28 January 2020 - NRCS and Army rescind 2005 joint memorandum - The Natural Resources Conservation Service (NRCS) and the Deputy Assistant Secretary of the Army have provided written notice to rescind the 2005 joint memorandum titled "Guidance on Conduction Wetland Determinations for the Food Security Act of 1985 and Section 404 of the Clean Water Act". This rescission is effective immediately. This rescission does not alter the roles or responsibilities of the Agencies under their respective statutory and regulatory authorities. The Agencies will continue their practice of informing landowners that wetland delineations (performed by the Corps) and determinations (performed by the NRCS) may not be valid for FSA or CWA requirements, respectively. The Agencies intend to issue new guidance on this topic in the near future.
23 January 2020 - EPA and Army announce new rule defining waters of the U.S. - The Environmental Protection Agency and Department of the Army today finalized the Navigable Waters Protection Rule that defines “waters of the United States” (WOTUS) and clarifies the limits of federal control under the Clean Water Act. This rule and existing state, local, and tribal regulations and programs will provide a network of coverage for the nation’s water resources in accordance with the objective and policies of the Clean Water Act. The rule is anticipated to be published in the Federal Register in late February and will become effective 60-days following publication. The mission of the U.S. Army Corps of Engineers Regulatory Program is to protect the nation’s aquatic resources and navigable capacity while allowing economic development through fair and balanced decisions.
25 February 2019 - Army Issues New Regulatory Guidance for Mitigation Banks- Improving Efficiency and Consistency in the Corps Regulatory Program - On February 22, 2019, the U.S. Army Corps of Engineers (Corps) issued Regulatory Guidance Letter (RGL) 19-01 "Mitigation Bank Credit Release Schedule and Equivalency in Mitigation Bank and In-Lieu Fee Program Service Areas." Developed in collaboration with the U.S. Environmental Protection Agency, RGL 19-01 provided guidance to District Commanders on two issues relating to that authority: credit release schedule for mitigation banks and consistency in establishing service areas for mitigation banks and in-lieu fee programs.