33 C.F.R. § 325.9 Authority to determine jurisdiction.
Title 33 - Navigation and Navigable Waters
District engineers are authorized to determine the area defined by the terms “navigable waters of the United States” and “waters of the United States” except: (a) When a determination of navigability is made pursuant to 33 CFR 329.14 (division engineers have this authority); or (b) When EPA makes a section 404 jurisdiction determination under its authority.
Title 33: Navigation and Navigable Waters
PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS
§ 325.9 Authority to determine jurisdiction.

