CGP Permitting in Lands of Exclusive Federal Jurisdiction

Lands of Exclusive Federal Jurisdiction are lands in the U.S. where the Federal government retains exclusive jurisdiction in relevant respects. Not all Federal lands are Lands of Exclusive Federal jurisdiction. Rather, exclusive Federal jurisdiction is established only under limited circumstances pursuant to the Enclave Clause of the U.S. Constitution, article 1, section 8, clause 17.

Where Lands of Exclusive Federal Jurisdiction Are Located

The jurisdictional status of Federal lands is tracked by multiple Federal land management agencies. For this reason, and because jurisdictional status of Lands of Exclusive Federal Jurisdiction may change over time, EPA does not maintain a comprehensive map or list of these lands. By statute, the National Park Service identifies several national parks that contain Lands of Exclusive Federal Jurisdiction, including, for example, Denali National Park, Mount Rainier National Park, Olympic National Park, Hot Springs National Park, Hawai’i Volcanoes National Park, Yellowstone National Park, Yosemite National Park, Sequoia National Park, Crater Lake National Park, Glacier National Park, Rocky Mountain National Park, Mesa Verde National Park, Lassen Volcanic National Park, Mammoth Cave National Park, and Isle Royale National Park.

EPA’s NPDES Authority in Lands of Exclusive Federal Jurisdiction

EPA has authority to administer the NPDES permitting program within Lands of Exclusive Federal Jurisdiction. Therefore, where NPDES-regulated discharges, including stormwater discharges from regulated construction activities, will occur within a Land of Exclusive Federal Jurisdiction, the discharger must obtain permit coverage under an EPA-issued NPDES permit, such as the now modified 2022 CGP.

Why a Modification to the 2022 CGP was Necessary for Lands of Exclusive Federal Jurisdiction

The 2022 CGP and prior CGPs did not include eligibility for all Lands of Exclusive Federal Jurisdiction as a class. The effect of this omission was that construction projects scheduled to commence during the remaining effective period of the 2022 CGP (i.e., until the general permit expires on February 17, 2027) would have been unable to obtain coverage under this general permit. EPA is finalizing this permit modification to ensure that construction projects within any Lands of Exclusive Federal Jurisdiction are eligible to seek coverage under the 2022 CGP as modified.