AUTHORITY
The majority of the Corps’ regulatory program falls under the authority of two laws:
The Rivers and Harbors Acts of 1890 and 1899 establish permit requirements to prevent unauthorized obstruction or alteration of any navigable water of the United States. The most frequently exercised authority is contained in Section 10 which covers construction, excavation, or deposition of materials in, over, or under such waters, or any work which would affect the course, location, condition, or capacity of those waters. The authority is granted to the Secretary of the Army.
The Federal Water Pollution Control Act, more commonly known as the "Clean Water Act," under Section 404, directs the Secretary of the Army, acting through the Chief of Engineers, to issue permits, after notice and opportunity for public hearings, for the discharge of dredged or fill material into waters of the United States at specified disposal sites.
Determining which areas qualify for protection as wetlands is a major aspect of the program. The Corps’ 1987 Wetlands Delineation Manual is the federal manual for identifying and delineating wetlands. In addition, the Walla Walla District Regulatory office uses the Arid West Regional Suppliment and the Mountain West Regional supplement.