definition of open to public travel. - In this subsection, the term "open to public 

travel" means, with respect to a road, that, except during scheduled periods, extreme 

weather conditions, or emergencies, the road is open to the general public for use with 

a standard passenger vehicle, without restrictive gates or prohibitive signs or 

regulations, other than for general traffic control or restrictions based on size, weight, 

or class of registration.

(2) Expenditure of funds. - Notwithstanding subsection (d)(1), the Secretary may expend 

funds from the emergency fund authorized by this section, independently or in 

cooperation with any other branch of the Federal Government, a State agency, a tribal 

government, an organization, or a person, for the repair or reconstruction of tribal 
103

transportation facilities, Federal lands transportation facilities, and other federally 

owned roads that are open to public travel, whether or not those facilities are Federalaid highways.

(3) Reimbursement. -

(A)In general. - The Secretary may reimburse Federal and State agencies (including 

political subdivisions) for expenditures made for projects determined eligible 

under this section, including expenditures for emergency repairs made before a 

determination of eligibility.

(B) Transfers. - With respect to reimbursements described in subparagraph (A) -

(i) those reimbursements to Federal agencies and Indian tribal governments shall 

be transferred to the account from which the expenditure was made, or to a 

similar account that remains available for obligation; and

(ii) the budget authority associated with the expenditure shall be restored to the 

agency from which the authority was derived and shall be available for 

obligation until the end of the fiscal year following the year in which the 

transfer occurs.

(f) Treatment of Territories. - For purposes of this section, the Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern Mariana Islands shall be 

considered to be States and parts of the United States, and the chief executive officer of 

each such territory shall be considered to be a Governor of a State.

(g) Protecting Public Safety and Maintaining Roadways. - The Secretary may use not more 

than 5 percent of amounts from the emergency fund authorized by this section to carry 

out projects that the Secretary determines are necessary to protect the public safety or to 

maintain or protect roadways that are included within the scope of an emergency 

declaration by the Governor of the State or by the President, in accordance with this 

section, and the Governor deems to be an ongoing concern in order to maintain vehicular 

traffic on the roadway
104

D.2 Title 23, Code of Federal Regulations

[NOTE: These regulations have not been updated to address changes made by 

the Moving Ahead for Progress in the 21st Century Act (MAP-21) (P.L. 112-

141)]

PART 668 EMERGENCY RELIEF PROGRAM

Subpart B Procedures for Federal Agencies for Federal Roads – Authority granted under: 23 

U.S.C. 101, 120(e), 125 and 315; 49 CFR §1.48(b). 

§ 668.201 Purpose.

To establish policy, procedures, and program guidance for the administration of emergency 

relief to Federal agencies for the repair or reconstruction of Federal roads which are found to 

have suffered serious damage by a natural disaster over a wide area or by catastrophic failure. 

[43 FR 59485, 12/21/1978]

§668.203 Definitions.

(a) Applicant. Any Federal agency which submits an application for emergency relief and 

which has authority to repair or reconstruct Federal roads.

(b) Betterments. Added protective features, such as, the relocation or rebuilding of roadways 

at a higher elevation or the extension, replacement or raising of bridges, and added 

facilities not existing prior to the natural disaster or catastrophic failure such as additional 

lanes, upgraded surfacing, or structures.

(c) Catastrophic failure. The sudden failure of a major element or segment of a Federal road 

which is not primarily attributable to gradual and progressive deterioration or lack of 

proper maintenance. The closure of a facility because of imminent danger of collapse is 

not in itself a sudden failure.

(d) Emergency repairs. Those repairs, including necessary preliminary engineering,

construction engineering, and temporary traffic operations, undertaken during or 

immediately after a natural disaster or catastrophic failure (1) to restore essential travel, 

(2) to protect remaining facilities, or (3) to minimize the extent of damage.

(e) Federal roads. Forest highways, forest development roads and trails, park roads and trails, 

parkways, public lands highways, public lands development roads and trails, and Indian 

reservation roads as defined under 23 U.S.C. 101(a).

(f) Finding. A letter or other official correspondence issued by the Direct Federal Division 

Engineer (Direct Federal Division Engineer) to a Federal agency giving notification that 

pursuant to 23 U.S.C. 125, Federal roads have (Affirmative Finding) or have not 

(Negative Finding) been found to have suffered serious damage as the result of (1) a 

natural disaster over a wide area, or (2) a catastrophic failure.
105

(g) Natural disaster. An unusual natural occurrence such as a flood, hurricane, severe storm, 

tidal wave, earthquake, or landslide which causes serious damage. 

(h) Permanent work. Repair or reconstruction to pre-disaster or other allowed geometric and 

construction standards and related Preliminary Engineering and Construction 

Engineering. 

(i) Direct Federal Division Engineer. Director of one of the Direct Federal field offices 

located in Vancouver, WA; Denver, CO; and Arlington, VA. [43 FR 59485, Dec. 12, 

1978, as amended at 47 FR 10529, Mar. 11, 1982].

§ 668.205 Policy. 

(a) This emergency relief program is intended to pay the unusually heavy expenses in the 

repair and reconstruction of Federal roads resulting from damage caused by natural 

disasters over a wide area or catastrophic failures. 

(b) Emergency relief work shall be given prompt attention and priority over non-emergency 

work. 

(c) Permanent work shall be done by contract awarded by competitive bidding through 

formal advertising, where feasible. 

(d) It is in the public interest to perform emergency repairs immediately and prior approval 

or authorization from the Direct Federal Division Engineer is not required. Emergency 

repairs may be performed by the method of contracting (advertised contract, negotiated 

contract, or force account) which the applicant or the Federal Highway Administration 

(where Federal Highway Administration performs the work) determines to be most suited 

for this work. 

(e) Emergency relief projects shall be promptly constructed. Projects not under construction 

by the end of the second fiscal year following the year in which the disaster occurred will 

be reevaluated by the Direct Federal Division Engineer and will be withdrawn from the 

approved Program of Projects unless suitable justification is provided by the applicant to 

warrant retention. 

(f) The Finding for natural disasters will be based on both the extraordinary character of the 

natural disturbance and the wide area of impact. Storms of unusual intensity occurring 

over a small area do not meet these conditions. 

(g) Diligent efforts shall be made to recover repair costs from the legally responsible parties 

to reduce the project costs where highway damages are caused by ships, barge tows, 

highway vehicles, vehicles with illegal loads, and similar improperly controlled objects 

or events. 

(h) Emergency funds shall not duplicate assistance under another Federal program or 

compensation from insurance or any other source. Where other funding compensates for 
106

only part of an eligible cost, emergency relief funding can be used to pay the remaining 

costs. [43 FR 59485, Dec. 12, 1978, as amended at 47 FR 10529, Mar. 11, 1982].

§ 668.207 Federal share payable from emergency fund. 

The Federal share payable under this program is 100 percent of the cost.

[43 FR 59485, Dec. 12, 1978]

§ 668.209 Eligibility of work. 

(a) Permanent work must have prior program approval in accordance with paragraph (a) of § 

668.215 unless such work is performed as emergency repairs. 

(b) Emergency repairs, including permanent work performed incidental to emergency 

repairs, and all Preliminary Engineering may begin immediately and do not need prior 

program approval. Reimbursement shall be contingent upon the work ultimately being 

approved in accordance with the requirements of paragraph (a) of § 668.215. 

(c) To qualify for emergency relief, the damaged or destroyed road or trail must be 

designated as a Federal road. 

(d) Replacement highway facilities are appropriate when it is not practical and economically 

feasible to repair or restore a damaged element to its preexisting condition. Emergency 

relief is limited to the cost of a new facility constructed to current design standards of 

comparable capacity and character to the destroyed facility. With respect to a bridge, a 

comparable facility is one which meets current geometric and construction standards for 

the type and volume of traffic it will carry during its design life. 

(e) Emergency relief funds may participate to the extent of eligible repair costs when 

proposed projects contain betterments or other work not eligible for emergency funds. 

(f) Work may include: 

(1) Repair to, or reconstruction of, seriously damaged highway elements for a distance 

which would be within normal highway right-of-way limits, including necessary 

clearance of debris and other deposits in drainage courses, where such work would 

not be classed as heavy maintenance. 

(2) Restoration of stream channels when the work is necessary for the satisfactory 

operation of the federal road. The applicant must have responsibility and authority for 

maintenance and proper operation of stream channels restored.

(3) Betterments where clearly economically justified to prevent future recurring damage.

Economic justification acceptable to the Direct Federal Division Engineer must weigh 

the cost of such betterments against the risk of eligible recurring damage and the cost 

of future repair.
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(4) Actual Preliminary Engineering and Construction Engineering costs on approved 

projects.

(5) Emergency repairs. [43 FR 59485, Dec. 12, 1978, as amended at 47 FR 10529, Mar. 

11, 1982].

§ 668.211 Notification, damage assessment, and finding.

(a) Notification. During or as soon as possible after a natural disaster or catastrophic failure, 

each applicant will notify the Direct Federal Division Engineer of its tentative intent to 

apply for emergency relief and request that a Finding be made.

(b) Acknowledgment. The Direct Federal Division Engineer will promptly acknowledge the 

notification and briefly describe subsequent damage assessment, Finding, and application 

procedures.

(c) Field report. The applicant shall cooperate with the Direct Federal Division Engineer to 

promptly make a field survey of overall damage and in the preparation of a field report.

(d) Finding. Using the field report and other information deemed appropriate, the Direct 

Federal Division Engineer will promptly issue a Finding, and if an Affirmative Finding is 

made, establish the date after which repair or reconstruction will be considered for 

emergency relief, and note the dates of the extraordinary natural occurrence or 

catastrophic event responsible for the damage or destruction.

(e) Detailed site inspections. 

(1) If an Affirmative Finding is made, the applicant shall cooperate with the Direct 

Federal Division Engineer to make a detailed inspection of each damage site.

(2) If it appears certain an Affirmative Finding will be made, the Direct Federal Division 

Engineer may elect to make these site inspections at the time damage is initially 

assessed pursuant to paragraph (c) of this section.

(f) The Applicant shall make available to Federal Highway Administration personnel 

conducting damage survey and estimate work maps depicting designated Federal roads in 

the affected area. [43 FR 59485, Dec. 12, 1978, as amended at 47 FR 10529, Mar. 11, 

1982].

§ 668.213 Application procedures.

(a) Based on the detailed site inspections and damage estimates prepared pursuant to 

paragraph (e) of § 668.211, the Applicant will submit an application in the form of a 

letter to the Direct Federal Division Engineer which shall include a list of projects for 

which emergency relief is requested. The application shall be submitted within three (3) 

months after an Affirmative Finding.
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(b) The list of projects shall include emergency repairs, Preliminary Engineering, and 

permanent work, and provide for each project a location, length, project number, type of 

damage, description of work with a separate breakdown for betterments including a 

justification for those intended for emergency relief funding, proposed method of 

construction, estimated cost, and any other information requested by the Direct Federal 

Division Engineer.

(c) If the initial list of projects is incomplete, a subsequent list(s) of projects shall be 

forwarded to the Direct Federal Division Engineer for approval consideration as soon as 

possible. [43 FR 59485, Dec. 12, 1978, as amended at 47 FR 10529, Mar. 11, 1982].

§ 668.215 Programming and project procedures.

(a) The Direct Federal Division Engineer will advise the applicant in writing which projects 

in the application, or in any subsequent submittals pursuant to paragraph (c) of § 668.213 

are approved, including any approval conditions. Approved projects shall constitute the 

approved Program of Projects (program).

(b) Plans, specifications, and estimates shall be developed based on work identified in the 

approved program.

(c) The Direct Federal Division Engineer will approve PS&Es, concur in the award of 

contracts or the rejection of bids, determine that construction by the force account method 

is in the public interest, and accept completed work in accordance with interagency 

procedures established by the Direct Federal Division Engineer.

(d) The applicant shall notify the Direct Federal Division Engineer in writing of the semiannual status and completion of each emergency relief project constructed by applicant 

forces. [43 FR 59485, Dec. 12, 1978, as amended at 47 FR 10529, Mar. 11, 1982].
109

Appendix E – Designated National Scenic and Historic Trails

National Trails System Act of 1968

E.1 National Scenic Trails

a. Appalachian National Scenic Trails (NST)

b. Arizona National (NST)

c. Continental Divide (NST)

d. Florida (NST)

e. Ice Age (NST)

f. Natchez (NST)

g. New England (NST)

h. North Country (NST)

i. Pacific Crest (NST)

j. Pacific Northwest (NST)

k. Potomac Heritage (NST)

E.2 National Historic Trails

a) Ala Kahakai National Historic Trails (NHT)

b) California (NHT)

c) Captain John Smith Chesapeake (NHT)

d) El Camino Real de los Tejas (NHT)

e) El Camino Real de Tierra Adentro (NHT)

f) Iditarod (NHT)

g) Juan Bautista de Anza (NHT)

h) Lewis and Clark (NHT)

i) Mormon Pioneer (NHT)

j) Nez Perce (Nee-Me-Poo) (NHT)

k) Old Spanish (NHT)

l) Oregon (NHT)

m) Overmountain Victory (NHT)

n) Pony Express(NHT)

o) Santa Fe (NHT)

p) Selma to Montgomery (NHT)

q) Star-Spangled Banner (NHT)

r) Trail of Tears (NHT)

s) Washington-Rochambeau (NHT)