Ark. Code Ann. § 15-58-501 — AR Code / Title 15 / Chapter 58 / Subchapter 5 / Section 15-58-501
Designation of land as unsuitable
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall issue rules that adopt appropriate procedures for identifying and designating land in this state as unsuitable for all or certain types of surface mining, which rules shall: (1) Prevent surface coal mining operations on those lands upon which surface coal mining operations are prohibited by the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; (2) Adopt a procedure for development of a database and inventory system which will permit proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining operations and which includes methods for integrating and implementing federal, state, and local land use planning decisions; (3) Integrate into the procedure as closely as possible present and future land use planning and regulation processes at the federal, state, and local levels; and (4) Provide that any person having an interest which is or may be adversely affected may petition the commission to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have a designation terminated. Within ten (10) months after the filing of the petition, the commission shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208 . (b) Prior to designating any land areas as unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on: (1) The potential coal resources of the area; (2) The demand for coal resources; and (3) The impact of the designation on the environment, the economy, and the supply of coal. (c) (1) Upon petition pursuant to subsection (a) of this section, the commission shall designate an area as unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation pursuant to the requirements of this chapter is not technologically and economically feasible. (2) Upon petition pursuant to subsection (a) of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if the operations will: (A) Be incompatible with existing state or local land use plans or programs; (B) Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems; (C) Affect renewable resource lands in which operations could result in a substantial loss or reduction of long range productivity of water supply or of food or fiber products, and the lands include aquifers and aquifer recharge areas; or (D) Affect natural hazard lands in which operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. Amended by Act 2019, No. 315,§ 1210, eff. 7/24/2019. Acts 1979, No. 134, § 26; 1979, No. 647, § 9; A.S.A. 1947, § 52-960.

(a) The Arkansas Pollution Control and Ecology Commission shall issue rules that adopt appropriate procedures for identifying and designating land in this state as unsuitable for all or certain types of surface mining, which rules shall: (1) Prevent surface coal mining operations on those lands upon which surface coal mining operations are prohibited by the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; (2) Adopt a procedure for development of a database and inventory system which will permit proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining operations and which includes methods for integrating and implementing federal, state, and local land use planning decisions; (3) Integrate into the procedure as closely as possible present and future land use planning and regulation processes at the federal, state, and local levels; and (4) Provide that any person having an interest which is or may be adversely affected may petition the commission to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have a designation terminated. Within ten (10) months after the filing of the petition, the commission shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208 .

(1) Prevent surface coal mining operations on those lands upon which surface coal mining operations are prohibited by the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87;

(2) Adopt a procedure for development of a database and inventory system which will permit proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining operations and which includes methods for integrating and implementing federal, state, and local land use planning decisions;

(3) Integrate into the procedure as closely as possible present and future land use planning and regulation processes at the federal, state, and local levels; and

(4) Provide that any person having an interest which is or may be adversely affected may petition the commission to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have a designation terminated. Within ten (10) months after the filing of the petition, the commission shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208 .

(b) Prior to designating any land areas as unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on: (1) The potential coal resources of the area; (2) The demand for coal resources; and (3) The impact of the designation on the environment, the economy, and the supply of coal.

(1) The potential coal resources of the area;

(2) The demand for coal resources; and

(3) The impact of the designation on the environment, the economy, and the supply of coal.

(c) (1) Upon petition pursuant to subsection (a) of this section, the commission shall designate an area as unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation pursuant to the requirements of this chapter is not technologically and economically feasible. (2) Upon petition pursuant to subsection (a) of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if the operations will: (A) Be incompatible with existing state or local land use plans or programs; (B) Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems; (C) Affect renewable resource lands in which operations could result in a substantial loss or reduction of long range productivity of water supply or of food or fiber products, and the lands include aquifers and aquifer recharge areas; or (D) Affect natural hazard lands in which operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

(1) Upon petition pursuant to subsection (a) of this section, the commission shall designate an area as unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation pursuant to the requirements of this chapter is not technologically and economically feasible.

(2) Upon petition pursuant to subsection (a) of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if the operations will: (A) Be incompatible with existing state or local land use plans or programs; (B) Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems; (C) Affect renewable resource lands in which operations could result in a substantial loss or reduction of long range productivity of water supply or of food or fiber products, and the lands include aquifers and aquifer recharge areas; or (D) Affect natural hazard lands in which operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

(A) Be incompatible with existing state or local land use plans or programs;

(B) Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems;

(C) Affect renewable resource lands in which operations could result in a substantial loss or reduction of long range productivity of water supply or of food or fiber products, and the lands include aquifers and aquifer recharge areas; or

(D) Affect natural hazard lands in which operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

Amended by Act 2019, No. 315,§ 1210, eff. 7/24/2019.

Acts 1979, No. 134, § 26; 1979, No. 647, § 9; A.S.A. 1947, § 52-960.
Ark. Code Ann. § 15-57-402 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-402
Definitions
Status: in_force

As used in this subchapter: (1) "Active" means a quarry wall where extraction is occurring or is planned to occur; (2) "Affected land" means the area of land to the nearest acre, where the quarrying of stone, industrial activity, and the stockpiling of topsoil and spoil occur; (3) "Citation" means a written warning of a violation that may be accompanied by a fine when given two (2) times for the same violation; (4) "Commission" means the Arkansas Pollution Control and Ecology Commission, or such commission or other entity as may lawfully succeed to the powers and duties of the commission; (5) "Default" means an operation that has uncorrected violations of the requirements of this subchapter which allows the Division of Environmental Quality to forfeit the bond to have the site reclaimed as per the reclamation plan; (6) [Repealed.] (7) [Repealed.] (8) "Exhausted quarry" means a quarry where the stone is depleted; (9) "Fee" means the notification or annual operating payment made by the operator to the division. The amount cannot be changed except by legislative action. This fee will be payable on or before July 1 for all operating quarries in the current calendar year; (10) "Final floor" means the bottom surface created in a quarry; (11) "Final wall" means the last wall created in a quarry; (12) "Fine" means a penalty for noncompliance which may accompany a second citation, except as provided in other sections of this subchapter for specific violations. Fines are not retroactive, and the amounts cannot be changed except by legislative action; (13) "Inactive status" means the period of time a quarry is inactive or temporarily shutdown; (14) "Notification in process" means that a notification of intent is on file and incomplete; (15) "Notification of intent" is the operator's proper notification to the division of the operator's intent to open a quarry, to temporarily close a quarry, to reactivate a quarry, and to shut down an exhausted quarry; (16) "Operator" means any person engaged in or controlling a quarrying operation; (17) "Quarry" means an excavation or pit from which stone is removed; (18) "Quarry rim" means the top surface of the quarry behind the wall from which has been removed the topsoil and spoil; (19) "Reclamation plan" is a plan presented to the division by an operator detailing the reclamation and revegetation of lands affected by quarrying both contemporaneously and after the quarry is exhausted, and required by this subchapter; (20) "Spoil" means the unconsolidated boulders, soil and other naturally occurring materials which lie above a deposit of quarriable stone, which must be excavated from above a deposit so that extraction can begin; (21) "Start-up" means the date an operator begins site preparation for quarrying; and (22) "Topsoil" means the top strata of soil normally associated with the growth of vegetation. It is generally free of boulders, cobbles, or other floating rock and exhibits the growing properties normally associated with, at a minimum, the pasturing of cattle. Amended by Act 2019, No. 910,§ 3116, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3115, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3114, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3113, eff. 7/1/2019. Acts 1997, No. 1166, § 2; 1999, No. 1164, § 141.

As used in this subchapter:

(1) "Active" means a quarry wall where extraction is occurring or is planned to occur;

(2) "Affected land" means the area of land to the nearest acre, where the quarrying of stone, industrial activity, and the stockpiling of topsoil and spoil occur;

(3) "Citation" means a written warning of a violation that may be accompanied by a fine when given two (2) times for the same violation;

(4) "Commission" means the Arkansas Pollution Control and Ecology Commission, or such commission or other entity as may lawfully succeed to the powers and duties of the commission;

(5) "Default" means an operation that has uncorrected violations of the requirements of this subchapter which allows the Division of Environmental Quality to forfeit the bond to have the site reclaimed as per the reclamation plan;

(6) [Repealed.]

(7) [Repealed.]

(8) "Exhausted quarry" means a quarry where the stone is depleted;

(9) "Fee" means the notification or annual operating payment made by the operator to the division. The amount cannot be changed except by legislative action. This fee will be payable on or before July 1 for all operating quarries in the current calendar year;

(10) "Final floor" means the bottom surface created in a quarry;

(11) "Final wall" means the last wall created in a quarry;

(12) "Fine" means a penalty for noncompliance which may accompany a second citation, except as provided in other sections of this subchapter for specific violations. Fines are not retroactive, and the amounts cannot be changed except by legislative action;

(13) "Inactive status" means the period of time a quarry is inactive or temporarily shutdown;

(14) "Notification in process" means that a notification of intent is on file and incomplete;

(15) "Notification of intent" is the operator's proper notification to the division of the operator's intent to open a quarry, to temporarily close a quarry, to reactivate a quarry, and to shut down an exhausted quarry;

(16) "Operator" means any person engaged in or controlling a quarrying operation;

(17) "Quarry" means an excavation or pit from which stone is removed;

(18) "Quarry rim" means the top surface of the quarry behind the wall from which has been removed the topsoil and spoil;

(19) "Reclamation plan" is a plan presented to the division by an operator detailing the reclamation and revegetation of lands affected by quarrying both contemporaneously and after the quarry is exhausted, and required by this subchapter;

(20) "Spoil" means the unconsolidated boulders, soil and other naturally occurring materials which lie above a deposit of quarriable stone, which must be excavated from above a deposit so that extraction can begin;

(21) "Start-up" means the date an operator begins site preparation for quarrying; and

(22) "Topsoil" means the top strata of soil normally associated with the growth of vegetation. It is generally free of boulders, cobbles, or other floating rock and exhibits the growing properties normally associated with, at a minimum, the pasturing of cattle.

Amended by Act 2019, No. 910,§ 3116, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3115, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3114, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3113, eff. 7/1/2019.

Acts 1997, No. 1166, § 2; 1999, No. 1164, § 141.
Ark. Code Ann. § 15-11-303 — AR Code / Title 15 / Chapter 11 / Subchapter 3 / Section 15-11-303
Commission duties
Status: in_force

In furtherance of the purposes of this subchapter, the State Parks, Recreation, and Travel Commission shall: (1) Encourage the assistance and cooperation of public agencies and private businesses throughout the state in promoting the tourist industry; (2) Have the authority to accept gifts, grants, and donations of property, both real and personal, to be used in furtherance of the purposes of this subchapter; (3) Reject for display at any tourist information bureau any brochure, pamphlet, or other literature which is misleading or contains false representations; and (4) Make reasonable rules and perform such other duties as may be in furtherance of the purposes of this subchapter. Amended by Act 2019, No. 315,§ 1101, eff. 7/24/2019. Acts 1965, No. 515, § 3; A.S.A. 1947, § 9-212.

In furtherance of the purposes of this subchapter, the State Parks, Recreation, and Travel Commission shall:

(1) Encourage the assistance and cooperation of public agencies and private businesses throughout the state in promoting the tourist industry;

(2) Have the authority to accept gifts, grants, and donations of property, both real and personal, to be used in furtherance of the purposes of this subchapter;

(3) Reject for display at any tourist information bureau any brochure, pamphlet, or other literature which is misleading or contains false representations; and

(4) Make reasonable rules and perform such other duties as may be in furtherance of the purposes of this subchapter.

Amended by Act 2019, No. 315,§ 1101, eff. 7/24/2019.

Acts 1965, No. 515, § 3; A.S.A. 1947, § 9-212.
Ark. Code Ann. § 15-5-103 — AR Code / Title 15 / Chapter 5 / Subchapter 1 / Section 15-5-103
Definitions
Status: in_force

As used in this subchapter, §§ 15-5-201 - 15-5-211 , 15-5-213 , 15-5-301 - 15-5-316 , the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq., and the Arkansas Development Finance Authority Small Business Act of 1989, § 15-5-701 et seq.: (1) "Aggregate security value of the contract" means the amount determined by the party identified in and in the manner identified in an interest rate exchange agreement or similar agreement or contract that a proposed assignee would pay in United States currency to the Arkansas Development Finance Authority to assume the obligations of the authority under the interest rate exchange agreement or similar agreement or contract; (2) "Agricultural business enterprises" means facilities and operations supporting farms, ranches, and other agricultural or silvicultural commodity producers, such as aquaculture, fish hatchery operations and fish farms, and related businesses and industries, including, but not limited to, grain elevators, shipping heads, livestock pens, warehouses and other storage facilities, related transportation facilities, drainage facilities, and any related facilities and operations thereto; (3) "Authority" means the Arkansas Development Finance Authority created by § 15-5-201 ; (4) "Board of directors" means the Board of Directors of the Arkansas Development Finance Authority created in § 15-5-202 ; (5) "Bonds" means any bonds, notes, debentures, interim certificates, grant and revenue anticipation notes, commercial paper or other notes with maturities of one (1) year or less, interest in a lease, and lease certificates of participation or other evidences of indebtedness, whether or not the interest on them is subject to federal income taxation, issued by the authority; (6) "Capital improvements" means, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto; (B) Land or rights in land, including without limitation leases, air rights, easements, rights-of-way, or licenses; and (C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include without limiting the generality of the foregoing definition the following: (i) Any and all facilities for state agencies, city or town halls, courthouses, and other administrative, executive, or public offices; (ii) Court facilities; (iii) Jails; (iv) Firefighting facilities and apparatus; (v) Parking garages or other facilities; (vi) Educational and training facilities for public employees; (vii) Auditoriums, stadiums, convention halls, and similar public meeting or entertainment facilities; (viii) Civil defense facilities; (ix) Air and water pollution control facilities; (x) Drainage and flood control facilities; (xi) Storm sewers; (xii) Arts and crafts centers; (xiii) Museums; (xiv) Libraries; (xv) Public parks, playgrounds, or other public open space; (xvi) Marinas; (xvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (xviii) Tourist information and assistance centers; (xix) Historical, cultural, natural, or folklore sites; (xx) Fair and exhibition facilities; (xxi) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts; (xxii) Airports, passenger or freight terminals, hangars, and related facilities; (xxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (xxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigation facilities; (xxv) Public transportation facilities; (xxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (xxvii) Sewage collection systems and treatment plants; (xxviii) Maintenance and storage buildings and facilities; (xxix) Police and sheriffs' stations, apparatus, and training facilities; (xxx) Incinerators; (xxxi) Garbage and solid waste disposal and compacting and recycling facilities of every kind; and (xxxii) Social and rehabilitative facilities; (7) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as the authority shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of and authority set forth in this subchapter; (8) "Counterparty" means the party entering into the interest rate exchange agreement or similar agreement or contract with the authority; (9) "Educational facilities" means real, personal, and mixed property of any and every kind intended by an educational institution in furtherance of its educational program, including, but not limited to, dormitories, classrooms, laboratories, athletic fields, administrative buildings, equipment, and other property for use therein or thereon; (10) "Energy efficiency project" means the same as defined under the State Entity Energy Efficiency Project Bond Act, § 15-5-1801 et seq.; (11) "Facilities" means any real property, personal property, or mixed property of every kind, including, without limiting the generality of the foregoing, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind or any preliminary studies and surveys relative thereto; (12) "Healthcare facilities" means facilities for furnishing physical or mental health care, including, without limitation: (A) Hospitals, other facilities for the diagnosis and treatment of any illness or disease, offices and clinics of doctors of medicine, dentists, optometrists, podiatrists, chiropractors, and related facilities, and nursing homes and related facilities; (B) Long-term care or life-care facilities for the elderly or disabled, including facilities used to furnish emergency medical health care and emergency medical services, including, but not limited to, ambulances or vehicles specifically designed, equipped, and licensed for transporting the sick or injured; (C) Laboratories and other facilities for conducting healthcare-related research, including buildings and other facilities to support and sustain these activities; (D) Equipment of every nature and kind related to health care, whether for diagnostic purposes, medical treatment, or research; (E) Emergency medical equipment and supplies; (F) Dispatching or other communication systems; (G) Computers for billing, collections, and system design and control; (H) Training and administrative facilities; and (I) Healthcare project costs as defined in subdivision (13) of this section; (13) (A) (i) "Healthcare project costs" specifically includes the refinancing of any existing debt of a healthcare facility necessary in order to permit the healthcare facility to borrow from the authority and give adequate security for the healthcare facility loan. (ii) The determination of the authority with respect to the necessity of refinancing and adequate security for a healthcare facility loan is conclusive. (B) (i) "Healthcare project costs" also includes the financing of working capital. (ii) However, any healthcare facility loan to a healthcare facility located outside the state to finance working capital shall be made only if necessary to a program of working capital financing, including a healthcare facility loan to a healthcare facility located within the state. (C) The determination of the authority with respect to the necessity of these healthcare facility loans to healthcare facilities located outside the state is conclusive. (D) Pooled or Consolidated Financings of a Number of Loans for Healthcare Facilities. (i) The authority may make loans for healthcare facilities located outside the state, provided: (a) Loans under the same pooled or consolidated financing program are made under similar terms to healthcare facilities located within the state; and (b) The authority's fees or charges, after deducting all appropriate expenses for providing the aggregated or pooled financings of healthcare facilities, are primarily dedicated to furthering the delivery of health care within the state. (ii) The determination of the authority with respect to the necessity and appropriateness of the healthcare facility loans to healthcare facilities located either within or outside the state is conclusive. (iii) The General Assembly declares that the authority acting as authorized under this section in making healthcare loans under the terms hereof is within the legislative findings and declaration of public necessity as set forth in § 15-5-102(b)(7) . (iv) Bonds issued by the authority under this subdivision (13)(D) shall not be exempt from taxes of the State of Arkansas; (14) (A) "Housing development" means any work or undertaking, whether new construction or rehabilitation, that is designed and financed pursuant to the provisions of this subchapter for the primary purpose of providing sanitary, decent, and safe dwelling accommodations for elderly persons and families of low or moderate income in need of housing. (B) Such an undertaking may include any buildings, land, equipment, facilities, or other real or personal properties that are necessary, convenient, or desirable appurtenances, such as, but not limited to, site preparation, landscaping, and other nonhousing facilities such as community and recreational facilities as the authority determines to be necessary, convenient, or desirable appurtenances, retirement homes, centers, and related facilities, nursing homes and related facilities, and long-term care or life-care facilities for the elderly or disabled; (15) (A) "Industrial enterprise" means, but is not limited to, facilities and operations for manufacturing, producing, processing, assembling, repairing, extracting, warehousing, distributing, communications, computer services, the production of motion pictures and like products, technology-based enterprises, tourism enterprises, transportation, corporate and management offices, and services provided in connection with any of the foregoing, in isolation or in any combination, that involve the creation of new or additional employment or the retention of existing employment, and industrial parks. (B) However, a shopping center, retail store or shop, or other similar undertaking that is solely or predominantly of a commercial retail nature shall not be an industrial enterprise for the purposes of this subchapter; (16) "Interest rate exchange agreement or similar agreement or contract" means a written contract entered into by the authority with one (1) or more counterparties that: (A) Is related to the issuance of bonds by the authority or to bonds previously issued by the authority that are outstanding on the date of execution of the contract; (B) Provides for an exchange of payments, denominated in United States currency, that is based upon fixed or variable interest rates; and (C) Includes contracts and options related to any exchange of payments as determined by the authority under its rulemaking authority under § 15-5-317 ; (17) "Loans" means loans made for the purposes of financing any of the activities authorized within this subchapter, including: (A) Working capital and the acquisition of accounts, as "account" is defined in § 4-9-102 , to finance working capital; (B) Loans made to financial institutions for the purpose of funding or as security for loans made for the purpose of accomplishing any of the purposes of this subdivision (17); (C) Loans made to nonprofit corporations and affiliated organizations for the purpose of such entities' providing funds and loans for healthcare project costs as defined in this section; and (D) Reserves and expenses appropriate or incidental to all such loans described in this subdivision (17); (18) "Operations" means any and all matters deemed necessary or desirable to the promotion of agricultural business and industrial enterprises, including, but not limited to, the provision of labor and services of any nature and all transactions pertaining to receivables, accounts, inventory, loans, lines of credit, and working capital, designed to promote, restore, revitalize, or develop existing agricultural business or industrial enterprises, or the establishment of new agricultural business or industrial enterprises; (19) "Political subdivision" means a city of the first class, a city of the second class, an incorporated town, a county, or an improvement district, or any agency, board, commission, public corporation, or instrumentality of the above; (20) "Scientific and technical services business" means a business: (A) Primarily engaged in performing scientific and technical activities for others, including: (i) Architectural and engineering design; (ii) Computer programming and computer systems design; and (iii) Scientific research and development in physical, biological, and engineering sciences; (B) Selling expertise; (C) Having production processes that are almost wholly dependent upon worker skills; (D) Deriving at least seventy-five percent (75%) of its revenue from out-of-state sales; and (E) Paying average hourly wages that exceed one hundred fifty percent (150%) of the county or state average wage, whichever is less; (21) "Short-term advance funding" means the financing of temporary cash shortfalls of local governments based on the local government's projected monthly incomes and expenditures and its surplus at the beginning of each fiscal year, and the shortfall is the result of the local government's projected income's being insufficient to meet the needs of its estimated expenditures, even though the aggregate income will exceed the aggregate expenditures for the fiscal year; (22) "State" means the State of Arkansas; (23) "State agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of this state; (24) "Technology-based enterprises" means: (A) (i) A grouping of growing business sectors, identified as targeted businesses, that includes the following: (a) Advanced materials and manufacturing systems; (b) Agriculture, food, and environmental sciences; (c) Biotechnology, bioengineering, and life sciences; (d) Information technology; (e) Transportation logistics; and (f) Bio-based products. (ii) In order to receive benefits as a targeted business, the business must pay not less than one hundred fifty percent (150%) of the lesser of the county or state average wage; (B) A scientific and technical services business; or (C) A corporation, partnership, limited liability company, sole proprietorship, or other legal entity whose primary business directly involves commercializing the results of research conducted in one (1) of the six (6) growing business sectors identified as targeted businesses; and (25) "Tourism enterprise" means: (A) Cultural and historic sites, recreational and entertainment facilities, areas of natural phenomena or scenic beauty, theme parks, amusement or entertainment parks, indoor or outdoor theatrical productions, botanical gardens, and cultural or educational centers; and (B) Lodging facilities that are an integrated part of any of the enterprises listed in this subdivision (25). Amended by Act 2017, No. 374,§ 15, eff. 8/1/2017. Amended by Act 2013, No. 1252,§ 2, eff. 8/16/2013. Acts 1985, No. 1062, § 3.00; A.S.A. 1947, § 13-2903; Acts 1987, No. 780, § 1; 1989, No. 836, §§ 1-3; 1995, No. 1117, § 1; 1999, No. 429, §§ 1, 2; 2001, No. 1734, §§ 1-3; 2001, No. 1791, § 10; 2003, No. 494, § 1; 2005, No. 1232, § 6.

As used in this subchapter, §§ 15-5-201 - 15-5-211 , 15-5-213 , 15-5-301 - 15-5-316 , the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq., and the Arkansas Development Finance Authority Small Business Act of 1989, § 15-5-701 et seq.:

(1) "Aggregate security value of the contract" means the amount determined by the party identified in and in the manner identified in an interest rate exchange agreement or similar agreement or contract that a proposed assignee would pay in United States currency to the Arkansas Development Finance Authority to assume the obligations of the authority under the interest rate exchange agreement or similar agreement or contract;

(2) "Agricultural business enterprises" means facilities and operations supporting farms, ranches, and other agricultural or silvicultural commodity producers, such as aquaculture, fish hatchery operations and fish farms, and related businesses and industries, including, but not limited to, grain elevators, shipping heads, livestock pens, warehouses and other storage facilities, related transportation facilities, drainage facilities, and any related facilities and operations thereto;

(3) "Authority" means the Arkansas Development Finance Authority created by § 15-5-201 ;

(4) "Board of directors" means the Board of Directors of the Arkansas Development Finance Authority created in § 15-5-202 ;

(5) "Bonds" means any bonds, notes, debentures, interim certificates, grant and revenue anticipation notes, commercial paper or other notes with maturities of one (1) year or less, interest in a lease, and lease certificates of participation or other evidences of indebtedness, whether or not the interest on them is subject to federal income taxation, issued by the authority;

(6) "Capital improvements" means, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto; (B) Land or rights in land, including without limitation leases, air rights, easements, rights-of-way, or licenses; and (C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include without limiting the generality of the foregoing definition the following: (i) Any and all facilities for state agencies, city or town halls, courthouses, and other administrative, executive, or public offices; (ii) Court facilities; (iii) Jails; (iv) Firefighting facilities and apparatus; (v) Parking garages or other facilities; (vi) Educational and training facilities for public employees; (vii) Auditoriums, stadiums, convention halls, and similar public meeting or entertainment facilities; (viii) Civil defense facilities; (ix) Air and water pollution control facilities; (x) Drainage and flood control facilities; (xi) Storm sewers; (xii) Arts and crafts centers; (xiii) Museums; (xiv) Libraries; (xv) Public parks, playgrounds, or other public open space; (xvi) Marinas; (xvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (xviii) Tourist information and assistance centers; (xix) Historical, cultural, natural, or folklore sites; (xx) Fair and exhibition facilities; (xxi) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts; (xxii) Airports, passenger or freight terminals, hangars, and related facilities; (xxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (xxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigation facilities; (xxv) Public transportation facilities; (xxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (xxvii) Sewage collection systems and treatment plants; (xxviii) Maintenance and storage buildings and facilities; (xxix) Police and sheriffs' stations, apparatus, and training facilities; (xxx) Incinerators; (xxxi) Garbage and solid waste disposal and compacting and recycling facilities of every kind; and (xxxii) Social and rehabilitative facilities;

(A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto;

(B) Land or rights in land, including without limitation leases, air rights, easements, rights-of-way, or licenses; and

(C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include without limiting the generality of the foregoing definition the following: (i) Any and all facilities for state agencies, city or town halls, courthouses, and other administrative, executive, or public offices; (ii) Court facilities; (iii) Jails; (iv) Firefighting facilities and apparatus; (v) Parking garages or other facilities; (vi) Educational and training facilities for public employees; (vii) Auditoriums, stadiums, convention halls, and similar public meeting or entertainment facilities; (viii) Civil defense facilities; (ix) Air and water pollution control facilities; (x) Drainage and flood control facilities; (xi) Storm sewers; (xii) Arts and crafts centers; (xiii) Museums; (xiv) Libraries; (xv) Public parks, playgrounds, or other public open space; (xvi) Marinas; (xvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (xviii) Tourist information and assistance centers; (xix) Historical, cultural, natural, or folklore sites; (xx) Fair and exhibition facilities; (xxi) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts; (xxii) Airports, passenger or freight terminals, hangars, and related facilities; (xxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (xxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigation facilities; (xxv) Public transportation facilities; (xxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (xxvii) Sewage collection systems and treatment plants; (xxviii) Maintenance and storage buildings and facilities; (xxix) Police and sheriffs' stations, apparatus, and training facilities; (xxx) Incinerators; (xxxi) Garbage and solid waste disposal and compacting and recycling facilities of every kind; and (xxxii) Social and rehabilitative facilities;

(i) Any and all facilities for state agencies, city or town halls, courthouses, and other administrative, executive, or public offices;

(ii) Court facilities;

(iii) Jails;

(iv) Firefighting facilities and apparatus;

(v) Parking garages or other facilities;

(vi) Educational and training facilities for public employees;

(vii) Auditoriums, stadiums, convention halls, and similar public meeting or entertainment facilities;

(viii) Civil defense facilities;

(ix) Air and water pollution control facilities;

(x) Drainage and flood control facilities;

(xi) Storm sewers;

(xii) Arts and crafts centers;

(xiii) Museums;

(xiv) Libraries;

(xv) Public parks, playgrounds, or other public open space;

(xvi) Marinas;

(xvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities;

(xviii) Tourist information and assistance centers;

(xix) Historical, cultural, natural, or folklore sites;

(xx) Fair and exhibition facilities;

(xxi) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts;

(xxii) Airports, passenger or freight terminals, hangars, and related facilities;

(xxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services;

(xxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigation facilities;

(xxv) Public transportation facilities;

(xxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights;

(xxvii) Sewage collection systems and treatment plants;

(xxviii) Maintenance and storage buildings and facilities;

(xxix) Police and sheriffs' stations, apparatus, and training facilities;

(xxx) Incinerators;

(xxxi) Garbage and solid waste disposal and compacting and recycling facilities of every kind; and

(xxxii) Social and rehabilitative facilities;

(7) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as the authority shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of and authority set forth in this subchapter;

(8) "Counterparty" means the party entering into the interest rate exchange agreement or similar agreement or contract with the authority;

(9) "Educational facilities" means real, personal, and mixed property of any and every kind intended by an educational institution in furtherance of its educational program, including, but not limited to, dormitories, classrooms, laboratories, athletic fields, administrative buildings, equipment, and other property for use therein or thereon;

(10) "Energy efficiency project" means the same as defined under the State Entity Energy Efficiency Project Bond Act, § 15-5-1801 et seq.;

(11) "Facilities" means any real property, personal property, or mixed property of every kind, including, without limiting the generality of the foregoing, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind or any preliminary studies and surveys relative thereto;

(12) "Healthcare facilities" means facilities for furnishing physical or mental health care, including, without limitation: (A) Hospitals, other facilities for the diagnosis and treatment of any illness or disease, offices and clinics of doctors of medicine, dentists, optometrists, podiatrists, chiropractors, and related facilities, and nursing homes and related facilities; (B) Long-term care or life-care facilities for the elderly or disabled, including facilities used to furnish emergency medical health care and emergency medical services, including, but not limited to, ambulances or vehicles specifically designed, equipped, and licensed for transporting the sick or injured; (C) Laboratories and other facilities for conducting healthcare-related research, including buildings and other facilities to support and sustain these activities; (D) Equipment of every nature and kind related to health care, whether for diagnostic purposes, medical treatment, or research; (E) Emergency medical equipment and supplies; (F) Dispatching or other communication systems; (G) Computers for billing, collections, and system design and control; (H) Training and administrative facilities; and (I) Healthcare project costs as defined in subdivision (13) of this section;

(A) Hospitals, other facilities for the diagnosis and treatment of any illness or disease, offices and clinics of doctors of medicine, dentists, optometrists, podiatrists, chiropractors, and related facilities, and nursing homes and related facilities;

(B) Long-term care or life-care facilities for the elderly or disabled, including facilities used to furnish emergency medical health care and emergency medical services, including, but not limited to, ambulances or vehicles specifically designed, equipped, and licensed for transporting the sick or injured;

(C) Laboratories and other facilities for conducting healthcare-related research, including buildings and other facilities to support and sustain these activities;

(D) Equipment of every nature and kind related to health care, whether for diagnostic purposes, medical treatment, or research;

(E) Emergency medical equipment and supplies;

(F) Dispatching or other communication systems;

(G) Computers for billing, collections, and system design and control;

(H) Training and administrative facilities; and

(I) Healthcare project costs as defined in subdivision (13) of this section;

(13) (A) (i) "Healthcare project costs" specifically includes the refinancing of any existing debt of a healthcare facility necessary in order to permit the healthcare facility to borrow from the authority and give adequate security for the healthcare facility loan. (ii) The determination of the authority with respect to the necessity of refinancing and adequate security for a healthcare facility loan is conclusive. (B) (i) "Healthcare project costs" also includes the financing of working capital. (ii) However, any healthcare facility loan to a healthcare facility located outside the state to finance working capital shall be made only if necessary to a program of working capital financing, including a healthcare facility loan to a healthcare facility located within the state. (C) The determination of the authority with respect to the necessity of these healthcare facility loans to healthcare facilities located outside the state is conclusive. (D) Pooled or Consolidated Financings of a Number of Loans for Healthcare Facilities. (i) The authority may make loans for healthcare facilities located outside the state, provided: (a) Loans under the same pooled or consolidated financing program are made under similar terms to healthcare facilities located within the state; and (b) The authority's fees or charges, after deducting all appropriate expenses for providing the aggregated or pooled financings of healthcare facilities, are primarily dedicated to furthering the delivery of health care within the state. (ii) The determination of the authority with respect to the necessity and appropriateness of the healthcare facility loans to healthcare facilities located either within or outside the state is conclusive. (iii) The General Assembly declares that the authority acting as authorized under this section in making healthcare loans under the terms hereof is within the legislative findings and declaration of public necessity as set forth in § 15-5-102(b)(7) . (iv) Bonds issued by the authority under this subdivision (13)(D) shall not be exempt from taxes of the State of Arkansas;

(A) (i) "Healthcare project costs" specifically includes the refinancing of any existing debt of a healthcare facility necessary in order to permit the healthcare facility to borrow from the authority and give adequate security for the healthcare facility loan. (ii) The determination of the authority with respect to the necessity of refinancing and adequate security for a healthcare facility loan is conclusive.

(i) "Healthcare project costs" specifically includes the refinancing of any existing debt of a healthcare facility necessary in order to permit the healthcare facility to borrow from the authority and give adequate security for the healthcare facility loan.

(ii) The determination of the authority with respect to the necessity of refinancing and adequate security for a healthcare facility loan is conclusive.

(B) (i) "Healthcare project costs" also includes the financing of working capital. (ii) However, any healthcare facility loan to a healthcare facility located outside the state to finance working capital shall be made only if necessary to a program of working capital financing, including a healthcare facility loan to a healthcare facility located within the state.

(i) "Healthcare project costs" also includes the financing of working capital.

(ii) However, any healthcare facility loan to a healthcare facility located outside the state to finance working capital shall be made only if necessary to a program of working capital financing, including a healthcare facility loan to a healthcare facility located within the state.

(C) The determination of the authority with respect to the necessity of these healthcare facility loans to healthcare facilities located outside the state is conclusive.

(D) Pooled or Consolidated Financings of a Number of Loans for Healthcare Facilities. (i) The authority may make loans for healthcare facilities located outside the state, provided: (a) Loans under the same pooled or consolidated financing program are made under similar terms to healthcare facilities located within the state; and (b) The authority's fees or charges, after deducting all appropriate expenses for providing the aggregated or pooled financings of healthcare facilities, are primarily dedicated to furthering the delivery of health care within the state. (ii) The determination of the authority with respect to the necessity and appropriateness of the healthcare facility loans to healthcare facilities located either within or outside the state is conclusive. (iii) The General Assembly declares that the authority acting as authorized under this section in making healthcare loans under the terms hereof is within the legislative findings and declaration of public necessity as set forth in § 15-5-102(b)(7) . (iv) Bonds issued by the authority under this subdivision (13)(D) shall not be exempt from taxes of the State of Arkansas;

(i) The authority may make loans for healthcare facilities located outside the state, provided: (a) Loans under the same pooled or consolidated financing program are made under similar terms to healthcare facilities located within the state; and (b) The authority's fees or charges, after deducting all appropriate expenses for providing the aggregated or pooled financings of healthcare facilities, are primarily dedicated to furthering the delivery of health care within the state.

(a) Loans under the same pooled or consolidated financing program are made under similar terms to healthcare facilities located within the state; and

(b) The authority's fees or charges, after deducting all appropriate expenses for providing the aggregated or pooled financings of healthcare facilities, are primarily dedicated to furthering the delivery of health care within the state.

(ii) The determination of the authority with respect to the necessity and appropriateness of the healthcare facility loans to healthcare facilities located either within or outside the state is conclusive.

(iii) The General Assembly declares that the authority acting as authorized under this section in making healthcare loans under the terms hereof is within the legislative findings and declaration of public necessity as set forth in § 15-5-102(b)(7) .

(iv) Bonds issued by the authority under this subdivision (13)(D) shall not be exempt from taxes of the State of Arkansas;

(14) (A) "Housing development" means any work or undertaking, whether new construction or rehabilitation, that is designed and financed pursuant to the provisions of this subchapter for the primary purpose of providing sanitary, decent, and safe dwelling accommodations for elderly persons and families of low or moderate income in need of housing. (B) Such an undertaking may include any buildings, land, equipment, facilities, or other real or personal properties that are necessary, convenient, or desirable appurtenances, such as, but not limited to, site preparation, landscaping, and other nonhousing facilities such as community and recreational facilities as the authority determines to be necessary, convenient, or desirable appurtenances, retirement homes, centers, and related facilities, nursing homes and related facilities, and long-term care or life-care facilities for the elderly or disabled;

(A) "Housing development" means any work or undertaking, whether new construction or rehabilitation, that is designed and financed pursuant to the provisions of this subchapter for the primary purpose of providing sanitary, decent, and safe dwelling accommodations for elderly persons and families of low or moderate income in need of housing.

(B) Such an undertaking may include any buildings, land, equipment, facilities, or other real or personal properties that are necessary, convenient, or desirable appurtenances, such as, but not limited to, site preparation, landscaping, and other nonhousing facilities such as community and recreational facilities as the authority determines to be necessary, convenient, or desirable appurtenances, retirement homes, centers, and related facilities, nursing homes and related facilities, and long-term care or life-care facilities for the elderly or disabled;

(15) (A) "Industrial enterprise" means, but is not limited to, facilities and operations for manufacturing, producing, processing, assembling, repairing, extracting, warehousing, distributing, communications, computer services, the production of motion pictures and like products, technology-based enterprises, tourism enterprises, transportation, corporate and management offices, and services provided in connection with any of the foregoing, in isolation or in any combination, that involve the creation of new or additional employment or the retention of existing employment, and industrial parks. (B) However, a shopping center, retail store or shop, or other similar undertaking that is solely or predominantly of a commercial retail nature shall not be an industrial enterprise for the purposes of this subchapter;

(A) "Industrial enterprise" means, but is not limited to, facilities and operations for manufacturing, producing, processing, assembling, repairing, extracting, warehousing, distributing, communications, computer services, the production of motion pictures and like products, technology-based enterprises, tourism enterprises, transportation, corporate and management offices, and services provided in connection with any of the foregoing, in isolation or in any combination, that involve the creation of new or additional employment or the retention of existing employment, and industrial parks.

(B) However, a shopping center, retail store or shop, or other similar undertaking that is solely or predominantly of a commercial retail nature shall not be an industrial enterprise for the purposes of this subchapter;

(16) "Interest rate exchange agreement or similar agreement or contract" means a written contract entered into by the authority with one (1) or more counterparties that: (A) Is related to the issuance of bonds by the authority or to bonds previously issued by the authority that are outstanding on the date of execution of the contract; (B) Provides for an exchange of payments, denominated in United States currency, that is based upon fixed or variable interest rates; and (C) Includes contracts and options related to any exchange of payments as determined by the authority under its rulemaking authority under § 15-5-317 ;

(A) Is related to the issuance of bonds by the authority or to bonds previously issued by the authority that are outstanding on the date of execution of the contract;

(B) Provides for an exchange of payments, denominated in United States currency, that is based upon fixed or variable interest rates; and

(C) Includes contracts and options related to any exchange of payments as determined by the authority under its rulemaking authority under § 15-5-317 ;

(17) "Loans" means loans made for the purposes of financing any of the activities authorized within this subchapter, including: (A) Working capital and the acquisition of accounts, as "account" is defined in § 4-9-102 , to finance working capital; (B) Loans made to financial institutions for the purpose of funding or as security for loans made for the purpose of accomplishing any of the purposes of this subdivision (17); (C) Loans made to nonprofit corporations and affiliated organizations for the purpose of such entities' providing funds and loans for healthcare project costs as defined in this section; and (D) Reserves and expenses appropriate or incidental to all such loans described in this subdivision (17);

(A) Working capital and the acquisition of accounts, as "account" is defined in § 4-9-102 , to finance working capital;

(B) Loans made to financial institutions for the purpose of funding or as security for loans made for the purpose of accomplishing any of the purposes of this subdivision (17);

(C) Loans made to nonprofit corporations and affiliated organizations for the purpose of such entities' providing funds and loans for healthcare project costs as defined in this section; and

(D) Reserves and expenses appropriate or incidental to all such loans described in this subdivision (17);

(18) "Operations" means any and all matters deemed necessary or desirable to the promotion of agricultural business and industrial enterprises, including, but not limited to, the provision of labor and services of any nature and all transactions pertaining to receivables, accounts, inventory, loans, lines of credit, and working capital, designed to promote, restore, revitalize, or develop existing agricultural business or industrial enterprises, or the establishment of new agricultural business or industrial enterprises;

(19) "Political subdivision" means a city of the first class, a city of the second class, an incorporated town, a county, or an improvement district, or any agency, board, commission, public corporation, or instrumentality of the above;

(20) "Scientific and technical services business" means a business: (A) Primarily engaged in performing scientific and technical activities for others, including: (i) Architectural and engineering design; (ii) Computer programming and computer systems design; and (iii) Scientific research and development in physical, biological, and engineering sciences; (B) Selling expertise; (C) Having production processes that are almost wholly dependent upon worker skills; (D) Deriving at least seventy-five percent (75%) of its revenue from out-of-state sales; and (E) Paying average hourly wages that exceed one hundred fifty percent (150%) of the county or state average wage, whichever is less;

(A) Primarily engaged in performing scientific and technical activities for others, including: (i) Architectural and engineering design; (ii) Computer programming and computer systems design; and (iii) Scientific research and development in physical, biological, and engineering sciences;

(i) Architectural and engineering design;

(ii) Computer programming and computer systems design; and

(iii) Scientific research and development in physical, biological, and engineering sciences;

(B) Selling expertise;

(C) Having production processes that are almost wholly dependent upon worker skills;

(D) Deriving at least seventy-five percent (75%) of its revenue from out-of-state sales; and

(E) Paying average hourly wages that exceed one hundred fifty percent (150%) of the county or state average wage, whichever is less;

(21) "Short-term advance funding" means the financing of temporary cash shortfalls of local governments based on the local government's projected monthly incomes and expenditures and its surplus at the beginning of each fiscal year, and the shortfall is the result of the local government's projected income's being insufficient to meet the needs of its estimated expenditures, even though the aggregate income will exceed the aggregate expenditures for the fiscal year;

(22) "State" means the State of Arkansas;

(23) "State agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of this state;

(24) "Technology-based enterprises" means: (A) (i) A grouping of growing business sectors, identified as targeted businesses, that includes the following: (a) Advanced materials and manufacturing systems; (b) Agriculture, food, and environmental sciences; (c) Biotechnology, bioengineering, and life sciences; (d) Information technology; (e) Transportation logistics; and (f) Bio-based products. (ii) In order to receive benefits as a targeted business, the business must pay not less than one hundred fifty percent (150%) of the lesser of the county or state average wage; (B) A scientific and technical services business; or (C) A corporation, partnership, limited liability company, sole proprietorship, or other legal entity whose primary business directly involves commercializing the results of research conducted in one (1) of the six (6) growing business sectors identified as targeted businesses; and

(A) (i) A grouping of growing business sectors, identified as targeted businesses, that includes the following: (a) Advanced materials and manufacturing systems; (b) Agriculture, food, and environmental sciences; (c) Biotechnology, bioengineering, and life sciences; (d) Information technology; (e) Transportation logistics; and (f) Bio-based products. (ii) In order to receive benefits as a targeted business, the business must pay not less than one hundred fifty percent (150%) of the lesser of the county or state average wage;

(i) A grouping of growing business sectors, identified as targeted businesses, that includes the following: (a) Advanced materials and manufacturing systems; (b) Agriculture, food, and environmental sciences; (c) Biotechnology, bioengineering, and life sciences; (d) Information technology; (e) Transportation logistics; and (f) Bio-based products.

(a) Advanced materials and manufacturing systems;

(b) Agriculture, food, and environmental sciences;

(c) Biotechnology, bioengineering, and life sciences;

(d) Information technology;

(e) Transportation logistics; and

(f) Bio-based products.

(ii) In order to receive benefits as a targeted business, the business must pay not less than one hundred fifty percent (150%) of the lesser of the county or state average wage;

(B) A scientific and technical services business; or

(C) A corporation, partnership, limited liability company, sole proprietorship, or other legal entity whose primary business directly involves commercializing the results of research conducted in one (1) of the six (6) growing business sectors identified as targeted businesses; and

(25) "Tourism enterprise" means: (A) Cultural and historic sites, recreational and entertainment facilities, areas of natural phenomena or scenic beauty, theme parks, amusement or entertainment parks, indoor or outdoor theatrical productions, botanical gardens, and cultural or educational centers; and (B) Lodging facilities that are an integrated part of any of the enterprises listed in this subdivision (25).

(A) Cultural and historic sites, recreational and entertainment facilities, areas of natural phenomena or scenic beauty, theme parks, amusement or entertainment parks, indoor or outdoor theatrical productions, botanical gardens, and cultural or educational centers; and

(B) Lodging facilities that are an integrated part of any of the enterprises listed in this subdivision (25).

Amended by Act 2017, No. 374,§ 15, eff. 8/1/2017.

Amended by Act 2013, No. 1252,§ 2, eff. 8/16/2013.

Acts 1985, No. 1062, § 3.00; A.S.A. 1947, § 13-2903; Acts 1987, No. 780, § 1; 1989, No. 836, §§ 1-3; 1995, No. 1117, § 1; 1999, No. 429, §§ 1, 2; 2001, No. 1734, §§ 1-3; 2001, No. 1791, § 10; 2003, No. 494, § 1; 2005, No. 1232, § 6.
Ark. Code Ann. § 15-23-1002 — AR Code / Title 15 / Chapter 23 / Subchapter 10 / Section 15-23-1002
Buffalo River Conservation Committee
Status: in_force

(a) The Buffalo River Conservation Committee is created to establish measurable objectives and lead partnership projects to benefit water quality and resource management in the Buffalo River Watershed. (b) The committee members shall be appointed by and serve at the pleasure of the Governor. (c) The committee shall be composed of the: (1) Secretary of the Department of Energy and Environment or his or her designee; (2) Secretary of the Department of Agriculture or his or her designee; (3) Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; (4) Secretary of the Department of Health or his or her designee; (5) County judge of Newton County; and (6) County judge of Searcy County. (d) The chair of the committee shall be designated by the Governor. (e) The committee shall: (1) Work in cooperation with each member to identify opportunities to leverage each member's respective department's unique expertise, relationships, focus areas, and funding mechanisms in support of the vitality of the Buffalo River Watershed; (2) Conduct an annual review of the Buffalo River Watershed Management Plan and include recommendations for updates of the plan and a report on successes during the year, as identified by the committee, to be submitted to the Governor; (3) (A) Establish subcommittees to lead various aspects of implementing the Buffalo River Watershed Management Plan. (B) The subcommittees shall identify opportunities for training, relationship building, and specific projects, all of which shall be in service to preserving and enhancing water quality within the Buffalo River Watershed; (4) Further develop the concepts from the Buffalo River Watershed Management Plan to incorporate additional tools and strategies as necessary; (5) Consciously consider and act on the most recent pertinent available data related to water quality concerns and opportunities in the Buffalo River Watershed; (6) Create an emphasis on action items that engage local stakeholders and landowners that have both a positive impact on water quality and are beneficial for landowners within the Buffalo River Watershed; and (7) Consider the continued sampling and analysis of water quality data throughout the Buffalo River Watershed as vital for informing the work of the committee and its member agencies and organizations. (f) In establishing subcommittees under subdivision (e)(3) of this section, the committee shall engage and include the following key stakeholders: (1) Local landowners; (2) Conservation organizations; (3) Environmental and technical experts; (4) Representatives of the tourism industry; (5) Local, county, and municipal officials; and (6) Federal partners. Amended by Act 2021, No. 785,§ 1, eff. 7/28/2021.

(a) The Buffalo River Conservation Committee is created to establish measurable objectives and lead partnership projects to benefit water quality and resource management in the Buffalo River Watershed.

(b) The committee members shall be appointed by and serve at the pleasure of the Governor.

(c) The committee shall be composed of the: (1) Secretary of the Department of Energy and Environment or his or her designee; (2) Secretary of the Department of Agriculture or his or her designee; (3) Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; (4) Secretary of the Department of Health or his or her designee; (5) County judge of Newton County; and (6) County judge of Searcy County.

(1) Secretary of the Department of Energy and Environment or his or her designee;

(2) Secretary of the Department of Agriculture or his or her designee;

(3) Secretary of the Department of Parks, Heritage, and Tourism or his or her designee;

(4) Secretary of the Department of Health or his or her designee;

(5) County judge of Newton County; and

(6) County judge of Searcy County.

(d) The chair of the committee shall be designated by the Governor.

(e) The committee shall: (1) Work in cooperation with each member to identify opportunities to leverage each member's respective department's unique expertise, relationships, focus areas, and funding mechanisms in support of the vitality of the Buffalo River Watershed; (2) Conduct an annual review of the Buffalo River Watershed Management Plan and include recommendations for updates of the plan and a report on successes during the year, as identified by the committee, to be submitted to the Governor; (3) (A) Establish subcommittees to lead various aspects of implementing the Buffalo River Watershed Management Plan. (B) The subcommittees shall identify opportunities for training, relationship building, and specific projects, all of which shall be in service to preserving and enhancing water quality within the Buffalo River Watershed; (4) Further develop the concepts from the Buffalo River Watershed Management Plan to incorporate additional tools and strategies as necessary; (5) Consciously consider and act on the most recent pertinent available data related to water quality concerns and opportunities in the Buffalo River Watershed; (6) Create an emphasis on action items that engage local stakeholders and landowners that have both a positive impact on water quality and are beneficial for landowners within the Buffalo River Watershed; and (7) Consider the continued sampling and analysis of water quality data throughout the Buffalo River Watershed as vital for informing the work of the committee and its member agencies and organizations.

(1) Work in cooperation with each member to identify opportunities to leverage each member's respective department's unique expertise, relationships, focus areas, and funding mechanisms in support of the vitality of the Buffalo River Watershed;

(2) Conduct an annual review of the Buffalo River Watershed Management Plan and include recommendations for updates of the plan and a report on successes during the year, as identified by the committee, to be submitted to the Governor;

(3) (A) Establish subcommittees to lead various aspects of implementing the Buffalo River Watershed Management Plan. (B) The subcommittees shall identify opportunities for training, relationship building, and specific projects, all of which shall be in service to preserving and enhancing water quality within the Buffalo River Watershed;

(A) Establish subcommittees to lead various aspects of implementing the Buffalo River Watershed Management Plan.

(B) The subcommittees shall identify opportunities for training, relationship building, and specific projects, all of which shall be in service to preserving and enhancing water quality within the Buffalo River Watershed;

(4) Further develop the concepts from the Buffalo River Watershed Management Plan to incorporate additional tools and strategies as necessary;

(5) Consciously consider and act on the most recent pertinent available data related to water quality concerns and opportunities in the Buffalo River Watershed;

(6) Create an emphasis on action items that engage local stakeholders and landowners that have both a positive impact on water quality and are beneficial for landowners within the Buffalo River Watershed; and

(7) Consider the continued sampling and analysis of water quality data throughout the Buffalo River Watershed as vital for informing the work of the committee and its member agencies and organizations.

(f) In establishing subcommittees under subdivision (e)(3) of this section, the committee shall engage and include the following key stakeholders: (1) Local landowners; (2) Conservation organizations; (3) Environmental and technical experts; (4) Representatives of the tourism industry; (5) Local, county, and municipal officials; and (6) Federal partners.

(1) Local landowners;

(2) Conservation organizations;

(3) Environmental and technical experts;

(4) Representatives of the tourism industry;

(5) Local, county, and municipal officials; and

(6) Federal partners.

Amended by Act 2021, No. 785,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-22-301 — AR Code / Title 15 / Chapter 22 / Subchapter 3 / Section 15-22-301
Duties of commission
Status: in_force

The Arkansas Natural Resources Commission shall: (1) Inventory the surface water resources and underground water resources within this state; (2) Determine the surface water requirements for fish and wildlife; (3) Determine the surface water requirements for navigation; (4) Establish minimum stream flows; (5) Determine the water needs of public water supplies; (6) Determine the water needs for industry; (7) Determine the water needs for agriculture, taking into account the decreasing groundwater tables and the resulting future needs for surface water to augment groundwater supplies; (8) Determine the water needs of all other users; (9) Propose a definition of critical water areas and delineate areas which are now critical or which will be critical within the next thirty (30) years; (10) Define the term "excess surface water" and determine the quantity of the excess surface water within the state and where it is located; (11) Define the term "safe yield" of a stream, river, or river basin, and a groundwater aquifer; (12) Report periodically to the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development; (13) Declare and delineate surplus or excess surface water areas within the state based on a determination that surface water in a defined geographic area is in excess of the amount required for the foreseeable economic development needs of the defined geographic area; (14) Develop guidelines for evaluation of any proposed interbasin transfers in order that the areas of origin would be protected from serious adverse effects during periods of low streamflow; and (15) Develop guidelines for determining the amount of compensation, if any, to interested parties within the area of origin who incur damages as a result of a proposed transfer, including claims of individual water rights holders, adverse effects upon the political subdivisions involved, and adverse environmental effects. Acts 1985, No. 1051, § 2; A.S.A. 1947, § 9-128.1; Acts 1997, No. 317, § 4.

The Arkansas Natural Resources Commission shall:

(1) Inventory the surface water resources and underground water resources within this state;

(2) Determine the surface water requirements for fish and wildlife;

(3) Determine the surface water requirements for navigation;

(4) Establish minimum stream flows;

(5) Determine the water needs of public water supplies;

(6) Determine the water needs for industry;

(7) Determine the water needs for agriculture, taking into account the decreasing groundwater tables and the resulting future needs for surface water to augment groundwater supplies;

(8) Determine the water needs of all other users;

(9) Propose a definition of critical water areas and delineate areas which are now critical or which will be critical within the next thirty (30) years;

(10) Define the term "excess surface water" and determine the quantity of the excess surface water within the state and where it is located;

(11) Define the term "safe yield" of a stream, river, or river basin, and a groundwater aquifer;

(12) Report periodically to the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development;

(13) Declare and delineate surplus or excess surface water areas within the state based on a determination that surface water in a defined geographic area is in excess of the amount required for the foreseeable economic development needs of the defined geographic area;

(14) Develop guidelines for evaluation of any proposed interbasin transfers in order that the areas of origin would be protected from serious adverse effects during periods of low streamflow; and

(15) Develop guidelines for determining the amount of compensation, if any, to interested parties within the area of origin who incur damages as a result of a proposed transfer, including claims of individual water rights holders, adverse effects upon the political subdivisions involved, and adverse environmental effects.

Acts 1985, No. 1051, § 2; A.S.A. 1947, § 9-128.1; Acts 1997, No. 317, § 4.
Ark. Code Ann. § 15-4-3803 — AR Code / Title 15 / Chapter 4 / Subchapter 38 / Section 15-4-3803
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Agency" means an entity that receives at least twenty-five thousand dollars ($25,000) a year from the state and offers a food service program. (B) "Agency" includes without limitation: (i) An institution of higher education; (ii) A child care facility; (iii) A state park; (iv) An after-school program; (v) A state agency or other entity of the state; (vi) A designee under contract to provide a food service program for an agency; and (vii) A designee under contract to provide wholesale local farm or food products for an agency; (2) (A) "Distributor" means a person or entity involved in marketing and distributing local farm or food products to another entity, including without limitation to: (i) A restaurant; (ii) A healthcare facility; (iii) An educational institution; (iv) A hospitality business, including without limitation a hotel or inn; (v) A government entity; or (vi) An agency. (B) "Distributor" includes a person or entity that provides food products at wholesale to another company that provides or manages a food service program; (3) "Food product" means a substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value; (4) (A) "Food service program" means the preparation and consumption of food products at an on-site cafeteria. (B) "Food service program" does not include catered events, franchises, or privately owned third-party vendors that do not serve as the primary provider for the delivery of food products on behalf of an agency; and (5) "Local farm or food products" means food products that are grown in Arkansas or packaged and processed in Arkansas, or both. Amended by Act 2019, No. 796,§ 2, eff. 7/24/2019. Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) (A) "Agency" means an entity that receives at least twenty-five thousand dollars ($25,000) a year from the state and offers a food service program. (B) "Agency" includes without limitation: (i) An institution of higher education; (ii) A child care facility; (iii) A state park; (iv) An after-school program; (v) A state agency or other entity of the state; (vi) A designee under contract to provide a food service program for an agency; and (vii) A designee under contract to provide wholesale local farm or food products for an agency;

(A) "Agency" means an entity that receives at least twenty-five thousand dollars ($25,000) a year from the state and offers a food service program.

(B) "Agency" includes without limitation: (i) An institution of higher education; (ii) A child care facility; (iii) A state park; (iv) An after-school program; (v) A state agency or other entity of the state; (vi) A designee under contract to provide a food service program for an agency; and (vii) A designee under contract to provide wholesale local farm or food products for an agency;

(i) An institution of higher education;

(ii) A child care facility;

(iii) A state park;

(iv) An after-school program;

(v) A state agency or other entity of the state;

(vi) A designee under contract to provide a food service program for an agency; and

(vii) A designee under contract to provide wholesale local farm or food products for an agency;

(2) (A) "Distributor" means a person or entity involved in marketing and distributing local farm or food products to another entity, including without limitation to: (i) A restaurant; (ii) A healthcare facility; (iii) An educational institution; (iv) A hospitality business, including without limitation a hotel or inn; (v) A government entity; or (vi) An agency. (B) "Distributor" includes a person or entity that provides food products at wholesale to another company that provides or manages a food service program;

(A) "Distributor" means a person or entity involved in marketing and distributing local farm or food products to another entity, including without limitation to: (i) A restaurant; (ii) A healthcare facility; (iii) An educational institution; (iv) A hospitality business, including without limitation a hotel or inn; (v) A government entity; or (vi) An agency.

(i) A restaurant;

(ii) A healthcare facility;

(iii) An educational institution;

(iv) A hospitality business, including without limitation a hotel or inn;

(v) A government entity; or

(vi) An agency.

(B) "Distributor" includes a person or entity that provides food products at wholesale to another company that provides or manages a food service program;

(3) "Food product" means a substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value;

(4) (A) "Food service program" means the preparation and consumption of food products at an on-site cafeteria. (B) "Food service program" does not include catered events, franchises, or privately owned third-party vendors that do not serve as the primary provider for the delivery of food products on behalf of an agency; and

(A) "Food service program" means the preparation and consumption of food products at an on-site cafeteria.

(B) "Food service program" does not include catered events, franchises, or privately owned third-party vendors that do not serve as the primary provider for the delivery of food products on behalf of an agency; and

(5) "Local farm or food products" means food products that are grown in Arkansas or packaged and processed in Arkansas, or both.

Amended by Act 2019, No. 796,§ 2, eff. 7/24/2019.

Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 15-20-207 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-207
Powers and duties
Status: in_force

The Arkansas Natural Resources Commission shall have the authority to: (1) (A) Enter into negotiations with the duly authorized representatives of adjoining states relating to the protection and use of interstate waters occurring in underground aquifers, streams, lakes, reservoirs, or natural or artificial channels or impoundments and, with the consent of the United States Congress, enter into written compacts in relation thereto which shall become effective upon their ratification by the General Assembly and the legislative bodies of the other states which are parties thereto. (B) In order that the commission may perform its functions more effectively, the Department of Agriculture shall employ a Water Resources Engineer, and the person so employed, at the time of his or her employment and during the continuance thereof, shall hold a certificate of registration granted by the State Board of Licensure for Professional Engineers and Professional Surveyors; (2) Cooperate with similar agencies existing in other states, with the several federal departments, and with civic organizations interested in and devoted to water and soil conservation and flood control and prevention; (3) (A) Cooperate with local organizations, with districts organized under the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., or other state law of similar import, and with appropriate federal departments and agencies in the development and prosecution of plans for the construction, operation, and maintenance of pools, lakes, reservoirs, dams, levees, ditches, canals, waterways, pumping works, and other facilities. (B) This cooperation may be for work on improvements on lakes, rivers, bayous, and streams for the purpose of and to provide for irrigation, flood control, and drainage and additionally for preventing erosion, floodwater, and sediment damage and for the conservation, development, utilization, and disposal of water or in furtherance of any such purposes; (4) (A) Cooperate with counties, municipalities, and the respective instrumentalities thereof and other political subdivisions of the state and other local interests and with the United States Army Corps of Engineers, the United States Bureau of Reclamation, or other appropriate agency of the United States Government in the development and prosecution of plans for water supplies for domestic, municipal, industrial, and other purposes in connection with the construction, maintenance, and operation of federal navigation, flood control, irrigation, or multiple purpose projects whereof the project is of a character that storage or impoundment of water for present or anticipated future demand or need for the purposes stated in this subdivision (4)(A) may be included in any reservoir project in connection with any construction, operation, and maintenance. (B) (i) Whenever, after having made a detailed study, in conjunction with local interests, of the anticipated present and future demand or need for water for the purposes stated in subdivision (4)(A) of this section, the commission shall be of the opinion that the plans should provide for the impounding of water for current use or for both current and future use, it shall so advise the appropriate federal agency. (ii) The commission shall also furnish the agency with a copy of its findings and determinations and the basis upon which the findings and determinations were made, including, but not limited to, estimates of quantities of water which will be required from time to time, the prospective users, and estimates of the amounts of revenues to be derived therefrom, together with additional or other information as shall be required to enable the federal agency to make a judgment as to the feasibility of including storage for the aforesaid purposes in any reservoir project. (C) (i) The commission shall obtain from the appropriate federal agency an estimate of the entire amounts of construction costs, including interest during construction, which would be allocated to water supply for current use only and for both current and future uses. (ii) Whenever it shall make a determination, based upon the estimates and its own study, that the costs of the project for either or both uses may be amortized over the life of the project, but in no event to exceed fifty (50) years, it shall so advise the local interests in order that all local interests or any one (1) of them may be in a position to make a firm commitment to pay the cost of that part of the project, providing only for storage for current demand or need or to give reasonable assurances that demands for the use of such storage for both anticipated current and future demand or need will be made within a period of time which will permit the paying out of the costs within the life of the project. (D) (i) Whenever several entities of local interests are involved, the commission, acting in behalf of all of them on their request, may give the appropriate federal agency reasonable assurance, in writing, that the demands for the use of storage for anticipated future needs, as distinguished from anticipated current needs, will be made within a period of time which will permit the paying out of the costs within the life of the project. (ii) Nothing in this subdivision (4)(D) shall be so construed as to commit the state government either to pay or guarantee the payment of such costs, and a statement to that effect shall be contained in any such writing. (iii) The foregoing proviso shall not be so construed as to inhibit the right of the commission to pay any costs as related to anticipated future demand or need whenever it shall have been provided with funds for that purpose; (5) Cooperate with the several federal agencies in the development of their plans for federal public works under the Public Works Acceleration Act, 42 U.S.C. §§ 2641-2643 , or other federal law of similar import in such projects as small watershed, river and harbor, flood control, and soil conservation, and promote river navigation and hydroelectric power; (6) (A) Receive and expend any moneys arising from federal means, grants, contributions, gratuities, reimbursements, or loans payable or distributable to the State of Arkansas by the United States or any of its agencies or instrumentalities under any congressional act or rule or regulation of such an agency or instrumentality now or hereafter enacted or promulgated for or on account of any functions performable by the commission. (B) (i) (a) The commission shall likewise receive any contributions, grants, or gratuities donated by private persons, associations, or corporations for or on account of any of the functions aforesaid. (b) All moneys so received shall be deposited into the State Treasury unless provisions shall have otherwise been made by the respective federal agencies, private persons, associations, or corporations furnishing the funds. (ii) However, if the General Assembly fails to appropriate any such moneys for the use of the Department of Agriculture to support the commission or in the event the specified use of any such moneys precludes their deposit into the State Treasury, the commission may convert any such moneys to the Arkansas Water Development Fund, to be used for the purposes for which granted, donated, or received or as otherwise provided by this subchapter; (7) Contract and be contracted with; (8) Take such other action, not inconsistent with law, as it shall deem necessary or desirable to carry out the purposes and intent of this subchapter; and (9) (A) Execute, issue, and deliver binding and irrevocable conditional or unconditional commitments in the form of letters or other written instruments to lenders of every sort located within or outside the State of Arkansas evidencing the commission's binding, enforceable, and irrevocable commitment and obligation to provide fully amortizing or other permanent financing for water, sewer, solid waste, flood control, drainage, water pollution control abatement and prevention, wetlands, irrigation, and any other projects that the commission may finance under the financial assistance programs that it from time to time administers. (B) The commission may condition its obligation to provide fully amortizing or other permanent financing upon: (i) The obtaining of construction, acquisition, or other financing for a qualifying project by a lender acceptable to the commission located within or outside of the State of Arkansas; (ii) The completion of construction and operational certification of a qualifying project in accordance with commission requirements; (iii) The acquisition of a project deemed acceptable to the commission; (iv) The passage of a specified period of time; (v) The issuance of commission bonds or the availability of other commission funds; or (vi) Any other conditions of whatever nature that the commission may choose to include in the commitment letter. Amended by Act 2019, No. 910,§ 60, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 59, eff. 7/1/2019. Acts 1963, No. 14, § 11; 1963, No. 177, § 1; 1969, No. 217, § 7; A.S.A. 1947, § 9-128; Acts 1995, No. 688, § 1; 1997, No. 237, § 2.

The Arkansas Natural Resources Commission shall have the authority to:

(1) (A) Enter into negotiations with the duly authorized representatives of adjoining states relating to the protection and use of interstate waters occurring in underground aquifers, streams, lakes, reservoirs, or natural or artificial channels or impoundments and, with the consent of the United States Congress, enter into written compacts in relation thereto which shall become effective upon their ratification by the General Assembly and the legislative bodies of the other states which are parties thereto. (B) In order that the commission may perform its functions more effectively, the Department of Agriculture shall employ a Water Resources Engineer, and the person so employed, at the time of his or her employment and during the continuance thereof, shall hold a certificate of registration granted by the State Board of Licensure for Professional Engineers and Professional Surveyors;

(A) Enter into negotiations with the duly authorized representatives of adjoining states relating to the protection and use of interstate waters occurring in underground aquifers, streams, lakes, reservoirs, or natural or artificial channels or impoundments and, with the consent of the United States Congress, enter into written compacts in relation thereto which shall become effective upon their ratification by the General Assembly and the legislative bodies of the other states which are parties thereto.

(B) In order that the commission may perform its functions more effectively, the Department of Agriculture shall employ a Water Resources Engineer, and the person so employed, at the time of his or her employment and during the continuance thereof, shall hold a certificate of registration granted by the State Board of Licensure for Professional Engineers and Professional Surveyors;

(2) Cooperate with similar agencies existing in other states, with the several federal departments, and with civic organizations interested in and devoted to water and soil conservation and flood control and prevention;

(3) (A) Cooperate with local organizations, with districts organized under the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., or other state law of similar import, and with appropriate federal departments and agencies in the development and prosecution of plans for the construction, operation, and maintenance of pools, lakes, reservoirs, dams, levees, ditches, canals, waterways, pumping works, and other facilities. (B) This cooperation may be for work on improvements on lakes, rivers, bayous, and streams for the purpose of and to provide for irrigation, flood control, and drainage and additionally for preventing erosion, floodwater, and sediment damage and for the conservation, development, utilization, and disposal of water or in furtherance of any such purposes;

(A) Cooperate with local organizations, with districts organized under the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., or other state law of similar import, and with appropriate federal departments and agencies in the development and prosecution of plans for the construction, operation, and maintenance of pools, lakes, reservoirs, dams, levees, ditches, canals, waterways, pumping works, and other facilities.

(B) This cooperation may be for work on improvements on lakes, rivers, bayous, and streams for the purpose of and to provide for irrigation, flood control, and drainage and additionally for preventing erosion, floodwater, and sediment damage and for the conservation, development, utilization, and disposal of water or in furtherance of any such purposes;

(4) (A) Cooperate with counties, municipalities, and the respective instrumentalities thereof and other political subdivisions of the state and other local interests and with the United States Army Corps of Engineers, the United States Bureau of Reclamation, or other appropriate agency of the United States Government in the development and prosecution of plans for water supplies for domestic, municipal, industrial, and other purposes in connection with the construction, maintenance, and operation of federal navigation, flood control, irrigation, or multiple purpose projects whereof the project is of a character that storage or impoundment of water for present or anticipated future demand or need for the purposes stated in this subdivision (4)(A) may be included in any reservoir project in connection with any construction, operation, and maintenance. (B) (i) Whenever, after having made a detailed study, in conjunction with local interests, of the anticipated present and future demand or need for water for the purposes stated in subdivision (4)(A) of this section, the commission shall be of the opinion that the plans should provide for the impounding of water for current use or for both current and future use, it shall so advise the appropriate federal agency. (ii) The commission shall also furnish the agency with a copy of its findings and determinations and the basis upon which the findings and determinations were made, including, but not limited to, estimates of quantities of water which will be required from time to time, the prospective users, and estimates of the amounts of revenues to be derived therefrom, together with additional or other information as shall be required to enable the federal agency to make a judgment as to the feasibility of including storage for the aforesaid purposes in any reservoir project. (C) (i) The commission shall obtain from the appropriate federal agency an estimate of the entire amounts of construction costs, including interest during construction, which would be allocated to water supply for current use only and for both current and future uses. (ii) Whenever it shall make a determination, based upon the estimates and its own study, that the costs of the project for either or both uses may be amortized over the life of the project, but in no event to exceed fifty (50) years, it shall so advise the local interests in order that all local interests or any one (1) of them may be in a position to make a firm commitment to pay the cost of that part of the project, providing only for storage for current demand or need or to give reasonable assurances that demands for the use of such storage for both anticipated current and future demand or need will be made within a period of time which will permit the paying out of the costs within the life of the project. (D) (i) Whenever several entities of local interests are involved, the commission, acting in behalf of all of them on their request, may give the appropriate federal agency reasonable assurance, in writing, that the demands for the use of storage for anticipated future needs, as distinguished from anticipated current needs, will be made within a period of time which will permit the paying out of the costs within the life of the project. (ii) Nothing in this subdivision (4)(D) shall be so construed as to commit the state government either to pay or guarantee the payment of such costs, and a statement to that effect shall be contained in any such writing. (iii) The foregoing proviso shall not be so construed as to inhibit the right of the commission to pay any costs as related to anticipated future demand or need whenever it shall have been provided with funds for that purpose;

(A) Cooperate with counties, municipalities, and the respective instrumentalities thereof and other political subdivisions of the state and other local interests and with the United States Army Corps of Engineers, the United States Bureau of Reclamation, or other appropriate agency of the United States Government in the development and prosecution of plans for water supplies for domestic, municipal, industrial, and other purposes in connection with the construction, maintenance, and operation of federal navigation, flood control, irrigation, or multiple purpose projects whereof the project is of a character that storage or impoundment of water for present or anticipated future demand or need for the purposes stated in this subdivision (4)(A) may be included in any reservoir project in connection with any construction, operation, and maintenance.

(B) (i) Whenever, after having made a detailed study, in conjunction with local interests, of the anticipated present and future demand or need for water for the purposes stated in subdivision (4)(A) of this section, the commission shall be of the opinion that the plans should provide for the impounding of water for current use or for both current and future use, it shall so advise the appropriate federal agency. (ii) The commission shall also furnish the agency with a copy of its findings and determinations and the basis upon which the findings and determinations were made, including, but not limited to, estimates of quantities of water which will be required from time to time, the prospective users, and estimates of the amounts of revenues to be derived therefrom, together with additional or other information as shall be required to enable the federal agency to make a judgment as to the feasibility of including storage for the aforesaid purposes in any reservoir project.

(i) Whenever, after having made a detailed study, in conjunction with local interests, of the anticipated present and future demand or need for water for the purposes stated in subdivision (4)(A) of this section, the commission shall be of the opinion that the plans should provide for the impounding of water for current use or for both current and future use, it shall so advise the appropriate federal agency.

(ii) The commission shall also furnish the agency with a copy of its findings and determinations and the basis upon which the findings and determinations were made, including, but not limited to, estimates of quantities of water which will be required from time to time, the prospective users, and estimates of the amounts of revenues to be derived therefrom, together with additional or other information as shall be required to enable the federal agency to make a judgment as to the feasibility of including storage for the aforesaid purposes in any reservoir project.

(C) (i) The commission shall obtain from the appropriate federal agency an estimate of the entire amounts of construction costs, including interest during construction, which would be allocated to water supply for current use only and for both current and future uses. (ii) Whenever it shall make a determination, based upon the estimates and its own study, that the costs of the project for either or both uses may be amortized over the life of the project, but in no event to exceed fifty (50) years, it shall so advise the local interests in order that all local interests or any one (1) of them may be in a position to make a firm commitment to pay the cost of that part of the project, providing only for storage for current demand or need or to give reasonable assurances that demands for the use of such storage for both anticipated current and future demand or need will be made within a period of time which will permit the paying out of the costs within the life of the project.

(i) The commission shall obtain from the appropriate federal agency an estimate of the entire amounts of construction costs, including interest during construction, which would be allocated to water supply for current use only and for both current and future uses.

(ii) Whenever it shall make a determination, based upon the estimates and its own study, that the costs of the project for either or both uses may be amortized over the life of the project, but in no event to exceed fifty (50) years, it shall so advise the local interests in order that all local interests or any one (1) of them may be in a position to make a firm commitment to pay the cost of that part of the project, providing only for storage for current demand or need or to give reasonable assurances that demands for the use of such storage for both anticipated current and future demand or need will be made within a period of time which will permit the paying out of the costs within the life of the project.

(D) (i) Whenever several entities of local interests are involved, the commission, acting in behalf of all of them on their request, may give the appropriate federal agency reasonable assurance, in writing, that the demands for the use of storage for anticipated future needs, as distinguished from anticipated current needs, will be made within a period of time which will permit the paying out of the costs within the life of the project. (ii) Nothing in this subdivision (4)(D) shall be so construed as to commit the state government either to pay or guarantee the payment of such costs, and a statement to that effect shall be contained in any such writing. (iii) The foregoing proviso shall not be so construed as to inhibit the right of the commission to pay any costs as related to anticipated future demand or need whenever it shall have been provided with funds for that purpose;

(i) Whenever several entities of local interests are involved, the commission, acting in behalf of all of them on their request, may give the appropriate federal agency reasonable assurance, in writing, that the demands for the use of storage for anticipated future needs, as distinguished from anticipated current needs, will be made within a period of time which will permit the paying out of the costs within the life of the project.

(ii) Nothing in this subdivision (4)(D) shall be so construed as to commit the state government either to pay or guarantee the payment of such costs, and a statement to that effect shall be contained in any such writing.

(iii) The foregoing proviso shall not be so construed as to inhibit the right of the commission to pay any costs as related to anticipated future demand or need whenever it shall have been provided with funds for that purpose;

(5) Cooperate with the several federal agencies in the development of their plans for federal public works under the Public Works Acceleration Act, 42 U.S.C. §§ 2641-2643 , or other federal law of similar import in such projects as small watershed, river and harbor, flood control, and soil conservation, and promote river navigation and hydroelectric power;

(6) (A) Receive and expend any moneys arising from federal means, grants, contributions, gratuities, reimbursements, or loans payable or distributable to the State of Arkansas by the United States or any of its agencies or instrumentalities under any congressional act or rule or regulation of such an agency or instrumentality now or hereafter enacted or promulgated for or on account of any functions performable by the commission. (B) (i) (a) The commission shall likewise receive any contributions, grants, or gratuities donated by private persons, associations, or corporations for or on account of any of the functions aforesaid. (b) All moneys so received shall be deposited into the State Treasury unless provisions shall have otherwise been made by the respective federal agencies, private persons, associations, or corporations furnishing the funds. (ii) However, if the General Assembly fails to appropriate any such moneys for the use of the Department of Agriculture to support the commission or in the event the specified use of any such moneys precludes their deposit into the State Treasury, the commission may convert any such moneys to the Arkansas Water Development Fund, to be used for the purposes for which granted, donated, or received or as otherwise provided by this subchapter;

(A) Receive and expend any moneys arising from federal means, grants, contributions, gratuities, reimbursements, or loans payable or distributable to the State of Arkansas by the United States or any of its agencies or instrumentalities under any congressional act or rule or regulation of such an agency or instrumentality now or hereafter enacted or promulgated for or on account of any functions performable by the commission.

(B) (i) (a) The commission shall likewise receive any contributions, grants, or gratuities donated by private persons, associations, or corporations for or on account of any of the functions aforesaid. (b) All moneys so received shall be deposited into the State Treasury unless provisions shall have otherwise been made by the respective federal agencies, private persons, associations, or corporations furnishing the funds. (ii) However, if the General Assembly fails to appropriate any such moneys for the use of the Department of Agriculture to support the commission or in the event the specified use of any such moneys precludes their deposit into the State Treasury, the commission may convert any such moneys to the Arkansas Water Development Fund, to be used for the purposes for which granted, donated, or received or as otherwise provided by this subchapter;

(i) (a) The commission shall likewise receive any contributions, grants, or gratuities donated by private persons, associations, or corporations for or on account of any of the functions aforesaid. (b) All moneys so received shall be deposited into the State Treasury unless provisions shall have otherwise been made by the respective federal agencies, private persons, associations, or corporations furnishing the funds.

(a) The commission shall likewise receive any contributions, grants, or gratuities donated by private persons, associations, or corporations for or on account of any of the functions aforesaid.

(b) All moneys so received shall be deposited into the State Treasury unless provisions shall have otherwise been made by the respective federal agencies, private persons, associations, or corporations furnishing the funds.

(ii) However, if the General Assembly fails to appropriate any such moneys for the use of the Department of Agriculture to support the commission or in the event the specified use of any such moneys precludes their deposit into the State Treasury, the commission may convert any such moneys to the Arkansas Water Development Fund, to be used for the purposes for which granted, donated, or received or as otherwise provided by this subchapter;

(7) Contract and be contracted with;

(8) Take such other action, not inconsistent with law, as it shall deem necessary or desirable to carry out the purposes and intent of this subchapter; and

(9) (A) Execute, issue, and deliver binding and irrevocable conditional or unconditional commitments in the form of letters or other written instruments to lenders of every sort located within or outside the State of Arkansas evidencing the commission's binding, enforceable, and irrevocable commitment and obligation to provide fully amortizing or other permanent financing for water, sewer, solid waste, flood control, drainage, water pollution control abatement and prevention, wetlands, irrigation, and any other projects that the commission may finance under the financial assistance programs that it from time to time administers. (B) The commission may condition its obligation to provide fully amortizing or other permanent financing upon: (i) The obtaining of construction, acquisition, or other financing for a qualifying project by a lender acceptable to the commission located within or outside of the State of Arkansas; (ii) The completion of construction and operational certification of a qualifying project in accordance with commission requirements; (iii) The acquisition of a project deemed acceptable to the commission; (iv) The passage of a specified period of time; (v) The issuance of commission bonds or the availability of other commission funds; or (vi) Any other conditions of whatever nature that the commission may choose to include in the commitment letter.

(A) Execute, issue, and deliver binding and irrevocable conditional or unconditional commitments in the form of letters or other written instruments to lenders of every sort located within or outside the State of Arkansas evidencing the commission's binding, enforceable, and irrevocable commitment and obligation to provide fully amortizing or other permanent financing for water, sewer, solid waste, flood control, drainage, water pollution control abatement and prevention, wetlands, irrigation, and any other projects that the commission may finance under the financial assistance programs that it from time to time administers.

(B) The commission may condition its obligation to provide fully amortizing or other permanent financing upon: (i) The obtaining of construction, acquisition, or other financing for a qualifying project by a lender acceptable to the commission located within or outside of the State of Arkansas; (ii) The completion of construction and operational certification of a qualifying project in accordance with commission requirements; (iii) The acquisition of a project deemed acceptable to the commission; (iv) The passage of a specified period of time; (v) The issuance of commission bonds or the availability of other commission funds; or (vi) Any other conditions of whatever nature that the commission may choose to include in the commitment letter.

(i) The obtaining of construction, acquisition, or other financing for a qualifying project by a lender acceptable to the commission located within or outside of the State of Arkansas;

(ii) The completion of construction and operational certification of a qualifying project in accordance with commission requirements;

(iii) The acquisition of a project deemed acceptable to the commission;

(iv) The passage of a specified period of time;

(v) The issuance of commission bonds or the availability of other commission funds; or

(vi) Any other conditions of whatever nature that the commission may choose to include in the commitment letter.

Amended by Act 2019, No. 910,§ 60, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 59, eff. 7/1/2019.

Acts 1963, No. 14, § 11; 1963, No. 177, § 1; 1969, No. 217, § 7; A.S.A. 1947, § 9-128; Acts 1995, No. 688, § 1; 1997, No. 237, § 2.
Ark. Code Ann. § 15-22-704 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-704
Powers of commission
Status: in_force

In addition to powers conferred under other laws, the Arkansas Natural Resources Commission shall have the power under this subchapter to: (1) Provide loans from bond proceeds to cities, counties, improvement districts, conservation districts, or other political subdivisions or agencies and instrumentalities of the state for payment of project costs; (2) Construct or cause to be constructed with proceeds of loans or grants by the commission, lease as lessee, and in any manner acquire, own, hold, maintain, operate, sell, dispose of, lease as lessor, exchange, mortgage, or lend with respect to all or any part of any project; (3) Acquire, own, hold, use, exercise, sell, mortgage, pledge, hypothecate, and in any manner to dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate for the exercise of the powers or implementation of the purposes set forth in this subchapter; (4) Sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including, without limitation, franchises, rights, privileges, licenses, rights-of-way, and easements; (5) Have and exercise the right of eminent domain for the purpose of acquiring lands, the fee title thereto, or any easement, right-of-way, or other interest or estate therein for projects or portions thereof by the procedure now provided for condemnation by railroads by § 18-15-1201 et seq.; (6) Make or accept gifts or grants of moneys, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real, personal, or mixed; (7) Make any and all contracts necessary or convenient for the exercise of the powers or implementation of the purposes set forth in this subchapter; (8) Fix, regulate, and collect rates, fees, rents, or other charges for the use of any properties or services furnished by the commission; (9) Require audits of any or all accounts related to construction, operation, or maintenance of any project funded by this subchapter; (10) Take reasonable actions necessary to ensure that debt service requirements are met; and (11) Take such other action as may be appropriate to accomplish the purposes of this subchapter. Acts 1987, No. 686, § 13.

In addition to powers conferred under other laws, the Arkansas Natural Resources Commission shall have the power under this subchapter to:

(1) Provide loans from bond proceeds to cities, counties, improvement districts, conservation districts, or other political subdivisions or agencies and instrumentalities of the state for payment of project costs;

(2) Construct or cause to be constructed with proceeds of loans or grants by the commission, lease as lessee, and in any manner acquire, own, hold, maintain, operate, sell, dispose of, lease as lessor, exchange, mortgage, or lend with respect to all or any part of any project;

(3) Acquire, own, hold, use, exercise, sell, mortgage, pledge, hypothecate, and in any manner to dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate for the exercise of the powers or implementation of the purposes set forth in this subchapter;

(4) Sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including, without limitation, franchises, rights, privileges, licenses, rights-of-way, and easements;

(5) Have and exercise the right of eminent domain for the purpose of acquiring lands, the fee title thereto, or any easement, right-of-way, or other interest or estate therein for projects or portions thereof by the procedure now provided for condemnation by railroads by § 18-15-1201 et seq.;

(6) Make or accept gifts or grants of moneys, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real, personal, or mixed;

(7) Make any and all contracts necessary or convenient for the exercise of the powers or implementation of the purposes set forth in this subchapter;

(8) Fix, regulate, and collect rates, fees, rents, or other charges for the use of any properties or services furnished by the commission;

(9) Require audits of any or all accounts related to construction, operation, or maintenance of any project funded by this subchapter;

(10) Take reasonable actions necessary to ensure that debt service requirements are met; and

(11) Take such other action as may be appropriate to accomplish the purposes of this subchapter.

Acts 1987, No. 686, § 13.
Ark. Code Ann. § 15-72-106 — AR Code / Title 15 / Chapter 72 / Subchapter 1 / Section 15-72-106
Court review by aggrieved person - Injunction
Status: in_force

(a) Any interested person adversely affected by any statute of this state with respect to conservation of oil or gas, or both; by any provisions of this act; by any rule or order made by the Oil and Gas Commission hereunder; or by any act done or threatened hereunder, and who has exhausted his or her administrative remedy, may obtain court review and seek relief by a suit for injunction against the commission as defendant or against the members of the commission by suit in the circuit court of the county in which the property involved is located. (b) The suit shall have precedence over all other causes, proceedings, or suits on the docket of a different nature, and the attorney representing the commission may have the case set for trial after ten (10) days' notice to the plaintiff or his or her attorney. (c) In the trial, the burden of proof shall be upon the plaintiff, and all pertinent evidence with respect to the validity and reasonableness of the order of the commission complained of shall be admissible. (d) The statute, provision of this act, or the rule or order complained of shall be taken as prima facie valid, and such presumption shall not be overcome in connection with any application for injunctive relief, including temporary restraining order, by verified bill or affidavit of or in behalf of the applicant. (e) The right of review accorded by this section shall be inclusive of all other remedies, but the right of appeal shall lie as hereinafter set forth. Amended by Act 2019, No. 315,§ 1240, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1239, eff. 7/24/2019. Acts 1939, No. 105, § 17; A.S.A. 1947, § 53-117.

(a) Any interested person adversely affected by any statute of this state with respect to conservation of oil or gas, or both; by any provisions of this act; by any rule or order made by the Oil and Gas Commission hereunder; or by any act done or threatened hereunder, and who has exhausted his or her administrative remedy, may obtain court review and seek relief by a suit for injunction against the commission as defendant or against the members of the commission by suit in the circuit court of the county in which the property involved is located.

(b) The suit shall have precedence over all other causes, proceedings, or suits on the docket of a different nature, and the attorney representing the commission may have the case set for trial after ten (10) days' notice to the plaintiff or his or her attorney.

(c) In the trial, the burden of proof shall be upon the plaintiff, and all pertinent evidence with respect to the validity and reasonableness of the order of the commission complained of shall be admissible.

(d) The statute, provision of this act, or the rule or order complained of shall be taken as prima facie valid, and such presumption shall not be overcome in connection with any application for injunctive relief, including temporary restraining order, by verified bill or affidavit of or in behalf of the applicant.

(e) The right of review accorded by this section shall be inclusive of all other remedies, but the right of appeal shall lie as hereinafter set forth.

Amended by Act 2019, No. 315,§ 1240, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1239, eff. 7/24/2019.

Acts 1939, No. 105, § 17; A.S.A. 1947, § 53-117.
Ark. Code Ann. § 15-73-308 — AR Code / Title 15 / Chapter 73 / Subchapter 3 / Section 15-73-308
Expiration, forfeiture, or cancellation of lease - New lease
Status: in_force

If any lease executed under the provisions of this subchapter shall forfeit, expire, become cancelled, or be rescinded before the death of the life tenant, the life tenant may execute a new lease in the manner provided by this subchapter, but in that case the court shall not allow him or her any further proportion of the minerals, but may allow him or her all or any part of the consideration and the rentals as may seem to the court to be equitable and just. Acts 1929, No. 76, § 8; Pope's Dig., § 1807; A.S.A. 1947, § 53-310.

If any lease executed under the provisions of this subchapter shall forfeit, expire, become cancelled, or be rescinded before the death of the life tenant, the life tenant may execute a new lease in the manner provided by this subchapter, but in that case the court shall not allow him or her any further proportion of the minerals, but may allow him or her all or any part of the consideration and the rentals as may seem to the court to be equitable and just.

Acts 1929, No. 76, § 8; Pope's Dig., § 1807; A.S.A. 1947, § 53-310.
Ark. Code Ann. § 15-4-1004 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1004
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 3; A.S.A. 1947, § 67-1629; Acts 2003, No. 860, § 2.

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017.

Acts 1985, No. 410, § 3; A.S.A. 1947, § 67-1629; Acts 2003, No. 860, § 2.