Sacramento District California In-Lieu Fee Grant Program

The Sacramento District California In-Lieu Fee Program, established by the National Fish and Wildlife Foundation, offers a mitigation option for permittees to compensate for authorized impacts to aquatic resources in California. Approved by multiple agencies, this program facilitates the purchase of mitigation credits to meet compensatory mitigation requirements. It employs a watershed approach to evaluate wetland threats, prioritize restoration, and implement mitigation projects, ensuring effective management of aquatic resources across designated service areas.

Summary
The National Fish and Wildlife Foundation’s Sacramento District California In-Lieu Fee Program provides a mitigation option that can be used by permittees to compensate for authorized impacts to aquatic resources. The Program covers the geographic area under the jurisdiction of the U.S. Army Corps of Engineers Sacramento District within the State of California (Program Area).
The National Fish and Wildlife Foundation’s (“NFWF”) Sacramento District California In-Lieu Fee Program (“ILF Program”) was established in October 2014 and approved by the U.S. Army Corps of Engineers (“USACE”), the U.S. Environmental Protection Agency, the National Marine Fisheries Service, the California State Water Resources Control Board, the Central Valley Regional Water Quality Control Board, and the Lahontan Regional Water Quality Control Board (each an “Agency” and collectively the “Agencies”) in accordance with the 2008 Compensatory Mitigation for Losses of Aquatic Resources Final Rule (33 CFR Parts 325 and 332; and 40 CFR Part 230) (the “2008 Rule”).
The Sacramento District California In-Lieu Fee Program (Program) was developed in compliance with the 2008 Final Rule on Compensatory Mitigation for Losses of Aquatic Resources (33 CFR Parts 325 and 332; 40 CFR Part 230) (Rule). The Rule was issued by the U.S. Army Corps of Engineers (USACE) and U.S. Environmental Protection Agency (EPA) on April 10, 2008.
The Program was approved for use by the USACE Sacramento District, the EPA, the National Marine Fisheries Service, the State of California Water Resources Control Board, the Central Valley Regional Water Quality Control Board, and the Lahontan Regional Water Quality Control Board, for impacts authorized by any of these regulatory agencies under:

• the Clean Water Act,
• the Rivers and Harbor Act,
• the Porter-Cologne Water Quality Control Act,
• the Endangered Species Act, and other applicable laws.

The Program operates by making available mitigation credits (Credits) for purchase by permittees (with the approval of the applicable regulatory agencies), which Credits may be used to satisfy the compensatory mitigation requirements applicable to such permittees for their impacts to aquatic resources (often referred to generally as wetlands).
In accordance with the 2008 Rule, the Program uses a comprehensive watershed approach to:

• evaluate threats to and losses of wetlands within the Program Area;
• develop and prioritize restoration objectives in the Program Area;
• create a collaborative and strategic approach to selecting, siting, and implementing individual mitigation projects; and
• apply the proceeds of Credit sales to pay for the implementation and completion of those projects.

The Program establishes two Credit types that are made available in multiple geographic service areas to provide compensation for authorized impacts to aquatic resources as follows:
Vernal Pool Credits for authorized impacts to vernal pool wetlands in 12 Vernal Pool Service Areas that are based on the vernal pool regions identified in the U.S. Fish and Wildlife Service’s Vernal Pool Recovery Plan; and
Aquatic Resource Credits for authorized impacts to wetlands (excluding vernal pools), other Waters of the U.S., Waters of the State of California and aquatic species in 17 Aquatic Resource Service Areas that are based on individual river systems.