(Advisory only-comments are not being solicited)
The U.S. Army Corps of Engineers (Corps) Jacksonville District announces its revised guidance titled Guidance for Establishment and Use of Multipurpose Mitigation Banks and In-Lieu Fee (ILF) Programs in the Jacksonville District, dated August 9, 2022. Our original guidance was noticed on December 27, 2021. This guidance has been revised to address resource agency and stakeholder feedback received since its implementation.
The Corps’ regulations at 33 CFR Part 332 give the Corps the authority to approve mitigation banks and ILF programs that provide compensatory mitigation to offset losses of aquatic resources authorized by Department of the Army (DA) permits. The regulations were published in the April 10, 2008, Federal Register, under the title of Compensatory Mitigation for Losses of Aquatic Resources; Final Rule (Rule). The purpose of this guidance is to ensure that multipurpose mitigation banks and ILF programs within the Corps Jacksonville District meet the requirements at 33 CFR 332.3(j), which governs the relationship between compensatory mitigation for DA permits and other federal, tribal, state, and local programs, including the use of credits under multiple programs. Our revised guidance is attached and is also available via the Regulatory In-lieu Fee and Bank Information Tracking System at the following web address:
https://ribits.ops.usace.army.mil/ords/f?p=107:150:2849357154573::NO::P150_DOCUMENT_ID:111352
The Rule establishes standards and criteria for the use of all types of compensatory mitigation, including on-site and off-site permittee-responsible mitigation, mitigation banks, and ILF programs to offset unavoidable impacts to waters of the United States authorized through the issuance of Department of the Army permits pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) and/or Sections 9 or 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401, 403). The standards and criteria shall, to the maximum extent practicable, maximize available credits and opportunities for mitigation, provide for regional variations in wetland conditions, functions, and values, and apply equivalent standards and criteria to each type of compensatory mitigation. Therefore, some of concepts described in this guidance will apply to other forms of compensatory mitigation, such as permittee responsible mitigation.
Multipurpose compensatory mitigation projects are designed to holistically address compensatory mitigation requirements under multiple programs and authorities. These projects are designed to generate multiple types of credits and expand on the benefits of single-credit compensatory mitigation projects through ecosystem establishment, re-establishment, rehabilitation, enhancement, and preservation. Multipurpose compensatory mitigation projects may also provide options to compensate for losses associated with other environmental resource types (e.g., carbon, species habitat, etc.). Mitigation projects which provide multiple credit types are generally more complex with additional management and policy requirements to ensure their successful establishment, operation, and use.
If you have any questions concerning this guidance, you may contact Mr. Cory Wilson in writing at the United States Army Corps of Engineers, Jacksonville District, Regulatory Division, Mitigation Programs Team, P.O. Box 4970, Jacksonville, Florida 32232-0019, by electronic mail at cory.l.wilson@usace.army.mil, or by telephone at 904-232-1670.