• Different federal resource agencies have various responsibilities regarding section 404 permitting.

The roles and responsibilities of the federal resource agencies regarding section 404 permitting differ in scope.

U.S. Environmental Protection Agency (EPA)

• Develops and interprets policy, guidance, and environmental criteria used in evaluating permit applications;
• Determines scope of geographic jurisdiction and applicability of exemptions;
• Approves and oversees state and tribal assumption;
• Reviews and comments on individual permit applications;
• Has authority to prohibit, deny, or restrict the use of any defined area as a disposal site (Section 404(c));
• Can elevate specific cases (Section 404(q)); and
• Enforces Section 404 provisions.

U.S. Army Corps of Engineers

• Administers day-to-day program, including individual and general permit decisions;
• Conducts or verifies jurisdictional determinations;
• Develops policy and guidance; and
• Enforces Section 404 permit provisions.

U.S. Fish and Wildlife Service and National Marine Fisheries Service

• Evaluates impacts on fish and wildlife of all new federal projects and federally permitted projects, including projects subject to the requirements of Section 404 (pursuant to the Fish and Wildlife Coordination Act); and
• Evaluates specific cases or policy issues under Section 404(q).