Title page

Contents

Key Takeaways 1

Background 2

How many section 214 agreements are there? 3

How many permits and permissions have been issued or approved using these agreements? 3

How many mitigation bank instruments has the Corps approved using section 214 agreements? 3

How does the Corps ensure its use of section 214 authority meets applicable federal law? 4

How does the Corps ensure impartiality when using its section 214 authority? 4

How does the Corps ensure that using section 214 funding does not affect timelines for other entities' permits? 5

Does the Corps make certain section 214 information publicly available, as required by statute? 6

How does the Corps provide the required public notice that it is entering into a section 214 agreement? 9

How does the Corps prepare its required section 214 annual reports? 9

Conclusions 9

Recommendations for Executive Action 9

Agency Comments and Our Evaluation 10

How GAO Did This Study 10

List of Addressees 11

GAO Contact Information 11

Appendix I: Comments from the Army Corps of Engineers 12

Appendix II: Locations of U.S. Army Corps of Engineers' Civil Works Divisions and Districts 15

Appendix III: Corps Section 214 Agreements with Natural Gas Companies, Public Utility Companies, and Railroad Carriers 16

Table 1. Types of Permits Issued by U.S. Army Corps of Engineers 2

Table 2. Extent to Which the U.S. Army Corps of Engineers Makes Information on Section 214 of the Water Resource Development Act of 2000, as Amended,... 6

Table 3. U.S. Army Corps of Engineers Section 214 Agreements with Natural Gas Companies, Public Utility Companies, and Railroad Carriers, as of July 2, 2024 16

Figure 1. Examples of Activities in Wetlands with a U.S. Army Corps of Engineers Permit 1

Figure 2. Locations of U.S. Army Corps of Engineers' Civil Works Divisions and Districts 15