Latest News

26 May 2023 - The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.

https://www.usace.army.mil/Media/Announcements/Article/3409141/26-may-2023-supreme-court-ruling-in-sackett-v-environmental-protection-agency/

20 January 2023 - The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the draft changes to the 2022 NWPL and its web address to solicit public comments.  The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for two plant species in the Arid West region.  The Federal Register Notice (FRN) for the 2022 NWPL update can be found here: 2023-01026 <https://www.federalregister.gov/documents/2023/01/20/2023-01026/national-wetland-plant-list>. The public comment period ends on 21 March 2023.

The two species and their draft 2022 wetland ratings by region, as well as the FRN, can also be viewed at the following location: <https://wetland-plants.sec.usace.army.mil> , under “2022 NWPL Update Information.”  A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information.  Specific knowledge of, or studies related to, individual species are particularly helpful.  Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information.  Providing ratings without supporting documentation or information is not recommended.  All submitted comments and information will be compiled and sent to the National Panel for their consideration.

USACE is also seeking comments regarding the NWPL update process and a proposed change to update the NWPL every three years, rather than the present every two years.  Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the “NWPL Publications” web page referenced above):

1.  Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3

2.  Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1

USACE administers the NWPL for the United States and its territories.  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.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2022 and included review by Regional Panels and the National Panel. 

2 December 2022 - Notice of Availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams
The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and are soliciting public comments on this Interim Draft. The Interim Draft of the National OHWM Manual does not imply or represent a change to the definition of “ordinary high water mark” (OHWM) or “Waters of the U.S.” nor does it change existing guidance related to the OHWM (e.g., Regulatory Guidance Letter No. 05-05). Instead, the Interim Draft of the National OHWM Manual provides draft technical guidance for identifying aquatic resources that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act (CWA) and/or Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA), by providing a standard process, uniform datasheets, and unified field procedures to identify and delineate the OHWM of rivers and streams located throughout the Nation. The Interim Draft of the National OHWM Manual was developed by the National Technical Committee for OHWM, which includes experts from Federal agencies and academia. The document provides a scientifically based, rapid framework to support OHWM identification and delineation in a consistent, robust, repeatable, and defensible way.

The document can be found here: 
https://www.erdc.usace.army.mil/Media/Fact-Sheets/Fact-Sheet-Article-View/Article/486085/ordinary-high-water-mark-ohwm-research-development-and-training/

07 August 2019 - Regulatory Guidance Letter 19-02 (Timeframes for Clean Water Act Section 401 Water Quality Certifications and Clarification of Waiver Responsibility)  The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 19-02. This RGL provides guidance to USACE district engineers to clarify timeframes improve efficiency for receiving Section 401 Water Quality Certification decisions.

*Section 408 Civil Works Project Alterations*

Submit Proposed Projects: Regulatory.408@usace.army.mil 

Regulatory Guidance Letter 16-01

October 2016

Subject: Jurisdictional Determinations

Regulatory Guidance Letter (RGL) No. 16-01