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Applying for Emergency Relief Grants

If funding is available for FTA’s Emergency Relief (ER) Program , transit agencies must first seek reimbursement from FTA. If funding is not available under FTA’s ER Program, FEMA’s Public Assistance (PA) Program may be able to assist in replacing damaged or destroyed property. Transit agencies should work with the state department of transportation (SDOT) or emergency management agency (EMA) per the state’s disaster recovery plan. Transit agencies should also contact their insurance companies regarding coverage.  Section 5307 or 5311 funding may also be used to reimburse a transit agency for disaster related expenses, but it is recommended that this funding source only be used if FTA ER, FEMA PA, and insurance proceeds are insufficient to fund repairs.

If funding is available under the ER Program, FTA may award funding for emergency operating expenses. If FTA ER funding is not available, a transit agency should contact state emergency management officials, which establish the process for disaster reimbursement applications, in coordination with FEMA. Reimbursements from FEMA are eligible if the disaster is Presidentially-declared.  Section 5307 or 5311 funding may also be used to reimburse a transit agency for disaster related expenses, but it is recommended that this funding source only be used if FTA ER and FEMA Public Assistance funding is insufficient to fund repairs.

Subrecipients should coordinate with their FTA pass-through entity, who must apply for ER funds on their behalf.  The same documentation required of FTA direct recipients is required of pass-through entities applying for ER funds on behalf of subrecipients.  Pass-through entities must ensure that its subrecipients comply with all ER requirements.

FTA’s ER program functions on a reimbursement basis. 

As grant applications are developed, FTA will review the proposed activities to ensure they are only used for eligible purposes and are in compliance with all applicable Federal requirements.  FTA will also include special grant conditions that may be applicable for ER funds.

Once projects are awarded in grants, recipients are required to submit quarterly Federal Financial Reports and Milestone Progress Reports to FTA to provide information about the status of the projects, regardless of grant amount. FTA will also undertake additional oversight, including Triennial Reviews and State Management Reviews and other reviews as necessary.

For resilience projects, specifically to receive FTA ER funding, the State or Territory must prepare a program of projects and submit it to FTA for advance review and approval before moving forward with expenditures.


Evacuations & Complementary Demand Response Services

FTA encourages transit agencies to work with local government officials and human service agencies to identify individuals who need transportation services.

Transit agencies may simply give individuals with evacuation shelter identification free access to the fixed routes within the transit system. Transit agencies that want to give paper passes or tokens may consider establishing distribution desks at shelters. Transit agencies should contact their state emergency management office and FEMA regional office to apply for reimbursement of transit passes as an eligible expense.

Federal law does not require transit agencies to charge fares.

FTA encourages transit agencies to take a leadership role in convening a meeting of all human services and transportation providers in the community or area to identify the resources available to address the transportation needs of evacuees who require specialized transportation services. Potential transportation providers may include schools, senior centers, head start programs, health centers, churches, and other organizations that have vehicles typically used for transporting specific populations. Transportation resources can be matched at the types and levels of need identified by shelters and other social service agencies to provide a coordinated plan.

FTA encourages transit agencies to provide service to all evacuees who request paratransit service, even if the individuals don’t have identification or documentation that they are eligible. Transit agencies can comply with federal requirements by granting visitor status for a reasonable time, which may exceed the 21 days provided for in the DOT ADA regulation. If an evacuee permanently relocates, use of the local eligibility process is appropriate to determine long-term eligibility for ADA services.

ADA paratransit requirements will apply to the new routes. However, FTA recognizes that the sudden influx of evacuees who need ADA paratransit service may place additional demands on a paratransit system, possibly resulting in unavoidable trip denials, long waits, or an inability to provide next-day service. In determining whether an ADA paratransit system is experiencing significant trip denials, missed trips, untimely pickups, or long trip times, FTA will consider whether these incidents are due to circumstances outside of the transit agency’s control.

Paratransit expenses related to disaster response and recovery, such as assisting with evacuations and providing paratransit service complementary to temporary bus routes serving evacuation shelters, are eligible expenses under the ER Program.  Transit agencies should keep records of transportation services provided to evacuees and the cost of these services. IF FTA ER funds are not available, transit agencies should contact their state emergency management office to make the office aware of their expenses and for information on whether such expenses are eligible for reimbursement through other programs.

Transit agencies can work with local government agencies and human services providers in advance of an emergency to obtain registries where individuals have voluntarily identified themselves as requiring transportation assistance. Transit agencies may also explore shared data use agreements with human services agencies to continue identifying those individuals who will require transportation assistance.

During an emergency, FTA encourages transit agencies to work quickly to notify individuals who require transportation assistance of the time and place of pickup and to dispatch drivers in vehicles, including accessible vehicles. Transit agencies may also consider launching an emergency hotline regarding transportation evacuation information as well as posting information on websites and social media.

FTA & Other Federal Requirements

Transit agencies may add new routes to assist relocated residents at their discretion. Transit agencies that receive funds through their state department of transportation should coordinate their plans to change service with their state transit office or local government, as appropriate.

Yes. Transit agencies should contact their local transportation authorities about temporary changes in service areas to meet the needs of evacuees and relocated residents.

Transit agencies may take actions that would not be considered open door, such as providing service for evacuations, returning evacuees from shelters to their homes, transporting utility workers, and providing service to shelter residents, as long as these actions are directly related to an emergency declared by the President, governor, or mayor, or are directly related to an emergency requiring immediate action prior to a formal declaration. Transit agencies may provide such services for up to 45 days. If the declared emergency lasts more than 45 days, transit agencies must follow the procedures set out in 49 CFR Part 601, Subpart D – Emergency Procedures for Public Transportation Systems (see Appendix B of FTA’s Emergency Relief Manual and Guide).

Yes. FTA considers the loan of vehicles for this use to be a permissible “incidental use.” Transit agencies and other entities involved in borrowing and lending of vehicles should communicate with their insurance companies to determine insurance coverage. FTA encourages transit agencies to reach agreements with other public and private agencies that may have vehicles the agencies can borrow for emergency evacuations in advance of emergencies. Transit agencies may contact the American Public Transportation Association (APTA), which, through funding from FTA, is facilitating these agreements.

FTA will not take punitive actions against transit agencies that are unable to provide normal service because of a declared emergency or disaster.

Emergency and permanent repair projects may qualify for a C-List or D-List Categorical Exclusion if they do not involve changes to the capacity, location, or function of public transportation assets.  Please see “National Environmental Policy Act Review Process” in section four of FTA’s Emergency Relief Manual for details.

Emergency and permanent repairs do not need to be in the TIP/STIP as long as the repairs do not include any changes to the location, capacity, or function of the transit asset.  Any repair projects that change the location, capacity, or function of the transit asset must be in the TIP/STIP prior to incurring those costs.  All resilience projects must be in the TIP/STIP prior to incurring costs.  For more information, please see section “Metropolitan & Statewide Planning Requirements” in section four of FTA’s Emergency Relief Manual.

All Americans with Disabilities Act (ADA) requirements apply to ER grants and all recovery and resilience projects must be ADA compliant, including “path of travel” requirements when rehabilitating passenger facilities.  Applicants should coordinate with their FTA Regional Civil Rights Officer early in the grant development process to ensure all requirements are being met.  Repair and rebuilding projects using ER funds should be designed to be compliant with ADA requirements.

Yes. Unless a resilience funding recipient is granted a waiver, all standard planning and grant requirements apply to projects funded through the resilience allocations.

FTA will not take punitive actions against grantees that can no longer carry out the purposes of an open grant because of a declared emergency or disaster. FTA will help grantees determine opportunities to change the grant for other eligible purposes. Grantees should contact their regional FTA office to discuss possible options.

Yes. Transit agencies may place buses in an inactive contingency fleet in preparation for emergencies. However, transit agencies may not transfer buses to a contingency fleet before they have reached the end of their minimum normal service life. Transit agencies must store and maintain buses in a contingency fleet and must document them in a contingency plan, updated as necessary, to support the continuation of the fleet.

FTA may request information about a contingency fleet during grant application evaluations. FTA may also review contingency plans during Triennial Reviews required for the Section 5307 funding. FTA will consider any buses not supported by a contingency plan as part of the active fleet. Because buses in a contingency fleet are not part of an active fleet, they do not count in the calculation of spare ratio.


General Eligibility

Eligible recipients of FTA Emergency Relief (ER) funding are entities that receive Federal transit funding directly from FTA, whether as a State, a designated recipient of Section 5307 funding, or as a direct recipient of other FTA program funds. Eligible recipients are typically States and public transit systems. Eligible recipients may apply for FTA ER Program funds on behalf of themselves and any subrecipients. 

Funds allocated for response, recovery, and rebuilding may be used for eligible expenses according to statute and FTA regulation, including:

  • Repair / replacement of damaged or destroyed assets to a state of good repair;
  • Emergency operating expenses for evacuations, temporary emergency service, disaster preparation, and temporary repairs/protective measures.

Funds allocated for resilience projects may be spent on capital projects that are designed and built specifically to address existing and future vulnerabilities to damages from disasters. Please see FTA’s Emergency Relief Manual for further detail.

Yes. Transit agencies should document the condition of vehicles, facilities, and other assets against the agencies’ written inventories. Transit agencies can contact their FTA Regional Office for further information.

Documentation for increased emergency operations costs should be consistent with the requirements described in the applicable funding allocation publication and 49 CFR 602.17.   Such documentation should include:

  • Type and description of emergency operations service, including the disaster name and number of people transported (if applicable)
  • Dates and hours of emergency service
  • Number and type of vehicles utilized
  • Total fare revenues collected (if any) during emergency operations
  • Payroll summaries for staff during emergency operations period
  • Applicable contracts for purchased transportation or other services and materials

Documentation for increased costs for capital projects should include a detailed description of the increased costs, specifying what has changed since the last cost estimate.  The description of the increased cost should include the information required by the Emergency Relief Rule at 49 CFR 602.17 and the FTA Emergency Relief Manual section 4 (Preliminary Field Survey and Damage Assessment Report sub-sections).  Any engineering costs required to provide a cost estimate are an eligible ER expense if the costs are allocable to a project that is determined to be eligible under the ER program.

Approval of additional funding may be dependent on availability of funding and other factors to be determined. 

ER funds cannot be used for projects for which FTA has already obligated funds.  For example, if FTA has obligated funding to replace a piece of equipment but before the equipment is replaced it is damaged or destroyed during a disaster, ER funds cannot be used to replace that piece of equipment at a greater Federal share.  The previously obligated grant and its corresponding Federal share must be utilized.

However, if a project with an obligated grant is under construction and is damaged, any additional expense to repair the damage may be eligible under the ER program, depending on the type of project, the type of damage, and what entity was responsible for the project at the time of the storm. 

Under the terms of a Memorandum of Agreement between FEMA and FTA, if and when FTA has funding available after a disaster for emergency relief, FTA will be the primary provider of transit-related emergency relief. 

Due to the timing of FTA’s Emergency Relief funding becoming available, some transit agencies may have already received reimbursement for hurricane related expenses from FEMA.  These reimbursements are allowable under the terms of the FTA-FEMA agreement, however, any expenses previously reimbursed by FEMA are not eligible for assistance under FTA’s ER program. 

If a transit agency has disaster expenses under review by FEMA that have not yet been reimbursed, these must be transferred to FTA’s ER program.  This includes expenses that have already been submitted to FEMA but have not yet been disbursed.

If a transit agency provided services that are not eligible under the FTA ER program, such as providing emergency shelter or meals to evacuees, the transit agency may seek reimbursement for those expenses from FEMA subject to all applicable FEMA requirements.  If the transit agency also provided services eligible under FTA’s ER program, the transit agency may receive funds from both FTA and FEMA.

FEMA will close out your grant request and FTA will work with you to develop your grant application.  Documentation gathered and developed for FEMA assistance, such as Project Worksheets (PWs) will be accepted as applicable for documents required for FTA ER grants.

No.  ER funds may not be used to reimburse contractors for stopped work as a result of a disaster.  However, expenses incurred by the contractor for implementing protective measures that protected assets owned by the transit agency would be considered eligible.

No.  However, if a transit agency allocates project management or oversight staff time to an otherwise eligible ER project, that time would be an eligible expense for that project.

Pre-award authority is available for storm-related expenses beginning on the date disaster preparations began in response to forecasts. Per 49 CFR 602.11, FTA may approve pre-award authority for projects and expenses that alleviate damage caused during an incident period as defined by FEMA or in anticipation of that incident.  When claiming storm-related preparation expenses prior to the arrival of the storm, the grant applicant should include a brief statement that explains the storm-related information they had, when they had it, and the activities/expenses incurred in response to that information.

Yes.  Funding was made available for “transit systems affected by Hurricanes Harvey, Irma, and Maria with major disaster declarations in 2017.”  As such, any transit agency within the Hurricane Harvey, Irma, and Maria declared disaster areas may receive resilience funding regardless of whether it received recovery funding as long as the State or Territory responsible for sub-allocating the resilience funding selects such a project for funding and that the transit agency can affirm it was affected by the storms.

Insurance

Yes. FTA ER funding can be awarded in advance of an expected insurance settlement. If/when an insurance settlement is received, the grant must be amended.  Please see sections “Treatment of Insurance Proceeds” and “Policy on Unallocated Insurance Proceeds” in section four of FTA’s Emergency Relief Manual for details and examples.

Transit operators are responsible for submitting and pursuing insurance claims for covered damages consistent with their policy and coverage. FTA’s allocations of ER funding are intended and designed to supplement a transit agency’s insurance coverage, and are subject to estimates of the amount of insurance proceeds an agency expects to receive, as well as the amounts eventually received under a claim. Each application for FTA ER funds requires that the applicant attach any insurance policies that may cover damage to the assets for which the applicant is requesting ER funding.  

Local Matching Funds

No. Please see section “Federal/Local Cost Sharing” in section four of FTA’s Emergency Relief Manual for additional details on matching funds.

Yes, recipients may use transportation development credits as local match for grants under Section 5324.  Please see section “Federal/Local Cost Sharing” in section four of FTA’s Emergency Relief Manual for additional details on matching funds.

When made available for transportation purposes, CDBG funds may be used as the local match for FTA ER funds.  For information on the availability of CDBG funds, please contact the recipients of the CDBG funds, listed here.

Operating Expenses

No. If a transit agency is not providing service, then the transit agency may not use FTA funds to pay employees who are not engaged in activities related to restoring service, although out-of-work employees may be eligible for Disaster Unemployment Assistance Salaries of employees who are engaged in work to restore service (other than salaried management) are eligible for FTA reimbursement as a normal operating expense.

Transit employees who lose their jobs as a result of a disaster, or who still have their jobs but are unable to work and not drawing paychecks, may apply for Disaster Unemployment Assistance (DUA).  DUA is administered by the United States Department of Labor and provides weekly benefits to persons who are unemployed and not eligible for regular unemployment insurance compensation. Transit agencies should advise their out-of-work employees to contact their State Unemployment Insurance Agency. If transit employees are labor union members, they may also contact their union representatives to determine if additional assistance is available from the unions.

Transit passes are not reimbursable under the FTA Emergency Relief (ER) Program.  State emergency management offices manage FEMA reimbursements. Transit agencies should contact their state emergency management offices to determine whether these offices will consider the reimbursement of transit passes. Transit agencies should also contact human resource partners in their communities to identify other opportunities for providing bus tokens or transit passes. The Federal Interagency Coordinating Council on Access and Mobility has identified federal programs that will pay for gas, bus tokens, and transit passes. In most cases, decisions are made at the state or local level. Appendix E of FTA’s Emergency Relief Manual and Guide contains state emergency contacts links. 

Transit agencies should contact human resource partners in their communities to identify other opportunities for purchasing bus tokens or transit passes. The Federal Interagency Coordinating Council on Access and Mobility has identified multiple federal programs that will pay for gas, bus tokens, and transit passes. In most cases, decisions are made at the state or local level.

No. Only additional service provided on a temporary basis in response to the storm is eligible. For example, additional temporary service on existing routes that are more heavily travelled during evacuation, a bus bridge between rail stations when a section of track is out of service for repairs, or temporary new service to and from an evacuation shelter would be eligible.  Running less frequent service on an existing route for any reason is not an eligible expense.  For example, operator wages on a regular bus route or rail line that is operating on increased headways due to reduced demand in the aftermath of a disaster is not eligible.   Disaster-related costs associated with ramping service up or down, such as putting rolling stock into storage or returning rolling stock to service, are eligible.

Labor costs that can be directly allocated to emergency operations are eligible.  This includes straight-time and over-time.  Stand-by time is eligible as long as the stand-by time expenses were incurred for an eligible activity, for example operators placed on stand-by for evacuations or temporary service.  Leave (administrative or personal) taken during the emergency is not an eligible expense.  Accrued leave and other fringe benefits earned by hourly employees are eligible if the expenses can be allocated to an eligible ER activity and an indirect cost rate is not applied to the grant.  Fringe benefits for all salaried employees, as well as straight-time labor for salaried management are not eligible as a direct cost.  Over-time for salaried management may be eligible as reimbursement for emergency operations if the over-time can be allocated to eligible activities.

Indirect costs, which may include non-allocable fringe benefits, are an eligible expense and may be applied to the grant if the applicant has an approved Cost Allocation Plan or Indirect Cost Rate Proposal, or the applicant may use the de minimis rate if eligible.  Please see “Eligible Projects and Costs” in section four of FTA’s Emergency Relief Manual for more information.

If the service operated was altered in some way due to the storm (i.e. extra buses, route changes, extended service hours, etc.) then it would be eligible as emergency operations.  If the service operated was regular service on its regular schedule, it would not be eligible.

Yes, because it would be considered an emergency operation outside the scope of your normal operations undertaken to respond to the storm.

Since pre-award authority has been granted retroactively to the date on which preparations for the storms began, you should enter into TrAMS the actual dates milestones were accomplished, even if they are before the Award Start Date.  If all activity associated with the grant has been completed, enter an Award End Date six months after the Award Start Date to allow time for the grant to be processed and funds to be disbursed.

Repair, Rebuilding & Other Capital Expenses

Yes. Transit agencies may use FTA capital formula funds to pay for the cost of leasing office space and furnishings. Alternatively, these costs may be eligible for FTA ER funding when available or FEMA reimbursement. Transit agencies should contact their FTA regional office if they wish to use capital formula funds to pay for leasing costs or if they intend to apply for funding under FTA’s ER Program.  Transit agencies should also contact their state emergency management office and FEMA to seek reimbursement for funds spent on leasing office space and furnishings. 

Generally, if the facility was in transit use at the time of the disaster and the facility sustained damage, ER funds will be made available to bring the aspects of the facility that were damaged by the storm up to a state of good repair.

For example, if an administrative building was in use by the transit agency and in poor condition but was flooded with 6 inches of water during the storm, ER funds could be used to repair or replace damaged flooring, drywall, office equipment, etc. at current standards.

If a facility was not in transit use at the time of the damage, whether due to age, condition or other reasons, the damage would not be eligible for repair.  However, ER funds may be available to reimburse for debris removal and other expenses that return the property to a safe status as long as the facility is still owned by the transit agency.

Yes. The projects must have been completed according to all applicable requirements, but because pre-award authority has been extended back to the date on which preparations for the storms began, repair projects that have already been completed are eligible for reimbursement.

Yes, however requirements associated with the “shared use” of the facility may be applicable.

A temporary repair of a facility is unlikely to affect the useful life of a facility.  A permanent repair may extend the useful life, depending on the type of repair.  Determinations on if and how a repair affects the useful life of a facility will be made on a case-by-case basis and will be indicated in the grant agreement.  Considerations will include the remaining useful life of the facility before the storms, the extent of the repairs, and whether the repairs include any resilience features or other improvements.

Such projects should be discussed with the applicable FTA regional office.  Determinations on how or if such projects will be funded will be determined on a case-by-case basis.

ER funds allocated to repair damage to a facility may be used for another eligible project at the discretion of the grant recipient.  However, the purchase or construction of a new replacement facility is only eligible if the damaged facility for which funds are allocated is not repairable and must be rebuilt.

Yes. Recovery funds can be used to repair a facility with materials or features that are more resilient than the original facility if those materials or features are integral to the repair of the facility (not functionally independent) and cost effective.  For example, burying communications cables when replacing cables destroyed during a storm or using a stronger roofing material to replace a roof blown off by the storms may be eligible as recovery expenses.  Features that are functionally independent, such as a sea wall around a facility, are not eligible under the recovery and rebuilding allocations and would need to be funded through the resilience allocation.

Yes. At the applicant’s discretion, FEMA’s Schedule of Equipment Rates may be used to calculate the cost of the use applicant owned equipment in good mechanical condition for ER funding, complete with all required attachments.