Arkansas Code
Subchapter 10 - Arkansas Wetlands Mitigation Bank Act
§ 15-22-1003. Definitions

As used in this subchapter:
(1) “Aquatic resources” means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961;
(2) “Commission” means the Arkansas Natural Resources Commission;
(3) “Credit” means a numerical value that represents the aquatic resources functions and value of a site;
(4) [Repealed.]
(5) “Mitigation bank” means a publicly owned and managed aquatic resources site created or restored in accordance with this subchapter to compensate for unavoidable adverse impacts due to activities that otherwise comply with the requirements of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251–1376, § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961, or other laws requiring mitigation;
(6) “Permit action” means activity under a specific dredge or fill permit requested or issued pursuant to § 404 of the Federal Water Pollution Control Act, 33 U.S.C. § 1344, or any other action requiring mitigation; and
(7) “Wetlands Technical Advisory Committee” means a committee made up of the directors or their designees of:
(A) The Arkansas State Game and Fish Commission;
(B) The Arkansas Department of Transportation;
(C) The Division of Arkansas Heritage;
(D) The Division of Environmental Quality; and
(E) Two (2) public members with expertise in aquatic resources ecology appointed by the Arkansas Natural Resources Commission.

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