[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR336.0]

[Page 576]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 336--FACTORS TO BE CONSIDERED IN THE EVALUATION OF ARMY CORPS OF ENGINEERS DREDGING PROJECTS INVOLVING THE DISCHARGE OF DREDGED MATERIAL INTO WATERS OF THE U.S. AND OCEAN WATERS--Table of Contents
 
Sec. 336.0  General.

    Since the jurisdiction of the CWA extends to all waters of the U.S., 
including the territorial sea, and the jurisdiction of the ODA extends 
over ocean waters including the territorial sea, the following rules are 
established to assure appropriate regulation of discharges of dredged or 
fill material into waters of the U.S. and ocean waters.
    (a) The disposal into ocean waters, including the territorial sea, 
of dredged material excavated or dredged from navigable waters of the 
U.S. will be evaluated by the Corps in accordance with the ODA.
    (b) In those cases where the district engineer determines that the 
discharge of dredged material into the territorial sea would be for the 
primary purpose of fill, such as the use of dredged material for beach 
nourishment, island creation, or construction of underwater berms, the 
discharge will be evaluated under section 404 of the CWA.
    (c) For those cases where the district engineer determines that the 
materials proposed for discharge in the territorial sea would not be 
adequately evaluated under the section 404(b)(1) guidelines of the CWA, 
he may evaluate that material under the ODA.