| #Q001 | administrative | operational | mandatory | AJD Validity Period | other | Under existing Corps’ policy, AJDs are generally valid for five years unless new information warrants revision prior to the expiration date. | unless new information warrants revision prior to the expiration date | high |
| #Q002 | administrative | operational | mandatory | Governing Definition for AJDs | other | As a general matter, the agencies’ actions are governed by the definition of "waters of the United States" that is in effect at the time the Corps completes an AJD, not by the date of the request for an AJD. | | high |
| #Q003 | administrative | operational | mandatory | Finalization of Post-Memorandum AJDs | other | AJDs completed after signature of the joint agency memorandum on continuous surface connection will be finalized consistent with that guidance. | Applies to AJDs completed after signature of the joint agency memorandum on continuous surface connection | high |
| #Q004 | administrative | operational | mandatory | Reopening of NWPR AJDs | other | AJDs completed under the 2020 Navigable Waters Protection Rule (NWPR) prior to the U.S. District Court for the District of Arizona’s decision in Pascua Yaqui Tribe v. U.S. Environmental Protection Agency to vacate the 2020 NWPR (D. Ariz. August 30, 2021) and not associated with a permit action (also known as "stand-alone" AJDs under RGL 16-01) will not be reopened until their expiration date, unless one of the criteria for revision is met under RGL 05-02. | unless one of the criteria for revision is met under RGL 05-02 | high |
| #Q005 | administrative | operational | mandatory | Reopening of 2023 or pre-2015 AJDs | other | AJDs completed under the January 2023 Rule, the Amended 2023 Rule, or the pre-2015 regime and not associated with a permit action will also not be reopened until their expiration date, unless one of the criteria for revision is met under RGL 05-02. | unless one of the criteria for revision is met under RGL 05-02 | high |
| #Q006 | administrative | operational | mandatory | Recipient Request for New AJD | other | Previously issued AJDs that have not expired could also be reopened if the recipient of such an AJD requests that a new AJD be provided pursuant to the current regulatory regime (i.e. , the January 2023 Rule, as amended by the conforming rule announced on August 29, 2023, or the pre-2015 regulatory regime implemented consistent with Sackett). In these cases, the Corps will honor such requests. | if the recipient of such an AJD requests that a new AJD be provided pursuant to the current regulatory regime | high |
| #Q007 | administrative | operational | guidance | Modification of Corps Permit Decisions | other | Corps permit decisions may be modified, suspended, or revoked per 33 C.F.R. § 325.7 where the regulatory criteria are met. | where the regulatory criteria are met | high |
| #Q008 | administrative | operational | mandatory | Reconsideration of Permit Decisions Relying on NWPR AJD | other | Permit decisions made prior to the Arizona court's decision that relied on a NWPR AJD will not be reconsidered in response to the NWPR vacatur. | | high |
| #Q009 | administrative | operational | mandatory | Non-reliance on NWPR AJD for New Permits | other | However, due to the vacatur, the Corps will not rely on a NWPR AJD in making a new permit decision. | | high |
| #Q010 | administrative | operational | mandatory | Permit Options Discussion for Pending NWPR AJDs | other | Therefore, for any currently pending permit action that relies on a NWPR AJD, or for any future permit application received that intends to rely on a NWPR AJD for purposes of permit processing, the Corps will discuss with the applicant, as detailed in RGL 16-01, whether the applicant would like to receive a new AJD completed under the current regulatory regime to continue their permit processing or whether the applicant would like to proceed in reliance on a preliminary JD or no JD whatsoever. | for any currently pending permit action that relies on a NWPR AJD, or for any future permit application received that intends to rely on a NWPR AJD | high |
| #Q011 | administrative | operational | mandatory | Reconsideration of Permit Decisions Relying on 2023 or Pre-2015 AJDs | other | Permit decisions that relied on an AJD completed under the January 2023 Rule or the pre-2015 regulatory regime will also not be reconsidered. | | high |
| #Q012 | administrative | operational | guidance | Reliance on Pre-March 2025 AJDs | other | The Corps may rely on an AJD completed prior to the the March 12, 2025 joint agency memorandum on continuous surface connection and issued under the January 2023 Rule, the Amended 2023 Rule, or the pre-2015 regulatory regime to support pending or new permit decisions where the requestor wishes to do so. | where the requestor wishes to do so | high |
| #Q013 | administrative | operational | mandatory | Permit Options Discussion for Pre-March 2025 AJDs | other | However, in these circumstances, the Corps will discuss with the applicant, as detailed in RGL 16-01, whether the applicant would like to receive a new AJD completed under the current regulatory regime to continue their permit processing or whether the applicant would like to proceed in reliance on the existing AJD, a preliminary JD, or no JD whatsoever. | in circumstances where the requestor wishes the Corps to rely on an AJD completed prior to the March 12, 2025 joint agency memorandum | high |