SACRAMENTO DISTRICT

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

• On 04 November 2016, the U.S. Army Corps of Engineers South Pacific Division (SPD) posted 2016-DVPGL, DRAFT Vernal Pool Mitigation and Monitoring Guidelines to http://www.spd.usace.army.mil/Missions/Regulatory/Public-Notices-and-References/Article/996958/2016-dvpgl-draft-vernal-pool-mitigation-and-monitoring-guidelines/
  This public notice announces DRAFT Vernal Pool Mitigation and Monitoring Guidelines for the California portion of SPD regarding procedures for compensatory mitigation projects involving vernal pool habitats as required by Department of the Army permits.
• On 31 October 2016, the U.S. Army Corps of Engineers issued Regulatory Guidance Letter 16-01, Subject: Jurisdictional Determinations. The RGL provides guidance to Corps districts on the need to coordinate with the JD requestor to ensure they are provided with the appropriate JD, if any, that best satisfies their needs and circumstances. RGL 16-01 makes it clear the Corps will continue its practice of providing an Approved JD if the landowner still believes that form of JD is needed after have been explained the various options. The RGL also provides additional guidance regarding documentation of Preliminary JDs and Approved JDs.
• Updated Standard Operating Procedures for Determination of Mitigation Ratios have been added to SPD's public notice and references page: http://www.spd.usace.army.mil/Missions/Regulatory/Public-Notices-and-References/