U.S. Department of Transportation
Federal Highway Administration
|Subject:||ACTION: Implementation of FY 2019 Bridge Replacement and Rehabilitation Program||Date:||June 21, 2019|
|From:||Shay K. Burrows, Acting Director, Office of Bridges and Structures||In Reply Refer To: HIBS|
|To:||Division Administrators Director of Fields Services|
This memorandum provides guidance for the implementation of the Bridge Replacement and Rehabilitation (BRR) Program authorized in the Consolidated Appropriations Act, 2019, title I of division G, Public Law 116-6 ("2019 Appropriations Act" or "the Act"). This guidance clarifies eligible projects and implementation of the provision related to population density.
The 2019 Appropriations Act appropriated $475,000,000 for a bridge replacement and rehabilitation program. Among other things, the Act requires these funds to be distributed to any qualifying State for which the percentage of total deck area of bridges classified as in poor condition in such qualifying State is at least 7.5 percent as determined based on the National Bridge Inventory as of December 31, 2017. FHWA Notice N4510.835 (https://www.fhwa.dot.gov/legsregs/directives/notices/n4510835/) provides more information and statutory requirements that are applicable to these funds. The following are qualifying States: Alaska, Connecticut, Illinois, Iowa, Louisiana, Maine, Massachusetts, Michigan, Missouri, Montana, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Dakota, West Virginia, and Wyoming.Guidance on Administration Priorities and Use of Federal-aid Highway Formula Funding.
Eligible projects are highway bridge replacement and rehabilitation projects on public roads. For purposes of this program the following definitions apply for State, Public road, Highway, Bridge, Replacement, and Rehabilitation:
- "State" is defined in the Act as any of the 50 States or the District of Columbia for this program.
- "Public road" is defined in Title 23, United States Code (U.S.C.), § 101(a)(22) as any road or street under the jurisdiction of and maintained by a public authority and open to public travel.
- "Highway" is defined in 23 U.S.C. lOl(a)(11) as a road, street, and parkway; 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 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.
- "Bridge" is defined in Title 23, Code of Federal Regulations (CFR), Part 650.305 as a structure including supports erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measuring along the center of the roadway of more than 20 feet between undercopings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipe culverts, where the clear distance between openings is less than half of the smaller contiguous opening.
- "Replacement" is defined in 23 CFR 650.405 as total replacement of a bridge with a new facility constructed in the same general traffic corridor. A nominal amount of approach work, sufficient to connect the new facility to the existing roadway or to return the gradeline to an attainable touchdown point in accordance with good design practice, is also eligible. The replacement structure must meet the current geometric, construction and structural standards required for the types and volume of projected traffic on the facility over its design life.
- "Rehabilitation" is defined in 23 CFR 650.405 as the project requirements necessary to perform the major work required to restore the structural integrity of a bridge as well as the work necessary to correct major safety defects except as noted in 23 CFR 650.405( c) under ineligible work. Examples of bridge rehabilitation include, but are not limited to: partial or complete deck replacement, superstructure replacement, and substructure/culvert strengthening or partial/full replacement. Incidental widening is often associated with some of these activities.
The Act requires funds to be obligated for eligible projects located in areas of a qualifying State that have a population of 200,000 or fewer individuals. To implement this requirement, Urbanized Areas with a population greater than 200,000 individuals are excluded from eligibility, unless one of the conditions specified below is met. A list of Urbanized Areas and their respective populations based on the 2010 census can be found in the Federal Register, Vol. 77, No. 59, Tuesday, March 27, 2012, Part IV, Department of Commerce, Bureau of the Census, Qualifying Urban Areas for the 2010 Census; Notice.1 The attachment includes a list of the Urbanized Areas of qualifying States with a population greater than 200,000 individuals.
1 The Census list for urbanized areas reflects 50,000 or more people. Please see footnote 2 on page 559, https://www.govinfo.gov/content/pkg/FR-2012-03-27/pdf/FR-2012-03-27.pdf
If a qualifying State demonstrates that there are no bridges in areas of the State with a population of 200,000 or fewer individuals, or there are insufficient bridge replacement or rehabilitation needs in such areas, the State may use BRR Program funds for eligible projects in any area of the State. A qualifying State may demonstrate that they meet one of these conditions as follows :
- For a State that has no bridges in areas of the State with a population of 200,000 or fewer individuals -A State may provide to its respective division office information utilizing maps or a Geographic Information System (GIS) that overlays the Urbanized Area boundaries with a population greater than 200,000 individuals and their bridges. Upon review of the information provided by the State, if the Division Administrator finds that the information substantiates the State's assertion that there are no bridges in such areas, the Division Administrator shall issue a concurrence memorandum to the State allowing the use of BRR Program funds in Urbanized Areas with a population greater than 200,000 individuals with a copy to the Office of Bridges and Structures via Mr. Douglas Blades (firstname.lastname@example.org).
- For a State that has insufficient bridge replacement or rehabilitation needs in areas of the State with a population of 200,000 or fewer individuals -The State may coordinate with local agencies who own bridges in areas with a population of 200,000 or fewer individuals to determine needs for bridge rehabilitation and replacement projects in such areas. In consultation with these agencies, the State should develop a list of all potential State and local projects in areas with 200,000 or fewer individuals along with the estimated costs of those projects. The State should also determine the probability for any projects in areas with 200,000 or fewer individuals to obligate funds by September 30, 2022, and expend funds by September 30, 2027. The State should then finalize its list of projects and costs that will use BRR Program funds, and calculate if funds remain available that could be used in areas with a population greater than 200,000 individuals. After submitting all this information to its respective division office, the division office shall determine if it concurs with the State's assessment. Upon review of the information provided by the State, if the Division Administrator finds that the information substantiates the State' s assertion, the Division Administrator shall issue a concurrence memorandum to the State allowing the use of BRR Program funds in Urbanized Areas with a population greater than 200,000 individuals with a copy to the Office of Bridges and Structures via Mr. Douglas Blades (email@example.com).
Attachment 1 -Urbanized Areas
Bridge Replacement and Rehabilitation Program Qualifying States Urbanized Areas
|Round Lake Beach-McHenry-Grayslake||290,373|