The primary purpose of the FHWA’s Emergency Relief Program is to fund projects to repair federal-aid highways and federal lands roads that have been damaged by natural disasters and catastrophic events. 

Supports nature-based solutions

Requires a Major Disaster Declaration

Application cycle: State Departments of Transportation initiate the ER application process by filing a notice of intent to request ER funds to the appropriate FHWA Division Office. 

Summary: Following a Major Disaster Declaration, the Federal Highway Administration (FHWA) may provide resources through the Emergency Relief (ER) Program for the repair and reconstruction of federal-aid highways and roads on federally owned lands. Eligible assets must have suffered serious damage as a result of either (1) a natural disaster over a wide area, such as a flood, hurricane, tidal wave, earthquake, tornado, severe storm, landslide, or wildfire, or (2) a catastrophic failure from any external cause (e.g., the collapse of a bridge that is struck by a barge). Only serious damage is eligible for the program, which is defined as heavy, major or unusual damage to a highway which severely impairs the safety or usefulness of the highway or results in road closure.

Eligible applicants: State and local government agencies, federal land management agencies

Eligible activities: Examples of eligible activities include emergency repairs to g roads, clearing landslides, constructing temporary road detours, erecting temporary bridges, and utilizing ferries temporarily as substitutes for highway or bridge services. Protective measures are also eligible for funding, and include raising roadway elevations, stabilizing slopes, lengthening or elevating bridges to improve waterway clearance, and adding scour protection at bridge foundations. The program specifically excludes funding for pre-existing damage or non-disaster-related issues. Improvements that mitigate future damage risk or reduce repair costs from extreme weather events, flooding, and other natural disasters are eligible.

Funding: The program is funded by a permanent authorization of $100m/year in contract authority from the Highway Account of the Highway Trust Fund, but this amount is often augmented with additional funds provided by Congress.  This additional funding makes up the majority of funding dispersed by FHWA- from FY2013 to FY2023, the permanent annual authorization has provided approximately 14% of the program’s funding, while the other 86% came from additional appropriations.

Cost share: Generally, 80% federal / 20% nonfederal, and  90%/federal/ 10% nonfederal for interstate highways.100% federal share is provided for emergency work that is accomplished in the first 270 days after the disaster occurs. 

• Filter — Needs-Based Cost Sharing: If a State’s repair costs exceed its highway funding apportionment under 23 U.S.C. 104 for the fiscal year in which the disasters or failures occurred, the federal share becomes 90%. On occasion, Congress has authorized FHWA to pay 100% of ER program expenses for repair and reconstruction projects related to particular disasters. Certain “quick release” funds are allocated to help with initial emergency repair costs and may be released prior to completion of detailed damage inspections and cost estimates.

Application process: 

• Only state agencies can request funds directly from the FHWA; if a local highway agency wishes to apply, they can do so through the State. 
• There are two methods for developing and processing a State request for ER funding: 
  • Traditional method: Once the Governor or President issues a formal declaration, the state submits a detailed request with damage reports. This process takes 6-10 weeks.
  • Quick release:  For urgent needs, the state can submit a short request letter to quickly unlock limited funding. Detailed inspections and full estimates are completed later.