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DOD/COE | RIN: 0710-AA76 | Publication ID: Fall 2018 |
Title: Administrative Appeal Process for the Regulatory Program of the Corps of Engineers | |
Abstract:
The Supreme Court decided on 31 May 2016 that U.S. Army Corps of Engineers approved jurisdictional determinations (AJDs; as defined in 33 CFR 331.2) are final agency actions. The decision had the immediate implications of making all AJDs able to be challenged in court without going through the permit process or the administrative appeal process. This rulemaking will require that a party must exhaust administrative appeal remedies prior to filing a legal action in the Federal courts on an AJD, which will be consistent with the process for other Corps final decisions, permit denials, and proffered permits. |
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Agency: Department of Defense(DOD) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Undetermined | Unfunded Mandates: Undetermined |
EO 13771 Designation: Other | |
CFR Citation: 33 CFR 331 | |
Legal Authority: 33 U.S.C. 403 33 U.S.C. 1344 33 U.S.C. 1413 33 U.S.C. 2101 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Stacey Jensen Department of Defense U.S. Army Corps of Engineers 441 G Street NW., Washington, DC 20314 Phone:202 761-5856 |