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DOD/COE RIN: 0710-AB29 Publication ID: Fall 2021 
Title: Reissuance and Modification of Nationwide Permits 

The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act of 1899.  The NWPs authorize specific categories of activities in jurisdictional waters and wetlands that have no more than minimal individual and cumulative adverse environmental effects. The NWPs help protect the aquatic environment and the public interest by providing incentives to reduce impacts on jurisdictional waters and wetlands, while effectively authorizing activities that have no more than minimal individual and cumulative adverse environmental effects. In January 2021, the Corps reissued and modified 12 existing NWPs and issued four new NWPs (RIN 0710-AA84). For these 16 NWPs, the Corps also reissued and modified the NWP general conditions and definitions. In the January 2021 final rule, the Corps did not reissue or modify the remaining 40 existing NWPs or make a final decision concerning proposed new NWP E (water reclamation and reuse facilities). The 40 remaining NWPs continue to be in effect under the January 6, 2017, final rule and the general conditions and definitions that were issued in the 2017 final rule continue to apply to those 40 permits. The remaining 40 NWPs will expire on March 18, 2022, if they are not reissued. This separate final rule will address the reissuance and modification of these 40 NWPs and the decision regarding whether to issue proposed new NWP E.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: None     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 U.S.C. 1344(e)    33 U.S.C. 403   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/15/2020  85 FR 57298   
NPRM Comment Period End  11/16/2020 
Final Action  11/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
David B. Olson
Regulatory Program Manager
Department of Defense
U.S. Army Corps of Engineers
CECW-CO-R, 441 G Street NW,
Washington, DC 20314-1000
Phone:202 761-4922