Browse Arkansas Code titles and sections
15-22-1006. Resource values and credits for mitigation banks — Use and withdrawal of credits — Annual evaluation of system.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-1006. Resource values and credits for mitigation banks — Use and withdrawal of credits — Annual evaluation of system.
(a) For each mitigation bank, the Executive Director of the Arkansas Natural Resources Commission, in consultation with the Wetlands Technical Advisory Committee, shall establish a system of aquatic resources values and credits consistent with 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.
(b) The executive director may sell credits from any mitigation bank site prior to the establishment of aquatic resources functions if, upon review of the site plan, the executive director determines that the implementation of the plan will likely result in the established aquatic resources function on the site.
(c) The price for any credit shall be set at an amount that will compensate the state for all of the costs and expenses the state has incurred and is expected to incur in establishing and maintaining that portion of the mitigation bank.
(d) The executive director annually shall:
(1) Evaluate the aquatic resources functions and values created within each aquatic resources mitigation bank site; and
(2)(A) Compare the current aquatic resources functions and values with the aquatic resources functions and values that the executive director anticipated the mitigation bank would provide.
(B) If the executive director finds any significant disparity between the actual and anticipated aquatic resources functions and values, the executive director shall:
(i) Suspend the withdrawal of credits to that mitigation bank; or
(ii) Take prompt acti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-1006
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Stable record: arkansas_code:legal_authorities:15-22-1006
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 826e506c6d77e59d0a2baa9c88d4124d4f2d07d0aac54e884e01e423ac6832aa
Source location: content.xml paragraph 16478
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15-22-1006. Resource values and credits for mitigation banks — Use and withdrawal of credits — Annual evaluation of system.
(a) For each mitigation bank, the Executive Director of the Arkansas Natural Resources Commission, in consultation with the Wetlands Technical Advisory Committee, shall establish a system of aquatic resources values and credits consistent with 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.
(b) The executive director may sell credits from any mitigation bank site prior to the establishment of aquatic resources functions if, upon review of the site plan, the executive director determines that the implementation of the plan will likely result in the established aquatic resources function on the site.
(c) The price for any credit shall be set at an amount that will compensate the state for all of the costs and expenses the state has incurred and is expected to incur in establishing and maintaining that portion of the mitigation bank.
(d) The executive director annually shall:
(1) Evaluate the aquatic resources functions and values created within each aquatic resources mitigation bank site; and
(2)(A) Compare the current aquatic resources functions and values with the aquatic resources functions and values that the executive director anticipated the mitigation bank would provide.
(B) If the executive director finds any significant disparity between the actual and anticipated aquatic resources functions and values, the executive director shall:
(i) Suspend the withdrawal of credits to that mitigation bank; or
(ii) Take prompt action to assure that the anticipated aquatic resources functions and values are established.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discharge into navigable waters at specified disposal sites** The Secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection.
**(b) Specification for disposal sites** Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under [section 1343(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1343/c&num=0&edition=prelim), and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the economic impact of the site on navigation and anchorage.
**(c) Denial or restriction of use of defined areas as disposal sites** The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municip
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1344
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1344. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 571
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1344
the waters of the territorial seas, the contiguous
zone, and the oceans, which shall include:
(A) the effect of disposal of pollutants on
human health or welfare, including but not
limited to plankton, fish, shellfish, wildlife,
shorelines, and beaches;
(B) the effect of disposal of pollutants on
marine life including the transfer, concentra-
tion, and dispersal of pollutants or their by-
products through biological, physical, and
chemical processes; changes in marine eco-
system diversity, productivity, and stability;
and
species
and
community
population
changes;
(C) the effect of disposal, of pollutants on es-
thetic, recreation, and economic values;
(D) the persistence and permanence of the
effects of disposal of pollutants;
(E) the effect of the disposal of varying
rates, of particular volumes and concentra-
tions of pollutants;
(F) other possible locations and methods of
disposal or recycling of pollutants including
land-based alternatives; and
(G) the effect on alternate uses of the
oceans, such as mineral exploitation and sci-
entific study.
(2) In any event where insufficient information
exists on any proposed discharge to make a rea-
sonable judgment on any of the guidelines estab-
lished pursuant to this subsection no permit
shall be issued under section 1342 of this title.
(June 30, 1948, ch. 758, title IV, § 403, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 883.)
Statutory Notes and Related Subsidiaries
DISCHARGES FROM POINT SOURCES
IN UNITED STATES
VIRGIN ISLANDS ATTRIBUTABLE
TO MANUFACTURE
OF
RUM; EXEMPTION; CONDITIONS
Discharges from point sources in the United States
Virgin Islands in existence on Aug. 5, 1983, attributable
to the manufacture of rum not to
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1344
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1344. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of the department in which the Coast Guard is operating, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 401
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 45
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 401
Sec.
SUBCHAPTER IV—POTOMAC RIVER AND
TRIBUTARIES IN DISTRICT OF COLUMBIA
461 to 464. Repealed.
SUBCHAPTER V—NAVIGABLE WATERS OF
MARYLAND
465.
Authority to dredge; riparian rights of United
States.
SUBCHAPTER VI—WATER POLLUTION CONTROL
466 to 466g. Transferred.
466g–1.
Controversies involving construction or ap-
plication of interstate compacts and pollu-
tion of waters.
466h to 466n. Transferred or Repealed.
SUBCHAPTER VII—DAM INSPECTION PROGRAM
467.
Definitions.
467a.
Inspection of dams.
467b.
Investigation reports to Governors.
467c.
Determination of danger to human life and
property.
467d.
National inventory of dams and low-head
dams.
467e.
Interagency Committee on Dam Safety.
467f.
National dam safety program.
467f–1.
Lock and dam security.
467f–2.
Rehabilitation of high hazard potential dams.
467g.
Research.
467g–1.
Dam safety training.
467g–2.
Public awareness and outreach for dam safe-
ty.
467h.
Reports.
467i.
Statutory construction.
467j.
Authorization of appropriations.
467k to 467m. Repealed.
467n.
Recovery of dam modification costs required
for safety purposes.
467o.
Repealed.
SUBCHAPTER I—IN GENERAL
§ 400. Continuing authority programs
(1) Definition of continuing authority program
project
In this section, the term ‘‘continuing author-
ity program’’ means 1 of the following authori-
ties:
(A) Section 701s of this title.
(B) Section 426i of this title.
(C) Section 2330 of this title.
(D) Section 2309a of this title.
(E) Section 577 of this title.
(F) Section 426g of this title.
(G) Section 701r of this title.
(H) Section 103 of the River and Harbor Act
of 1962 (Public Law 87–874; 76 Stat. 1178).
(I) Section 2326(e) of this title.
(J) Secti
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 401. This identifies an authority to review, not proof of applicability.