CFR > Title 33 - Navigation and Navigable Waters > CHAPTER II—CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE > PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS > 325.9—Authority to determine jurisdiction.

325.9—Authority to determine jurisdiction.

District engineers are authorized to determine the area defined by the terms “navigable waters of the United States” and “waters of the United States” except:
(a) When a determination of navigability is made pursuant to 33 CFR 329.14 (division engineers have this authority); or
(b) When EPA makes a section 404 jurisdiction determination under its authority.