Nationwide Permit 37 authorizes work done by or funded by specific federal agencies to address emergency situations requiring immediate watershed protection and rehabilitation. This includes actions to reduce hazards to life and property following natural disasters such as floods, wildfires, or other events that cause sudden watershed impairment. The permit covers both the construction of structures in navigable waters and the discharge of dredged or fill material into waters of the United States. The permit is restricted to activities coordinated through established federal programs, specifically those managed by the Natural Resources Conservation Service (NRCS), the U.S. Forest Service (USFS), the Department of the Interior (DOI), and the Office of Surface Mining (OSM). Because these projects are emergency-driven, the permit allows for a streamlined notification process to ensure that protective measures can be implemented before further damage occurs to the watershed or human infrastructure.
The 2026 reissuance of NWP 37 maintains the same national terms and conditions as the 2021 version with no substantive changes. The Corps reevaluated the permit's use and determined that the existing requirement for mandatory pre-construction notification (PCN) for all activities remains a sufficient safeguard to ensure that emergency impacts result in no more than minimal individual and cumulative adverse environmental effects. While the permit text remains identical, the supporting decision document was updated with current environmental baseline data. This update incorporates the most recent national-scale assessments, such as the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, to support the Corps' finding that the cumulative effects of these emergency protection activities remain minimal nationwide.
Compliance managers and engineers working for or with the NRCS, U.S. Forest Service, or state agencies managing abandoned mine lands (AML) typically use this permit. It is the primary authorization for implementing immediate erosion control, debris removal, and bank stabilization following floods or wildfires.
The Corps determined that the reissuance of NWP 37 has 'no effect' on federally-listed endangered or threatened species or their critical habitat. This finding is anchored by General Condition 18, which requires project-specific Section 7 consultation if an activity 'might affect' listed resources. Even in emergency situations, the Corps must ensure compliance with the Endangered Species Act, though procedures for emergency consultation may be utilized. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 37 requires a PCN, district engineers are able to review each emergency layout for potential impacts to historic properties. For Essential Fish Habitat (EFH), district engineers can apply regional conditions or conduct emergency consultations to ensure that rapid rehabilitation work does not cause more than minimal adverse effects on sensitive aquatic environments.
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