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Factsheet:
also available in PDF format (1212kb)
Introduction In response to independent critiques of the effectiveness of wetlands compensatory mitigation for authorized losses of wetlands and other waters under Section 404 of the Clean Water Act (CWA), the Environmental Protection Agency, the Army Corps of Engineers, and the Departments of Agriculture, Commerce, Interior, and Transportation released the National Wetlands Mitigation Action Plan on December 26, 2002. The Plan includes 17 tasks that the agencies will complete by the end of 2005 to improve the ecological performance and results of compensatory mitigation. Background Reports published in 2001 by the National Academy of Sciences (NAS) and the General Accounting Office (GAO) provided a critical evaluation of the effectiveness of wetlands compensatory mitigation for authorized losses of wetlands and other waters under Section 404 of the CWA. Section 404 regulates discharges of dredged and fill materials into waters of the United States and requires compensatory mitigation for unavoidable impacts. The independent analyses and other commentaries highlighted a number of shortfalls and identified a variety of technical, programmatic, and policy recommendations for the Federal agencies, States, and other involved parties. An interagency team drafted the National Mitigation Action Plan endorsing the goal of no net loss of wetlands and outlining specific action items that address the concerns of the NAS, GAO, and other independent evaluations. The 17 actions, with various agency leads, address areas of concern, including data collection and availability, clarifying performance standards, improving accountability, and integrating mitigation into the watershed approach. Completing the actions in the Plan will enable the agencies and the public to make better decisions regarding where and how to restore, enhance, and protect wetlands; improve their ability to measure and evaluate the success of mitigation efforts; and expand the public’s access to information on these wetland mitigation activities. Stakeholder Forums In 1999, the Federal agencies began hosting a series of stakeholder forums to gather information and opinions on the concerns and challenges of compensatory mitigation. These forums have brought together a diverse group of individuals representing the regulated community, environmental organizations, academia, non-governmental organizations, and mitigation providers. The first forum was held in Washington, DC, in 1999, to discuss draft guidance on in-lieu-fee mitigation. The second forum was held in Baltimore, Maryland, in 2001. This meeting helped lead to the formulation of the Action Plan. Additional forums were held in Portland, Oregon, in 2003, and Tampa, Florida, in 2004, to discuss progress on Action Plan tasks and solicit input on future Action Plan tasks. For a complete summary of the forums, visit mitigationactionplan.gov. A future forum is scheduled to occur in 2005. Components of the National Wetlands Mitigation Action Plan Completion of the first task in the Plan, release of a revised Army Corps of Engineers Mitigation Regulatory Guidance Letter (RGL 02-2) occurred concurrent with the Plan. The remaining 16 actions, which will be completed by the end of 2005, will address areas of concern including integrating mitigation into the watershed approach, improving accountability, clarifying performance standards, and improving data collection and availability. These actions are: Integrating Mitigation into a Watershed Context
Improving Accountability
Clarifying Performance Standards
Improving Data Collection and Availability
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