Water Resources Projects Authorized Since the 1986 Act That Required a Fish and Wildlife Mitigation Plan

Of the 47 Civil Works projects authorized since the 1986 act that required a fish and wildlife mitigation plan and that received construction appropriations, 28 projects completed less than 50 percent of the mitigation before project construction began, according to the Corps. Of the remaining 19 projects, 7 completed at least 50 percent of mitigation before initiating construction; 2 had not started construction but had done some mitigation; and 10 had not started construction or mitigation. As of September 30, 2001, 16 of the 34 projects where construction had begun had completed 100 percent of the mitigation. Based on the guidance alone, panelists expressed concerns about their ability to reliably estimate the percent of success mitigation projects would have in restoring the natural hydrology and native vegetation and in supporting native fish and wildlife species. Panelists said factors other than guidance, such as major storms that are difficult to control or manage or invasive weeds or wildlife species that dominate the site unexpectedly, affect the success of mitigation projects. Some panelists, however, were critical of the three programs’ guidance overall, noting that the guidance emphasizes the early determination and design stages to the detriment of the monitoring and evaluation stages, emphasizes wetlands to the detriment of uplands or adjacent lands, or fails to require corrective actions in those instances where projects do not succeed. In discussions with the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure, we agreed to (1) determine the number of U.S. Army Corps of Engineers’ Civil Works projects for which less than 50 percent of mitigation was completed before the start of project construction and (2) establish a panel of scientific experts to compare the Corps’ Civil Works Program’s national guidance on fish and wildlife mitigation activities with the mitigation guidance for the Corps’ Regulatory Program and with the guidance for the Federal Highway Administration’s Federal-aid Highway Program.
What GAO Found

The U.S. Army Corps of Engineers must mitigate potential damage to fish and wildlife caused by dam construction, harbor dredging, and other projects. In the past, the Corps has acquired lands to replace lost habitat, created wetlands, or planted vegetation to stabilize soil and prevent erosion. The Corps' Civil Works Program deals with commercial navigation and flood damage, while its Regulatory Program oversees privately financed projects that affect water and land resources. According to Corps engineers, 28 of the 47 water resources projects authorized since enactment of the Water Resources Development Act of 1986 required a fish and wildlife mitigation plan. For projects that received funding, less than half of the mitigation was completed before construction began. Of the remaining 19 projects, seven completed at least half of mitigation before initiating construction; two had not started construction but had done some mitigation; and 10 had not begun construction or mitigation. As of September 2001, 16 of the 34 projects where construction had begun had completed all of the mitigation. A panel of scientific experts similarly rated the overall quality of the national fish and wildlife mitigation by the Corps and the Federal Highway Administration's Federal-aid Highway Program. Although some panelists commended the program guidance for its clarity, currency, and inclusion of ample technical guidance, other panelists were more critical, noting that the guidance emphasized the determination and design stages to the detriment of the monitoring and evaluation stages, emphasized wetlands to the detriment of other lands, or failed to require corrective actions when projects did not succeed. On the basis of the guidance alone, panelists expressed concerns about estimating the success of the mitigation projects in restoring the natural hydrology and native vegetation and in supporting native fish and wildlife species. Furthermore, factors other than guidance affect mitigation projects, such as major storms that are difficult to control, or invasive weeds or wildlife species that unexpectedly dominate the site.