California’s conservation and mitigation banking program is guided by Fish and Game Code Sections 1797 - 1799. The program descriptions, policies, publications, and the links provided below are an excellent source of information regarding banking.
If you are interested in establishing a conservation or mitigation bank, please read through these pages carefully, and then contact the CDFW Regional Banking Coordinator in the area of your bank. Banking Coordinators will be happy to help you with our conservation locations of interest, current procedures, specific instructions, and documents.
In a statewide multi-agency team effort, the Department entered into a multi-agency Memorandum of Understanding in 2011 (PDF) to guide how the state and federal agencies would work together to streamline processes and standardize bank document templates. The agencies represented in this template-development effort include: the California Natural Resources Agency, California Department of Fish and Wildlife, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, U.S. Department of Agriculture - Natural Resources Conservation Service, National Oceanic and Atmospheric Association - National Marine Fisheries Service and State Water Resources Control Board. Items below marked with an asterisk (*) are joint bank document templates.
Resources for Prospective Bank Sponsors
Draft Prospectus (Optional)
A Draft Prospectus is a brief, concept level proposal that is optional but recommended when a Bank Sponsor is contemplating a specific mitigation or conservation bank and can be especially helpful for those new to the mitigation/conservation banking process.
Prospectus
A Prospectus is a brief, detailed proposal for a specific bank. The Prospectus allows CDFW to determine if the bank proposal is adequate to support development of a full bank agreement package. The Prospectus allows early collaboration between CDFW and the Bank Sponsor to clarify the intent for the proposal and to identify potential benefits and issues.
Bank Agreement Package
The bank agreement package is the Bank Enabling Instrument (BEI), including all exhibits.
Bank Agreement Package Templates
2024 Bank Enabling Instrument (BEI) Template
Amendments
An Amendment to an approved bank means any change that requires revision of the bank documents and approval from CDFW and any other signatory agencies. Amendment also refers to the document that summarizes revisions to the bank document and receives approval from by CDFW and any other signatory agencies.
- Bank Amendment Process Flowchart (PDF)
- Bank Amendment Process Description (PDF)
- Model Amendment Template - 2023* (Word) The Sacramento, San Francisco, and Los Angeles Districts of the U.S. Army Corps of Engineers (USACE), along with the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW), the California Resources Agency, 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) have finalized the Model Amendment to Incorporate Advance Mitigation Language for Bank Enabling Instruments (BEIs) that utilized the 2008 or 2017 BEI template, for use with mitigation banks that are established within the State of California. Bank Sponsor will submit the amendment and a Complex Amendment Fee to CDFW.
Policies and Resources
CDFW Policies
CDFW Resources
External Resources