Related Laws and Agencies

Under Section 401 of the Clean Water Act (CWA), a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a Section 401 water quality certification is issued, or certification is waived. The EPA (in certain locations) or the corresponding state/territory listed below, are the certifying authorities responsible for issuing water quality certifications in the Honolulu District. The Section 401 certification can cover both the construction and operation of the proposed project. Conditions of the Section 401 certification become conditions of the Department of the Army (DA) permit issued by the Corps. Section 404 permits generally require Section 401 water quality certifications. Section 10 permits may also require Section 401 water quality certifications.

When you apply for a permit from the USACE, Regulatory Division, you are often required to obtain a Section 401 water quality certification from the certifying authority. The Section 401 certification is generally conducted at the same time as the USACE, Regulatory Division’s review. To apply for a Section 401 certification, contact the applicable certifying authority. The certifying authorities in the Honolulu District are the U.S. Environmental Protection Agency, Region 9 (EPA) or:

• Hawaii – State of Hawaii, Department of Health, Clean Water Branch Website
• American Samoa – American Samoa Environmental Protection Agency Website
• CNMI – CNMI Division of Environmental Quality, Bureau of Environmental and Coastal Quality Website
• Guam – Guam Environmental Protection Agency Website

EPA is the certifying authority for activities on the U.S. Minor Outlying Islands.

For additional information on Section 401 of the Clean Water Act visit:

U.S. Environmental Protection Agency’s Section 401 webpage

The U.S. Congress recognized the importance of meeting the challenge of continued growth in the coastal zone by passing the Coastal Zone Management Act (CZMA) in 1972. This act, administered by NOAA, provides for the management of the nation’s coastal resources, including the Great Lakes. The goal is to “preserve, protect, develop, and where possible, to restore or enhance the resources of the nation’s coastal zone.”

The CZMA outlines three national programs, the National Coastal Zone Management Program, the National Estuarine Research Reserve System, and the Coastal and Estuarine Land Conservation Program (CELCP). The National Coastal Zone Management Program aims to balance competing land and water issues through state and territorial coastal management programs, the reserves serve as field laboratories that provide a greater understanding of estuaries and how humans impact them, and CELCP provides matching funds to state and local governments to purchase threatened coastal and estuarine lands or obtain conservation easements.

Section 307(c) of the Coastal Zone Management Act of 1972, as amended, requires applicants to obtain a certification or waiver that the activity complies with the state's coastal zone management program for activities affecting a state’s coastal zone.

• Coastal Zone Management Act of 1972
• Hawaii Office of Planning and Sustainable Development Website
• American Samoa Department of Commerce Website
• CNMI Division of Coastal Resources Management (DCRM) Website
• Guam Coastal Management Program, Bureau of Statistics and Plans Website

Learn more at Coral and Critters

Learn more at Coral and Critters

Section 106 of the National Historic Preservation Act of 1966 requires federal agencies to take into account the effects of their undertakings on historic properties. A Department of the Army permit is considered to be such a federal undertaking. Historic properties, commonly referred to as cultural resources, are archaeological sites, historic districts, buildings or structures, and traditional cultural properties that are included in the National Register of Historic Places or meet the criteria for inclusion in the National Register. The term encompasses artifacts, records and human burials related to and located within such properties. If there are indications your project has the potential to effect historic properties, you may be asked to complete a cultural resource assessment, which may include a historic property or cultural resource survey.

National Historic Preservation Act

Hawaii – State Historic Preservation Division (SHPD) Website

American Samoa – American Samoa Historic Preservation Office Website

CNMI – Department of Community and Cultural Affairs – CNMI Historic Preservation Office Website

Guam – Guam State Historic Preservation Office (GSHPO) Website

The federal government’s unique relationship with Native American tribes is embodied in the U.S. Constitution, treaties, court decisions, federal statues and executive orders. Native American treaties are not a granting of rights, but a protection and preservation of land and certain rights retained by the tribes when they sign treaties. Treaties with tribes are equal to federal laws passed by Congress. As a federal agency the USACE Regulatory Division has federal trust responsibility to ensure that Native American rights reserved by treaties are not compromised as part of our permit application review.

Native American Graves Protection and Repatriation Act

• Clean Water Act - Section 402
• Marine Mammal Protection Act
• National Environmental Policy Act
• Wild & Scenic Rivers Act
• Marine Protection Research and Sanctuaries Act of 1972 - Section 302
• Fish and Wildlife Coordination Act