IWR Publishes Reference on Financial Assurance for Mitigation Projects (July 5, 2011)
Implementing financial assurances for mitigation project success can be challenging and place demands on regulators outside their regular areas of practice and expertise. The Institute for Water Resources (IWR) prepared this white paper on financial assurance for mitigation project success to provide a reference resource for Corps district staff involved with establishing and overseeing financial assurances.

“Implementing Financial Assurance for Mitigation Project Success” reviews key design and implementation issues and considerations relating to the use of financial assurances for mitigation project success. It describes and compares key features of alternative assurance instruments.

For full Press Release, click here. To view document, click here. 

CA Department of Fish and Game: Land Management Endowment Program and Approach Overview (2010)  (PDF)

In Lieu Fee Mitigation: Model Instrument Language and Resources (2009): This document by the Environmental Law Institute provides resources to assist In Lieu Fee Programs in coming into compliance with the Federal mitigation rule published by the Corps and EPA on April 10, 2008.  It summarizes the In Lieu Fee requirements in the rule and provides a model instrument and other helpful information to assist nonprofits organizations and states in coming into compliance with the  final mitigation rule. To view document, click here. For information, click here.

Timeline for Bank ILF Instrument Approval (PDF) (1 pg, 52K).  A graphic displaying the timeline for approval of a mitigation bank or In-Lieu fee instrument.

Timeline for Bank ILF Instrument Dispute Resolution (PDF) (1 pg, 51K).  A graphic showing the steps for an In-Lieu Fee instrument dispute resolution.

Watershed Approach to Compensatory Mitigation (PDF) (2 pp, 29K).  The U.S. Army Corps of Engineers district engineer must use a watershed approach to establish compensatory mitigation requirements in DA permits to the extent appropriate and practicable.

Mitigation Plan Requirements (PDF) (3 pp, 33K).  A mitigation plan is required for all forms of compensatory mitigation whether permittee-responsible mitigation, mitigation banks, or in-lieu fee mitigation project.

Requirements for a Complete Prospectus (PDF) (1 pg, 20K).  An In Lieu Fee prospectus provides an overview of the proposed mitigation bank or in-lieu fee program at a sufficient level of detail to support informed public and Interagency Review Team (IRT) comment.

Requirements for Mitigation Bank and ILF Instruments (PDF) (1 pg, 23K).  A list of requirements for Mitigation Bank and In Lieu Fee Program Instruments repectively.

Recent Resources (PDF) (1 pg, 24K).  This is a partial list of web sites of materials (mitigation bank templates, checklists, etc.) that comply with and/or support the mitigation regulations. This list is provided for informational purposes only and is not an endorsement of any particular document or approach.

Environmental Law Institute: “In-Lieu-Fee Searchable Database”

Environmental Law Institute: “In-lieu fee mitigation: coming into compliance with the new Compensatory Mitigation Rule” by Jessica Wilkinson, May 29 2007.

Environmental Law Institute: “The Status and Character of In-Lieu Fee Mitigation in the United States”, June 2006

Wetlands Protection - Assessment Needed to Determine the Effectiveness of In Lieu Fee Mitigation, Government Accounting Office (GAO), May 2001. The GAO report surveyed In Lieu Fee programs around the U.S. and made recommendations on actions needed to improve implementation. To view report, click here.

ILF Instrument Development and Execution
The North Carolina Experience (Sept. 2010)

State of Oregon In-Lieu Fee Program—Challenges and Successes under the
New Rule (2009)