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DOD/COE RIN: 0710-AB51 Publication ID: Fall 2023 
Title: Reissuance and Modification of Nationwide Permit 12 

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 may be issued for a period of no more than five years per statute, and the Corps has the authority to modify or revoke the NWPs before they expire. In January 2021, the Corps reissued or modified 12 existing NWPs and issued four new NWPs along with NWP general conditions and definitions (RIN 0710-AA84) which are set to expire in March 2026, including Nationwide Permit 12. For these 16 NWPs, the Corps also reissued or modified the NWP general conditions and definitions.

In March 2022, the Department of the Army issued a Federal Register notice stating that it will undertake a formal review of NWP-12. This review has included a series of virtual meetings with the public, a series of virtual meetings with Tribes, and a docket for written comments, which concluded in May 2022. As a next step, the Corps plans to propose specific changes to Nationwide Permit 12, based on the input received during the outreach engagement period.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 33 CFR ch. II     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 U.S.C. 403    33 U.S.C. 1344   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/00/2024 
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:
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