CRS-86 



revisions of the interim final rules of July 1975. Major elements of the new 

 rules included: 



(1) rejection of the term "navigable waters," which had long 

 troubled the program, in favor of the term "waters of the United 

 States" that was defined to include all areas both traditionally 

 and newly within the scope of the FWPCA (the traditional definition 

 of navigable waters continued to apply to permits sought only under 

 the Rivers and Harbors Act, although in many cases a permit would 

 be required under both laws); 



(2) expansion of the general permit concept by establishing 

 nationwide permits for specific types of discharges (such as minor 

 road crossing fills or some materials discharged for bank stabili- 

 zation) and discharges into certain waters (such as non-tidal rivers 

 and streams above the headwaters); and 



(3) redefinition of wetlands by abandoning the distinction be- 

 tween coastal and inland areas and including the term "and adjacent 

 wetlands" to each category of "waters of the United States" in order 

 to emphasize protection and control of the total aquatic system. 104 / 



In the preamble to these regulations the Corps stated the view that the 

 wide expanse of the section A04 program stemmed from concepts of hydro- 

 logic cycles, demonstrating that, after its initial reluctance to broaden 

 its regulatory program, the Corps had accepted a wider view of Its respon- 

 sibilities. 



The regulation of activities that cause water pollution can- 

 not rely on these artificial lines [such as mean tide line] , how- 

 ever, but must focus on all waters that together form the entire 

 aquatic system. Water moves in hydrologic cycles, and the pollu- 

 tion of this part of the aquatic system, regardless of whether it 

 is above or below an ordinary high water mark, or mean tide line, 

 will affect the water quality of the other waters within that 

 aquatic system. 105 / 



These final regulations also spelled out in greater detail the Corps' 



general public interest review policies and coordination with other Federal 



104/ U.S. Department of Defense. Department of the Army. Engineers 

 CorpsT Regulatory Program of the Corps of Engineers. Federal Register, v. 42, 

 no. 138, pt. ii, July 19, 1977. p. 37122. 



105/ Ibid., p. 37128. 



