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Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

Public Notices published by the Sacramento District under the Regulatory Program are posted on this page. Once a public notice is available on-line, an email notification is sent to individuals on the appropriate mailing list.

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SPK-2007-00528 - Special Announcement concerning NFWF ILF Program

Published April 30, 2013


SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) announces the June 1, 2013, expiration of the existing March 28, 2007 Memorandum of Agreement (MOA) with the National Fish and Wildlife Foundation (NFWF). This MOA established the Sacramento District’s Wetlands Conservation Fund In-Lieu Fee Program (Fund/ILF) which expires June 1, 2013. After June 1, 2013, the Sacramento District will no longer accept ILF payments as mitigation until a new fund is approved.

BACKGROUND: The primary purpose of the ILF Fund is to collect monies generated by ILF funding requirements under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act for authorized activities and monies generated by enforcement and compliance actions initiated by the Sacramento District. This fund serves as a funding source for the rehabilitation, re-establishment, establishment, enhancement, or in exceptional circumstances preservation of wetlands and other aquatic resources, and their associated habitats within the Sacramento District.

Since its inception in 2007, the existing NFWF ILF Program has received fees for over 400 projects and collected $7.78 million dollars associated with 61.12 acres of impacts to waters of the United States. This is a small subset of the impacts and required compensatory mitigation required by the Sacramento District during this period. The existing 2007 ILF Fund was limited to receiving in-lieu fees from projects permitted under General Permits (e.g. Nationwide Permits and Regional General Permits). In 2008, the Corps published new regulations at 33 CFR 332.8 (2008 Rule), establishing procedures for the implementation of ILF agreements. Although the existing NFWF ILF Program is not compliant with the 2008 Rule, it has been grandfathered until June 1, 2013, as it provides an important compensatory mitigation option for small impact projects, and has allowed time for NFWF to develop a new ILF program.

On 24 October 2012, the Corps issued a Public Notice regarding the prospectus to establish the Sacramento District California In-Lieu Fee (ILF) Program that is compliant with 33 CFR 332 within the California portions of the Sacramento District. Until this ILF is approved the compensatory mitigation options within the California portions of the Sacramento District consist of: purchasing credits at a Corps-approved mitigation bank, permittee-responsible on-site mitigation, and permittee-responsible off-site mitigation. A list of approved mitigation banks can be found online In the Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) at  

ADDITIONAL INFORMATION: For additional information regarding the 2007 NFWF ILF, contact:

James Robb, Senior Project Manager
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922