Coordination Process for Approved Jurisdictional Determinations and Field Memoranda

Coordination Process for Approved Jurisdictional Determinations

For both regulatory regimes (the 2023 Rule, as amended, and the pre-2015 regime), under which the U.S. Army Corps of Engineers is issuing approved jurisdictional determinations, the agencies entered into joint coordination memoranda to establish a process by which the Corps and the EPA will coordinate on Clean Water Act geographic jurisdictional matters to ensure accurate and consistent implementation of the regimes where each regulatory regime is operative.

Joint Coordination Memorandum to the Field Between the U.S. Department of the Army, U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency on the January 2023 Rule, As Amended: The purpose of this memo is to establish a process by which the Corps and the EPA will coordinate on Clean Water Act geographic jurisdictional matters to ensure accurate and consistent implementation of the January 2023 rule, as amended, where that regulatory regime is operative. 

Related Material

Joint Coordination Memorandum to the Field Between the U.S. Department of the Army, U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency on the Pre-2015 Regulatory Regime: The purpose of this memo is to establish a process by which the Corps and the EPA will coordinate on Clean Water Act geographic jurisdictional matters to ensure accurate and consistent implementation of the pre-2015 regulatory regime, where that regulatory regime is operative.

Coordination Process Update

The below documents provide an update on the coordination process.

Memoranda to the Field

The Clean Water Act and the EPA and Corps' regulations, interpreted consistent with the Sackett decision, contain legally binding requirements. The memoranda listed below do not substitute for those provisions or regulations, nor are they regulations themselves. Thus, the memoranda do not impose legally binding requirements on the EPA, the Corps, Tribes, States, or the regulated community, and may not apply to a particular situation based upon the circumstances. To view associated approved jurisdictional determinations, please search for the given district identification number on the Corps' Jurisdictional Determinations and Permit Decisions Interface. Information is also available on the EPA's Clean Water Act Jurisdictional Determinations website.

Memoranda to the Field Implementing the 2023 Rule, as Amended:

  • Memorandum on LRB-2021-01386 (pdf) - This memorandum addresses the concept of how to identify the wetland area which is then assessed under the jurisdictional standard.
  • Memorandum on MVS-2023-00288 (pdf) - This memorandum addresses the concept of how to identify tributary reaches for purposes of assessing tributaries.
  • Memorandum on NWP-2023-602 (pdf) - This memorandum addresses whether the specific subsurface storm drain at issue can serve as a continuous surface connection for adjacent wetlands.
  • Memorandum on NAP-2023-01223 (pdf) - This memorandum addresses whether site specific discrete features can provide a continuous surface connection for adjacent wetlands.

Memoranda to the Field Implementing the Pre-2015 Regulatory Regime Consistent with Sackett:

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Last updated on September 4, 2024