[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: 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 
 
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.