[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: 33CFR329.15]



[Page 471-472]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 329_DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES--Table of 

Contents

 

Sec.  329.15  Inquiries regarding determinations.



    (a) Findings and determinations should be made whenever a question 

arises regarding the navigability of a waterbody. Where no determination 

has been made, a report of findings will be prepared and forwarded to 

the division engineer, as described above. Inquiries may be answered by 

an interim reply which indicates that a final agency determination must 

be made by the division engineer. If a need develops for an energency 

determination, district engineers may act in reliance on a finding 

prepared as in section 329.14 of this part. The report of findings 

should then be forwarded to the division engineer on an expedited basis.

    (b) Where determinations have been made by the division engineer, 

inquiries regarding the navigability of specific portions of waterbodies 

covered by these determinations may be answered as follows:

    This Department, in the administration of the laws enacted by 

Congress for the protection and preservation of the navigable waters of 

the United States, has determined that ------ (River) (Bay) (Lake, etc.) 

is a navigable



[[Page 472]]



water of the United States from ------ to ------. Actions which modify 

or otherwise affect those waters are subject to the jurisdiction of this 

Department, whether such actions occur within or outside the navigable 

areas.

    (c) Specific inquiries regarding the jurisdiction of the Corps of 

Engineers can be answered only after a determination whether (1) the 

waters are navigable waters of the United States or

    (2) If not navigable, whether the proposed type of activity may 

nevertheless so affect the navigable waters of the United States that 

the assertion of regulatory jurisdiction is deemed necessary.