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The United States Army Corps of Engineers (“Corps”) public noticed in the September 13th Federal Register the issuance of a revised document titled:

Engineer Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408 (“Guidance”)

See 83 Fed. Reg. 46486.

The Guidance constitutes the Corps policies and procedures related to how it will process certain requests by others to alter a Corps civil works project under Section 14 of the Rivers and Harbors Act of 1899 (i.e., Section 408).

An example provided by the Corps is a request to:

. . . increase recreational opportunities; improve flood risk management; or construct a road, transmission line, or pipeline.

The Corps had previously public noticed earlier in 2018 a draft version of the Guidance and accepted comments.

The intent of the Corps review is stated to be:

. . . to ensure that the Congressionally-authorized purpose and benefits of the Civil Works project are protected and maintained (e.g., flood risk management, navigation, coastal storm damage reduction) and to ensure that what is being proposed is not injurious to the public interest.

The Guidance is available at https://www.publications.usace.army.mil/Portals/76/Users/227/19/2019/EC_1165-2-220.pdf?ver=2018-09-13-114714-120