Summary of Proposed Rule on State/Tribal Assumption (404(g))

A summary of the proposed rule, Clean Water Act Section 404 Tribal and State Program Regulation (Proposed Rule). The Proposed Rule represents a comprehensive update to the regulations governing tribal and state assumption of permitting authority under CWA section 404(g).  The major provisions of the Proposed Rule provide clarity and changes over several aspects of state and tribal assumption, including: (i) program assumption requirements; (ii) retained waters, including adjacent wetlands; (iii) mitigation; (iv) the effective date of assumption; (v) judicial review and rights of appeal; (vi) permitting for long-term projects; (vi) tribes affected as downstream states; (vii) compliance evaluation and enforcement; and (viii) withdrawal procedures.