CECW-P DEPARTMENT OF THE ARMY ER 1165-2-209
U.S. Army Corps of Engineers
Washington, DC 20314-1000
Engineer Regulation
No. 1165-2-209 4 February 2016
Water Resource Policies and Authorities
STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS
BY NON-FEDERAL INTERESTS
1. Purpose. This regulation provides policy guidance for implementation of Section 203 of the
Water Resources Development Act (WRDA) of 1986, as amended by Section 1014(a) of the
Water Resources Reform and Development Act (WRRDA) of 2014 (33 U.S.C. § 2231). Section
203 authorizes non-Federal interests to undertake feasibility studies of proposed water resources
development projects for submission to the Secretary of the Army. Separate guidance will be
provided on the construction of water resources development projects under Section 204 of
WRDA 1986, as amended by Section 1014(b) of the WRRDA 2014 (33 U.S.C. § 2232).
2. Applicability.
a. This regulation applies to all Headquarters, U.S. Army Corps of Engineers (HQUSACE)
elements, major subordinate commands, districts, laboratories and all field operating agencies
having Civil Works responsibilities. This regulation broadens applicability to all water resources
projects and supersedes Engineer Regulation (ER) 1165-2-122, Studies of Harbors or Inland
Harbor Projects by Non-Federal Interests, dated 26 August 1991.
b. This regulation and the referenced documents constitute the guidelines to assist non-
Federal interests in conducting policy-compliant studies and should be provided to any non-
Federal interest that intends to undertake a feasibility study pursuant to Section 203.
3. Distribution Statement. Approved for public release. Distribution is unlimited.
4. References.
a. Section 203 of WRDA 1986, as amended by Section 1014 of WRRDA 2014 (33 U.S.C. §
2231). Section 203, as amended, is attached as Appendix A.
b. ER 200-2-2 (33 CFR 230), Procedures for Implementing National Environmental Policy
Act (NEPA).
c. ER 1105-2-100, Planning Guidance Notebook.
d. ER 1140-1-211, Support for Others.
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This Engineer Regulation supersedes ER 1165-2-122, dated 26 August 1991
