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Mitigation
Guidelines

Mitigation Banks

Approved
Mitigation Banks

APPLICABLE POLICY: Wetland Mitigation Banking National Policy and Guidance.(link) The applicable policy, environmental laws and regulations can be found in the Federal Register, 28 Nov 95, Volume 60, Number 228, Pages 58605-58614, Federal Guidelines for the Establishment, Use and Operation of Mitigation Banks.

  • IMPORTANT DEFINITIONS:

  • Wetland Mitigation Banking - providing compensatory compensation in Advance of authorized impacts.

  • Prospectus- the draft description of a proposed bank venture distributed to mitigation banking review team.

  • Banking Instrument - this is the final draft of the bank prospectus. The banking instrument is the final form and will contain the signatures of concurring mitigation banking review team members.

  • Mitigation Banking Review Team (MBRT)- an interagency group of Federal, State, Tribal and/or local regulatory and resource agency representatives which are signatory to a banking instrument and oversee the establishment, use and operation of the bank. The MBRT consist of representatives from the Corps, U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency, and pertinent state resource agencies such as the Missouri Department of Natural Resources, Illinois Department of Natural Resources, Missouri Department of Conservation, Illinois Environmental Protection Agency, etc. Also included are any Tribal or local park districts as needed.

  • Sponsor- any public or private entity responsible for establishing and in most circumstances, operating wetland mitigation banks.

  • Chair- Oversees all coordination and has final approval on establishing the wetland mitigation bank. The Regulatory Branch (Corps of Engineers) Chair’s all Bank’s; except for Bank’s established for the sole purpose of complying with the Food Security Act, as such the Natural Resource Conservation Service is the Chair.

    GENERAL INFORMATION: Bank prospectuses can be submitted to the Corps Regulatory Branch with or without prior consultation. The Bank prospectus submitted for review should adequately address all fourteen terms and conditions found in the November 28, 1995, Federal Register.

    Mitigation Banking is a provision of the mitigation process for authorized "activities" that are permitted under Section 404 of the Clean Water Act.

    Compensation for these permitted "activities" can often be impractical or unfeasible to accomplish (Conceptually, this is the origin of Mitigation Banking).

    In short, a bank establishes advanced credit, as impacts occur debit accrues, compensation achieved by debiting from a Bank. However, it is important to note that using a Mitigation Bank is simply an option when compensation is required for the authorized impacts. If more practical or feasible compensation options exist, they shall take precedence.

    COORDINATION: Upon submittal of a completed prospectus to our office, members of the Mitigation Banking Review Team (MBRT) shall be forwarded one hard copy for their review. The following flow chart diagrams the chronology of this review:

InLieu Fee Mitigation

MCHF

Missouri Conservation Heritage Foundation

Points of Contact  
Rick Thom 800-227-1488
Liz Wansing 573-751-4115 ext. 3335

 E-mail:  mchf@MoCHF.org

Links

ELI's (Environmental Law Institute) new Banks and Fees web site . The site provides background information on wetland mitigation banking and in-lieu-fee mitigation. The site also makes available much of the data used in the Institute's report, Banks and Fees: The Status of Off-Site Wetland Mitigation in the United States, which was released in October 2002.

RIBITS Regional Internet Bank Information Tracking System, is an interactive website designed to track the status of mitigation banks in the USACE Mobile District that will provide up-to-date banking information to bank sponsors and customers alike. For information regarding mitigation, banking processes and procedures, existing bank information or general compliance issues select the appropriate link to the left.
To report a suspected violation or questions about
the Regulatory and Permit branch, please call:
(314) 331-8575

External Link Disclaimer -- Solely for ease of reference to related data, this site contains hyperlinks to a number of external web sites and/or information created and maintained by other public or private entities. The US Army Corps of Engineers neither controls nor guarantees the accuracy, relevance, timeliness, or completeness of any external sites or information, and the agency expressly reserves sole discretion to establish or remove external links from the server at any time. Further, the inclusion of links to particular external sites is not intended to reflect their importance or to endorse any views expressed, products or services offered on those sites, or the organizations sponsoring the sites.
Point of Contact:
Keith McMullen
Last updated: Tuesday, October 4, 2011 9:32 AM