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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.