Alaska: USACE Terminates Third Party’s Mitigation in Lieu Fee Program

The U.S. Army Corps of Engineers, Alaska District, has ended The Conservation Fund’s in lieu fee program as an option for permit applicants’ use in meeting compensatory mitigation requirements for proposed project impacts.

The Alaska District explained in a letter to the organization that due to the fund’s failure to fulfill the compensatory mitigation obligations assumed in accordance with federal time requirements, the program will no longer be a viable option for applicants.

“While disappointing that this is one less option for our permit applicants to use to fulfill their compensatory mitigation requirements, there are still six approved mitigation banks and three in lieu fee programs available,” said Col. Michael Brooks, Alaska District commander.

“Our project managers will educate applicants on mitigation and identify third-party compensatory mitigation as an option in available service areas and with providers that are in good standing.”

Under Section 404 of the Clean Water Act, USACE regulates the discharge of dredged or fill material into waters of the United States.

For every authorized activity, USACE ensures that adverse impacts to wetlands, streams and other aquatic resources are avoided and minimized to the extent practicable. In some cases, USACE requires compensatory mitigation to offset any impacts to those resources.