TO: LOCAL AGENCIES THAT PARTICIPATE IN THE ASSEMBLY BILL 360 PROGRAM

This letter is to provide assistance to AB 360 program applicants in meeting the environmental conservation and habitat improvement mandates starting in Fiscal Year 1997-98. Information contained in this letter supplements the program guidance letter of May 5, 1998 that specified habitat improvement components required for Department of Fish and Game approval of applications.

On July 21, 1998, DFG and DWR Delta Levees Program staff arrived at a common understanding on how participating agencies can comply with the net habitat improvement and aquatic benefit mandates under AB 360. Participating local agencies will have the first opportunity to develop habitat improvement projects. If they are unable, then consistent with the Interagency Memorandum of Understanding, agencies may request in writing participation in DWR and DFG sponsored programmatic "habitat improvement" projects. However, for all program reimbursements, local agencies will be required to:

(1) provide the necessary project information including "no net long-term loss" documentation (discussed later), (2) identify potential aquatic habitat improvement sites, and (3) prepare or assist in the completion of the levee habitat assessments to be updated annually. This information will constitute each agency’s submittal of the required interim Habitat Improvement Component.

With your local agency’s assistance, DWR and DFG program staff will meet the final habitat improvement mandates. Progress towards habitat improvement will be monitored through annual levee habitat assessments for each participating agency and programmatic habitat development projects. DWR and DFG are continuing proactive development of habitat under the Special Projects program to meet the AB 360 environmental mandates. Your assistance in identifying potential aquatic habitat improvement sites on local agency land will help keep the program running efficiently. Programmatic enhancements are presently being proposed and/or developed at the following locations:

• Decker Island
• Sherman Island
• Tyler Island
• Franks Tract
• Prospect Island
• Lower Sacramento River
• Canal Ranch
• Kimball Island
• Medford Island
• Staten Island

In order to receive reimbursement, local agencies must be currently in compliance with the original SB 34 program mandate of "no net long-term loss of riparian, fisheries or wildlife habitat." Consistent with Addendum G, local agencies shall provide DFG with specific information relating to all proposed and completed work so that DFG can determine whether habitat losses will or have occurred. Such information shall be provided in the attached outline format, including forms, to ensure consistency and completeness of submittals. Local agencies that are thorough and timely in the submittal of required levee and habitat information will receive the highest priority for reimbursement processing.

Finally, we sincerely hope this letter and its enclosures will clearly identify the Districts’ responsibilities in disclosing potential habitat impacts, mitigation actions, and habitat enhancements. We welcome any comments, questions, or concerns that you have about the implementation of the Program’s habitat requirements. I   (Curt Schmutte) can be reached at (916) 651-7016, or you may call Dave Lawson at (916) 651-7011 or Bob Orcutt of the Department of Fish and Game at (916) 358-2924.