The National Environmental Banking Association (NEBA) recently provided comment to the U.S. Environmental Protection Agency regarding the current draft In-Lieu Fee Instrument Review Workbook presented at a recent conference. While NEBA wholly supports the need for such guidance, the draft workbook states that released in-lieu fee credits (i.e., credits generated by a project completed by an in-lieu fee program in excess of debited advance credits) are equivalent to mitigation credits under the 2008 Mitigation Rule (33 C.F.R. 332.3(b)(2).
NEBA has told the agency that we believe this characterization seriously misstates the plain language of the Rule and that such a questionable policy would represent potential adverse consequences to the mitigation banking industry and the Corps of Engineers’ regulatory program.
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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