December 19, 2001

CORPS ASKS FOR INPUT ON WETLANDS MITIGATION

 After receiving harsh criticism for its new stance on wetlands mitigation, the U.S. Army Corps of Engineers is asking for input from other federal agencies. In November, the Corps issued new regulatory guidance regarding how developers will compensate for destroying wetlands. Critics said the policy would allow developers to offset losses of wetlands on one site by protecting wetlands, or even dry land, elsewhere, leading to a loss of wetlands nationwide. Conservation groups charged that the Corps ignored the national goal of achieving "no net loss" of wetlands, established during the first Bush administration.

"We want to make a sincere effort to address the concerns that have been raised in order to ensure proper protections to the aquatic ecosystem," said Brigadier General Robert Griffin, the Corps' director of Civil Works. "A primary concern was that the Corps had backed off from the policy of 'no net loss' of wetlands. That was certainly not the guidance letter's intent, so we need to make sure the language is clear and direct." The Corps is asking other federal agencies to comment on the regulatory guidance letter until March 1, 2002.

The Corps said it prepared the guidance letter in response to recommendations in a report from the National Research Council, which recommended ways to improve the Corps' mitigation procedures. Mitigation can offset adverse impacts by restoring former wetlands, enhancing existing ones, establishing new wetlands where none existed before, or preserving high value wetlands threatened by development. In releasing the guidance letter, the Corps said the policy reinforces the goal of no net loss of wetlands, stating, "the concepts embodied in the guidance … are intended to fully support the national no overall net loss policy for wetlands and to provide a basis for formulating decisions that will more effectively and fully mitigate impacts to other aquatic resources, such as flowing streams."

The Corps' Regulatory Guidance Letter and the National Research Council report are accessible online at: http://www.usace.army.mil/civilworks/hot_topics/rglmitigation.htm

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