What is the Southeast Alaska
Mitigation Fund?
An In-Lieu Fee Program
Of Course!
Clean Water Act
(Compensation for
impacts to waters of
the U.S.)
• What is a water of the U.S.
Wetlands
Rivers and Streams
Tidal
• Impacts regulated by the
USACE
Generally over a tenth of
acre requires mitigation
Mitigation
If you impact a water of the U.S. you
have to make up for that
(In relation to the Clean Water Act)
Fill a 1 Acre Wetland
(Debits)
Restore, Enhance, Create, Preserve
(Credits)
Three Mitigation Methods
• Mitigation Bank
• In-Lieu Fee
• Permitee Responsible (can be difficult)
– USACE approved mitigation plan (12 required
components)
– Maintain in perpetuity (forever)
USACE 12 Fundamental Components: objectives; site selection criteria; site protection
instruments (e.g., conservation easements); baseline information (for impact and
compensation sites); credit determination methodology; a mitigation work plan; a
maintenance plan; ecological performance standards; monitoring requirements; a long-
term management plan; an adaptive management plan; and financial assurances
What is the Southeast Alaska
Mitigation Fund?
An In-Lieu Fee Program
Based on Restoration
Southeast Alaska
Mitigation Fund (SAMF)
March 21, 2012: Draft Prospectus
May 29, 2012; COE Approves Draft Prospectus
Sept 10, 2102: Prospectus
Feb 23, 2013: COE requests additional content
March 21, 2013: Meeting with COE and USFWS
April 10, 2013: Revised Prospectus
June 21, 2013: COE approves Prospectus
Sept. 2013: Final Instrument Submitted
Aug. 2014: Final Instrument Submitted
Nov. 2014: COE IRT review
Dec. 23, 2014: Additional changes requested
Feb. 2014: Meeting with IRT (Anchorage)
March 2015: Final Instrument resubmitted
Why?
• Community Desire to keep
mitigation funds in their
community
• No active restoration ILF
program in Southeast Alaska
• Provide developers the
opportunity for quality
restoration mitigation
SAMF
Freshwater and
Marine Credits
• Keep mitigation $$$ in
community
• Help reduce development costs
• Protect valued community
resources
• THE CATCH! can’t impact
mitigation sites
I was a research scientist for NOAA for 10 years prior to jumping into the restoration and mitigation world.
Thought I had a good idea about restoration.
First time I heard In-Lieu Fee program I just nodded my head and kept quiet hopping nobody would notice I had no idea what they were talking about.
So I want to start with a little background about mitigation and and In-Lieu Fee Programs.
I need to check the definition of water of the U.S.
I was a research scientist for NOAA for 10 years prior to jumping into the restoration and mitigation world.
Thought I had a good idea about restoration.
First time I heard In-Lieu Fee program I just nodded my head and kept quiet hopping nobody would notice I had no idea what they were talking about.
So I want to start with a little background about mitigation and and In-Lieu Fee Programs.