U.S. Department of Transportation Federal Highway Administration

1. Transportation ConferenceShepherdstown, WVAugust 29 – 30, 2006Emergency Relief for Federally Owned Roads (ERFO) U.S. Department of Transportation Federal Highway Administration

2. Objectives Provide basic ERFO Program information: • Highlights • Program Flow Charts and interface • Funding process and requirements • Funding from FY 03-06 and constraints

3. ERFO Program Personnel • ERFO Program Manager • Donald Patrick (202) 366-9491 • ERFO Coordinators • EFLHD - Sergio Mayorga (571) 434-1547 • CFLHD – Michael Daly (720) 963-3551 • Andy Byra (720) 963-3550 • WFLHD - David Hilgendorf (360) 619-7620

4. Federal Lands HighwaysDivision Offices Vancouver, WA Lakewood, CO Sterling,VA

5. ERFO ON INTERNET http://www.eflhd.fhwa.dot.gov/erfo/index.htm

6. ERFO Program ManagerNationwide Program Responsibilities • Management oversight and leads overall quality assurance (uniformity and consistency) • Issues guidance, policy and procedures • Reviews eligibility appeals and makes recommendations • Program stewardship (FLMA’s and FLHD’s) • Resolves conflicts between ER and ERFO Programs • Determines eligibility • Administers funds, tracking methods and accountability

7. ER and ERFO • ER Annual appropriation ($100 million) provided on October 1st • ER Divides between States and ERFO • ER (typically >85%) • ERFO (typically <15%) • Supplemental Appropriations

8. ERFO Program Highlights • Minimum threshold for each disaster is $700,000 • Minimum threshold for each damaged site is $5,000 • Time Extensions will not be granted due to lack of funds

9. ERFOProgram • Purpose: • Repair or reconstruct Federally owned or designated roads • that have suffered serious damage • by a natural disaster over a wide area • or by a catastrophic failure

10. When Disaster Strikes When Disaster Strikes • Initiate Emergency Repairs • Restore essential traffic • Protect remaining facilities • Prevent additional damage • Maintain eligibility for reimbursement • Keep records, time sheets, equipment hours • TAKE PICTURES

12. ERFO Program Highlights ERFO Program Highlights • Only serious damage is eligible • Serious damage severely impairs the safety, capacity, or usefulness of a road or bridge and is considered beyond the scope of heavy maintenance • Heavy Maintenanceis work normally performed after frequently occurring intense natural events

13. ERFO Program Highlights ERFO Program Highlights • Restoration in‑kind to pre‑disaster conditions is the predominant type of repair • Replacement Facilities may be constructed to a higher standard if repair is not practical or economically feasible • Betterments may be approved if economically justified

14. ERFO Program Highlights • Only damage to roads that are Open to Public Travel is eligible • Passable by standard passenger autos and open to the general public (pg. A-7) • Roads open less than 5 months each year will be approved for funding on a case-by-case basis

15. ERFO Program Highlights ERFO Program Highlights • Pre-disaster deficiencies are not eligible for ERFO funding due to lack of maintenance • Deteriorated, leaking, piping culverts • Obstructed ditches • Damage in areas identified as a scheduled (future) project in a Multi-year Plan (i.e., STIP’s, TIP’s and 5-yrs.) are not eligible for ERFO funding • Within the DAMAGE AREA, we would cover repairs not previously scheduled

16. ERFO Program Highlights ERFO Program Highlights • TRAILS: (pg. 4-3) • National Trails designated by Congress under the National Trails System Act of 1968 • Trail Bridges on other trails that provide the only access to significant points of interest (case-by-case basis)

17. ERFO Program Highlights ERFO Program Highlights • Quick Release Request:(pg. 3-4) • After the positive disaster finding by the FLHDE and before the POP is approved • To make emergency repairs to re-establish vital transportation system(s) after a catastrophic or major natural disaster • Requests are viewed on a case-by-case basis

18. Title 23 CFR Summary Title 23 CFR Summary • Emergency repairs do not require prior approval CFR668.205(d) • Permanent Repairs must have prior program approvalCFR668.209(a) do not must

20. Total Approved ERFO Program by: FLM Agencies $ $ $ $ $ $ $ $ 28.8 M 4.1 M 0.0 M 0.1 M 2.4 M 114.8 M 0.1 M 29.6 M $179.9 M Backlog = $83.3 M • BIA - - - • BLM - - - • BOR - - - • COE - - - • FWS - - - • FS - - - - • SDDC - - • NPS - - - FY ’03 thru FY ’06 (July 9th)

21. Total Approved ERFO Program by: FLH Division $ $ $ 54.6 M 17.7 M 35.1 M $107.4 M Backlog = $26.0 M Total Backlog = $109.3 M • EFL - - - • CFL - - - • WFL - - - FY ’03 thru FY ’06 (July 9th)

22. no Construction Disaster Occurs Other funding available? Transfer Funds FLHMA/FHWA Negative Finding Applicant 'sPOP Disaster Close Out Disaster Assessment Track Funds no Note Disaster Begin EmergencyRepairs Write DSR Positive FindingIssued Update Spreadsheet Status Report Seek Reimbursement End of Disaster Eligible for Funding? Construction Update POP Program Approval Reprioritize Program Is FundingAvailable? Notification Letter no FLMA FHWA Disaster Occurs ERFO FLOW CHART Begin EmergencyRepairs FLH Division FHWA HQ Note Disaster Notification Letter Disaster Assessment Eligible for Funding? Negative Finding no Update Spreadsheet Write DSR Update Program of Projects yes Positive FindingIssued FLOW CHART ERFO Applicant 'sProgram of Projects Other funds available? ERFO FundsAvailable? no yes yes no Program Approval Reprioritize Program Transfer Funds FLMA/FHWA Construction Sites not repaired/exceeded Timing window/remove from Program of Projects Status Reports Disaster Close Out Seek Reimbursement Track Funds With FLMA/FLHD End of Disaster (pg. 2-1)

23. COMMUNICATION FLOWS COMMUNICATION FLOWS ERFO Program Manager WFL ERFO Coordinator CFL ERFO Coordinator EFL ERFO Coordinator FLMA Coordinator FLMA Coordinator FLMA Coordinator FLMA Program Manager (Headquarters)

24. DISASTER OCCURSFLOWCHART

25. ERFOEnvironmental Compliance • Environmental compliance and permits are the responsibility of the lead agency

26. Full Eligibility Full Eligibility • Federal Roads Open to Public Travel • Passable by standard passenger auto, without restrictive gates, prohibitive signs or regulation other than restrictions based on size, weight, or class of registration (pg. A-7)

27. Eligibility Statements • Only Serious Damage is eligible • Serious Damage is damage that severely impairs the safety, capacity, or usefulness of a highway and is beyond the scope of heavy maintenance (pg. A-9) • Restoration in-kind to pre-disaster conditions is expected

28. Eligibility Review 1st - Serious Damage is a prerequisite. 2nd - In-Kind Repair to pre-disaster conditions. 3rd - When repair is not practical or economically feasible construct replacement facility in the original location or in new location at the least cost.

29. Limited Funding Available • Trails are eligible as follows: • Designated by the U.S. Congress as a National Trail (National Trails System Act of 1968, as amended) • Trail bridges on other trails that provide the only access to significant points of interest • An integral part of an eligible damaged roadway

30. Ineligible • Refuge Road

31. ERFO Funds ERFO Funds FLH ERFO Program Manager FLH ERFO Program Manager FLHD’s FLMA National Headquarters Reimbursable Agreements With States & Counties Field Units FLHD Managed FLMA Projects Force Accounts Contracts

32. FY 2006 General Funding Sequence • Aug. – Sept.: FLH requests FY 2006 Needs from FLMA’s and FLHD’s • Oct. 1st: ER Annual Appropriation ($100 million) • Oct. – Nov.: ER requests ERFO FY 2006 Funding Needs • Oct. – Dec. : FHWA’s Advice of Funding (SF-370’s) for FLHD’s Unobligated FY 2005 funds • Oct. – Dec.: End of FY Reconciliation of FLMA’s Unobligated Balances (SF-133’s)

33. FY 2006 General Funding Sequence • Oct. – Dec.: FLMA’s and FLHD’s FY 2006 ERFO Project Priorities • Mar.: FHWA’s Advice of Funding (SF-370’s) for FLMA’s Unobligated Balances FY 2005 funds per Agency Current Statue: • Received FHWA’s Advice of Funding (SF-370’s) for FLHD’s Unobligated FY 2005 funds on Oct. 28th for PC-09W, PC-08X and PC-08W (FY05 Hurricane Supplemental Appropriations Act). • Oct – Jul: FLH has make 61 funding requests

34. FY 2006 General Funding Sequence Pending Actions: • FY 2006 Funds from ER • FHWA’s SF-370’s of End of FY 2005 Reconciliation of FLMA’s Unobligated Balances

35. Funding Constraints • Delay with DOT’s distribution of the $100 million between the States and FLH Office (ERFO) • From FY 2000 - 2005 distribution completed Mar. – Apr. • FY 2005 ERFO funds received in Aug. 2006 • FY 2006 ERFO funds? • Delay with FHWA’s SF-370’s • Reconciliation of End-of-Year Unobligated Funds • Prior year Awards and Construction contracts on HOLD • Lack of End-of-Year Status information

36. Disaster RepairStatus/Closeout Report (pg. C-29)

37. Consequence for Lack of Reporting • Fund transfers could be delayed • End-of-Fiscal Year Reconciliation data (SF-133’s) • End-of-Year Status Reports

38. Funding Shortage • Use unobligated ERFO funds from another disaster • Must obtain approval from ERFO Program Manager • Use Applicant’s funds • Reimbursement will be limited to the approved POP amount

39. Funding Shortage • Use FLHP funds • Forest Highway, Park Roads and Parkways, Indian Reservation Roads, Refuge Roads • Mustobtain approval from affected parties • Time extensions willnot be approved when projects are delayed due to lack of funds

40. Funding Priorities • Reimbursement (Payback) • Applicant funds • FLHP funds • Current Fiscal Year Needs • CE and Contract Modifications • PE and Contract Award (pg. C-27)

41. Expected Outcomes Understanding the basic ERFO Program: • Highlights • Flow of information between FLMA’s, FLHD’s and Headquarters • Funding process and requirements • FHWA funding constraints

42. “THE END” Thank You