Approved JDs and preliminary JDs are tools used by the U.S. Army Corps of Engineers (Corps) to help implement Section 404 of the Clean Water Act (CWA) and Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA). This RGL explains the differences between these two types of JDs and provides guidance on when an approved JD is required and when a landowner, permit applicant, or other "affected party"1 can decline to request and obtain an approved JD and elect to use a preliminary JD instead.
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Executive Order 13423
