Association of Clean Water Administrators

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ACOE Memo on Assumable Waters

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Memo clarifying the waters the Corps will retain for permitting under section 404(g):

1. Waters that are jurisdictional under Sec. 10 of the Rivers and Harbors Act of 1899 provided that
a. Retained waters include tidal waters shoreward to their mean high water mark, or mean higher high water mark on the west coast, and
b. retained waters to not include those waters that qualify as “navigable” solely because they were “used in the past” to transport interstate or foreign commerce; and
2. wetlands adjacent to waters retained above, landward to an administrative boundary agreed upon by the state or tribe and the Corps.
3. For ease of implementation and to provide transparency the Corps will use the existing RHA section 10 lists of waters as a starting point, which could be amended by the Corps as appropriate consistent with applicable regulations and case law.

Letter to Chesapeake Bay Foundation

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This letter from EPA to the CBF includes assessments as to whether revisions of the NPDES regulations for CAFOs are necessary to achieve the objectives to implement the Chesapeake Bay… Read More »

Letter to USACE on Infrastructure Initiative

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The President has proposed a $200 billion initiative to stimulate at least $1.5 trillion in new infrastructure investment. While much of the public and congressional interest regarding the Administration’s Infrastructure Initiative has been focused on the legislative principles, the Administration is also addressing infrastructure delivery through a range of policy and regulatory changes. One of the top priorities of the Administration is to rebuild and modernize the Nation’s infrastructure. The Administration’s goal is to seek and secure long-term reforms on how infrastructure projects are regulated, funded, delivered, and maintained. By streamlining project delivery and removing barriers, the Administration hopes to incentivize and expedite the delivery of our Nation’s infrastructure.

This letter encourages USACE to consult with the states as they consider any changes to section 401 authority under the CWA.

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