Overview
The National
Fish and Wildlife Foundation’s (“NFWF”) Sacramento District California In-Lieu
Fee Program (“ILF Program”) was established in October 2014 and approved by the
U.S. Army Corps of Engineers (“USACE”), the U.S. Environmental Protection
Agency, the National Marine Fisheries Service, the California State Water
Resources Control Board, the Central Valley Regional Water Quality Control
Board, and the Lahontan Regional Water Quality Control Board (each an “Agency”
and collectively the “Agencies”) in accordance with the 2008 Compensatory
Mitigation for Losses of Aquatic Resources Final Rule (33 CFR Parts 325 and
332; and 40 CFR Part 230) (the “2008 Rule”).
The ILF
Program offers permittees an in-lieu fee option to satisfy their compensatory
mitigation obligations as determined by any of the Agencies, as applicable, for
impacts to aquatic resources authorized under the Clean Water Act, the Rivers
and Harbors Act, the Endangered Species Act, the Porter-Cologne Water Quality
Control Act, and other applicable laws, in the “Program Area,” which covers the
geographic area under the jurisdiction of the Sacramento District of the USACE
within California. For reference, the overall Program Area is subdivided under
the ILF Program into discrete geographies comprising 17 “Aquatic Resource
Service Areas” and 12 “Vernal Pool Service Areas.” The ILF Program offers two
types of Credits: 1) Vernal Pool Credits for authorized impacts to vernal pool
wetlands; and 2) Aquatic Resource Credits for authorized impacts to wetlands
(excluding vernal pools), other Waters of the United States, Waters of the
State, and certain species.
As a result
of sales of Aquatic Resource Credits and Vernal Pool Credits to date, NFWF has
accumulated certain funds that may be made available to fund projects that
establish, enhance, restore, or, in certain circumstances, preserve wetland
resources in an applicable Service Area (“ILF Projects”). NFWF is issuing this Notice
of Funding Availability in order to solicit proposals for the implementation of
eligible ILF Projects to be funded through the ILF Program.
The ILF Program currently has approximately $7.3 million in available funding for ILF Projects. The funding is divided among eleven priority Service Areas as summarized in Table 1.
Table 1. Priority Service Areas and Funding as of October 21, 2019.
Aquatic Resource Service Area |
Maximum Potential Funding |
Bear/Yuba Rivers |
$731,000 |
Cache/Putah Rivers |
$526,400 |
Calaveras/Stanislaus Rivers |
$244,000 |
Carson/Walker Rivers |
$147,000 |
Feather River |
$3,876,500 |
Kaweah/Tule Rivers |
$241,500 |
Modoc |
$169,500 |
Northeast Sacramento River |
$580,000 |
Northwest Sacramento River |
$299,000 |
Pit River |
$348,000 |
Tahoe |
$134,000 |
Total |
$7,296,900 |
ILF Program Service Areas Map

Eligibility Criteria
Eligible ILF Projects must be located in a designated priority Service Area and must provide demonstrable benefits to aquatic resources. ILF Projects may be stand-alone projects or may be an identifiable component of a larger restoration project.
In each case, the ILF Project must meet all applicable requirements set forth in the 2008 Compensatory Mitigation for Losses of Aquatic Resources Final Rule.
Eligible applicants include non-profit organizations, U.S. Federal government agencies, state government agencies, local government agencies, Indian tribal entities, educational institutions, and private businesses.
For more information please contact:
Chris Gurney
Wetland Program Director, Impact-Directed Environmental Accounts (IDEA)
National Fish and Wildlife Foundation
90 New Montgomery Street, Suite 1010
San Francisco, CA 94105
Direct: (415) 593-7627
Christopher.Gurney@nfwf.org