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DOD/COE RIN: 0710-AB50 Publication ID: Fall 2022 
Title: Administrative Appeal Process 
Abstract:

The U.S. Army Corps of Engineers (Corps) proposes revisions to the regulation implementing the administrative appeal process for permits issued under sections 9 and 10 of the Rivers and Harbors Act of 1899, section 404 of the Clean Water Act, and section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, as well as approved jurisdictional determinations that identify the geographic scope of waters of the United States. In U.S. Army Corps of Engineers v. Hawkes Co., Inc., et al. (2016), the U.S. Supreme Court held that approved jurisdictional determinations issued by the Corps are final agency actions that can be challenged in court without going through the permit process. The proposed revisions to the regulation would include approved jurisdictional determinations as one category of actions for which the affected party must first exhaust all applicable administrative remedies before filing a legal action in the Federal courts, which would align approved jurisdictional determinations with the process for other Corps decisions subject to the administrative appeal process prior to judicial review.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 33 CFR 331   
Legal Authority: 33 U.S.C. 401   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  To Be Determined 
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:
Matthew Wilson
Regulatory Program Manager
Department of Defense
U.S. Army Corps of Engineers
441 G Street NW,
Washington, DC 20314
Phone:202 761-5856