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Policy Guidance Letters

2023

• Real Estate Policy Guidance Letter No. 35, Approved List of Standard Estates
  This Real Estate Policy Guidance Letter contains a full list of standard estates approved and published by HQUSACE, for use in full Federal or cost-shared projects. This memorandum will remain in full force and effect as model estates unless superseded or rescinded by the Director of Real Estate.

  2019

• Real Estate Policy Guidance Letter No. 31 - Real Estate Support to Civil Works Planning
  This Real Estate Policy Guidance Letter revises the interim policy and guidance for real estate efforts associated with feasibility studies (including those for Continuing Authorities Projects [CAP]) and to ensure conformance with reference c. as relates to operationalizing risk informed decision making. This memorandum supersedes and replaces Real Estate Policy Guidance Letter No. 31- Real Estate Support to Civil Works Planning Paradigm (3x3x3), 10 January 2013.

  2017

• Policy Guidance Letter 44 Revisions - Relocation of Utilities at Navigation Projects Under Section 101 of the Water Resources Development Act (WRDA) of 1986, as Amended
  This memorandum sets forth current U.S. Army Corps of Engineers policy regarding the relocation and removal of utilities located in or under navigable waters of the U.S. that interfere with Federal navigation improvements implemented under Section 101 of the Water Resources Development Act of 1986, as amended. Specifically, this memorandum modifies guidance on the interaction between Federal powers under the navigation servitude and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and the non-federal sponsor's performance and payment responsibilities for utility relocations. This memorandum rescinds Policy Guidance Letter No. 44, Relocations and Removals at Navigation (Harbor) Projects (20 Oct 95). It does not modify or supersede other, substantive regulations defining the scope of the Corps' authority under, and procedures implementing, Section 10 of the Rivers and Harbors Act of 1899 or other law.

  2016

• Real Estate Policy Guidance Letter No. 33 - Interim Guidance on Disposition Studies
  This memorandum provides interim real estate guidance for formulation and execution of Disposition Studies for real estate members of Project Delivery Teams (PDTs). Real Estate's participation is a major prerequisite to the decision making process as focused investigations assess the potential for alternative uses of real property, identify potential viable users and potential pathways toward re-use and divestiture of projects or project segments.

  2015

• Policy Guidance Letter: Placing Levee Systems in a Risk Context, Emphasis on Communication and Sponsor Engagement
  This PGL establishes interim guidance for communicating flood risk and programmatic expectations for sponsor engagement associated with levee systems within the U.S. Army Corps of Engineers (USACE) Levee Safety Program. These levee systems include: 1) federally authorized and USACE operated and/or maintained; 2) federally authorized -local sponsor operated and maintained; and 3) non-federal levee systems qualified for the Rehabilitation Program (RP), reference Engineer Regulation (ER) 500-1-1. Final guidance will be incorporated into the Levee Safety Program Engineer Circular (EC).

  1999

• Policy Guidance Letter No. 56, Section 207 of the Water Resources Development Act of 1996, Beneficial Use of Dredged Material
  This letter provides guidance on implementation of Section 207 of the Water Resources Development Act of 1996 (WRDA 96).
• Policy Guidance Letter No. 61: Application of Watershed Perspective to Corps of Engineers Civil Works Programs and Activities
  This letter provides the policy for applying the watershed perspective to the Corps Civil Works water resources management programs and initiatives.
• Policy Guidance Letter No. 62: Navigation (Harbors) Cost Sharing Policy Applications
  This letter provides policy guidance on application of navigation cost sharing as contained in Section 101 of the Water Resources Development Act of 1986, as amended, to various situations where existing guidance is unclear or incomplete.

  1998

• Policy Guidance Letter No. 24R: Rescission of Policy Guidance Letter No. 24, Restoration of Fish and Wildlife Habitat Resources
  This letter rescinds "Policy Guidance Letter No. 24, Restoration of Fish and Wildlife Habitat Resources," which was modified by EC 1105-2-210, Ecosystem Restoration in the Civil Works Program, dated 1 June 1995, and incorporated into Chapter 4, Section VIII of the Planning Guidance Notebook, ER 1105-2-100. ER 1105-2-100, Chapter 4 effectively supersedes PGL 24 for ecosystem restoration projects, including fish and wildlife habitat restoration.
• Policy Guidance Letter No. 46, Use of Mitigation Banks for U.S. Army Corps of Engineers Civil Works Projects
  This letter provides implementation guidance on the use of mitigation banks in Corps of Engineers Civil Works projects.
• Policy Guidance Letter No. 47: Cost Sharing for Dredged Material Disposal Facilities and Dredged Material Disposal Facility Partnerships
  This letter sets forth Corps policy regarding the cost sharing for construction of dredged material disposal facilities associated with the construction and operation and maintenance of Federal navigation projects for harbors and inland harbors. This guidance supersedes previous guidance on this subject.
• Policy Guidance Letter No. 49: Environmental Dredging
  This letter supersedes Policy Guidance Letter No. 35, "Section 312 of the Water Resources Development Act of 1990 (WRDA 90), Environmental Dredging" and provides guidance on implementation of Section 312 of WRDA 90 as amended by Section 205 of the Water Resources Development Act of 1996 (WRDA 96).
• Policy Guidance Letter No. 57, Indian Sovereignty and Government to Government Relations With Indian Tribes
  This letter provides guidance on Indian Sovereignty and USACE Tribal Policy Principles.
• Policy Guidance Letter No. 59: Recreation Development at Ecosystem Restoration Projects
  This memorandum provides guidance on the planning and development of outdoor recreation facilities at single purpose ecosystem restoration projects and projects constructed under the authority of Section 1135 of the Water Resources Development Act of 1986 (WRDA 86), Section 204 of WRDA 92, and Section 206 of WRDA 96.
• Policy Guidance Letter No. 60, Water Quality and Water Resources Development Projects
  This letter states the principles and policy of providing water quality improvement as a means of achieving ecosystem restoration and protection and is applicable to the planning, design, construction, and operation of water resource projects by the Corps.

  1997

• Policy Guidance Letter No. 48: Cost Sharing for Specifically Authorized Environmental Projects
  This letter sets forth Corps policy regarding the cost sharing for construction (implementation) of specifically authorized projects and separable elements for ecosystem (environmental) protection and restoration and implements Section 210 of the Water Resources Development Act of 1996.
• Policy Guidance Letter No. 51: Flood Control Cost Sharing
  This letter sets forth Corps policy regarding the cost sharing for the construction (implementation) of specifically authorized projects and Section 205, Section 208 and Section 14 projects for flood control and provides implementation guidance for Section 202(a)(1) of the Water Resources Development Act of 1996 (WRDA 96)
• Policy Guidance Letter No. 52: Flood Plain Management Plans
  This letter provides policy on Section 202(c), Flood Plain Management Plans, of the Water Resources Development Act (WRDA) of 1996, which amends Section 402 of WRDA 86 to provide that before the construction of any project for local flood damage reduction or hurricane or storm damage reduction that involves assistance from the Secretary of the Army, the non-federal interest must agree to participate in and comply with applicable Federal flood plain management and flood insurance programs.
• Policy Guidance Letter No. 53: Implementation of Section 211 of the Water Resources Development Act of 1996
  This memorandum provides policy guidance on Section 211 of the Water Resources Development Act of 1996, "Construction of Flood Control Projects by non-federal Interests."
• Policy Guidance Letter No. 55, Clarification of Credit for Non-Federal Sponsors Costs of Preconstruction Engineering and Design (PED) Coordination Team Activities and Project Cooperation Agreement (PCA) Negotiations
  This letter clarifies the policy for credit for non-federal sponsors costs of Preconstruction Engineering and Design (PED) Coordination Team activities and Project Cooperation Agreement (PCA) negotiations.

  1995

• Policy Guidance Letter No. 44: Relocations and Removals at Navigation (Harbor) Projects
  This letter sets forth Corps policy regarding the relocation and removal of facilities interfering with Federal navigation improvements. This guidance supersedes previous guidance on this subject. The guidance is applicable to navigation projects for harbors or inland harbors. This PGL refines significantly the guidance concerning relocations and removals provided in ER 1165-2-131.
• Policy Guidance Letter No. 45: Responsibility for Alterations of Railroad Bridges - Flood Control
  This letter provide clarification on policy regarding new railroad bridges needed because of the construction of flood control projects.

  1994

• Policy Guidance Letter No. 43: Cost Sharing for Dam Safety Assurance
  This letter provides guidance for determining the apportionment of costs of project modifications for dam safety assurance purposes, under Section 1203 of the Water Resources Development Act of 1986.

  1993

• Policy Guidance Letter No. 2R: Rescission of Policy Guidance Letter No. 2, New Start Construction Projects - Responsibility for Alterations or Railroad Bridges - Flood Control
  This letter is a rescission of Policy Guidance Letter No. 2, "New Start Construction Projects - Responsibility for Alterations or Railroad Bridges - Flood Control."
• Policy Guidance Letter No. 41: Restoration of Market Value Benefits
  This letter establishes Corps policy on restoration of market value benefits for flood control projects.
• Policy Guidance Letter No. 42: Additional Guidance on Financing of Dredged Material Management Studies
  This letter supplements Policy Guidance Letter No. 40 and provides guidance on the financing of dredged material management studies where there is a feasibility study for modification of an existing Federal navigation (harbor and inland harbor) project and a need for dredged material management planning for the maintenance of the existing Federal project being modified.

  1992

• Policy Guidance Letter No. 27: Beach Fill Shore Protection Policies on Non-Federal Responsibilities and Use of Public Law 84-99 Funds
  This letter provides guidance related to policies on Federal participation in shore protection projects, particularly with respect to defining non-federal responsibilities for operation, maintenance, repair, replacement, and rehabilitation (OMRR&R) and the criteria for using Public Law 84-99 funds to restore damaged Federally authorized shore protection projects.
• Policy Guidance Letter No. 33: Protection of Recreational Uses at Civil Works Projects
  This letter provides guidance on the protection of recreational uses at Civil Works projects.
• Policy Guidance Letter No. 34: Non-CERCLA Regulated Contaminated Materials at Civil Works Projects
  This letter supplements CECW-PA Memorandum, 21 March 1990, subject: Cost Sharing of Hazardous and Toxic Wastes (HTW) Activities Associated with Civil Works Projects and Studies, and applies to contaminated materials that are not regulated by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), but are subject to a validly promulgated Federal, State or local regulation and require special action.
• Policy Guidance Letter No. 36: Recreation Development at (Non-Lake) Structural Flood Control and Harbor Projects
  This policy guidance letter provides guidance on the planning and development of outdoor recreation facilities at new non-reservoir structural flood control projects as well as at harbor projects.
• Policy Guidance Letter No. 37: Cost Sharing of Interior Drainage Facilities
  The purpose of this letter is to supplement Policy Guidance Letter No. 16 (24 May 1989), Clarification of Policy on Relocations at Flood Control Projects, with definitions of interior drainage features, and to provide more explicit guidance on the classification of facilities as construction, LERRD or betterments.
• Policy Guidance Letter No. 39: Responsibilities of the Corps of Engineers and Local Sponsor to Ensure Safe Operation, Maintenance, Repair, Replacement and Rehabilitation for Flood Control and Multipurpose Dams Constructed Under the Provisions of PL 99-662
  This letter provides guidance on policy and procedures for the turnover of completed dam projects to local sponsors. It also provides guidance to prepare the local sponsors for their responsibilities for operations, maintenance, repair, replacement and rehabilitation (OMRR&R) of dams for which the cost sharing provisions of PL 99-662 apply

  1991

• Policy Guidance Letter No. 22: Guidance for Placement of Materials on Beaches
  This letter provides guidance on placement of materials on beaches for Section 933 and 934 projects.
• Policy Guidance Letter No. 26: Benefit Determination Involving Existing Levees
  This letter provides guidance on policy and procedure for determining without project conditions and with project flood damage reduction benefits for reconnaissance studies, feasibility studies and preconstruction planning and engineering studies involving existing levees that do not meet Army Corps of Engineers criteria.
• Policy Guidance Letter No. 29: Expenditures on Aesthetics at Civil Works Projects
  This letter provides guidance on defining the appropriate measures for aesthetic quality at Civil Works projects in all stages of project development.
• Policy Guidance Letter No. 30: Recreation Cost Sharing Credit For Increased Real Estate Interest for Recreation Development at Non-Reservoir Projects
  This letter provides guidance on the planning and development of outdoor recreation facilities at non-reservoir projects with a primary application to structural local flood protection projects.
• Policy Guidance Letter No. 31: Implementation of Section 208 of the Water Resources Development Act of 1986
  This letter provides guidance on Implementation of Section 208 of Water Resources Development Act of 1986, which permits local sponsors of Federal navigation projects to charge port or harbor dues to recover the local share of the cost of construction, operation and maintenance, and provisions for emergency response services.

  1990

• Policy Guidance Letter No. 25: Federal Participation in Land Development at Structural Flood Damage Reduction Projects
  This letter provides guidance on Federal participation in land development at structural flood damage reduction projects.
• Policy Guidance Letter No. 28: Improvements for Navigation Safety and Reduction in Damages from Tide and Wave Sources
  This letter rescinds Policy Guidance Letter No. 23 and provides substitute guidance on the formulation and cost sharing for measures that address problems of navigation safety and wave induced damages.

  1989

• Policy Guidance Letter No. 13: Use of Federal Funds to Meet Local Cost Sharing Requirements
  This letter provides guidance on the use of federal funds to meet local cost-sharing requirements
• Policy Guidance Letter No. 14: Revisions to Guidance for Disposal of Materials on Beaches
  This letter provides revisions to guidance in EC 1165-2-142, Cost Sharing for Disposal of Materials on Beaches.
• Policy Guidance Letter No. 15: Credit for Utility Relocation Costs on Navigation Projects - Modification to Existing Local Cooperation Agreements (LCA's)
  This letter provides guidance on obtaining credit for utility relocation costs on navigation projects--modification to existing local cooperation agreements (LCA's).
• Policy Guidance Letter No. 16: Clarification of Policy on Relocations at Flood Control Projects
  This letter is a clarification of policy on relocations at flood control projects.
• Policy Guidance Letter No. 17: Formulation and Cost Sharing for Harbor Projects that Include Land Creation
  This letter provides guidance on formulation and cost sharing for harbor projects that include land creation.
• Policy Guidance Letter No. 18: Cost Sharing for Historic Preservation
  This letter provides guidance on cost sharing for historic preservation.
• Policy Guidance Letter No. 21: Flood Prevention Improvements for Protection from Groundwater-Induced Damages
  This letter provides guidance on flood prevention improvements for protection from groundwater-induced damages.

  1988

• Policy Guidance Letter No. 05R: Recession of Policy Guidance Letter No. 5, New Start Construction Projects
  This letter rescinds Policy Guidance Letter No. 5, "New Start Construction Projects-Responsibility for Alteration and Relocations of Utilities Through the Line of Protection--Flood Control Projects."
• Policy Guidance Letter No. 06: New Start Construction Projects--LCA Provisions to Account for Ability to Pay Determinations
  This letter provides guidance on new start construction projects, including LCA provisions to account for ability to pay determinations.
• Policy Guidance Letter No. 07: Cost Sharing for Shore Protection Projects
  This letter provides guidance on cost sharing for shore protection projects.
• Policy Guidance Letter No. 08: New Start Construction Projects--Responsibility for Utility Relocations on Harbor Projects
  This letter provides guidance on new start construction projects, including responsibility for utility relocations on harbor projects.
• Policy Guidance Letter No. 09: New Start Construction Projects--Responsibility for Relocation and Removal of Structures and Facilities on Navigation Projects
  This letter provides guidance on new start construction projects, including responsibility for relocation and removal of structures and facilities on navigation projects.
• Policy Guidance Letter No. 10: Section 111, Shore Damage Mitigation
  This letter provides guidance on shore damage mitigation.
• Policy Guidance Letter No. 12: New Start Construction Projects--Timing of Local Cooperation Agreement (LCA) Execution and Award of Initial Construction Contract
  This letter provides guidance on new start construction projects--timing of local cooperation agreement (LCA) execution and award of initial construction contract

  1987

• Policy Guidance Letter No. 01: New Start Construction Projects-Responsibility for Modification/Alteration of Highway Bridge Foundations--Flood Control
  First of a series of letters that will be prepared to provide clarification on issues not fully addressed in EC 1165-2-144, dated 1 June 1987, subject: "Policy Guidance for New Start Construction Projects."
• Policy Guidance Letter No. 03: New Start Construction Projects--Approval and Execution of Local Cooperation Agreements
  This letter provides guidance on new start construction projects--approval and execution of local cooperation agreements.
• Policy Guidance Letter No. 04: New Start Construction Projects-Draft LCA Submission Requirements and Status of General Design Memorandum (GDM)
  This letter provides guidance on new start construction projects, including draft LCA submission requirements and status of general design memorandum (GDM).