Notice2026-05051
Notice of Solicitation of Input on Potential Future Changes to Nationwide Permits; Establishment of a Public Docket; Request for Input
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Published
March 16, 2026
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The U.S. Army Corps of Engineers (Corps) is seeking input from all interested parties on ways to increase the efficiency of the nationwide permit program. The Corps will consider this input in future rulemaking related to the nationwide permits. The nationwide permits authorize activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.
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<title>Federal Register, Volume 91 Issue 50 (Monday, March 16, 2026)</title>
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[Federal Register Volume 91, Number 50 (Monday, March 16, 2026)]
[Notices]
[Pages 12591-12593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05051]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Notice of Solicitation of Input on Potential Future Changes to
Nationwide Permits; Establishment of a Public Docket; Request for Input
AGENCY: U.S. Army Corps of Engineers, Army, DoD.
ACTION: Notice; solicitation of input.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is seeking input from
all interested parties on ways to increase the efficiency of the
nationwide permit program. The Corps will consider this input in future
rulemaking related to the nationwide permits. The nationwide permits
authorize activities under Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act.
DATES: In order to be considered, comments must be received in
<a href="http://regulations.gov">regulations.gov</a> or postmarked on or before May 15, 2026.
ADDRESSES: You may send comments, identified by docket number COE-2026-
0001, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G
Street NW, Washington, DC 20314-1000.
Due to security requirements, we cannot receive comments by hand
delivery or courier or uploaded on external storage devices.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal
information provided, unless the commenter indicates that the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI, or otherwise
protected, through <a href="http://regulations.gov">regulations.gov</a>. The <a href="http://regulations.gov">regulations.gov</a> website is an
anonymous access system, which means we will not know your identity or
contact information unless you provide it in the body of your comment.
FOR FURTHER INFORMATION CONTACT: Ms. Katherine McCafferty at 513-310-
4196 or access the U.S. Army Corps of Engineers Regulatory Home Page at
<a href="https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/">https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/</a>.
SUPPLEMENTARY INFORMATION:
I. Background
Under Section 404 of the Clean Water Act (33 U.S.C. 1344),
Department of the Army (DA) authorization is required for discharges of
dredged or fill material into waters of the United States. Under
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), DA
authorization is required for any construction of any structure in,
under, or over any navigable water of the United States; the excavating
from or depositing of material in navigable waters of the United
States; or the accomplishment of any other work affecting the course,
location, condition, or capacity of navigable waters of the United
States. Under Section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413), DA authorization is required
for the transportation and disposal of dredged material into ocean
waters.
The U.S. Army Corps of Engineers (Corps) issues individual and
general permits to authorize activities under Section 404 of the Clean
Water Act and Section 10 of the Rivers and Harbors Act of 1899. The
Corps also issues individual permits to authorize activities under
Section 103 of the Marine Protection, Research, and Sanctuaries Act of
1972. The Chief of Engineers and his or her designated representatives
have been delegated the authority to issue individual permits and
general permits from the Secretary of the Army.
Reducing unnecessary paperwork and delays is a continuing Corps
goal. General permits provide applicants a streamlined process to
obtain DA authorization in exchange for avoiding and minimizing impacts
to jurisdictional aquatic resources. Nationwide permits (NWPs) are a
type of general permit. The NWP program is designed to provide timely
authorizations for the regulated public while protecting the
jurisdictional aquatic resources.
Section 404(e) of the Clean Water Act provides the authority for
the Corps, after notice and opportunity for public hearing, to issue
general permits on a nationwide basis for any category of activities
involving discharges of dredged or fill material into waters of the
United States. The categories of activities authorized by NWPs issued
pursuant to section 404(e) of the Clean Water Act must be similar in
nature, cause only minimal adverse environmental effects when performed
separately, and have only minimal cumulative adverse effect on the
environment (33 U.S.C. 1344(e)(1)). An NWP issued under Section 404(e)
of the Clean Water Act is in effect for a period of no more than five
years after the date of its issuance (33 U.S.C. 1344(e)).
The Corps also issues NWPs to streamline the authorization process
for activities that require authorization under Section 10 of the
Rivers and Harbors Act of 1899. Section 10 of the Rivers and Harbors
Act of 1899 prohibits any obstructions to the navigable capacity of any
waters of the United States ``unless the work has been recommended by
the Chief of Engineers and authorized by the Secretary of the Army
prior to beginning the same.'' Since 1975, the Corps has issued general
permits under section 10 of the Rivers and Harbors Act of 1899 (see 40
FR 31335). The Corps has issued NWPs under the authority of section 10
of the Rivers and Harbors Act since 1977 (see 42 FR 37140).
The Corps has not issued NWPs for activities subject to Section 103
of the Marine Protection, Research, and Sanctuaries Act (MPRSA) of
1972, as amended. Section 103 of the MPRSA authorizes the Secretary of
the Army to ``issue permits, after notice and opportunity for public
hearings, for the transportation of dredged material for the purpose of
dumping it into ocean waters.'' Corps regulations (33 CFR
[[Page 12592]]
330.1(g)) state that NWPs can be issued to satisfy the permit
requirements of Section 103 of the MPRSA. NWPs were first issued by the
Corps in 1977 (42 FR 37122). After 1977, NWPs have been issued or
reissued in 1982 (47 FR 31794), 1984 (49 FR 39478), 1986 (51 FR 41206),
1991 (56 FR 59110), 1995 (60 FR 38650), 1996 (61 FR 65874), 2000 (65 FR
12818), 2002 (67 FR 2020), 2007 (72 FR 11092), 2012 (77 FR 10184), 2017
(82 FR 1860), 2021 (86 FR 2744 and 86 FR 73522), and 2026 (91 FR 768).
The 2021 NWPs (86 FR 2744 and 86 FR 73522) expired on March 14,
2026. On June 18, 2025, the Corps proposed to reissue the NWPs (90 FR
26100) with modest modifications to the 2021 NWPs. The final action to
issue the 2026 NWPs was published in the Federal Register on January 8,
2026, and went into effect on March 15, 2026. The 2026 NWPs will expire
on March 15, 2031, unless they are modified or reissued before that
date.
The issuance or reissuance of the NWPs by the Chief of Engineers
imposes limitations on jurisdictional activities authorized by those
NWPs. These limitations are expressed in the NWP terms and general
conditions that apply to all NWPs. Division engineers may also impose
limitations on jurisdictional activities authorized by NWPs on a
regional basis (e.g., within a Corps district or state). These regional
limitations are expressed in regional conditions. For some NWPs, if the
project proponent's proposed activities comply with all applicable
terms and conditions of those NWPs, then the project proponent can
commence the authorized activities without reporting those activities
to Corps district offices. Other NWPs require project proponents to
submit pre-construction notifications (PCNs) to Corps districts prior
to proceeding with the authorized activities. For these NWPs which
require PCNs, district engineers determine whether the project
proponents' proposed activities are authorized by an NWP. The terms and
conditions, including regional conditions, apply to all NWPs regardless
of whether preconstruction notification is required.
When a PCN is submitted, Corps districts evaluate proposed NWP
activities on a case-by-case basis to ensure that they comply with the
applicable statutory authority will cause no more than minimal adverse
environmental effects, individually and cumulatively. The district
engineer may add conditions to the NWP authorization to ensure that the
verified NWP activity results in no more than minimal individual and
cumulative adverse environmental effects consistent with processes and
requirements set out in 33 CFR 330.5(d). When a district engineer
reviews a PCN and determines that the proposed activity qualifies for
NWP authorization, he or she will issue a written NWP verification to
the permittee (see 33 CFR 330.6(a)(3)).
In most cases, an applicant can begin the regulated activity in
jurisdictional waters if the district does not respond within 45 days
of receiving a complete PCN. However, there are certain circumstances
when the 45-day timeframe does not apply. The project proponent must
wait for written verification if a PCN is required by general
conditions 16 (Wild and Scenic Rivers), 18 (Endangered Species), 20
(Historic Properties), and/or 31 (Activities Affecting Structures of
Works Built by the United States); if the activity is proposed for
authorization under NWP 49 (Coal Remining Activities); and/or when the
proposed activity requires a waiver to exceed specified limits of an
NWP. When any of these circumstances apply, the applicant may not begin
jurisdictional activities until they receive verification in writing
that the activity may proceed under the NWP. District engineers also
have authority under 33 CFR 330.5(d) to modify, suspend, or revoke the
NWP authorization on a case-specific basis.
II. Review of the Nationwide Permits
Pursuant to Corps regulations at 33 CFR 330.5(b)(1), anyone may, at
any time, suggest to the Chief of Engineers that he or she consider any
new NWPs or conditions for issuance, or changes to existing NWPs. In
addition, the Chief of Engineers must review NWPs within five years of
issuance and propose modification, revocation, or reissuance.
Independent of receiving suggestions to issue new NWPs or modify
existing NWPs, or the normal 5-year review cycle, the Chief of
Engineers has discretion to periodically review the NWPs and their
conditions and initiate the process for proposing to modify, reissue,
or revoke the NWPs (see 33 CFR 330.5(b) and 330.6(b)). Comments
received in response to this notice will inform potential modifications
to the NWPs that may occur before the 2026 NWPs expire on March 15,
2031.
The purpose of this notice is to announce that the Corps is seeking
input on the NWPs, including but not limited to: measures to eliminate
unnecessary review over activities that require DA authorization;
measures to increase permitting efficiency; measures to increase
efficiency in the review of pre-construction notifications or issuance
of NWP verifications; categories of activities that are similar in
nature; measures to improve conditions or processes that would ensure
that discharges of dredged or fill material into waters of the United
States would cause no more than minimal adverse environmental effects;
and measures to ensure work or structures do not obstruct the navigable
capacity of a navigable water of the United States. Additionally, we
invite your views on whether any other revisions are needed to the
existing regulations regarding the nationwide permit program at 33 CFR
part 330, or the implementation of the nationwide permit program. The
Corps seeks input from a wide range of stakeholders and interested
parties, representing all perspectives, in order to make informed
decisions regarding the NWPs. Stakeholders and interested parties
include, but are not limited to, applicants, other regulatory agencies,
States, tribal nations, entities representing nonprofit organizations
or industry interests, and individuals. A series of questions are posed
below in the Stakeholder Engagement Section to assist in framing such
input.
This notice does not propose specific modifications to the NWPs. It
is intended to develop a record to inform future reissuance or
modifications to the NWPs. After considering the comments received, any
decision to reissue, modify, or revoke the NWPs will occur after notice
and opportunity for a public hearing, in accordance with Executive
Order 12866 Regulatory Planning and Review and the Administrative
Procedure Act.
The Corps encourages comments on all aspects of the NWPs that are
within the scope of the Corps' authority or within the Corps' scope of
analysis for the issuance of the NWPs. The scope of the Corps'
authority is limited to discharges of dredged or fill material into
waters of the United States; work and structures in, under, or over any
navigable water of the United States; the excavation from or depositing
of material in navigable waters of the United States; the
accomplishment of any work affecting the course, location, condition,
or capacity of navigable waters of the United States; and the transport
of dredged material to ocean waters for the purpose of disposal. The
scope of the Corps' analysis is the extent of the impact of regulated
activities in jurisdictional waters as defined by the Corps
implementing regulations (33 CFR part 330), the public interest review
regulations (33 CFR 320.4), and applicable federal procedural laws and
associated implementing regulations.
The Corps must comply with other federal procedural laws before
taking
[[Page 12593]]
action under the Clean Water Act, Rivers and Harbors Act, or MPRSA,
including but not limited to the National Environmental Policy Act
(NEPA), Endangered Species Act (ESA), and National Historic
Preservation Act (NHPA). The Corps completes the public interest
review, and the 404(b)(1) guidelines analysis (40 CFR 230) when
applicable, at the national level each time the NWPs are reissued.
Corps Headquarters also completes an environmental document under NEPA,
and documents compliance with Section 7 of the ESA, Section 106 of the
NHPA, Wild and Scenic Rivers Act (16 U.S.C. 1271-1287), and the
Magnuson-Stevens Fisheries Management Act (16 U.S.C. 1801). During the
district engineer's case-specific review of a PCN, Corps districts also
comply with Section 7 of the ESA, Section 106 of NHPA, and where
appropriate, the Wild and Scenic Rivers Act, and the Magnuson-Stevens
Fisheries Management Act to address the specific impacts of a proposed
NWP-specific activity.
The Corps does not have statutory authority over all aspects of
construction activities, and there is seldom a single Federal agency
charged by Congress with the authority to regulate siting,
construction, or operation of projects that impact jurisdictional
waters. The Corps is neither a proponent nor opponent of any project
proposal, and generally, activities outside jurisdictional waters are
not regulated by the Corps.
III. Stakeholder Engagement
The Corps poses a series of questions detailed below for
stakeholder input. These questions are only guideposts for comments.
Written input on all aspects of the NWP program is welcome.
To be most useful and most effective at informing decisions on any
future action, comments should be specific and substantive. Commenters
may find the following suggestions helpful in preparing comments:
clearly state the issue or concern; make recommendations for how to
resolve the issue of concern; explain the reasoning behind the
comments; and provide or reference any supporting information (law,
regulation, data, reports, studies, expert opinions, or examples) to
support the comments that may be useful for the Corps to consider.
1. What measures should the Corps consider that would eliminate
unnecessary review over jurisdictional activities that do not require
heightened scrutiny? For instance, are there any PCN requirements, NWP
impact limits, or general conditions that should be modified or should
remain unchanged?
2. What measures should the Corps consider that would improve or
maintain efficiency in the review of pre-construction notifications or
issuance of NWP verifications? For instance, are there any requirements
for agency coordination of a PCN, contents of a complete PCN, or
verification compliance with applicable federal procedural laws and
implementing regulations that should be modified or remain unchanged?
3. What categories of activities that are similar in nature should
the Corps consider for establishing new NWPs?
4. What measures should the Corps consider to ensure that
discharges of dredged or fill material into waters of the United States
would cause no more than minimal adverse environmental affects both
individually and cumulatively? For instance, are there NWP terms,
general conditions, or processes that should be modified or remain
unchanged?
5. What measures should the Corps consider to develop NWPs, terms,
general conditions, or processes for the transportation and disposal of
dredged material into ocean waters?
6. What measures should the Corps consider to improve existing
regulations regarding general permits or the implementation of the
nationwide permit program? For instance, what changes should the Corps
consider that would increase the efficiency of the Chief of Engineer's
decision-making process to reissue the NWPs?
Jason E. Kelly,
Major General, U.S. Army, Deputy Commanding General for Civil and
Emergency Operations.
[FR Doc. 2026-05051 Filed 3-13-26; 8:45 am]
BILLING CODE 3720-58-P
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</html>Indexed from Federal Register on March 16, 2026.
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