The State or Tribe assumes responsibility for the program, determines what areas and activities are regulated, processes individual permits for specific proposed activities, and carries out enforcement activities. When States or Tribes assume administration of the Section 404 program, the Corps no longer processes Section 404 permits in waters under State or Tribal jurisdiction. What Happens After States or Tribes Assume the Program? Provide for sufficient public participationĮnsure compliance with the Section 404(b)(l) guidelines, which provide environmental criteria for permit decisions Regulate at least the same activities as the Federal program Have an equivalent scope of jurisdiction as the Federal program To be eligible to assume the Federal program, State or Tribal programs must (See the box on page 2 for details on this process.) Even for States or Tribes with an existing wetlands regulatory program, this process can require the passage of new legislation. To assume the Section 404 program, States or Tribes need to develop a wetlands permit program similar to the Federal program and submit to the EPA an application to assume the program. State assumption under Clean Water Act Section 404 does not affect the Corps' responsibilities to regulate navigable waters under Section 10 of the Rivers and Harbors Act of 1899. Waters used as a means to transport interstate or foreign commerce and their adjacent wetlands. Army Corps of Engineers retains jurisdiction in. States and Tribes can assume the Federal Section 404 program only in certain waters. Which Waters Can States/Tribes Administer under the Section 404 Program? If States or Tribes assume program administration, Section 404 permit applicants would need only a State or Tribal permit for dredged or fill material discharges in certain waters. By formally assuming administration of the Federal regulatory program, States or Tribes can eliminate unnecessary duplication between programs. This makes sense because State and Tribal regulators are, in many cases, located closer to the proposed activities and are often more familiar with local resources, issues, and needs than are Federal regulators. More than a dozen States already are currently administering aquatic resources/wetlands protection programs similar to the Federal Section 404 program. Why Assume Administration of the Section 404 Program?
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