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1 [1] (September 8, 2017)

handle is hein.crs/govcguy0001 and id is 1 raw text is: FF. ' riE S-' $. h ,i , September 8, 2017 After the Storm: Highway Reconstruction and Resilience In the immediate aftermath of natural disasters, such as Hurricanes Harvey and Irma, the first road recovery efforts are focused on clearing roads, establishing detours, erecting temporary bridges, and other short-term measures to get the road network up and running. However, Congress and the U.S. Department of Transportation (DOT) have encouraged that the planning for permanent repairs consider ways to make damaged road infrastructure more resilient to reduce the risk of additional damage in future disasters. DOT defines resilience as the capability to anticipate, prepare for, respond to, and recover from significant multi- hazard threats with minimum damage to social well-being, the economy, and the environment. DOT requires a risk- based analysis to be used when designing and constructing repairs to ensure they are cost effective and reduce the potential for future losses. ,eh Rle gnc ., &1 m Most major roads and bridges are part of the federal-aid highway system and are therefore eligible for disaster assistance under the Federal Highway Administration (FHWA) Emergency Relief (ER) program. (See CRS Report R43384, Emergency Relieffor Disaster-Damaged Roads and Transit Systems: In Brief.) Only repairs to roads and bridges damaged during a declared disaster or catastrophic failure are eligible for ER assistance. For disaster-damaged roads not on the federal-aid highway system, states may request reimbursement for emergency road repairs from the Federal Emergency Management Agency (FEMA). As is true with other FHWA programs, the ER program is administered through state departments of transportation in close coordination with FHWA's division offices in each state. Although ER is a federal program, it is the state that makes the decision to seek financial assistance under the program, not the federal government. Local officials must work through state departments of transportation in seeking ER assistance. Congress provides funding in two ways. The ER program has a permanent annual authorization of $100 million from the Highway Trust Fund (HTF). Because the annual costs of road repair and reconstruction following disasters usually exceed the $100 million annual authorization, the Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94) also authorizes the appropriation of additional funds on a such sums as may be necessary basis, generally accomplished in either annual or emergency supplemental appropriations legislation. Initially the program provides funds for emergency repairs to restore essential travel, minimize the extent of damage, and protect remaining facilities. Emergency repairs, if accomplished within 180 days of the declared disaster, may be reimbursed with a 100% federal share. Permanent repairs go beyond the restoration of essential traffic and are intended to restore damaged bridges and roads to conditions and capabilities comparable to those before the event. The federal share for permanent repairs on the Interstate System is 90%. For other federal-aid highways the federal share is 80%. The vast majority of ER funding is allocated for permanent repairs. Generally, where damaged parts of a road or bridge can be repaired without replacement or reconstruction, this is done. When major reconstruction or replacement is necessary, federal funding may not exceed the cost of repair or reconstruction of a comparable facility. The program is not designed to increase road capacity by, for example, adding lane capacity or building new interchanges, or to raise the elevation of a road. Such changes, which modify the function or character of a highway from what existed prior to the disaster, are referred to in the regulations as betterments. Normally these improvements would be funded under other programs that provide highway funding by formula to the states. They are an eligible use of ER funds only when they are clearly economically justified to prevent future recurring damage. States are not to use ER funds to supplant other funds for correction of preexisting, non-disaster-related deficiencies. Despite the comparable facility limitation, the program does allow some ER spending on resiliency features. FHWA's Emergency ReliefManual states that while ER funds are primarily provided for repair activities following a disaster; design and construction of repairs should consider the long-term resilience of the facility. There are generally two ways that resiliency features can be added to permanent repairs without violating the comparable facility limitation or being an ineligible betterment: Resiliency features that are consistent with current standards may be added to ER projects. Roads and bridges that were built many years ago may be brought up to current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life. Rebuilding to current standards could mean, for example, the repaired .O 'T - , gnom ggmm , q a 'S

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