NACEPT Assumable Waters Subcommittee Working Documents

These documents have been prepared by the workgroups and individual members of the Assumable Waters Subcommittee. These documents were created for the purpose of the Assumable Waters Subcommittee deliberations only, to facilitate their understanding of the issues and challenges before them.

These documents do not reflect consensus of the full Subcommittee nor a policy or legal position of any participating entity. 

• Legislative History of 404(g).pdf (pdf) (65.03 KB)
  This is a summary of the legislative history of Clean Water Act Section 404(g)(1). It was prepared for deliberation purposes only as background information for the Assumable Waters Subcommittee. Prepared by Virginia Albrecht, Jan Goldman-Carter, and Dave Ross.
• Adjacency in 404(g)(1) (pdf) (37.6 KB)
  This is a summary of the legislative history regarding adjacent wetlands under Clean Water Act section 404(g)(1). It was prepared by Virginia Albrecht, Jan Goldman-Carter, and Dave Ross as background information for the Assumable Waters Subcommittee.
• Adjacency Workgroup Report (pdf) (1.6 MB)
  This document summarizes the Adjacency Workgroup’s efforts to understand the issue and look at options of how clarity could be provided regarding the extent of wetlands that are to be retained by the U.S. Army Corps of Engineers under an approved State or Tribal Clean Water Act section 404 program. Prepared by Gary Setzer with input from the workgroup.
• Waters Workgroup Final Report (pdf) (308.65 KB)
  This is a summary of the Waters Workgroup's efforts to address how clarity could potentially be provided regarding which jurisdictional waters may be assumed under a State or Tribal Section 404 program. Prepared by Peg Bostwick with input from the workgroup members.
• Tribal Issues Regarding CWA section 404(g) (pdf) (102.74 KB)
  This document identifies a set of “Tribal Issues” that staff of the U.S. Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE), states, tribes and other interested parties should be aware of when considering assumption of Clean Water Act Section 404. Prepared by Richard Gitar.