Clean Water Act Section 404(g) Tribal and State Assumption
News and Updates
On December 18, 2024, the U.S. Environmental Protection Agency published the final rule for the Clean Water Act Tribal and State Assumption Program. This rule became effective on January 17, 2025. The comprehensive update to the program’s regulations updates and clarifies the requirements and procedures for Clean Water Act Section 404 program assumption, making administration and oversight more straightforward and transparent.
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Section 404 Assumption
Section 404(g) authorizes eligible Tribes and states to assume, or take over, Section 404 dredged and fill permitting authority in some waters of the United States.
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Regulatory Requirements
40 CFR part 233 outlines the regulatory requirements to assume and administer a CWA Section 404g dredged and fill permit program.
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Tribal & State Assumption Efforts
Two states are currently approved to administer a Clean Water Act Section 404 program, and many Tribes and states have expressed interest in assuming and administering a Section 404 program.