1. 2019 BIA Tribal Provider’s Conference Emergency Relief for Federally Owned Roads Program (ERFO)

2. What is ER/ERFO? FHWA Emergency Relief Program (ER & ERFO)
Title 23 U.S.C., Section 125
Title 23, CFR, Part 668 – Emergency Relief Program
Subpart A: Procedures for Federal-Aid Highways (ER)
Subpart B: Procedures for Federal Agencies for Federal Roads (ERFO)

3. ER Emergency Relief for Federal-aid Highways
Administered by FHWA Fed-aid Divisions
Presidential or Governor’s Declaration
Eligible Facilities are Federal-aid Highways
Applicants are the State DOTs
Reimbursement
Normally 80% (adjusted by sliding scale)

4. ERFO Emergency Relief for Federally Owned Roads
Office of Federal Lands Highway Administers the ERFO Program
Provides program stewardship and transportation engineering services for highways and bridges that provide access to and through federal and tribal owned lands.
Approves ERFO Disasters

5. ERFO Eligible Facilities:
National Tribal Transportation Facilities (NTTFI)
National Federal Lands Transportation Facilities (NFLTFI) and other
Federally Owned Roads
Applicants are the Federal Land Management Agencies (e.g. BIA, NPS, FS)
All tribes and villages must apply through the BIA

6. FEMA: (Does not apply with ERFO Funding)
Federal Emergency Management Agency (FEMA)
Presidential Declaration under the Stafford Act
Public, Private, Tribal, Non-profit Infrastructure
All state roads including minor rural collectors and local roads
All tribal roads including roads NOT on the NTTFI (i.e. residential roads)
75% Reimbursement

8. ER/ERFO Program Intent
Repair or reconstruction of facilities seriously damaged by a
Natural disaster over a wide area or
Catastrophic failure from an external cause
Not repair of facilities affected by long-term, pre- existing conditions

9. ER/ERFO Program Definitions
Natural Disaster over a wide-area
An unusual natural occurrence which causes serious damage
Severe Storm
Earthquake
Tidal wave
Hurricane
Landslide
Flood
Federal Lands Highway Divisions analyze the severity and intensity of the natural occurrence.

10. ER/ERFO Program Thresholds
Minimum Funding Thresholds
Area-wide disaster > $700,000 in eligible repairs
Individual sites > $5,000
Catastrophic Failure > $700,000 in eligible repairs

11. ERFO Eligible Facilities
Tribal Transportation Facility
A public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and
Appears on the National Tribal Transportation Facility Inventory (NTTFI)

12. ERFO Eligible Facilities
Other Federally Owned Roads
Open to public travel
Engineered surface
Actively maintained for standard passenger vehicles

13. ERFO Applicants & Participants
Federal Land Management Agencies (BIA) are Applicants
Tribes, Counties, and States are participants and apply through a Federal Land Management Agency (BIA)
Office of Self Governance Agreement Tribes
Bureau of Indian Affairs Agreement Tribes
FHWA Agreement Tribes

14. ERFO Program Overview
Disaster Approval based on Natural Disaster/Catastrophic Failure
Total Damage repairs > $700,000
Repair disaster caused serious damage to eligible facilities
Cannot replace other programed funds
BIA is the Applicant
Tribes & Villages are participants

15. Emergency Response Emergency Repairs Begin work immediately
Prior approval is not required
Actions within first 6 months that
Restore essential traffic
Protect remaining facilities
Minimize extent of damage

16. When Disaster Strikes:
Take pictures prior to making repairs
Document cost per site
NEPA/Permits
Initiate Emergency Repairs
Call BIA Regional Office
Call WFLHD ERFO Coordinator
Steve Hinz (360)

17. Informal Notification
Internal Discussions/Information
Tribes notify BIA within 2 weeks
Dates of damage
Location of damage (NTTFI)
Description and cause of damage
Estimated cost to repair “serious” damage back to pre-disaster conditions (not heavy maintenance)
Photos of damage

18. Informal Notification
BIA ERFO Coordinator reviews damage reports
Damage location, descriptions, photos, costs
Damaged facilities (NTTFI)
BIA coordinates with the FLH Division ERFO Coordinator
Discussions with other Federal Land Management Agencies

19. Formal Notification
BIA writes formal Notice of Intent (NOI) letter within 45 days of damage
Date,
Cause,
Location, and
Estimated cost to repair damage

20. Disaster Assessment BIA provides the following
NTTFI number and damage description
Maps, photographs
Pre-Disaster Bridge Inspection Reports
Event Severity/Intensity Information
BIA and ERFO Coordinators Field Review Damage
ERFO Coord prepares Disaster Assessment Report
Documents cause, extent, severity, cost, dates
Recommends Positive or Negative Finding

21. Disaster Finding Federal Lands Highway Division Director
Positive or Negative Finding within 6 weeks of NOI
Natural Disaster over a wide area
Catastrophic Failure from an external cause
Disaster Number
Example: AK BIA
BIA Notifies
Tribes & Villages
States, counties

22. Damage Survey Reports (DSRs)
If a Positive ERFO Disaster Finding then
BIA/Tribes complete the DSR Form
Cause of damage and proposed repairs
Emergency repairs
Sketch of damage and proposed repairs
Cost Estimate with quantity calculations
Color photos and Map showing location

23. DSR Review FLH ERFO Coordinator Reviews Eligible Facility
Eligible Damage
Caused by Disaster
Not heavy maintenance/pre-existing conditions
Meets minimum threshold ($5,000)
Eligible Repair
Repair, replacement or justified Betterment
Supporting Documentation
Pictures, Bridge Insp. Report, Pavement Cond.

24. Program of Projects (POP)
The POP is the summation of all the DSRs by unit.
BIA submits POP Letter to FLH Division Director
Proposed Repair and Estimated Cost
Method of Repair
Request FLH Assistance
Funds distribution
BIA, FLH Division, TTP Office
Initial POP - 3 months after Positive Finding
All DSRs - 9 months after Positive Finding

25. POP Approval FLH Division Director Approves POP
Scope of work and estimated cost
Funds distribution
Maximum Program amount
Establishes approval conditions
Reminds BIA they need to:
Comply with 23 U.S.C.
Coordinate environmental compliance with FLH
Contracting
Submit yearly status reports

27. Funds Request –Quick Release
Emergency repair of critical facilities
Tribes notify BIA – BIA notifies FLHD
FLH Division Director recommends
Office of Federal Lands Highway
Office of Program Administration
Office of the Administrator
FHWA Administrator approves
Office of Policy and Governmental Affairs
Office of Public Affairs

28. Annual Funds Request – Traditional
Annual Funds Request (to FLH) by BIA
Tribes & Villages notify BIA of funding needs
BIA Hdq. requests funds from FLH Hdq.
BIA submits Funds Request Spreadsheet
Next FY needs by September 15
Funds are transferred to BIA Headquarters
BIA repairs damage
BIA enters into Public Law contracts with Tribal Governments
BIA and tribes responsible for S&O

29. Annual Funds Request – FHWA Agreement Tribes
Write letter to FLH Associate Administrator
Include Funds Request Spreadsheet
Limit request to current FY needs
Funds are transferred to TTP Program
Tribes and FLH AA sign ERFO addendum to PA
TTP Program transfers funds to tribe
TTP Program and tribes responsible for S&O

30. FHWA Tribe Program Agreement Addendum
Tribes accept Program Requirements
Comply with the requirements of Title 23
ERFO Requirements in general
Submit Annual Status and Unobligated
funds reports
Time Extension Requests
Track funds separately
Return funds that exceed actual cost of repair

33. Jurisdiction Determines Funding Path
BIA
Through the FLH Headquarters
Self Governance and BIA Agreement Tribes
Through the BIA
FHWA Agreement Tribes
Through the TTP Program
State and local governments (non-tribal)
Though the FLH Divisions

34. Funding Sources Use unobligated ERFO funds from other disasters
Use ERFO Funds
Use unobligated ERFO funds from other disasters
Needs approval from FLH Headquarters
Use TTP funds
Use other Funds (e.g. maintenance funds)

35. Permanent Repairs Obtain POP approval before making repairs
Must be under construction within 2-years
following the Fiscal Year of the disaster
Request Time Extensions when needed
2 Months prior to end of 2nd Fiscal Year
Track costs by site and maintain records until
the disaster is closed
Repair damage as approved on the DSR
Comply with 23 U.S.C. requirements

36. Annual Reporting Annual Disaster Status Report
Cumulative obligation/expenditure by site
Contract award, Repairs completed, Contract closed Dates
Submit by Nov 30
Unobligated Balances Report
Quarterly
End of FY reconciliation
Disaster, Fund Code
Restatement Request

38. Disaster Closeout Request/Reply
Send Request Letter to FLH Division Director
Submit final Status Report
Within 6 months of repair completion
FLH Division Director selects DSRs for an in- depth review

39. Disaster Closeout Submittal
Submit documentation for DSRs selected for the in-depth review
Documents - NEPA, Design, Permits, Contracts, Weight Tickets, Daily Diaries, Pay Notes
Accounting - Financial records, Contract records/payments, Payroll, Time Sheets, Materials, Supplies, Equipment hours

40. Disaster Closeout Review
FLH Division conducts In-Depth Review
Scope of Repairs
Timeliness
Environmental Compliance
Approval conditions
Financial Records
Actual Cost
Repairs made outside the scope of the approved repairs will not be funded

41. Reconciliation
Closeout Review establishes final Approved Program Amount (POP)
Actual documented costs to perform approved repairs
Funds Reconciliation
Funds Transferred vs Approved Program
BIA and FLH Headquarters reconciliation
FHWA Agreement Tribes and TTP reconciliation

42. Tribe & Village Roles and Responsibilities
Notify BIA of damage
Participate in Disaster Assessment and DSR preparation
Request Funds (from BIA or FLH )
Comply with Title 23 - Project Delivery
Comply with ERFO Program requirements
Manage and Document expenditure of funds

43. BIA Roles and Responsibilities
For all Tribes & Villages
Notice of Intent (NOI), Damage Survey Reports (DSRs), Program of Projects (POP) submittals
For Self Governance and BIA Agreement Tribes
DSR/POP revisions, Federal Oversight of Project Delivery, Funds Management/ Reporting, Disaster Closeout
For FHWA Agreement Tribes & Villages
POP revisions

44. Review ERFO Program Process
Tribes Notify BIA Notify FLH
FLH Approves Disaster
FLH Approves DSR and POP
Funds Requests / Funds Transfers
Annual Reporting
Funds and Status Reports
Closeout Review
Funds Reconciliation

45. Eligible Betterments
Cost effective changes that will reduce future ERFO eligible damage
Life cycle cost analysis
Cost of the betterment
Cost of future repairs with and without the Betterment
Only considers ERFO eligible costs
Consider supplementing ERFO funds to account for non- ERFO benefits
Maintenance Costs, User Costs, Environmental Impacts

48. Slide Stabilization
Not eligible unless it is an approved Betterment

49. Ineligible Items Heavy Maintenance Sites with damage less than $5,000
Prior Scheduled Work
Snow or ice removal
Emergency medical response
Mitigation/prevention prior to a disaster
Catastrophic failure from an internal cause
Pre-existing conditions

50. Additional Information
ERFO Manual and other resources available on-line
ERFO Training Available

51. Organized Village of Kasaan
2019 Catastrophic Failure
Accessing
the
Organized Village of Kasaan

52. Kasaan Slide

53. Kasaan Slide

54. Kasaan Slide

55. 2017 Flood Damaged
areas on the
Colville Reservation

56. Haley Creek Road, BIA Rt. 1165

57. Haley Creek Road, BIA Rt. 1165

58. Strawberry Mt., BIA Rt.70

59. Strawberry Mt., BIA Rt.70

60. Omak Lake Rd., BIA 69

61. Bridge & Log Jam at 21 Mile
River gage at Keller registered a three foot drop in water level between 0200 and 0215 hrs. April 9, 2017; two families were stranded behind bridge

62. E. Sanpoil Road (south washout) April 18, 2017; residences
north of damaged road

63. E. Sanpoil Road (north washout)
April 18, 2017

64. Home lost in Keller, WA. Not ERFO Eligible April 10, 2017 in snow
April 9, 2017 before collapse

65. Strawberry Creek Bridge, BIA Rt. 1025
April 10, 2017
Okanogan County, FLH

66. West Fork: Gold Creek Bridge, HWY 21
Reported on April 8, 2017

67. Westfork: Gold Creek Bridge
Temporary one-lane bridge in place until full bridge replacement can happen
WSDOT FUNDED

68. Any further questions contact:
Steven F. Hinz, P.E. ERFO & Tribal Transportation Program Manager Western Federal Lands Highway Division 610 East Fifth Street Vancouver , Washington Work: