Sacramento District California In-Lieu Fee Program

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:

1. 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
2. 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.

Vernal Pool Service Areas:

• Vernal Pool Service Area - Carrizo
• Vernal Pool Service Area - Central Coast
• Vernal Pool Service Area - Lake-Napa
• Vernal Pool Service Area - Livermore
• Vernal Pool Service Area - Modoc
• Vernal Pool Service Area - Northeastern Sacramento Valley
• Vernal Pool Service Area - Northwestern Sacramento Valley
• Vernal Pool Service Area - San Joaquin Valley
• Vernal Pool Service Area - Solano-Colusa
• Vernal Pool Service Area - Southeastern Sacramento Valley
• Vernal Pool Service Area - Southern Sierra Foothills
• Vernal Pool Service Area - All Other Vernal Pool Areas

Aquatic Resource Service Areas:

• Aquatic Resource Service Area – American River
• Aquatic Resource Service Area – Bear/Yuba Rivers
• Aquatic Resource Service Area – Cache/Putah Rivers
• Aquatic Resource Service Area – Calaveras/Stanislaus Rivers
• Aquatic Resource Service Area – Carson/Walker Rivers
• Aquatic Resource Service Area – Cosumnes/Mokelumne Rivers
• Aquatic Resource Service Area – Feather River
• Aquatic Resource Service Area – Kaweah/Tule Rivers
• Aquatic Resource Service Area – Kern River
• Aquatic Resource Service Area – King River
• Aquatic Resource Service Area – Merced/Tuolumne Rivers
• Aquatic Resource Service Area – Modoc
• Aquatic Resource Service Area – Northeast Sacramento River
• Aquatic Resource Service Area – Northwest Sacramento River
• Aquatic Resource Service Area – Pit River
• Aquatic Resource Service Area – San Joaquin River
• Aquatic Resource Service Area – Tahoe

Please contact NFWF for specific sales and pricing information.