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Public Notices and References

References

QMS Processes

These are internal process documents which will affect how permit applicants and their representatives will work with SPD subordinate districts. These documents are for “Information Only.” The controlled versions reside on the SPD QMS SharePoint Portal. Please verify that the version of any document is the current one prior to proceeding.

12501-SPD Standard Operating Procedure for Determination of Mitigation Ratios

12502-SPD Regulatory Program Emergency Procedures

12503-SPD Regulatory Administrative Appeal Process

12504-SPD Essential Fish Habitat Procedures

12505-SPD Uniform Performance Standards for Compensatory Mitigation Requirements

Rescinded QMS Processes
QMS 12510 - Please contact the appropriate District for questions regarding Approved Jurisdictional Determinations (AJDs) on Irrigated lands.

QMS 12509 – This QMS has been rescinded due to lack of conformance with the interim final NEPA implementing procedures for the Corps regulatory Program and Section 408 Program. Please contact the appropriate District for questions regarding preparing and coordinating an EIS.

Forms

Practitioners, the public, and our regulators now have easy access to the full suite of Regulatory ENG forms. Please click the link below for more details and access to the new webpage.

USACE Regulatory ENG Forms

Regional Guidelines and Standards

The following documents have been developed for use within all of South Pacific Division's (SPD) subordinate districts. They were developed to assure consistency within the Regulatory program across SPD and to aid the Regulated public in developing acceptable submittals.

Regional Compensatory Mitigation and Monitoring Guidelines

Regional Mapping Standards

Mitigation Banking Templates

Draft Prospectus Checklist (rev. 8/2025) (PDF)
Prospectus Checklist (rev. 8/2025) (PDF)
Draft BEI Checklist (8/2025) (PDF)
California Mitigation Bank Letter of Credit Template
California Mitigation Banking Proposal Guidance (rev. 5/2021) (PDF)
California Mitigation Bank Enabling Instrument Template (rev. 11/2024) (PDF)
Model Amendment for Advance Mitigation (rev 10/2023) (Word)
California Credit Sale and Transfer agreement (rev.5/2021) (Word)
California Credit Sale without Transfer Agreement (rev. 5/2021) (Word)
California Credit Transfer Agreement (rev. 5/2021) (Word)
Caltrans Std 213 Mitigation Agreement Template (rev. 9/2019) (PDF)
Caltrans Credit Sale Agreement (rev. 7/2022) (Word)
Caltrans Credit Transfer Agreement (rev. 7/2022) (Word)
California Long-term Management Plan Template (rev. 5/2008) (PDF)
California Conservation Easement Template (rev. 3/2017) (PDF)
Property Assessment and Warranty (rev. 05/2023) (Word)

March 2, 2017 Template Public Meeting Presentation

Agreements

2011 MOU concerning Mitigation and Conservation Banking and In-Lieu Fee Programs in California

Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

Public Notices published by the South Pacific Division (SPD) under the Regulatory Program are posted on this page. SPD public notices are primarily published to inform the public about new or proposed guidance, templates, procedures, and regional general permits, which are applicable to more than one of SPD's subordinate districts. Once a public notice is available on-line, notification of the SPD Public Notice is sent to individuals on the mailing lists of the appropriate districts by each of the affected districts .

Public Notices

Public Notice of CA Interagency Mitigation and Conservation Banking Draft Prospectus, Prospectus, and Draft Bank Enabling Instrument (BEI), Checklist Availability

USACE South Pacific Division

Published Aug. 7, 2025

PRINT | E-MAIL

On September 22, 2011, the U.S. Army Corps of Engineers’ (USACE) South Pacific Division's Sacramento, San Francisco, and Los Angeles Districts, along with the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW), the California Natural Resources Agency (CNRA), the National Marine Fisheries Service (NMFS), the United States Environmental Protection Agency (EPA), the State Water Resources Control Board (State Water Board), and the Natural Resources Conservation Service (NRCS), as potential participants in Interagency Review Teams (IRT) entered into the Memorandum of Understanding Concerning Mitigation and Conservation Banking and In-Lieu Fee Programs in California (MOU). In accordance with the MOU, the California Banking Agency Management Team (BAMT) has approved the attached Interagency Mitigation and Conservation Banking Draft Prospectus, Prospectus, and Draft Bank Enabling Instrument (BEI) Checklists for use in the development of mitigation and conservation banks within, or that propose service areas, within the State of California. The checklists replace April 2024, interagency checklists. The California Interagency Project Delivery Team (PDT), in coordination with the BAMT, developed these checklists, following the consideration of comments received in response to the January 13, 2025, public notice, subsequent public meetings, and input from the BAMT.

Bank sponsors submitting a new draft prospectus, prospectus, or draft BEI on or before September 1, 2025 may continue to rely on the April 2024, California Interagency Mitigation Banking and Conservation Banking checklists. Bank sponsors must use the August 2025, California Interagency Mitigation Banking and Conservation Banking checklists when submitting a new draft prospectus, prospectus, or draft BEI on or after September 1, 2025. This requirement does not apply to the submittal of revised BEIs addressing IRT comments, where the initial draft BEI was submitted prior to September 1, 2025. However, mitigation banks currently in process may, and are encouraged to, use the August 2025, draft BEI checklist, rather than earlier versions. The applicability of the August 2025, California Interagency Mitigation Banking and Conservation Banking checklists is outlined in the table below:

Applicability of August 2025, California Interagency Mitigation and Conservation Banking Draft Prospectus, Prospectus, and Draft BEI Checklists to Proposed and Approved Mitigation Banks
	Submittal of New Draft Prospectus, Prospectus or Draft BEI	Banks Already in Draft BEI Stage
On or Before September 1, 2025	May use the April 2024 or August 2025, checklists	Sponsor is not required to use the August 2025, checklists, but may choose to use the August 2025, checklists for revised BEI submittal
After September 1, 2025	Sponsors must use the August 2025, checklists	Sponsor is not required to use the August 2025, checklists, but may choose to use the August 2025, checklists for revised BEI submittal

The updated California Interagency Mitigation Banking and Conservation Banking checklists will be used jointly by the U.S. Army Corps of Engineers’ (USACE) South Pacific Division's Sacramento, San Francisco, and Los Angeles Districts, along with the USFWS, CDFW, CNRA, NMFS, EPA, State Water Board, and the NRCS, as potential participants in Interagency Review Teams (IRT). As always, we will continue to discuss the experiences of bank sponsors and others in using these checklists to inform potential future changes. This notice, as well as the original notice of the proposed updates, may be viewed at: http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx

The California Interagency Mitigation Banking and Conservation Banking checklists will be used in the development of mitigation banks, which provide mitigation for impacts from projects which have received authorizations to proceed under the authorities of Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters of the United States and/or Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. Additionally, this template will be used for mitigation banks that also propose to provide mitigation for projects which have been required to provide mitigation by USFWS, CDFW, NMFS, the State Water Board, and/or NRCS. These agencies have committed through the above-mentioned MOU to establishing a combined and coordinated approach to mitigation and conservation banking throughout the State of California. This template reflects existing regulations, policies, and guidance and represents the way in which USACE, USFWS, CDFW, CNRA, NMFS, EPA, State Water Board, and the NRCS intend to implement and provide a consistent approach to mitigation and conservation banking proposals.

Attachments: August 2025, Draft Prospectus checklist

August 2025, Prospectus Checklist

August 2025, Draft Bank Enabling Instrument Checklist