National Wetlands Mitigation Action Plan
December 24, 2002
The Bush Administration affirms its commitment to the goal of no net loss of the Nation's wetlands. The Administration is hopeful of achieving that goal and in the near future to begin increasing the overall functions and values of our wetlands through the combined efforts of the numerous governmental programs and initiatives, including the Clean Water Act, and non-regulatory wetland conservation initiatives and partnerships among federal agencies, state, tribal and local governments, and the private and not-for-profit sectors. The primary purpose of this Action Plan is to further achievement of the goal of no net loss by undertaking a series of actions to improve the ecological performance and results of wetlands compensatory mitigation under the Clean Water Act and related programs. The actions, listed below and outlined in more detail in the attached Action Plan, will help ensure effective restoration and protection of the functions and values of our Nation's wetlands, consistent with the goals of our clean water laws. The themes guiding these actions include:
- working in consultation with the Tribes, States, and interested parties to provide a consistent voice on compensatory mitigation matters;
- focusing our guidance, research, and resources to advance ecologically meaningful compensatory mitigation, informed by science;
- emphasizing accountability, monitoring, and follow-through in evaluating compensatory mitigation;
- applying the same compensatory mitigation provisions to Federal projects and on Federal lands as we do to private parties, consistent with existing laws and policies;
- providing information and options to those who need to mitigate for losses of wetlands functions; and
- providing technical and research assistance to those who undertake the work of mitigation.
An interagency team will guide the development and implementation of the following action items. Recognizing that advances in science and technology will continue to improve our ability to protect and restore the Nation's aquatic resources, some of the following action items may be modified by the team consistent with our evolving understanding of effective wetlands management.
Clarifying Recent Mitigation Guidance
- The Army Corps of Engineers (Corps), in consultation with the Environmental Protection Agency (EPA), the Department of Agriculture (USDA), the Department of the Interior (DOI), the Federal Highway Administration (FHWA), and the National Oceanic Atmospheric Administration (NOAA), has re-evaluated its mitigation Regulatory Guidance Letter and is reissuing it to improve mitigation implementation provisions.
Integrating Compensatory Mitigation into a Watershed Context
- The Corps and EPA, in conjunction with USDA, DOI, and NOAA, working with States and Tribes, will co-lead the development of guidance on the use of on-site vs. off-site and in-kind vs. out-of-kind compensatory mitigation by the end of 2003.
- EPA and the Corps, in conjunction with USDA, DOI, and NOAA, working with States and Tribes, will co-lead the development of guidance on the use of vegetated buffers as a potential component of compensatory mitigation by 2004.
- The Corps and EPA, in conjunction with USDA, DOI, and NOAA, working with States and Tribes, will develop guidance on the appropriate use of preservation for compensatory mitigation by 2004.
- Building on the guidance above, EPA and the Corps, working with USDA, DOI, and NOAA, will co-lead an analysis with Tribes and States on the use of compensatory mitigation within a watershed context and identify criteria for making compensatory mitigation decisions in this context by 2005.
Improving Compensatory Mitigation Accountability
- EPA, the Corps, and the FHWA will develop guidance that clarifies implementation of the TEA-21 preference for mitigation banking in 2003.
- EPA will continue to provide financial assistance through its wetlands State grants program to encourage Tribes, States, and others to increase the success of mitigation in their jurisdictions.
- EPA and the Corps, in conjunction with USDA, DOI, and NOAA, will develop guidance by 2004 for protecting those wetlands for which mitigation, restoration, or creation is not feasible or scientifically viable.
- EPA and the Corps, in conjunction with USDA, DOI, and NOAA, will clarify considerations for mitigating impacts to streams in the Section 404 program in 2003.
Clarifying Performance Standards
- The Corps, EPA, USDA, DOI, and NOAA, working with States and Tribes, will develop a model mitigation plan checklist for permit applicants in 2003.
- EPA and the Corps, in conjunction with USDA, DOI, and NOAA, will review and develop guidance adapting the National Academies of Sciences' National Research Council-recommended guidelines for creating or restoring self-sustaining wetlands to the Section 404 program in 2003.
- EPA will analyze existing research to determine the effectiveness of using biological indicators and functional assessments for evaluating mitigation performance in 2003.
- Building upon the biological indicators and functional assessments research, EPA, in conjunction with the Corps, USDA, DOI, and NOAA, and working with States and Tribes, will lead the development of performance standards guidance on monitoring and adaptive management of mitigation sites by 2005.
- EPA and the Corps, in conjunction with USDA, DOI, and NOAA, will clarify key concepts related to performance standards.
Improving Data Collection and Availability
- The Corps, EPA, USDA, DOI, and NOAA, in conjunction with States and Tribes, will compile and disseminate information regarding existing mitigation-tracking database systems in 2003.
- Building upon the analysis of existing mitigation data base systems, the Corps, EPA, USDA, DOI, and NOAA will establish a shared mitigation database by 2005.
- Utilizing the shared database, the Corps, in conjunction with EPA, USDA, DOI, and NOAA, will provide an annual public report card on compensatory mitigation to complement reporting of other wetlands programs by 2005.
The signatories or their designated representatives shall meet annually to review the progress being made regarding the implementation of the Action Plan. EPA and the Corps may invite other relevant federal agencies to participate in one or more of the action items.
This plan may be modified as necessary, by mutual written agreement of all the parties.
The participating agencies intend to fully carry out the terms of this agreement. All provisions in this agreement, however, are subject to available resources and authorities of the respective agencies under Section 404 of the Clean Water Act.
/Signed/ 12/24/02
Les Brownlee
Acting Assistant Secretary for Civil Works
Department of the Army (Civil Works)
/Signed/ 12/24/02
G. Tracy Mehan, III
Assistant Administrator for Water
U.S. Environmental Protection Agency
/Signed—Scott B.Gudes/ 12/24/02
/for/ Vice Admiral Conrad C. Lautenbacher, Jr.
U.S. Navy (ret.)
Undersecretary of Commerce for Oceans and Atmosphere
U.S. Department of Commerce
/Signed/ 12/24/02
Lynn Scarlett
Assistant Secretary of Policy, Management, and Budget
Department of Interior
/Signed/ 12/24/02
Mark E. Rey
Under Secretary for Natural Resources and the Environment
U.S. Department of Agriculture
/Signed—George E. Schoener/ 12/24/02
/for/ Emil H. Frankel
Assistant Secretary for Transportation Policy
U.S. Department of Transportation