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Federal, state and local agencies have complementary responsibilities in wetland management. At the federal level, the U.S. Army Corps of Engineers (Corps), U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (FWS), Natural Resources Conservation Service (NRCS), U.S. Geological Survey-Biological Resources Division (USGS-BRD), U.S. Forest Service (USFS) and Farm Service Agency (FSA) all play important roles. In Arkansas, no fewer than seven state agencies have direct responsibilities for water resources, while none has discreet wetland authority. There is no state natural resource planning office and no state natural resources plan. Agencies are traditional, client-captured organizations with separate commissions, some of which are constitutionally independent. Development of comprehensive water code legislation, begun in the 1980s, continues to define agency water authorities. Generally, water quantity is the responsibility of the Arkansas Natural Resources Commission (ANRC), and water quality that of the Arkansas Department Environmental Quality (ADEQ). Arkansas Natural Heritage Commission (ANHC) may protect unique and rare wetland types. Arkansas Game and Fish Commission (AGFC) may monitor wetland-dependant wildlife habitat. Arkansas Forestry Commission (AFC) manages forested wetlands subject to timber harvest. Rural landowners are direct clients of all the natural resources agencies. Except for reservoir or water supply development, there is little history of regional land use planning. However, strong partnerships with federal agencies and interagency cooperation and information exchange results in more coordination than indicated by the traditional organizational structure.
Wetland program activities in Arkansas can be grouped into six major categories. A brief overview of each category follows.
1. Data Collection, Analysis and Planning
At the federal level of government, the FWS has responsibility for updating wetland status and trends every ten years. The NRCS makes wetland delineations on agriculture lands for purposes of the swampbuster program and reports on the status of agricultural wetlands every five years. The Corps tracks activity in Arkansas wetlands, can conduct non-agricultural delineations, and monitors water quality and ecological conditions at federal reservoirs and along the Arkansas River Navigation Project. The EPA supports wetland conservation planning through State Wetland Program grants, and Watershed Protection Approach grants to Arkansas agencies. The USGS conducts water quality assessment and collects hydrologic data.
At the state level, the ADEQ collects water data for surface water monitoring, groundwater assessment, and water pollution control programs. The ANRC monitors streamflow and groundwater levels to fulfill obligations of the State Water Plan and is responsible for the non-point source and floodplain management programs. The ANHC inventories unique plants, animals and habitats, including wetlands. Arkansas Department of Parks and Tourism (ADPT) includes wetland policy/options in the State Comprehensive Outdoor Recreation Plan. MAWPT agencies are cooperating to develop and implement the Arkansas Wetland Conservation Plan.
2. Research
At the federal level, the USGS-BRD, USFS, and Corps are conducting cooperative research in southern forested wetlands with the Cache River as one of three primary sites. The EPA and the FWS are also federal research cooperators and sponsors. The Corps conducts wetland research on an ongoing basis, and is currently leading development of the Hydrogeomorphic Wetland Functional Assessment method. Wetland research in the state is being conducted by several state universities, generally with federal grant assistance and frequently in connection with water projects or GIS development. In the University of Arkansas system, the Arkansas Water Resources Center, the Center for Advanced Spatial Technology, the Fish and Wildlife Cooperative Research Unit, and the Forest Resources Center are all contributing to wetland knowledge.
3. Wetland Acquisition, Restoration and Management
National wildlife refuges (FWS), federal reservoir lands, mitigation lands, and navigation project lands (Corps) are important segments of Arkansas' protected wetlands. State wildlife management areas and lakes (AGFC) contribute another major component of the public wetland base. State Parks (ADPT) and Natural Areas (ANHC) protect additional unique wetlands. ANHC also has a wetland conservation easement program. National Forests (USFS) protect many small and isolated headwater and riverine wetlands. Through the Wetland Reserve Program, easements on nearly 93,000 acres have been acquired by the NRCS for wetland restoration. Acquisition of flood-prone lands by Federal Emergency Management Agency (FEMA) has potential for protection of additional wetlands. Partnerships with private organizations like Ducks Unlimited (DU) and The Nature Conservancy (TNC) have been critical to wetland protection efforts, especially in the last decade when state wetland acquisition funds have been very limited. Arkansas Highway and Transportation Department (AHTD) plans transportation projects to avoid wetland impacts, but buys and restores wetlands to mitigate unavoidable impacts of road and bridge construction. ANRC administers the state wetland mitigation bank program under a memorandum of agreement with the Corps.
4. Assistance to Private Landowners
Some of the best examples of Arkansas wetlands are in private ownership. Many of these reflect stewardship decisions made decades ago when wetland clearing and drainage was unregulated, no conservation incentive programs were available, and wetlands were not generally thought to be valuable ecological resources. Continuing losses on marginal cropland subject to annual flooding, and increasing awareness of public and landowner benefits from wetlands has accelerated participation in landowner assistance and incentive programs. Federal technical and financial assistance is provided primarily by USDA agencies. NRCS and FSA are the lead federal agencies for several targeted soil and water conservation and community resource protection programs. With funding from the USFS, they also cooperate with the AFC to deliver forestry stewardship and incentive programs. FWS offers technical and financial assistance for restoration and management of wetlands through the Partners for Wildlife program. EPA provides non-point source program grants to ANRC for research, technical assistance and voluntary Best Management Practices (BMP) implementation in targeted watersheds. ANRC also administers the Wetland and Riparian Zone Tax Incentive. In addition to assisting with delivery of the federal programs, several state agencies have landowner programs that compliment federal wetland programs and may offer additional financial incentive. An example of such is the Arkansas Partners Project, which offers program advice and management plan assistance for landowners who want to improve waterfowl habitat. In 2001 the Arkansas Multi-Agency Wetland Planning Team compiled and published a Landowner's Guide to Voluntary Wetland Programs in Arkansas, which can be accessed below. While the information hasn't been updated since the new Farm Bill took effect, much of it still applies.  Landowner's Guide to Voluntary Wetland Programs in Arkansas
5. Regulation
Corps' regulatory authority is based on two federal laws: Section 10 of the Rivers and Harbors Act of 1899, and Section 404 of the Clean Water Act. Typical Section 10 permit activities involve any work affecting a navigable water body. Section 404 permit activities typically involve the discharge of dredged or fill material in "waters of the United States." Such discharges include, but are not limited to, boat docks, ramps, pipelines, roads, bridges, gravel mining, channelization, mechanical land clearing, excavation, filling, drainage ditches, land-leveling, and large-scale development.
The only wetland regulatory authority at the state level is through Section 401 water quality certification permits issued by ADEQ, with oversight by the EPA. However, the State Technical Review Committee (TRC) coordinates and reports agency comments on proposed 404 permits.
6. Public Information and Education
Arkansas agencies cooperate with federal agencies on information transfer and delivery of Farm Bill conservation programs. Wetlands are identified in the information materials of several agencies as key habitats and biodiversity components. The classification section of this website provides detailed information on the diversity of the wetlands of Arkansas. The Arkansas MAWPT has developed a Wetlands of Arkansas Display that can be used at state fairs and similar public outreach and education venues.
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