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DOD/COE RIN: 0710-AB07 Publication ID: Fall 2020 
Title: General Credit for Flood Control 

The existing regulation was published in 52 FR 44113, November 1987, pursuant to section 104, Water Resources Development Act (WRDA) of 1986 (Pub. L. 99-662). The purpose of the regulation is to publish criteria for determining whether work carried out by non-Federal interests is compatible with a project for flood control and the procedures for making such determinations. A final rule for the Guidelines for Carrying Out section 221(a)(4) of the Flood Control Act of 1970, as amended, was later published and established that in general, crediting provisions in section 221 will be used in lieu of section 104 of WRDA 1986 and section 215 of the Flood Control Act of 1968. Engineering Regulation (ER) 1165-2-208 is based on the section 221(a)(4) of the Flood Control Act of 1970 as amended by section 1018 of Water Resources Reform and Development of 2014 (42 U.S.C. 19625b(a)(4). The revision to the ER dated December 2015 states that in general the crediting provisions of section 221 will be used in lieu of section 104 of WRDA 1986 and section 215 of the Flood Control Act of 1968. The existing regulation is redundant and out of date. The same content for implementation guidance and procedures for this subject matter is now found in ER 1165-2-208. The final rule action is largely administrative in nature, removing unnecessary and outdated CFR text which will provide clarity and reduce confusion to the public. The rule does not place a burden on the public, therefore its repeal does not provide a burden reduction or cost savings. The ER 1165-2-208 guidance can be found online for the public at: This removal supports a recommendation of the DoD Regulatory Reform Task Force.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 33 CFR 240   
Legal Authority: Pub. L. 99-662    33 U.S.C. 2214   
Legal Deadline:  None
Action Date FR Cite
Final Action  02/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Amy Frantz
Program Manager
Department of Defense
U.S. Army Corps of Engineers
CECW-P, 441 G Street, NW,
Washington, DC 20314
Phone:202 761-0106