[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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 
 
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.