DEPARTMENT OF THE ARMY <br />U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT <br />P.O. BOX 2946 <br />PORTLAND, OR 97208-2946 <br />CENWP-ODG 25 July 2025 <br />MEMORANDUM FOR RECORD <br />SUBJECT: U.S. Army Corps of Engineers (Corps) Approved Jurisdictional <br />Determination in accordance with the “Revised Definition of ‘Waters of the United <br />States’”; 88 FR 3004 (18 January 2023) as amended by the “Revised Definition of <br />‘Waters of the United States’; Conforming” 88 FR 61964 (8 September 2023) ,1 NWP- <br />2022-30 2 <br />BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document <br />stating the presence or absence of waters of the United States on a parcel or a written <br />statement and map identifying the limits of waters of the United States on a parcel. <br />AJDs are clearly designated appealable actions and will include a basis of JD with the <br />document.3 AJDs are case-specific and are typically made in response to a request. <br />AJDs are valid for a period of five years unless new information warrants revision of the <br />determination before the expiration date or a District Engineer has identified, after public <br />notice and comment, that specific geographic areas with rapidly changing <br />environmental conditions merit re-verification on a more frequent basis.4 <br />On 18 January 2023, the Environmental Protection Agency (EPA) and the Department <br />of the Army (“the agencies”) published the “Revised Definition of ‘Waters of the United <br />States,’” 88 FR 3004 (18 January 2023) (“2023 Rule”). On 8 September 2023 the <br />agencies published the “Revised Definition of ‘Waters of the United States’; <br />Conforming”, 88 FR 61964 (8 September 2023) which amended the 2023 Rule to <br />conform to the 2023 Supreme Court decision in Sackett v. EPA, 598 U.S. 651, 143 S. <br />Ct. 1322 (2023) (“Sackett”). <br />This Memorandum for Record (MFR) constitutes the basis of jurisdiction for a Corps <br />AJD as defined in 33 CFR § 331.2. For the purposes of this AJD, we have relied on <br />Section 10 of the Rivers and Harbors Act of 1899 (RHA),5 the 2023 Rule as amended, <br />1 While the Revised Definition of “Waters of the United States”; Conforming had no effect on some <br />categories of waters covered under the CWA, and no effect on any waters covered under RHA, all <br />categories are included in this Memorandum for Record for efficiency. <br />2 When documenting aquatic resources within the review area that are jurisdictional under the Clean <br />Water Act (CWA), use an additional MFR and group the aquatic resources on each MFR based on the <br />TNW, the territorial seas, or interstate water that they are connected to. Be sure to provide an identifier to <br />indicate when there are multiple MFRs associated with a single AJD request (i.e., number them 1, 2, 3, <br />etc.). <br />3 33 CFR § 331.2. <br />4 Regulatory Guidance Letter 05-02. <br />5 USACE has authority under both Section 9 and Section 10 of the Rivers and Harbors Act of 1899 but for <br />convenience, in this MFR, jurisdiction under RHA will be referred to as Section 10. <br />NWP-2022-30 1 of 7 Enclosure 1