Army Corps of Engineers: Expedited Permitting Process Would Benefit from More Transparency

What GAO Found

Under certain circumstances, the U.S. Army Corps of Engineers may accept and expend funds from nonfederal public entities, public utility companies, natural gas companies, railroad carriers, and Indian Tribes to expedite its evaluation of required permits for their projects, such as pipelines, in federally regulated waters and wetlands. The Corps does so through agreements that it makes with these entities under section 214 of the Water Resources Development Act of 2000 (WRDA 2000), as amended. Agreements made under this authority are known as section 214 agreements.

Examples of Public Works Projects in Wetlands with a U.S. Army Corps of Engineers Permit

As of July 2, 2024, the Corps had entered into 23 section 214 agreements for expedited permit processing with public utility companies, natural gas companies, and railroad carriers. The Corps has issued over 3,600 permits using funding from these agreements.

In 2018, the Corps issued updated implementation guidance to help ensure its district offices and divisions meet statutory requirements when evaluating permits under section 214 agreements. These statutory requirements include ensuring that permit evaluations under these agreements are using the same procedures for decisions as other permits, are impartial, and are not adversely affecting the timeline for evaluating permits for entities that do not have section 214 agreements, to the maximum extent practicable.

The Corps has publicly posted, as required by statute, some information about its section 214 implementation on two different program webpages. However, it does not distinguish between all permits issued using funding from section 214 agreements and other similar agreements. It also does not make all active section 214 agreements to accept funds or section 214 annual reports available on a single website, as section 214 of WRDA 2000, as amended, requires. By (1) updating its permit database to distinguish permits, (2) making all active section 214 agreements to accept funds available on a single website, and (3) making section 214 annual reports available on a single website, the Corps would enhance the transparency of its section 214 activities and ensure that it is making information publicly available as required.

Why GAO Did This Study

Nonfederal public entities and private entities that propose public works or infrastructure projects in federally regulated waters and wetlands may be required to obtain permits from the U.S. Army Corps of Engineers before proceeding. Federal statute also requires these entities to obtain permits to alter a Corps water resource project. Section 214 of WRDA 2000, as amended, authorizes the Secretary of the Army to, after providing public notice, accept and expend funds from nonfederal public entities, public utility companies, natural gas companies, railroad carriers, and Indian Tribes to expedite the evaluation of permits for their proposed projects with a public purpose that fall under the jurisdiction of the Department of the Army.

In an August 2017 report, GAO reviewed the Corps’ implementation of its section 214 authority for public utility companies, natural gas companies, and railroad carriers, as required by WRDA 2000, as amended. America’s Water Infrastructure Act of 2018 includes a provision for GAO to conduct a follow-up study. (Pub. L. No. 115-270, tit. I, § 1145(2), 132 Stat. 3765, 3785 (codified at 33 U.S.C. § 2352(a)(4)). This report addresses key aspects of the Corps’ use of its expedited permit processing authority for these entities.

GAO reviewed Corps documentation, including its 2018 updated implementation guidance, section 214 websites, and annual reports to relevant congressional committees. GAO also interviewed Corps officials about the Corps’ processes for expediting permit evaluations with public utilities, natural gas companies, and railroad carriers with section 214 agreements.