Regulatory Announcement

31 January 2024 – USACE launches new Regulatory Request System
HQ USACE Regulatory

USACE announces the launch of its new Regulatory Request System (RRS). RRS is designed to make the review of permit requests a transparent and efficient process for the public. RRS, currently in a beta version, provides general information on the Regulatory Program and allows the public to submit pre-application meeting requests and jurisdictional determination requests.

Additional capability is scheduled in Spring 2024. This added capability will allow users the ability to electronically submit individual and general permit applications and other necessary information, saving time and reducing the need for paper-based submissions.

RRS will streamline the permit application process and underscores USACE commitment to modernizing our application process, meeting user expectations, and providing a transparent, straightforward process for the timely review of permit requests.

Stay tuned for further updates on the full release of the RRS. Please click on the following link to access RRS: https://rrs.usace.army.mil

For additional information on or to provide feedback on RRS, please contact the rrs@usace.army.mil.

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Program Updates

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USACE is pleased to announce the release of ENG Forms 6116 (1-9), Automated Wetland Determination Data Sheets (ADS), and the associated “User Guide for Automated Wetland Determination Data Sheets”. Practitioners, including the public, should, at a minimum, utilize the PDF versions of the approved forms to document the presence or absence of wetlands for the applications related to the administration of the Clean Water Act (CWA) and the Rivers and Harbors Act (RHA). The Excel-based ADS is an optional tool.  However, the PDF versions do not provide the automated features found in the Excel-based versions. The PDF data forms included in the Regional Supplements were intended to be manually completed by hand as opposed to the automated data sheets. A subsequent collaboration between the USACE Detroit District and the U.S. Army Engineer Research and Development Center’s Wetlands Regulatory Assistance Program resulted in the development of an automated, Excel-based ADS for each of the 10 Regional Supplements and the associated User Guide. To access these forms please follow the link above and proceed to the "General Information" tab. 


20 January 2023 - The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the draft changes to the 2022 NWPL and its web address to solicit public comments.  The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for two plant species in the Arid West region.  The Federal Register Notice (FRN) for the 2022 NWPL update can be found here: 2023-01026.   The public comment period ends on 21 March 2023.

The two species and their draft 2022 wetland ratings by region, as well as the FRN, can also be viewed at the NWPL homepage, https://wetland-plants.sec.usace.army.mil/, under “2022 NWPL Update Information.”  A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information.  Specific knowledge of, or studies related to, individual species are particularly helpful.  Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information.  Providing ratings without supporting documentation or information is not recommended.  All submitted comments and information will be compiled and sent to the National Panel for their consideration.

USACE is also seeking comments regarding the NWPL update process and a proposed change to update the NWPL every three years, rather than the present every two years.  Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the “NWPL Publications” web page referenced above):

  1. Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3

  2. Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1

USACE administers the NWPL for the United States and its territories.  The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2022 and included review by Regional Panels and the National Panel. 

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register; the rule will be effective on March 20, 2023. The agencies developed this rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available at: https://www.epa.gov/wotus/revising-definition-waters-united-states.

The U.S. Army Corps of Engineers (Corps), Sacramento, San Francisco, Los Angeles, and Albuquerque Districts (South Pacific Division), the Corps Omaha District, and the U.S. Environmental Protection Agency (EPA), Regions 6 , 8, and  9 jointly announce the availability of the Beta Streamflow Duration Assessment Method (SDAM) for the Arid West (dated February 2021). The method is a rapid assessment tool to help distinguish between ephemeral, intermittent, and perennial streamflow at the reach scale. The SDAM may help in providing technical guidance for identifying waters that may be subject to regulatory jurisdiction under the Clean Water Act.

this manual will provide a standardized process, a uniform datasheet, and unified field procedures to identify and delineate the OHWM of rivers and streams located throughout the Nation. The National OHWM Manual will help to promote accurate, consistent, and efficient OHWM delineation practices by practitioners and by USACE and other agencies.

Albuquerque Regulatory Area of Responsibility

Submittal Process:  All permit applications, pre-construction notifications, requests for jurisdictional determinations, compliance certifications, and monitoring reports for projects within the Albuquerque District should be submitted electronically to the following general email boxes.

Activities within New Mexico: 

SPA-RD-NM@usace.army.mil

Activities within Colorado: 

SPA-RD-CO@usace.army.mil

Activities within West Texas: 

SPA-RD-TX@usace.army.mil

Activities within Navajo Nation:

SPA-RD-NN@usace.army.mil

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