[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR668.105]

[Page 328-329]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 668_EMERGENCY RELIEF PROGRAM--Table of Contents
 
              Subpart A_Procedures for Federal-Aid Highways
 
Sec. 668.105  Policy.

    (a) The Emergency Relief (ER) program is intended to aid States in 
repairing road facilities which have suffered widespread serious damage 
resulting from a natural disaster over a wide area or serious damage 
from a catastrophic failure.
    (b) ER funds are not intended to supplant other funds for correction 
of preexisting, nondisaster related deficiencies.
    (c) The expenditure of ER funds for emergency repair shall be in 
such a manner so as to reduce, to the greatest extent feasible, the cost 
of permanent restoration work.
    (d) The approval to use available ER funds to repair or restore 
highways damaged by a natural disaster shall be based on the combination 
of the extraordinary character of the natural disturbance and the wide 
area of impact as well as the seriousness of the damage. Storms of 
unusual intensity occurring over a small area may not meet the above 
conditions.
    (e) ER funds shall not duplicate assistance under another Federal 
program or compensation from insurance or any other source. Partial 
compensation for a loss by other sources will not preclude emergency 
fund assistance for the part of such loss not compensated otherwise. Any 
compensation for damages or insurance proceeds including interest 
recovered by the State or political subdivision or by a toll authority 
for repair of the highway facility must be used upon receipt to reduce 
ER fund liability on the project.
    (f) Prompt and diligent efforts shall be made by the State to 
recover repair costs from the legally responsible parties to reduce the 
project costs particularly where catastrophic damages are caused by 
ships, barge tows, highway vehicles, or vehicles with illegal loads or 
where damage is increased by improperly controlled objects or events.
    (g) The processing of ER requests shall be given prompt attention 
and shall be given priority over non-emergency work.
    (h) ER projects shall be promptly constructed. Any project that has 
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.

[[Page 329]]

    (i) Permanent repair and reconstruction work, not accomplished as 
emergency repairs, shall be done by the contract method unless the State 
Highway agency adequately demonstrates that some other method is more 
cost effective as described in 23 CFR 635.204. Emergency repair work may 
be accomplished by the contract, negotiated contract or highway agency 
force account methods as determined by the Highway agency as best suited 
to protect the public health and safety.
    (j) ER program funding is only to be used to repair highways which 
have been seriously damaged and is not intended to fund heavy 
maintenance or routine emergency repair activities which should normally 
be funded as contingency items in the State and local road programs. An 
application for ER funds in the range of $700,000 or less must be 
accompanied by a showing as to why the damage repair involved is 
considered to be beyond the scope of heavy maintenance or routine 
emergency repair. As a general rule, widespread nominal road damages in 
this range would not be considered to be of a significant nature 
justifying approval by the FHWA Division Administrator for ER funding.

[52 FR 21948, June 10, 1987, as amended at 61 FR 67212, Dec. 20, 1996; 
65 FR 25444, May 2, 2000]