Embedded Files
Localized or Isolated Emergency
Localized or Isolated Emergency
Maintenance forces are routinely asked to respond to local or isolated emergencies that threaten or endanger the transportation system. When isolated or localized emergencies occur, there may be opportunities to work with Region leadership to acquire additional funds to help repair, preserve, and repair the damage caused by the event. In many cases the funding may come from the Region Director’s contingency funds as the event may not qualify as a State emergency. In these types of situations it is best to work with the District Engineers at the Region to determine the best course for acquiring additional funds.
State of Emergency
State of Emergency
State of Emergencies are declared by the Governor when a disaster has occurred, or may be imminent, that is severe enough to require State aid to supplement local resources in preventing or alleviating damages, loss, hardship or suffering. This emergency declaration authorizes the Governor to speed up State agency assistance to communities in need. It enables State resources to be immediately available to rescue, evacuate, shelter, provide essential commodities (i.e., heating fuel, food etc.), etc. The declaration may also position the State to seek federal assistance when the scope of the event exceeds the State's resources. The following information will be required by the Governor’s Office to authorize a “State of Emergency:”
State of Emergencies are declared by the Governor when a disaster has occurred, or may be imminent, that is severe enough to require State aid to supplement local resources in preventing or alleviating damages, loss, hardship or suffering. This emergency declaration authorizes the Governor to speed up State agency assistance to communities in need. It enables State resources to be immediately available to rescue, evacuate, shelter, provide essential commodities (i.e., heating fuel, food etc.), etc. The declaration may also position the State to seek federal assistance when the scope of the event exceeds the State's resources. The following information will be required by the Governor’s Office to authorize a “State of Emergency:”
Governor’s Declaration - Declarations are non-binding documents signed by the Governor of Utah in recognition of special events or significant issues. UDOT has been asked to coordinate with the Utah Division of Emergency Management for requesting and preparing information in the case that a “State of Emergency” may be declared.
UDOT’s Division of Emergency Operations assists Central Maintenance in preparing the documentation required for the Governor to declare a “State of Emergency”, such as:
Written synopsis of the event that occurred
Location, Route mileposts - extents of damage
Cost estimate on to repair damages (DDIR)
Divided into Divisional Categories; ie. Structures, Roadway, Drainage, etc.
Letter of Request for the State of Emergency, requires signature of Executive Director
Division of Emergency Management - The Utah Division of Emergency Management is the lead state government agency for prevention, mitigation, preparedness, response (including state-to-state mutual aid), and recovery actions and activities. Emergency Management. They assist UDOT in working through the state and federal processes to ensure that we have all the necessary documentation in place to acquire both State and Federal funds from emergency programs.
Federal Emergency (details around programs that provide emergency relief funding from the federal government).
Federal Emergency (details around programs that provide emergency relief funding from the federal government).
Description - Federal program part of 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.” The (MAP-21) Moving Ahead for progress in the 21st Century Act, Fixing America’s Surface Transportation Act (FAST Act) and Bipartisan Infrastructure Law (BIL) updated and modified conditions, requirements and processes for ER funding.
Requirements
$700,000 in eligible damages
$5,000 minimum in repair costs per site
Funds Available - $100 million annually nationwide
Federal Share (Typical)
100% for Emergency repair work to restore essential travel, minimize the extent of damage, or protect the remaining facilities, accomplished in the first 270 days after the disaster occurs
90% for Interstate Highways for new eligible repairs to restore damaged facilities
80% for all other federal aid highways; % may increase up to 90% if eligibility requirements are met
100% for repair work on Federal Lands, Federal land access, and Tribal Transportation facilities otherwise known as Federally-Owned Roads (EFFO)
ER funds are available at the pro-rata share that would normally apply to the Federal-aid facility damaged
How to Apply
Refer to How to Apply Section and Frequently Asked Questions (MAP-21)
The Emergency Relief Manual has been created by FHWA to provide guidance to state and local governments on applying for federal ER funds.
States are required to submit an application for ER funding to FHWA within two calendar years of the date of disaster. (23 U.S.C. 125(d)(1)(B)), MAP-21 § 1107
ER projects shall be promptly constructed and that projects that have not advanced to the construction obligation stage by the end of the second fiscal year following the disaster occurrence will not be advanced unless suitable justification to warrant retention is furnished to the FHWA. 23 CFR 668.105(h)
Unless very unusual circumstances prevail, the damage survey summary report should be prepared within 6 weeks following the applicant's notification. 23CFR 668.111(b)(2)
The State should submit to the FHWA Division Administrator a program of projects which defines the work needed to restore or replace the damaged facilities within 3 months of the receipt of the initial disaster notification. 23 CFR 668.113(a)
Frequently Asked Questions
(BIL) Bipartisan Infrastructure Law Fact Sheets
Emergency Relief Program Summary
Emergency Relief (MAP-21 ER) FAQ
ER Program Flow Chart
Figure 18.9.1
Examples of Eligible Items:
Engineering and Right-of-Way
Indirect Costs
Detours
Traffic Damage
Overlays
Raising Grades
Slides
Work on Active Construction Project
Toll Facilities
Traffic Control Devices
Landscaping
Roadside Appurtenances
Timber and Debris Removal (MAP-21 FAQ Debris Eligibility)
Transportation System Management
Projects and Features resulting from NEPA Progress
Outside of the Highway Right-of Way
Administrative Expenses
Supplies and Materials
Equipment
Catastrophic Failure from an External Cause
Note BIL(Bipartisan Infrastructure Law) adds the following
Adds wildfire to the examples of natural disasters for which ER funding is authorized.
Removes the restriction on ER eligibility for the repair or reconstruction of a bridge if the construction phase of a replacement structure is included in the approved Statewide transportation improvement program at the time of the event.
Provides that the cost of an improvement that is part of an ER project shall be an eligible expense under the ER program if the improvement is a protective feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. Protective features include:
Raising roadway grades
Relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas
Stabilizing slide areas
Stabilizing slopes
Lengthening or raising bridges to increase waterway openings
Increasing the size or number of drainage structures
Replacing culverts with bridges or upsizing culverts
Installing seismic retrofits on bridges
Adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal or other hydraulic countermeasures, including spur dikes
The use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters
Examples of Ineligible Items
Project not included in the State’s ER Applications
Heavy Maintenance (<$700,000)
Damage Estimate under $5,000 per site
Traffic Damage
Frost Heavings
Applicant Owned Material
Erosion Damage
Prior Schedule Work
Mine/Underground Subsidence
Snow and/or Ice Removal
Emergency Transportation Services/First Responders
Preventive Work/Evacuation Prior to a Disaster
Catastrophic Failure from an Internal Cause
Radiological Contamination
National Guard (with some exceptions)
The following information has been provided by the official website of FEMA, and is subject to change at any time. Please refer to the website for the latest information regarding FEMA’s emergency relief aid and policies.
Declaration Types
Declaration Types
There are two types of disaster declarations provided for in the Stafford Act: emergency declarations and major disaster declarations. Both declaration types authorize the President to provide supplemental federal disaster assistance. However, the events related to the two different types of declaration and scope and amount of assistance differ.
Emergency Declarations
Emergency Declarations
The President can declare an emergency for any occasion or instance when the President determines federal assistance is needed. Emergency declarations supplement State and local or Indian tribal government efforts in providing emergency services, such as the protection of lives, property, public health, and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. The total amount of assistance provided for in a single emergency may not exceed $5 million. The President shall report to Congress if this amount is exceeded.
Requirements
Requirements
The Governor of the affected State or Tribal Chief Executive of the affected Tribe must submit a request to the President, through the appropriate Regional Administrator, within 30 days of the occurrence of the incident. The request must be based upon a finding that the situation is beyond the capability of the State and affected local governments or Indian tribal government and that supplemental federal emergency assistance is necessary to save lives and protect property, public health and safety, or to lessen or avert the threat of a disaster. In addition, the request must include:
Confirmation that the Governor or Tribal Chief Executive has taken appropriate action under State or Tribal law and directed the execution of the State or Tribal emergency plan;
A description of the State and local or Indian tribal government efforts and resources utilized to alleviate the emergency;
A description of other federal agency efforts and resources utilized in response to the emergency; and
A description of the type and extent of additional federal assistance required.
Assistance Available Under Emergency Declarations
Assistance Available Under Emergency Declarations
Public Assistance (PA) – Only Categories A (debris removal) and B (emergency protective measures) may be authorized under an emergency declaration.Categories C-G (permanent work) are not available under an emergency declaration. Emergency declarations often include only Category B and will typically be limited to DFA, absent damage assessments showing significant need for financial assistance. This assistance is generally provided on a 75% federal, 25% non-federal cost sharing basis.
Major Disaster Declarations
Major Disaster Declarations
The President can declare a major disaster for any natural event, including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or, regardless of cause, fire, flood, or explosion, that the President determines has caused damage of such severity that it is beyond the combined capabilities of state and local governments to respond. A major disaster declaration provides a wide range of federal assistance programs for individuals and public infrastructure, including funds for both emergency and permanent work.
Requirements
Requirements
The Governor of the affected State or Tribal Chief Executive of the affected Tribe must submit the request to the President through the appropriate Regional Administrator within 30 days of the occurrence of the incident. The request must be based upon a finding that the situation is beyond the capability of the State and affected local governments or Indian tribal government and that supplemental federal assistance is necessary. In addition the request must include:
Confirmation that the Governor or Tribal Chief Executive has taken appropriate action under State or Tribal law and directed execution of the State or Tribal emergency plan;
An estimate of the amount and severity of damage to the public and private sector;
A description of the State and local or Indian tribal government efforts and resources utilized to alleviate the disaster;
Preliminary estimates of the type and amount of Stafford Act assistance needed; and
Certification by the Governor or Tribal Chief Executive that the State and local governments or Indian tribal government will comply with all applicable cost sharing requirements.
Assistance Available Under Major Disaster Declarations
Assistance Available Under Major Disaster Declarations
The following links direct the reader to FEMA’s website where they will be to information describing the programs and the process of how to obtain assistance:
A program created by FEMA that provides financial assistance and direct services to eligible individuals and households who may not be insured or are underinsured who are affected by a disaster.
Public Assistance - Assistance to State, Tribal, and local governments and certain private nonprofit organizations for emergency work and the repair or replacement of disaster-damaged facilities..s
Hazard Mitigation Assistance – Assistance to State, Tribal, and local governments and certain private nonprofit organizations for actions taken to prevent or reduce long term risk to life and property from natural hazards.
US Army Corps of Engineers
US Army Corps of Engineers
Description - The US Army Corps of Engineers (USACE) deploys to respond to emergencies and aid in disaster response and recovery. USACE works under the direction of the Department of Homeland Security/FEMA as a member of the federal team to support State and Local governments in responding to major disasters.
USACE primary function under the National Response Framework (NRF) is Emergency Support Function #3 - Public Works and Engineering. Their core missions include:
Infrastructure Assessment, Technical Assistance and Water/Wastewater Response
Support to Urban Search & Rescue (US&R)
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