vvEPA

FACT SHEET

Clean Water Act Section 404(g)

Tribal and State Assumption Program
Final Rule - December 2024

Clean Water Act Section 404 establishes a permitting program to regulate the discharge of dredged or fill
material from a point source into waters of the United States. The 2024 Rule for the Clean Water Act Section
404(g) Tribal and State Assumption Program clarifies the procedures and requirements for states, territories and
authorized Tribes to assume and administer the Clean Water Act Section 404 permitting program in some
waters of the United States. Since the program was enacted in 1977, many Tribes and states have expressed
interest in administering the program. Tribes, states and other stakeholders have identified several barriers to
assumption and requested that EPA clarify the program's requirements and procedures.

Overview of the Final 2024 Rule

The 2024 Clean Water Act Section 404(g) Tribal and State Assumption Program rule facilitates assumption and
creates new opportunities for meaningful engagement by:

•	Clarifying program assumption requirements. The 2024 Rule responds to longstanding requests from Tribes
and states to streamline and clarify the requirements for a Tribe or state to assume and administer a CWA
Section 404 permitting program.

•	Establishing transparent time frames and procedures. The Tribe or state may assume Section 404
permitting authority over some, but not all, waters of the United States. The U.S. Army Corps of Engineers
retains permitting authority over certain waters of the United States. The 2024 Rule establishes a clear
process for identifying which waters of the United States the Corps retains. Establishing these procedures
makes the process of determining and modifying the scope of retained waters more collaborative and
provides sufficient detail to ensure transparency without being overly prescriptive.

•	Ensuring Tribal and state programs meet CWA requirements. The 2024 Rule establishes certain areas of
flexibility where Tribe and state programs may determine how best to ensure compliance with Clean Water
Act requirements, including with respect to compensatory mitigation and enforcing water quality
protections.

•	Enhancing Tribal engagement opportunities. The 2024 Rule establishes clear and accessible mechanisms for
Tribal participation in the permitting process. This approach will make it easier for Tribes to review and
comment on state-issued permits.

•	Creating new opportunities for meaningful public engagement. The 2024 Rule creates a new public input
period on the scope of waters retained by the Corps and guarantees the opportunities for judicial review of
Tribal and state permitting decisions.

For more information visit the CWA Section 404g website or contact us at cwa404g@epa.gov. Available
implementation resources include a frequently asked questions and fact sheets. The docket for the final 2024
Rule (Docket ID No. EPA-HQ-OW-2020-0276) can be found at Regulations.gov.

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