Detailed Discussion
The Federal Highway Administration (FHWA) administers the Emergency Relief (ER) Program to assist State and local governments with the repair of Federal-Aid Roads and bridges damaged during disasters. Funds from this program are used for facilities on routes identified by the FHWA. They include most public roads except those functionally classified as rural or minor collector routes.
The ER Program is the responsibility of the Secretary of Transportation and is activated independently of major disaster declarations and emergency declarations made by the President. ER funds are used for both emergency and permanent work and are granted on the basis of inspections performed by FHWA and State highway department personnel. Eligible emergency work includes debris removal even when there is no physical damage to the roads.
FEMA’s ability to provide Public Assistance (PA) Program assistance on
Federal-Aid Roads is restricted, as described below.
Permanent Work: FEMA is prohibited from providing PA Program funds for the permanent repair of roads and bridges that are Federal-Aid Roads, even if the ER program is not available. As a
result, there may be times when no Federal assistance is available for permanent repair.
Emergency Work: FEMA may assist with emergency repairs and debris clearance on Federal-Aid Roads if the ER Program is not activated on a case-by-case basis, and only for those cases in which there is an immediate threat to the public health and safety.
FEMA cannot fund costs under a minimum threshold for work by another agency.
To speed the processing of PA Program grants, local officials should be aware of roads in their communities that are considered Federal-Aid Roads.
The Federal Highway Administration (FHWA) administers the Emergency Relief (ER) Program to assist State and local governments with the repair of Federal-Aid Roads and bridges damaged during disasters. Funds from this program are used for facilities on routes identified by the FHWA. They include most public roads except those functionally classified as rural or minor collector routes.
The ER Program is the responsibility of the Secretary of Transportation and is activated independently of major disaster declarations and emergency declarations made by the President. ER funds are used for both emergency and permanent work and are granted on the basis of inspections performed by FHWA and State highway department personnel. Eligible emergency work includes debris removal even when there is no physical damage to the roads.
FEMA’s ability to provide Public Assistance (PA) Program assistance on Federal-Aid Roads is restricted, as described below.
Permanent Work: FEMA is prohibited from providing PA Program funds for the permanent repair of roads and bridges that are Federal-Aid Roads, even if the ER program is not available. As a result, there may be times when no Federal assistance is available for permanent repair.
Emergency Work: FEMA may assist with emergency repairs and debris clearance on Federal-Aid Roads if the ER Program is not activated on a case-by-case basis, and only for those cases in which there is an immediate threat to the public health and safety.
FEMA cannot fund costs under a minimum threshold for work by another agency.
To speed the processing of PA Program grants, local officials should be aware of roads in their communities that are considered Federal-Aid Roads.
References: Sections 102(9) and 312 of the Stafford Act 44 CFR §206.221(h) and §206.226(a)
Emergency Relief Manual (Federal-Aid Highways), August 2003 update of FHWA-PD-98-054
Public Assistance Guide, FEMA 322, pages 25-26, 68, 80