[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: 23CFR668.205]

[Page 332-333]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 668_EMERGENCY RELIEF PROGRAM--Table of Contents
 
       Subpart B_Procedures for Federal Agencies for Federal Roads
 
Sec. 668.205  Policy.

    (a) This emergency relief program is intended to pay the unusually 
heavy

[[Page 333]]

expenses in the repair and reconstruction of Federal roads resulting 
from damage caused by natural disasters over a wide area or catastrophic 
failures.
    (b) Emergency relief work shall be given prompt attention and 
priority over non-emergency work.
    (c) Permanent work shall be done by contract awarded by competitive 
bidding through formal advertising, where feasible.
    (d) It is in the public interest to perform emergency repairs 
immediately and prior approval or authorization from the DFDE is not 
required. Emergency repairs may be performed by the method of 
contracting (advertised contract, negotiated contract, or force account) 
which the applicant or the Federal Highway Administration (FHWA) (where 
FHWA performs the work) determines to be most suited for this work.
    (e) Emergency relief projects shall be promptly constructed. 
Projects not under construction by the end of the second fiscal year 
following the year in which the disaster occurred will be reevaluated by 
the DFDE and will be withdrawn from the approved program of projects 
unless suitable justification is provided by the applicant to warrant 
retention.
    (f) The Finding for natural disasters will be based on both the 
extraordinary character of the natural disturbance and the wide area of 
impact. Storms of unusual intensity occurring over a small area do not 
meet these conditions.
    (g) Diligent efforts shall be made to recover repair costs from the 
legally responsible parties to reduce the project costs where highway 
damages are caused by ships, barge tows, highway vehicles, vehicles with 
illegal loads, and similar improperly controlled objects or events.
    (h) Emergency funds shall not duplicate assistance under another 
Federal program or compensation from insurance or any other source. 
Where other funding compensates for only part of an eligible cost, 
emergency relief funding can be used to pay the remaining costs.

[43 FR 59485, Dec. 21, 1978, as amended at 47 FR 10529, Mar. 11, 1982]