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State and Tribal Assumption of Section 404 of the Clean Water Act

Documents Supporting or Relating to Assumable Waters Subcommittee Activities

Charge and Operating Procedures

Charge and Operating Proceedures for the Assumable Waters Subcommittee

Working Documents

These Subcommittee working documents were prepared by workgroups and individual members of the Subcommittee for deliberation purposes only as background information.

Federal Register Notices

Statutes and Regulations

State and Tribal Program Regulations - Clean Water Act Section 404(g)  

Section 10 of the Rivers and Harbors Act of 1899

US Army Corps of Engineers Regulations, Definition of Naviable Waters of the United States (33 CFR Part 329) - "This regulation defines the term "navigable waters of the United States" as it is used to define authorities of the Corps of Engineers. It also prescribes the policy, practice and procedure to be used in determining the extent of the jurisdiction of the Corps of Engineers and in answering inquiries concerning "navigable waters of the United States." This definition does not apply to authorities under the Clean Water Act which definitions are described under 33 CFR Parts 323 and 328."

Rapanos vs. United States - Supreme Court Rulings related to the Waters of the U.S.

Legislative History related to Clean Water Act Section 404(g)(1), including Preambles and Congressional Conference Reports

Background Documents

Background documents have been provided by the subcommittee members, by the public and by the federal agencies at the request of the members.

ECOS Letter

ECOS, ACWA, and ASWM Letter to USACE

The States' Choice: 404 Permit Program​ - 1980 EPA document describing state assumption of the Clean Water Act 404 permitting program

Clean Water Act Section 404 Permitting Authority for Waters within a State or Tribe's Jurisdiction (Graphic)

Rivers and Harbor Act Section 10 regarding the Assumable Waters Subcommittee