Proposed Revision of Clean Water Act Section 404 Tribal and State Program Regulations
On December 18, 2024, the U.S. Environmental Protection Agency published the final rule for the CWA Tribal and State Assumption Program. This rule is effective on January 17, 2025. See more on the final 2024 CWA 404(g) Rule here.
On this page:
- Proposed Revision of Clean Water Act Section 404 Tribal and State Program Regulations
- How to Provide Written Comments on the Proposal
- Outreach and Engagement Opportunities
- Tribal Consultation and Coordination
Proposed Revision of Clean Water Act Section 404 Tribal and State Program Regulations
On July 19, 2023, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to revise the Clean Water Act (CWA) Section 404 Tribal and State Program Regulations. The proposed regulatory revision will streamline and clarify the requirements and steps necessary for states and Tribes to administer programs protecting waterways from discharges of dredged or fill material without a permit. EPA's proposal would address key barriers identified by states and Tribes to assuming and administering CWA section 404 while expanding opportunities for Tribes to meaningfully engage in permitting actions.
You can find the docket for this proposed rulemaking here.
- Press Release: EPA Proposes to Streamline Requirements for States and Tribes, Strengthen Co-Regulator Partnerships to Protect Nation's Waters
- Proposed Rule: Clean Water Act Section 404 Tribal and State Program Regulation EPA-HQ-OW-2020-0276; FRL-6682-02-OW (pdf)
- Rule Fact Sheet: Proposed Rule: Revision of Clean Water Act Section 404 Tribal and State Program Regulations (pdf)
- Economic Analysis: Economic Analysis for Clean Water Act Section 404 Tribal and State Program Regulation (pdf)
EPA will continue to update this page as the rulemaking process develops.
How to Provide Written Comments on the Proposal
The 60-day comment period began on August 14, 2023, with the publication of the proposed rule in the Federal Register. The public comment period ended on October 13, 2023.
Outreach and Engagement Opportunities
On Wednesday, September 6, 2023, EPA held a public hearing for interested parties to provide oral comments on EPA's proposed rule. EPA also held one state input session, intended for state officials and organizations, and two Tribal input sessions, each providing identical information, intended for Tribal officials and organizations. The public hearing recording, as well as presentation slides for the public hearing and the state and Tribal input sessions are available below.
Public Hearing: Wednesday, September 6 from 3:30pm-7:30pm Eastern Time
Public Hearing Presentation: EPA CWA 404(g) Public Hearing Presentation (pdf)
View EPA's CWA 404(g) Public Hearing Recording Here
State Input Session: Thursday, August 24 from, from 1:30pm-4:30pm Eastern Time
State Input Session Presentation: EPA CWA 404(g) State Input Session Presentation (pdf)
Tribal Input Session #1: Tuesday, August 15 from 2:30pm-4:30pm Eastern Time
Tribal Input Session #1 Presentation: EPA CWA 404(g) Tribal Input Session #1 Presentation (pdf)
Tribal Input Session #2: Wednesday, August 30 from 2:30pm-4:30pm Eastern Time
Tribal Input Session #2 Presentation: EPA CWA 404(g) Tribal Input Session #2 Presentation (pdf)
EPA will consider all oral comments provided during the public hearing and state and Tribal input sessions, along with written comments submitted via the docket for this rulemaking (Docket ID No. EPA-HQ-OW-2020-0276). You can find the docket for this proposed rulemaking here.
Tribal Consultation and Coordination
EPA completed a Tribal consultation and coordination period, which provided Tribes an opportunity to share input and comments with EPA on the proposed rule. This process was conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes. For more information on the Tribal consultation and coordination process, please visit EPA's Tribal Consultation Opportunities Tracking System website.