Mitigation through In-Lieu-Fee for Wetlands and
Streams in Kansas through The Watershed Institute
In-Lieu-Fee verses Mitigation Banks

In some Corps districts, GAO (2001) found that there is competition
between mitigation banks and in-lieu fee programs. Mitigation bank
sponsors contacted for that study expressed concern that their costs are
greater than in-lieu fee program costs, and said that they were at a
disadvantage with in-lieu fee programs. The mitigation bankers said that
they have higher costs, many times over $50,000 per acre, because they

are subject to different requirements than in-lieu-fee programs.  Another
factor in the higher cost of Mitigation Banks is that sometimes they are a
"FOR PROFIT" entity.

In its report, the GAO (2001) concluded that in-lieu fee programs have the

potential to provide environmentally beneficial compensatory mitigation,
as well as the flexibility for permittees to satisfy their compensatory
mitigation requirements.
Mitigation Options in the State of Kansas

There is a general hierarchy of mitigation options through the U.S. Army
Corps of Engineers to effect the "no net loss of wetlands and streams".  
On-site mitigation is
now the last choice and often not feasible or
desirable given the various requirements as well as continuing liability.  
According to the
USACE REGULATORY GUIDANCE LETTER No. 01-
1 Dated 31 October 2001, at a minimum, the components listed below
should be considered and included in the mitigation plan and/or special
permit conditions:

    1. Baseline Information;
    2. Goals of the Mitigation;
    3. Mitigation Work Plan;
    4. Success Criteria;
    5. Monitoring Plan;
    6. Contingency Plan;
    7. Site Protection;
    8. Financial Assurances;
    9. Responsible party for long-term maintenance

TWI is a unique mitigation option in that in cooperation with its sister
corporate Watershed Land Trust, In-Lieu-Fee agreement, technical
support and legal support it often times is the superior choice of
mitigation options and
can assume and extinguish the applicant's
mitigation liability in less than 48 hours
thus clearing the path for
issuance of the requested permit.