The Department of the Army's Regulatory Program is one of the oldest in the federal government. Initially, it served a simple purpose: to protect and maintain the navigable capacity of the nation's waters. Changing public needs, evolving policy, court decisions and new statutory mandates have changed several aspects of the program including its breadth, complexity and authority.

The U.S. Army Corps of Engineers, through the Regulatory Program, administers and enforces Section 10 of the Rivers and Harbors Act of 1899 (RHA) and Section 404 of the Clean Water Act (CWA). Under RHA Section 10, a permit is required for work or structures in, over or under navigable waters of the United States. Under CWA Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States. Many waterbodies and wetlands in the nation are waters of the United States and are subject to the Corps' regulatory authority.

The Regulatory Program is committed to protecting the Nation's aquatic resources and navigation capacity, while allowing reasonable development through fair and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands.

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• July 24, 2020 - The U.S. Army Corps of Engineers and U.S. Environmental Protection Agency issued a memorandum to the field regarding application of the exemptions under Section 404(f)(1)(C) of the CWA for the construction or maintenance of irrigation ditches and for the maintenance of drainage ditches.  For purposes of implementing the ditch exemptions, the memo defines terms including “irrigation ditch” and “drainage ditch” and provides a framework for determining the applicability of the ditch exemptions and the recapture provision in CWA Section 404(f)(2).   The contents of the document do not have the force and effect of law and are not meant to bind the public in any way. The memo is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.  The memo supersedes Corps Regulatory Guidance Letter 07-02.   It is the third of four memoranda developed to support implementation of the Navigable Waters Protection Rule, which became effective June 22, 2020.  As each memorandum is released, they are posted to www.epa.gov/nwpr.

• July 17, 2020 - The U.S. Army, Corps of Engineers, USDA-Natural Resources Conservation Service, and U.S. Environmental Protection Agency issued a memorandum to the field concerning issues related to implementation of Section 404 of the Clean Water Act and the Food Security Act of 1985, as amended.  The memorandum was developed to minimize duplication of efforts pursuant to the CWA Section 404 program and the Food Security Act (FSA) Wetland Conservation Provisions, while recognizing the inherent differences in the purpose and language of those laws.  It is designed to facilitate EPA, Army, Corps, and USDA efforts to ensure that federal wetland programs, including those that identify prior converted cropland, are administered in an efficient and effective manner.  The memorandum provides procedures for use by the agencies’ personnel that minimize impacts on affected landowners and operators while continuing to fulfill the missions of the respective agencies.  The contents of this memorandum do not have the force and effect of law and are not meant to bind the public in any way. This memorandum is intended only to provide clarity to the agencies and the public regarding existing requirements under the law or agency policies. The memorandum to the field is the second of four memoranda that are being developed to support the implementation of the Navigable Waters Protection Rule (NWPR), which became effective on June 22, 2020.  Find the memo here.

• July 7, 2020 – The U.S. Army Corps of Engineers has published the interim approved jurisdictional determination form and user manual on the Headquarters jurisdictional information page (https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/juris_info/).The interim approved jurisdictional determination form and user manual are provided for transparency purposes only and are for internal use only by the U.S. Army Corps of Engineers.

• June 22, 2020 - The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” (NWPR) became effective in 49 states and in all US territories.  A preliminary injunction (PI) was been granted for the State of Colorado.  Federal jurisdiction in Colorado will be determined using the 2019 Rule (the recodification of the 1986 Regulations) and associated 2003/2008 (SWANCC/Rapanos) guidance documents. The NWPR establishes the scope of federal regulatory authority under the Clean Water Act. The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. Additional information about the NWPR can be found on the EPA’s website at https://www.epa.gov/nwpr.   Information on jurisdiction can also be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/juris_info/.

• June 1, 2020 - The U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” to implement the water quality certification process consistent with the text and structure of the Clean Water Act (CWA). The final rule establishes procedures that promote consistent implementation of CWA section 401 and regulatory certainty in the federal licensing and permitting process. The final rule also, for the first time, provides a holistic analysis of the statutory text, legislative history, and relevant case law informing implementation of CWA section 401. The final rule will become effective 60 days after the date of publication in the Federal Register.  More information at https://www.epa.gov/cwa-401/final-rule-clean-water-act-section-401-certification-rule

• May 21, 2020 - The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.  The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at http://wetland-plants.usace.army.mil/.  State, regional, and national lists can also be downloaded from this site.