What Is The Request And What Will We Get For The Funds?
FY 2015 – Emergency Relief Program ($100.0 million)
($000)
Difference
FY 2014 FY 2015 From FY 2014
PROGRAM ACTIVITY ENACTED REQUEST ENACTED
2/ Programs relocated from Administrative Expenses. Other Programs from Administrative Expenses was renamed to Other Safety-related Programs. Amounts for FY14 are the amounts set aside from Administrative Expenses and are shown for comparison purposes.
1/ In FY14 $7.2 million was sequestered from Emergency Relief (sequestration not reflected in table).
The ER program provides funding to States for the repair and reconstruction of Federal-aid highways and roads on Federal lands following a disaster. ER funds are allocated to the States based on damage assessments of repair costs following a disaster.
What Is The Program?
Congress authorized in Title 23, United States Code, Section 125, a special program from the Highway Trust Fund for the repair or reconstruction of Federal-aid highways and roads on Federal lands which have suffered serious damage as a result of (1) natural disasters or (2) catastrophic failures from an external cause. This program, commonly referred to as the Emergency Relief or ER program, supplements the commitment of resources by States, their political subdivisions, or other Federal agencies to help pay for unusually heavy expenses resulting from extraordinary conditions.
Examples of natural disasters include floods, hurricanes, earthquakes, tornadoes, tidal waves, severe storms, and landslides. A catastrophic failure is defined as the sudden and complete failure of a major element or segment of the highway system that causes a disastrous impact on transportation services. Additionally, the cause of the catastrophic failure must be determined to be external to the facility. A bridge suddenly collapsing after being struck by a barge is an example of a catastrophic failure from an external cause. Failures due to an inherent flaw in the facility itself do not qualify for ER assistance.
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Emergency repairs accomplished in the first 180 days after the occurrence of the disaster to restore essential traffic, minimize the extent of damage, or protect the remaining facilities may be reimbursed at a 100 percent Federal share. ER funds are available for permanent repairs and for emergency repair work accomplished more than 180 days after an event are at the pro rata Federal-aid share that would normally apply to the facility being repaired. This 180 day period can be extended in consideration of any delay in the State’s ability to access damaged facilities to evaluate damage and the cost of repair.
Why Is This Particular Program Necessary?
ER program funds are critical to maintaining mobility for the American public. Natural disasters and catastrophes that destroy highways and bridges are unpredictable events and can occur anywhere in the country. Following the 2005 Gulf Coast Hurricanes, more than $2.8 billion in ER funds were provided to assist States in the repair and recovery of Federal-aid highways damaged by the hurricanes. These funds were instrumental in assisting the Gulf Coast region with needed recovery efforts following the devastating impact from Hurricanes Katrina, Rita, and Wilma. More recently, over $500 million was provided to Mid-Atlantic and Northeast states in response to Superstorm Sandy. Nearly $60 million of this funding was provided within days after the storm to allow states to address their most critical emergency needs. The immediate availability of ER funds was essential in providing these funds.
When a natural disaster or catastrophe strikes, the ER program is available to provide assistance to get damaged highways open to essential traffic. Longer term permanent repairs to restore damaged highways are also funded through the ER program.
How Do You Know The Program Works?
The ER program provides for repair and restoration of highway facilities to pre-disaster
conditions. ER funds are not intended to replace other Federal-aid, State, or local funds for new construction to increase capacity, correct non-disaster related deficiencies, or otherwise improve highway facilities.
Program requirements are provided in the statute under 23 USC 125 and the ER regulations at 23 CFR 668. FHWA manages ER projects in accordance with normal Federal-aid project
requirements. Contracts for both permanent repair work and emergency repairs must incorporate all applicable federal requirements. ER project oversight is performed in accordance with the FHWA stewardship agreement with the State.
In 2013, ER funds were provided for 35 separate disasters. The average annual need for ER funds has been in the range of $300-400 million; however, in recent years, large-scale events such as Hurricane Irene and Superstorm Sandy have pushed annual needs above $1 billion.
These needs have been funded from the annual ER appropriation as well as supplemental funds, provided by Congress.
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Why Do We Want/Need To Fund The Program At The Requested Level?
The ER program has been funded through a recurring annual authorization of $100 million since 1972. When ER program needs exceed available funding, Congress has provided supplemental appropriations to cover the ER backlog.
Over the past 12 years, the costs of nationwide ER events, not including large scale disasters (e.g., Hurricane Katrina, Hurricane Sandy) have averaged about $350 million annually. Within the same time frame, including large scale events, the average costs increases to about $750 million annually. Over the past 20 years, $12.2 billion has been provided through supplemental appropriations to the ER program, in addition to the annual $100 million authorization. In FY 2013, Congress appropriated $2.0 billion for Superstorm Sandy and other disasters. That
appropriation is not part of the Federal-aid Highways account and is funded by the General Fund.
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