3 July 2025 – USACE seeks public comments on new NEPA implementing procedures for the Corps Regulatory Program and Section 408 Program: The Department of the Army and the U.S. Army Corps of Engineers (USACE) announced we are seeking comments on an interim final rule that establishes new National Environmental Policy Act (NEPA) implementing regulations at Title 33 Code of Federal Regulations (CFR) part 333 for the USACE Regulatory Program and the USACE Section 408 Program. The interim final rule became effective on July 3, 2025 for Regulatory Program permit applications and Section 408 permission requests submitted to the USACE on or after July 3, 2025. The new USACE NEPA implementing procedures at 33 CFR 333 replace the Corps Regulatory Program’s previous NEPA implementing procedures at 33 CFR 325, appendix B.

A public notice soliciting comments on the interim final rule was published in the July 3, 2025, Federal Register at

https://www.federalregister.gov/documents/2025/07/03/2025-12360/procedures-for-implementing-nepa-processing-of-department-of-the-army-permits. Department of the Army and USACE will accept written comments through August 4, 2025. Comments may be submitted through the Federal eRulemaking portal at www.regulations.gov at docket number COE-2025-0006.”

The pre-publication version of the 2026 Nationwide Permits proposed rule is located here:

https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/ and https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/National-Notices-and-Program-Initiatives/

29 JANUARY 2025 - The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the draft changes to the 2024 NWPL and its web address to solicit public comments.  The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for one plant species in the Atlantic and Gulf Coastal Plain and Eastern Mountains, and Piedmont regions and one species in the Midwest and Northcentral and Northeast regions. Additionally, changes to eight species in the Alaska Region are proposed and available for public comment. The Federal Register Notice (FRN) for the 2024 NWPL update can be found here: https://www.federalregister.gov/documents/2025/01/28/2025-01798/national-wetland-plant-list .  The public comment period ends on 31 March 2025.

USACE encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update. Comments on these proposed changes should be emailed to nwpl@usace.army.mil. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, photographic documentation, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. When providing input or information on the draft changes to the 2024 NWPL update, commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Providing ratings without supporting documentation or information is not recommended. All submitted comments and information will be compiled and sent to the National Panel for their review and consideration.

USACE administers the NWPL for the United States and its territories.  The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2024 and included review by Regional Panels and the National Panel. 

Additional information on the NWPL can be found at the NWPL website (https://wetland-plants.sec.usace.army.mil/), including a new video on how to use the newly redesigned site, which can be found here: https://wetland-plants.sec.usace.army.mil/reference/.

The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the final 2022 National Wetland Plant List (NWPL). The Federal Register Notice for the 2022 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2024-02-13/pdf/2024-02903.pdf.

The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of 13 February 2024 and will be used in any wetland delineations performed after this date. A summary of the 2022 NWPL is provided in the table below.

Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox). Please note that while the web address for the NWPL website has not changed with this update, the website itself has undergone updates to enhance the utility of the NWPL.

Updated versions of the Automated Wetland Determination Data Sheets (ADS), which reflect revisions to the NWPL, can be found at the following link: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/ within the “General Information” dropdown. More info regarding the ADS and its utility in wetland delineation can be found at the following link: https://www.usace.army.mil/Media/Announcements/Article/2989646/5-april-2022-army-corps-of-engineers-announces-the-release-of-automated-wetland/.