ELI Research on Compensatory Mitigation

Habitat Banking Study

ELI and Environmental Defense assessed the potential for habitat banking to contribute to the conservation of priority wildlife habitat identified in the state wildlife action plans in a 2008 research report, Design of U.S. Habitat Banking Systems to Support the Conservation of Wildlife Habitat and At-Risk Species. This project was supported by the Wildlife Habitat Policy Research Program, a results oriented program with the mission to develop and disseminate objective information and practical tools to accelerate the conservation of wildlife habitat in the United States.

Wetland Mitigation Success

A National Wetlands Newsletter article, Success of Wetland Mitigation Projects, provides a summary of ELI’s review of recent literature on the track record of compensatory mitigation projects in replacing lost aquatic resource functions and acres, as well as meeting administrative requirements.

Mitigation Costs Study

Every year, human activities cause significant harm to fish and wildlife habitat and the environment. Many of the impacts to these natural resources are never addressed. In certain cases, however, federal, state, and local laws and programs can require monetary or in-kind compensation for these impacts. In the report Mitigation of Impacts to Fish and Wildlife Habitat: Estimating Costs and Identifying Opportunities, ELI estimates that private and public expenditures for such compensation under key federal programs total up to $3.8 billion annually.

The report also highlights potential opportunities to use the fifty State Wildlife Action Plans to help direct these compensatory mitigation funds in a manner that could support state, regional, or local conservation objectives; and, in so doing, to help conserve fish and wildlife species and biodiversity nationwide and over the long term.

In-Lieu Fee Mitigation Study

ELI completed a comprehensive profile of the nation’s active aquatic resource in-lieu fee mitigation programs. The report, The Status and Character of In-Lieu Fee Mitigation in the United States, is the first to examine, in-depth, the status and administration of in-lieu fee mitigation in the nation, including detailed discussion of federal in-lieu fee policy and extensive analysis of how in-lieu programs implement such policies. The study is made possible by a generous grant from the U.S. Environmental Protection Agency.

2005 Compensatory Mitigation Report

ELI’s groundbreaking mitigation research continues with the completion of the 2005 Status Report on Compensatory Mitigation in the United States. The report, an update of the seminal 2001 Banks and Fees Study, is designed to determine the extent and nature of wetland mitigation banking and in-lieu fee mitigation activities in the nation. It examines all active wetland mitigation banks, in-lieu fee programs, and umbrella banking operations, as well as all inactive and pending programs, that are used to mitigate for impacts and violations under §404 of the Clean Water Act. The study was made possible by a generous grant from the Doris Duke Charitable Foundation.

• CLICK HERE to view a sample survey used to collect data from each Corps district on mitigation activities.
• CLICK HERE to view a sample letter used to verify data from each Corps district.
• CLICK HERE to access individual graphics of summary statistics from the report.

2001 Banks and Fees Study

ELI’s 2001 mitigation study, Banks and Fees, reports information collected in 2000-2001 and is designed to provide citizen groups, local, state, and federal agencies, the public, and the regulated community with the information they need to evaluate the ability of wetland mitigation banking and in-lieu-fee mitigation to achieve their regional wetland conservation and land use planning objectives. The study was made possible by generous grants from the David and Lucile Packard Foundation and the U.S. Environmental Protection Agency. Click here to view portions of the study, including background information, data, and summary findings.