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MEMORANDUM
between the
UNITED STATES DEPARTMENT OF THE ARMY
and the
FEDERAL HIGHWAY ADMINISTRATION
for
ADMINISTERING EMERGENCY RELIEF FUNDS
under the
EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS PROGRAM


The purpose of this agreement is to establish interagency procedures through which the Department of the Army, acting through the U.S. Army Corps of Engineers ("Corps"), and the Federal Highway Administration ("FHWA") will administer emergency relief funds under the Emergency Relief for Federally Owned Roads ("ERFO") Program.  Funds for this program are provided under Title 23 U.S.C. 125.

WHEREAS,  the public roads owned by the Corps on water resources development projects and other administrative units meet the definition of Public Lands Highways as defined in 23 U.S.C. 101, and

WHEREAS,   the Secretary of Transportation, acting through the FHWA, is authorized to expend monies from emergency funds authorized under 23 U.S.C. 125 for the repair or reconstruction of Public Lands Highways which the Secretary shall find have suffered serious damage as the result of a natural disaster over a wide area or catastrophic failure from any cause ("Finding"), and

WHEREAS,  the authority to make a Finding for Public Lands Highways as defined in 23 U.S.C. 101 has been delegated to the Division Engineers in the Eastern, Central, and Western Federal Lands Highway Division ("FLHD"), by FHWA Order M 1100.1A, July 14, 1995, Part I, and

WHEREAS,  the Corps Headquarters (HQUSACE) Operations Division has been delegated the authority by the Deputy Commanding General for Civil Works to represent the Corps on transportation matters,

THEREFORE: The Corps and FHWA do hereby mutually agree as follows:

  1. General
  2. The Corps and FHWA will follow the procedures in the current ERFO Manual, current laws, regulations, and Executive Orders.

    The Corps will provide a list of the public roads on Corps lands by project and State on a biannual basis to the FHWA Federal Lands Highway Headquarters ("FLH").  Maps showing the locations of these roads will be available at the Corps district offices for FHWA use.

    The Corps agrees to apply for ERFO funds only to repair damage on public roads.

    The HQUSACE Operations Division will function as the Corps central point of contact for the ERFO program, coordinating fully with the other HQUSACE program staffs and Corps division and district offices to facilitate the repair of its public roads in an expeditious manner.

    The Corps and FHWA will designate ERFO field coordinators.

    The Corps is responsible for the administration of any ERFO funds and obligational authority.  This includes compliance with all applicable laws, regulations, and Executive Orders.

    The Corps may establish additional ERFO policies and procedures to be followed by the divisions and districts that are consistent with the ERFO manual.

    The FHWA will provide ERFO related technical assistance and training as requested by the Corps.

    The Corps shall make diligent efforts to recover repairs from the legally responsible parties to reduce the EFRO repair costs for highway damages which are caused by ships, barge tows, highway vehicles, vehicles with illegal loads, and similar improperly controlled objects or events.

  3. Notification, Disaster Assessment, Finding, and Damage Assessments
  4. The Corps field coordinator will:

    1. Immediately notify the ERFO field coordinator by telephone when it appears that damage or destruction cause by a natural disaster or catastrophic failure is sufficient to justify repair or reconstruction under ERFO Program and the Corps intends to apply for emergency relief;


    2. Submit a Notice of Intent letter to the FLHD servicing the affected Corps facility within two weeks of the beginning of the disaster;


    3. Assist the ERFO field coordinator in planning and conducting the disaster and damage assessments; and


    4. Submit initial damage survey reports to the FLHD within three months after the date of the Positive Finding letter.

    The FLHD will:

    1. Dispatch FHWA emergency response team(s) to provide technical assistance during and immediately after a natural disaster or catastrophic failure;


    2. Promptly acknowledge the Corps Notice of Intent letter in writing within seven calendar days of receipt of the Corps letter;


    3. Plan and conduct a disaster assessment and determine if there has been a natural disaster of sufficient extent and intensity or catastrophic failure to warrant ERFO funding consideration;


    4. Make a Finding (positive or negative) that serious damage did or did not occur on Corps roads within sixty calendar days of the receipt of the Corps Notice of Intent Letter;


    5. Advise the Corps by letter of the Negative Finding and close the disaster file;


    6. Advise the Corps by letter of the Positive Finding and explain the remaining process.  If a quick release of ERFO funding is appropriate, include its approval of ERFO funds in the Positive Finding letter;


    7. Arrange for Corps staff and FHWA field personnel to be assigned to perform and conduct damage assessments; and


    8. Review and recommend approval or denial of each completed damage survey report and furnish a photocopy to the Corps after any necessary revisions have been made.


  5. Application for and the Programming of ERFO Repairs Projects
  6. The Corps will:

    1. Submit, by letter within three months after the Positive Finding was made, the ERFO program of projects for each disaster to the FLHD servicing the affected Corps facility.  This submission should also include the list of ERFO repairs which the Corps wants FLHD to administer; and


    2. Submit, by letter to the FLHD, any changes to the approved ERFO program of projects for each disaster.

    The FLHD will:

    1. Review and approve or deny the quick release of ERFO funds before an ERFO program of projects is approved for the disaster.


    2. Advise the Corps by letter within thirty calendar days, of the approved program of projects for each disaster and provide guidance relative to the administration of ERFO projects.  This guidance may include the FLHD need:  to approve the plans, specifications, and estimate ("PS&E") package, to approve force account work by the Corps, and to approve the acceptance of completed construction for individual projects on major work sites during the program of projects approval process, and those repairs which the FLHD will administer; and


    3. Review and approve or deny by letter to the Corps within thirty days, changes to the approved ERFO program of projects for each disaster.


  7. Performing ERFO Repairs
  8. The Corps will:

    1. Submit for FLHD approval, if required in the administrative guidance contained in the letter of the approved program of projects, PS&E packages, approval of force account work, and acceptance of completed construction for individual projects on major work sites.


    2. Ensure that metric units are used in the PS&E package in accordance with the Corps= metric implementation plan;


    3. Promptly and efficiently complete temporary and permanent ERFO repairs.  This includes compliance with all applicable laws, regulations, Executive Orders, and reporting requirements in the ERFO manual.  All ERFO permanent repairs should be under construction by the end of the second fiscal year following the year in which the disaster occurred;


    4. Submit suitable justification for time extension to complete permanent repairs at least sixty days prior to the end of the second fiscal year to the FLHD for approval; and


    5. Review all completed construction projects, prepare a final report, and forward it to the FLHD after the completion of all projects for an individual disaster.  This report must include a final accounting of all costs claimed.

    The FLHD will:

    1. Review and approve or deny required PS&E packages, concurrence in  award/rejection of bids, approval of force account work if it is in the best interest of the Government, and acceptance of completed construction for individual projects on major work sites within thirty calendar days of receipt;


    2. Promptly and efficiently complete temporary and permanent ERFO repairs which are being administered by FHWA.  This includes compliance with all applicable laws, regulations, and Executive Orders.  All ERFO permanent repairs should be under construction by the end of the second fiscal year following the year in which the disaster occurred;


    3. Review selected completed construction projects and prepare a final report after the completion of projects administered by the FHWA for an individual disaster.


    4. Review and approve or deny by letter to the Corps within thirty calendar days time extensions for completing permanent repairs on a disaster.


    5. May withdraw approval and funding for ERFO repair work which is not in progress after thirty-six months of the date of the Positive Finding letter; and


    6. Conduct a disaster closeout review of repairs made by the Corps on a disaster within thirty calendar days after notification by the Corps. 


  9. Funding and Reporting

    The Corps will:

    1. Request ERFO funds by disaster, in writing, from the FLH.


    2. Advise the Corps= division and district offices of the amount of ERFO funding available for their disasters;


    3. Transfer funds necessary for ineligible work being done on a FHWA administered ERFO repair project to the FHWA.  Transfers shall be accomplished using a SF-1151, Nonexpenditure Transfer Authorization Form;


    4. Furnish the following reports and data as indicated for ERFO repair projects for which the Corps is responsible:  (1) SF-133, Report on Budget Execution Form, reflecting specific financial and budget data for each different type of allocation and overall summary by Treasury symbol; (2) annual TFS-2108, Year-end Closing Statement; (3) mid-year and year-end status reports; and (4) other required reports described in the ERFO manual;


    5. Request liquidating cash from the Chief, Finance Division, FHWA, Room 4306, HABF-20, 400 Seventh Street, S.W., Washington, D.C. 20590;


    6. Return unobligated ERFO funds to FHWA before the end of the fiscal year if the amount is known and certain;


    7. Request that the FLHO reinstate year-end unobligated ERFO fund balances.

    The FHWA will:

    1. Transfer ERFO funds and obligation authority, by letter within seven calendar days after receipt of the request, when funds are available, to the Corps for ERFO repair projects which the Corps will perform.  This includes preparing the FHWA 370, Advice of Funds Available for Obligation Form;


    2. Transfer liquidating cash to the Corps to meet current expenditure needs within seven calendar days of the receipt of the request;


    3. Notify the Corps, in writing, when ERFO funds are not available or limited by the $100 million limit for a disaster or when the $100 million limit is waived;


    4. Monitor the obligation and use of ERFO funds by the Corps.  This includes adjusting the allocations of ERFO funds for disasters as necessary and withdrawing excess authority upon completion of a repair project or all repairs for a disaster;


    5. Assist the Corps in making the year-end adjustments of ERFO fund allocations and obligations.  This may include the withdrawal of any unobligated ERFO funds from the Corps at the end of the fiscal year and reinstatement in the next fiscal year; and


    6. Furnish reports for the portion of ineligible work funded and undertaken by the FHWA including: (1) SF-133, Report on Budget Execution Form, reflecting specific financial and budget data for each different type of allocation and overall summary by Treasury symbol; (2) annual TFS-2108, Year-end Closing Statement; (3) mid-year and year-end status reports; and (4) other required reports described in the ERFO manual.


  10. Miscellaneous
  11. Nothing in this agreement is intended to diminish or otherwise affect the authority of either agency to execute its respective statutory functions.

    This agreement is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its offices, or its employees.

    The HQUSACE Operations Division, Corps division and district office staffs, and FHWA field personnel are encouraged to consult together and agree on such matters that fall within their scope of responsibility.  Matters that cannot be resolved at the field level should be submitted to the Chief, HQUSACE Operations Division and the FHWA Federal Lands Highway Program Manager for resolution.

    Each party is encouraged to find ways to improve the administration of the ERFO program and to make mutually agreeable changes to effect improvements in the ERFO program.

    This agreement is not intended to fix the procedures to be followed so rigidly as to prevent logical, practical, and responsible actions by the Corps or FHWA, but rather to outline the responsibilities, procedures, and actions for most projects and activities.

    This agreement does not abrogate, amend, or modify any other existing agreements between the Department of the Army or the Corps and FHWA.

    This agreement shall become effective on the date of the last approving signature and will continue in effect until termination by either party upon giving a sixty-day written notice.

    Either party can initiate renegotiation of any part of this agreement at any time.

    Federal Highway Administration Department of the Army

Federal Highway Administration Department of Army
   

Original signed by:
_________________________________
Administrator, Federal Highway Administration

 

Original signed by:
_________________________________
Assistant Secretary of the
Army (Civil Works)

   
Date:30 June 2000 26 May 2000


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