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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 

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.

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
Action Date FR Cite
NPRM  06/00/2019 
NPRM Comment Period End  08/00/2019 
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