Clean Water Act Section 404(g) Tribal and State Assumption
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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.