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United States Government Accountability Office: 
GAO: 

Report to the Subcommittee on Transportation, Housing and Urban 
Development, and Related Agencies, Committee on Appropriations, House 
of Representatives: 

November 2011: 

Highway Emergency Relief: 

Strengthened Oversight of Project Eligibility Decisions Needed: 

GAO-12-45: 

GAO Highlights: 

Highlights of GAO-12-45, a report to the Subcommittee on 
Transportation, Housing and Urban Development, and Related Agencies, 
Committee on Appropriations, House of Representatives. 

Why GAO Did This Study: 

The Federal Highway Administration (FHWA), within the U.S. Department 
of Transportation (DOT), administers the Emergency Relief Program to 
provide funds to states to repair roads damaged by natural disasters 
and catastrophic failures. In 2007, GAO reported that in recent years 
states’ annual demand for emergency relief funds often exceeded the 
program’s $100 million annual authorization from the Highway Trust 
Fund and required supplemental appropriations from general revenues to 
address a backlog of funding requests from states. GAO recommended 
that FHWA tighten eligibility standards and coordinate with states to 
withdraw unneeded emergency relief funds, among other actions. For 
this report, GAO reviewed (1) Emergency Relief Program funding trends 
since 2007, (2) key program changes made in response to GAO’s 2007 
report, and (3) the extent to which selected emergency relief projects 
were approved in compliance with program eligibility requirements. GAO 
reviewed projects in New York, Texas, and Washington state, states 
selected based on the amount and frequency of funding allocations 
since 2007, among other factors. 

What GAO Found: 

From fiscal years 2007 through 2010, the Emergency Relief Program 
received about $2.3 billion, of which $1.9 billion came from three 
supplemental appropriations compared with about $400 million 
authorized from the Highway Trust Fund. FHWA allocated this funding to 
42 states and 3 territories to reduce the backlog of funding requests, 
with $485 million in unfunded requests remaining as of June 2011. This 
backlog list did not include funding requests for August 2011 damages 
from Hurricane Irene. Because the program lacks time frames to limit 
states from requesting funds years after events occur, the June 2011 
backlog list includes about $90 million for events that occurred prior 
to fiscal year 1994. Without time limits for emergency relief funding 
requests, FHWA’s ability to anticipate and manage future program costs 
is hindered. 

In response to GAO’s 2007 report, FHWA withdrew about $367 million of 
unobligated emergency relief funds from states and redistributed most 
of this funding for other emergency relief needs. However, additional 
funding remains unused, including (1) at least $63 million allocated 
to states before fiscal year 2007 that has yet to be obligated to 
projects and (2) $341 million obligated between fiscal years 2001 and 
2006 that remains unexpended. Due to a lack of time frames for states 
to close-out completed projects, FHWA lacks project status information 
to determine whether unexpended funding is no longer needed and could 
be deobligated. FHWA has not addressed GAO’s 2007 recommendation to 
revise its regulations to limit the use of emergency relief to fully 
fund projects that have grown in scope and cost as a result of 
environmental or community concerns. The Emergency Relief Program 
faces the continued risk of escalating costs due to projects that have 
grown in scope beyond the program’s goal of restoring damaged 
facilities to predisaster conditions. 

GAO’s review of 83 emergency relief project files in three FHWA state 
offices found many instances of missing or incomplete documentation-—
as such, GAO was unable to determine the basis by which FHWA made many 
eligibility determinations. For example, about half of the project 
files did not include required repair cost estimates, and 39 of 58 (67 
percent) emergency repair projects approved for 100 percent federal 
funding did not contain documentation of completion within 180 days—a 
requirement for states to receive 100 percent federal funding. FHWA 
lacks clear requirements for how states submit and FHWA approves key 
project documentation, which has resulted in FHWA state offices 
applying eligibility guidelines differently. Establishing standardized 
procedures for reviewing emergency relief documentation and making 
eligibility decisions would provide greater assurance that projects 
are in fact eligible and that FHWA makes eligibility determinations 
consistently and transparently. 

Table: Instances of Missing or Incomplete Emergency Relief Project 
Documentation: 

GAO-identified areas of concern regarding eligibility: Missing or 
incomplete detailed damage inspection reports; 
Instances: 47 of 83. 

GAO-identified areas of concern regarding eligibility: Missing repair 
cost estimates; 
Instances: 42 of 83. 

GAO-identified areas of concern regarding eligibility: Missing or 
incomplete dates for 100 percent federal funding projects; 
Instances: 39 of 58. 

GAO-identified areas of concern regarding eligibility: Missing 
documentation for specific improvements; 
Instances: 6 of 15. 

Source: GAO analysis of Emergency Relief Project documentation in 
three FHWA state offices. 

[End of table] 

What GAO Recommends: 

GAO makes several recommendations including that FHWA establish (1) 
time frames to limit states’ requests for emergency relief funds and 
to close completed projects and (2) standardized procedures for 
reviewing emergency relief documentation and making eligibility 
decisions. DOT provided technical comments on project time frames and 
costs which GAO incorporated as appropriate. 

View [hyperlink, http://www.gao.gov/products/GAO-12-45] or key 
components. For more information, contact Phillip R. Herr at (202) 512-
2834 or herrp@gao.gov 

[End of section] 

Contents: 

Letter: 

Background: 

Supplemental Appropriations Comprise Most Emergency Relief Funding 
Provided to States, and a Backlog of Funding Requests Remains: 

FHWA's Program Revisions Have Not Fully Addressed Prior Concerns: 

Incomplete Information in Emergency Relief Project Files in Three 
States Raises Concerns about FHWA's Eligibility Decisions and Program 
Oversight: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Summary of Emergency Relief Funding for Projects at 
Devils Lake, North Dakota: 

Appendix III: Results of GAO's File Review of Emergency Relief Project 
Documentation Available in Three FHWA Division Offices: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Types of Projects Receiving State Oversight versus FHWA 
Oversight: 

Table 2: Emergency Relief Program Obligations and Expenditures, Fiscal 
Years 2001 through 2006: 

Table 3: Instances of Missing or Incomplete Project Documentation: 

Figures: 

Figure 1: Examples of Emergency and Permanent Repairs: 

Figure 2: Emergency Relief Project Processes and Areas of 
Responsibility: 

Figure 3: Total Emergency Relief Program Funding, Fiscal Years 2007 
through 2010: 

Figure 4: Emergency Relief Allocations by State, Fiscal Years 2007 
through 2010: 

Figure 5: Unobligated Emergency Relief Allocations Withdrawn from 
States since 2007 by the Fiscal Year in Which the Events Occurred: 

Figure 6: Results of GAO's File Review of Emergency Relief Projects in 
Three FHWA Division Offices: 

Abbreviations: 

Caltrans: California Department of Transportation: 

DDIR: detailed damage inspection report: 

DOT: U.S. Department of Transportation: 

FHWA: Federal Highway Administration: 

FMIS: Fiscal Management Information System: 

SAFETEA-LU: Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users: 

S.R.1: State Route 1: 

TXDOT: Texas Department of Transportation: 

WSDOT: Washington State Department of Transportation: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

November 8, 2011: 

The Honorable Tom Latham: 
Chairman: 
The Honorable John W. Olver: 
Ranking Member: 
Subcommittee on Transportation, Housing and Urban Development, and 
Related Agencies: 
Committee on Appropriations: 
House of Representatives: 

In recent years, many states have experienced natural disasters, such 
as hurricanes, floods, and storms, which have caused catastrophic 
damage to transportation infrastructure and overwhelmed the capacity 
of state and local governments to respond and recover. Reconstruction 
after these events can cost taxpayers billions of dollars. As part of 
the continuing federal role in responding to and recovering from 
natural disasters and similar events, the Federal Highway 
Administration (FHWA), within the U.S. Department of Transportation 
(DOT), administers the Emergency Relief Program which provides funding 
to repair or reconstruct federal-aid highways and roads on federal 
lands damaged or destroyed by natural disasters and other catastrophic 
events.[Footnote 1] 

Since 1972, Congress has authorized $100 million annually in contract 
authority for FHWA's Emergency Relief Program to be paid from the 
Highway Trust Fund.[Footnote 2] However, in recent years the Highway 
Trust Fund has not been the only source of funds for the Emergency 
Relief Program. The $100 million annual authorization of contract 
authority has remained constant since 1972, and due to inflation, it 
has declined in real value. States' need for assistance from fiscal 
years 1998 through 2006 consistently exceeded the $100 million annual 
authorization of contract authority, resulting in a backlog of funding 
requests that reached $740 million in 2004. As a result, the program 
has relied on supplemental appropriations for 86 percent of its 
funding from fiscal years 1998 through 2006.[Footnote 3] In past 
years, supplemental appropriations were drawn from the Highway Trust 
Fund. However, with the enactment of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
in August 2005, Congress authorized additional necessary funding for 
the Emergency Relief Program in excess of the $100 million annual 
contract authority to be appropriated from general revenues.[Footnote 
4] 

In our 2007 report, we identified a significant fiscal imbalance 
between available funds and eligible projects in the Emergency Relief 
Program.[Footnote 5] We found that FHWA was not recapturing or 
redistributing unused Emergency Relief Program allocations to states 
with immediate program needs, as specified in FHWA's program guidance. 
We also raised concerns about the use of emergency relief funds to 
fully finance projects whose scope and costs had grown as a result of 
environmental and community concerns. We made several recommendations 
to FHWA to improve its management, including ensuring that unneeded 
emergency relief allocations were withdrawn on a timely basis so the 
backlog of unfunded requests could be addressed, and to revise program 
regulations to tighten the eligibility criteria for emergency relief 
funding, among other recommendations. 

As requested and in light of these concerns, this report reviews (1) 
FHWA Emergency Relief Program funding trends since our 2007 report, 
(2) key changes to the Emergency Relief Program implemented in 
response to concerns raised in our 2007 report, and (3) the extent to 
which selected emergency relief projects were approved in compliance 
with program eligibility requirements. 

To identify Emergency Relief Program funding trends and key changes 
made to the program since our 2007 report, we reviewed federal 
statutes, including supplemental appropriation acts, and FHWA data on 
emergency relief allocations to states from fiscal years 2007 through 
2010. Our scope of work did not include any Emergency Relief Program 
activities in response to Hurricane Irene, which occurred in August 
2011. We also reviewed and analyzed financial data from FHWA's fiscal 
management information system (FMIS) on emergency relief allocations 
and obligations to states as of May 31, 2011, as well as funds that 
were obligated to and expended by states for events occurring from 
fiscal years 2001 through 2010. We reviewed the procedures used by 
FHWA to enter and verify data into FMIS, and we found the data to be 
sufficiently reliable for our purposes. We also reviewed FHWA 
Emergency Relief Program regulations and guidance, including FHWA's 
Emergency Relief Manual as revised in 2009. We interviewed FHWA 
officials in the Office of Program Administration to determine why and 
how specific changes were made to the program. 

To determine the extent to which selected emergency relief projects 
were approved in compliance with program eligibility requirements, we 
reviewed federal statutes, regulations, and FHWA guidance on emergency 
relief eligibility requirements and examined a sample of emergency 
relief project files in three FHWA division offices. We selected a 
nongeneralizable sample of 88 emergency relief project files from FHWA 
division offices in three states--New York, Texas, and Washington 
state--to demonstrate the range of practices and projects that the 
Emergency Relief Program funds across the country. Five of the 88 
projects in our review had been withdrawn by states because, in part, 
FHWA had determined them ineligible for emergency relief funds, 
bringing the total number of projects reviewed to 83. We selected New 
York, Texas, and Washington state because they were among the states 
receiving the most funding allocations from fiscal years 2007 through 
2010, among other factors. We chose the files according to several 
criteria, including a criterion to examine a mix of active and closed 
projects that were obligated more than $1 million in emergency relief 
funds. Prior to our site visits, we requested that the division 
offices provide all documentation they maintain for each of the 
projects selected in our sample, which represented approximately 67 
percent of all emergency relief funds that FHWA obligated to those 
states during that time period. We reviewed all the documentation 
provided during our site visits, and requested follow-up information 
as necessary. To gather additional information on the project files, 
we reviewed the procedures used to manage and oversee emergency relief 
projects and interviewed officials in the FHWA division offices and 
state departments of transportation for all three states. We provided 
the results of our file review to FHWA for their comment and 
incorporated their responses as appropriate. 

We conducted this performance audit from November 2010 to November 
2011 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. Appendix I 
provides a more detailed description of our scope and methodology. 

We provided a copy of this report to DOT for review and comment. DOT 
officials provided technical comments by e-mail, including information 
on Emergency Relief Program time frames and growth of project costs. 
We incorporated this information into the draft as appropriate. 

Background: 

The Emergency Relief Program, authorized by section 125 of title 23 of 
the U.S. Code, provides assistance to repair or reconstruct federal-
aid highways and roads on federal lands that have sustained serious 
damage from natural disasters or catastrophic failures. Congress has 
provided funds for this purpose since at least 1938. Examples of 
natural disasters include floods, hurricanes, earthquakes, tornadoes, 
tsunamis, severe storms, and landslides. Catastrophic failures qualify 
if they result from an external cause that leads to the sudden and 
complete failure of a major element or segment of the highway system 
that has a disastrous impact on transportation. Examples of qualifying 
causes of catastrophic failures include acts of terrorism or incidents 
such as a barge striking a bridge pier causing the sudden collapse of 
the structure or a truck crash resulting in a fire that damages the 
roadway. For natural disasters or other events to be eligible for 
emergency relief funding, the President must declare the event to be 
an "emergency" or a "major disaster" under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act[Footnote 6] or the 
governor must declare an emergency with the concurrence of the 
Secretary of Transportation.[Footnote 7] 

Since 1972, Congress has authorized $100 million annually in contract 
authority for the Emergency Relief Program to be paid from the Highway 
Trust Fund. Accordingly, FHWA may obligate up to $100 million in any 
one fiscal year for the program. Any unobligated balance remains 
available until expended.[Footnote 8] 

Additionally, obligations to a single state resulting from a single 
natural disaster or a single catastrophic failure may not exceed $100 
million.[Footnote 9] In some cases, Congress has enacted legislation 
lifting this cap for large-scale disasters. Moreover, as provided in 
FHWA's regulations, states are eligible for assistance under the 
Emergency Relief Program if the cost of the damage from a single event 
exceeds $700,000 for emergency assistance.[Footnote 10] The $700,000 
threshold includes the damage cost for all sites in any state affected 
by the disaster. According to FHWA guidance, each prospective damage 
site must have at least $5,000 of repair costs to qualify for funding 
assistance--a threshold intended to distinguish unusually large 
expenses eligible for emergency relief funding from costs that should 
be covered by normal state maintenance funding. 

The Emergency Relief Program's authorizing statute and FHWA's 
regulations and guidelines distinguish between emergency and permanent 
repairs. Emergency repairs are made during and immediately following a 
disaster to quickly restore essential highway traffic service, 
minimize the extent of damage, or protect remaining facilities, 
including removing debris and constructing detours and temporary 
roadway surfaces. Permanent repairs are undertaken, normally after 
emergency repairs have been completed, to restore seriously damaged 
highway facilities to predisaster conditions. In some instances, such 
as the destruction of a bridge, complete replacement may be needed. In 
these cases, the bridge would be rebuilt to current design 
standards[Footnote 11] (see figure 1 for photographs of typical 
emergency and permanent repair examples). 

Figure 1: Examples of Emergency and Permanent Repairs: 

[Refer to PDF for image: 2 photographs] 

Emergency repair example: debris removal; 
Permanent repair example: bridge replacement. 

Source: FHWA Washington state and Texas division offices. 

[End of figure] 

The Emergency Relief Program may fund up to 100 percent of emergency 
repair project costs incurred within the first 180 days following an 
eligible disaster.[Footnote 12] The program funds permanent repair 
projects and emergency repair project costs after the first 180 days 
at the percentage normally provided for work on that type of federal-
aid highway.[Footnote 13] For example, the federal share for 
interstate highway projects is 90 percent of the cost, and the federal 
share for most other federal projects is 80 percent.[Footnote 14] 
Also, construction on permanent repairs must begin by the end of the 
second fiscal year following the year in which the disaster 
occurred;[Footnote 15] however, FHWA may grant time extensions for 
projects needing extensive environmental evaluation, litigation, or 
complex right-of-way. In addition, the program is not intended to pay 
for "betterments," projects that change the function or character of 
the highway facility, such as expanding road capacity. However, FHWA 
may determine that betterments are eligible for program funding if 
they pass a benefit-cost test that weighs their cost against the 
prospective cost to the Emergency Relief Program for potentially 
chronic future repairs. 

Figure 2 shows processes and areas of responsibilities for the 
Emergency Relief Program. 

Figure 2: Emergency Relief Project Processes and Areas of 
Responsibility: 

[Refer to PDF for image: illustration] 
  
Process: 1. State DOT submits letter of intent and governor's 
proclamation to FHWA division office[A]; 
Time frame: During or immediately after the disaster occurrence. 

Process: 2. Following FHWA's acknowledgment of the letter of intent, 
the state DOT conducts initial damage assessments; FHWA may assist as 
resources allow; 
Time frame: Within the first 2-3 weeks following the disaster 
occurrence.   

Process: 3. If infeasible during the initial damage assessments, the 
state DOT conducts detailed damage inspections of project sites; FHWA 
may assist with assessments as resources allow; 
Time frame: Within the first 6-10 weeks following the disaster 
occurrence. 
  
Process: 4. State DOT submits documentation of all damage inspections 
to FHWA; 
Time frame: Within 3 months following FHWA's finding that the event 
was emergency relief-eligible. 
 
Process: 5. FHWA reviews damage assessment documentation to determine 
project eligibility: 
* FHWA may request additional documentation or conduct additional site 
visits; 
Time frame: Within 1-2 weeks of receipt of the documentation of 
damages. 
 
Process: 6. FHWA approves eligible projects and obligates funds; 
emergency repairs continue and permanent repairs begin: 
* If project costs or scope change, state DOT may request to modify 
project agreement and submit documentation for significant changes to 
FHWA for review; 
* Inactivity or failure to advance a project may prompt FHWA action, 
including withholding of funding and deobligation of funds; 
Time frame: Emergency repairs must be completed within 180 days to 
qualify for 100 percent federal funding. Emergency work to open the 
site to traffic should be completed within one month of accessibility 
to the site under normal circumstances. Permanent work must advance to 
construction by the second fiscal year following the disaster 
occurrence, but extensions can be granted in one year increments. 
 
Process: 7. Projects are completed and the state DOT conducts final 
inspections: 
* FHWA reserves the right to conduct final inspections on all projects; 
Time frame: State DOTS should submit final bills to FHWA promptly 
after final inspections. 
 
Process: 8. FHWA reimburses the state DOT for the federal share of the 
cost of the completed work. 

Source: GAO analysis of FHWA information. 

[A] A governor's declaration is not required if the President has 
declared the event to have been an emergency or major disaster under 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 

[End of figure] 

FHWA division offices located in each state review applications for 
emergency relief submitted by the state departments of transportation 
and decide the eligibility of emergency relief projects. Once the 
division office determines that an event is eligible for funding, it 
requests an emergency relief allocation from FHWA's Office of Program 
Administration, which manages the allocation of emergency relief to 
division offices.[Footnote 16] If funding is not immediately 
available, the request is added to a nationwide list of funding 
requests, known as the emergency relief backlog list, which is used to 
apprise Congress of states' requests for funding for specific events. 
As funding becomes available for obligation--either through the 
program's $100 million annual authorization of contract authority or 
through a supplemental appropriation from Congress--FHWA enters into a 
project agreement for individual projects formalizing the conditions 
of its project approval and incurs obligations, based on the damage 
estimates prepared by states and approved by FHWA.[Footnote 17] 

As with other federal-aid highway programs, FHWA reimburses the states 
for emergency relief work as that work is completed and invoiced. If 
emergency relief funding is not immediately available for emergency 
relief work, FHWA may obligate other available transportation funds 
[Footnote 18] as may be necessary for the immediate execution of 
emergency relief work and reimburse any funds actually expended once 
emergency relief funds become available.[Footnote 19] Because 
estimates are based on circumstances existing at the time funds are 
obligated, more funding is sometimes obligated than is ultimately 
needed. FHWA may deobligate unexpended funds which will not be needed 
by states, increasing the amount of funds available for obligation for 
use for other projects. 

The level of FHWA's oversight in the design and construction of 
federal-aid projects, including emergency relief, is determined by the 
classification of the roadway. Since the passage of the Intermodal
Surface Transportation Efficiency Act in 1991,[Footnote 20] states 
have been allowed to assume an increased amount of oversight 
responsibility for the design and construction of federal-aid 
projects. However, this expanded authority does not diminish FHWA’s 
responsibility to determine whether projects are eligible for federal 
funds or ensure that federal funds are efficiently and effectively 
managed. States are primarily responsible for oversight of federal-aid 
highway projects, including emergency relief, on federal-aid highways 
that are off the National Highway System—which represent approximately 
83 percent of the nation’s road miles. In addition, states may assume 
responsibility for National Highway System projects not on the 
Interstate Highway System.[Footnote 21] State departments of 
transportation may approve design plans and estimates and conduct 
project inspections to ensure the completion of emergency relief 
projects, among other things. FHWA exercises full oversight 
responsibility for many projects on the Interstate Highway System, as 
shown in table 1.[Footnote 22] 

Table 1: Types of Projects Receiving State Oversight versus FHWA 
Oversight: 

Type of project: Federal-aid highways off the National Highway System; 
Mileage: 798,000; 
Design and construction oversight: State assumes oversight 
responsibilities for design, plans, specifications, estimates, 
contract awards, and inspection of projects; 
Exceptions: State determines state oversight is not appropriate. 

Type of project: National Highway System, non-Interstate routes; 
Mileage: 115,000; 
Design and construction oversight: State may assume the oversight 
responsibilities for design, plans, specifications, estimates, 
contract awards, and inspections of projects; 
Exceptions: State or FHWA determines state oversight is not 
appropriate. 

Type of project: National Highway System, Interstate routes; 
Mileage: 47,000; 
Design and construction oversight: FHWA exercises full oversight 
responsibilities to (1) prescribe design and construction standards, 
(2) approve design plans and estimates, (3) approve the selection of 
the contract award, (4) inspect the progress of construction, and (5) 
render final acceptance on projects when they are completed; 
Exceptions: Certain types of projects, or projects below a dollar 
threshold, where FHWA and state have agreed state oversight is 
appropriate. 

Source: GAO analysis. 

[End of table] 

Although FHWA administers the Emergency Relief Program in the same 
manner as the regular federal-aid highway program, there are important 
differences between the two. The regular program derives revenues from 
highway users and funding is provided on a multiyear basis through 
formulas designed to ensure that each state receives its "fair share" 
based on estimated contributions to the Highway Trust Fund. Since the 
passage of SAFETEA-LU, a majority of emergency relief funds, as we 
have reported, have derived from general revenues, for expenses that 
for the most part cannot be planned for, and states compete for 
funding based on need. While formula funding for the regular federal-
aid highway program is limited by amounts annually apportioned to the 
states, any emergency relief funds that a state receives are in 
addition to such apportionments. And while regular federal-aid program 
projects require a state to match its federal funding amount, 
emergency repair projects may qualify for 100 percent federal funding. 

Our 2007 report identified concerns regarding FHWA's financial 
oversight of the Emergency Relief Program and the program's 
eligibility criteria and made several recommendations to FHWA. 
[Footnote 23] 

* First, we found that FHWA was not routinely recapturing all unused 
program funds allocated to states--including unused unobligated 
emergency relief funds as well as unexpended obligated funds--that 
were not needed for eligible projects. This contributed to a situation 
in which states with immediate disaster needs were placed on the 
backlog list of states requesting funds, while states with no current 
disaster needs retained their allocations.[Footnote 24] We therefore 
recommended that FHWA division offices annually coordinate with states 
to identify unused emergency relief funds and withdraw any unneeded 
amounts. Funds in excess of any outstanding need, if any, would be 
identified to Congress for rescission or to reduce future 
appropriations. 

* Second, we expressed concern that the scope of eligible activities 
had expanded in recent years as a result of congressional waivers or 
FHWA rulemaking to revise eligibility criteria. As a result, emergency 
relief funds were being used to fully finance projects that had 
expanded in scope and costs beyond the typical emergency relief 
project. To address this concern, we recommended that FHWA tighten the 
eligibility criteria for funding, which could include limitations on 
the use of emergency relief funds to fully finance projects that grew 
in scope and costs as a result of environmental and community concerns. 

* Third, we noted that the lack of a standard definition of what 
constitutes an eligible damage site might allow many smaller costs to 
be charged against the program and recommended that FHWA clarify its 
program manual to better define an eligible site. 

Supplemental Appropriations Comprise Most Emergency Relief Funding 
Provided to States, and a Backlog of Funding Requests Remains: 

From Fiscal Years 2007 through 2010, Congress Provided More than $2.3 
Billion for Emergency Relief Events and to Address a Backlog of 
Unfunded Requests: 

From fiscal years 2007 through 2010, Congress provided more than $2.3 
billion to the Emergency Relief Program, including more than $1.9 
billion in three supplemental appropriations from general revenues and 
about $400 million in contract authority paid from the Highway Trust 
Fund (see figure 3). The supplemental appropriations represented 83 
percent of the program's funding over that time period. This 
percentage has been fairly consistent over time: 86 percent of the 
total Emergency Relief Program funding provided from fiscal years 1990 
through 2006 came from supplemental appropriations.[Footnote 25] 

Figure 3: Total Emergency Relief Program Funding, Fiscal Years 2007 
through 2010: 

[Refer to PDF for image: pie-chart] 

Total annual authorizations: 17%; $402 million[A]; 
Supplemental appropriations: 83%; $1.9 billion; 
May 2007: $871 million[B]; 
December 2007: $195 million[C]; 
September 2008: $850 million[D]. 

Source: GAO analysis. 

[A] In fiscal year 2007, FHWA received almost $102 million in contract 
authority rather than the typical $100 million. The additional $2 
million was the Emergency Relief Program's share of additional budget 
authority provided to all highway programs to align total highway 
budget authority with revised revenue from the Highway Trust Fund for 
that year. 

[B] U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007, Pub. L. No. 110-28, title IV, 
ch. 8, 121 Stat. 112, 160 (2007). 

[C] Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, div. 
K, title I, 121 Stat. 1844, 2384 (2008). 

[D] Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009, Pub. L. No. 110-329, div. B, title I, ch. 
10, 122 Stat. 3574, 3598 (2008). 

[End of figure] 

Two of the supplemental appropriations that Congress provided to the 
Emergency Relief Program since fiscal year 2007 were used to address 
the backlog of unfunded emergency relief requests from states. In May 
2007, Congress provided $871 million[Footnote 26] to help clear a 
backlog of $736 million in funding requests from 46 states. In 
September 2008, when the backlog list reached more than $560 million, 
Congress provided $850 million to address this backlog and provide 
additional funds for future requests.[Footnote 27] In December 2007, 
Congress provided $195 million for the reconstruction of the 
Interstate 35 West Bridge in Minnesota.[Footnote 28] 

FHWA has allocated all of the $2.3 billion provided to the program 
since fiscal year 2007, as well as an additional $100 million carried 
over from previously provided program funding, among 42 states and 
three territories.[Footnote 29] Sixty-five percent of the allocations 
(almost $1.6 billion) went to six states--California, Louisiana, 
Minnesota, North Dakota, Texas, and Washington state (see figure 4). 
California received almost $538 million, the most of all states, and 
most of this was a result of the 2005-2006 winter storms. Washington 
state was allocated almost $166 million in response to 10 events 
ranging from a single event estimated to cost $1 million to about $58 
million to respond to flooding caused by severe rains in December 2007. 

Figure 4: Emergency Relief Allocations by State, Fiscal Years 2007 
through 2010: 

[Refer to PDF for image: illustrated U.S. map] 

$0: 
Delaware: 
District of Columbia: 
Idaho: 
Maryland: 
Montana: 
Nebraska: 
Utah: 
Virginia: 
Wyoming: 

$1 to 10 million: 
Connecticut: 
Kansas: 
Maine: 
Massachusetts: 
Missouri: 
Nevada: 
New Hampshire: 
New Jersey: 
New Mexico: 
North Carolina: 
Pennsylvania: 
Rhode Island: 
South Carolina: 
South Dakota: 
Tennessee: 
Vermont: 
West Virginia: 

$10,000,001 to $25 million: 
Alabama: 
Alaska: 
Arkansas: 
Colorado: 
Florida: 
Georgia: 
Illinois: 
Indiana: 
Michigan: 

$25,000,001 to $50 million: 
Iowa: 
Kentucky: 
Oklahoma: 
Wisconsin: 

$50,000,001 to $100 million: 
Arizona: 
Hawaii: 
Mississippi: 
New York: 
Ohio: 
Oregon: 

More than $100 million: 
California: 
Louisiana: 
Minnesota: 
North Dakota: 
Texas: 
Washington: 

Sources: GAO analysis of FHWA data; Map Resources (map). 

Note: The three territories that were provided allocations from fiscal 
years 2007 through 2010 were American Samoa ($23 million), Puerto Rico 
($20 million), and U.S. Virgin Islands ($730,591). 

[End of figure] 

In our 2007 report we noted that Congress has, on occasion, expanded 
Emergency Relief Program eligibility criteria and increased the amount 
of program funding to respond to specific disasters.[Footnote 30] For 
example we noted that Congress directed the Emergency Relief Program 
to fund 100 percent of all repair and reconstruction of highways, 
roads, and bridges necessitated by Hurricanes Katrina, Rita, and 
Wilma, because the states' resources were inadequate to deal with the 
string of disasters.[Footnote 31] From fiscal years 2007 through 2010, 
FHWA allocated about $484 million in emergency relief in response to 
two events--one in Minnesota and one in North Dakota. 

* Collapse of the Interstate 35 West Bridge in Minneapolis, Minnesota. 
Since 2007, FHWA allocated about $373 million[Footnote 32] for the 
reconstruction and repair of an 8-lane, 1,900 foot bridge spanning the 
Mississippi River which collapsed on August 1, 2007, killing 13 people 
and injuring 145 others.[Footnote 33] Five days after the disaster, 
Congress passed legislation that authorized the use of emergency 
relief funds for the repair and reconstruction of the bridge, waived 
the $100 million limitation on emergency relief obligations, and 
established a 100 percent federal share for all repair costs for the 
project.[Footnote 34] 

* Basin flooding of roadways at Devils Lake, North Dakota. Since 
fiscal year 2007, North Dakota was allocated more than $111 million in 
emergency relief funding for projects associated with Devils Lake--a 
large natural basin that lacks an outlet for rising water to flow out 
of the lake. Starting in the early 1990s, the lake level has risen 
dramatically, threatening adjacent roadways. Although Emergency Relief 
Program regulations define a natural disaster as a sudden and unusual 
natural occurrence, FHWA determined that the gradual and predictable 
basin flooding at Devils Lake is eligible for Emergency Relief Program 
funding.[Footnote 35] In 2005, through SAFETEA-LU, Congress authorized 
up to $10 million of Emergency Relief Program funds to be expended 
annually, up to a total of $70 million, to address an additional 
problem at Devils Lake and make repairs to certain roads which were 
impounding water and acting as dams.[Footnote 36] In the absence of 
other authority, this funding must come out of the $100 million annual 
authorization of contract authority, effectively reducing the annual 
emergency relief funding available to other states. As of March 2010, 
the Emergency Relief Program has provided more than $256 million for 
projects related to Devils Lake flooding.[Footnote 37] 

Emergency Relief Faces Risk from Escalating Costs of Events Occurring 
in Past Years: 

In recent years, Congress has provided significant supplemental 
funding to the Emergency Relief Program, but as of June 2011, a $485 
million backlog of funding requests from states remained. This backlog 
did not include funding requests for August 2011 damages from 
Hurricane Irene. The backlog list provides a snapshot of states' 
funding requests at a given time and is subject to change as states 
experience new eligible events. According to guidance in FHWA's 
Emergency Relief Manual, requested amounts are based on the states' 
anticipated need for emergency relief for the current fiscal year and 
may be less than the total emergency relief needs for any specific 
event. 

The June 2011 backlog list contained almost $90 million in formal 
funding requests for several events that occurred between 1983 and 
1993 that were previously determined to be eligible by FHWA. 
Specifically, California requested almost $83 million for a single, 
long-term project in response to a 1983 rockslide, known as Devil's 
Slide, and an additional $6.5 million for four other events from 
fiscal years 1990 through 1993. According to FHWA, these requests are 
for approved emergency relief events with projects that have had 
delays due to environmental issues or cost overruns. 

Once an event has been approved for emergency relief by FHWA, current 
program rules do not establish a time limit in which states must 
submit all funding requests for repairs. Although FHWA requires states 
to submit a list of projects within three months of approving a 
state's application for emergency relief,[Footnote 38] eligibility 
stemming from an approved event does not lapse, and a state's list of 
projects may be amended at any time to add new work. Consequently, 
FHWA faces the risk of receiving reimbursement requests from states 
for projects years after an event occurs, including requests for 
projects that have experienced significant delays and cost increases 
over time, due to environmental or community concerns. The June 2011 
backlog list included project funding requests for two events that 
occurred more than 10 years ago and which demonstrate FHWA's risk of 
escalating long-term costs due to older events. 

Devil's Slide tunnel for State Route 1 in California. Total costs 
estimated to be more than $631 million in emergency relief funds 
resulted from the ongoing construction of a tunnel in response to a 
1983 landslide in California. The Devil's Slide area in California is 
an unstable cliff formation on the Pacific coast near San Francisco 
that is subject to reoccurring rock slides onto State Route 1 (S.R.1). 
Following a major landslide over the winter of 1983 that closed S.R.1 
for 3 months, the California Department of Transportation (Caltrans) 
began to pursue the idea of relocating S.R.1 away from the slide area. 
The project required a comprehensive environmental impact study, which 
took several years to complete. The study was subsequently challenged 
in U.S. District Court, which delayed construction for several more 
years and resulted in an additional environmental review. As we 
reported in 2007, in the years that passed since the original 
environmental impact study, community attitudes shifted in favor of 
relocating S.R.1 by way of a tunnel through the mountain behind 
Devil's Slide so that S.R.1 would not be affected by future rock 
slides. In 1998, Congress declared the Devil's Slide project to be 
eligible for emergency relief[Footnote 39] and, after an additional 
environmental review, the tunnel alternative was selected in 2002 and 
construction of a pair of 4,200-foot-long, 30-foot-wide tunnels began 
in 2006--23 years after the originating emergency relief event. 

Construction of the tunnel is ongoing, with a planned completion in 
March 2013. To date, FHWA has obligated about $555 million in 
emergency relief funds to the Devil's Slide tunnel project out of an 
estimated cost of $631 million. The $631 million total project cost 
estimate includes the $83 million requested on the June 2011 backlog 
list--which is for work completed during fiscal year 2011--as well as 
an additional $120 million to be requested in the future to fully 
reimburse Caltrans to complete the project. 

Alaskan Way Viaduct in Seattle, Washington. The June 2011 backlog list 
also contained a "pending" request of $40.5 million from Washington 
state in response to a February 2001 earthquake which damaged the 
Alaskan Way Viaduct--a 2-mile double-deck highway running along 
Seattle's waterfront.[Footnote 40] In the months after the event, FHWA 
approved $3.6 million for emergency relief repairs to cracks in 
several piers supporting a section of the viaduct, which were 
completed by December 2004. At the time of the earthquake, the 
Washington State Department of Transportation (WSDOT) had begun 
considering options for replacing the viaduct, which was approaching 
the end of its design life. After continued monitoring, WSDOT found 
that the viaduct had experienced accelerated deterioration as a result 
of the earthquake and requested $2 billion in emergency relief to 
replace the viaduct. Congress directed FHWA and state and local 
agencies to determine the specific damages caused by the earthquake 
and the amount eligible for emergency relief.[Footnote 41] In 
response, FHWA found that while the replacement of the entire viaduct 
was not eligible for emergency relief, the project was eligible to 
receive $45 million to replace the section of the viaduct damaged by 
the earthquake.[Footnote 42] FHWA further found that if WSDOT decided 
to move forward with a more comprehensive replacement project for the 
entire facility, the estimated amount of emergency relief eligibility 
could be applied to that project. WSDOT now plans to replace the 
entire viaduct with a bored tunnel under downtown Seattle, with an 
estimated cost of almost $2 billion. According to FHWA's Washington 
state division office, the $40.5 million listed on the June 2011 
emergency relief backlog list will be obligated toward the 
construction of the larger replacement project for the viaduct. 

The lack of a time limit for states to submit emergency relief funding 
requests raises the risk of states filing claims for additional 
funding years after an event's occurrence, particularly for projects 
that grow significantly in cost or scope over time. States may have 
good reasons for submitting funding requests years after an event--
particularly for larger-scale permanent repairs that may take years to 
complete--but such projects can grow unpredictably. The example of the 
relocation of S.R.1 away from Devil's Slide and the cost and scope 
increases that resulted from more than two decades of delays to 
complete lengthy environmental reviews and address community concerns 
is case and point. The absence of a time limit for states to submit 
funding requests hinders FHWA's ability to manage future claims to the 
program and creates a situation where Congress may be asked to provide 
additional supplemental appropriations for emergency relief years 
after an event occurs. Furthermore, states requesting emergency relief 
funds for projects many years after an event raises questions as to 
whether the repairs involved meet the goal of the Emergency Relief 
Program to restore damaged facilities to predisaster conditions. 

In 2007 we recommended that FHWA revise its regulations to tighten 
program eligibility criteria, which could include limitations on the 
use of emergency relief funds to fully finance projects that grew in 
scope and cost as a result of environmental and community concerns. In 
July 2011, DOT's regulatory agenda[Footnote 43] included a planned 
rulemaking for the Emergency Relief Program that would, among other 
actions, consider specific time restrictions for states when filing a 
claim for emergency relief eligible work.[Footnote 44] However, in 
October 2011, FHWA withdrew this planned item from its agenda. 
According to an FHWA official, the planned rulemaking was withdrawn 
because it was premature and because FHWA is still determining what 
changes if any are needed to address GAO's 2007 recommendations. 

FHWA's Program Revisions Have Not Fully Addressed Prior Concerns: 

FHWA Now Has Procedures to Withdraw Some Unused Emergency Relief 
Allocations from States, But Lacks Information to Verify Whether 
Additional Unused Allocations Are Still Needed: 

Since our 2007 report, FHWA has implemented a process to withdraw 
unused allocations and reallocate funding to benefit other states. 
FHWA undertook these actions in response to our recommendation to 
require division offices to annually coordinate with states to 
identify and withdraw unused allocations that are no longer needed so 
funds may be used to reduce the backlog of other program requests. 
[Footnote 45] Since 2007, FHWA has based its allocations on a state's 
estimate of anticipated emergency relief obligations for the fiscal 
year. Prior to fiscal year 2007, FHWA's policy was to allocate the 
full amount of each state's emergency relief request, based on total 
available program funds. 

In fiscal years 2010 and 2011, FHWA division offices coordinated with 
states to identify and withdraw unused allocations representing 
approximately $367 million in emergency relief funds from a total of 
25 states and 2 territories.[Footnote 46] To withdraw unused funds 
from states, FHWA reviews its financial database, FMIS, to identify 
the amount allocated to each state that has not been obligated to 
specific projects. FHWA then asks each state to identify remaining 
fiscal year need for new obligations and the amount of any allocations 
that will no longer be needed. FHWA then withdraws the amount 
determined by the state to be no longer needed and reallocates that 
amount to other nationwide emergency relief needs, such as unfunded 
requests on the backlog list. Most of the withdrawn allocations were 
originally allocated to states from fiscal years 2003 to 2006, as 
shown in figure 5. Of the $299 million that was withdrawn for events 
occurring from fiscal years 2003 to 2006, about $230 million was 
withdrawn from Florida. 

Figure 5: Unobligated Emergency Relief Allocations Withdrawn from 
States since 2007 by the Fiscal Year in Which the Events Occurred: 

[Refer to PDF for image: pie-chart] 

FY 2002 or earlier: 5%; $20 million for events; 
FY 2003 through 2006: 81%; $299 million for events; 
FY 2007 through 2010: 13%; $48 million for events; 
$367 million withdrawn in total. 

Source: GAO analysis of FHWA data. 

Note: Percentages do not add to 100 percent due to rounding. 

[End of figure] 

FHWA reallocated $295 million of the $367 million withdrawn from 
states for other nationwide requests.[Footnote 47] According to FHWA, 
the remaining $72 million that was withdrawn but not yet reallocated 
will be made available to states in future allocations. 

As of the end May 2011, $493 million that FHWA allocated to states in 
response to events occurring since 1989 remains unobligated.[Footnote 
48] A significant portion of this amount likely reflects the recent 
allocation of $320 million in April 2011. However, at least $63 
million of the unobligated balance is for older allocations, provided 
prior to fiscal year 2007. Specifically, New York's unobligated 
balance includes almost $52 million provided after the September 11, 
2001, terrorist attacks for roadway repairs delayed due to ongoing 
building construction around the World Trade Center site.[Footnote 49] 
FHWA's New York division reported that these repairs are not expected 
to be completed until 2014. In addition, California maintained an 
unobligated balance of more than $11 million from the October 1989 
Loma Prieta earthquake. According to FHWA California division 
officials, FHWA sought to withdraw some of this allocation, but 
Caltrans and local officials indicated that this allocation was 
necessary to complete environmental mitigation and bike path projects 
that were part of reconstruction of the collapsed Bay Bridge 
connecting San Francisco and Oakland in California. 

Although the Emergency Relief Manual states that FHWA division offices 
are to identify and withdraw unused program funding allocations 
annually, we found several instances in which division offices applied 
unused allocations from existing events to new events in the same 
state without requesting a new allocation. Specifically, our file 
review at the FHWA Washington state and New York state division 
offices identified three events from fiscal years 2009 and 2010 that 
the division offices approved as eligible and funded with allocations 
that were no longer needed from previous events. This practice, which 
was permitted in the 1989 version of the Emergency Relief Manual, 
limits FHWA's ability to track unobligated balances for specific 
events and determine whether those funds are no longer needed and may 
be withdrawn. FHWA took steps to limit divisions from using this 
practice by removing language permitting the practice in the 2009 
Emergency Relief Manual. According to FHWA, this change was made so 
that funds could be more equitably distributed across the nation to 
address the backlog of funding requests, rather than allowing states 
to hold unused funds in reserve for future events. 

Although FHWA removed the language permitting this practice from the 
manual, FHWA has not provided written guidance to its divisions to 
prohibit them from applying unused allocations to new events in the 
same state, and the practice is still being used. For example, in 
February 2011, FHWA's headquarters allowed the Washington state 
division to shift unused funds from a prior event to a new event, and 
in doing so, the division office did not submit a request for an 
allocation of funds for those new events and FHWA headquarters did not 
provide an allocation for those events. Consequently, FHWA 
headquarters did not have a record for the events, nor did it know the 
amount of funds made available by the division for these events. 
Furthermore, FHWA headquarters officials were unable to determine how 
prevalent this practice was across division offices. As a result, FHWA 
headquarters lacks information on what funding was made available and 
remains unobligated to states for specific events. Because Emergency 
Relief Program funding is not subject to the annual limits that the 
regular federal-aid highway program is, states have an incentive to 
retain as much emergency relief funding as possible by not returning 
unused funds. The lack of information on the amount of funds that 
could be made available for specific events could prevent FHWA from 
verifying whether allocations provided to states are still needed or 
may be withdrawn and used to meet current needs. 

In Addition to Unused Allocations, Obligated Funds Remain Unexpended: 

In addition to the unused allocations, substantial amounts of 
obligated emergency relief funding have not been expended. About $642 
million in emergency relief funding obligated for states from fiscal 
years 2001 through 2010 remains unexpended as of May 2011--including 
about $341 million in emergency relief funds obligated from fiscal 
years 2001 through 2006.[Footnote 50] In total for the Emergency 
Relief Program, 8 percent of all funding obligated from fiscal years 
2001 through 2006 has yet to be expended (see table 2). 

Table 2: Emergency Relief Program Obligations and Expenditures, Fiscal 
Years 2001 through 2006: 

Dollars in millions: 

Obligations: 
Fiscal year: 2001: $360; 
Fiscal year: 2002: $67; 
Fiscal year: 2003: $195; 
Fiscal year: 2004: $1,082; 
Fiscal year: 2005: $1,991; 
Fiscal year: 2006: $758; 
Total: $4,454. 

Expenditures: 
Fiscal year: 2001: $314; 
Fiscal year: 2002: $65; 
Fiscal year: 2003: $191; 
Fiscal year: 2004: $1,072; 
Fiscal year: 2005: $1,803; 
Fiscal year: 2006: $667; 
Total: $4,113. 

Unexpended balance: 
Fiscal year: 2001: $46; 
Fiscal year: 2002: $2; 
Fiscal year: 2003: $5; 
Fiscal year: 2004: $10; 
Fiscal year: 2005: $188; 
Fiscal year: 2006: $91; 
Total: $341. 

Percent expended: 
Fiscal year: 2001: 87%; 
Fiscal year: 2002: 97%; 
Fiscal year: 2003: 98%; 
Fiscal year: 2004: 99%; 
Fiscal year: 2005: 91%; 
Fiscal year: 2006: 88%; 
Total: 92%. 

Source: GAO analysis of FHWA financial data. 

Note: The amounts provided for each fiscal year were rounded to the 
nearest million and may not add to the total amount provided due to 
rounding. 

[End of table] 

Almost half of the unexpended balance from fiscal years 2001 through 
2006 is for projects in response to several extraordinary events that 
occurred during those years, including the September 11, 2001, 
terrorist attacks in New York and Gulf Coast Hurricanes Katrina, Rita, 
and Wilma in 2005. Specifically, about $45 million of the $46 million 
that remains unexpended for fiscal year 2001 is for repair projects to 
facilities around the World Trade Center site in New York City. Of the 
$188 million that remains unexpended for fiscal year 2005, about $118 
million is for projects in Louisiana in response to Hurricane Katrina. 
As of the end of May 2011, FHWA obligated about $952 million to 155 
emergency relief projects in Louisiana for this event and has since 
made reimbursements to the state for all but 1 of these projects, 
providing approximately 88 percent of the amount obligated. 

Although substantial unexpended obligated funding remains, FHWA lacks 
information to determine the amount that is unneeded and could be 
deobligated because there is no time frame for closing out completed 
emergency relief projects. FHWA division officials in New York and 
Texas reported that many emergency relief projects are administered by 
local public agencies, including towns and counties, and these 
entities are often slow to process their reimbursement requests 
through the state department of transportation. As such, FHWA lacks 
information on the status of these projects and whether projects are 
ongoing or have been completed. For example, in Texas, 28 of 30 
projects since 2007 included in our file review were listed as active 
in FHWA's national database, FMIS. However, according to Texas 
Department of Transportation (TXDOT) officials, construction on 23 of 
the 28 active projects was in fact completed and waiting to be closed 
out. FHWA division office officials reported that FMIS is not a 
project management system and does not provide the actual status of 
the construction of projects. As such, states may have completed some 
emergency relief projects but not processed reimbursement requests 
from local public agencies or completed final project financial 
audits. Projects remain active in FMIS until final vouchers have been 
processed to reimburse states. DOT's Office of Inspector General and 
external independent auditors have both identified inactive or 
unexpended obligations as a significant concern within FHWA.[Footnote 
51] Without clear time frames for states to close out completed 
emergency relief projects, FHWA lacks important information on the 
status of projects and whether unexpended project funds are no longer 
needed and may be deobligated to be made available for other emergency 
relief projects. 

Prior Concerns about Project Eligibility Have Yet to Be Addressed: 

FHWA has yet to address our longstanding concern about, and our 2007 
recommendation for addressing, the use of emergency relief funds to 
finance projects that have grown in scope beyond the original intent 
of the program, which is to restore damaged facilities to predisaster 
conditions.[Footnote 52] In 1996, we questioned FHWA's decision to use 
more than $1 billion in emergency relief funds to replace the Cypress 
Viaduct in Oakland, California, which collapsed as a result of the 
Loma Prieta earthquake in October 1989.[Footnote 53] FHWA engineers 
initially estimated that replacing the destroyed structure along its 
predisaster alignment would cost $306 million. In response to public 
concern, Caltrans identified several alternative alignments that it 
studied in a 2-year environmental review. In 1991, Caltrans and FHWA 
decided to replace the destroyed 1.5-mile structure, which had 
bisected a residential area, with a new 5-mile structure running 
through active rail yards. This cost estimate later increased to more 
than $1.1 billion at the time of our 1996 report--an increase of 
almost $800 million from FHWA's initial estimate of $306 million to 
restore the facility to its predisaster condition. As such, we 
questioned whether the improvements and costs resulting from the 
significant relocation and changes in scope should have been funded 
through the Emergency Relief Program rather than the regular federal-
aid highway program. We recommended that FHWA modify its guidance to 
clearly define what costs can be funded through the Emergency Relief 
Program, particularly when an environmental review recommends 
improvements or changes to the features of a facility from its 
predisaster condition in a manner that adds costs and risks to the 
project. 

Although FHWA took steps to address our 1996 recommendation,[Footnote 
54] in 2007, we reported several cases in which the Emergency Relief 
Program was used to fund large projects--such as a bridge replacement 
or road relocation--that were either delayed, had grown in project 
scope and costs, or went beyond the original intent of the Emergency 
Relief Program to restore damaged facilities to predisaster 
conditions.[Footnote 55] First, we noted that relocating California 
S.R.1 at Devil's Slide could have been addressed through the state's 
regular federal-aid highway program, rather than through the Emergency 
Relief Program. If the regular federal-aid highway program had been 
used, the project would not have been eligible for 100 percent federal 
funding,[Footnote 56] and the federal government would have saved an 
estimated $73 million.[Footnote 57] Second, we reported that the 
reconstruction of the U.S. Highway 90 Biloxi Bay Bridge in 
Mississippi--which was destroyed in August 2005 during Hurricane 
Katrina--grew in scope and cost by $64 million as a result of 
community concerns. Specifically, in response to a concern raised by a 
local shipbuilder about the proposed height of the new bridge, 
Mississippi department of transportation expanded the scope of the 
bridge reconstruction to increase the bridge height to allow for 
future ships to pass under the bridge. The original design was to 
provide an 85-foot clearance at a cost of $275 million, but this scope 
was expanded to its current design to provide a 95-foot clearance at a 
cost of $339 million.[Footnote 58] 

FHWA has clarified its definition of an eligible damage site as we 
recommended in 2007, through its revisions to its Emergency Relief 
Manual in 2009. Specifically, FHWA's 2009 revisions clarified that 
grouping damages to form an eligible site based solely on a political 
subdivision (i.e., county or city boundaries) should not be accepted. 
This change addressed our concern that FHWA division offices had 
different interpretations of what constituted a site, such that damage 
sites that were treated as eligible for emergency relief in one state 
may have not been eligible in another state. 

Incomplete Information in Emergency Relief Project Files in Three 
States Raises Concerns about FHWA's Eligibility Decisions and Program 
Oversight: 

Documentation for Many Project Files We Reviewed Was Missing, 
Incomplete, or Inconsistent: 

In our review of 83 selected emergency relief project files in three 
FHWA division offices, we found that many of the project files 
reviewed did not contain documentation called for in the Emergency 
Relief Manual to support FHWA decisions that projects met program 
eligibility requirements.[Footnote 59] Of the 83 projects in our 
review (totaling about $198.5 million in federal funds), 81 projects 
(about $192.8 million in federal funds) had at least one instance of 
missing or incomplete documentation. As a result of this missing 
information, we were unable to determine the basis of FHWA's 
eligibility decisions for many of the projects in our file review. 

The Emergency Relief Manual directs FHWA division offices to maintain 
files containing information on the methods used to evaluate disasters 
and FHWA's assessment of damages and estimates of cost. According to 
the Emergency Relief Program regulations, program data should be 
sufficient to identify the approved disaster and permit FHWA to 
determine the eligibility of the proposed work.[Footnote 60] In our 
file review, we identified several areas of concern with FHWA's 
eligibility determinations based on missing, incomplete, or 
inconsistent documentation, as illustrated in table 3 and described 
below (see appendix III for detailed results of our file review). 

Table 3: Instances of Missing or Incomplete Project Documentation: 

Areas of concern regarding eligibility: Missing or incomplete detailed 
damage inspection reports; 
New York: 16 of 22; 
Texas: 28 of 28; 
Washington state: 3 of 33; 
Total instances: 47 of 83. 

Areas of concern regarding eligibility: Missing repair cost estimates; 
New York: 12 of 22; 
Texas: 14 of 28; 
Washington state: 16 of 33; 
Total instances: 42 of 83. 

Areas of concern regarding eligibility: Missing or incomplete 
emergency repair completion dates to support 100 percent federal 
funding; 
New York: 18 of 18[A]; 
Texas: 0 of 17; 
Washington state: 21 of 23; 
Total instances: 39 of 58[B]. 

Areas of concern regarding eligibility: Missing betterment 
justification; 
New York: 1 of 1; 
Texas: 0 of 4; 
Washington state: 6 of 10; 
Total instances: 6 of 15[C]. 

Source: GAO analysis of FHWA Emergency Relief Program documentation. 

[A] The 18 projects with emergency repairs in New York provided only a 
month and year for the completion of repairs. Without a specific date 
we could not confirm completion was within 180 days of the disaster 
occurrence. These 18 projects are indicated as partially complete for 
having a completion date on file for 100 percent funded work in 
appendix III, figure 6. 

[B] Fifty-eight of the 83 projects in our review included emergency 
repairs and were approved to receive 100 percent federal share funding 
for either all or a portion of the total project cost. 

[C] Fifteen of the 83 projects in our review were identified as 
betterments in project documentation or by FHWA division office 
officials with whom we spoke. 

[End of table] 

Missing or Incomplete Detailed Damage Inspection Reports: 

Forty-seven of 83 project files (57 percent) lacked documentation for 
on-site damage inspections. In particular, they did not include a 
detailed damage inspection report (DDIR) or the DDIR was not complete. 
According to the Emergency Relief Manual, on-site detailed damage 
inspections are conducted by the applicant or a state department of 
transportation representative if the applicant is a local public 
agency, and an FHWA representative, if available, to determine the 
extent of damage, scope of repair work, preliminary estimate of the 
repair cost, and whether a project is eligible for emergency relief 
funding. FHWA provides its division offices with a DDIR form that 
states may use to document their inspections and provide critical 
information necessary for determining project eligibility, such as a 
listing of preliminary repair cost estimates for equipment, labor, and 
materials for both emergency and permanent repairs. Without such 
information on file for some projects, we could not confirm that FHWA 
had that information to make emergency relief project eligibility 
determinations. 

These documents may be missing due to lack of clear requirements from 
FHWA. FHWA requires documented on-site damage inspections but does not 
have a clear requirement for how states submit the inspections to FHWA 
officials or for how they approve inspection reports; as a result, the 
three division offices we visited applied the Emergency Relief Manual 
guidelines differently. For example, none of the 28 project files we 
reviewed in Texas included a DDIR because FHWA's Texas division office 
relies instead on a "program of projects," which is a spreadsheet of 
all projects requesting emergency relief funds. In response to a draft 
version of this report, FHWA's Office of Program Administration 
explained that state departments of transportation may use any format 
to submit the data necessary for FHWA to make an eligibility 
determination. FHWA's Texas division officials stated that they find 
the program of projects useful and believed it to be an FHWA 
requirement; however, we found that the Emergency Relief Manual 
guidance was ambiguous and did not directly state that this document 
can be used in place of DDIRs. One section the Emergency Relief Manual 
indicates that the state department of transportation is to submit the 
program of projects to the FHWA division office, but it also states 
that the program of projects should relate the damage to that 
described in the DDIRs. Furthermore, the manual suggests in an 
appendix that the program of projects is actually a package of all 
DDIRs resulting from the detailed damage inspections. 

In addition, our file review found that the project descriptions in 
the program of projects did not always provide the detailed 
information regarding damages and proposed repairs outlined in the 
Emergency Relief Manual and found on a DDIR. For example, for one 
Texas project totaling close to $1.7 million in both emergency and 
permanent repairs, the project description was the same for both 
emergency and permanent repairs and did not indicate what specific 
repair activities were conducted for each repair type. Differentiation 
between emergency and permanent repairs is important because emergency 
repairs are eligible for a higher federal share and do not require 
prior FHWA authorization. Without documentation showing a clear 
distinction between the emergency and permanent repairs--information 
that should be identified and documented on a DDIR per program 
guidance--we could not determine the basis for FHWA's decision that 
this project met the eligibility requirements for both repair types. 
Overall, we found the program of projects was less useful than the 
DDIR for evaluating the full range of information necessary to 
determine the basis for FHWA's eligibility determinations. 

Missing Repair Cost Estimates: 

We found that about half of the projects in our sample (42 of 83) did 
not include repair cost estimates. The Emergency Relief Manual states 
that at a minimum the division office's project file should contain 
copies of the FHWA field engineer's assessments on damage and 
estimates of cost. Officials in each of the FHWA division offices that 
we visited reported that the state's department of transportation is 
responsible for preparing repair cost estimates, but that FHWA area 
engineers also conduct some on-site inspections to verify the cost 
estimates provided. In total, 42 projects in our sample did not 
include any repair cost estimates; thus, we could not confirm that 
FHWA officials had this information to make eligibility determinations 
for those projects. For example, a portion of two projects in our 
sample for emergency and permanent repairs was to remove sand from 
drainage ditches and was initially approved by the FHWA Texas division 
office for reimbursement of up to $1.3 million, although the project 
file included no repair cost estimate for any of the work associated 
with the project. Additionally, no information was available in the 
project file to explain the FHWA Texas division office's decision to 
later approve a nearly 40 percent increase from $1.3 million to the 
final approved amount of $1.85 million. In responding to a draft of 
this report, DOT stated that the cost of the project increased because 
more sand was removed from the drainage ditches than originally 
estimated. However, no documentation of this change was included in 
FHWA's project files. 

FHWA officials reported that the division office in Texas reviews a 
sample of preliminary cost estimates based on risk, among other 
factors, prior to making any eligibility decisions. According to the 
officials, FHWA's Texas division office reviewed preliminary cost 
estimates of at least 10 of the 30 projects included in our file 
review before determining eligibility. The officials also reported 
that this sampling approach is consistent with FHWA's stewardship 
agreement with TXDOT and the fact that states have assumed oversight 
responsibility for design and construction of many federal-aid highway 
projects, including emergency relief projects.[Footnote 61] FHWA also 
reported that TXDOT's oversight responsibilities do not extend to 
determining whether particular projects are eligible for federal 
funds. Furthermore, the Emergency Relief Manual states that Emergency 
Relief Program eligibility determinations reside with FHWA, and 
estimated repair costs should be documented to determine eligibility. 
As such, the practice of reviewing a sample of preliminary cost 
estimates does not appear to be consistent with the requirements in 
the Emergency Relief Manual, and as a result, we could not determine 
the basis of FHWA's eligibility decisions for those project cost 
estimates it did not review. 

We found other cases in which cost increases were not documented 
according to the internal policies established by each of the division 
offices we visited. In New York and Texas, FHWA division officials 
stated they require additional documentation to justify cost increases 
of 25 percent or more. In Washington state, FHWA division office 
officials stated they require additional documentation if costs 
increase by 10 percent or more. Yet 14 percent of the project files we 
reviewed (12 of 83) showed total cost increases that exceeded the 
limits established by the three division offices and no additional 
documentation was on file to support the increases.[Footnote 62] 

Missing or Incomplete Emergency Repair Completion Dates to Support 
Eligibility for 100 Percent Federal Funding: 

The majority of the emergency repair project files that we reviewed 
did not include documentation demonstrating that emergency repairs 
were completed within 180 days from the event to be eligible for 100 
percent federal reimbursement.[Footnote 63] Fifty-eight of the 83 
projects we reviewed included emergency repairs approved to receive 
100 percent federal funding reimbursement if repairs were completed 
within 180 days of the event occurrence. However, 39 of the 58 (67 
percent) did not have documentation on file to show the completion 
date of those repairs (see table 3). In total, only 14 of 58 (24 
percent) emergency repair projects provided a completion date that was 
within 180 days of the event's occurrence. For the majority (39 of 58) 
of projects, we were unable to confirm whether the emergency repairs 
were completed within 180 days and whether these projects were 
eligible to receive 100 percent federal reimbursement. 

The Emergency Relief Manual does not clearly establish specific 
requirements that states demonstrate and FHWA verify the date of 
project completion. As such, FHWA lacks a standardized process for 
verifying the completion of emergency repairs within 180 days on 
projects for which it does not exercise full oversight. By law, states 
assume oversight responsibility for the design and construction of 
many federal-aid highway projects,[Footnote 64] including the vast 
majority of emergency relief projects in the three divisions we 
visited. As such, the states--rather than FHWA--were responsible for 
conducting final inspections of emergency relief projects. States are 
required to conduct a final inspection for all federal-aid highway 
projects under state oversight, and these inspections could be useful 
to determine federal share eligibility of emergency repairs if they 
provide project completion dates. While officials in each of the three 
state departments of transportation told us that they conduct final 
inspections of emergency repairs, we found only two final inspection 
reports prepared by states in FHWA's records to confirm the completion 
of emergency repairs within the required time frame. In addition, when 
we reviewed final inspection reports from one of the state departments 
of transportation in our review, we were frequently unable to verify 
completion dates. Specifically, 11 of the 12 final inspections 
performed by officials at New York State Department of Transportation 
for projects in our review did not include project completion dates. 
Although the Emergency Relief Manual states that FHWA division offices 
reserve the right to conduct a final inspection of any emergency 
relief project, only the FHWA Texas division reported conducting spot 
inspections for a sample of emergency relief projects.[Footnote 65] 

In commenting on a draft of this report, DOT stated that the FHWA New 
York state division office uses other means to verify completion of 
emergency repairs within 180 days. According to DOT, the state often 
submits its DDIRs to FHWA after emergency repairs are completed, which 
allows FHWA to verify the eligibility and completion of an emergency 
repair when it reviews the DDIR. DOT reported that the FHWA division 
office does not sign the DDIR until it confirms the work is completed, 
and that its signature indicates verification that the work was 
performed within the required time frame. However, our file review 
found that 14 of the 18 emergency repair projects in New York that 
were approved for 100 percent federal funding did not have an FHWA 
signature on the DDIR. 

In addition to a lack of documentation, we found eight instances in 
which permanent repair projects may have incorrectly received 100 
percent federal share reimbursement.[Footnote 66] According to the 
Emergency Relief Manual, absent specific legislative approval, 
permanent repair work is not to be considered emergency repair work 
even if it is completed within 180 days. However, we found instances 
in which projects were determined to be permanent repairs based on 
information in the project files, but were later authorized to receive 
100 percent federal share. For example, in one project in our review, 
FHWA's Washington state division office approved permanent repairs to 
a state highway for $2.6 million in estimated damages caused by a 
landslide. Our review of FHWA financial records for this project 
indicates that FHWA later authorized a federal reimbursement of $5.3 
million, roughly 99 percent of the total project cost of nearly $5.4 
million. FHWA Washington state division officials reported that this 
project was considered to be a permanent repair performed as an 
incidental part of emergency repair work.[Footnote 67] However, the 
project files did not include any emergency repair work to accompany 
the approved permanent repairs. According to these officials, the FHWA 
Washington state division interpreted the 2003 version of the 
Emergency Relief Manual as allowing incidental permanent work to be 
funded at 100 percent federal share either with or as emergency repair 
work. However, the manual states that during the 180 day period 
following the disaster, permanent repair work is reimbursed at the 
normal pro rata share unless performed as an incidental part of 
emergency repair work. As such, based on the program guidance, this 
project should have been reimbursed at 86.5 percent federal share. 

Missing and Inconsistent Support for Betterments: 

A primary purpose of the Emergency Relief Program is to restore 
highway facilities to predisaster conditions, not to provide 
improvements or added protective features to highway facilities. 
However, according to FHWA regulations and the Emergency Relief 
Manual, such improvements may be considered eligible betterments if 
the state provides economic justification, such as a benefit-cost 
analysis that weighs the cost of the betterment against the risk of 
eligible recurring damage and the cost of future repair through the 
Emergency Relief Program[Footnote 68]. In our file review we 
identified two areas of concern regarding betterments, including 
instances of missing documentation of benefit-cost analyses: 

* Lack of documentation of required benefit-cost analyses. Six of the 
15 projects (40 percent) identified as betterments in our review did 
not contain the required benefit-cost analyses in their files to 
justify the betterment.[Footnote 69] As a result we were unable to 
determine the basis on which FHWA approved these six betterments. We 
also found one instance in which the benefit-cost analyses used to 
justify an approved betterment did not meet Emergency Relief Program 
requirements. Specifically, FHWA's New York division office approved a 
betterment of almost $1.6 million to repair and improve a damaged 
roadway and shoulder caused by an April 2007 storm. However, we found 
that the report prepared to justify the betterment did not weigh the 
cost of the proposed betterment against the risk of future damages and 
repair costs to the Emergency Relief Program, as required by program 
regulations. Consequently, we were unable to determine the basis on 
which FHWA approved the $1.6 million betterment. 

* Lack of documentation indicating whether projects include 
betterments. We found that it was often difficult to determine which 
projects included betterments, as FHWA lacks a standard process for 
where and how betterments should be identified in project 
documentation. The Emergency Relief Manual states that betterments 
must receive prior FHWA approval and that further development of 
contemplated betterments should be accomplished with FHWA involvement, 
necessitating that proposed betterments are specifically identified. 
We found eight project files with indications that the projects may 
have included betterments that were not identified explicitly in 
project documentation or by FHWA officials.[Footnote 70] For example, 
following the completion of emergency repairs to remove debris and 
protect a bridge against erosion caused by a landslide, the FHWA 
Washington state division office approved an additional $3.7 million 
in permanent repairs in response to continued erosion and movement of 
the hillside. The documentation in the project file indicated that 
this permanent work was added to stabilize the slide area in 
anticipation of future flooding. According to officials from the FHWA 
Washington state division, this slide stabilization project was a 
betterment, but the project file did not contain documentation to 
indicate that this project was in fact a betterment. 

FHWA provides considerable discretion to its division offices to 
tailor the Emergency Relief Program within states and lacks a standard 
mechanism to specifically identify whether a project includes a 
betterment. FHWA's Office of Asset Management has developed an 
Economic Analysis Primer for FHWA division offices to use when 
evaluating benefit-cost analyses for federal-aid program projects. 
However, neither the Emergency Relief Manual nor the Economic Analysis 
Primer provide sample benefit-cost analyses or specific guidance on 
what information should be included in the benefit-cost analysis to 
demonstrate that the proposed betterment will result in a savings in 
future recurring repair costs under the Emergency Relief Program. 
Because we had found betterments without documentation of the required 
benefit-cost analyses on file and identified possible betterments that 
were not explicitly identified as such, we could not confirm that 
federal funds were being reimbursed in accordance with the 
requirements of the Emergency Relief Program. Further, absent specific 
guidance for identifying and approving betterments to its division 
offices, FHWA cannot be assured that the Emergency Relief Program is 
being administered consistently. 

Conclusions: 

The federal government plays a critical role in providing financial 
assistance to states in response to natural disasters and other 
catastrophic events. Given the costs of these events and the 
significant fiscal challenges facing both states and the federal 
government, it is increasingly necessary that federal financial 
support be delivered in an effective, transparent, and accountable 
manner so that limited funds are put to their best use. FHWA's 
stewardship of the Emergency Relief Program could be better structured 
to meet that necessity. 

First, because some emergency relief projects can be delayed for many 
years due to environmental or community concerns and projects can grow 
significantly in scope and cost, the federal government faces the risk 
of incurring long-term costs for such projects. FHWA has limited tools 
to control its exposure to the costs of older events and ensure that 
as projects grow in scope and cost that they do not go beyond the 
original intent of the program, which is to assist states to restore 
damaged facilities to their predisaster conditions. Once an event has 
been approved for emergency relief by FHWA, the Emergency Relief 
Program as currently structured does not limit the time during which 
states may request additional funds and add projects, which increase 
the size of FHWA's backlog list. Because Emergency Relief Program 
funding is not subject to the annual limits of the regular federal-aid 
highway program, states have an incentive to seek as much emergency 
relief funding as possible. Consequently, without reasonable time 
limits for states to submit funding requests for such older events, 
FHWA's ability to anticipate and manage future costs to the Emergency 
Relief Program is hindered, as is Congress' ability to oversee the 
program. Furthermore, without specific action by FHWA to address the 
recommendation from our 2007 report that it revise its emergency 
relief regulations to tighten eligibility criteria, the Emergency 
Relief Program will continue to face the risk of funding projects with 
scopes that have expanded beyond the goal of emergency relief and may 
be more appropriately funded through the regular federal-aid highway 
program. 

Second, while FHWA has taken some important steps in response to our 
2007 report to manage program funding by withdrawing unobligated 
balances from states, it faces challenges in tracking allocations that 
have been provided to states. In particular, because FHWA division 
offices have allowed states to transfer unobligated allocations from 
an existing event to new events, and because FHWA headquarters is not 
tracking which divisions have done so, FHWA headquarters does not have 
the information needed to identify and withdraw all unneeded funds. In 
addition, without time frames to expedite the close-out of completed 
emergency relief projects, FHWA lacks useful information to help 
determine whether obligated but unexpended program funds are no longer 
needed and could be deobligated. 

Finally, the fact that we could not determine the basis of FHWA's 
eligibility decisions in three states on projects costing more than 
$190 million raises questions about whether emergency relief funds are 
being put to their intended use and whether these issues could be 
indicative of larger problems nationwide. While federal law allows 
states to assume oversight over design and construction of much of the 
federal-aid highway program, including many emergency relief projects, 
FHWA is ultimately responsible for ensuring that federal funds are 
efficiently and effectively managed and that projects receiving scarce 
emergency relief funds are in fact eligible. This is especially 
important in light of the fact that emergency relief funds have been 
derived principally from general revenues in recent years and that the 
funds that states receive are above and beyond the funding limits for 
their regular federal-aid highway program funds. Without clear and 
standardized procedures for divisions to make and document eligibility 
decisions--including documenting damage inspections and cost 
estimates, verifying and documenting the completion of emergency 
repair projects within the required time frame, and evaluating 
information provided to justify proposed betterments--FHWA lacks 
assurance that only eligible projects are approved, and that its 
eligibility decisions are being made and documented in a clear, 
consistent, and transparent manner. 

Recommendations for Executive Action: 

To improve the accountability of federal funds, ensure that FHWA's 
eligibility decisions are applied consistently, and enhance oversight 
of the Emergency Relief Program, we recommend that the Secretary of 
Transportation direct the FHWA Administrator to take the following 
four actions: 

* Establish specific time frames to limit states' ability to request 
emergency relief funds years after an event's occurrence, so that FHWA 
can better manage the financial risk of reimbursing states for 
projects that have grown in scope and cost. 

* Instruct FHWA division offices to no longer permit states to 
transfer unobligated allocations from a prior emergency relief event 
to a new event so that allocations that are no longer needed may be 
identified and withdrawn by FHWA. 

* Establish clear time frames for states to close out completed 
projects in order to improve FHWA's ability to assess whether 
unexpended program funds are no longer needed and could be deobligated. 

* Establish standardized procedures for FHWA division offices to 
follow in reviewing emergency relief documentation and making 
eligibility decisions. Such standardized procedures should include: 

- clear requirements that FHWA approve and retain detailed damage 
inspection reports for each project and include detailed repair cost 
estimates; 

- a requirement that division offices verify and document the 
completion of emergency repairs within 180 days of an event to ensure 
that only emergency work completed within that time frame receives 100 
percent federal funding; and: 

- consistent standards for approving betterments, including guidance 
on what information the benefit-cost analyses should include to 
demonstrate that the proposed betterment will result in a savings to 
the Emergency Relief Program, and a requirement that FHWA approval of 
funding for betterments be clearly documented. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to DOT for review and comment. DOT 
officials provided technical comments by email which we incorporated 
into the report, as appropriate. In response to our finding that the 
Emergency Relief Program lacks a time limit for states to submit 
emergency relief funding requests, and our recommendation to establish 
specific time frames to limit states' ability to request emergency 
relief funds years after an event's occurrence, DOT noted that the 
program does include general time frames for states to submit an 
application and have work approved. We incorporated this information 
into the final report; however, since a state's list of projects may 
be amended at any time to add new work, we continue to believe that 
FHWA's ability to anticipate and manage future costs to the Emergency 
Relief Program is hindered absent specific time frames to limit 
states' requests for additional funds years after an event's 
occurrence. Such time frames would provide FHWA with an important tool 
to better manage program costs. 

DOT also commented that its ability to control the costs of some of 
the projects cited in the report that have grown in scope and cost 
over the years is limited in some cases by the fact that DOT received 
statutory direction from Congress to fund these projects. For example, 
Congress directed FHWA to provide100 percent federal funding for all 
emergency relief projects resulting from Hurricane Katrina in 2005. We 
incorporated additional information to recognize this statutory 
direction; however, a determination by Congress that a particular 
event should qualify for relief under the Emergency Relief Program, or 
for other individual actions, does not relieve FHWA of its stewardship 
and oversight responsibilities. Except as Congress otherwise provides, 
this includes its responsibility to determine whether enhancements to 
projects or betterments are consistent with its regulations and the 
intent of the Emergency Relief Program to restore damaged facilities 
to predisaster conditions. We continue to believe that, as a steward 
of public funds, FHWA generally has the discretion to take reasonable 
steps to limit the federal government's exposure to escalating costs 
from projects that grow in scope over time. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution of this report 
until 30 days from the report date. At that time, we will send copies 
of this report to the appropriate congressional committees and the 
Secretary of Transportation. In addition, this report will be 
available at no charge on GAO's website at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-2834 or herrp@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. GAO staff who made major contributions 
to this report are listed in appendix IV. 

Signed by: 

Phillip R. Herr: 
Director, Physical Infrastructure Issues: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

To identify Emergency Relief Program funding trends since our 2007 
report,[Footnote 71] we reviewed federal statutes, including 
supplemental appropriations to the Emergency Relief Program made since 
2007, and Federal Highway Administration (FHWA) documentation on 
annual funding authorizations to the program. We also reviewed FHWA 
data on emergency relief funds allocated to states in response to 
emergency relief events from fiscal years 2007 through 2010, as 
provided by FHWA's Office of Program Administration. We interviewed 
FHWA officials in the Office of Program Administration to gather 
specific information on how data on allocations was collected and we 
also reviewed FHWA financial data on total allocations to states from 
FHWA's fiscal management information system (FMIS). We interviewed 
officials from FHWA Federal Lands Highway, FHWA's North Dakota 
Division Office, and the North Dakota state department of 
transportation concerning funding and project activities for the 
Devils Lake, North Dakota, emergency relief projects. To gather 
additional information on the Devil's Slide project in California, we 
interviewed the FHWA California division office and reviewed 
information on the estimated project costs. 

To identify key changes to the Emergency Relief Program implemented in 
response to concerns raised in our 2007 report, we reviewed 
recommendations made to FHWA in our 2007 report and FHWA Emergency 
Relief Program regulations and guidance, including FHWA's Emergency 
Relief Manual, as revised in 2009. We compared information in the 
current version of the Emergency Relief Manual with information in the 
previous version to determine which elements were revised. We 
interviewed FHWA officials in the Office of Program Administration to 
determine why specific changes were made, and we interviewed officials 
in three FHWA division offices to determine how program changes were 
implemented. To corroborate information provided by FHWA regarding its 
process of withdrawing unused Emergency Relief Program funds from 
states, we reviewed FMIS data on the emergency relief funds that were 
allocated among all states and territories, obligated to specific 
projects, and the remaining unobligated balance for all active 
Emergency Relief Program codes as of May 31, 2011. To determine other 
amounts of program funding that remained unused, we reviewed data in 
FMIS on the amount of emergency relief funding obligated to specific 
projects and expended by all states and territories for events 
occurring from fiscal years 2001 through 2010. We provided FHWA 
officials with our methodology for gathering data from FMIS to ensure 
that our data queries were accurate. To ensure the reliability of data 
collected in FMIS we interviewed FHWA officials on the procedures used 
by FHWA and states' departments of transportation to enter and verify 
financial information entered into FMIS. We found these data to be 
sufficiently reliable for our purposes. 

To determine the extent to which selected emergency relief projects 
were awarded in compliance with program eligibility requirements, we 
reviewed federal statutes and regulations, and FHWA guidance on 
emergency relief eligibility requirements. We selected a 
nongeneralizable sample of state department of transportation and FHWA 
division offices in three states--New York, Texas, and Washington 
state. The states selected are not representative of the conditions in 
all states, the state departments of transportation, or FHWA division 
offices, but are intended to be examples of the range of practices and 
projects being funded by the Emergency Relief Program across the 
country. These states were selected based on several criteria: 

1. The overall amount of emergency relief funding allocated to a state 
from fiscal years 2007 through 2010, to identify those states that 
were allocated the most funding (at least $15 million) over that 
period, based on allocation data provided by FHWA headquarters. 

2. Frequency of funding requests to identify those states that 
requested funds for three or more fiscal years from 2007 through 2010. 

3. The occurrence of an eligible emergency relief event since FHWA 
updated its Emergency Relief Manual in November 2009. For our 
purposes, we used emergency relief eligible events beginning October 
1, 2009, as a proxy for identifying states with emergency relief 
events since the November 2009 manual update. 

A total of 10 states met all three criteria. We narrowed our selection 
down by eliminating those states that experienced outlier events, such 
as North Dakota's reoccurring basin flooding at Devils Lake and the 
catastrophic failure of the Interstate 35 West bridge in Minnesota. We 
judgmentally selected New York, Texas, and Washington state to reflect 
a geographic dispersion of states. 

We reviewed a sample of emergency relief project files in the FHWA 
division office in each of these states to determine whether the 
project files included required or recommended documentation cited in 
federal statute, regulations, and FHWA program guidance. Such 
documentation included the President or state governors' proclamation 
of a disaster, detailed damage inspection reports, cost estimates for 
repairs, photographs of the damage, and other information. Across the 
three division offices, we selected a nongeneralizable sample of 88 
Emergency Relief Program files out of a total universe of 618 project 
files for emergency relief projects approved by FHWA in those states 
from fiscal years 2007 through 2010. Among the 88 projects in our 
review, 5 projects had been withdrawn by states as FHWA had determined 
them ineligible for emergency relief funds, or they were reimbursed 
through a third party insurance settlement, bringing the total number 
of projects reviewed to 83. The project files we reviewed represented 
approximately 67 percent of all emergency relief funds obligated to 
those states during that time period.[Footnote 72] Those projects were 
selected based on the following criteria: 

1. All projects with more than $1 million in obligated federal funds 
between fiscal years 2007 and 2010, including a mix of active and 
closed projects and various event or disaster types. 

2. Projects with more than $1 million in obligated federal funds for 
events from fiscal years 2001 through 2006 on the list of formal 
emergency relief funding requests as of March 7, 2011, that were 
either currently active or were completed more than five years after 
the event occurred. 

3. Projects that had other characteristics that we determined to 
warrant further review, such as events with $0 amounts listed in 
FHWA's FMIS database for total cost or which had expended relatively 
small amounts of funding compared with the obligated amounts in FMIS. 

Prior to our site visits, we requested that the division offices 
provide all documentation they maintain for each of the projects 
selected in our sample. We reviewed all the documentation provided 
during our site visits, and requested follow-up information as 
necessary. In conducting our file review, a GAO analyst independently 
reviewed each file and completed a data collection instrument to 
document the eligibility documentation that was included for each 
file. A second reviewer independently reviewed the file to verify 
whether the specific information identified by the first reviewer was 
present in the file. The analysts met to discuss and resolve any areas 
of disagreement until a consensus was reached on whether the required 
information was included in the file. To gather additional information 
on the project files we reviewed and the procedures used to manage and 
oversee emergency relief projects, we interviewed officials in the 
FHWA division offices and the departments of transportation in our 
three selected states. We provided the results of our file review to 
FHWA for their comment and incorporated their responses as necessary 
within our analysis. 

Lastly, we contacted state and local audit organizations through the 
National Association of State Auditors, Comptrollers, and Treasurers 
for the three states we reviewed, as well as North Dakota, to obtain 
reports or analyses that were conducted on FHWA's Emergency Relief 
Program. None of the states in our review had conducted substantive 
work on the Emergency Relief Program. 

We conducted this performance audit from November 2010 to November 
2011 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: Summary of Emergency Relief Funding for Projects at 
Devils Lake, North Dakota: 

Devils Lake in North Dakota lies in a large natural basin and lacks a 
natural outlet for rising water to flow out of the lake. Starting in 
the early 1990s, the lake level has risen dramatically--nearly 30 feet 
since 1992--which has threatened the roadways near the lake which were 
built in the 1930s and 1940s when lake water levels were lower. In 
April 2000, FHWA issued a memorandum that authorized raising the roads 
at Devils Lake in response to a predicted rise in the water level of 
the lake that was within 3 feet of causing inundation, as forecasted 
by the National Weather Service or U.S. Geological Survey. This 
allowance to repair roadways prior to damages incurred by an event is 
a unique provision for the FHWA Emergency Relief Program, which 
otherwise funds only post-disaster repair or restoration. The basin 
flooding events at Devils Lake also precipitated a related problem at 
Devils Lake, as some communities around the lake plugged culverts 
under roadways to impound rising water and protect property from 
flooding, which increased the roadways' risk of failure. These roads 
were subsequently referred to as "roads-acting-as-dams" which required 
additional improvements to ensure their structural integrity to serve 
as dams. 

Devils Lake projects involve multiple stakeholders, depending on the 
location and type of roadway. FHWA's North Dakota division office is 
responsible for overseeing the Emergency Relief Program projects 
administered by North Dakota department of transportation. FHWA's 
Office of Federal Lands Highway is responsible for the oversight of 
the Emergency Relief on Federally Owned Roads program, which covers 
projects on the Spirit Lake Tribe Indian Reservation. The Central 
Division of Federal Lands Highway leads the overall coordination among 
the federal, state, and local agencies. FHWA reported that the two 
FHWA offices are working together to address the roads-acting-as dams 
projects which affect state highways and roads on the Sprit Lake Tribe 
Indian Reservation. The North Dakota department of transportation and 
the Spirit Lake Tribe are responsible for administering the 
construction projects on their respective roads. 

To ensure the integrity of the roads at Devils Lake, Congress included 
funding provisions in Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to raise 
the roadways and make improvements to roads-acting-as-dams. Through 
SAFETEA-LU, Congress authorized up to $10 million of Emergency Relief 
Program funds to be expended annually, up to a total of $70 million, 
for work in the Devils Lake region of North Dakota to address the 
roads-acting-as-dams situation.[Footnote 73] These funds are known as 
section 1937 funds for the provision in SAFETEA-LU which authorized 
them. In the absence of other authority, this $10 million must come 
out of the $100 million annual authorization of contract authority 
that funds the Emergency Relief Program, effectively reducing the 
annual emergency relief funding available to other states to $90 
million. SAFETEA-LU also included language that exempted the work in 
the Devils Lake area from the need for further emergency declarations 
to qualify for emergency relief funding.[Footnote 74] 

[End of section] 

According to a June 24, 2011, FHWA policy memo, the final allocation 
of section 1937 funds was made on March 16, 2011, and the $70 million 
limit has been reached. Although rising water levels at Devils Lake 
are expected to continue into the future, no further federal-aid 
highway funds are eligible to raise roads-acting-as-dams or to 
construct flood control and prevention facilities to protect adjacent 
roads and lands. 

[End of section] 

Appendix III: Results of GAO's File Review of Emergency Relief Project 
Documentation Available in Three FHWA Division Offices: 

Figure 6 represents the results of our review of 88 selected project 
files from FHWA's division offices in New York, Texas, and Washington 
state. Our data collection instrument was used to collect the values 
for each field during our file review, and that information was 
summarized and analyzed by at least two GAO analysts (see appendix I 
for a complete discussion of our file review methodology). 

Figure 6: Results of GAO's File Review of Emergency Relief Projects in 
Three FHWA Division Offices: 

[Refer to PDF for image: illustrated table] 

New York: 

GAO project number: NY-1; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: 
Betterment: 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-2; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was not on 
file; 

GAO project number: NY-3; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was not on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-4; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file but 
only partially complete; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-5; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file but 
only partially complete; 
Repair cost estimate: Documentation was on file but only partially 
complete; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-6; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-7; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-8; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-9; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-10; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was not on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-11; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file but 
only partially complete; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Unable to determine the value based on documentation on 
file[E]; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-12; 
DDIR on file: Documentation was on file but only partially complete; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was not on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-13; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was not on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-14; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file but 
only partially complete; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-15; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was not on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-16; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file but 
only partially complete; 
Repair cost estimate: Documentation was on file but only partially 
complete; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-17; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was not on file; 
State/local engineer signature on DDIR: Documentation was on file but 
only partially complete; 
Repair cost estimate: Documentation was on file but only partially 
complete; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-18; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-19; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-20; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-21; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: NY-22; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file but only 
partially complete; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: Unable to 
determine the value based on documentation on file[B]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: 

Texas: 

GAO project number: TX-1; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was on 
file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-2; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-3; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-4; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-5; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: 

GAO project number: TX-6; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-7; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-8; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file but only partially 
complete; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: TX-9; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-10; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: TX-11; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: TX-12; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: TX-13; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: 
Betterment: 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-14; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-15[A]; 
DDIR on file: Not applicable to that project; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Not applicable to that project; 
Repair type: Not applicable to that project; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Not applicable to that project; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-16; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file[C]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-17; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file[C]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-18; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was not on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project;  
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;  
FHWA verification of completion within 180 days: Not applicable to 
that project;  
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-19; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file[C]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-20; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was not on file; 
Repair type: 
Completion date recorded in file for 100% funded work: Not applicable 
to that project;  
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;  
FHWA verification of completion within 180 days: Not applicable to 
that project;  
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-21; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-22; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-23; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-24; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: 
FHWA verification of completion within 180 days: 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-25[A]; 
DDIR on file: Not applicable to that project;  
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Not applicable to that project;  
Repair type: Not applicable to that project;  
Completion date recorded in file for 100% funded work: Not applicable 
to that project;  
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;  
FHWA verification of completion within 180 days: Not applicable to 
that project;  
Betterment: Not applicable to that project;  
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-26; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file[C]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-27; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was not on file; 
Repair type: 
Completion date recorded in file for 100% funded work: Not applicable 
to that project;  
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;  
FHWA verification of completion within 180 days: Not applicable to 
that project;  
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-28; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-29; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: TX-30; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Not applicable to that project;  
State/local engineer signature on DDIR: Not applicable to that 
project;  
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

Washington State: 

GAO project number: WA-1; 
DDIR on file: Documentation was on file but only partially complete; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-2; 
DDIR on file: 
FHWA engineer signature on DDIR: Unable to determine the value based 
on documentation on file; 
State/local engineer signature on DDIR: Unable to determine the value 
based on documentation on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-3; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-4; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file but only partially complete; 
FHWA verification of completion within 180 days: Documentation was on 
file but only partially complete; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: WA-5; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: WA-6; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Incidental permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was not on 
file. 

GAO project number: WA-7; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Permanent repair; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project;   
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Not applicable to 
that project;   
Betterment: Unable to determine the value based on documentation on 
file[E]; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-8; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Unable to determine the value based 
on documentation on file; 
State/local engineer signature on DDIR: Unable to determine the value 
based on documentation on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project;   
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Not applicable to 
that project;   
Betterment: Unable to determine the value based on documentation on 
file[E]; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-9; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Incidental permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file[D]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-10; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: 
FHWA verification of completion within 180 days: 
Betterment: 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-11; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   Documentation was not on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-12; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-13; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-14; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was not on 
file. 

GAO project number: WA-15; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: 
Betterment: Unable to determine the value based on documentation on 
file[E]; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-16; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: WA-17; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Unable to determine the value based on documentation on 
file[E]; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-18; 
DDIR on file: Documentation was not on file; 
FHWA engineer signature on DDIR: Unable to determine the value based 
on documentation on file; 
State/local engineer signature on DDIR: Unable to determine the value 
based on documentation on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Unable to determine the value based on documentation on 
file; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;   
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Unable to determine the value based on documentation on 
file[E]; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-19; 
DDIR on file: Not applicable to that project;     
FHWA engineer signature on DDIR: Not applicable to that project;     
State/local engineer signature on DDIR: Not applicable to that 
project;     
Repair cost estimate: Not applicable to that project;     
Repair type: Not applicable to that project;     
Completion date recorded in file for 100% funded work: Not applicable 
to that project;     
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;     
FHWA verification of completion within 180 days: Not applicable to 
that project;     
Betterment: Not applicable to that project;     
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-20; 
DDIR on file: Not applicable to that project;     
FHWA engineer signature on DDIR: Not applicable to that project;     
State/local engineer signature on DDIR: Not applicable to that 
project;     
Repair cost estimate: Not applicable to that project;     
Repair type: Not applicable to that project;     
Completion date recorded in file for 100% funded work: Not applicable 
to that project;     
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project;     
FHWA verification of completion within 180 days: Not applicable to 
that project;     
Betterment: Not applicable to that project;     
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-21; 
DDIR on file: Documentation was on file but only partially complete; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Incidental permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-22; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: 
Betterment: 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-23; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-24; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Unable to determine the value based on documentation on 
file[E]; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-25; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was not on 
file. 

GAO project number: WA-26; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Incidental permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-27; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Unable to determine the value based on documentation on 
file[E]; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-28[A]; 
DDIR on file: Not applicable to that project; 
FHWA engineer signature on DDIR: Not applicable to that project; 
State/local engineer signature on DDIR: Not applicable to that project; 
Repair cost estimate: Not applicable to that project; 
Repair type: Not applicable to that project; 
Completion date recorded in file for 100% funded work: Not applicable 
to that project; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Not applicable to 
that project; 
Betterment: Not applicable to that project; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-29; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-30; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: WA-31; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/incidental permanent/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: WA-32; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Incidental permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file[D]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-33; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/incidental permanent/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was on 
file. 

GAO project number: WA-34; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was not on file; 
Repair type: Emergency repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was on file; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-35; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/incidental permanent/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was on file but only partially complete; 
Dates provided show 100% funded work completed in 180 days: 
Documentation was not on file[D]; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was not on file; 
Benefit-cost analysis on file for betterment: Not applicable to that 
project. 

GAO project number: WA-36; 
DDIR on file: Documentation was on file; 
FHWA engineer signature on DDIR: Documentation was on file; 
State/local engineer signature on DDIR: Documentation was on file; 
Repair cost estimate: Documentation was on file; 
Repair type: Emergency/Permanent repair; 
Completion date recorded in file for 100% funded work: Documentation 
was not on file; 
Dates provided show 100% funded work completed in 180 days: Not 
applicable to that project; 
FHWA verification of completion within 180 days: Documentation was not 
on file; 
Betterment: Documentation was on file; 
Benefit-cost analysis on file for betterment: Documentation was not on 
file. 
    
Source: GAO analysis.  

[A] These projects had been withdrawn by states as they had been 
determined ineligible by FHWA for emergency relief funds or were 
reimbursed through a third party insurance settlement. 

[B] The information provided included the month and year repairs were 
completed; without an exact date, we could not confirm completion was 
within 180 days of the disaster occurrence. 

[C] The completion dates provided were beyond the first 180 days after 
the disaster occurrence and were also for a mix of emergency and 
permanent repairs, but the state or division remarks field in FHWA's 
Fiscal Management Information System modifications to the federal-aid 
project agreements noted completion within 180 days. 

[D] The state or division remarks field in FHWA's Fiscal Management 
Information System modifications to the federal-aid project agreements 
noted that portions of the repairs were not completed within 180 days 
of the disaster occurrence and the federal share was modified 
appropriately. 

[E] These project files contained an indication that the project was a 
betterment-—for example, discussion of the project's cost savings to 
the Emergency Relief Program—-although the term betterment was not 
specifically used, or the scope of work of the project matched the 
Emergency Relief Manual's description of betterments. 

[End of figure] 

[End of section] 

Appendix IV: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Phillip Herr, (202) 512-2834 or herrp@gao.gov: 

Staff Acknowledgments: 

In addition to the individual named above, other key contributors to 
this report were Steve Cohen, Assistant Director; Hiwotte Amare; Matt 
Barranca; Melinda Cordero; Lorraine Ettaro; Colin Fallon; Bert 
Japikse; Catherine Kim; Hannah Laufe; Kelly Liptan; Scott McNulty; 
Josh Ormond; and Tina Won Sherman. 

[End of section] 

Footnotes: 

[1] Federal-aid highways are roads that are eligible to receive 
federal funding through a series of formula grant programs 
collectively known as the federal-aid highway program. About 1 million 
miles of roadway across the country are eligible for federal aid and 
these roads accounted for about 83 percent of the vehicle miles 
traveled on the nation's roadways in 2007. The federal government has 
provided assistance to states in response to natural disasters for 
many years. The Emergency Relief Fund was established in 1938 (Act of 
June 8, 1938, 75th Cong., 3d. Sess., ch. 328, § 4, 52 Stat. 633, 634-
635). 

[2] The Highway Trust Fund is funded on a user-pay principle; it 
derives revenues primarily from taxes collected on motor fuel and 
truck-related items and distributes that revenue to the states 
primarily though a series of formula grant programs collectively known 
as the federal-aid highway program. The Highway Trust Fund was created 
in 1956 (Highway Revenue Act of 1956, Pub. L. No. 84-627, § 209, 70 
Stat. 387, 397). Contract authority allows federal agencies to incur 
obligations in advance of appropriations. A subsequent appropriation 
is needed to liquidate the obligations. Pursuant to this authority, up 
to $100 million is authorized to be obligated in any one fiscal year 
for the program. Any unobligated balance remains available until 
expended. 23 U.S.C. § 125(c)(1). 

[3] GAO, Highway Emergency Relief: Reexamination Needed to Address 
Fiscal Imbalance and Long-term Sustainability, [hyperlink, 
http://www.gao.gov/products/GAO-07-245] (Washington, D.C.: Feb. 23, 
2007). 

[4] Pub. L. No. 109-59, § 1112, 119 Stat. 1144, 1171 (2005). 

[5] [hyperlink, http://www.gao.gov/products/GAO-07-245]. 

[6] Pub. L. No. 93-288, 88 Stat. 143 (1974), as amended, codified at 
42 U.S.C. ch. 68. In September 2011, the Federal Emergency Management 
Agency issued the National Disaster Recovery Framework which provides 
a structure for federal, state, tribal, and local agencies to 
coordinate disaster recovery activities in response to Stafford Act 
events, which may include emergency relief from FHWA. See Federal 
Emergency Management Agency, National Disaster Recovery Framework: 
Strengthening Disaster Recovery for the Nation (Washington, D.C., 
September 2011). 

[7] 23 U.S.C. § 125(d). 

[8] 23 U.S.C. § 125(c)(1). 

[9] 23 U.S.C. § 125(d). 

[10] The criteria for administering emergency relief funds are set out 
in 23 C.F.R. Part 668. See, also, FHWA, Emergency Relief Manual 
(Washington, D.C., November 2009). The $700,000 threshold reflects a 
presumption that lesser repairs should be covered as heavy maintenance 
or routine repair activities and paid for using other funds. See 23 
C.F.R. § 688.105. 

[11] The Emergency Relief Manual makes a distinction between current 
design standards and "betterments," which change the function or 
character of the facility and are discussed later in this report. The 
program manual states that repaired facilities may be built to current 
design standards, which could result in improved or added features 
that do not change the function or character of the facility. For 
example, a repaired length of roadway may have wider lanes or 
shoulders and additional roadside safety hardware that result from 
following current design standards. According to the manual, these 
features are not betterments. 

[12] 23 U.S.C. § 120(e). 

[13] The Emergency Relief Program also funds the repair of roads on 
federal lands through the Emergency Relief for Federally Owned Roads 
Program, which is administered through FHWA's Office of Federal Lands 
Highway. This program is intended to fund unusually large expenses to 
repair and reconstruct roads and bridges on federal lands that are 
seriously damaged by a natural disaster or a catastrophic failure. The 
program may fund 100 percent of the cost of repairs to federal roads. 

[14] States with high percentages of federally owned public lands may 
be reimbursed at a higher federal share percentage, in accordance with 
a predetermined sliding scale percentage. 

[15] 23 C.F.R. Part 668. 

[16] FHWA allocates available budget authority to states in a manner 
that is in some respects similar to the process by which funding is 
apportioned for purposes of the federal-aid highway formula grant 
programs. Unlike those programs, however, allocation has no statutory 
or even regulatory basis. However, as with apportionments, when funds 
are allocated, cash is not actually disbursed. Instead, states are 
notified that they have federal funds available for their use. As 
projects are approved, funding is obligated. Federal funds are only 
expended when the federal government makes payments to the states for 
costs as work is completed. 

[17] 23 U.S.C. § 106(a)(2),(3). 

[18] Only funds for programs authorized under title 23 of the U.S. 
Code are available for emergency relief work. 

[19] 23 U.S.C. § 125(c)(2). 

[20] Pub. L. No. 102-240, § 1016, 105 Stat. 1914, 1945 (1991), 
codified as positive law at 23 U.S.C. § 106(c). See, also, 23 U.S.C. § 
106(g) requiring federal oversight. 

[21] The National Highway System is approximately 160,000 miles of 
roadway, and it includes the Interstate Highway System as well as 
other roads important to the nation's economy, defense, and mobility. 

[22] Each state’s department of transportation and the FHWA division 
office in that state have a federal-aid program stewardship and 
oversight agreement in place which documents the expectations and 
roles and responsibilities of the state and FHWA in implementing the 
federal-aid highway program. 

[23] [hyperlink, http://www.gao.gov/products/GAO-07-245]. 

[24] [hyperlink, http://www.gao.gov/products/GAO-07-245]. 

[25] [hyperlink, http://www.gao.gov/products/GAO-07-245]. 

[26] U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007. Pub. L. No. 110-28, title IV, 
ch. 8, 121 Stat. 112, 160 (2007). 

[27] Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009, Pub. L. No. 110-329, div. B, title I, ch. 
10, 122 Stat. 3574, 3598 (2008). 

[28] Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, div. 
K, title I, 121 Stat. 1844, 2384 (2008). This supplemental 
appropriation followed separate legislation passed soon after the 
bridge collapsed, in which Congress authorized $250 million in 
emergency relief funds for this project. See Pub. L. No. 110-56, § 
1(c), 121 Stat. 558 (2007). 

[29] Of the $2.4 billion that FHWA allocated to states from fiscal 
years 2007 through 2010, about 59 percent ($1.4 billion) was allocated 
for events that occurred during those years. FHWA allocated the 
remaining 41 percent ($988 million) for events that occurred from 
fiscal years 2001 through 2006. 

[30] [hyperlink, http://www.gao.gov/products/GAO-07-245]. 

[31] Department of Defense, Emergency Supplemental Appropriation to 
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006, Pub. L. No. 109-148, ch. 9, 119 Stat. 2778 (Dec. 30, 2005). 

[32] This amount includes $195 million made available through the 
December 2007 supplemental appropriation. 

[33] The National Transportation Safety Board later determined that 
the probable cause of the collapse was inadequate load capacity of 
critical bridge components due to an error in the bridge's design. See 
National Transportation Safety Board, Collapse of I-35W Highway 
Bridge, Minneapolis, Minnesota, August 1, 2007, Highway Accident 
Report NTSB/HAR-08/03 (Washington, D.C., Nov. 14, 2008). Emergency 
Relief Program rules define a catastrophic failure as a sudden failure 
of a major element or segment of a federal road which is not primarily 
attributable to gradual and progressive deterioration or lack of 
proper maintenance. 

[34] Pub. L. No. 110-56, § 1(a), (b), 121 Stat. 558 (2007). 

[35] In 1996, FHWA amended its Emergency Relief Program regulations to 
explicitly provide that raising road grades in response to an 
unprecedented rise in basin water levels was an emergency relief-
eligible activity. 23 C.F.R. § 668.109(b)(8). 

[36] Pub. L. No. 109-59, § 1937, 119 Stat. 1510 (2005). 

[37] Appendix II provides additional information on Devils Lake 
emergency relief projects. 

[38] 23 C.F.R. § 668.113(a). 

[39] The Transportation Equity Act for the 21st Century (TEA-21), Pub. 
L. No. 105-178, § 1217(a), 112 Stat. 107, 214 (1998). 

[40] According to FHWA's Emergency Relief Manual, a pending request is 
considered an initial estimate of emergency relief needs that is 
subject to change and is not to result in an actual emergency relief 
allocation. Instead, pending requests are used to keep FHWA's Office 
of Program Administration apprised of the most current needs for any 
known eligible event. 

[41] SAFETEA-LU directed DOT, along with WSDOT and the city of 
Seattle, Washington, to conduct a comprehensive study to determine the 
specific damage to the Alaskan Way Viaduct from the 2001 earthquake 
and the amount of assistance from the emergency relief fund for which 
the viaduct is eligible. Pub. L. No. 109-59, § 1934, 119 Stat. 1482. 

[42] FHWA, WSDOT, Seattle City Department of Transportation, Alaskan 
Way Viaduct Emergency Relief Eligibility, Report to Congress 
(Washington, D.C., June 2007). 

[43] The regulatory agenda is a semiannual summary of all current and 
projected rulemakings, reviews of existing regulations, and recently 
completed actions of the DOT. 

[44] According to DOT's Spring 2011 regulatory agenda, the rulemaking 
would have considered amending 23 C.F.R. Part 668 to update the annual 
threshold for an emergency relief event, raise the site threshold and 
clarify the definition of a site and other definitions, and provide 
specific time limit restrictions for states when filing a claim for 
emergency relief eligible work. This rulemaking would also have 
considered requiring states to develop a plan for obligation needs for 
emergency relief funding and impose restrictions on the applicability 
of "quick release" emergency relief allocations. 

[45] [hyperlink, http://www.gao.gov/products/GAO-07-245]. We also 
recommended that in the event these funds are not needed for other 
eligible projects, FHWA should identify these funds to Congress either 
for rescission or to reduce future appropriations. 

[46] The $367 million in unused allocations were withdrawn on two 
separate occasions: on December 1, 2009, FHWA withdrew $105 million, 
and on November 24, 2010, FHWA withdrew $262 million. 

[47] FHWA redistributed this $295 million, as well as other funds made 
available to the program, through two separate allocations to states. 
In March 2010, FHWA allocated approximately $339 million to states, 
which included amounts from the first withdrawal of $105 million from 
December 2009. In April 2011, FHWA allocated $320 million to states, 
which included amounts from the second withdrawal of $262 million. 

[48] Unobligated funds refer to amounts that have been allocated to 
states by FHWA, but have yet to be obligated for specific projects. 
This amount includes all allocations to states as of the end of May 
2011. 

[49] In total, as of the end of May 2011, $97 million made available 
to New York for emergency relief in response to the September 11, 
2001, terrorist attacks has yet to be used. This includes the 
unobligated balance of $52 million, as well as an additional $45 
million that has been obligated to projects but not expended as of the 
end of May 2011. This unexpended balance is discussed later in this 
report. 

[50] Unexpended funds refer to program funding that has been obligated 
to specific projects but has yet to be paid out to states (expended) 
in reimbursement for completed work. 

[51] DOT, Agency Financial Report Fiscal Year 2010 (Washington, D.C., 
Nov. 8, 2010), and DOT, Office of Inspector General, Report on 
Inactive Obligations, FHWA, Report No. FI-2004-039 (Washington, D.C., 
Mar. 31, 2004). 

[52] Our 2007 recommendation was that FHWA revise its regulations to 
tighten program eligibility criteria, which could include limitations 
on the use of emergency relief funds to fully finance projects that 
grew in scope and cost as a result of environmental and community 
concerns. We also recommended that Congress consider tightening the 
eligibility criteria for emergency relief funding, either through 
amending the purpose of the Emergency Relief Program, or by directing 
FHWA to revise its program regulations. 

[53] GAO, Emergency Relief: Status of the Replacement of the Cypress 
Viaduct, [hyperlink, http://www.gao.gov/products/GAO/RCED-96-136] 
(Washington, D.C: May 6, 1996). The Cypress Viaduct was a two-tiered 
portion of Interstate 880 and an integral component of the area's 
transportation system. 

[54] In response to our recommendation, FHWA amended its guidance to 
more clearly indicate when limits should be placed on emergency relief 
funding, and when full funding is appropriate, and we closed this 
recommendation. 

[55] [hyperlink, http://www.gao.gov/products/GAO-07-245]. 

[56] The Surface Transportation Assistance Act of 1982 established the 
federal share as 100 percent at the time the Devil's Slide rockslide 
occurred. See 23 U.S.C. § 120(f)(1982). In addition, the 
Transportation Equity Act for the 21st Century (TEA-21), enacted in 
1998, made the Devil's Slide project eligible for Emergency Relief 
Program funding. Pub. L. No. 105-178, § 1217(a), 112 Stat. 107, 214 
(1998). 

[57] Had the Devil's Slide project been funded through the state's 
regular federal-aid highway program, it would have been eligible to 
receive 88.5 percent federal funding or approximately $558 million--
about $73 million less than the $631 million estimated total project 
cost to be reimbursed through the Emergency Relief Program. 

[58] [hyperlink, http://www.gao.gov/products/GAO-07-245]. 

[59] Among the 88 projects in our review, 5 projects had been 
withdrawn by states as FHWA had determined them ineligible for 
emergency relief funds, or they were reimbursed through a third party 
insurance settlement, bringing the total number of projects reviewed 
to 83. 

[60] 23 C.F.R. § 668.113. 

[61] 23 U.S.C. § 106(c)(2) states that for projects that are not on 
the National Highway System, the state shall assume the 
responsibilities of the Secretary of Transportation under this title 
for design, plans, specifications, estimates, contract awards, and 
inspection of projects, unless the state determines that such 
assumption is not appropriate. 

[62] For example, the FHWA Washington state division had approved a 
project to repair erosion on a state road caused by flooding, 
including improvements to the roadway for which a cost-savings to the 
Emergency Relief Program was claimed. The approved DDIR on file 
indicated a total estimated cost of $2 million, but our review of FMIS 
records found that the total cost had grown to $2.8 million--36 
percent more than the approved estimate--without documentation to 
support the increase. 

[63] Emergency repairs must be completed within 180 days from the 
event to be eligible for 100 percent federal funding. See 23 U.S.C. § 
120(e); also see the FHWA regulation 23 C.F.R. § 668.107(a). 

[64] 23 U.S.C. § 106(c)(2). 

[65] These inspections include an on-site review of completed work and 
documentation maintained in the TXDOT project files to determine 
whether emergency repair project charges were incurred after the 180 
day time frame, and if so, whether the federal share was changed to 80 
percent. 

[66] Permanent repair projects--and emergency repair project costs 
after the first 180 days--are typically reimbursed using an 80 or 90 
percent federal share depending on the percentage normally provided 
for work on that type of federal-aid highway. 

[67] Eight of the Washington state projects in our sample included 
incidental repairs. An incidental repair is a permanent repair 
performed as an incidental part of the emergency repair work. Prior to 
the November 2009 revisions to the Emergency Relief Manual, FHWA 
treated incidental repairs as eligible for reimbursement based on 100 
percent federal share. The incidental repairs included in the total 
took place prior to the manual revision and received 100 percent 
federal share reimbursement. 

[68] 23 C.F.R. § 668.109(b)(6). The Emergency Relief Manual states 
that a proposed betterment may be considered eligible for emergency 
relief if it includes a benefit-cost analysis demonstrating a 
projected savings in future recurring repair costs under the Emergency 
Relief Program. 

[69] The 15 projects in our sample were identified as betterments 
based either on documentation in the files or by FHWA division office 
officials with whom we spoke. 

[70] These eight projects were identified as possible betterments 
because the project files contained documentation discussing cost 
savings to the Emergency Relief Program or the scope of work matched 
the Emergency Relief Manual descriptions of the types of repairs that 
are only eligible for emergency relief funding if the project is an 
FHWA approved betterment. Examples provided in the Emergency Relief 
Manual include stabilizing slide areas and slopes, lengthening or 
raising bridges, replacing culverts with bridges, and adding lanes to 
the highway, among others. 

[71] [hyperlink, http://www.gao.gov/products/GAO-07-245]. 

[72] We also reviewed three older projects in Washington state that 
were selected because the projects had more than $1 million in 
obligated federal funds from events in fiscal years 2001 through 2006 
and were on the backlog of funding requests at the time of review. 

[73] Pub. L. No. 109-59, § 1937, 119 Stat. 1510 (2005). 

[74] Ibid. § 1937 (a) 

[End of section] 

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