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The United States Army Corps of Engineers (“Corps”) published a February 25th Federal Register Notice that it has developed draft agency guidance entitled:

Engineer Circular 1165-2-218 (“Guidance”)

See 85 Fed. Reg. 10659.

The Corps states that the purpose of the Guidance is to consolidate and formalize policies and procedures for its Levee Safety Program. Further, the intent of the Levee Safety Program is stated to include:

• Understanding, monitoring, and managing flood risk associated with levees over time
• Provide a framework to sustain long term benefits
• Adapt activities and actions based on the dynamic nature of flood risk

The Corps states that Engineer Circulars are typically used to establish internal agency policy. However, it noted that the Guidance has been drafted to include four volumes applicable to both Corps and non-federal levee sponsors.

The Guidance is intended to be temporary.  It expires two years after the date of publication. This is intended to provide the Corps the time to:

. . . learn through implementation experience, identify clarifications or additional resources required, and to work with our partners in implementing the program.

After the expiration of this period, the Guidance will either be revised, rescinded, or converted to an Engineer Regulation which does not expire.

The Corps is seeking feedback from non-federal levee sponsors, interested associations, Tribes, other federal agencies and any other interested individuals on the proposed Guidance.

A copy of the Federal Register Notice can be downloaded here.