SUBJECT: On September 22, 2011, the U.S. Army Corps of Engineers’ (USACE) South Pacific Division's Sacramento, San Francisco, and Los Angeles Districts, along with the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW), the California Natural Resources Agency (CNRA), the National Marine Fisheries Service (NMFS), the United States Environmental Protection Agency (EPA), the State Water Resources Control Board (State Water Board), and the Natural Resources Conservation Service (NRCS), as potential participants in Interagency Review Teams (IRT) entered into the Memorandum of Understanding Concerning Mitigation and Conservation Banking and In-Lieu Fee Programs in California (MOU). In accordance with the MOU, the California Banking Agency Management Team (BAMT) has approved the attached Interagency Mitigation and Conservation Banking Draft Prospectus, Prospectus, and Draft Bank Enabling Instrument (BEI) Checklists for use in the development of mitigation and conservation banks within, or that propose service areas, within the State of California. The checklists replace April 2024, interagency checklists. The California Interagency Project Delivery Team (PDT), in coordination with the BAMT, developed these checklists, following the consideration of comments received in response to the January 13, 2025, public notice, subsequent public meetings, and input from the BAMT.
Bank sponsors submitting a new draft prospectus, prospectus, or draft BEI on or before September 1, 2025 may continue to rely on the April 2024, California Interagency Mitigation Banking and Conservation Banking checklists. Bank sponsors must use the August 2025, California Interagency Mitigation Banking and Conservation Banking checklists when submitting a new draft prospectus, prospectus, or draft BEI on or after September 1, 2025. This requirement does not apply to the submittal of revised BEIs addressing IRT comments, where the initial draft BEI was submitted prior to September 1, 2025. However, mitigation banks currently in process may, and are encouraged to, use the August 2025, draft BEI checklist, rather than earlier versions. The applicability of the August 2025, California Interagency Mitigation Banking and Conservation Banking checklists is outlined in the table below:
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Applicability of August 2025, California Interagency Mitigation and Conservation Banking Draft Prospectus, Prospectus, and Draft BEI Checklists to Proposed and Approved Mitigation Banks
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Submittal of New Draft Prospectus, Prospectus or Draft BEI
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Banks Already in Draft BEI Stage
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On or Before September 1, 2025
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May use the April 2024 or August 2025, checklists
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Sponsor is not required to use the August 2025, checklists, but may choose to use the August 2025, checklists for revised BEI submittal
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After September 1, 2025
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Sponsors must use the August 2025, checklists
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Sponsor is not required to use the August 2025, checklists, but may choose to use the August 2025, checklists for revised BEI submittal
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The updated California Interagency Mitigation Banking and Conservation Banking checklists will be used jointly by the U.S. Army Corps of Engineers’ (USACE) South Pacific Division's Sacramento, San Francisco, and Los Angeles Districts, along with the USFWS, CDFW, CNRA, NMFS, EPA, State Water Board, and the NRCS, as potential participants in Interagency Review Teams (IRT). As always, we will continue to discuss the experiences of bank sponsors and others in using these checklists to inform potential future changes. This notice, as well as the original notice of the proposed updates, may be viewed at: http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx.
AUTHORITY: The California Interagency Mitigation Banking and Conservation Banking checklists will be used in the development of mitigation banks, which provide mitigation for impacts from projects which have received authorizations to proceed under the authorities of Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters of the United States and/or Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. Additionally, this template will be used for mitigation banks that also propose to provide mitigation for projects which have been required to provide mitigation by USFWS, CDFW, NMFS, the State Water Board, and/or NRCS. These agencies have committed through the above-mentioned MOU to establishing a combined and coordinated approach to mitigation and conservation banking throughout the State of California. This template reflects existing regulations, policies, and guidance and represents the way in which USACE, USFWS, CDFW, CNRA, NMFS, EPA, State Water Board, and the NRCS intend to implement and provide a consistent approach to mitigation and conservation banking proposals.
Attachments: August 2025, Draft Prospectus checklist
August 2025, Prospectus Checklist
August 2025, Draft Bank Enabling Instrument Checklist