[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2008]
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 permitprogram for discharges into certain waters of the
United States to qualified States. (The program cannot be transferred
for those waters which arepresently used, or are susceptible to use in
their natural condition or by reasonable improvement as a means to
transport interstate or foreign commerceshoreward 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 aState's 404 program
is approved and in effect, the Corps of Engineers will suspend
processing of section 404 applications in the applicable waters and
willtransfer pending applications to the State agency responsible for
administering the program. District engineers will assist EPA and the
States in any waypracticable to effect transfer and will develop
appropriate procedures to ensure orderly and expeditious transfer.