Construction

The Corps must be authorized to participate in the construction or modification of a water resources project. The authorization can be project-specific, programmatic, or general. While most Corps authorizations are in legislation " usually included in a Water Resources Development Act (WRDA) " some Corps studies are undertaken under other authorities. Your local Corps District can help determine if there is existing authority for the construction or modification of a water resources project.

While necessary, authorizations are insufficient for a Corps participation in construction of a water resources project to proceed; the Corps" ability to act on an authorization also requires Congressional funding or "appropriations." Once a project is authorized, appropriations are sought through the annual Energy and Water Development appropriations acts. A study may receive direct funding via the appropriations act or through a "Work Plan" developed by the Corps to designate Congressional appropriations.

Once a project has secured federal funding, the study"s Non-Federal Sponsor and the Corps can sign a Project Partnership Agreement (PPA). The PPA outlines Federal and non-Federal responsibilities for construction and for Operation, Maintenance, Repair, and Rehabilitation (OMRR&R) of the project once construction is complete.

After the PPA is signed, the non-federal partner can begin acquisition of the real estate required for project implementation, as established during the feasibility study. The construction is then performed by private contractors with oversight by Corps construction staff. After the project has completed its final construction contract, a final inspection conducted to ensure that the project has been completed as designed. If the project will be operated and maintained by the non-federal partner, USACE then transfers the project to the sponsor along with an operation and maintenance manual.

Key Guidance for Corps Planners

Additional Resources

Engineer Regulation 1105-2-100: Planning Guidance Notebook (2000) The Planning Guidance Notebook provides the overall direction by which the Corps of Engineers civil works projects are formulated, evaluated, and selected for overall implementation. This includes all appendices that were written at a later date. Engineering and Construction Bulletins Engineering and Construction Bulletins provide interim guidance (directive and policy) as well as "for information" updates. Engineer Regulation 1110-1-12: Quality Management (2006) Contains information on Project Management Plans, Independent Technical Review, and Risk Management. Engineer Regulation 1150-2-302: Local Cooperation - Annual Report on Local Cooperation Agreements (RCS: DAEN-CWO-44) (1981) This regulation states the procedure for reporting requirements of Section 221 of the Flood Control Act of 1970 (P.L. 91-611). Engineer Regulation 1110-2-1150: Engineering and Design for Civil Works Program (1999) This regulation defines engineering responsibilities, requirements, and procedures during the design, construction, and operations phases. Engineer Regulation 1165-2-131: Water Resources Policies and Authorities - Local Cooperation Agreements for New Start Construction Projects (1989) This regulation provides guidance on procedures and responsibilities for developing, submitting and obtaining approval of LCAs for new construction starts (not CAPs). Engineer Regulation 1165-2-18: Reimbursement for Nonfederal Participation in Civil Works Projects (1989) This regulation provides guidance on use of Section 215 of the Flood Control Act of 1968, to reimburse non-federal public bodies for construction of part of an authorized federal project. Engineer Regulation 1165-2-29: Water Resources Policies and Authorities - General Credit for Flood Control (1987) This regulation establishes guidelines and procedures for application of Section 104 of Public Law 99-662. Engineer Regulation 1165-2-504: Construction Of Water Resource Development Projects By Non-Federal Interests (2017) 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. Engineer Regulation 1105-2-30: Principles and Standards for Water and Related Land Resources Planning: Level C; Final Rule (1980) This final rule establishes the principles and standards for Level C water and related land resources planning. The purpose of the rule is to provide Federal agencies with uniform requirements for Level C implementation studies. Planning in accordance with this rule is intended to ensure consistency among the agencies and consistency with the National Environmental Policy Act of 1969 (NEPA) and the CEQ NEPA regulations. The Planner's Library Links to Corps guidance, fact sheets, and lessons learned Engineer Regulation 415-1-15: Construction Time Extensions for Weather (1989) Engineer Regulation 415-1-17: Contractor Performance Evaluations (2012) Engineer Circular 1165-2-214: Water Resource Policies and Authorities, Civil Works Review (2012 Expiration 20 February 2018) This EC has been superseded by EC 1165-2-217: Water Resource Policies and Authorities, Review Policy for Civil Works. Engineer Circular 1165-2-217: Water Resource Policies and Authorities, Review Policy for Civil Works (2018) This Circular establishes an accountable, comprehensive, life-cycle review strategy for Civil Works products by providing a seamless process for review of all Civil Works projects from initial planning through design, construction, and Operation, Maintenance, Repair, Replacement and Rehabilitation (OMRR&R). It also provides the procedures for ensuring the quality and credibility of USACE decision, implementation, and operations and maintenance documents and work products. Engineer Regulation 415-1-16: Fiscal Management (1993) Engineer Regulation 415-345-13: Financial Closeout (1989) Engineer Regulation 415-345-38: Transfer and Warrantie (2000) Engineer Regulation 1180-1-6 Construction Quality Management (1995) WRDAs and Related Laws

Model Project Partnership Agreements To streamline implementation and achieve national consistency, policy compliance, legal sufficiency, and equitable treatment of project sponsors, the Corps has developed models for drafting project partnership agreements. Civil Works Study and Project Partnerships (2015) Introduction to the partnership between USACE and Non-Federal Sponsors in developing a feasibility study and recommendation of a Civil Works water resources project. Partnering with the U.S. Army Corps of Engineers: A Guide for Communities, Local Governments, States, Tribes, and Non-Governmental Organizations (2019) Partnering with the U.S. Army Corps of Engineers: A Guide for Communities, Local Governments, States, Tribes, and Non-Governmental Organizations provides potential sponsors with information on the programs and processes available for non-Federal partners and USACE representatives to work together to address the Nation’s water resources problems. The Guide includes an overview of the USACE Civil Works Program and describes how USACE can work with local, State, Tribal, and Federal agencies and other non-Federal partners on activities ranging from technical services and advice to planning and constructing water resources projects. A previous version of this document was originally published as the Project Partnership Kit by IWR back in 1996 and revised in 2001.