Code of Federal Regulations · Section
§ 325.9 — Authority To Determine Jurisdiction
33 C.F.R. § 325.9
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District engineers are authorized to determine the area defined by the terms “navigable waters of the United States” and “waters of the United States” except:
(a) When a determination of navigability is made pursuant to 33 CFR 329.14 (division engineers have this authority); or
(b) When EPA makes a section 404 jurisdiction determination under its authority.
Authorizing Statute
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Dumping permit program for dredged material33 U.S.C. § 1413
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Permits for dredged or fill material33 U.S.C. § 1344
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Departmental regulations5 U.S.C. § 301