Wetlands Protection: The Scope of the Section 404 Program Remains Uncertain

RCED-93-26 April 6, 1993
Full Report (PDF, 94 pages)  

Summary

The environmental benefits of swamps, marshes, and bogs--long considered fit only for draining and filling--are increasingly recognized today. Wetlands provide vital habitat for wildlife as well as improve water quality and control soil erosion. How to protect these areas has become a major regulatory issue in the 1990s. Under the Section 404 program, the U.S. Army Corps of Engineers is in charge of granting permits to anyone wanting to dredge and fill in navigable waters, including wetlands. GAO made several suggestions in a July 1988 report (GAO/RCED-88-110) on how the Corps could improve program management. This report discusses (1) the extent to which the Corps has acted on GAO's recommendations, (2) legislative and other developments that have occurred since the 1988 report that affect the program, and (3) the extent to which budgetary constraints have affected program administration.

GAO found that: (1) the Corps and the Environmental Protection Agency (EPA) have made progress in implementing some GAO recommendations aimed at improving section 404 program administration including the development of a data reporting system that would provide baseline information on the development of wetlands; (2) the Corps and EPA are developing guidelines to assess the cumulative impacts of wetlands development projects and revise their methodology for delineating wetland boundaries; (3) the Corps and EPA have not adequately emphasized section 404 permit enforcement and are primarily involved with permit processing; (4) proposed changes to the section 404 program would expedite the permit application process; and (5) budgetary and staffing constraints have limited the Corps' ability to carry out program activities including timely wetland delineations and site visits.