June 9, 2022

House Approves 2022 WRDA – GAO to Study Mitigation Efficacy, Permitting Timelines and More

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The U.S. House of Representatives announced approval yesterday of H.R. 7776, bipartisan legislation for water resources infrastructure funding throughout the United States.

H.R. 7776, the Water Resources Development Act of 2022 (WRDA), authorizes water resources infrastructure projects carried out by the United States Army Corps of Engineers (Corps).  

This year’s Act, among other items, directs the “Comptroller General of the United States to conduct, and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, a report on the results of a study on performance metrics for, compliance with, and adequacy in addressing project impacts of, potential mechanisms for fulfilling compensatory mitigation obligations pursuant to the Federal Water Pollution Control Act.”

The study and report will focus on mitigation activities and their success in replacing lost or adversely affected habitats over different time periods from five to fifty years.  

Here are a some specifics for the reporting requirements:

  • Timeliness of initiation and successful completion of compensatory mitigation activities in relation to when the permitted activity occurs
  • Timeliness of processing and approval of compensatory mitigation activities
  • The costs of carrying out compensatory mitigation activities borne by the Federal Government, permittee, or any other involved entity
  • Federal and State agency oversight and short- and long-term monitoring of the compensatory mitigation activities
  • Whether the compensatory mitigation activity successfully replaces any lost or adversely affected habitat with habitat having similar functions of equal or greater ecological value
  • The continued, long-term success of the compensatory mitigation activities over a 5-, 10-, 20, and 50-year period

The Government Accountability Office (GAO) will deliver a report to the committees within 18 months of the Act. 

“A comprehensive study of compensatory mitigation, especially the timeliness of processing approval documents for mitigation banks, is long overdue. We applaud the House for its bipartisan decision to commission this study and encourage the Senate to follow suit.”

John paul woodley

Chair of the National Environmental Banking Association (NEBA).  “

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