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GAO-08-801R 1 (2008-05-16)

handle is hein.gao/gaobadwtl0001 and id is 1 raw text is: I GA 0 V 1 Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-316445 May 16, 2008 The Honorable Barbara Boxer Chairman The Honorable James M. Inhofe Ranking Minority Member Committee on Environment and Public Works United States Senate The Honorable Nick J. Rahall II Chairman The Honorable Don Young Ranking Minority Member Committee on Natural Resources House of Representatives Subject: Department of Defense, Department of the Army, Corps of Engineers, and Environmental Protection Agency. Compensatoiy Mitigation for Losses of Aquatic Resources Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Defense, Department of the Army, Corps of Engineers, and Environmental Protection Agency, entitled Compensatory Mitigation for Losses of Aquatic Resources (RIN: 0710-AA55). We received the rule on May 5, 2008. It was published in the Federal Register as a final rule on April 10, 2008. 73 Fed. Reg. 19,594. The rule has a stated effective date of June 9, 2008. The final rule establishes performance standards and criteria for compensatory mitigation, mitigation banks, and in-lieu programs to improve the quantity and success of compensatory mitigation projects. Compensatory mitigation involves actions taken to offset unavoidable adverse impacts to wetlands, streams, and other aquatic resources. The rule is meant to improve the planning, implementation, and management of projects by emphasizing a watershed approach. Enclosed is our assessment of the agencies' compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that, except for compliance with the 60-day review provision, the agencies complied with the applicable requirements. Under the provisions of 5 U.S.C. § 801(a)(3), a major rule shall take effect 60 days after the latest date on GAO-08-801R

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