NACEPT Assumable Waters Subcommittee Documents (March 15-17, 2016)

The presentations given by the members of the subcommittee are listed below.  

Please Note: Some of these documents were provided to EPA in a format that we cannot ensure compliance with Section 508 requirements.  Others were created before accessibility requirements under Section 508 were in effect. If a document is not accessible to you and you need a reasonable accommodation, please submit a request through the "Contact Us" button.

• Summary of Legislative and Regulatory History of Clean Water Act Section 404(g) (pdf) (179.24 KB, March 15, 2016)
  This explores the meaning of the Clean Water Act (CWA) section 404(g)(1) parenthetical language by reviewing the legislative history of the 1977 CWA amendments which led to 404(g)(1). The summarized legislative history includes: the report of the House Committee on Public Works and Transportation, passages from earlier versions of both the House and Senate bills, and excerpts from the Conference Report. This is for draft discussion purpposes only it does not represent group consensus.
• The Meaning of "Adjacent" in Clean Water Act Section 404(g)(1) (pdf) (233.83 KB, march 6, 2016)
  This document looks at the legislative history of Section 404(g)(1) of the Clean Water Act to try and discern the meaning of the term "adjacent" in the parenthetical of this section of the Act. This document was prepared by individual members of the Assumable Waters Subcommittee legal workgroup. It does not reflect the policy or legal position of any subcommittee member. It is for discussion purposes only.
• Outline of Rivers and Harbors Act Section 10 Case Law: Summary of Key Concepts and Terms Relevant to the Work of the Subcommittee (pdf) (401.47 KB, March 15, 2016)
  This document outlines Rivers and Harbors Act Section 10 Case Law: Relevant to the Work of this subcommittee. It is the work of one member and does not represent consensus of the group. It is for background purposes to assist the subcommittee with its discussions.
• DRAFT Report and Recommendations of the Water Workgroup (pdf) (120.65 KB, March 15, 2016)
  This is the first draft of the Waters Subgroup of the Assumable Waters Subcommittee under NACEPT. This document looks to parse which waters the Corps of Engineers retains and which a State or Tribes may assume pursuant to Section 404(g) of the Clean Water Act. This is for discussion purposes and is not a final product of the subcommittee.
• Waters Workgroup Powerpoint (pdf) (446.19 KB, March 15, 2016)
  This is the powerpoint presentation the waters subgroup gave to the subcommittee summarizing their discussions and recommendations to date.
• Presentation of Adjacency Workgroup's Discussions (pdf) (847.28 KB, march 16, 2016)
  This presentation summarizes the Adjacency workgroup's discussions up until the March meeting of the subcommittee. The following documents help to further explain what is presented in this presentation. (Adjacency Workgroup's Rationale Supporting Options, Rationale for Options 2 and 4).The presentation is a summary of discussion and does not represent group consensus.
• Adjacency Workgroup Rationale Supporting Options in Powerpoint (pdf) (67.84 KB, march 16, 2016)
  This is a general background piece to accompany the Adjacency workgroup's powerpoint presentation. It summarizes discussions and does not represent consensus of the workgroup.
• Adjacency Workgroup's Background Rationale for Option 2 (pdf) (71.36 KB, March 16, 2016)
  Adjacency Workgroup's Background Rationale for Option 2. This is for discussion purposes only and to help interpret the Powerpoint.
• Adjacency Workgroup's Rationale for Option 4 (pdf) (138.76 KB, March 16, 2016)
  Summary of rationale behind Option 4 in the Adjacency Workgroup's powerpoint. It does not represent consensus of the workgroup. It is a working document.
• Wisconsin Legislative News Brief Article (pdf) (803.09 KB, march 2016)
  Provided by a subcommittee member, this article references the Wisconsin Assembly Bill 600 relating to navigable waters and wetlands bill passed in February of 2016.
• Flowchart of EPA's Tier 1 and 2 rulemaking process (pdf) (290.21 KB)
  This powerpoint has a graphic of EPA's tier one and tier 2 rulemaking process taken from the Agency's Action Development Process Guidance Document. It was shown as subcommittee members had question about EPA's rulemakin gprocess including the steps and time it takes to develop a rule. This was for subcommittee discussion purposes. It does not indicate that the subcommittee will recommend the EPA undertake a rulemaking effort. Such discussions have not yet taken place.