Clean Water Act (CWA) section 404(g) authorizes states and tribes to assume administration of the dredged and fill permitting program for certain waters, within their borders, and it addresses the requirements for implementation and the EPA oversight. In April 2014, states and tribes requested that the EPA clarify those waters over which a state or tribe may assume CWA section 404 permit responsibilities, and those waters over which the U.S. Army Corps of Engineers (Corps) retains CWA section 404 permit responsibility, under an approved state or tribal program. In 2015, the EPA convened a Federal Advisory Committee (FACA), comprised of state, tribal and other stakeholder representatives charged with providing recommendations for how the EPA could provide clarity on this issue. This rule is intended to provide clarity on the issue of which waters are assumable following the EPA's consideration of the FACA recommendations and to provide needed technical corrections and updates to the existing 1988 regulations.