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Laws, Regulations, TreatiesRelated Links: General Water Laws | Wetlands | Oceans, Coasts, & Estuaries | Watersheds Key federal statutes governing wetlands in the United States
Policy and Technical Guidance Documents
Section 404 JurisdictionGenerally1979 "Civiletti" Memorandum - US Attorney General opninion on ultimate adminstrative authority under Section 404 to determine the reach of "navigable waters" and the meaning of Section 404(f). 1989 Memorandum of Agreement - allocates responsibilities between EPA and the Corps for determining the geographic scope of the Section 404 program and the applicability of exemptions from regulation under Section 404(f). Geographic JurisdictionDredged MaterialInformation pertaining to Revisions to Clean Water Act Regulatory Definition of "Discharge of Dredged Material," January 17, 2001, Final Rule Scope Revisions to the Clean Water Act Regulatory Definition of "Discharge of Dredged Material," May 10, 1999, Final Rule Memorandum on Issuance of Final Rule Responding to National Mining Association Decision, May 10, 1999 joint memorandum from EPA and the U.S. Army Corps of Engineers Guidance Regarding Regulation of Certain Activities in Light of American Mining Congress v. Corps of Engineers, April 11, 1997 guidance from EPA and the U.S. Army Corps of Engineers. Dredged Material ManagementComparison of Dredged Material to Reference Sediment Inland Testing Manual - This joint EPA and Corps document, "Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. - Testing Manual" (ITM), provides guidance regarding technical protocols under Section 404 for evaluating proposed discharges of dredged material associated with navigational dredging projects. Fill MaterialInformation pertaining to Proposed Revisions To The Regulatory Definition Of "Fill Material," June 16, 2000 1986 Memorandum of Agreement - outlines EPA and Corps approach to controlling discharges of solid waste into wetlands and other waters. Dispute Resolution under Section 404(q)1992 Memorandum of Agreement - establishes procedures for the Corps and EPA to minimize delays and resolve disputes in the issuance of Section 404 permits. Establishing Appeals for LandownersFinal Rule for Appeals Procedure - Establishes a procedure to appeal a permit denied with prejudice by the District Engineer, as well as appeal of a declined proffered individual permit. (PDF, 115KB, 15 pages) Compensatory Mitigation/Mitigation BankingWetlands on Agricultural Lands1990 Memorandum to the Field- explains the applicability of the Section 404 program to agriculture and clarifies agricultural exemptions under section 404(f). Regulatory Guidance Letter 96-02- joint Army Corps/EPA RGL on the applicability of exemptions under Section 404(f) to "Deep-Ripping" Activities in Wetlands. (PDF, 5 pp, 30KB, About PDF) Wetlands and ForestrySummary of the Forestry Resolution- outlines the innovative resolution of a long-standing silvicultural issue affecting forested wetlands in the Southeast. The guidance clarifies where a wetlands permit is not needed when certain ´Best Management´ practices are conducted in association with forestry site preparation. 1995 Forestry Guidance - the full text of the guidance. Coral Reef Guidance1999 Memorandum to the Field - emphasizes the protection afforded the Nation´s valuable coral reef ecosystems under the Clean Water Act (CWA) Section 404 regulatory program, the Marine Protection, Research, and Sanctuaries Act (MPRSA) Sections 102 and 103 provisions, Rivers and Harbors Act (RHA) Section 10 requirements, and Federal Projects conducted by the Corps. Regulatory Flexibility1995 Memorandum to the Field - identifies regulatory flexibility under Section 404 of the Clean Water Act to those small landowners impacting less than two acres of wetlands on their property. 1993 Memorandum to the Field - clarifies that the level of review associated with a permit application is linked to the nature of anticipated environmental impacts. Thus, small projects with fewer impacts require less review. Surface Coal Mining OperationsJoint Procedures Framework MOU for Surface Coal Mining Permit Applications - February 10, 2005 - The U.S. Office of Surface Mining (OSM), U.S. Army Corps of Engineers (COE), U.S. Environmental Protection Agency (EPA), and U.S. Fish and Wildlife Service (FWS) have coordinated in the development of a Memorandum of Understanding (MOU) to improve coordination and information sharing among the agencies responsible for reviewing and processing Surface Mining Control and Reclamation Act (SMCRA) and Clean Water Act (CWA) Section 404 dredge and fill permits. EPA/Corps Memo on CWA Requirements and Coal Mining Operations - May 5, 2003 (PDF format, 179 KB). 1999 Memorandum of Understanding - establishes a process for improving coordination among the U.S. Office of Surface Mining, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and West Virginia Division of Environmental Protection, in the review of permit applications required for surface coal mining and reclamation operations resulting in the placement of excess spoil fills in the waters of the United States in West Virginia. Wetlands and Water Quality1990 National Guidance - Water Quality Standards for Wetlands - assists States in applying their water quality standards regulations to wetlands. Wetlands and Non-point Source Control1990 National Guidance: Wetlands and Non-Point Source Control - describes how State non-point source programs can use the protection of existing wetlands and the restoration of previously lost or degraded wetlands to meet the water quality objectives of adjacent or downstream water bodies. Enforcement1989 Memorandum of Agreement - establishes the allocation of enforcement responsibilities between EPA and the Corps for Section 404 of the Clean Water Act. Corps Regulatory Guidance LettersRGLs on the Corps of Engineers Home Page
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