The U.S. Army Corps of Engineers (USACE), Regulatory program, regulates work and structures that are located in, over, or under navigable waters of the United States under Section 10 of the Rivers and Harbors Act of 1899, the discharge of dredged or fill material into waters of the United States under Section 404 of the Clean Water Act, and the transportation of dredged material for the purpose of disposal in the ocean under Section 103 of the Marine Protection, Research and Sanctuaries Act. "Waters of the United States" are navigable waters, tributaries to navigable waters, and wetlands adjacent to those waters.

Please see the following link regarding basic information, location of jurisdictional determinations, and permit decisions. The link below will take you to an interactive map where you can search for IP decisions or AJDs. All data is updated weekly.

Individual Permits (IPs) and Approved Jurisdictional Determinations (AJDs) Map Finder

Appeals

The USACE, Regulatory Division has an administrative appeal process whereby applicants and landowners may appeal denied permits, issued permits that contain requirements that are unacceptable to the applicant, or approved jurisdictional determinations, which are made by the Alaska District. The request for an appeal of such decisions must be submitted to the USACE, Regulatory Division within 60 days of the date of the appealable decision. A site visit, an appeal conference, or meeting may be conducted during the appeal process.

A decision on the merits of the appeal based on the administrative record is normally made in 90 days, by the Pacific Ocean Division (POD) office. The Division will either uphold the District decision or remand the case back to the District with direction for reconsideration of the District’s initial determination. After re-evaluation the District is to make a final decision. This final decision is not subject to further appeal. See the pending and historic appeals in the Alaska District.

The level of evaluation is on par with the level of the environmental impacts, aquatic functions and values involved in a particular area. Impacts to higher ecological value areas will be subject to a more detailed evaluation and a strong focus on avoidance of impacts to the aquatic environment. The USACE, Regulatory Division Headquarters website Appeals page lists the rules and regulations governing the appeals process.

Regulations Related to the Appeals Process

33 CFR Part 331 - Administrative Appeals Process
Establishment of an Administrative Appeal Process
Final Rule Establishing an Administrative Appeal Process

Freedom of Information Act (FOIA)

The Freedom of Information Act (FOIA) is a federal law that establishes the public’s right to request existing records from government agencies. Requests for access to records are processed only under the FOIA. The FOIA governs how requests will be processed within the Army. Requests under the FOIA are only for agency “records.” The records must exist and be in the possession and control of the agency in order to be subject to the requirements under the FOIA.

How to Request a FOIA

If you want to obtain copies of, or access to, government records (those held in the USACE, Regulatory Division, Alaska District) that are not currently available online or through other public access venues, this is where you start.

The government requires you to submit a request for those records through the Freedom of Information Act (FOIA) (5 U.S.C. § 552 (b) and 32 CFR 518). While there is a process, we do take our responsibilities under the FOIA seriously. With your cooperation, we will address your request in a timely manner.

You must submit a written request, which must include the following:

Your name (first and last)
Company name (if applicable)
A valid mailing address (where you receive mail—street, city and ZIP code)
A telephone number
A detailed description of the records you are seeking (see Sample FOIA Request)
1. Agreement to pay fees associated with processing or
2. A request for a fee waiver (see Fees & Fee Waivers)
An email address is appreciated but not required. We do not share email addresses. We use them only to aid in effective, expedient communication with you regarding your request.

There is always a chance there may be fees associated with processing your request. Regulations require us to classify each requester into one of the following categories: commercial, educational, news/media, or "other." Our determination of your status will be included in the acknowledgment you will receive after we get your request.

With the exception of requests made in a commercial capacity, requesters can ask for a fee waiver. However, there are specific elements that any justification for a fee waiver must include before we can take any fee waiver request into consideration. Click here for a PDF document that includes a basic summary of what a justification for a fee waiver must include.

We will not be able to begin processing any request that does not include either your willingness to pay fees or a fee waiver request that includes the proper justification for consideration. Please note that we do not bill for responses which cost $25 or less to prepare, and will always contact you before incurring any bill which may exceed $250. You can indicate you are willing to pay up to a certain amount (example $50) to avoid delays.

Alaska District is now scanning all documents in .PDF format. If you would like a paper copy, you will need to state that in your request. Once your request is submitted, and includes all the necessary information, you will be sent an acknowledgment letter informing you that your request has been received and is being processed. Whenever possible, an initial determination to release or deny a request is made within 20 working days after receipt of the request. If unusual circumstances exist that preclude a timely response, you will be given an estimated completion date and reason(s) for the delay. A couple examples of unusual circumstances are:

The need to search for and collect the requested records from other facilities, i.e., field offices.
The need to search for, collect and examine a voluminous amount of documents from different elements of the Alaska District.

Please note that requests will not be accepted verbally. To request a status update on your FOIA request, please call the Office of Counsel at (907) 753-2532.