Section 9: Fee in Lieu of Mitigation

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Administrative Procedures for Payments for Fee in Lieu Agreements

The following steps will be taken, when appropriate, to process payment for a Fee in Lieu (ILF) agreement when right of way funds the ILF:

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  • ROW CSJ: If there is no ROW CSJ already available for the project, the ROW PD project manager will coordinate with the ROW Program Office to obtain one. The final ILF payment will be charged to this CSJ.
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  • Invoice from Third Party: Once an agreement is ready for execution, request an invoice from the third party (the actual manager of the mitigation bank, preserve, fund manager, etc.) for the agreed amount.
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  • Payment Memo and Required Enclosures: Upon receipt of the invoice, ROW PD or the ROW Program Office will prepare a memo to the ROW Program Office to fund the fee. The district TPD Director, division project manager, or appropriate ROW PD or ROW Program Office finance officer will sign the memo. Form ROW-A-15 Payment Request will be prepared as an enclosure to the memo for agreements to be paid with ROW funds. The fee should be charged to comptroller object 7348, expenditure object 366 with function code 400 in Segment 76, mapped to Strategy 102, Right of Way Acquisition. A copy of the final ILF agreement, the permit, or other document (i.e., USFWS Biological Opinion) requiring the ILF agreement, the invoice, and a copy of the approved cost analysis mentioned in Attachment 1 will also be enclosed. The memo should clearly identify the date by which payment is due, and should be sent to the ROW Program Office. Copies without enclosures will be sent to appropriate other parties. Designated district offices and Environmental Division will always receive copies.
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