During the past year, the National Environmental Banking Association (NEBA) became aware of some problematic language in the draft In-Lieu Fee Program Instrument Review Workbook which indicated that released in-lieu fee (ILF) credits were to be considered equivalent to mitigation bank credits under the mitigation hierarchy.
NEBA raised the concerns with the EPA Office of Water, and the Workbook language was amended to more accurately state the relationship between actual mitigation bank credits and released in-lieu fee credits under the mitigation hierarchy. However, NEBA continues to be concerned that the Workbook language does not adequately reflect the precedence of mitigation banking credits over released in-lieu fee credits under the 2008 Mitigation Rule.
This week, the Board of NEBA sent a letter to the Acting Chief of Regulatory for the U.S. Army Corps of Engineers in response to concerns that language within the workbook is not compliant with the 2008 Final Mitigation Rule or even more recently, U.S. Congressional support to the Rule.
"The discretion to establish equivalency between released ILF credits and mitigation credits clearly does not exist in the 2008 Compensatory Mitigation Rule and mitigation hierarchy without first meeting the strict criteria mandated in the Rule," writes John Paul Woodley, Chairman of NEBA.
Mitigation banking is often discussed in terms of credits—wetland credits, stream credits, or other units used to compensate for unavoidable environmental impacts. But the value of a mitigation bank extends far beyond the regulatory credit itself. Well-designed mitigation banks can provide a broad range of ecosystem services that benefit watersheds, wildlife, communities, and taxpayers.Cleaner Water •
Read MoreThe National Environmental Banking Association is proud to honor this year’s award recipients—leaders who exemplify innovation, integrity, and excellence in advancing mitigation banking and ecological restoration. These individuals and organizations are setting new standards for environmental outcomes, strengthening partnerships between the public and private sectors, and inspiring the next generation of restoration professionals.2026 Award WinnersAward for
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