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DEPARTMENT OF THE ARMY ER 1165-2-211
U.S. Army Corps of Engineers
CECW-P Washington, DC 20314-1000
Regulation
No. 1165-2-211 4 February 2016
Water Resource Policies and Authorities
OPERATION AND MAINTENANCE OF IMPROVEMENTS CARRIED OUT BY NON-
FEDERAL INTERESTS TO AUTHORIZED HARBOR OR INLAND HARBOR PROJECTS
1. Purpose. This regulation provides policy guidance for implementation of Section 204(f) of
the Water Resources Development Act (WRDA) of 1986, as amended by Section 1014(b) of the
Water Resources Reform and Development Act (WRRDA) of 2014 (33 U.S.C. 2232(f)). Section
204(f) authorizes the Secretary of the Army to be responsible for the operation and maintenance
of improvements to a federally authorized harbor or inland harbor carried out by a non-Federal
interest when certain conditions are met. Separate guidance is provided in ER 1165-2-209
regarding non-Federal interests undertaking a feasibility study, as authorized by Section 203 of
WRDA 1986, as amended by Section 1014(a) of WRRDA 2014, and in ER 1165-2-210
regarding non-Federal interests constructing a water resources development project, as
authorized by Section 204 of WRDA 1986, as amended by Section 1014(b) of WRRDA 2014.
2. Applicability.
a. This regulation applies to all HQUSACE elements, major subordinate commands,
districts, laboratories and all field operating agencies having Civil Works responsibilities. This
regulation supersedes ER 1165-2-124, Construction of Harbor or Inland Harbor Projects by Non-
Federal Interests, dated 1 October 1990 and ER 1165-2-120, Reimbursement For Advance Non-
Federal Construction of Authorized Federal Harbor and Inland Harbor Projects, dated 15 June
1988.
b. This regulation and the referenced documents constitute the guidelines to assist non-
Federal interests in preparation and submission of a report recommending assumption of
maintenance of improvements carried out by a non-Federal interest to a federally authorized
harbor or inland harbor, pursuant to Section 204(f).
3. References.
a. Section 204(f) of the WRDA 1986, as amended by Section 1014 of the Water Resources
Reform and Development Act of 2014, (33 U.S.C. 2232(f)). Section 204(f), as amended, is
enclosed as Appendix A.
b. ER 1105 -2-100, Planning Guidance Notebook.
This Engineer Regulation supersedes ER 1165-2-124, dated 1 October 1990, and
ER 1165-2-120, dated 15 June 1988
