Army Corps Fails To Document Why 52 Projects Need No Wildlife Mitigation
Since 1986 the law has given the Corps two options for every project it sends Congress: a mitigation plan or a stated negligible-impact finding. GAO found the plans generally done and the findings generally not written down, with no internal guidance for writing them. The safeguard is a sentence; the sentence is missing.
Since 1986 the law has given the Corps two options for every project it sends Congress: a mitigation plan or a stated negligible-impact finding. GAO found the plans generally done and the findings generally not written down, with no internal guidance for writing them. The safeguard is a sentence; the sentence is missing.
GAO reported on October 8 that for 52 of 74 Civil Works projects sent to Congress in 2020–2025, the Army Corps decided no fish-and-wildlife mitigation was needed but generally did not clearly document that determination or the reason, as federal law requires; the Army did not concur with GAO's fix.
Why it matters: Congress authorizes levees, harbors and flood projects, cost-shared with states and cities, on the strength of these reports. Without the finding, lawmakers and the public cannot see why a project needs no offset for the habitat it affects.
Date to watch: The Water Resources Development Act of 2026, now being drafted by Senate EPW and House T&I.
Sources:
- GAO-27-108551 product page (2026-10-08)
https://www.gao.gov/products/gao-27-108551 - GAO-27-108551 full report (PDF) (2026-10-08)
https://www.gao.gov/assets/gao-27-108551.pdf - 33 U.S.C. § 2283, fish and wildlife mitigation (Cornell LII) (2026-10-09)
https://www.law.cornell.edu/uscode/text/33/2283 - Senate EPW hearing transcript: WRDA 2026 and USACE priorities (2026-02-25)
https://www.epw.senate.gov/public/_cache/files/e/f/efcfc912-ceb5-4a34-9a52-6bf630f07688/B7EA7B25B3CF81EC4D7DB4D551902CBD572990B5011142C5781A83C0D1006303.spw-02252026-hearing-to-examine-wrda-2026-and-usace-projects-programs-priorities-.pdf - EPW GOP: Capito opening statement, WRDA 2026 hearing (2026-02-25)
https://www.youtube.com/watch?v=WRaqQugj2F4 - EPW GOP: Capito asks Army Corps leaders about WRDA implementation (2025-09-17)
https://www.youtube.com/watch?v=dIwfPgqYfo4 - Sen. Whitehouse at the WRDA 2026 hearing (2026-02-27)
https://www.youtube.com/watch?v=4glifzKQXY8 - House T&I: Napolitano at Chief's Reports hearing (2016-05-17)
https://www.youtube.com/watch?v=UIOChkxQzDE - USACE Nashville District: Mitigation (2010-12-09)
https://www.youtube.com/watch?v=QQfy1WJ36Wg - USACE Wilmington District: Compensatory Mitigation for Corps Permits (2013-03-29)
https://www.youtube.com/watch?v=ukOXgJUuvyg - USACE Nashville District: Endangered Species Act (2010-12-09)
https://www.youtube.com/watch?v=02G7WMANEVI - The Mitigation Banking Group: wetland credit costs (2021-05-05)
https://www.youtube.com/watch?v=xsSFLeG8U1g - Dewberry: What is wetland banking? (2023-03-16)
https://www.youtube.com/watch?v=3rJDsEjki0I - USACE New Orleans: ASA(CW) Adam Telle at Summit at Sea Level (2026-07-01)
https://www.youtube.com/watch?v=Z6HJdd53pbQ - National Wildlife Federation: Managing the Mississippi, Part 1 (2011-05-13)
https://www.youtube.com/watch?v=hNQKa2jLBe4
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