[Federal Register Volume 59, Number 129 (Thursday, July 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16349]


[[Page Unknown]]

[Federal Register: July 7, 1994]


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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army

 

Regulatory Guidance Letters Issued by the Corps of Engineers

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

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SUMMARY: The purpose of this notice is to provide a copy of the 
Regulatory Guidance Letter (RGL 94-1) to all known interested parties. 
RGL's are used by the Corps as a means to transmit guidance on the 
Corps Regulatory Program (33 CFR 320-330) to its division and district 
engineers. The Corps publishes RGL's in the Federal Register upon 
issuance as a means of informing the public of Corps guidance.

FOR FURTHER INFORMATION CONTACT: Mr. Sam Collinson, Regulatory Branch, 
Office of the Chief of Engineers at (202) 272-1782.

SUPPLEMENTARY INFORMATION: RGL 94-1, Subject: Expiration of Geographic 
Jurisdictional Determinations, is hereby published.

    Dated: June 16, 1994.
John P. Elmore, P.E.,
Chief, Operations, Construction and Readiness Division, Directorate of 
Civil Works.

Regulatory Guidance Letter, RGL 94-1
    Date: 23 May 1994, Expires: 31 December 1999.
    Subject: Expiration of Geographic Jurisdictional Determinations.
    1. Regulatory Guidance Letter (RGL) 90-6, Subject: ``Expiration 
Dates for Wetlands Jurisdictional Delineations'' is extended until 31 
December 1999, subject to the following revisions.
    2. This guidance should be applied to all jurisdictional 
determinations for all waters of the United States made pursuant to 
Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the 
Clean Water Act, and Section 103 of the Marine Protection Research and 
Sanctuaries Act of 1972.
    3. To be consistent with paragraph IV.A. of the 6 January 1994, 
interagency Memorandum of Agreement Concerning the Delineation of 
Wetlands for Purposes of Section 404 of the Clean Water Act and 
Subtitle B of the Food Security Act, all U.S. Army Corps of Engineers 
geographic jurisdictional determinations shall be in writing and 
normally remain valid for a period of five years. The Corps letter (see 
paragraph 4.(d) of RGL 90-6) should include a statement that the 
jurisdictional determination is valid for a period of five years from 
the date of the letter unless new information warrants revision of the 
determination before the expiration date.
    4. For wetland jurisdictional delineations the ``effective date of 
this RGL'' referred to in paragraphs 4 and 5 of RGL 90-6 was and 
remains 14 August 1990. For jurisdictional determinations, other than 
wetlands jurisdictional delineations, the ``effective date of this 
RGL'' referred to in paragraphs 4 and 5 of RGL 90-6 will be the date of 
this RGL.
    5. Previous Corps written jurisdictional determinations, including 
wetland jurisdictional delineations, with a validity period of three 
years remain valid for the stated period of three years. The district 
engineer is not required to issue new letters to extend such period 
from three years to a total of five years. However, if requested to do 
so, the district engineer will normally extend the three year period to 
a total of five years unless new information warrants a new 
jurisdictional determination.
    6. Districts are not required to issue a public notice on this 
guidance but may do so at their discretion.
    7. This guidance expires on 31 December 1999 unless sooner revised 
or rescinded.

    For the Director of Civil Works.
John P. Elmore, P.E.,
Chief, Operations, Construction and Readiness Division, Directorate of 
Civil Works.
[FR Doc. 94-16349 Filed 7-6-94; 8:45 am]
BILLING CODE 3710-92-M