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Section 404 Program, continued

The U.S. Fish and Wildlife Service and National Marine Fisheries Service play special advisory roles because of their expertise regarding wildlife habitat.

EPA develops the environmental guidelines the Corps uses to evaluate a permit application, has final authority to determine the scope of “waters of the United States,” and can veto a Corps-issued permit (a step rarely taken). EPA also determines whether portions of the 404 program should be turned over to a state, territory, or tribe. As of 2010, two states have assumed 404 responsibility for nontidal waters. When EPA has authorized a state to administer the section 404 program, EPA oversees implementation of the program. If necessary, EPA can “take back” the program.

The essence of section 404 policies is the concept of "sequencing" This is a step-wise process, in which one must go through one step before going on to the next.