Ark. Code Ann. § 15-12-101 — AR Code / Title 15 / Chapter 12 / Section 15-12-101
Creation - Members - Meetings
Status: in_force

(a) There is established the Arkansas Natural and Cultural Resources Council, which shall consist of eleven (11) voting members as follows: (1) The Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; (2) The Director of the Division of Arkansas Heritage or his or her designee; (3) The Chair of the State Parks, Recreation, and Travel Commission or his or her designee; (4) The Chair of the Arkansas Natural Heritage Commission or his or her designee; (5) The Commissioner of State Lands; (6) (A) Two (2) resident electors of this state appointed by the Governor as public members who are representatives of recreation groups, conservation groups, or other groups interested in the wise use, preservation, and conservation of Arkansas's natural or cultural resources. (B) One (1) member appointed under this subdivision (a)(6) shall represent rural areas, and the Governor shall consult the Arkansas Forestry Association before making the appointment. (C) One (1) member appointed under this subdivision (a)(6) shall represent urban areas, and the Governor shall consult the organizations described in subdivision (a)(6)(A) of this section before making the appointment; (7) (A) One (1) member appointed by the Governor subject to confirmation by the Senate to represent Arkansas cities and towns. (B) The member appointed under subdivision (a)(7)(A) of this section shall serve a term of two (2) years or until his or her successor is appointed and qualified. (C) The Governor shall consult the Arkansas Municipal League before making an appointment under this subdivision (a)(7); (8) (A) One (1) member appointed by the Governor subject to confirmation by the Senate to represent Arkansas counties. (B) The member appointed under subdivision (a)(8)(A) of this section shall serve a term of two (2) years or until his or her successor is appointed and qualified. (C) The Governor shall consult the County Judges Association of Arkansas before making an appointment under this subdivision (a)(8); (9) One (1) member appointed by the Speaker of the House of Representatives; and (10) One (1) member appointed by the President Pro Tempore of the Senate. (b) Members of the council shall serve without pay. However: (1) (A) The Secretary of the Department of Parks, Heritage, and Tourism, or his or her designee, the Director of the Division of Arkansas Heritage, or his or her designee, the Chair of the State Parks, Recreation, and Travel Commission or his or her designee, and the Chair of the Arkansas Natural Heritage Commission or his or her designee may receive expense reimbursement for attending meetings of the council as provided by § 25-16-902 . (B) Expense reimbursement under subdivision (b)(1)(A) of this section shall be paid from funds appropriated for the support of the Department of Parks, Heritage, and Tourism, the Division of Arkansas Heritage, the State Parks, Recreation, and Travel Commission, and the Arkansas Natural Heritage Commission, respectively; and (2) (A) The appointees to the council under subdivisions (a)(6)-(10) of this section, including the city and county representatives on the council, may receive expense reimbursement for reasonable and necessary expenses incurred for meals, lodging, and travel in attending council meetings. (B) Expense reimbursement under subdivision (b)(2)(A) of this section shall be paid from funds appropriated for the support of the department. (c) All action by the council shall be taken by the vote of a majority of the members of the council. (d) (1) The council shall organize by choosing one (1) of its voting members to serve as Chair of the Arkansas Natural and Cultural Resources Council and shall elect such other officers as deemed necessary for the functioning of the council. (2) The Secretary of the Department of Parks, Heritage, and Tourism shall serve as Secretary of the Arkansas Natural and Cultural Resources Council and shall serve as disbursing officer of any funds appropriated for or administered by the council. (e) The council shall meet on call of the chair or upon written request of not fewer than four (4) voting members or at such times as provided in rules adopted by the council. Amended by Act 2019, No. 910,§ 5663, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5662, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5661, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5660, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 23, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 14, eff. 7/22/2015. Acts 1987, No. 729, §§ 1, 2; 1991, No. 786, § 15; 1997, No. 250, § 103; 1997, No. 1354, § 33; 1997, No. 1357, § 3; 2001, No. 1288, §§ 9, 10.

(a) There is established the Arkansas Natural and Cultural Resources Council, which shall consist of eleven (11) voting members as follows: (1) The Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; (2) The Director of the Division of Arkansas Heritage or his or her designee; (3) The Chair of the State Parks, Recreation, and Travel Commission or his or her designee; (4) The Chair of the Arkansas Natural Heritage Commission or his or her designee; (5) The Commissioner of State Lands; (6) (A) Two (2) resident electors of this state appointed by the Governor as public members who are representatives of recreation groups, conservation groups, or other groups interested in the wise use, preservation, and conservation of Arkansas's natural or cultural resources. (B) One (1) member appointed under this subdivision (a)(6) shall represent rural areas, and the Governor shall consult the Arkansas Forestry Association before making the appointment. (C) One (1) member appointed under this subdivision (a)(6) shall represent urban areas, and the Governor shall consult the organizations described in subdivision (a)(6)(A) of this section before making the appointment; (7) (A) One (1) member appointed by the Governor subject to confirmation by the Senate to represent Arkansas cities and towns. (B) The member appointed under subdivision (a)(7)(A) of this section shall serve a term of two (2) years or until his or her successor is appointed and qualified. (C) The Governor shall consult the Arkansas Municipal League before making an appointment under this subdivision (a)(7); (8) (A) One (1) member appointed by the Governor subject to confirmation by the Senate to represent Arkansas counties. (B) The member appointed under subdivision (a)(8)(A) of this section shall serve a term of two (2) years or until his or her successor is appointed and qualified. (C) The Governor shall consult the County Judges Association of Arkansas before making an appointment under this subdivision (a)(8); (9) One (1) member appointed by the Speaker of the House of Representatives; and (10) One (1) member appointed by the President Pro Tempore of the Senate.

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

(2) The Director of the Division of Arkansas Heritage or his or her designee;

(3) The Chair of the State Parks, Recreation, and Travel Commission or his or her designee;

(4) The Chair of the Arkansas Natural Heritage Commission or his or her designee;

(5) The Commissioner of State Lands;

(6) (A) Two (2) resident electors of this state appointed by the Governor as public members who are representatives of recreation groups, conservation groups, or other groups interested in the wise use, preservation, and conservation of Arkansas's natural or cultural resources. (B) One (1) member appointed under this subdivision (a)(6) shall represent rural areas, and the Governor shall consult the Arkansas Forestry Association before making the appointment. (C) One (1) member appointed under this subdivision (a)(6) shall represent urban areas, and the Governor shall consult the organizations described in subdivision (a)(6)(A) of this section before making the appointment;

(A) Two (2) resident electors of this state appointed by the Governor as public members who are representatives of recreation groups, conservation groups, or other groups interested in the wise use, preservation, and conservation of Arkansas's natural or cultural resources.

(B) One (1) member appointed under this subdivision (a)(6) shall represent rural areas, and the Governor shall consult the Arkansas Forestry Association before making the appointment.

(C) One (1) member appointed under this subdivision (a)(6) shall represent urban areas, and the Governor shall consult the organizations described in subdivision (a)(6)(A) of this section before making the appointment;

(7) (A) One (1) member appointed by the Governor subject to confirmation by the Senate to represent Arkansas cities and towns. (B) The member appointed under subdivision (a)(7)(A) of this section shall serve a term of two (2) years or until his or her successor is appointed and qualified. (C) The Governor shall consult the Arkansas Municipal League before making an appointment under this subdivision (a)(7);

(A) One (1) member appointed by the Governor subject to confirmation by the Senate to represent Arkansas cities and towns.

(B) The member appointed under subdivision (a)(7)(A) of this section shall serve a term of two (2) years or until his or her successor is appointed and qualified.

(C) The Governor shall consult the Arkansas Municipal League before making an appointment under this subdivision (a)(7);

(8) (A) One (1) member appointed by the Governor subject to confirmation by the Senate to represent Arkansas counties. (B) The member appointed under subdivision (a)(8)(A) of this section shall serve a term of two (2) years or until his or her successor is appointed and qualified. (C) The Governor shall consult the County Judges Association of Arkansas before making an appointment under this subdivision (a)(8);

(A) One (1) member appointed by the Governor subject to confirmation by the Senate to represent Arkansas counties.

(B) The member appointed under subdivision (a)(8)(A) of this section shall serve a term of two (2) years or until his or her successor is appointed and qualified.

(C) The Governor shall consult the County Judges Association of Arkansas before making an appointment under this subdivision (a)(8);

(9) One (1) member appointed by the Speaker of the House of Representatives; and

(10) One (1) member appointed by the President Pro Tempore of the Senate.

(b) Members of the council shall serve without pay. However: (1) (A) The Secretary of the Department of Parks, Heritage, and Tourism, or his or her designee, the Director of the Division of Arkansas Heritage, or his or her designee, the Chair of the State Parks, Recreation, and Travel Commission or his or her designee, and the Chair of the Arkansas Natural Heritage Commission or his or her designee may receive expense reimbursement for attending meetings of the council as provided by § 25-16-902 . (B) Expense reimbursement under subdivision (b)(1)(A) of this section shall be paid from funds appropriated for the support of the Department of Parks, Heritage, and Tourism, the Division of Arkansas Heritage, the State Parks, Recreation, and Travel Commission, and the Arkansas Natural Heritage Commission, respectively; and (2) (A) The appointees to the council under subdivisions (a)(6)-(10) of this section, including the city and county representatives on the council, may receive expense reimbursement for reasonable and necessary expenses incurred for meals, lodging, and travel in attending council meetings. (B) Expense reimbursement under subdivision (b)(2)(A) of this section shall be paid from funds appropriated for the support of the department.

(1) (A) The Secretary of the Department of Parks, Heritage, and Tourism, or his or her designee, the Director of the Division of Arkansas Heritage, or his or her designee, the Chair of the State Parks, Recreation, and Travel Commission or his or her designee, and the Chair of the Arkansas Natural Heritage Commission or his or her designee may receive expense reimbursement for attending meetings of the council as provided by § 25-16-902 . (B) Expense reimbursement under subdivision (b)(1)(A) of this section shall be paid from funds appropriated for the support of the Department of Parks, Heritage, and Tourism, the Division of Arkansas Heritage, the State Parks, Recreation, and Travel Commission, and the Arkansas Natural Heritage Commission, respectively; and

(A) The Secretary of the Department of Parks, Heritage, and Tourism, or his or her designee, the Director of the Division of Arkansas Heritage, or his or her designee, the Chair of the State Parks, Recreation, and Travel Commission or his or her designee, and the Chair of the Arkansas Natural Heritage Commission or his or her designee may receive expense reimbursement for attending meetings of the council as provided by § 25-16-902 .

(B) Expense reimbursement under subdivision (b)(1)(A) of this section shall be paid from funds appropriated for the support of the Department of Parks, Heritage, and Tourism, the Division of Arkansas Heritage, the State Parks, Recreation, and Travel Commission, and the Arkansas Natural Heritage Commission, respectively; and

(2) (A) The appointees to the council under subdivisions (a)(6)-(10) of this section, including the city and county representatives on the council, may receive expense reimbursement for reasonable and necessary expenses incurred for meals, lodging, and travel in attending council meetings. (B) Expense reimbursement under subdivision (b)(2)(A) of this section shall be paid from funds appropriated for the support of the department.

(A) The appointees to the council under subdivisions (a)(6)-(10) of this section, including the city and county representatives on the council, may receive expense reimbursement for reasonable and necessary expenses incurred for meals, lodging, and travel in attending council meetings.

(B) Expense reimbursement under subdivision (b)(2)(A) of this section shall be paid from funds appropriated for the support of the department.

(c) All action by the council shall be taken by the vote of a majority of the members of the council.

(d) (1) The council shall organize by choosing one (1) of its voting members to serve as Chair of the Arkansas Natural and Cultural Resources Council and shall elect such other officers as deemed necessary for the functioning of the council. (2) The Secretary of the Department of Parks, Heritage, and Tourism shall serve as Secretary of the Arkansas Natural and Cultural Resources Council and shall serve as disbursing officer of any funds appropriated for or administered by the council.

(1) The council shall organize by choosing one (1) of its voting members to serve as Chair of the Arkansas Natural and Cultural Resources Council and shall elect such other officers as deemed necessary for the functioning of the council.

(2) The Secretary of the Department of Parks, Heritage, and Tourism shall serve as Secretary of the Arkansas Natural and Cultural Resources Council and shall serve as disbursing officer of any funds appropriated for or administered by the council.

(e) The council shall meet on call of the chair or upon written request of not fewer than four (4) voting members or at such times as provided in rules adopted by the council.

Amended by Act 2019, No. 910,§ 5663, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5662, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5661, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5660, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 23, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 14, eff. 7/22/2015.

Acts 1987, No. 729, §§ 1, 2; 1991, No. 786, § 15; 1997, No. 250, § 103; 1997, No. 1354, § 33; 1997, No. 1357, § 3; 2001, No. 1288, §§ 9, 10.
Ark. Code Ann. § 15-47-103 — AR Code / Title 15 / Chapter 47 / Subchapter 1 / Section 15-47-103
Wildlife Recreation Facilities Pilot Program
Status: in_force

(a) There is created a program to be known as the "Wildlife Recreation Facilities Pilot Program". (b) The program shall be developed, implemented, and administered by the Rural Services Division of the Arkansas Economic Development Commission with the assistance of the Arkansas State Game and Fish Commission. (c) The purpose of the program is to: (1) Create better access to outdoor wildlife recreational activities for Arkansans; (2) Attract tourists for the enjoyment and utilization of wildlife sports, including hunting and fishing; (3) Ignite interest in the wildlife resources and nature appreciation activities of Arkansas; and (4) Promote economic development in the state through the use and enjoyment of the state's abundant wildlife resources. (d) The division and the Arkansas State Game and Fish Commission agree to work cooperatively to establish criteria and recommendations for wildlife recreation facilities, including without limitation the development of community ponds, shooting ranges, community fishing, and access areas for fishing for the enjoyment of the wildlife resources of the state by our citizens and visitors to the state who are attracted to Arkansas's abundant wildlife resources. (e) The division and the Arkansas State Game and Fish Commission agree to develop plans and review the needs and requirements for the construction and development of wildlife recreation facilities under the program. (f) The division, with the assistance and advice of the Arkansas State Game and Fish Commission, shall establish criteria for the wildlife recreation facilities by the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for the development of wildlife recreation facilities in the program. Amended by Act 2015EX1, No. 8,§ 130, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 130, eff. 7/1/2015. Acts 2009, No. 687, § 1.

(a) There is created a program to be known as the "Wildlife Recreation Facilities Pilot Program".

(b) The program shall be developed, implemented, and administered by the Rural Services Division of the Arkansas Economic Development Commission with the assistance of the Arkansas State Game and Fish Commission.

(c) The purpose of the program is to: (1) Create better access to outdoor wildlife recreational activities for Arkansans; (2) Attract tourists for the enjoyment and utilization of wildlife sports, including hunting and fishing; (3) Ignite interest in the wildlife resources and nature appreciation activities of Arkansas; and (4) Promote economic development in the state through the use and enjoyment of the state's abundant wildlife resources.

(1) Create better access to outdoor wildlife recreational activities for Arkansans;

(2) Attract tourists for the enjoyment and utilization of wildlife sports, including hunting and fishing;

(3) Ignite interest in the wildlife resources and nature appreciation activities of Arkansas; and

(4) Promote economic development in the state through the use and enjoyment of the state's abundant wildlife resources.

(d) The division and the Arkansas State Game and Fish Commission agree to work cooperatively to establish criteria and recommendations for wildlife recreation facilities, including without limitation the development of community ponds, shooting ranges, community fishing, and access areas for fishing for the enjoyment of the wildlife resources of the state by our citizens and visitors to the state who are attracted to Arkansas's abundant wildlife resources.

(e) The division and the Arkansas State Game and Fish Commission agree to develop plans and review the needs and requirements for the construction and development of wildlife recreation facilities under the program.

(f) The division, with the assistance and advice of the Arkansas State Game and Fish Commission, shall establish criteria for the wildlife recreation facilities by the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for the development of wildlife recreation facilities in the program.

Amended by Act 2015EX1, No. 8,§ 130, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 130, eff. 7/1/2015.

Acts 2009, No. 687, § 1.
Ark. Code Ann. § 15-4-403 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-403
Definitions
Status: in_force

As used in this subchapter: (1) "Council" means the Arkansas Economic Development Council; (2) "Division" means the Division of Minority Business Enterprise of the Arkansas Economic Development Commission; (3) "Small business concern" means small business firms in this state owned and operated by: (A) Socially and economically disadvantaged individuals who are qualified to receive federally secured loans through small business investment companies licensed by the United States Small Business Administration; and (B) Small business firms owned and operated by persons of limited financial means; and (4) "Small business investment company" means a small business investment company organized and chartered under the business corporation or nonprofit corporation statutes of this state or formed as a limited partnership for the purpose of making investment loans for capital improvements and expansion to persons whose participation in the free enterprise system is hampered because of social or economic disadvantages, as authorized in 15 U.S.C. § 681(d) [repealed], or because of limited financial means. Acts 1985, No. 869, § 3; A.S.A. 1947, § 9-571; Acts 1997, No. 540, §§ 26, 71.

As used in this subchapter:

(1) "Council" means the Arkansas Economic Development Council;

(2) "Division" means the Division of Minority Business Enterprise of the Arkansas Economic Development Commission;

(3) "Small business concern" means small business firms in this state owned and operated by: (A) Socially and economically disadvantaged individuals who are qualified to receive federally secured loans through small business investment companies licensed by the United States Small Business Administration; and (B) Small business firms owned and operated by persons of limited financial means; and

(A) Socially and economically disadvantaged individuals who are qualified to receive federally secured loans through small business investment companies licensed by the United States Small Business Administration; and

(B) Small business firms owned and operated by persons of limited financial means; and

(4) "Small business investment company" means a small business investment company organized and chartered under the business corporation or nonprofit corporation statutes of this state or formed as a limited partnership for the purpose of making investment loans for capital improvements and expansion to persons whose participation in the free enterprise system is hampered because of social or economic disadvantages, as authorized in 15 U.S.C. § 681(d) [repealed], or because of limited financial means.

Acts 1985, No. 869, § 3; A.S.A. 1947, § 9-571; Acts 1997, No. 540, §§ 26, 71.
Ark. Code Ann. § 15-5-602 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-602
Delegation of functions
Status: in_force

The President of the Arkansas Development Finance Authority may delegate in writing functions under this subchapter to other officers and employees within the Arkansas Development Finance Authority. Acts 1987, No. 900, § 8.

The President of the Arkansas Development Finance Authority may delegate in writing functions under this subchapter to other officers and employees within the Arkansas Development Finance Authority.

Acts 1987, No. 900, § 8.
Ark. Code Ann. § 15-11-505 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-505
Standards for preliminary and final approval of companies and projects
Status: in_force

(a) The Director of the Arkansas Economic Development Commission shall establish standards for final approval of eligible companies and their tourism attraction projects by the promulgation of administrative rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) The director shall obtain the review and advice of the Secretary of the Department of Parks, Heritage, and Tourism prior to designating an entity as an approved company eligible for the tourism incentive. (c) The director may give approval by designating an eligible company as an approved company and authorizing the undertaking of the tourism attraction project. (d) The director shall review the information that has been made available to the director in order to determine whether the tourism attraction project will further the purposes of this subchapter. (e) The criteria for final approval of eligible companies and tourism attraction projects shall include, but shall not be limited to, the criteria set forth in § 15-11-504(c) . (f) After a review of the relevant materials, other information made available to the director, the completion of other inquiries, and the review and advice of the Secretary of the Department of Parks, Heritage, and Tourism, the director may give final approval to the eligible company's application for a tourism attraction project and may grant the approval to the eligible company in the form of a financial incentive agreement. Amended by Act 2019, No. 315,§ 1106, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 454, eff. 7/1/2019. Acts 1997, No. 291, § 5; 1999, No. 1135, § 3; 2005, No. 2308, § 3; 2007, No. 1039, § 1.

(a) The Director of the Arkansas Economic Development Commission shall establish standards for final approval of eligible companies and their tourism attraction projects by the promulgation of administrative rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) The director shall obtain the review and advice of the Secretary of the Department of Parks, Heritage, and Tourism prior to designating an entity as an approved company eligible for the tourism incentive.

(c) The director may give approval by designating an eligible company as an approved company and authorizing the undertaking of the tourism attraction project.

(d) The director shall review the information that has been made available to the director in order to determine whether the tourism attraction project will further the purposes of this subchapter.

(e) The criteria for final approval of eligible companies and tourism attraction projects shall include, but shall not be limited to, the criteria set forth in § 15-11-504(c) .

(f) After a review of the relevant materials, other information made available to the director, the completion of other inquiries, and the review and advice of the Secretary of the Department of Parks, Heritage, and Tourism, the director may give final approval to the eligible company's application for a tourism attraction project and may grant the approval to the eligible company in the form of a financial incentive agreement.

Amended by Act 2019, No. 315,§ 1106, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 454, eff. 7/1/2019.

Acts 1997, No. 291, § 5; 1999, No. 1135, § 3; 2005, No. 2308, § 3; 2007, No. 1039, § 1.
Ark. Code Ann. § 15-5-1401 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Venture Capital Investment Act of 2001". Acts 2001, No. 1791, § 1.

This subchapter shall be known and may be cited as the "Venture Capital Investment Act of 2001".

Acts 2001, No. 1791, § 1.
Ark. Code Ann. § 15-22-622 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-622
Expediting cases
Status: in_force

All cases involving the validity of this subchapter or any portion thereof or in any way arising under this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause. All appeals from judgments or decrees rendered in these cases must be taken within thirty (30) days after the rendition of the judgment or decree. Acts 1981, No. 496, § 20; A.S.A. 1947, § 21-2320.

All cases involving the validity of this subchapter or any portion thereof or in any way arising under this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause. All appeals from judgments or decrees rendered in these cases must be taken within thirty (30) days after the rendition of the judgment or decree.

Acts 1981, No. 496, § 20; A.S.A. 1947, § 21-2320.
Ark. Code Ann. § 15-75-310 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-310
Class four permit
Status: in_force

The holder of a class four permit: (1) May sell and install liquefied petroleum gas equipment used on internal combustion engines, permanently mounted on mobile equipment only; (2) May not deliver liquefied petroleum gas; (3) May not sell or install any other type of containers or appliances; (4) Must comply with all applicable requirements; and (5) Must pay an annual permit fee in the sum of fifty dollars ($50.00). Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 6.

The holder of a class four permit:

(1) May sell and install liquefied petroleum gas equipment used on internal combustion engines, permanently mounted on mobile equipment only;

(2) May not deliver liquefied petroleum gas;

(3) May not sell or install any other type of containers or appliances;

(4) Must comply with all applicable requirements; and

(5) Must pay an annual permit fee in the sum of fifty dollars ($50.00).

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 6.
Ark. Code Ann. § 15-4-911 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-911
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 7; A.S.A. 1947, § 67-1607.

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017.

Acts 1957, No. 567, § 7; A.S.A. 1947, § 67-1607.
Ark. Code Ann. § 15-22-407 — AR Code / Title 15 / Chapter 22 / Subchapter 4 / Section 15-22-407
Prohibition on recording deed before payment of expenses
Status: in_force

It shall be unlawful for any county recorder to record a deed or allow the same to be done by any deputy without first demanding and procuring payment of all items of expense on record as provided in §§ 15-22-405 and 15-22-406 . Acts 1949, No. 478, § 6; A.S.A. 1947, § 21-1106.

It shall be unlawful for any county recorder to record a deed or allow the same to be done by any deputy without first demanding and procuring payment of all items of expense on record as provided in §§ 15-22-405 and 15-22-406 .

Acts 1949, No. 478, § 6; A.S.A. 1947, § 21-1106.
Ark. Code Ann. § 15-20-402 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-402
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property; (2) "Holder" means: (A) Any state agency, county, city of the first class or city of the second class, or incorporated town empowered to hold an interest in real property under the laws of this state or the United States; or (B) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property; and (3) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder. Acts 1983, No. 567, § 1; A.S.A. 1947, § 50-1201.

As used in this subchapter, unless the context otherwise requires:

(1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property;

(2) "Holder" means: (A) Any state agency, county, city of the first class or city of the second class, or incorporated town empowered to hold an interest in real property under the laws of this state or the United States; or (B) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property; and

(A) Any state agency, county, city of the first class or city of the second class, or incorporated town empowered to hold an interest in real property under the laws of this state or the United States; or

(B) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property; and

(3) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.

Acts 1983, No. 567, § 1; A.S.A. 1947, § 50-1201.
Ark. Code Ann. § 15-58-102 — AR Code / Title 15 / Chapter 58 / Subchapter 1 / Section 15-58-102
Legislative findings
Status: in_force

The General Assembly of the State of Arkansas finds, and it is declared that: (1) (A) The extraction of coal from the earth by surface mining in this state is a significant economic activity, is an integral part of the growth and development of this state, and is important to supply energy to the people of this state. (B) It is, therefore, essential to the people of this state to ensure the existence of an expanding and economically healthy surface and underground coal mining industry; (2) The process of surface coal mining must be accomplished in a manner to reduce so far as practicable the adverse social, economic, and environmental effects of surface mining and to protect the general welfare, health, safety, and property rights of the people of this state; (3) Because surface coal mining in this state takes place in areas where the terrain, climate, biological, chemical, and other physical conditions are peculiar to this state and because the Division of Environmental Quality is familiar with these conditions, the division has the primary responsibility to develop, issue, and enforce rules for surface mining and reclamation operations in this state pursuant to this chapter and in compliance with applicable federal laws, rules, and regulations; (4) (A) The United States Congress has enacted the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the establishment of a nationwide program to regulate surface coal mining and reclamation and which vests exclusive authority in the United States Department of the Interior over the regulation of surface coal mining and reclamation within the United States. Section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state may assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state by obtaining approval of a state program of regulation that demonstrates that the state has the capability of carrying out the provisions and meeting the purposes of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87. (B) Section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, further provides that a state wishing to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state must have a state law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; and (5) (A) The United States Congress has enacted the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the establishment of a nationwide program to promote reclamation of mined areas in the country left without adequate reclamation to be funded by a reclamation fee paid by all surface coal mining operators. Section 402 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state may develop a state abandoned mine reclamation program to enable the state to develop and carry out projects for the reclamation of abandoned mines within the state. (B) The United States Secretary of the Interior will allocate funds to this state under the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, for the purpose of operating the state abandoned mine reclamation program. (C) Section 405 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that, prior to approval of the state abandoned mine reclamation plan, the state must have adopted state legislation necessary to carry out the purposes of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87. Amended by Act 2019, No. 315,§ 1171, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3137, eff. 7/1/2019. Acts 1979, No. 134, § 2; A.S.A. 1947, § 52-936; Acts 1999, No. 1164, § 142; 2011, No. 279, § 1.

The General Assembly of the State of Arkansas finds, and it is declared that:

(1) (A) The extraction of coal from the earth by surface mining in this state is a significant economic activity, is an integral part of the growth and development of this state, and is important to supply energy to the people of this state. (B) It is, therefore, essential to the people of this state to ensure the existence of an expanding and economically healthy surface and underground coal mining industry;

(A) The extraction of coal from the earth by surface mining in this state is a significant economic activity, is an integral part of the growth and development of this state, and is important to supply energy to the people of this state.

(B) It is, therefore, essential to the people of this state to ensure the existence of an expanding and economically healthy surface and underground coal mining industry;

(2) The process of surface coal mining must be accomplished in a manner to reduce so far as practicable the adverse social, economic, and environmental effects of surface mining and to protect the general welfare, health, safety, and property rights of the people of this state;

(3) Because surface coal mining in this state takes place in areas where the terrain, climate, biological, chemical, and other physical conditions are peculiar to this state and because the Division of Environmental Quality is familiar with these conditions, the division has the primary responsibility to develop, issue, and enforce rules for surface mining and reclamation operations in this state pursuant to this chapter and in compliance with applicable federal laws, rules, and regulations;

(4) (A) The United States Congress has enacted the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the establishment of a nationwide program to regulate surface coal mining and reclamation and which vests exclusive authority in the United States Department of the Interior over the regulation of surface coal mining and reclamation within the United States. Section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state may assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state by obtaining approval of a state program of regulation that demonstrates that the state has the capability of carrying out the provisions and meeting the purposes of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87. (B) Section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, further provides that a state wishing to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state must have a state law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; and

(A) The United States Congress has enacted the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the establishment of a nationwide program to regulate surface coal mining and reclamation and which vests exclusive authority in the United States Department of the Interior over the regulation of surface coal mining and reclamation within the United States. Section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state may assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state by obtaining approval of a state program of regulation that demonstrates that the state has the capability of carrying out the provisions and meeting the purposes of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87.

(B) Section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, further provides that a state wishing to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state must have a state law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; and

(5) (A) The United States Congress has enacted the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the establishment of a nationwide program to promote reclamation of mined areas in the country left without adequate reclamation to be funded by a reclamation fee paid by all surface coal mining operators. Section 402 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state may develop a state abandoned mine reclamation program to enable the state to develop and carry out projects for the reclamation of abandoned mines within the state. (B) The United States Secretary of the Interior will allocate funds to this state under the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, for the purpose of operating the state abandoned mine reclamation program. (C) Section 405 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that, prior to approval of the state abandoned mine reclamation plan, the state must have adopted state legislation necessary to carry out the purposes of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87.

(A) The United States Congress has enacted the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the establishment of a nationwide program to promote reclamation of mined areas in the country left without adequate reclamation to be funded by a reclamation fee paid by all surface coal mining operators. Section 402 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state may develop a state abandoned mine reclamation program to enable the state to develop and carry out projects for the reclamation of abandoned mines within the state.

(B) The United States Secretary of the Interior will allocate funds to this state under the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, for the purpose of operating the state abandoned mine reclamation program.

(C) Section 405 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that, prior to approval of the state abandoned mine reclamation plan, the state must have adopted state legislation necessary to carry out the purposes of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87.

Amended by Act 2019, No. 315,§ 1171, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3137, eff. 7/1/2019.

Acts 1979, No. 134, § 2; A.S.A. 1947, § 52-936; Acts 1999, No. 1164, § 142; 2011, No. 279, § 1.
Ark. Code Ann. § 15-6-102 — AR Code / Title 15 / Chapter 6 / Section 15-6-102
Legislative intent
Status: in_force

(a) The General Assembly finds and declares that: (1) Federal, state, and local resources and individual effort available to address rural needs are often isolated and limited to individual symptoms of blight and deterioration. Related programs are frequently inaccessible to the residents they are designed to serve. The placement of such programs within the various organizational structures is indistinct and many localities have inadequate numbers of managerial, professional, or technical personnel to pursue such assistance. Additionally, many public and private agencies also lack adequate staffing to adapt programs and services to the special needs and requirements of citizens and their environs. This situation has contributed to a growing confusion and disintegrating force that discourages coordinated individual policy and program development and delivery of services intended to address the needs of rural localities and citizens. Consequently, the energies and resources of the many individual federal, state, and local, public, and private initiatives that could help answer rural needs and capitalize on the strengths of these areas are often frustrated or diminished in their effort; (2) An important role and challenge for state government, therefore, is to get diverse groups to work together for the betterment of Arkansas and to combine their efforts in imaginative ways to the end that all regions of the state may always offer the highest possible quality of life and cultural and material standards of living without sacrificing individual freedom or responsibility. The General Assembly believes that such individual efforts can be significantly enhanced and can support and sustain each other in the public interest, and many useful and innovative responses to rural needs will be possible if a more focused and coordinated interdisciplinary approach for addressing these problems and opportunities is made available through state government; (3) The General Assembly seeks to amplify the efforts of existing agencies and individuals who are interested in such rural policy areas as economic development and employment, local government and management, business, agriculture, environment, land use, natural resources, community revitalization, human services and community life, health care, education, transportation, community facilities, and housing; and (4) Since no state office has been specifically created to promote, harmonize, or assist efforts to address the unique needs, conditions, and strengths of rural areas of the state, it is, therefore, the intent of the General Assembly to create the Arkansas Rural Development Commission and the Rural Services Division of the Arkansas Economic Development Commission. The division shall serve as the focal point for generating rural development policy initiatives for the State of Arkansas. (b) The division shall: (1) Serve as a single contact point for rural governments, service providers, state and federal agencies, and for individuals interested in rural policies and programs of the state; (2) Strive to promote cooperative and integrated efforts among such agencies and programs that are designed to address rural needs; and (3) Recommend to the Governor and to the General Assembly the suitable use of policies, programs, long-range plans, laws, and regulatory mechanisms in order to meet such needs. Amended by Act 2015EX1, No. 8,§ 124, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 123, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 124, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 123, eff. 7/1/2015. Acts 1991, No. 302, § 2; 1999, No. 935, § 1.

(a) The General Assembly finds and declares that: (1) Federal, state, and local resources and individual effort available to address rural needs are often isolated and limited to individual symptoms of blight and deterioration. Related programs are frequently inaccessible to the residents they are designed to serve. The placement of such programs within the various organizational structures is indistinct and many localities have inadequate numbers of managerial, professional, or technical personnel to pursue such assistance. Additionally, many public and private agencies also lack adequate staffing to adapt programs and services to the special needs and requirements of citizens and their environs. This situation has contributed to a growing confusion and disintegrating force that discourages coordinated individual policy and program development and delivery of services intended to address the needs of rural localities and citizens. Consequently, the energies and resources of the many individual federal, state, and local, public, and private initiatives that could help answer rural needs and capitalize on the strengths of these areas are often frustrated or diminished in their effort; (2) An important role and challenge for state government, therefore, is to get diverse groups to work together for the betterment of Arkansas and to combine their efforts in imaginative ways to the end that all regions of the state may always offer the highest possible quality of life and cultural and material standards of living without sacrificing individual freedom or responsibility. The General Assembly believes that such individual efforts can be significantly enhanced and can support and sustain each other in the public interest, and many useful and innovative responses to rural needs will be possible if a more focused and coordinated interdisciplinary approach for addressing these problems and opportunities is made available through state government; (3) The General Assembly seeks to amplify the efforts of existing agencies and individuals who are interested in such rural policy areas as economic development and employment, local government and management, business, agriculture, environment, land use, natural resources, community revitalization, human services and community life, health care, education, transportation, community facilities, and housing; and (4) Since no state office has been specifically created to promote, harmonize, or assist efforts to address the unique needs, conditions, and strengths of rural areas of the state, it is, therefore, the intent of the General Assembly to create the Arkansas Rural Development Commission and the Rural Services Division of the Arkansas Economic Development Commission. The division shall serve as the focal point for generating rural development policy initiatives for the State of Arkansas.

(1) Federal, state, and local resources and individual effort available to address rural needs are often isolated and limited to individual symptoms of blight and deterioration. Related programs are frequently inaccessible to the residents they are designed to serve. The placement of such programs within the various organizational structures is indistinct and many localities have inadequate numbers of managerial, professional, or technical personnel to pursue such assistance. Additionally, many public and private agencies also lack adequate staffing to adapt programs and services to the special needs and requirements of citizens and their environs. This situation has contributed to a growing confusion and disintegrating force that discourages coordinated individual policy and program development and delivery of services intended to address the needs of rural localities and citizens. Consequently, the energies and resources of the many individual federal, state, and local, public, and private initiatives that could help answer rural needs and capitalize on the strengths of these areas are often frustrated or diminished in their effort;

(2) An important role and challenge for state government, therefore, is to get diverse groups to work together for the betterment of Arkansas and to combine their efforts in imaginative ways to the end that all regions of the state may always offer the highest possible quality of life and cultural and material standards of living without sacrificing individual freedom or responsibility. The General Assembly believes that such individual efforts can be significantly enhanced and can support and sustain each other in the public interest, and many useful and innovative responses to rural needs will be possible if a more focused and coordinated interdisciplinary approach for addressing these problems and opportunities is made available through state government;

(3) The General Assembly seeks to amplify the efforts of existing agencies and individuals who are interested in such rural policy areas as economic development and employment, local government and management, business, agriculture, environment, land use, natural resources, community revitalization, human services and community life, health care, education, transportation, community facilities, and housing; and

(4) Since no state office has been specifically created to promote, harmonize, or assist efforts to address the unique needs, conditions, and strengths of rural areas of the state, it is, therefore, the intent of the General Assembly to create the Arkansas Rural Development Commission and the Rural Services Division of the Arkansas Economic Development Commission. The division shall serve as the focal point for generating rural development policy initiatives for the State of Arkansas.

(b) The division shall: (1) Serve as a single contact point for rural governments, service providers, state and federal agencies, and for individuals interested in rural policies and programs of the state; (2) Strive to promote cooperative and integrated efforts among such agencies and programs that are designed to address rural needs; and (3) Recommend to the Governor and to the General Assembly the suitable use of policies, programs, long-range plans, laws, and regulatory mechanisms in order to meet such needs.

(1) Serve as a single contact point for rural governments, service providers, state and federal agencies, and for individuals interested in rural policies and programs of the state;

(2) Strive to promote cooperative and integrated efforts among such agencies and programs that are designed to address rural needs; and

(3) Recommend to the Governor and to the General Assembly the suitable use of policies, programs, long-range plans, laws, and regulatory mechanisms in order to meet such needs.

Amended by Act 2015EX1, No. 8,§ 124, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 123, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 124, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 123, eff. 7/1/2015.

Acts 1991, No. 302, § 2; 1999, No. 935, § 1.
Ark. Code Ann. § 15-30-106 — AR Code / Title 15 / Chapter 30 / Subchapter 1 / Section 15-30-106
Application of other law
Status: in_force

A prescribed burning conducted in compliance with this subchapter is not subject to the open-air fire provisions in §§ 20-22-301 - 20-22-306 . Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.

A prescribed burning conducted in compliance with this subchapter is not subject to the open-air fire provisions in §§ 20-22-301 - 20-22-306 .

Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 15-20-102 — AR Code / Title 15 / Chapter 20 / Subchapter 1 / Section 15-20-102
Liquid animal waste management systems
Status: in_force

(a) In consultation with the Division of Environmental Quality, the Department of Agriculture has authority over all liquid animal waste management systems in this state, including without limitation the authority to: (1) Promulgate rules related to liquid animal waste management systems; (2) Issue and modify permits related to liquid animal waste management systems; (3) Approve design plans and site requirements related to liquid animal waste management systems; and (4) Take any other action related to liquid animal waste management systems. (b) (1) The department shall promulgate rules to implement this section. (2) In promulgating rules to implement this section, the department shall consider the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. (c) (1) An application for a new state permit for a liquid animal waste management system or an application for modification of an existing state permit for a liquid animal waste management system shall be filed with the department. (2) If an application for modification of an existing state permit for a liquid animal waste management system is filed with the department, only those permit conditions subject to the modification are open for review. (3) (A) Except as provided in subdivision (c)(3)(B) of this section, an existing state permit for a liquid animal waste management system that is in good standing is not subject to review or third-party appeal for siting or location issues that were not raised during the applicable review or appeal period at the time of permit issuance. (B) Subdivision (c)(3)(A) of this section does not limit the authority of the department to address or enforce a violation of permit conditions or applicable law. (d) This section does not affect the authority of the: (1) Arkansas Natural Resources Commission under the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, § 15-20-1101 et seq.; or (2) Division of Environmental Quality under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. Added by Act 2023, No. 824,§ 2, eff. 8/1/2023.

(a) In consultation with the Division of Environmental Quality, the Department of Agriculture has authority over all liquid animal waste management systems in this state, including without limitation the authority to: (1) Promulgate rules related to liquid animal waste management systems; (2) Issue and modify permits related to liquid animal waste management systems; (3) Approve design plans and site requirements related to liquid animal waste management systems; and (4) Take any other action related to liquid animal waste management systems.

(1) Promulgate rules related to liquid animal waste management systems;

(2) Issue and modify permits related to liquid animal waste management systems;

(3) Approve design plans and site requirements related to liquid animal waste management systems; and

(4) Take any other action related to liquid animal waste management systems.

(b) (1) The department shall promulgate rules to implement this section. (2) In promulgating rules to implement this section, the department shall consider the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(1) The department shall promulgate rules to implement this section.

(2) In promulgating rules to implement this section, the department shall consider the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(c) (1) An application for a new state permit for a liquid animal waste management system or an application for modification of an existing state permit for a liquid animal waste management system shall be filed with the department. (2) If an application for modification of an existing state permit for a liquid animal waste management system is filed with the department, only those permit conditions subject to the modification are open for review. (3) (A) Except as provided in subdivision (c)(3)(B) of this section, an existing state permit for a liquid animal waste management system that is in good standing is not subject to review or third-party appeal for siting or location issues that were not raised during the applicable review or appeal period at the time of permit issuance. (B) Subdivision (c)(3)(A) of this section does not limit the authority of the department to address or enforce a violation of permit conditions or applicable law.

(1) An application for a new state permit for a liquid animal waste management system or an application for modification of an existing state permit for a liquid animal waste management system shall be filed with the department.

(2) If an application for modification of an existing state permit for a liquid animal waste management system is filed with the department, only those permit conditions subject to the modification are open for review.

(3) (A) Except as provided in subdivision (c)(3)(B) of this section, an existing state permit for a liquid animal waste management system that is in good standing is not subject to review or third-party appeal for siting or location issues that were not raised during the applicable review or appeal period at the time of permit issuance. (B) Subdivision (c)(3)(A) of this section does not limit the authority of the department to address or enforce a violation of permit conditions or applicable law.

(A) Except as provided in subdivision (c)(3)(B) of this section, an existing state permit for a liquid animal waste management system that is in good standing is not subject to review or third-party appeal for siting or location issues that were not raised during the applicable review or appeal period at the time of permit issuance.

(B) Subdivision (c)(3)(A) of this section does not limit the authority of the department to address or enforce a violation of permit conditions or applicable law.

(d) This section does not affect the authority of the: (1) Arkansas Natural Resources Commission under the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, § 15-20-1101 et seq.; or (2) Division of Environmental Quality under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(1) Arkansas Natural Resources Commission under the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, § 15-20-1101 et seq.; or

(2) Division of Environmental Quality under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

Added by Act 2023, No. 824,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 15-58-207 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-207
Public hearing - Procedures
Status: in_force

(a) The Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission shall give public notice of each of the following pending, proposed, or requested actions: (1) The director, upon receipt of any completed application for an initial or revised permit or renewal under §§ 15-58-502 - 15-58-508 ; (2) The director, upon receipt of any request by an operator for a variance or amendment to an issued permit under §§ 15-58-502 - 15-58-508 ; (3) The commission, upon receipt of any proposal for the designation of lands as unsuitable for surface mining under § 15-58-501 ; (4) The commission, upon receipt of any proposal for the use of land acquired pursuant to the state abandoned mine reclamation program; or (5) The commission, in any rulemaking proceeding under § 15-58-204 . (b) Notice shall be circulated in accordance with the rules issued by the commission to inform interested and potentially interested persons of the pending action. (c) (1) Interested persons shall be afforded a period of not less than thirty (30) days after the last publication of the above notice to submit written objections or comments. (2) Comments and objections shall be immediately transmitted to the applicant or permittee and shall be made available to the public. (3) If a public hearing is requested by an interested person on or before ten (10) days of receipt of the objections and in accordance with the rules issued by the commission, public notice shall be given in accordance with the rules issued by the commission. (4) A public hearing shall be held for the purpose of receiving relevant evidence. (d) Any person shall be permitted to submit oral or written statements concerning the subject matter of the public hearing, to call witnesses who may present oral statements, and to present recommendations as to an appropriate decision. (e) (1) An electronic or stenographic record shall be made of the hearing, unless waived by all parties. (2) All written statements and similar data offered in evidence, subject to exclusion by the examiner for reasons of redundancy, shall be received in evidence and shall constitute part of the record. (f) If a public hearing is held under this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action and shall give public notice of its decision within sixty (60) days of the hearing. (g) (1) If there has been no public hearing held pursuant to this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action within a reasonable time and in accordance with rules issued by the commission. (2) Parties shall be notified by mail with a copy of the decision. (3) Public notice shall be given of the decision in accordance with the rules issued by the commission. (h) Within thirty (30) days of the public notice of the final decision of the director or the commission, any person with an interest which is or may be adversely affected may request review of the reasons for the final determination of the director or the commission in accordance with this chapter. Amended by Act 2019, No. 315,§ 1189, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1188, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1187, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3145, eff. 7/1/2019. Acts 1979, No. 134, § 28; A.S.A. 1947, § 52-962; Acts 2011, No. 279, § 4.

(a) The Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission shall give public notice of each of the following pending, proposed, or requested actions: (1) The director, upon receipt of any completed application for an initial or revised permit or renewal under §§ 15-58-502 - 15-58-508 ; (2) The director, upon receipt of any request by an operator for a variance or amendment to an issued permit under §§ 15-58-502 - 15-58-508 ; (3) The commission, upon receipt of any proposal for the designation of lands as unsuitable for surface mining under § 15-58-501 ; (4) The commission, upon receipt of any proposal for the use of land acquired pursuant to the state abandoned mine reclamation program; or (5) The commission, in any rulemaking proceeding under § 15-58-204 .

(1) The director, upon receipt of any completed application for an initial or revised permit or renewal under §§ 15-58-502 - 15-58-508 ;

(2) The director, upon receipt of any request by an operator for a variance or amendment to an issued permit under §§ 15-58-502 - 15-58-508 ;

(3) The commission, upon receipt of any proposal for the designation of lands as unsuitable for surface mining under § 15-58-501 ;

(4) The commission, upon receipt of any proposal for the use of land acquired pursuant to the state abandoned mine reclamation program; or

(5) The commission, in any rulemaking proceeding under § 15-58-204 .

(b) Notice shall be circulated in accordance with the rules issued by the commission to inform interested and potentially interested persons of the pending action.

(c) (1) Interested persons shall be afforded a period of not less than thirty (30) days after the last publication of the above notice to submit written objections or comments. (2) Comments and objections shall be immediately transmitted to the applicant or permittee and shall be made available to the public. (3) If a public hearing is requested by an interested person on or before ten (10) days of receipt of the objections and in accordance with the rules issued by the commission, public notice shall be given in accordance with the rules issued by the commission. (4) A public hearing shall be held for the purpose of receiving relevant evidence.

(1) Interested persons shall be afforded a period of not less than thirty (30) days after the last publication of the above notice to submit written objections or comments.

(2) Comments and objections shall be immediately transmitted to the applicant or permittee and shall be made available to the public.

(3) If a public hearing is requested by an interested person on or before ten (10) days of receipt of the objections and in accordance with the rules issued by the commission, public notice shall be given in accordance with the rules issued by the commission.

(4) A public hearing shall be held for the purpose of receiving relevant evidence.

(d) Any person shall be permitted to submit oral or written statements concerning the subject matter of the public hearing, to call witnesses who may present oral statements, and to present recommendations as to an appropriate decision.

(e) (1) An electronic or stenographic record shall be made of the hearing, unless waived by all parties. (2) All written statements and similar data offered in evidence, subject to exclusion by the examiner for reasons of redundancy, shall be received in evidence and shall constitute part of the record.

(1) An electronic or stenographic record shall be made of the hearing, unless waived by all parties.

(2) All written statements and similar data offered in evidence, subject to exclusion by the examiner for reasons of redundancy, shall be received in evidence and shall constitute part of the record.

(f) If a public hearing is held under this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action and shall give public notice of its decision within sixty (60) days of the hearing.

(g) (1) If there has been no public hearing held pursuant to this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action within a reasonable time and in accordance with rules issued by the commission. (2) Parties shall be notified by mail with a copy of the decision. (3) Public notice shall be given of the decision in accordance with the rules issued by the commission.

(1) If there has been no public hearing held pursuant to this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action within a reasonable time and in accordance with rules issued by the commission.

(2) Parties shall be notified by mail with a copy of the decision.

(3) Public notice shall be given of the decision in accordance with the rules issued by the commission.

(h) Within thirty (30) days of the public notice of the final decision of the director or the commission, any person with an interest which is or may be adversely affected may request review of the reasons for the final determination of the director or the commission in accordance with this chapter.

Amended by Act 2019, No. 315,§ 1189, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1188, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1187, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3145, eff. 7/1/2019.

Acts 1979, No. 134, § 28; A.S.A. 1947, § 52-962; Acts 2011, No. 279, § 4.
Ark. Code Ann. § 15-22-1304 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1304
Gubernatorial approval
Status: in_force

(a) When gubernatorial approval is required by the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq., as amended, or any other federal or state law, the Governor may approve the issuance of bonds by the Arkansas Natural Resources Commission upon receipt of written request for approval from the commission. (b) The written request shall state that the commission has conducted a public hearing pursuant to appropriate public notice concerning the purposes for which the bonds are to be issued. (c) The written request shall also summarize the comments made and questions posed at the public hearing. Amended by Act 2019, No. 910,§ 84, eff. 7/1/2019. Acts 2003, No. 598, § 1.

(a) When gubernatorial approval is required by the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq., as amended, or any other federal or state law, the Governor may approve the issuance of bonds by the Arkansas Natural Resources Commission upon receipt of written request for approval from the commission.

(b) The written request shall state that the commission has conducted a public hearing pursuant to appropriate public notice concerning the purposes for which the bonds are to be issued.

(c) The written request shall also summarize the comments made and questions posed at the public hearing.

Amended by Act 2019, No. 910,§ 84, eff. 7/1/2019.

Acts 2003, No. 598, § 1.
Ark. Code Ann. § 15-76-321 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-321
Judicial review
Status: in_force

(a) Any interested person adversely affected by any provisions of this subchapter or 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 the members thereof, 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 subchapter, or rule or order complained of shall be taken as prima facie valid, and the presumption shall not be overcome, in connection with any application for injunctive relief, including a temporary restraining order, by a 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,§ 1284, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1283, eff. 7/24/2019. Acts 1979, No. 937, § 14; A.S.A. 1947, § 53-1314.

(a) Any interested person adversely affected by any provisions of this subchapter or 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 the members thereof, 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 subchapter, or rule or order complained of shall be taken as prima facie valid, and the presumption shall not be overcome, in connection with any application for injunctive relief, including a temporary restraining order, by a 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,§ 1284, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1283, eff. 7/24/2019.

Acts 1979, No. 937, § 14; A.S.A. 1947, § 53-1314.
Ark. Code Ann. § 15-57-404 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-404
Notification of intent to quarry
Status: in_force

(a) (1) Except for operators of quarries excluded by § 15-57-403(b) , any operator desiring to engage in quarrying shall complete a notification of intent to quarry which when submitted to the Division of Environmental Quality by certified mail will entitle said operator to conduct quarry operations. (2) (A) For all active quarries, as of January 1, 1998, a notification of intent must be on file or in process at the division. (B) For all new quarries to be opened after January 1, 1998, a notification of intent must be on file or in process at the division before the operator may begin quarry operations. (3) The notification shall be accompanied by the payment of a fee of two hundred fifty dollars ($250). (4) The submittal shall be an agreement between the operator and the division. (5) The operator shall pay an annual fee to the division in the amount of twenty-five dollars ($25.00) per acre of affected land, not to exceed one thousand dollars ($1,000) per quarry. (6) The notification of intent shall include one (1) copy of the following: (A) The company name, officers, majority of ownership, on-site superintendents, addresses, name of quarry, phone numbers, anticipated start up and shut down dates; (B) The following right to quarry, signed and notarized: Click here to view form. (C) A location map which contains the following: (i) A seven-and-a-half-foot topographic quad map as prepared by the United States Geological Survey; (ii) Clearly marked legal boundaries of area to be quarried; (iii) Clearly defined entrances onto public roads; (iv) Present use of the property; and (v) A legal description; (D) A five-year quarry operation map which contains the following: (i) Scaled dimensions, that is, one to two hundred (1:200); (ii) Approximate property boundaries; (iii) The location and identification of all affected lands to the nearest acre, anticipated for up to five (5) years; (iv) All pertinent manmade and natural structures including the plant location and the location of safeguarding items as required by § 15-57-410 ; (v) Location of topsoil and spoil stockpiles; (vi) Entrances onto public roads; and (vii) Areas of natural rock exposure (no topsoil or spoil); and (E) Notification of intent to reclaim quarry: Click here to view form. (b) The operator's financial plan for reclamation will include: (1) An estimate of reclamation cost; and (2) An acceptable bond or substitute security. (c) All operators will have sixty (60) days to correct any errors or omissions to a notification of intent if notified by the division that a notification of intent is incomplete. (d) A fine of not more than one hundred dollars ($100) per day, per citation, may be levied against an operator whose notification of intent is not completed and on file in the division within sixty (60) days after receipt of notice by the division of errors and omissions in the first filing. The maximum fine is five thousand dollars ($5,000). (e) A fine of not more than one hundred dollars ($100) per day, per citation, may be levied against operators which are found to be out of compliance with these requirements. The maximum fine is five thousand dollars ($5,000). Amended by Act 2019, No. 315,§ 1169, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3119, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3118, eff. 7/1/2019. Acts 1997, No. 1166, § 4.

(a) (1) Except for operators of quarries excluded by § 15-57-403(b) , any operator desiring to engage in quarrying shall complete a notification of intent to quarry which when submitted to the Division of Environmental Quality by certified mail will entitle said operator to conduct quarry operations. (2) (A) For all active quarries, as of January 1, 1998, a notification of intent must be on file or in process at the division. (B) For all new quarries to be opened after January 1, 1998, a notification of intent must be on file or in process at the division before the operator may begin quarry operations. (3) The notification shall be accompanied by the payment of a fee of two hundred fifty dollars ($250). (4) The submittal shall be an agreement between the operator and the division. (5) The operator shall pay an annual fee to the division in the amount of twenty-five dollars ($25.00) per acre of affected land, not to exceed one thousand dollars ($1,000) per quarry. (6) The notification of intent shall include one (1) copy of the following: (A) The company name, officers, majority of ownership, on-site superintendents, addresses, name of quarry, phone numbers, anticipated start up and shut down dates; (B) The following right to quarry, signed and notarized: Click here to view form. (C) A location map which contains the following: (i) A seven-and-a-half-foot topographic quad map as prepared by the United States Geological Survey; (ii) Clearly marked legal boundaries of area to be quarried; (iii) Clearly defined entrances onto public roads; (iv) Present use of the property; and (v) A legal description; (D) A five-year quarry operation map which contains the following: (i) Scaled dimensions, that is, one to two hundred (1:200); (ii) Approximate property boundaries; (iii) The location and identification of all affected lands to the nearest acre, anticipated for up to five (5) years; (iv) All pertinent manmade and natural structures including the plant location and the location of safeguarding items as required by § 15-57-410 ; (v) Location of topsoil and spoil stockpiles; (vi) Entrances onto public roads; and (vii) Areas of natural rock exposure (no topsoil or spoil); and (E) Notification of intent to reclaim quarry: Click here to view form.

(1) Except for operators of quarries excluded by § 15-57-403(b) , any operator desiring to engage in quarrying shall complete a notification of intent to quarry which when submitted to the Division of Environmental Quality by certified mail will entitle said operator to conduct quarry operations.

(2) (A) For all active quarries, as of January 1, 1998, a notification of intent must be on file or in process at the division. (B) For all new quarries to be opened after January 1, 1998, a notification of intent must be on file or in process at the division before the operator may begin quarry operations.

(A) For all active quarries, as of January 1, 1998, a notification of intent must be on file or in process at the division.

(B) For all new quarries to be opened after January 1, 1998, a notification of intent must be on file or in process at the division before the operator may begin quarry operations.

(3) The notification shall be accompanied by the payment of a fee of two hundred fifty dollars ($250).

(4) The submittal shall be an agreement between the operator and the division.

(5) The operator shall pay an annual fee to the division in the amount of twenty-five dollars ($25.00) per acre of affected land, not to exceed one thousand dollars ($1,000) per quarry.

(6) The notification of intent shall include one (1) copy of the following: (A) The company name, officers, majority of ownership, on-site superintendents, addresses, name of quarry, phone numbers, anticipated start up and shut down dates; (B) The following right to quarry, signed and notarized: Click here to view form. (C) A location map which contains the following: (i) A seven-and-a-half-foot topographic quad map as prepared by the United States Geological Survey; (ii) Clearly marked legal boundaries of area to be quarried; (iii) Clearly defined entrances onto public roads; (iv) Present use of the property; and (v) A legal description; (D) A five-year quarry operation map which contains the following: (i) Scaled dimensions, that is, one to two hundred (1:200); (ii) Approximate property boundaries; (iii) The location and identification of all affected lands to the nearest acre, anticipated for up to five (5) years; (iv) All pertinent manmade and natural structures including the plant location and the location of safeguarding items as required by § 15-57-410 ; (v) Location of topsoil and spoil stockpiles; (vi) Entrances onto public roads; and (vii) Areas of natural rock exposure (no topsoil or spoil); and (E) Notification of intent to reclaim quarry: Click here to view form.

(A) The company name, officers, majority of ownership, on-site superintendents, addresses, name of quarry, phone numbers, anticipated start up and shut down dates;

(B) The following right to quarry, signed and notarized: Click here to view form.

Click here to view form.

(C) A location map which contains the following: (i) A seven-and-a-half-foot topographic quad map as prepared by the United States Geological Survey; (ii) Clearly marked legal boundaries of area to be quarried; (iii) Clearly defined entrances onto public roads; (iv) Present use of the property; and (v) A legal description;

(i) A seven-and-a-half-foot topographic quad map as prepared by the United States Geological Survey;

(ii) Clearly marked legal boundaries of area to be quarried;

(iii) Clearly defined entrances onto public roads;

(iv) Present use of the property; and

(v) A legal description;

(D) A five-year quarry operation map which contains the following: (i) Scaled dimensions, that is, one to two hundred (1:200); (ii) Approximate property boundaries; (iii) The location and identification of all affected lands to the nearest acre, anticipated for up to five (5) years; (iv) All pertinent manmade and natural structures including the plant location and the location of safeguarding items as required by § 15-57-410 ; (v) Location of topsoil and spoil stockpiles; (vi) Entrances onto public roads; and (vii) Areas of natural rock exposure (no topsoil or spoil); and

(i) Scaled dimensions, that is, one to two hundred (1:200);

(ii) Approximate property boundaries;

(iii) The location and identification of all affected lands to the nearest acre, anticipated for up to five (5) years;

(iv) All pertinent manmade and natural structures including the plant location and the location of safeguarding items as required by § 15-57-410 ;

(v) Location of topsoil and spoil stockpiles;

(vi) Entrances onto public roads; and

(vii) Areas of natural rock exposure (no topsoil or spoil); and

(E) Notification of intent to reclaim quarry: Click here to view form.

Click here to view form.

(b) The operator's financial plan for reclamation will include: (1) An estimate of reclamation cost; and (2) An acceptable bond or substitute security.

(1) An estimate of reclamation cost; and

(2) An acceptable bond or substitute security.

(c) All operators will have sixty (60) days to correct any errors or omissions to a notification of intent if notified by the division that a notification of intent is incomplete.

(d) A fine of not more than one hundred dollars ($100) per day, per citation, may be levied against an operator whose notification of intent is not completed and on file in the division within sixty (60) days after receipt of notice by the division of errors and omissions in the first filing. The maximum fine is five thousand dollars ($5,000).

(e) A fine of not more than one hundred dollars ($100) per day, per citation, may be levied against operators which are found to be out of compliance with these requirements. The maximum fine is five thousand dollars ($5,000).

Amended by Act 2019, No. 315,§ 1169, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3119, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3118, eff. 7/1/2019.

Acts 1997, No. 1166, § 4.

57_404_1 - Attachment

57_404_2 - Attachment
Ark. Code Ann. § 15-57-310 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-310
Necessity of permit - Effective date
Status: in_force

(a) It shall be unlawful for any operator to engage in open-cut mining without first obtaining from the Division of Environmental Quality a permit to do so in the form required by the division. (b) An operator shall be deemed to be engaged in open-cut mining when he or she affects any land in preparation for open-cut mining. (c) (1) The Arkansas Department of Transportation or its contractor is not required to obtain a permit for an open-cut mine when the material is used exclusively in the construction, reconstruction, improvement, or maintenance of roadways. (2) Reclamation of the area shall conform to the standard specifications for highway construction upon discontinuation of use of the pit for the construction, reconstruction, improvement, or maintenance of roadways. (3) The occasional sale of material to the department by an operator does not exempt the operator from complying with his or her permit requirements or from the requirements of this subchapter. (4) When reclamation requirements of the operator will interfere with a contractual agreement with the department, the operator shall be allowed to revise the operator's reclamation plan and schedule of completion accordingly and in keeping with the declaration of policy of this subchapter. (d) (1) Nothing in this subchapter shall be construed to require any operator to reclaim or revegetate any area affected by open-cut mining prior to July 1, 1971. (2) Nothing in this subchapter shall be construed to require any operator to reclaim or revegetate any previously exempted excavation sites such as soil and shale pits that were affected and abandoned prior to January 1, 1999. (3) Nothing in this subchapter shall be construed to apply to the removal of soil, shale, or stone at a quarry operation that is regulated under the Arkansas Quarry Operation, Reclamation, and Safe Closure Act, § 15-57-401 et seq. (4) Nothing in this subchapter shall be construed to apply to any excavation activity associated with the improvement or maintenance of any agricultural lands or associated irrigation systems. (e) The requirements of this subchapter shall not apply to the noncommercial removal of clay, bauxite, sand, gravel, soil, shale, or other materials from lands by the owner of said lands or by a contractor hired by the owner for the exclusive use by the landowner for construction, improvement, or maintenance of roads on any of the owner's lands, for any environmental improvements to previously disturbed lands, or for the concurrent or short-term excavation of materials for ninety (90) days or less during the construction of buildings either for residential, commercial, or industrial purposes. (f) (1) The mining of gravel or other materials from streams or stream beds shall comply with the permitting requirements of this subchapter. (2) There shall be no mining in streams designated as "extraordinary resource waters" of the state, as established in water quality standards duly promulgated by the Arkansas Pollution Control and Ecology Commission for all surface waters of the State of Arkansas. (g) (1) The division shall develop rules to implement the provisions of this chapter. (2) The division shall develop documentation that will guide an operator through the permitting process. Amended by Act 2019, No. 315,§ 1161, eff. 7/24/2019. Amended by Act 2019, No. 384,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3083, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3082, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 37, eff. 8/1/2017. Acts 1991, No. 827, § 9; 1993, No. 378, § 1; 1995, No. 1345, § 2; 1999, No. 1526, § 4.

(a) It shall be unlawful for any operator to engage in open-cut mining without first obtaining from the Division of Environmental Quality a permit to do so in the form required by the division.

(b) An operator shall be deemed to be engaged in open-cut mining when he or she affects any land in preparation for open-cut mining.

(c) (1) The Arkansas Department of Transportation or its contractor is not required to obtain a permit for an open-cut mine when the material is used exclusively in the construction, reconstruction, improvement, or maintenance of roadways. (2) Reclamation of the area shall conform to the standard specifications for highway construction upon discontinuation of use of the pit for the construction, reconstruction, improvement, or maintenance of roadways. (3) The occasional sale of material to the department by an operator does not exempt the operator from complying with his or her permit requirements or from the requirements of this subchapter. (4) When reclamation requirements of the operator will interfere with a contractual agreement with the department, the operator shall be allowed to revise the operator's reclamation plan and schedule of completion accordingly and in keeping with the declaration of policy of this subchapter.

(1) The Arkansas Department of Transportation or its contractor is not required to obtain a permit for an open-cut mine when the material is used exclusively in the construction, reconstruction, improvement, or maintenance of roadways.

(2) Reclamation of the area shall conform to the standard specifications for highway construction upon discontinuation of use of the pit for the construction, reconstruction, improvement, or maintenance of roadways.

(3) The occasional sale of material to the department by an operator does not exempt the operator from complying with his or her permit requirements or from the requirements of this subchapter.

(4) When reclamation requirements of the operator will interfere with a contractual agreement with the department, the operator shall be allowed to revise the operator's reclamation plan and schedule of completion accordingly and in keeping with the declaration of policy of this subchapter.

(d) (1) Nothing in this subchapter shall be construed to require any operator to reclaim or revegetate any area affected by open-cut mining prior to July 1, 1971. (2) Nothing in this subchapter shall be construed to require any operator to reclaim or revegetate any previously exempted excavation sites such as soil and shale pits that were affected and abandoned prior to January 1, 1999. (3) Nothing in this subchapter shall be construed to apply to the removal of soil, shale, or stone at a quarry operation that is regulated under the Arkansas Quarry Operation, Reclamation, and Safe Closure Act, § 15-57-401 et seq. (4) Nothing in this subchapter shall be construed to apply to any excavation activity associated with the improvement or maintenance of any agricultural lands or associated irrigation systems.

(1) Nothing in this subchapter shall be construed to require any operator to reclaim or revegetate any area affected by open-cut mining prior to July 1, 1971.

(2) Nothing in this subchapter shall be construed to require any operator to reclaim or revegetate any previously exempted excavation sites such as soil and shale pits that were affected and abandoned prior to January 1, 1999.

(3) Nothing in this subchapter shall be construed to apply to the removal of soil, shale, or stone at a quarry operation that is regulated under the Arkansas Quarry Operation, Reclamation, and Safe Closure Act, § 15-57-401 et seq.

(4) Nothing in this subchapter shall be construed to apply to any excavation activity associated with the improvement or maintenance of any agricultural lands or associated irrigation systems.

(e) The requirements of this subchapter shall not apply to the noncommercial removal of clay, bauxite, sand, gravel, soil, shale, or other materials from lands by the owner of said lands or by a contractor hired by the owner for the exclusive use by the landowner for construction, improvement, or maintenance of roads on any of the owner's lands, for any environmental improvements to previously disturbed lands, or for the concurrent or short-term excavation of materials for ninety (90) days or less during the construction of buildings either for residential, commercial, or industrial purposes.

(f) (1) The mining of gravel or other materials from streams or stream beds shall comply with the permitting requirements of this subchapter. (2) There shall be no mining in streams designated as "extraordinary resource waters" of the state, as established in water quality standards duly promulgated by the Arkansas Pollution Control and Ecology Commission for all surface waters of the State of Arkansas.

(1) The mining of gravel or other materials from streams or stream beds shall comply with the permitting requirements of this subchapter.

(2) There shall be no mining in streams designated as "extraordinary resource waters" of the state, as established in water quality standards duly promulgated by the Arkansas Pollution Control and Ecology Commission for all surface waters of the State of Arkansas.

(g) (1) The division shall develop rules to implement the provisions of this chapter. (2) The division shall develop documentation that will guide an operator through the permitting process.

(1) The division shall develop rules to implement the provisions of this chapter.

(2) The division shall develop documentation that will guide an operator through the permitting process.

Amended by Act 2019, No. 315,§ 1161, eff. 7/24/2019.

Amended by Act 2019, No. 384,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3083, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3082, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 37, eff. 8/1/2017.

Acts 1991, No. 827, § 9; 1993, No. 378, § 1; 1995, No. 1345, § 2; 1999, No. 1526, § 4.
Ark. Code Ann. § 15-5-1806 — AR Code / Title 15 / Chapter 5 / Subchapter 18 / Section 15-5-1806
Tax exemption
Status: in_force

The interest on the bonds issued under this subchapter shall be exempt from state, county, and municipal income, inheritance, and estate taxes. Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.

The interest on the bonds issued under this subchapter shall be exempt from state, county, and municipal income, inheritance, and estate taxes.

Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-20-802 — AR Code / Title 15 / Chapter 20 / Subchapter 8 / Section 15-20-802
Commission authorized to pledge or sell loans or other securities
Status: in_force

(a) (1) The Arkansas Natural Resources Commission is authorized to pledge or sell loans or undivided interests in pools of loans to investors in consideration for the payment to the commission of cash or cash equivalents. (2) The commission is further authorized to: (A) Sell the loans or undivided interests in pools of loans to investors at par, a premium, or a discount; (B) Pledge the loans or undivided interests in pools of loans to investors as security for repayment of commission indebtedness to the investors; or (C) Otherwise use the loans or undivided interests in pools of loans to collateralize or secure other financial relationships with investors as the commission may deem appropriate. (b) (1) The commission is authorized to supplement its sale, pledge, or other use of the loans with any form of transaction enhancement that the commission may deem appropriate and that the financial advisor deems fair and reasonable. (2) Specifically, the commission may: (A) Establish a cash reserve against which defaulting loans may be offset; (B) Agree to replace defaulted loans with other loans that the commission subsequently originates or otherwise possesses; (C) Agree to repurchase defaulted loans; (D) Sell to investors loans having a collective face value in excess of the par value of the consideration received from the pool sale or pledge in order to provide a pool of loans from which defaulting loans can be offset or replaced; or (E) Purchase or provide any other form of transaction enhancement as the commission may deem necessary. (c) The commission is authorized to: (1) Sell participation certificates or other indicia of ownership to investors that shall evidence the investor's ownership of undivided interests in loans or pools of the loans sold pursuant to the provisions of this subchapter; (2) Sell bonds to investors that shall evidence the commission's obligation to repay principal, interest, and redemption premium, if any, to those investors purchasing bonds secured by the loans pursuant to the provisions of this subchapter; or (3) Sell or place any other form of security involving or secured by the loans or pools that the commission may structure or determine to be appropriate. (d) The commission is authorized to retain the services of bond counsel, financial advisors, underwriters, investment bankers, indenture trustees, portfolio servicers, and other professionals in structuring, documenting, selling, and servicing the loans and securities contemplated to be issued under this subchapter. (e) (1) The commission is authorized to use the proceeds received from the sale or pledge of the loans: (A) To fund water, sewer, solid waste, flood control, drainage, water pollution abatement, prevention, or control, wetlands, irrigation, or other projects that the commission may fund under the financial assistance programs that it administers from time to time; (B) To provide the matching funding for programs sponsored by state or federal governmental agencies or entities that provide assistance for the types of projects listed in this subdivision (e)(1); or (C) For any other lawful purpose that the commission may identify from time to time. (2) All proceeds from the sale or pledge of the loans or pools of loans under this subchapter shall be deposited into: (A) The Arkansas Water Development Fund; (B) The Water, Sewer, and Solid Waste Systems Revolving Fund; (C) The Arkansas Water Resources Cost Share Revolving Fund; or (D) Any other fund or account or combination of funds or accounts that the commission shall direct. (f) The commission is authorized and empowered to sell or pledge single or multiple series or pools of loans with those amortization and payment schedules and other terms and conditions that the commission may specify from time to time, including, without limitation, the establishment of debt service reserve funds, capitalized interest funds, cost of issuance funds, defaulted loan reserve accounts, and all other forms of accounts or funds that the commission may deem appropriate. Amended by Act 2017, No. 374,§ 29, eff. 8/1/2017. Acts 1995, No. 690, §§ 2, 3, 6-9.

(a) (1) The Arkansas Natural Resources Commission is authorized to pledge or sell loans or undivided interests in pools of loans to investors in consideration for the payment to the commission of cash or cash equivalents. (2) The commission is further authorized to: (A) Sell the loans or undivided interests in pools of loans to investors at par, a premium, or a discount; (B) Pledge the loans or undivided interests in pools of loans to investors as security for repayment of commission indebtedness to the investors; or (C) Otherwise use the loans or undivided interests in pools of loans to collateralize or secure other financial relationships with investors as the commission may deem appropriate.

(1) The Arkansas Natural Resources Commission is authorized to pledge or sell loans or undivided interests in pools of loans to investors in consideration for the payment to the commission of cash or cash equivalents.

(2) The commission is further authorized to: (A) Sell the loans or undivided interests in pools of loans to investors at par, a premium, or a discount; (B) Pledge the loans or undivided interests in pools of loans to investors as security for repayment of commission indebtedness to the investors; or (C) Otherwise use the loans or undivided interests in pools of loans to collateralize or secure other financial relationships with investors as the commission may deem appropriate.

(A) Sell the loans or undivided interests in pools of loans to investors at par, a premium, or a discount;

(B) Pledge the loans or undivided interests in pools of loans to investors as security for repayment of commission indebtedness to the investors; or

(C) Otherwise use the loans or undivided interests in pools of loans to collateralize or secure other financial relationships with investors as the commission may deem appropriate.

(b) (1) The commission is authorized to supplement its sale, pledge, or other use of the loans with any form of transaction enhancement that the commission may deem appropriate and that the financial advisor deems fair and reasonable. (2) Specifically, the commission may: (A) Establish a cash reserve against which defaulting loans may be offset; (B) Agree to replace defaulted loans with other loans that the commission subsequently originates or otherwise possesses; (C) Agree to repurchase defaulted loans; (D) Sell to investors loans having a collective face value in excess of the par value of the consideration received from the pool sale or pledge in order to provide a pool of loans from which defaulting loans can be offset or replaced; or (E) Purchase or provide any other form of transaction enhancement as the commission may deem necessary.

(1) The commission is authorized to supplement its sale, pledge, or other use of the loans with any form of transaction enhancement that the commission may deem appropriate and that the financial advisor deems fair and reasonable.

(2) Specifically, the commission may: (A) Establish a cash reserve against which defaulting loans may be offset; (B) Agree to replace defaulted loans with other loans that the commission subsequently originates or otherwise possesses; (C) Agree to repurchase defaulted loans; (D) Sell to investors loans having a collective face value in excess of the par value of the consideration received from the pool sale or pledge in order to provide a pool of loans from which defaulting loans can be offset or replaced; or (E) Purchase or provide any other form of transaction enhancement as the commission may deem necessary.

(A) Establish a cash reserve against which defaulting loans may be offset;

(B) Agree to replace defaulted loans with other loans that the commission subsequently originates or otherwise possesses;

(C) Agree to repurchase defaulted loans;

(D) Sell to investors loans having a collective face value in excess of the par value of the consideration received from the pool sale or pledge in order to provide a pool of loans from which defaulting loans can be offset or replaced; or

(E) Purchase or provide any other form of transaction enhancement as the commission may deem necessary.

(c) The commission is authorized to: (1) Sell participation certificates or other indicia of ownership to investors that shall evidence the investor's ownership of undivided interests in loans or pools of the loans sold pursuant to the provisions of this subchapter; (2) Sell bonds to investors that shall evidence the commission's obligation to repay principal, interest, and redemption premium, if any, to those investors purchasing bonds secured by the loans pursuant to the provisions of this subchapter; or (3) Sell or place any other form of security involving or secured by the loans or pools that the commission may structure or determine to be appropriate.

(1) Sell participation certificates or other indicia of ownership to investors that shall evidence the investor's ownership of undivided interests in loans or pools of the loans sold pursuant to the provisions of this subchapter;

(2) Sell bonds to investors that shall evidence the commission's obligation to repay principal, interest, and redemption premium, if any, to those investors purchasing bonds secured by the loans pursuant to the provisions of this subchapter; or

(3) Sell or place any other form of security involving or secured by the loans or pools that the commission may structure or determine to be appropriate.

(d) The commission is authorized to retain the services of bond counsel, financial advisors, underwriters, investment bankers, indenture trustees, portfolio servicers, and other professionals in structuring, documenting, selling, and servicing the loans and securities contemplated to be issued under this subchapter.

(e) (1) The commission is authorized to use the proceeds received from the sale or pledge of the loans: (A) To fund water, sewer, solid waste, flood control, drainage, water pollution abatement, prevention, or control, wetlands, irrigation, or other projects that the commission may fund under the financial assistance programs that it administers from time to time; (B) To provide the matching funding for programs sponsored by state or federal governmental agencies or entities that provide assistance for the types of projects listed in this subdivision (e)(1); or (C) For any other lawful purpose that the commission may identify from time to time. (2) All proceeds from the sale or pledge of the loans or pools of loans under this subchapter shall be deposited into: (A) The Arkansas Water Development Fund; (B) The Water, Sewer, and Solid Waste Systems Revolving Fund; (C) The Arkansas Water Resources Cost Share Revolving Fund; or (D) Any other fund or account or combination of funds or accounts that the commission shall direct.

(1) The commission is authorized to use the proceeds received from the sale or pledge of the loans: (A) To fund water, sewer, solid waste, flood control, drainage, water pollution abatement, prevention, or control, wetlands, irrigation, or other projects that the commission may fund under the financial assistance programs that it administers from time to time; (B) To provide the matching funding for programs sponsored by state or federal governmental agencies or entities that provide assistance for the types of projects listed in this subdivision (e)(1); or (C) For any other lawful purpose that the commission may identify from time to time.

(A) To fund water, sewer, solid waste, flood control, drainage, water pollution abatement, prevention, or control, wetlands, irrigation, or other projects that the commission may fund under the financial assistance programs that it administers from time to time;

(B) To provide the matching funding for programs sponsored by state or federal governmental agencies or entities that provide assistance for the types of projects listed in this subdivision (e)(1); or

(C) For any other lawful purpose that the commission may identify from time to time.

(2) All proceeds from the sale or pledge of the loans or pools of loans under this subchapter shall be deposited into: (A) The Arkansas Water Development Fund; (B) The Water, Sewer, and Solid Waste Systems Revolving Fund; (C) The Arkansas Water Resources Cost Share Revolving Fund; or (D) Any other fund or account or combination of funds or accounts that the commission shall direct.

(A) The Arkansas Water Development Fund;

(B) The Water, Sewer, and Solid Waste Systems Revolving Fund;

(C) The Arkansas Water Resources Cost Share Revolving Fund; or

(D) Any other fund or account or combination of funds or accounts that the commission shall direct.

(f) The commission is authorized and empowered to sell or pledge single or multiple series or pools of loans with those amortization and payment schedules and other terms and conditions that the commission may specify from time to time, including, without limitation, the establishment of debt service reserve funds, capitalized interest funds, cost of issuance funds, defaulted loan reserve accounts, and all other forms of accounts or funds that the commission may deem appropriate.

Amended by Act 2017, No. 374,§ 29, eff. 8/1/2017.

Acts 1995, No. 690, §§ 2, 3, 6-9.
Ark. Code Ann. § 15-21-307 — AR Code / Title 15 / Chapter 21 / Subchapter 3 / Section 15-21-307
[Repealed]
Status: repealed

Repealed by Act 2021, No. 157,§ 1, eff. 7/28/2021. Acts 1991, No. 861, § 6.

Repealed by Act 2021, No. 157,§ 1, eff. 7/28/2021.

Acts 1991, No. 861, § 6.
Ark. Code Ann. § 15-41-209 — AR Code / Title 15 / Chapter 41 / Subchapter 2 / Section 15-41-209
Fines, fees, and costs
Status: in_force

(a) All fines assessed against and collected from persons convicted for infractions of the state laws protecting game, fish, fur-bearing animals, or fresh water mussels shall be paid to the county treasurer or the district court clerk of the county in which the fine is assessed and forwarded, as provided, to the Arkansas State Game and Fish Commission. (b) (1) The county treasurer or district court clerk shall give his or her receipt to a person paying a fine or to an officer of the court making settlement of fines collected. (2) (A) At the end of each month, county treasurers or district court clerks shall file a report and forward all fines collected under this chapter to the Arkansas State Game and Fish Commission. (B) The report, filed on forms provided by the Arkansas State Game and Fish Commission, shall include: (i) The name of each defendant; (ii) The court case number; (iii) The name of the arresting officer; and (iv) The amount of the fine. (c) Upon receipt of the fines described in subsection (b) of this section, the Arkansas State Game and Fish Commission shall deposit the fines with the Treasurer of State, who shall deposit the fines as special revenues into the Game Protection Fund. (d) A portion of the fines deposited as special revenues into the fund may be expended by the Arkansas State Game and Fish Commission in the form of grants issued to the Rural Services Division of the Arkansas Economic Development Commission for fish and wildlife conservation education and other purposes consistent with Arkansas Constitution, Amendment 35. (e) (1) The Arkansas State Game and Fish Commission shall file a written report no later than October 1 of each even-numbered year with the Legislative Council and the Joint Budget Committee indicating the amount of fines deposited into the fund during the prior two (2) fiscal years and the amount of those funds transferred to the division under subsection (d) of this section. (2) If all of the fines were not transferred to the division, the Arkansas State Game and Fish Commission shall include in its report an explanation as to why all fines were not transferred. Amended by Act 2015, No. 371,§ 4, eff. 7/22/2015. Acts 1927, No. 160, §§ 2, 14; Pope's Dig., §§ 5852, 5918; A.S.A. 1947, §§ 47-121, 47-522; Acts 1995, No. 232, § 7; 2003, No. 799, § 1.

(a) All fines assessed against and collected from persons convicted for infractions of the state laws protecting game, fish, fur-bearing animals, or fresh water mussels shall be paid to the county treasurer or the district court clerk of the county in which the fine is assessed and forwarded, as provided, to the Arkansas State Game and Fish Commission.

(b) (1) The county treasurer or district court clerk shall give his or her receipt to a person paying a fine or to an officer of the court making settlement of fines collected. (2) (A) At the end of each month, county treasurers or district court clerks shall file a report and forward all fines collected under this chapter to the Arkansas State Game and Fish Commission. (B) The report, filed on forms provided by the Arkansas State Game and Fish Commission, shall include: (i) The name of each defendant; (ii) The court case number; (iii) The name of the arresting officer; and (iv) The amount of the fine.

(1) The county treasurer or district court clerk shall give his or her receipt to a person paying a fine or to an officer of the court making settlement of fines collected.

(2) (A) At the end of each month, county treasurers or district court clerks shall file a report and forward all fines collected under this chapter to the Arkansas State Game and Fish Commission. (B) The report, filed on forms provided by the Arkansas State Game and Fish Commission, shall include: (i) The name of each defendant; (ii) The court case number; (iii) The name of the arresting officer; and (iv) The amount of the fine.

(A) At the end of each month, county treasurers or district court clerks shall file a report and forward all fines collected under this chapter to the Arkansas State Game and Fish Commission.

(B) The report, filed on forms provided by the Arkansas State Game and Fish Commission, shall include: (i) The name of each defendant; (ii) The court case number; (iii) The name of the arresting officer; and (iv) The amount of the fine.

(i) The name of each defendant;

(ii) The court case number;

(iii) The name of the arresting officer; and

(iv) The amount of the fine.

(c) Upon receipt of the fines described in subsection (b) of this section, the Arkansas State Game and Fish Commission shall deposit the fines with the Treasurer of State, who shall deposit the fines as special revenues into the Game Protection Fund.

(d) A portion of the fines deposited as special revenues into the fund may be expended by the Arkansas State Game and Fish Commission in the form of grants issued to the Rural Services Division of the Arkansas Economic Development Commission for fish and wildlife conservation education and other purposes consistent with Arkansas Constitution, Amendment 35.

(e) (1) The Arkansas State Game and Fish Commission shall file a written report no later than October 1 of each even-numbered year with the Legislative Council and the Joint Budget Committee indicating the amount of fines deposited into the fund during the prior two (2) fiscal years and the amount of those funds transferred to the division under subsection (d) of this section. (2) If all of the fines were not transferred to the division, the Arkansas State Game and Fish Commission shall include in its report an explanation as to why all fines were not transferred.

(1) The Arkansas State Game and Fish Commission shall file a written report no later than October 1 of each even-numbered year with the Legislative Council and the Joint Budget Committee indicating the amount of fines deposited into the fund during the prior two (2) fiscal years and the amount of those funds transferred to the division under subsection (d) of this section.

(2) If all of the fines were not transferred to the division, the Arkansas State Game and Fish Commission shall include in its report an explanation as to why all fines were not transferred.

Amended by Act 2015, No. 371,§ 4, eff. 7/22/2015.

Acts 1927, No. 160, §§ 2, 14; Pope's Dig., §§ 5852, 5918; A.S.A. 1947, §§ 47-121, 47-522; Acts 1995, No. 232, § 7; 2003, No. 799, § 1.
Ark. Code Ann. § 15-5-1102 — AR Code / Title 15 / Chapter 5 / Subchapter 11 / Section 15-5-1102
Legislative findings and declaration of public necessity
Status: in_force

(a) The General Assembly finds: (1) There is a persistent shortage of capital available to small businesses in Arkansas, and there exists an immediate and urgent need to provide the means and methods for providing financing to: (A) Improve the viability of small businesses in the state by stabilizing and increasing employment in small businesses; (B) Foster an environment that promotes the establishment of new small businesses which reduce the state's unemployment rate by hiring new employees; and (C) Complement Arkansas financial institutions to better serve their customers in ways which contribute to a strengthened and diversified Arkansas economy, and which does not compete with Arkansas financial institutions; (2) Small businesses make important contributions to economic growth and vitality in this state; (3) Small businesses comprise approximately eighty-five percent (85%) of the business entities in this state; (4) Small businesses provide approximately ninety-eight percent (98%) of the private sector employment in this state; (5) All national economic indicators establish that the greatest source of future new employment is in the small business sector of the economy; (6) Many private sector financial institutions in Arkansas are limited in their ability to provide financing to small but rapidly growing businesses; and (7) There exists a need to leverage private sector investment in entrepreneurial activity and in economic development finance, therefore, state assistance for development finance should reflect a leveraging investment strategy. (b) It is the purpose of this subchapter to establish a capital access program under which the State of Arkansas through the Arkansas Development Finance Authority will provide public fiscal resources to assist Arkansas financial institutions to overcome obstacles and constraints in meeting the full range of economically sound financing needs of Arkansas small businesses. Acts 1993, No. 733, § 2; 1993, No. 886, § 2.

(a) The General Assembly finds: (1) There is a persistent shortage of capital available to small businesses in Arkansas, and there exists an immediate and urgent need to provide the means and methods for providing financing to: (A) Improve the viability of small businesses in the state by stabilizing and increasing employment in small businesses; (B) Foster an environment that promotes the establishment of new small businesses which reduce the state's unemployment rate by hiring new employees; and (C) Complement Arkansas financial institutions to better serve their customers in ways which contribute to a strengthened and diversified Arkansas economy, and which does not compete with Arkansas financial institutions; (2) Small businesses make important contributions to economic growth and vitality in this state; (3) Small businesses comprise approximately eighty-five percent (85%) of the business entities in this state; (4) Small businesses provide approximately ninety-eight percent (98%) of the private sector employment in this state; (5) All national economic indicators establish that the greatest source of future new employment is in the small business sector of the economy; (6) Many private sector financial institutions in Arkansas are limited in their ability to provide financing to small but rapidly growing businesses; and (7) There exists a need to leverage private sector investment in entrepreneurial activity and in economic development finance, therefore, state assistance for development finance should reflect a leveraging investment strategy.

(1) There is a persistent shortage of capital available to small businesses in Arkansas, and there exists an immediate and urgent need to provide the means and methods for providing financing to: (A) Improve the viability of small businesses in the state by stabilizing and increasing employment in small businesses; (B) Foster an environment that promotes the establishment of new small businesses which reduce the state's unemployment rate by hiring new employees; and (C) Complement Arkansas financial institutions to better serve their customers in ways which contribute to a strengthened and diversified Arkansas economy, and which does not compete with Arkansas financial institutions;

(A) Improve the viability of small businesses in the state by stabilizing and increasing employment in small businesses;

(B) Foster an environment that promotes the establishment of new small businesses which reduce the state's unemployment rate by hiring new employees; and

(C) Complement Arkansas financial institutions to better serve their customers in ways which contribute to a strengthened and diversified Arkansas economy, and which does not compete with Arkansas financial institutions;

(2) Small businesses make important contributions to economic growth and vitality in this state;

(3) Small businesses comprise approximately eighty-five percent (85%) of the business entities in this state;

(4) Small businesses provide approximately ninety-eight percent (98%) of the private sector employment in this state;

(5) All national economic indicators establish that the greatest source of future new employment is in the small business sector of the economy;

(6) Many private sector financial institutions in Arkansas are limited in their ability to provide financing to small but rapidly growing businesses; and

(7) There exists a need to leverage private sector investment in entrepreneurial activity and in economic development finance, therefore, state assistance for development finance should reflect a leveraging investment strategy.

(b) It is the purpose of this subchapter to establish a capital access program under which the State of Arkansas through the Arkansas Development Finance Authority will provide public fiscal resources to assist Arkansas financial institutions to overcome obstacles and constraints in meeting the full range of economically sound financing needs of Arkansas small businesses.

Acts 1993, No. 733, § 2; 1993, No. 886, § 2.
Ark. Code Ann. § 15-22-1012 — AR Code / Title 15 / Chapter 22 / Subchapter 10 / Section 15-22-1012
Use of funds
Status: in_force

The Arkansas Natural Resources Commission may use the moneys in the Arkansas Water Development Fund for the following purposes: (1) For the voluntary acquisition of land suitable for use in mitigation banks; (2) To pay for costs incurred for alterations needed to create, restore, or enhance aquatic resources areas for purposes of carrying out the provisions of this subchapter; (3) For payment of administrative, research, or scientific monitoring expenses of the commission in carrying out the provisions of this subchapter; (4) To repay financial assistance received from state financial assistance programs, including interest and applicable fees, used for the purposes of carrying out the intent of this subchapter; and (5) Any other purpose related to wetland, stream, deep water aquatic habitat, or aquatic resources creation or restoration. Amended by Act 2019, No. 910,§ 83, eff. 7/1/2019. Acts 1995, No. 562, § 12; 2007, No. 476, § 10.

The Arkansas Natural Resources Commission may use the moneys in the Arkansas Water Development Fund for the following purposes:

(1) For the voluntary acquisition of land suitable for use in mitigation banks;

(2) To pay for costs incurred for alterations needed to create, restore, or enhance aquatic resources areas for purposes of carrying out the provisions of this subchapter;

(3) For payment of administrative, research, or scientific monitoring expenses of the commission in carrying out the provisions of this subchapter;

(4) To repay financial assistance received from state financial assistance programs, including interest and applicable fees, used for the purposes of carrying out the intent of this subchapter; and

(5) Any other purpose related to wetland, stream, deep water aquatic habitat, or aquatic resources creation or restoration.

Amended by Act 2019, No. 910,§ 83, eff. 7/1/2019.

Acts 1995, No. 562, § 12; 2007, No. 476, § 10.
Ark. Code Ann. § 15-4-3806 — AR Code / Title 15 / Chapter 4 / Subchapter 38 / Section 15-4-3806
Promotion
Status: in_force

(a) The Department of Agriculture may use its internet resources to: (1) Promote, create, and expand local farm and food economies in this state; (2) Maintain a list of local farm or food products and the providers of local farm or food products; and (3) Facilitate compliance with this subchapter. (b) (1) The Department of Agriculture shall establish a program coordinator position, which shall be responsible for developing partnerships among vendors, agencies, and providers of local farm or food products to support the goals of this subchapter. (2) The program coordinator shall: (A) Support and assist providers of local farm or food products in: (i) Developing a business plan; (ii) Gaining access to agencies, distribution networks, and food service operators; and (iii) Using available resources, including without limitation public and private entities; (B) Be a resource for agencies to use to assist in tracking and reporting their progress in satisfying the procurement goals stated in this subchapter; (C) Be a liaison between agencies and providers of local farm or food products to facilitate access to local farm or food products; (D) Encourage and facilitate involvement and participation in the Farm to School Program administered by the United States Department of Agriculture by working with providers of local farm or food products, vendors, and distributors to assess the need for and availability of local farm and food products; (E) Cooperate with the Department of Agriculture and providers of local farm or food products to promote, encourage, and increase participation in the Arkansas Grown program administered by the Department of Agriculture; and (F) Work with distributors to ensure that: (i) Local farm or food products are available for purchase and distribution to an agency; (ii) A list of local farm or food products is available for an agency; and (iii) A report is provided to the agency that lists the local farm or food products purchased and the dollar amount spent on the purchase of the local farm or food products. Amended by Act 2019, No. 796,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 50, eff. 7/1/2019. Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.

(a) The Department of Agriculture may use its internet resources to: (1) Promote, create, and expand local farm and food economies in this state; (2) Maintain a list of local farm or food products and the providers of local farm or food products; and (3) Facilitate compliance with this subchapter.

(1) Promote, create, and expand local farm and food economies in this state;

(2) Maintain a list of local farm or food products and the providers of local farm or food products; and

(3) Facilitate compliance with this subchapter.

(b) (1) The Department of Agriculture shall establish a program coordinator position, which shall be responsible for developing partnerships among vendors, agencies, and providers of local farm or food products to support the goals of this subchapter. (2) The program coordinator shall: (A) Support and assist providers of local farm or food products in: (i) Developing a business plan; (ii) Gaining access to agencies, distribution networks, and food service operators; and (iii) Using available resources, including without limitation public and private entities; (B) Be a resource for agencies to use to assist in tracking and reporting their progress in satisfying the procurement goals stated in this subchapter; (C) Be a liaison between agencies and providers of local farm or food products to facilitate access to local farm or food products; (D) Encourage and facilitate involvement and participation in the Farm to School Program administered by the United States Department of Agriculture by working with providers of local farm or food products, vendors, and distributors to assess the need for and availability of local farm and food products; (E) Cooperate with the Department of Agriculture and providers of local farm or food products to promote, encourage, and increase participation in the Arkansas Grown program administered by the Department of Agriculture; and (F) Work with distributors to ensure that: (i) Local farm or food products are available for purchase and distribution to an agency; (ii) A list of local farm or food products is available for an agency; and (iii) A report is provided to the agency that lists the local farm or food products purchased and the dollar amount spent on the purchase of the local farm or food products.

(1) The Department of Agriculture shall establish a program coordinator position, which shall be responsible for developing partnerships among vendors, agencies, and providers of local farm or food products to support the goals of this subchapter.

(2) The program coordinator shall: (A) Support and assist providers of local farm or food products in: (i) Developing a business plan; (ii) Gaining access to agencies, distribution networks, and food service operators; and (iii) Using available resources, including without limitation public and private entities; (B) Be a resource for agencies to use to assist in tracking and reporting their progress in satisfying the procurement goals stated in this subchapter; (C) Be a liaison between agencies and providers of local farm or food products to facilitate access to local farm or food products; (D) Encourage and facilitate involvement and participation in the Farm to School Program administered by the United States Department of Agriculture by working with providers of local farm or food products, vendors, and distributors to assess the need for and availability of local farm and food products; (E) Cooperate with the Department of Agriculture and providers of local farm or food products to promote, encourage, and increase participation in the Arkansas Grown program administered by the Department of Agriculture; and (F) Work with distributors to ensure that: (i) Local farm or food products are available for purchase and distribution to an agency; (ii) A list of local farm or food products is available for an agency; and (iii) A report is provided to the agency that lists the local farm or food products purchased and the dollar amount spent on the purchase of the local farm or food products.

(A) Support and assist providers of local farm or food products in: (i) Developing a business plan; (ii) Gaining access to agencies, distribution networks, and food service operators; and (iii) Using available resources, including without limitation public and private entities;

(i) Developing a business plan;

(ii) Gaining access to agencies, distribution networks, and food service operators; and

(iii) Using available resources, including without limitation public and private entities;

(B) Be a resource for agencies to use to assist in tracking and reporting their progress in satisfying the procurement goals stated in this subchapter;

(C) Be a liaison between agencies and providers of local farm or food products to facilitate access to local farm or food products;

(D) Encourage and facilitate involvement and participation in the Farm to School Program administered by the United States Department of Agriculture by working with providers of local farm or food products, vendors, and distributors to assess the need for and availability of local farm and food products;

(E) Cooperate with the Department of Agriculture and providers of local farm or food products to promote, encourage, and increase participation in the Arkansas Grown program administered by the Department of Agriculture; and

(F) Work with distributors to ensure that: (i) Local farm or food products are available for purchase and distribution to an agency; (ii) A list of local farm or food products is available for an agency; and (iii) A report is provided to the agency that lists the local farm or food products purchased and the dollar amount spent on the purchase of the local farm or food products.

(i) Local farm or food products are available for purchase and distribution to an agency;

(ii) A list of local farm or food products is available for an agency; and

(iii) A report is provided to the agency that lists the local farm or food products purchased and the dollar amount spent on the purchase of the local farm or food products.

Amended by Act 2019, No. 796,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 50, eff. 7/1/2019.

Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 15-42-107 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-107
Nonresident fishing license generally
Status: in_force

(a) (1) It shall be unlawful for any nonresident person to take or attempt to take fish in this state in any manner without first procuring a nonresident fishing license. (2) The nonresident annual fishing license fee shall be five dollars ($5.00). (b) Any person violating any of the provisions of subdivision (a)(1) of this section shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00). Acts 1943, No. 146, § 11; 1963, No. 532, § 1; A.S.A. 1947, § 47-208.

(a) (1) It shall be unlawful for any nonresident person to take or attempt to take fish in this state in any manner without first procuring a nonresident fishing license. (2) The nonresident annual fishing license fee shall be five dollars ($5.00).

(1) It shall be unlawful for any nonresident person to take or attempt to take fish in this state in any manner without first procuring a nonresident fishing license.

(2) The nonresident annual fishing license fee shall be five dollars ($5.00).

(b) Any person violating any of the provisions of subdivision (a)(1) of this section shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

Acts 1943, No. 146, § 11; 1963, No. 532, § 1; A.S.A. 1947, § 47-208.
Ark. Code Ann. § 15-57-320 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-320
Exemptions
Status: in_force

(a) Nothing in this subchapter shall be construed to require any agent or employee of a county or municipal government or a landowner selling exclusively to those government entities to comply with any of the provisions of this subchapter when engaged in open-cut mining outside of the channel of a stream for the construction, reconstruction, improvement, or maintenance of streets and highways or private roads, streets, driveways, or highways, or other public projects of a county or municipality when it is conducted under the authority of such a government for such activities and on lands for which the county or municipal government has established rights. (b) (1) The county and municipal governments shall remove topsoil and spoil and store it on the mining site. (2) Upon completion of mining, the site shall be graded such that no slope will be steeper than one foot (1') vertical to three feet (3') horizontal, and the topsoil shall be respread and the site revegetated in a manner to prevent pollution of the waters of Arkansas. (c) An agent or employee of a county or municipal government may remove gravel or other materials from any stream in order to protect the integrity of bridges or low water crossing of any public roadway without obtaining a permit. (d) A governmental unit may remove gravel or other material from any stream in order to protect the integrity of a government-owned or government-controlled structure without obtaining a permit. (e) (1) Flood control projects authorized by the United States Army Corps of Engineers shall be exempt from the permitting requirement. Provided, however, that certification under section 401 of the Federal Clean Water Act is obtained for said project. (2) In the event that authorization pursuant to section 404 of the Federal Clean Water Act is determined by the United States Army Corps of Engineers not to be required for a specific flood control or bank stabilization project, the Division of Environmental Quality will review the proposed project plan using the Section 401 water quality certification criteria. (3) The division shall provide the necessary authorization for the project once it has been determined that the activity will not adversely affect water quality. (f) (1) All stream gravel mining operations on streams designated as extraordinary resource waters after January 1, 1995, may continue to operate under a permit issued by the division for a period of two (2) years from the date of the designation. (2) At the end of the two-year period, all mining activities must be terminated and the affected area reclaimed in accordance with the operator's approved reclamation plan. (g) The permitting provisions of this subchapter shall not apply to any area being excavated for soil or shale that is less than three (3) acres where an undisturbed buffer zone of not less than fifty feet (50') exists between the highwalls of the excavation site and any adjacent property line or to any size area being excavated if the area being excavated is at least one-fourth (1/4) of a mile from any adjacent property line. (h) The permitting provisions of this subchapter do not apply to quartz crystal mined on private property by the person who owns both the surface rights and subsurface rights of the private property. Amended by Act 2019, No. 384,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3112, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3111, eff. 7/1/2019. Amended by Act 2017, No. 1121,§ 1, eff. 8/1/2017. Acts 1993, No. 368, § 1; 1995, No. 1345, § 3; 1999, No. 1164, § 140; 1999, No. 1526, § 9.

(a) Nothing in this subchapter shall be construed to require any agent or employee of a county or municipal government or a landowner selling exclusively to those government entities to comply with any of the provisions of this subchapter when engaged in open-cut mining outside of the channel of a stream for the construction, reconstruction, improvement, or maintenance of streets and highways or private roads, streets, driveways, or highways, or other public projects of a county or municipality when it is conducted under the authority of such a government for such activities and on lands for which the county or municipal government has established rights.

(b) (1) The county and municipal governments shall remove topsoil and spoil and store it on the mining site. (2) Upon completion of mining, the site shall be graded such that no slope will be steeper than one foot (1') vertical to three feet (3') horizontal, and the topsoil shall be respread and the site revegetated in a manner to prevent pollution of the waters of Arkansas.

(1) The county and municipal governments shall remove topsoil and spoil and store it on the mining site.

(2) Upon completion of mining, the site shall be graded such that no slope will be steeper than one foot (1') vertical to three feet (3') horizontal, and the topsoil shall be respread and the site revegetated in a manner to prevent pollution of the waters of Arkansas.

(c) An agent or employee of a county or municipal government may remove gravel or other materials from any stream in order to protect the integrity of bridges or low water crossing of any public roadway without obtaining a permit.

(d) A governmental unit may remove gravel or other material from any stream in order to protect the integrity of a government-owned or government-controlled structure without obtaining a permit.

(e) (1) Flood control projects authorized by the United States Army Corps of Engineers shall be exempt from the permitting requirement. Provided, however, that certification under section 401 of the Federal Clean Water Act is obtained for said project. (2) In the event that authorization pursuant to section 404 of the Federal Clean Water Act is determined by the United States Army Corps of Engineers not to be required for a specific flood control or bank stabilization project, the Division of Environmental Quality will review the proposed project plan using the Section 401 water quality certification criteria. (3) The division shall provide the necessary authorization for the project once it has been determined that the activity will not adversely affect water quality.

(1) Flood control projects authorized by the United States Army Corps of Engineers shall be exempt from the permitting requirement. Provided, however, that certification under section 401 of the Federal Clean Water Act is obtained for said project.

(2) In the event that authorization pursuant to section 404 of the Federal Clean Water Act is determined by the United States Army Corps of Engineers not to be required for a specific flood control or bank stabilization project, the Division of Environmental Quality will review the proposed project plan using the Section 401 water quality certification criteria.

(3) The division shall provide the necessary authorization for the project once it has been determined that the activity will not adversely affect water quality.

(f) (1) All stream gravel mining operations on streams designated as extraordinary resource waters after January 1, 1995, may continue to operate under a permit issued by the division for a period of two (2) years from the date of the designation. (2) At the end of the two-year period, all mining activities must be terminated and the affected area reclaimed in accordance with the operator's approved reclamation plan.

(1) All stream gravel mining operations on streams designated as extraordinary resource waters after January 1, 1995, may continue to operate under a permit issued by the division for a period of two (2) years from the date of the designation.

(2) At the end of the two-year period, all mining activities must be terminated and the affected area reclaimed in accordance with the operator's approved reclamation plan.

(g) The permitting provisions of this subchapter shall not apply to any area being excavated for soil or shale that is less than three (3) acres where an undisturbed buffer zone of not less than fifty feet (50') exists between the highwalls of the excavation site and any adjacent property line or to any size area being excavated if the area being excavated is at least one-fourth (1/4) of a mile from any adjacent property line.

(h) The permitting provisions of this subchapter do not apply to quartz crystal mined on private property by the person who owns both the surface rights and subsurface rights of the private property.

Amended by Act 2019, No. 384,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3112, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3111, eff. 7/1/2019.

Amended by Act 2017, No. 1121,§ 1, eff. 8/1/2017.

Acts 1993, No. 368, § 1; 1995, No. 1345, § 3; 1999, No. 1164, § 140; 1999, No. 1526, § 9.
Ark. Code Ann. § 15-5-1805 — AR Code / Title 15 / Chapter 5 / Subchapter 18 / Section 15-5-1805
Terms and conditions
Status: in_force

(a) The Arkansas Development Finance Authority shall be the issuer of bonds for energy efficiency projects under this subchapter. (b) (1) The authority shall not issue bonds under this subchapter unless: (A) A state entity has: (i) Applied for approval; and (ii) Submitted a resolution to the authority authorizing the issuance of bonds; and (B) The authority determines that the energy savings to be realized from the energy efficiency project and other available revenues are sufficient to fund the requested bond issue. (2) (A) Upon approval, the authority shall proceed with the issuance of the bonds under this subchapter. (B) If the bonds are not approved, the state entity may resubmit a request for approval of the issuance of bonds, and a resubmitted request shall be handled in the same manner as the initial request under this section. Amended by Act 2015, No. 1149,§ 6, eff. 7/22/2015. Amended by Act 2015, No. 1060,§ 18, eff. 4/4/2015. Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.

(a) The Arkansas Development Finance Authority shall be the issuer of bonds for energy efficiency projects under this subchapter.

(b) (1) The authority shall not issue bonds under this subchapter unless: (A) A state entity has: (i) Applied for approval; and (ii) Submitted a resolution to the authority authorizing the issuance of bonds; and (B) The authority determines that the energy savings to be realized from the energy efficiency project and other available revenues are sufficient to fund the requested bond issue. (2) (A) Upon approval, the authority shall proceed with the issuance of the bonds under this subchapter. (B) If the bonds are not approved, the state entity may resubmit a request for approval of the issuance of bonds, and a resubmitted request shall be handled in the same manner as the initial request under this section.

(1) The authority shall not issue bonds under this subchapter unless: (A) A state entity has: (i) Applied for approval; and (ii) Submitted a resolution to the authority authorizing the issuance of bonds; and (B) The authority determines that the energy savings to be realized from the energy efficiency project and other available revenues are sufficient to fund the requested bond issue.

(A) A state entity has: (i) Applied for approval; and (ii) Submitted a resolution to the authority authorizing the issuance of bonds; and

(i) Applied for approval; and

(ii) Submitted a resolution to the authority authorizing the issuance of bonds; and

(B) The authority determines that the energy savings to be realized from the energy efficiency project and other available revenues are sufficient to fund the requested bond issue.

(2) (A) Upon approval, the authority shall proceed with the issuance of the bonds under this subchapter. (B) If the bonds are not approved, the state entity may resubmit a request for approval of the issuance of bonds, and a resubmitted request shall be handled in the same manner as the initial request under this section.

(A) Upon approval, the authority shall proceed with the issuance of the bonds under this subchapter.

(B) If the bonds are not approved, the state entity may resubmit a request for approval of the issuance of bonds, and a resubmitted request shall be handled in the same manner as the initial request under this section.

Amended by Act 2015, No. 1149,§ 6, eff. 7/22/2015.

Amended by Act 2015, No. 1060,§ 18, eff. 4/4/2015.

Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-22-719 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-719
Deposit of proceeds of sale of bonds
Status: in_force

(a) The proceeds from the sale of the bonds, together with all revenues derived by the Arkansas Natural Resources Commission from any project financed under this subchapter, shall be deposited by the commission, as received, into trust funds in the State Treasury to accomplish the purposes of this subchapter, in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of the project into trust funds created by this section and designated as follows: (1) Into the Waste Disposal and Pollution Abatement Facilities Construction Fund to provide for the development of projects and the payment of the costs and expenses of the issuance of the bonds; (2) Into the Waste Disposal and Pollution Abatement Facilities Bond Fund to provide for payment for all or a part of debt service on bonds issued under this subchapter; (3) Into the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund to provide for a reserve or reserves for payment of debt service on the bonds; and (4) Into the Waste Disposal and Pollution Abatement Facilities Operation and Maintenance Fund to provide for all or a part of the operation and maintenance of the projects financed under this subchapter. (b) (1) The Treasurer of State is authorized and directed to establish separate accounts within such funds to correspond to the applicable series of bonds. (2) In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine in the resolution or trust indenture to be necessary to accomplish the purposes of this subchapter. Acts 1987, No. 686, § 9.

(a) The proceeds from the sale of the bonds, together with all revenues derived by the Arkansas Natural Resources Commission from any project financed under this subchapter, shall be deposited by the commission, as received, into trust funds in the State Treasury to accomplish the purposes of this subchapter, in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of the project into trust funds created by this section and designated as follows: (1) Into the Waste Disposal and Pollution Abatement Facilities Construction Fund to provide for the development of projects and the payment of the costs and expenses of the issuance of the bonds; (2) Into the Waste Disposal and Pollution Abatement Facilities Bond Fund to provide for payment for all or a part of debt service on bonds issued under this subchapter; (3) Into the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund to provide for a reserve or reserves for payment of debt service on the bonds; and (4) Into the Waste Disposal and Pollution Abatement Facilities Operation and Maintenance Fund to provide for all or a part of the operation and maintenance of the projects financed under this subchapter.

(1) Into the Waste Disposal and Pollution Abatement Facilities Construction Fund to provide for the development of projects and the payment of the costs and expenses of the issuance of the bonds;

(2) Into the Waste Disposal and Pollution Abatement Facilities Bond Fund to provide for payment for all or a part of debt service on bonds issued under this subchapter;

(3) Into the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund to provide for a reserve or reserves for payment of debt service on the bonds; and

(4) Into the Waste Disposal and Pollution Abatement Facilities Operation and Maintenance Fund to provide for all or a part of the operation and maintenance of the projects financed under this subchapter.

(b) (1) The Treasurer of State is authorized and directed to establish separate accounts within such funds to correspond to the applicable series of bonds. (2) In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine in the resolution or trust indenture to be necessary to accomplish the purposes of this subchapter.

(1) The Treasurer of State is authorized and directed to establish separate accounts within such funds to correspond to the applicable series of bonds.

(2) In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine in the resolution or trust indenture to be necessary to accomplish the purposes of this subchapter.

Acts 1987, No. 686, § 9.
Ark. Code Ann. § 15-11-901 — AR Code / Title 15 / Chapter 11 / Subchapter 9 / Section 15-11-901
Title
Status: in_force

This subchapter shall be known as the "Arkansas Arts and Cultural Districts Act". Acts 2011, No. 1030, § 1.

This subchapter shall be known as the "Arkansas Arts and Cultural Districts Act".

Acts 2011, No. 1030, § 1.
Ark. Code Ann. § 15-5-214 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-214
Criminal background check
Status: in_force

(a) The Arkansas Development Finance Authority may require a state and federal criminal background check, which shall conform to the applicable federal standards and shall include the taking of fingerprints of an: (1) Applicant of a program administered by the authority, including individual members of an entity that may participate in a program administered by the authority; (2) Applicant for employment with the authority; or (3) Employee of the authority. (b) The criminal background check shall be performed through the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (c) Prior to a criminal background check, the applicant or employee shall sign a release authorizing the background check. (d) The results of the background check shall be used by the authority to determine the fitness or suitability of: (1) The applicant for participation in an authority program or for employment with the authority; or (2) An employee for continued employment with the authority. (e) The authority shall treat the criminal background information of an applicant or employee as confidential. (f) A criminal background check obtained under this section shall be destroyed by the authority within six (6) months of the receipt of the background check. (g) The authority shall promulgate rules for the requesting and use of criminal background checks under this section. Amended by Act 2019, No. 910,§ 441, eff. 7/1/2019. Acts 2005, No. 2173, § 1.

(a) The Arkansas Development Finance Authority may require a state and federal criminal background check, which shall conform to the applicable federal standards and shall include the taking of fingerprints of an: (1) Applicant of a program administered by the authority, including individual members of an entity that may participate in a program administered by the authority; (2) Applicant for employment with the authority; or (3) Employee of the authority.

(1) Applicant of a program administered by the authority, including individual members of an entity that may participate in a program administered by the authority;

(2) Applicant for employment with the authority; or

(3) Employee of the authority.

(b) The criminal background check shall be performed through the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

(c) Prior to a criminal background check, the applicant or employee shall sign a release authorizing the background check.

(d) The results of the background check shall be used by the authority to determine the fitness or suitability of: (1) The applicant for participation in an authority program or for employment with the authority; or (2) An employee for continued employment with the authority.

(1) The applicant for participation in an authority program or for employment with the authority; or

(2) An employee for continued employment with the authority.

(e) The authority shall treat the criminal background information of an applicant or employee as confidential.

(f) A criminal background check obtained under this section shall be destroyed by the authority within six (6) months of the receipt of the background check.

(g) The authority shall promulgate rules for the requesting and use of criminal background checks under this section.

Amended by Act 2019, No. 910,§ 441, eff. 7/1/2019.

Acts 2005, No. 2173, § 1.
Ark. Code Ann. § 15-22-202 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-202
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Natural Resources Commission; (2) "Conservation district" means conservation districts created under the Conservation Districts Law, § 14-125-101 et seq.; (3) "Diffused surface water" means water occurring naturally on the surface of the ground other than in natural channels, lakes, or ponds; (4) "District" means a conservation district or regional water district; (5) "Domestic use" means the use of water for ordinary household purposes, including human consumption, washing, watering of domestic livestock, poultry, and animals, and watering of home gardens for consumption by the household; (6) "Minimum streamflow" means the quantity of water required to meet the largest of the following instream flow needs as determined on a case-by-case basis: (A) Interstate compacts; (B) Navigation; (C) Fish and wildlife; (D) Water quality; and (E) Aquifer recharge; (7) "Ordinary high watermark" means the line delimiting the bed of a stream from its bank, that line at which the presence of water is continued for such length of time as to mark upon the soil and vegetation a distinct character; (8) "Person" means any natural person, partnership, firm, association, cooperative, municipality, county, public or private corporation, and any state or local governmental agency; (9) "Regional water district" means a regional water distribution district created under The Regional Water Distribution District Act, § 14-116-101 et seq.; and (10) "Stream" means a stream of water and its channel, including springs, lakes, or marshes in which the stream originates or through which it flows, where the stream flows in a reasonably definite channel, excluding a depression, swale, or gully, through which diffused surface water flows. Acts 1957, No. 81, § 2; 1963, No. 14, § 15; 1969, No. 180, § 1; A.S.A. 1947, § 21-1302; Acts 1989, No. 469, § 1.

As used in this subchapter:

(1) "Commission" means the Arkansas Natural Resources Commission;

(2) "Conservation district" means conservation districts created under the Conservation Districts Law, § 14-125-101 et seq.;

(3) "Diffused surface water" means water occurring naturally on the surface of the ground other than in natural channels, lakes, or ponds;

(4) "District" means a conservation district or regional water district;

(5) "Domestic use" means the use of water for ordinary household purposes, including human consumption, washing, watering of domestic livestock, poultry, and animals, and watering of home gardens for consumption by the household;

(6) "Minimum streamflow" means the quantity of water required to meet the largest of the following instream flow needs as determined on a case-by-case basis: (A) Interstate compacts; (B) Navigation; (C) Fish and wildlife; (D) Water quality; and (E) Aquifer recharge;

(A) Interstate compacts;

(B) Navigation;

(C) Fish and wildlife;

(D) Water quality; and

(E) Aquifer recharge;

(7) "Ordinary high watermark" means the line delimiting the bed of a stream from its bank, that line at which the presence of water is continued for such length of time as to mark upon the soil and vegetation a distinct character;

(8) "Person" means any natural person, partnership, firm, association, cooperative, municipality, county, public or private corporation, and any state or local governmental agency;

(9) "Regional water district" means a regional water distribution district created under The Regional Water Distribution District Act, § 14-116-101 et seq.; and

(10) "Stream" means a stream of water and its channel, including springs, lakes, or marshes in which the stream originates or through which it flows, where the stream flows in a reasonably definite channel, excluding a depression, swale, or gully, through which diffused surface water flows.

Acts 1957, No. 81, § 2; 1963, No. 14, § 15; 1969, No. 180, § 1; A.S.A. 1947, § 21-1302; Acts 1989, No. 469, § 1.
Ark. Code Ann. § 15-5-610 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-610
Allocation of 2008 Housing Act Volume Cap
Status: in_force

(a) The 2008 Housing Act Volume Cap shall be allocated one hundred percent (100%) to the Arkansas Development Finance Authority to finance qualified housing issues. (b) The authority may carry forward the 2008 Housing Act Volume Cap as provided in 26 U.S.C. § 146(f)(6) , as in effect on January 1, 2009. (c) The authority, by resolution of the Board of Directors of the Arkansas Development Finance Authority, may assign any portion of the 2008 Housing Act Volume Cap to one (1) or more other bond issuers in the state for the purpose of financing qualified housing issues. Acts 2009, No. 6, § 2.

(a) The 2008 Housing Act Volume Cap shall be allocated one hundred percent (100%) to the Arkansas Development Finance Authority to finance qualified housing issues.

(b) The authority may carry forward the 2008 Housing Act Volume Cap as provided in 26 U.S.C. § 146(f)(6) , as in effect on January 1, 2009.

(c) The authority, by resolution of the Board of Directors of the Arkansas Development Finance Authority, may assign any portion of the 2008 Housing Act Volume Cap to one (1) or more other bond issuers in the state for the purpose of financing qualified housing issues.

Acts 2009, No. 6, § 2.
Ark. Code Ann. § 15-4-3613 — AR Code / Title 15 / Chapter 4 / Subchapter 36 / Section 15-4-3613
Revenue impact assessment
Status: in_force

(a) (1) Before making a qualified low-income community investment, a qualified community development entity shall submit to the Arkansas Economic Development Commission for review a revenue impact assessment prepared by a nationally recognized third-party independent economic forecasting firm utilizing the Regional Economics Model, Inc., or MIG, Inc., model that demonstrates that the qualified low-income community investment will have a revenue positive impact on the state over ten (10) years against the aggregate tax credit utilization over the same ten-year period. (2) The aggregate tax credit utilization under subdivision (a)(1) of this section is equal to the amount of the qualified low-income community investment multiplied by fifty-eight percent (58%). (b) (1) The commission shall complete its review and notify the qualified community development entity within ten (10) business days from the receipt of a revenue impact assessment. (2) A proposed qualified low-income community investment shall be deemed revenue positive if the commission does not notify a qualified community development entity of its review with ten (10) business days of receipt of a revenue impact assessment. (c) If the commission determines that the revenue impact assessment does not reflect a revenue positive qualified low-income community investment, the commission may waive the requirement under this section if the commission determines that the proposed qualified low-income community investment will further economic development. Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.

(a) (1) Before making a qualified low-income community investment, a qualified community development entity shall submit to the Arkansas Economic Development Commission for review a revenue impact assessment prepared by a nationally recognized third-party independent economic forecasting firm utilizing the Regional Economics Model, Inc., or MIG, Inc., model that demonstrates that the qualified low-income community investment will have a revenue positive impact on the state over ten (10) years against the aggregate tax credit utilization over the same ten-year period. (2) The aggregate tax credit utilization under subdivision (a)(1) of this section is equal to the amount of the qualified low-income community investment multiplied by fifty-eight percent (58%).

(1) Before making a qualified low-income community investment, a qualified community development entity shall submit to the Arkansas Economic Development Commission for review a revenue impact assessment prepared by a nationally recognized third-party independent economic forecasting firm utilizing the Regional Economics Model, Inc., or MIG, Inc., model that demonstrates that the qualified low-income community investment will have a revenue positive impact on the state over ten (10) years against the aggregate tax credit utilization over the same ten-year period.

(2) The aggregate tax credit utilization under subdivision (a)(1) of this section is equal to the amount of the qualified low-income community investment multiplied by fifty-eight percent (58%).

(b) (1) The commission shall complete its review and notify the qualified community development entity within ten (10) business days from the receipt of a revenue impact assessment. (2) A proposed qualified low-income community investment shall be deemed revenue positive if the commission does not notify a qualified community development entity of its review with ten (10) business days of receipt of a revenue impact assessment.

(1) The commission shall complete its review and notify the qualified community development entity within ten (10) business days from the receipt of a revenue impact assessment.

(2) A proposed qualified low-income community investment shall be deemed revenue positive if the commission does not notify a qualified community development entity of its review with ten (10) business days of receipt of a revenue impact assessment.

(c) If the commission determines that the revenue impact assessment does not reflect a revenue positive qualified low-income community investment, the commission may waive the requirement under this section if the commission determines that the proposed qualified low-income community investment will further economic development.

Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Ark. Code Ann. § 15-57-410 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-410
Site safety
Status: in_force

The quarry operator will take the following measures to safeguard the operations for the benefit of neighbors and other citizens and to restrain trespassers from entering onto the quarry or plant site: (1) One (1) or a combination of the following will be installed around the quarry and plant site to complement natural barriers to trespassing as required: (A) A minimum four-foot high, four-strand barbed wire fence boundary attached to steel posts; (B) A five-foot high earth berm or rock berm, or both, with slopes steeper than one and five-tenths to one (1.5:1) and a minimum top width of five feet (5'); and (C) A protective barrier of boulders, concrete, or other objects capable of discouraging pedestrian or vehicular traffic; (2) Brightly colored warning signs (blaze orange is recommended) will be installed every three hundred feet (300') in clear view; (3) Barriers or lockable gates capable of withstanding normal vandalism are to be installed at all quarry site entrances. During temporary closure and after full reclamation of an exhausted quarry, barriers of rock or securely locked gates will be installed at all entrances on safety benches and haul roads so that no traffic or dumping can occur on the affected lands or in the quarry itself; (4) After January 1, 1998, no active quarry wall will be closer than fifty feet (50') to a public road right-of-way where the quarry's adjacent floor elevation is at or above the elevation of the right-of-way of the public road at the property line. Where active quarry floors are below said right-of-way, quarrying will be permitted only after a vegetated berm a minimum of ten feet (10') high, eight feet (8') wide at the crest, and with one-and-five-tenths-to-one slopes is installed for public safety; (5) After January 1, 1998, no active quarry wall will be closer than fifty feet (50') from any private property line unless written permission is given by the adjacent property owner. Permission will be on file at the operator's office and a copy will be sent to the Division of Environmental Quality; (6) Where truck traffic to and from the quarry site entrance creates a public safety nuisance because of fugitive dust, the operator will take the appropriate measures to treat the roadbed for dust control in the vicinity of the quarry entrance; (7) Blasting will be regulated under present United States Mine Safety and Health Administration or state labor codes; (8) Hazardous wastes will be regulated under the present hazardous waste codes; (9) Active quarry and plant sites will have until January 1, 1998, to comply with the requirements of this section, except for subdivision (6) of this section. Requirements of subdivision (6) of this section are to be in force by July 1, 1997; (10) If the division finds the operator to be out of compliance with any of the requirements of subdivisions (1)­(3) of this section, a citation will be given to the operator to comply within ninety (90) days. If the operator fails to comply within the ninety-day time requirement or shows no effort to comply, the division may levy by citation a fine of not more than one hundred dollars ($100) per day until the operator complies with said requirements. The maximum fine is five thousand dollars ($5,000); and (11) Any operator quarrying in violation of subdivisions (4) and (5) of this section will be subject to an immediate assessment of a fine of not more than one hundred dollars ($100) per day or a shut down order by the division, or both. The order will stay in effect at the discretion of the division until the operator is no longer in violation. Amended by Act 2019, No. 910,§ 3130, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3129, eff. 7/1/2019. Acts 1997, No. 1166, § 10.

The quarry operator will take the following measures to safeguard the operations for the benefit of neighbors and other citizens and to restrain trespassers from entering onto the quarry or plant site:

(1) One (1) or a combination of the following will be installed around the quarry and plant site to complement natural barriers to trespassing as required: (A) A minimum four-foot high, four-strand barbed wire fence boundary attached to steel posts; (B) A five-foot high earth berm or rock berm, or both, with slopes steeper than one and five-tenths to one (1.5:1) and a minimum top width of five feet (5'); and (C) A protective barrier of boulders, concrete, or other objects capable of discouraging pedestrian or vehicular traffic;

(A) A minimum four-foot high, four-strand barbed wire fence boundary attached to steel posts;

(B) A five-foot high earth berm or rock berm, or both, with slopes steeper than one and five-tenths to one (1.5:1) and a minimum top width of five feet (5'); and

(C) A protective barrier of boulders, concrete, or other objects capable of discouraging pedestrian or vehicular traffic;

(2) Brightly colored warning signs (blaze orange is recommended) will be installed every three hundred feet (300') in clear view;

(3) Barriers or lockable gates capable of withstanding normal vandalism are to be installed at all quarry site entrances. During temporary closure and after full reclamation of an exhausted quarry, barriers of rock or securely locked gates will be installed at all entrances on safety benches and haul roads so that no traffic or dumping can occur on the affected lands or in the quarry itself;

(4) After January 1, 1998, no active quarry wall will be closer than fifty feet (50') to a public road right-of-way where the quarry's adjacent floor elevation is at or above the elevation of the right-of-way of the public road at the property line. Where active quarry floors are below said right-of-way, quarrying will be permitted only after a vegetated berm a minimum of ten feet (10') high, eight feet (8') wide at the crest, and with one-and-five-tenths-to-one slopes is installed for public safety;

(5) After January 1, 1998, no active quarry wall will be closer than fifty feet (50') from any private property line unless written permission is given by the adjacent property owner. Permission will be on file at the operator's office and a copy will be sent to the Division of Environmental Quality;

(6) Where truck traffic to and from the quarry site entrance creates a public safety nuisance because of fugitive dust, the operator will take the appropriate measures to treat the roadbed for dust control in the vicinity of the quarry entrance;

(7) Blasting will be regulated under present United States Mine Safety and Health Administration or state labor codes;

(8) Hazardous wastes will be regulated under the present hazardous waste codes;

(9) Active quarry and plant sites will have until January 1, 1998, to comply with the requirements of this section, except for subdivision (6) of this section. Requirements of subdivision (6) of this section are to be in force by July 1, 1997;

(10) If the division finds the operator to be out of compliance with any of the requirements of subdivisions (1)­(3) of this section, a citation will be given to the operator to comply within ninety (90) days. If the operator fails to comply within the ninety-day time requirement or shows no effort to comply, the division may levy by citation a fine of not more than one hundred dollars ($100) per day until the operator complies with said requirements. The maximum fine is five thousand dollars ($5,000); and

(11) Any operator quarrying in violation of subdivisions (4) and (5) of this section will be subject to an immediate assessment of a fine of not more than one hundred dollars ($100) per day or a shut down order by the division, or both. The order will stay in effect at the discretion of the division until the operator is no longer in violation.

Amended by Act 2019, No. 910,§ 3130, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3129, eff. 7/1/2019.

Acts 1997, No. 1166, § 10.
Ark. Code Ann. § 15-58-213 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-213
Administrative and judicial review - Costs
Status: in_force

Whenever an order is issued as a result of a public hearing under this chapter at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, reasonably incurred by that person, for or in connection with his or her participation in such proceeding, including any judicial review of any agency action, may be assessed against either party, as the circuit court, resulting from judicial review, or the Arkansas Pollution Control and Ecology Commission, resulting from administrative proceedings, deems proper. Acts 1979, No. 134, § 31; A.S.A. 1947, § 52-965.

Whenever an order is issued as a result of a public hearing under this chapter at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, reasonably incurred by that person, for or in connection with his or her participation in such proceeding, including any judicial review of any agency action, may be assessed against either party, as the circuit court, resulting from judicial review, or the Arkansas Pollution Control and Ecology Commission, resulting from administrative proceedings, deems proper.

Acts 1979, No. 134, § 31; A.S.A. 1947, § 52-965.
Ark. Code Ann. § 15-32-602 — AR Code / Title 15 / Chapter 32 / Subchapter 6 / Section 15-32-602
Timber trust funds - Trustees - Beneficiaries
Status: in_force

(a) Money a timber purchaser collects for harvested timber is trust money. (b) A timber purchaser and each officer, director, partner, or agent of a timber purchaser are trustees of trust money. (c) Each seller of standing timber is a beneficiary of trust money to the extent of the beneficiary's share of the purchase price for the timber. Acts 2001, No. 1247, § 2.

(a) Money a timber purchaser collects for harvested timber is trust money.

(b) A timber purchaser and each officer, director, partner, or agent of a timber purchaser are trustees of trust money.

(c) Each seller of standing timber is a beneficiary of trust money to the extent of the beneficiary's share of the purchase price for the timber.

Acts 2001, No. 1247, § 2.
Ark. Code Ann. § 15-73-305 — AR Code / Title 15 / Chapter 73 / Subchapter 3 / Section 15-73-305
Court approval of lease and confirmation of sale
Status: in_force

(a) After the trustee shall have executed the bond required by the circuit court, the life tenant shall execute and present to the court for its examination the oil and gas lease so authorized, which lease shall show what part of the consideration, rents, and royalties shall be paid to the life tenant and what part to the trustee. (b) If the court shall find the lease conforms to its previous orders, and shall be further satisfied that the consideration therefor has been paid to the trustee and the life tenant in conformity with the previous order of the court, it shall approve the lease and confirm the sale thereof, whereupon the lessee shall become vested with the leasehold interest in and to the oil, gas, and other minerals in, on, and under the lands, free and clear of any limitations, restrictions, or conditions imposed upon the lands in the grant or will under which the life tenant acquired title to the lands, and free and clear of any present or future claim of any person or persons asserting or attempting to assert a reversional or remainder interest therein on account of the deed or will, and subject only to the conditions imposed by the lease. Acts 1929, No. 76, § 5; Pope's Dig., § 1804; A.S.A. 1947, § 53-307.

(a) After the trustee shall have executed the bond required by the circuit court, the life tenant shall execute and present to the court for its examination the oil and gas lease so authorized, which lease shall show what part of the consideration, rents, and royalties shall be paid to the life tenant and what part to the trustee.

(b) If the court shall find the lease conforms to its previous orders, and shall be further satisfied that the consideration therefor has been paid to the trustee and the life tenant in conformity with the previous order of the court, it shall approve the lease and confirm the sale thereof, whereupon the lessee shall become vested with the leasehold interest in and to the oil, gas, and other minerals in, on, and under the lands, free and clear of any limitations, restrictions, or conditions imposed upon the lands in the grant or will under which the life tenant acquired title to the lands, and free and clear of any present or future claim of any person or persons asserting or attempting to assert a reversional or remainder interest therein on account of the deed or will, and subject only to the conditions imposed by the lease.

Acts 1929, No. 76, § 5; Pope's Dig., § 1804; A.S.A. 1947, § 53-307.
Ark. Code Ann. § 15-20-705 — AR Code / Title 15 / Chapter 20 / Subchapter 7 / Section 15-20-705
Duties of agencies
Status: in_force

(a) The State Parks, Recreation, and Travel Commission and the Department of Parks, Heritage, and Tourism shall have the following duties in addition to those otherwise prescribed by law: (1) To identify and maintain a registry of lands and waters in the state, whether publicly or privately owned, that exhibit outstanding characteristics of scenic beauty; (2) To cooperate with any federal, state, or local government agency, private organization, or individual; (3) To investigate, promote, advise, and assist in the preservation, protection, enhancement, and management of scenic resources; (4) To encourage private organizations and individuals to recognize scenic resources and to utilize "best management practices" in all instances, particularly those affecting scenic resources; (5) To encourage scenic resources protection by working with agencies and individuals to set up demonstration projects involving such techniques as wildflower plots, adopt-a-spot programs, wetlands restoration, and native plantings wherever possible; (6) To notify federal agencies of the state's interest in protecting scenic resources and to request that scenic resources protection and enhancement be included in the appropriate planning activities of the agencies; (7) By December 1 of each year, submit a report to the Secretary of the Department of Parks, Heritage, and Tourism and the General Assembly describing and accounting for the status and condition of each entry listed in the Registry of Scenic Resources and including any recommendations to be considered by the secretary and General Assembly for improving and enhancing the scenic beauty of the state; and (8) To bring the Registry of Scenic Resources to the attention of the public through its advertising and public relations efforts. (b) The commission shall not have regulatory power but shall strongly encourage other state agencies to use existing legislation to protect the scenic resources of the state. Amended by Act 2019, No. 910,§ 5665, eff. 7/1/2019. Amended by Act 2017, No. 540,§ 16, eff. 8/1/2017. Acts 1991, No. 999, §§ 5, 6.

(a) The State Parks, Recreation, and Travel Commission and the Department of Parks, Heritage, and Tourism shall have the following duties in addition to those otherwise prescribed by law: (1) To identify and maintain a registry of lands and waters in the state, whether publicly or privately owned, that exhibit outstanding characteristics of scenic beauty; (2) To cooperate with any federal, state, or local government agency, private organization, or individual; (3) To investigate, promote, advise, and assist in the preservation, protection, enhancement, and management of scenic resources; (4) To encourage private organizations and individuals to recognize scenic resources and to utilize "best management practices" in all instances, particularly those affecting scenic resources; (5) To encourage scenic resources protection by working with agencies and individuals to set up demonstration projects involving such techniques as wildflower plots, adopt-a-spot programs, wetlands restoration, and native plantings wherever possible; (6) To notify federal agencies of the state's interest in protecting scenic resources and to request that scenic resources protection and enhancement be included in the appropriate planning activities of the agencies; (7) By December 1 of each year, submit a report to the Secretary of the Department of Parks, Heritage, and Tourism and the General Assembly describing and accounting for the status and condition of each entry listed in the Registry of Scenic Resources and including any recommendations to be considered by the secretary and General Assembly for improving and enhancing the scenic beauty of the state; and (8) To bring the Registry of Scenic Resources to the attention of the public through its advertising and public relations efforts.

(1) To identify and maintain a registry of lands and waters in the state, whether publicly or privately owned, that exhibit outstanding characteristics of scenic beauty;

(2) To cooperate with any federal, state, or local government agency, private organization, or individual;

(3) To investigate, promote, advise, and assist in the preservation, protection, enhancement, and management of scenic resources;

(4) To encourage private organizations and individuals to recognize scenic resources and to utilize "best management practices" in all instances, particularly those affecting scenic resources;

(5) To encourage scenic resources protection by working with agencies and individuals to set up demonstration projects involving such techniques as wildflower plots, adopt-a-spot programs, wetlands restoration, and native plantings wherever possible;

(6) To notify federal agencies of the state's interest in protecting scenic resources and to request that scenic resources protection and enhancement be included in the appropriate planning activities of the agencies;

(7) By December 1 of each year, submit a report to the Secretary of the Department of Parks, Heritage, and Tourism and the General Assembly describing and accounting for the status and condition of each entry listed in the Registry of Scenic Resources and including any recommendations to be considered by the secretary and General Assembly for improving and enhancing the scenic beauty of the state; and

(8) To bring the Registry of Scenic Resources to the attention of the public through its advertising and public relations efforts.

(b) The commission shall not have regulatory power but shall strongly encourage other state agencies to use existing legislation to protect the scenic resources of the state.

Amended by Act 2019, No. 910,§ 5665, eff. 7/1/2019.

Amended by Act 2017, No. 540,§ 16, eff. 8/1/2017.

Acts 1991, No. 999, §§ 5, 6.