[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR323.5]



[Page 419]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 323_PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS 

OF THE UNITED STATES--Table of Contents

 

Sec.  323.5  Program transfer to States.



    Section 404(h) of the CWA allows the Administrator of the 

Environmental Protection Agency (EPA) to transfer administration of the 

section 404 permit program for discharges into certain waters of the 

United States to qualified States. (The program cannot be transferred 

for those waters which are presently used, or are susceptible to use in 

their natural condition or by reasonable improvement as a means to 

transport interstate or foreign commerce shoreward to their ordinary 

high water mark, including all waters which are subject to the ebb and 

flow of the tide shoreward to the high tide line, including wetlands 

adjacent thereto). See 40 CFR parts 233 and 124 for procedural 

regulations for transferring section 404 programs to States. Once a 

State's 404 program is approved and in effect, the Corps of Engineers 

will suspend processing of section 404 applications in the applicable 

waters and will transfer pending applications to the State agency 

responsible for administering the program. District engineers will 

assist EPA and the States in any way practicable to effect transfer and 

will develop appropriate procedures to ensure orderly and expeditious 

transfer.