10 August 2020 - Technical Issues Involving Agricultural Activities Tulsa District Regulatory Office has established CESWT-RO-Agriculture@usace.army.mil as a general inbox for agricultural issues. Should you need assistance with technical issues involving agricultural activities, as they relate to waters of the United States, please email a description of the technical issue for which you are requesting assistance, along with your contact information and the location of the proposed activity (if applicable). We will respond to your request and provide assistance as soon as possible.
22 May 2020 - 2018 National Wetland Plant List (NWPL) The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.
The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at http://wetland-plants.usace.army.mil/. State, regional, and national lists can also be downloaded from this site.
21 April 2020 - EPA and Army Publish the Navigable Waters Protection Rule The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250. The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states. Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.
For Jurisdictional information - https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/juris_info/
24 March 2020 - The Tulsa District is committed to reducing the spread of COVID-19. The health and well-being of our visitors, volunteers and employees is our highest priority. While many employees are working from remote locations, critical personnel remain in place at our dams, navigation and hydropower facilities. We remain committed to serving the public, however routine responses and coordination with staff and support personnel may experience minor delays.
During this period, all Regulatory staff are teleworking. To ensure timeliness of your Department of the Army Permit request, you are encouraged to email your requests to email@example.com in-lieu of traditional mail services. We thank you in advance.
22 October 2019 - The Final Rule repealing the 2015 Clean Water Rule to restore the regulatory regime that existed prior to the 2015 Clean Water Rule has been published. More Information on the Waters of the US Rule can be found in the Federal Register Notice: https://www.govinfo.gov/content/pkg/FR-2019-10-22/pdf/2019-20550.pdf. The repeal Rule is effective on December 23, 2019.
18 October 2019 - Certain NWPs require project proponents to notify Corps district engineers of their proposed activities prior to conducting the activities authorized by those NWPs, so that the district engineers can make case-specific determinations of NWP eligibility. The notification takes the form of a pre-construction notification (PCN). The purpose of a PCN is to give the district engineer an opportunity to review a proposed NWP activity to ensure that the proposed activity qualifies for NWP authorization. In most cases, the district engineer has 45 days after receipt of a complete PCN to determine whether the proposed activity qualifies for NWP authorization or requires another form of Corps authorization. More information on when an activity requires a PCN can be found in the Federal Register Notice: https://www.govinfo.gov/content/pkg/FR-2017-01-06/pdf/2016-31355.pdf
Instructions on how to complete the PCN application form and the PCN form can be found at: https://www.publications.usace.army.mil/Portals/76/Eng_Form_6082_2019Jun.pdf?ver=2019-10-09-111141-217
12 September 2019 - EPA and Army sign new rule to repeal the 2015 Clean Water Rule
Today the Environmental Protection Agency and Department of the Army signed a new rule to repeal the 2015 Clean Water Rule and restore the regulatory regime that existed prior to the 2015 Clean Water Rule. Today's new rule is in keeping with President Trump’s Executive Order 13778, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” Prior to today's rule, a patchwork of regulations existed across the country as a result of various judicial decisions enjoining the 2015 Clean Water Rule. Today's new rule reestablishes national consistency across the country by returning all jurisdictions to the longstanding regulatory framework that existed prior to the 2015 Clean Water Rule, which many regulatory agencies, States, Tribes, local governments, regulated entities, and the public are familiar with. This new rule also provides regulatory certainty, while the agencies engage in the second step of rulemaking (Step 2 Proposed Rule) to revise the definition of "waters of the U.S." The Step 2 Proposed Rule was published in the Federal Register on February 14, 2019, and public comments were received through April 15, 2019. EPA and Army are currently reviewing more than 600,000 comments received before taking final action. For more information on the "Waters of the U.S" rulemaking, please visit http://www.epa.gov/wotus-rule. For questions about a pending jurisdictional determination or permit, we ask that you contact your local U.S. Army Corps of Engineers Regulatory Office. Office information can be found at http://regulatory-ops.s3-website-us-east-1.amazonaws.com/.
3 September 2019 - The DPM designates the District Regulatory Chief or designee as the single point of entry or initial point of contact for inquiries from the regulated public about the Regulatory Program and the Section 408 Program. The intent is for applicants to receive a response from the SWT that identifies the appropriate POCs from whom the applicant can receive additional information along with clearly defined processes. For more information concerning Section 408 Program, use the following link.
3 July 2019 - The SWT has minimum "Guidelines for Cultural Resources Investigations for Projects in Oklahoma", in which the Regulatory Office is the lead Federal agency. These guidelines provide requirements for field methodology and reports to be submitted to the Regulatory Office. This guidelines can be found on the Links Page.
1 July 2019 - In response to the severe flooding and other storm related damages in the Tulsa District, it is anticipated that municipalities and owners of damaged property will want to conduct repair activities in the near future. A U.S. Army Corps of Engineers (USACE) Section 404 Clean Water Act permit may be required for dredging or placing fill in waters of the United States, including rivers, lakes, streams, creeks, and wetlands. More information related to Flood Recovery and Repair Activities can be found on the following Link.
14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition: The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.
11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019. More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.
16 August 2018 - U.S. District Court for the District of South Carolina's Decision on Water of the US. - More information can be found at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.
3 November 2017 - The SWT has prepared a FEIS pursuant to the National Environmental Policy Act (NEPA) of 1969, to analyze the direct, indirect, and cumulative effects associated with the proposed Lower Bois d’Arc Creek Reservoir (LBCR) project, Fannin County, Texas. Additional information concerning the Notice of Availability of the Final Environmental Impact Statement (FEIS) for the LBRC can be found at:
http://www.swt.usace.army.mil/Missions/Regulatory/Tulsa-District-Environmental-Impact-Statements/. Written comments on the FEIS must be submitted to the Regulatory Office on or before December 9, 2017.
31 March 2017 - The SWT Regional Conditions associated with the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions have been approved by the Division Commander. The Regional Conditions can be found at http://www.swt.usace.army.mil/Missions/Regulatory/Nationwide-Permit-Program/. These Regional Conditions will expire on March 18, 2022.
22 March 2017 - On February 22, 2017, the Corps of Engineers approved the Deep Fork Mitigation Bank for use within the State of Oklahoma. The Primary Service Areas for the Deep Fork MB will be available in the following HUC watersheds: 11100303 (Deep Fork) and 11100302 (Lower North Canadian); the Secondary Service Areas for the Deep Fork MB will be available in the following HUC watersheds: 11090203 (Little River), 11110101 (Polecat-Snake Watershed), 11110102 (Dirty-Greenleaf Watershed, located west of the Arkansas River), 11100301(Middle North Canadian Watershed), and 11050002 (Lower Cimarron-Skeleton Watershed). For additional information, concerning the Terra Foundation ILF the following website is available: http://www.swt.usace.army.mil/Missions/Regulatory/Mitigation.aspx.
20 January 2017 - On January 6, 2016, the U.S. Army Corps of Engineers published in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications from prior versions. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs will go into effect on March 19, 2017, and will expire on March 18, 2022.
The Federal Register notice is available for viewing at the Tulsa District Office located at 1645 South 101st East Avenue, Tulsa, Oklahoma or on the Internet at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx. As an alternative, interested parties can access the January 6, 2017, final rule that was published in the Federal Register through the U.S. Government Printing Office at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR.
The Corps has also issued final decision documents for the new and reissued NWPs. These documents are available at www.regulations.gov at docket number COE-2015-0017. Furthermore, the national NWP decision documents will be supplemented by Division Engineers to address decisions concerning the addition of regional conditions to the NWPs.