33 CFR 325.9 : Navigation And Navigable Waters (§ 1.01-1 To Parts 404-499) — (Parts 200-202 To Parts 404-499) — Corps Of Engineers, Department Of The Army, Department Of Defense (Parts 200-202 To Parts 386-399) — Processing Of Department Of The Army Permits (§ 325.1 To Appendix C To Part 325) — 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.