CECW-P DEPARTMENT OF THE ARMY *ER 1165-2-504
U.S. Army Corps of Engineers
Washington, DC 20314-1000
Regulation
No. 1165-2-504 12 July 2017
Water Resource Policies and Authorities
CONSTRUCTION OF WATER RESOURCE DEVELOPMENT PROJECTS
BY NON-FEDERAL INTERESTS
1. Purpose. This Regulation provides policy guidance for implementation of Section 204 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 and Section 1127 of the
WRDA 2016 (33 United States Code (U.S.C.) 2232). Section 204 authorizes non-Federal
interests to undertake construction of certain water resources development projects, with
potential credit or reimbursement of the Federal share of that construction, subject to several
requirements. Separate guidance is provided in Engineer Regulation (ER) 1165-2-209 regarding
non-Federal interests undertaking a feasibility study under Section 203 of WRDA 1986, as
amended, and in ER 1165-2-211 regarding operation and maintenance of improvements carried
out by non-Federal interests under Section 204(f) of WRDA 1986, as amended.
2. Applicability. This regulation applies to all Headquarters, U.S. Army Corps of Engineers
(HQUSACE) elements, Major Subordinate Commands (MSCs), Districts, laboratories and all
field operating agencies having Civil Works responsibilities.
3. Distribution Statement. Approved for public release. Distribution is unlimited.
4. References.
a. Section 204 of WRDA 1986, as amended by Section 1014(b) of WRRDA 2014 and
Section 1127 of WRDA 2016, (33 U.S.C. 2232) (See Appendix A).
b. ER 200-2-2 (33 Code of Federal Regulations (CFR) 230), Procedures for Implementing
the National Environmental Policy Act.
c. ER 1105-2-100 , Planning Guidance Notebook.
d. ER 1110-1-8155, Specifications.
e. ER 1110-2-1150, Engineering and Design for Civil Works Projects.
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*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.
