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Emergency Relief Manual
Chapter III - Emergency Relief Application Process
The decision to seek ER financial assistance rests with the State. Local highway agencies do not deal with the FHWA directly but must make their application through the State. The State has the option to determine whether it will seek ER funding for repair of either State or local agency owned Federal-aid highways.
The State and local transportation agencies are empowered to begin emergency repairs immediately to restore essential traffic service and to prevent further damage to Federal-aid highway facilities. Properly documented costs will later be reimbursed once the State formally requests ER funding, and the FHWA Division Administrator makes a finding that the disaster is eligible for ER funds.
The three methods for developing and processing a State request for ER funding are described in this chapter. Two of the methods are labeled as "traditional" in that they have been used for several years. The third method, recently used with increasing frequency, employs a process to deliver ER assistance for large disasters very quickly.
Method 1. Traditional
Preliminary Steps - The Governor issues a formal proclamation of the existence of a disaster. A Presidential declaration, or the Governor's request for this declaration, can serve the same purpose. The State then files a letter of intent to apply for ER funding with the FHWA Division office in the State, and the Division Office acknowledges the letter. These actions are described in Chapter IV.
Disaster Assessment - Detailed damage inspections are conducted at many, if not all, sites. This process is described in Chapter V.
Formal State Request for ER Funding and Damage Survey Summary Report - The State requests ER funding based on the detailed damage inspections. The State's request, along with the information from the detailed inspections and the FHWA's Division office's recommendations, are submitted for a finding by the FHWA Division Administrator. This process is described in Chapter IV.
Length of Time to Develop Application - Typically, the above steps would be accomplished over a 6 to 10-week period.
Division Administrator's Finding - For events approved for ER funding, the Division Administrator issues a letter to the head of the State transportation agency notifying the State transportation agency of the approval. Concurrently, FHWA Division requests the FHWA Headquarters Office of Program Administration, by e-mail to allocate ER funds. The e-mail must be sent to the Office of Program Administration (HIPA-1) official mailbox with a copy to the ER Program Manager. The request, as a minimum, must include date of approval and brief description of the event, estimated cost of damage repair and the Federal share, the ER obligation need for the current fiscal year, list of counties, and the congressional district numbers. Additional ER funding will be made available to the State as needs arise. The Division Administrator will notify the State transportation agency of any events that are denied ER funding.
Method 2. Traditional (Expedited)
Preliminary Steps - Same as Method 1.
Disaster Assessment - For the purposes of an ER application, damage assessments are based on a windshield inspection at a sampling of sites as described in Chapter V. At least one site is visited in each county involved in the event. Windshield surveys are used under this method to expedite the process.
Formal State Request for ER Funding and Damage Survey Summary Report - Similar to Method 1 except the request and Damage Survey Summary Report are based on the windshield inspections.
Length of Time to Develop Application - Typically, the above steps would be accomplished over a 2 to 3-week period.
Division Administrator's Finding - Same as Method 1, with the exception that the request for funding should be conservative, recognizing the limited information available.
Detailed damage inspections of sites - Such inspections are completed at a later date, most likely after the Division Administrator has made a finding of ER eligibility for the event. These detailed damage inspections of sites at a later date aid in eligibility determinations and approval of a program of projects. At this point in time, it is likely that a refined estimate of ER funding need would be provided to FHWA Headquarters to facilitate a more accurate allocation of funds.
Method 3. Quick Release
Preliminary Steps - Same as Method 1, although the State's letter of intent and request for an ER finding may be combined into a single document.
Disaster Assessment - For the purposes of an ER application, few, if any, on-site damage surveys are made. Instead, the disaster assessment is based on other readily available information, such as credible media reports or aerial surveys done by the State.
Formal State Request for ER Funding and Damage Survey Summary Report - For the purposes of the ER application, the State requests ER funding based on their preliminary assessment of the extent of damage. The request is done in a brief letter to the Division office. No Damage Survey Summary Report is prepared to accompany the ER application. A sample State letter is provided in Appendix E.
The Division office makes a finding of eligibility of the event based on the readily available reliable information on the extent and severity of the damage. The Office of Program Administration in Headquarters is available for consultation as needed. A request for an initial allocation of ER funds is made to the Office Of Program Administration, usually for a modest amount only intended to start the flow of ER funds to the State for initial emergency repair costs the State is incurring. Supplemental allocations would follow at later dates. The determination of an appropriate initial allocation amount is typically discussed by phone between FHWA Division office staff and staff from FHWA Headquarters who administer the ER program.
The State Highway Authority should prepare and submit an abbreviated Damage Survey Summary Report to the Division Office after most of the detailed damage inspections have been completed. The report can be as simple as a summary of eligible estimated ER costs by county. This report must provide support for supplemental allocations of ER funds for permanent repairs as well as providing a summary of the counties involved in the disaster and an overall estimate of ER eligible repair costs.
Length of Time to Develop Application - Typically, the above steps would be accomplished over a 1 to 2-day period.
Division Administrator's Finding - Same as Method 1.
Detailed damage inspections of sites - Same as Method 2.
Additional Considerations - The "quick release" method is not appropriate for all disasters. In general, it is used for larger disasters where extensive damage is readily evident and where there is a desire, both by the Administration and a State, to have ER resources flowing quickly to the State.
Two Disasters Treated as One
Although unusual, disasters can occur so closely in time that the damage to roads and bridges is difficult or impossible to evaluate and tabulate as separate events. Many facilities in the same area may suffer damage from a second disaster before the survey teams have evaluated the damage caused by the earlier event. In these situations, the data supporting the magnitude and extensiveness of the second occurrence should be supported in the regular manner; but the request submitted should ask that the two disasters be recognized as a single event. This may, of course, not be desirable if one or both disasters are potentially subject to the $100 million per State cap. In this instance, survey teams should make a "best estimate" of damage to be attributed to each event. Also, it should be noted that where two disasters are treated as one, there is only one 180-day period covering the 100 percent Federal share for the combined event; this period beginning with the occurrence date of the first disaster.
Granting a request to treat two disasters as one will simplify the processing of the necessary repair or reconstruction projects by having a single ER finding for all projects resulting from the two disasters. The Governor's second proclamation should cover both disasters. However, the supporting data must prove that facilities have suffered severe damage in both disasters and such damage is of sufficient severity to justify ER assistance. Sufficient documentation establishing the existence of separate disasters should assure compliance with the $100 million per State cap per disaster.
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