Ark. Code Ann. § 15-55-402 — AR Code / Title 15 / Chapter 55 / Subchapter 4 / Section 15-55-402
Findings
Status: in_force

The General Assembly finds: (1) Lignite in Arkansas is a vast energy resource that is virtually untapped and is easily extracted; (2) Lignite could be used in a variety of ways, including: (A) Blending it with fuel products to augment imported coal that is currently used to generate electricity in Arkansas power plants; (B) Using it as a primary fuel source for newly constructed electric power generating plants; and (C) Using it as a primary fuel source for the generation of synthetic natural gas, gasoline, and other economically important by-products; (3) The Office of the State Geologist is interested in developing a research agreement with academic institutions of higher education or industry partners, or both, for purposes of pursuing a research program on Arkansas lignite and lignite's commercial and economic contributions to the state; (4) In the United States, approximately seventy-nine percent (79%) of lignite coal is used to generate electricity, thirteen and five-tenths percent (13.5%) is used to generate synthetic natural gas, and seven and five-tenths percent (7.5%) is used to produce fertilizer products; (5) Currently, Arkansas is not utilizing its lignite resources; whereas, Texas, Mississippi, Louisiana, and North Dakota regard lignite as an important energy source for electrical power generation or synthetic fuels production; and (6) With the creation of strategic partnerships, Arkansas can truly begin a new era in lignite-driven energy and economic development. Amended by Act 2023, No. 697,§ 8, eff. 7/1/2023. Acts 2007, No. 641, § 1; 2009, No. 481, § 7.

The General Assembly finds:

(1) Lignite in Arkansas is a vast energy resource that is virtually untapped and is easily extracted;

(2) Lignite could be used in a variety of ways, including: (A) Blending it with fuel products to augment imported coal that is currently used to generate electricity in Arkansas power plants; (B) Using it as a primary fuel source for newly constructed electric power generating plants; and (C) Using it as a primary fuel source for the generation of synthetic natural gas, gasoline, and other economically important by-products;

(A) Blending it with fuel products to augment imported coal that is currently used to generate electricity in Arkansas power plants;

(B) Using it as a primary fuel source for newly constructed electric power generating plants; and

(C) Using it as a primary fuel source for the generation of synthetic natural gas, gasoline, and other economically important by-products;

(3) The Office of the State Geologist is interested in developing a research agreement with academic institutions of higher education or industry partners, or both, for purposes of pursuing a research program on Arkansas lignite and lignite's commercial and economic contributions to the state;

(4) In the United States, approximately seventy-nine percent (79%) of lignite coal is used to generate electricity, thirteen and five-tenths percent (13.5%) is used to generate synthetic natural gas, and seven and five-tenths percent (7.5%) is used to produce fertilizer products;

(5) Currently, Arkansas is not utilizing its lignite resources; whereas, Texas, Mississippi, Louisiana, and North Dakota regard lignite as an important energy source for electrical power generation or synthetic fuels production; and

(6) With the creation of strategic partnerships, Arkansas can truly begin a new era in lignite-driven energy and economic development.

Amended by Act 2023, No. 697,§ 8, eff. 7/1/2023.

Acts 2007, No. 641, § 1; 2009, No. 481, § 7.
Ark. Code Ann. § 15-11-705 — AR Code / Title 15 / Chapter 11 / Subchapter 7 / Section 15-11-705
Wildlife Observation Trails - Development
Status: in_force

(a) To accept a wildlife observation trail into the Wildlife Observation Trails Pilot Program and be eligible to receive grant moneys under this subchapter, the Department of Parks, Heritage, and Tourism shall require that the wildlife observation trail: (1) Meet the criteria established by the department after consultation with the Wildlife Observation Trails Pilot Program Advisory Board of the Department of Parks, Heritage, and Tourism. The criteria shall include without limitation: (A) A right-of-way or easement for public use for a minimum period of ten (10) years; (B) Trail operation and maintenance by a responsible organization for a minimum period of ten (10) years; (C) Adherence to state trails standards and guidelines for the trail type designated; (D) Location and design of the wildlife observation trail so that it is optimally attractive for wildlife observation; (E) Readiness of the wildlife observation trail for public use; and (F) Proper marking and signing; (2) Conform to goals established in the Statewide Comprehensive Outdoor Recreation Plan or the Arkansas Trails Plan; and (3) Promote tourism and economic development. (b) When designating the grant recipients that are eligible for moneys under this subchapter, the department shall give more consideration to the location and design of a wildlife observation trail that: (1) Is assessed to be a tourism attraction; (2) Promotes economic development; (3) Is designed to have particular appeal to youths for optimal wildlife observation; and (4) Is designed to provide access for hunting or fishing activities. Amended by Act 2019, No. 910,§ 5652, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5651, eff. 7/1/2019. Acts 2009, No. 686, § 1.

(a) To accept a wildlife observation trail into the Wildlife Observation Trails Pilot Program and be eligible to receive grant moneys under this subchapter, the Department of Parks, Heritage, and Tourism shall require that the wildlife observation trail: (1) Meet the criteria established by the department after consultation with the Wildlife Observation Trails Pilot Program Advisory Board of the Department of Parks, Heritage, and Tourism. The criteria shall include without limitation: (A) A right-of-way or easement for public use for a minimum period of ten (10) years; (B) Trail operation and maintenance by a responsible organization for a minimum period of ten (10) years; (C) Adherence to state trails standards and guidelines for the trail type designated; (D) Location and design of the wildlife observation trail so that it is optimally attractive for wildlife observation; (E) Readiness of the wildlife observation trail for public use; and (F) Proper marking and signing; (2) Conform to goals established in the Statewide Comprehensive Outdoor Recreation Plan or the Arkansas Trails Plan; and (3) Promote tourism and economic development.

(1) Meet the criteria established by the department after consultation with the Wildlife Observation Trails Pilot Program Advisory Board of the Department of Parks, Heritage, and Tourism. The criteria shall include without limitation: (A) A right-of-way or easement for public use for a minimum period of ten (10) years; (B) Trail operation and maintenance by a responsible organization for a minimum period of ten (10) years; (C) Adherence to state trails standards and guidelines for the trail type designated; (D) Location and design of the wildlife observation trail so that it is optimally attractive for wildlife observation; (E) Readiness of the wildlife observation trail for public use; and (F) Proper marking and signing;

(A) A right-of-way or easement for public use for a minimum period of ten (10) years;

(B) Trail operation and maintenance by a responsible organization for a minimum period of ten (10) years;

(C) Adherence to state trails standards and guidelines for the trail type designated;

(D) Location and design of the wildlife observation trail so that it is optimally attractive for wildlife observation;

(E) Readiness of the wildlife observation trail for public use; and

(F) Proper marking and signing;

(2) Conform to goals established in the Statewide Comprehensive Outdoor Recreation Plan or the Arkansas Trails Plan; and

(3) Promote tourism and economic development.

(b) When designating the grant recipients that are eligible for moneys under this subchapter, the department shall give more consideration to the location and design of a wildlife observation trail that: (1) Is assessed to be a tourism attraction; (2) Promotes economic development; (3) Is designed to have particular appeal to youths for optimal wildlife observation; and (4) Is designed to provide access for hunting or fishing activities.

(1) Is assessed to be a tourism attraction;

(2) Promotes economic development;

(3) Is designed to have particular appeal to youths for optimal wildlife observation; and

(4) Is designed to provide access for hunting or fishing activities.

Amended by Act 2019, No. 910,§ 5652, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5651, eff. 7/1/2019.

Acts 2009, No. 686, § 1.
Ark. Code Ann. § 15-71-101 — AR Code / Title 15 / Chapter 71 / Section 15-71-101
Creation
Status: in_force

There is created the Oil and Gas Commission, hereinafter in this act called the "commission", to be appointed by the Governor. Acts 1939, No. 105, § 2; 1979, No. 113, § 1; A.S.A. 1947, § 53-102.

There is created the Oil and Gas Commission, hereinafter in this act called the "commission", to be appointed by the Governor.

Acts 1939, No. 105, § 2; 1979, No. 113, § 1; A.S.A. 1947, § 53-102.
Ark. Code Ann. § 15-4-2712 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2712
Restrictions
Status: in_force

(a) Except as provided in subsection (b) of this section, the incentives established by this subchapter may be combined. (b) (1) The investment tax credit authorized in § 15-4-2706(c) shall not be combined with the sales and use tax refund authorized in § 15-4-2706(d) for the same project. (2) The following incentives for targeted businesses may be combined with each other for the same project as long as multiple incentives are not claimed for the same expenditures but shall not be combined with any other incentives authorized in this subchapter during the period in which the qualified business receives incentives under this subchapter: (A) The investment tax credit authorized under § 15-4-2706(b)(7) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; (B) The sales and use tax refund authorized under § 15-4-2706(e) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; (C) The payroll rebate program authorized under § 15-4-2707(e) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ; (D) The payroll income tax credit authorized under § 15-4-2709 may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Investment tax credit authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ; and (E) The research and development income tax credits authorized under § 15-4-2708(b) may be combined with: (i) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; and (ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) . (3) The investment tax credit authorized in § 15-4-2706(b) shall not be combined with the sales and use tax credit authorized in § 15-4-2706(e) for the same project. (4) The job-creation tax credit authorized in § 15-4-2705 shall not be combined with the payroll rebate program authorized in § 15-4-2707 . (5) The investment tax credit authorized in § 15-4-2706(b) shall not be combined with the sales and use tax refund authorized in § 15-4-2706(d) for the same project. (6) The investment tax credit authorized under § 15-4-2706(b) shall not be combined with the sales and use tax credit authorized under § 15-4-2706(c) for the same project. (c) The following are discretionary incentives and are not available unless offered by the Arkansas Economic Development Commission: (1) The payroll rebate program authorized in § 15-4-2707 ; (2) The job-creation tax credit authorized in § 15-4-2709 ; (3) The investment tax credit authorized in § 15-4-2706(b) ; (4) The sales and use tax refund authorized in § 15-4-2706(e) ; and (5) The research and development tax credits authorized in § 15-4-2708(a) -(c). Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Acts 2003, No. 182, § 1; 2009, No. 716, § 13.

(a) Except as provided in subsection (b) of this section, the incentives established by this subchapter may be combined.

(b) (1) The investment tax credit authorized in § 15-4-2706(c) shall not be combined with the sales and use tax refund authorized in § 15-4-2706(d) for the same project. (2) The following incentives for targeted businesses may be combined with each other for the same project as long as multiple incentives are not claimed for the same expenditures but shall not be combined with any other incentives authorized in this subchapter during the period in which the qualified business receives incentives under this subchapter: (A) The investment tax credit authorized under § 15-4-2706(b)(7) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; (B) The sales and use tax refund authorized under § 15-4-2706(e) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; (C) The payroll rebate program authorized under § 15-4-2707(e) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ; (D) The payroll income tax credit authorized under § 15-4-2709 may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Investment tax credit authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ; and (E) The research and development income tax credits authorized under § 15-4-2708(b) may be combined with: (i) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; and (ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) . (3) The investment tax credit authorized in § 15-4-2706(b) shall not be combined with the sales and use tax credit authorized in § 15-4-2706(e) for the same project. (4) The job-creation tax credit authorized in § 15-4-2705 shall not be combined with the payroll rebate program authorized in § 15-4-2707 . (5) The investment tax credit authorized in § 15-4-2706(b) shall not be combined with the sales and use tax refund authorized in § 15-4-2706(d) for the same project. (6) The investment tax credit authorized under § 15-4-2706(b) shall not be combined with the sales and use tax credit authorized under § 15-4-2706(c) for the same project.

(1) The investment tax credit authorized in § 15-4-2706(c) shall not be combined with the sales and use tax refund authorized in § 15-4-2706(d) for the same project.

(2) The following incentives for targeted businesses may be combined with each other for the same project as long as multiple incentives are not claimed for the same expenditures but shall not be combined with any other incentives authorized in this subchapter during the period in which the qualified business receives incentives under this subchapter: (A) The investment tax credit authorized under § 15-4-2706(b)(7) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; (B) The sales and use tax refund authorized under § 15-4-2706(e) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; (C) The payroll rebate program authorized under § 15-4-2707(e) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ; (D) The payroll income tax credit authorized under § 15-4-2709 may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Investment tax credit authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ; and (E) The research and development income tax credits authorized under § 15-4-2708(b) may be combined with: (i) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; and (ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) .

(A) The investment tax credit authorized under § 15-4-2706(b)(7) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ;

(i) The research and development income tax credits authorized under § 15-4-2708(b) ; and

(ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ;

(a) Payroll rebate program authorized under § 15-4-2707(e) ; or

(b) Payroll tax credit program authorized under § 15-4-2709 ;

(B) The sales and use tax refund authorized under § 15-4-2706(e) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ;

(i) The research and development income tax credits authorized under § 15-4-2708(b) ; and

(ii) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ;

(a) Payroll rebate program authorized under § 15-4-2707(e) ; or

(b) Payroll tax credit program authorized under § 15-4-2709 ;

(C) The payroll rebate program authorized under § 15-4-2707(e) may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ;

(i) The research and development income tax credits authorized under § 15-4-2708(b) ; and

(ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ;

(a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or

(b) Sales and use tax refund program authorized under § 15-4-2706(e) ;

(D) The payroll income tax credit authorized under § 15-4-2709 may be combined with: (i) The research and development income tax credits authorized under § 15-4-2708(b) ; and (ii) Either the: (a) Investment tax credit authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ; and

(i) The research and development income tax credits authorized under § 15-4-2708(b) ; and

(ii) Either the: (a) Investment tax credit authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) ; and

(a) Investment tax credit authorized under § 15-4-2706(b)(7) ; or

(b) Sales and use tax refund program authorized under § 15-4-2706(e) ; and

(E) The research and development income tax credits authorized under § 15-4-2708(b) may be combined with: (i) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; and (ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) .

(i) Either the: (a) Payroll rebate program authorized under § 15-4-2707(e) ; or (b) Payroll tax credit program authorized under § 15-4-2709 ; and

(a) Payroll rebate program authorized under § 15-4-2707(e) ; or

(b) Payroll tax credit program authorized under § 15-4-2709 ; and

(ii) Either the: (a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or (b) Sales and use tax refund program authorized under § 15-4-2706(e) .

(a) Investment tax credit program authorized under § 15-4-2706(b)(7) ; or

(b) Sales and use tax refund program authorized under § 15-4-2706(e) .

(3) The investment tax credit authorized in § 15-4-2706(b) shall not be combined with the sales and use tax credit authorized in § 15-4-2706(e) for the same project.

(4) The job-creation tax credit authorized in § 15-4-2705 shall not be combined with the payroll rebate program authorized in § 15-4-2707 .

(5) The investment tax credit authorized in § 15-4-2706(b) shall not be combined with the sales and use tax refund authorized in § 15-4-2706(d) for the same project.

(6) The investment tax credit authorized under § 15-4-2706(b) shall not be combined with the sales and use tax credit authorized under § 15-4-2706(c) for the same project.

(c) The following are discretionary incentives and are not available unless offered by the Arkansas Economic Development Commission: (1) The payroll rebate program authorized in § 15-4-2707 ; (2) The job-creation tax credit authorized in § 15-4-2709 ; (3) The investment tax credit authorized in § 15-4-2706(b) ; (4) The sales and use tax refund authorized in § 15-4-2706(e) ; and (5) The research and development tax credits authorized in § 15-4-2708(a) -(c).

(1) The payroll rebate program authorized in § 15-4-2707 ;

(2) The job-creation tax credit authorized in § 15-4-2709 ;

(3) The investment tax credit authorized in § 15-4-2706(b) ;

(4) The sales and use tax refund authorized in § 15-4-2706(e) ; and

(5) The research and development tax credits authorized in § 15-4-2708(a) -(c).

Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019.

Acts 2003, No. 182, § 1; 2009, No. 716, § 13.
Ark. Code Ann. § 15-5-106 — AR Code / Title 15 / Chapter 5 / Subchapter 1 / Section 15-5-106
Bonds
Status: in_force

The Arkansas Development Finance Authority is authorized to issue bonds for residential community developments. Acts 1993, No. 1309, § 1.

The Arkansas Development Finance Authority is authorized to issue bonds for residential community developments.

Acts 1993, No. 1309, § 1.
Ark. Code Ann. § 15-22-601 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-601
Title
Status: in_force

This subchapter may be referred to and cited as the "Arkansas Water Resources Development Act of 1981". Acts 1981, No. 496, § 1; A.S.A. 1947, § 21-2301.

This subchapter may be referred to and cited as the "Arkansas Water Resources Development Act of 1981".

Acts 1981, No. 496, § 1; A.S.A. 1947, § 21-2301.
Ark. Code Ann. § 15-76-308 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-308
Formation of brine production units
Status: in_force

(a) (1) All producers, as defined in § 15-76-302 , may make application to the Oil and Gas Commission for the establishment of brine production units and brine expansion units. (2) Each application shall be scheduled for public hearing by the commission to be held no later than the next regularly scheduled hearing of the commission that will afford proper notice to be given. (b) Unless a smaller area is requested by a petitioner and established by order of the commission, a brine production unit or a brine expansion unit established by order of the commission shall comprise no fewer than one thousand two hundred eighty (1,280) contiguous surface acres which are reasonably established to be underlain by a common aquifer. (c) (1) A proposed brine production unit shall be approved by the commission if the existing or proposed plan of development is such as to drain efficiently the area of the unit and to protect the correlative rights of each owner therein. (2) Each brine production unit as created by the commission under this subchapter shall constitute a brine production unit as long as a producing well is located therein which is capable of producing brine in paying quantities. (d) (1) A proposed brine expansion unit shall be approved by the commission as a stand-alone brine expansion unit if the existing or proposed plan of development establishes that the operation of an existing brine production unit can be expanded, enhanced, or made more efficient by the placement of one (1) or more production wells or brine injection wells in an expanded area immediately adjacent to the existing brine production unit, if the plan of development is such as to: (A) Drain efficiently the area of the brine expansion unit; and (B) Protect the correlative rights of each owner of the brine expansion unit. (2) Each brine expansion unit as created by the commission under this subchapter shall constitute a unit as long as a producing well is located within: (A) The brine expansion unit; or (B) The adjacent brine production unit that is capable of producing brine in paying quantities. Amended by Act 2015, No. 89,§ 3, eff. 2/13/2015. Acts 1979, No. 937, § 5; A.S.A. 1947, § 53-1305.

(a) (1) All producers, as defined in § 15-76-302 , may make application to the Oil and Gas Commission for the establishment of brine production units and brine expansion units. (2) Each application shall be scheduled for public hearing by the commission to be held no later than the next regularly scheduled hearing of the commission that will afford proper notice to be given.

(1) All producers, as defined in § 15-76-302 , may make application to the Oil and Gas Commission for the establishment of brine production units and brine expansion units.

(2) Each application shall be scheduled for public hearing by the commission to be held no later than the next regularly scheduled hearing of the commission that will afford proper notice to be given.

(b) Unless a smaller area is requested by a petitioner and established by order of the commission, a brine production unit or a brine expansion unit established by order of the commission shall comprise no fewer than one thousand two hundred eighty (1,280) contiguous surface acres which are reasonably established to be underlain by a common aquifer.

(c) (1) A proposed brine production unit shall be approved by the commission if the existing or proposed plan of development is such as to drain efficiently the area of the unit and to protect the correlative rights of each owner therein. (2) Each brine production unit as created by the commission under this subchapter shall constitute a brine production unit as long as a producing well is located therein which is capable of producing brine in paying quantities.

(1) A proposed brine production unit shall be approved by the commission if the existing or proposed plan of development is such as to drain efficiently the area of the unit and to protect the correlative rights of each owner therein.

(2) Each brine production unit as created by the commission under this subchapter shall constitute a brine production unit as long as a producing well is located therein which is capable of producing brine in paying quantities.

(d) (1) A proposed brine expansion unit shall be approved by the commission as a stand-alone brine expansion unit if the existing or proposed plan of development establishes that the operation of an existing brine production unit can be expanded, enhanced, or made more efficient by the placement of one (1) or more production wells or brine injection wells in an expanded area immediately adjacent to the existing brine production unit, if the plan of development is such as to: (A) Drain efficiently the area of the brine expansion unit; and (B) Protect the correlative rights of each owner of the brine expansion unit. (2) Each brine expansion unit as created by the commission under this subchapter shall constitute a unit as long as a producing well is located within: (A) The brine expansion unit; or (B) The adjacent brine production unit that is capable of producing brine in paying quantities.

(1) A proposed brine expansion unit shall be approved by the commission as a stand-alone brine expansion unit if the existing or proposed plan of development establishes that the operation of an existing brine production unit can be expanded, enhanced, or made more efficient by the placement of one (1) or more production wells or brine injection wells in an expanded area immediately adjacent to the existing brine production unit, if the plan of development is such as to: (A) Drain efficiently the area of the brine expansion unit; and (B) Protect the correlative rights of each owner of the brine expansion unit.

(A) Drain efficiently the area of the brine expansion unit; and

(B) Protect the correlative rights of each owner of the brine expansion unit.

(2) Each brine expansion unit as created by the commission under this subchapter shall constitute a unit as long as a producing well is located within: (A) The brine expansion unit; or (B) The adjacent brine production unit that is capable of producing brine in paying quantities.

(A) The brine expansion unit; or

(B) The adjacent brine production unit that is capable of producing brine in paying quantities.

Amended by Act 2015, No. 89,§ 3, eff. 2/13/2015.

Acts 1979, No. 937, § 5; A.S.A. 1947, § 53-1305.
Ark. Code Ann. § 15-30-102 — AR Code / Title 15 / Chapter 30 / Subchapter 1 / Section 15-30-102
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The prescribed burning of forestlands is a management tool that is beneficial to Arkansas's public safety, forest, and wildlife resources, environment, and economy; (2) The prescribed burning of forestlands reduces the naturally occurring buildup of vegetative fuels on forestlands, which reduces the risk and severity of wildfires and lessens the loss of life and property when wildfires occur; (3) The state's ever-increasing population is resulting in urban development directly adjacent to fire-prone forestlands, which is referred to as a wildland-urban interface area; (4) The use of prescribed burning in these wildland-urban interface areas substantially reduces the risk of wildfires that cause damage; (5) Many of Arkansas's natural ecosystems require periodic fire for their survival; (6) Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities; (7) Prescribed burning benefits game, nongame, and endangered wildlife species by increasing the growth and yield of plants that provide forage and an area for escape and brooding and that satisfy other habitat needs; (8) Forestlands are economic, biological, and aesthetic resources of statewide significance; (9) In addition to reducing the frequency and severity of wildfires, prescribed burning of forestlands helps to prepare sites for replanting and natural seeding, to control insects and diseases, and to increase productivity; (10) Prescribed burning enhances the resources on public use lands, such as state and national forests, wildlife refuges, nature preserves, and wildlife management areas; and (11) Prescribed burning enhances private lands that are managed for wildlife refuges, recreation, nature preserves, game lands, and other purposes. (b) It is the intent of the General Assembly that prescribed burning is conducted in Arkansas: (1) To reap the benefits described in subsection (a) of this section; and (2) In a responsible and safe manner. Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.

(a) The General Assembly finds that: (1) The prescribed burning of forestlands is a management tool that is beneficial to Arkansas's public safety, forest, and wildlife resources, environment, and economy; (2) The prescribed burning of forestlands reduces the naturally occurring buildup of vegetative fuels on forestlands, which reduces the risk and severity of wildfires and lessens the loss of life and property when wildfires occur; (3) The state's ever-increasing population is resulting in urban development directly adjacent to fire-prone forestlands, which is referred to as a wildland-urban interface area; (4) The use of prescribed burning in these wildland-urban interface areas substantially reduces the risk of wildfires that cause damage; (5) Many of Arkansas's natural ecosystems require periodic fire for their survival; (6) Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities; (7) Prescribed burning benefits game, nongame, and endangered wildlife species by increasing the growth and yield of plants that provide forage and an area for escape and brooding and that satisfy other habitat needs; (8) Forestlands are economic, biological, and aesthetic resources of statewide significance; (9) In addition to reducing the frequency and severity of wildfires, prescribed burning of forestlands helps to prepare sites for replanting and natural seeding, to control insects and diseases, and to increase productivity; (10) Prescribed burning enhances the resources on public use lands, such as state and national forests, wildlife refuges, nature preserves, and wildlife management areas; and (11) Prescribed burning enhances private lands that are managed for wildlife refuges, recreation, nature preserves, game lands, and other purposes.

(1) The prescribed burning of forestlands is a management tool that is beneficial to Arkansas's public safety, forest, and wildlife resources, environment, and economy;

(2) The prescribed burning of forestlands reduces the naturally occurring buildup of vegetative fuels on forestlands, which reduces the risk and severity of wildfires and lessens the loss of life and property when wildfires occur;

(3) The state's ever-increasing population is resulting in urban development directly adjacent to fire-prone forestlands, which is referred to as a wildland-urban interface area;

(4) The use of prescribed burning in these wildland-urban interface areas substantially reduces the risk of wildfires that cause damage;

(5) Many of Arkansas's natural ecosystems require periodic fire for their survival;

(6) Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities;

(7) Prescribed burning benefits game, nongame, and endangered wildlife species by increasing the growth and yield of plants that provide forage and an area for escape and brooding and that satisfy other habitat needs;

(8) Forestlands are economic, biological, and aesthetic resources of statewide significance;

(9) In addition to reducing the frequency and severity of wildfires, prescribed burning of forestlands helps to prepare sites for replanting and natural seeding, to control insects and diseases, and to increase productivity;

(10) Prescribed burning enhances the resources on public use lands, such as state and national forests, wildlife refuges, nature preserves, and wildlife management areas; and

(11) Prescribed burning enhances private lands that are managed for wildlife refuges, recreation, nature preserves, game lands, and other purposes.

(b) It is the intent of the General Assembly that prescribed burning is conducted in Arkansas: (1) To reap the benefits described in subsection (a) of this section; and (2) In a responsible and safe manner.

(1) To reap the benefits described in subsection (a) of this section; and

(2) In a responsible and safe manner.

Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 15-4-2501 — AR Code / Title 15 / Chapter 4 / Subchapter 25 / Section 15-4-2501
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Economic Development Commission; (2) "Community lender" means any organization that is involved in making loans to small businesses within this state; (3) "Council" means the Arkansas Economic Development Council; (4) [Repealed.] (5) (A) "High unemployment" means an unemployment rate equal to or greater than one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the Division of Workforce Services, when the state's annual average unemployment is six percent (6%) or lower. (B) However, when the state's unemployment rate is above six percent (6%), "high unemployment" means unemployment equal to or greater than three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division; (6) "Small business" means business enterprises with fewer than fifty (50) full-time employees and less than one million dollars ($1,000,000) in annual gross sales or receipts; and (7) "Small-business person" means an individual, firm, partnership, limited liability company, corporation, or any other business entity in any form that owns and operates a small business. Amended by Act 2019, No. 910,§ 390, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 389, eff. 7/1/2019. Acts 2001, No. 913, § 2; 2005, No. 892, § 1.

As used in this subchapter:

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

(2) "Community lender" means any organization that is involved in making loans to small businesses within this state;

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

(4) [Repealed.]

(5) (A) "High unemployment" means an unemployment rate equal to or greater than one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the Division of Workforce Services, when the state's annual average unemployment is six percent (6%) or lower. (B) However, when the state's unemployment rate is above six percent (6%), "high unemployment" means unemployment equal to or greater than three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division;

(A) "High unemployment" means an unemployment rate equal to or greater than one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the Division of Workforce Services, when the state's annual average unemployment is six percent (6%) or lower.

(B) However, when the state's unemployment rate is above six percent (6%), "high unemployment" means unemployment equal to or greater than three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division;

(6) "Small business" means business enterprises with fewer than fifty (50) full-time employees and less than one million dollars ($1,000,000) in annual gross sales or receipts; and

(7) "Small-business person" means an individual, firm, partnership, limited liability company, corporation, or any other business entity in any form that owns and operates a small business.

Amended by Act 2019, No. 910,§ 390, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 389, eff. 7/1/2019.

Acts 2001, No. 913, § 2; 2005, No. 892, § 1.
Ark. Code Ann. § 15-58-402 — AR Code / Title 15 / Chapter 58 / Subchapter 4 / Section 15-58-402
State priorities
Status: in_force

Expenditure of moneys from the fund on lands and water eligible under § 15-58-401 for the purposes of this chapter shall reflect the following priorities in the order stated: (1) "Priority I" includes the protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, including the restoration of land and water resources and the environment that: (A) Have been degraded by the adverse effects of coal mining practices; and (B) Are adjacent to a site that has been or will be addressed to protect public health, safety, and property from extreme danger of adverse effects of coal mining practices; (2) "Priority II" includes the protection of public health and safety from adverse effects of coal mining practices, including restoration of land and water resources and the environment that: (A) Have been degraded by the adverse effects of coal mining practices; and (B) Are adjacent to a site that has been or will be addressed to protect the public health and safety from the adverse effects of coal mining practices; and (3) (A) "Priority III" includes the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreational resources, and agricultural productivity. (B) Priority III land and water resources that are geographically contiguous with existing or remediated Priority I or Priority II problems shall be considered adjacent under the definitions of Priority I or Priority II above. (C) If the state receives any funding under 30 CFR § 872.14 , 30 CFR § 872.17 , or 30 CFR § 872.21 , then the state may expend these funds to reclaim Priority III lands and waters if either of the following conditions applies: (i) Facilitating the Priority I or Priority II reclamation; or (ii) Providing reasonable savings towards the objective of reclaiming all Priority III land and water problems within the state's jurisdiction. Acts 1979, No. 134, § 7; A.S.A. 1947, § 52-941; Acts 2011, No. 279, § 6.

Expenditure of moneys from the fund on lands and water eligible under § 15-58-401 for the purposes of this chapter shall reflect the following priorities in the order stated:

(1) "Priority I" includes the protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, including the restoration of land and water resources and the environment that: (A) Have been degraded by the adverse effects of coal mining practices; and (B) Are adjacent to a site that has been or will be addressed to protect public health, safety, and property from extreme danger of adverse effects of coal mining practices;

(A) Have been degraded by the adverse effects of coal mining practices; and

(B) Are adjacent to a site that has been or will be addressed to protect public health, safety, and property from extreme danger of adverse effects of coal mining practices;

(2) "Priority II" includes the protection of public health and safety from adverse effects of coal mining practices, including restoration of land and water resources and the environment that: (A) Have been degraded by the adverse effects of coal mining practices; and (B) Are adjacent to a site that has been or will be addressed to protect the public health and safety from the adverse effects of coal mining practices; and

(A) Have been degraded by the adverse effects of coal mining practices; and

(B) Are adjacent to a site that has been or will be addressed to protect the public health and safety from the adverse effects of coal mining practices; and

(3) (A) "Priority III" includes the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreational resources, and agricultural productivity. (B) Priority III land and water resources that are geographically contiguous with existing or remediated Priority I or Priority II problems shall be considered adjacent under the definitions of Priority I or Priority II above. (C) If the state receives any funding under 30 CFR § 872.14 , 30 CFR § 872.17 , or 30 CFR § 872.21 , then the state may expend these funds to reclaim Priority III lands and waters if either of the following conditions applies: (i) Facilitating the Priority I or Priority II reclamation; or (ii) Providing reasonable savings towards the objective of reclaiming all Priority III land and water problems within the state's jurisdiction.

(A) "Priority III" includes the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreational resources, and agricultural productivity.

(B) Priority III land and water resources that are geographically contiguous with existing or remediated Priority I or Priority II problems shall be considered adjacent under the definitions of Priority I or Priority II above.

(C) If the state receives any funding under 30 CFR § 872.14 , 30 CFR § 872.17 , or 30 CFR § 872.21 , then the state may expend these funds to reclaim Priority III lands and waters if either of the following conditions applies: (i) Facilitating the Priority I or Priority II reclamation; or (ii) Providing reasonable savings towards the objective of reclaiming all Priority III land and water problems within the state's jurisdiction.

(i) Facilitating the Priority I or Priority II reclamation; or

(ii) Providing reasonable savings towards the objective of reclaiming all Priority III land and water problems within the state's jurisdiction.

Acts 1979, No. 134, § 7; A.S.A. 1947, § 52-941; Acts 2011, No. 279, § 6.
Ark. Code Ann. § 15-20-205 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-205
Director of commission - Department of Agriculture authority
Status: in_force

(a) (1) The Director of the Arkansas Natural Resources Commission shall be appointed by and serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Agriculture. (b) The Department of Agriculture shall be charged with the duty of administering the provisions of this subchapter and the rules and orders established thereunder by the Arkansas Natural Resources Commission. (c) The commission, by resolution duly adopted, may delegate to the department any of the powers or duties vested in or imposed upon the commission by this subchapter. These delegated powers and duties may be exercised by the department or the department's designee in the name of the commission. (d) The Secretary of the Department of Agriculture shall be custodian of all property held in the name of the commission and shall be ex officio the disbursing agent of all funds available for use by the commission. Amended by Act 2019, No. 315,§ 1110, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 58, eff. 7/1/2019. Acts 1963, No. 14, §§ 8, 9; A.S.A. 1947, §§ 9-125, 9-126.

(a) (1) The Director of the Arkansas Natural Resources Commission shall be appointed by and serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Agriculture.

(1) The Director of the Arkansas Natural Resources Commission shall be appointed by and serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Agriculture.

(b) The Department of Agriculture shall be charged with the duty of administering the provisions of this subchapter and the rules and orders established thereunder by the Arkansas Natural Resources Commission.

(c) The commission, by resolution duly adopted, may delegate to the department any of the powers or duties vested in or imposed upon the commission by this subchapter. These delegated powers and duties may be exercised by the department or the department's designee in the name of the commission.

(d) The Secretary of the Department of Agriculture shall be custodian of all property held in the name of the commission and shall be ex officio the disbursing agent of all funds available for use by the commission.

Amended by Act 2019, No. 315,§ 1110, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 58, eff. 7/1/2019.

Acts 1963, No. 14, §§ 8, 9; A.S.A. 1947, §§ 9-125, 9-126.
Ark. Code Ann. § 15-3-118 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-118
[Repealed]
Status: repealed

Repealed by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 10; 1985, No. 409, § 8; A.S.A. 1947, § 6-1610.

Repealed by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015.

Acts 1983, No. 859, § 10; 1985, No. 409, § 8; A.S.A. 1947, § 6-1610.
Ark. Code Ann. § 15-72-304 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-304
Integration orders generally
Status: in_force

(a) All orders requiring integration shall be made after notice and an opportunity for a hearing and shall be upon terms and conditions that are just and reasonable and that will afford the owner of each tract or interest in the drilling unit the opportunity to recover or receive his or her just and equitable share of the oil and gas in the pool without unnecessary expense and will prevent or minimize reasonably avoidable drainage from each developed unit which is not equalized by counter drainage. (b) In the event the drilling of a well has not been commenced or, if commenced, the well has not been completed as a well capable of producing oil and gas in commercial quantities on the lands comprising the drilling unit on the effective date of the order requiring integration, the order shall: (1) Authorize the drilling or completion and the equipping and operation of a well on the drilling unit; (2) Provide who shall drill, complete, and operate the well; (3) Prescribe the time and manner in which all owners in the drilling unit who may desire to pay their share of the costs of such operations and participate therein may elect to do so; and (4) (A) Provide that an owner who does not affirmatively elect to participate in the risk and cost of the operations shall transfer his or her rights in the drilling unit and the production from the unit well to the parties who elect to participate in the risk and cost of the operations for a reasonable consideration and on a reasonable basis that shall be determined, in the absence of agreement between the parties, by the Oil and Gas Commission or by the Director of Production and Conservation, if the order is eligible for approval in accordance with rules adopted by the commission. (B) The transfer may be either a permanent transfer or may be for a limited period pending recoupment out of the share of production attributable to the interest of the nonparticipating owner by the participating parties of an amount equal to the share of the costs that would have been borne by the nonparticipating party had he or she participated in the operations, plus an additional sum to be fixed by the commission or by the director if the order is eligible for approval in accordance with rules adopted by the commission. (c) In the event there is a well capable of producing oil or gas in commercial quantities on the lands comprising the drilling unit on the effective date of the order requiring integration, the order shall: (1) Authorize the operation of the well; (2) Provide who shall operate the well; and (3) Provide that within the time stipulated in the order any owner in the drilling unit who did not participate in the drilling of the well shall either reimburse the drilling parties in cash for his or her share of the actual cost of drilling, completing, and equipping the well or shall transfer his or her rights in such drilling unit and the production from the well to the drilling parties until those parties have received out of the share of production attributable to the interest so transferred an amount equal to the share of the costs that would have been borne by the transferring party had he or she participated in drilling, completing, equipping, and operating the well, plus an additional sum to be fixed by the commission. (d) In the event there is an unleased mineral interest or interests in any drilling unit, the owner thereof shall be regarded as the owner of a royalty interest to the extent of a one-eighth interest in and to the unleased mineral interest. This royalty interest shall not be affected by the provisions of subsections (b) and (c) of this section. Amended by Act 2015, No. 906,§ 2, eff. 7/22/2015. Acts 1939, No. 105, § 15; 1963, No. 536, § 1; A.S.A. 1947, § 53-115.

(a) All orders requiring integration shall be made after notice and an opportunity for a hearing and shall be upon terms and conditions that are just and reasonable and that will afford the owner of each tract or interest in the drilling unit the opportunity to recover or receive his or her just and equitable share of the oil and gas in the pool without unnecessary expense and will prevent or minimize reasonably avoidable drainage from each developed unit which is not equalized by counter drainage.

(b) In the event the drilling of a well has not been commenced or, if commenced, the well has not been completed as a well capable of producing oil and gas in commercial quantities on the lands comprising the drilling unit on the effective date of the order requiring integration, the order shall: (1) Authorize the drilling or completion and the equipping and operation of a well on the drilling unit; (2) Provide who shall drill, complete, and operate the well; (3) Prescribe the time and manner in which all owners in the drilling unit who may desire to pay their share of the costs of such operations and participate therein may elect to do so; and (4) (A) Provide that an owner who does not affirmatively elect to participate in the risk and cost of the operations shall transfer his or her rights in the drilling unit and the production from the unit well to the parties who elect to participate in the risk and cost of the operations for a reasonable consideration and on a reasonable basis that shall be determined, in the absence of agreement between the parties, by the Oil and Gas Commission or by the Director of Production and Conservation, if the order is eligible for approval in accordance with rules adopted by the commission. (B) The transfer may be either a permanent transfer or may be for a limited period pending recoupment out of the share of production attributable to the interest of the nonparticipating owner by the participating parties of an amount equal to the share of the costs that would have been borne by the nonparticipating party had he or she participated in the operations, plus an additional sum to be fixed by the commission or by the director if the order is eligible for approval in accordance with rules adopted by the commission.

(1) Authorize the drilling or completion and the equipping and operation of a well on the drilling unit;

(2) Provide who shall drill, complete, and operate the well;

(3) Prescribe the time and manner in which all owners in the drilling unit who may desire to pay their share of the costs of such operations and participate therein may elect to do so; and

(4) (A) Provide that an owner who does not affirmatively elect to participate in the risk and cost of the operations shall transfer his or her rights in the drilling unit and the production from the unit well to the parties who elect to participate in the risk and cost of the operations for a reasonable consideration and on a reasonable basis that shall be determined, in the absence of agreement between the parties, by the Oil and Gas Commission or by the Director of Production and Conservation, if the order is eligible for approval in accordance with rules adopted by the commission. (B) The transfer may be either a permanent transfer or may be for a limited period pending recoupment out of the share of production attributable to the interest of the nonparticipating owner by the participating parties of an amount equal to the share of the costs that would have been borne by the nonparticipating party had he or she participated in the operations, plus an additional sum to be fixed by the commission or by the director if the order is eligible for approval in accordance with rules adopted by the commission.

(A) Provide that an owner who does not affirmatively elect to participate in the risk and cost of the operations shall transfer his or her rights in the drilling unit and the production from the unit well to the parties who elect to participate in the risk and cost of the operations for a reasonable consideration and on a reasonable basis that shall be determined, in the absence of agreement between the parties, by the Oil and Gas Commission or by the Director of Production and Conservation, if the order is eligible for approval in accordance with rules adopted by the commission.

(B) The transfer may be either a permanent transfer or may be for a limited period pending recoupment out of the share of production attributable to the interest of the nonparticipating owner by the participating parties of an amount equal to the share of the costs that would have been borne by the nonparticipating party had he or she participated in the operations, plus an additional sum to be fixed by the commission or by the director if the order is eligible for approval in accordance with rules adopted by the commission.

(c) In the event there is a well capable of producing oil or gas in commercial quantities on the lands comprising the drilling unit on the effective date of the order requiring integration, the order shall: (1) Authorize the operation of the well; (2) Provide who shall operate the well; and (3) Provide that within the time stipulated in the order any owner in the drilling unit who did not participate in the drilling of the well shall either reimburse the drilling parties in cash for his or her share of the actual cost of drilling, completing, and equipping the well or shall transfer his or her rights in such drilling unit and the production from the well to the drilling parties until those parties have received out of the share of production attributable to the interest so transferred an amount equal to the share of the costs that would have been borne by the transferring party had he or she participated in drilling, completing, equipping, and operating the well, plus an additional sum to be fixed by the commission.

(1) Authorize the operation of the well;

(2) Provide who shall operate the well; and

(3) Provide that within the time stipulated in the order any owner in the drilling unit who did not participate in the drilling of the well shall either reimburse the drilling parties in cash for his or her share of the actual cost of drilling, completing, and equipping the well or shall transfer his or her rights in such drilling unit and the production from the well to the drilling parties until those parties have received out of the share of production attributable to the interest so transferred an amount equal to the share of the costs that would have been borne by the transferring party had he or she participated in drilling, completing, equipping, and operating the well, plus an additional sum to be fixed by the commission.

(d) In the event there is an unleased mineral interest or interests in any drilling unit, the owner thereof shall be regarded as the owner of a royalty interest to the extent of a one-eighth interest in and to the unleased mineral interest. This royalty interest shall not be affected by the provisions of subsections (b) and (c) of this section.

Amended by Act 2015, No. 906,§ 2, eff. 7/22/2015.

Acts 1939, No. 105, § 15; 1963, No. 536, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-20-1321 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1321
Severability
Status: in_force

If, for any reason, any section or provision of this subchapter shall be held to be unconstitutional or invalid for any reason, such holding shall not affect the remainder of this subchapter, but this subchapter, insofar as it is not in conflict with the Arkansas Constitution or the United States Constitution, shall be permitted to stand, and the various provisions of this subchapter are hereby declared to be severable for that purpose. Acts 2007, No. 631, § 1.

If, for any reason, any section or provision of this subchapter shall be held to be unconstitutional or invalid for any reason, such holding shall not affect the remainder of this subchapter, but this subchapter, insofar as it is not in conflict with the Arkansas Constitution or the United States Constitution, shall be permitted to stand, and the various provisions of this subchapter are hereby declared to be severable for that purpose.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-57-405 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-405
Notification of temporarily closed quarry
Status: in_force

(a) Quarry sites in which operations are only occasionally conducted and in which the operator anticipates future quarry activity can be shut down on a temporary basis. If so, the operator will file a notification of temporarily closed quarry with the Division of Environmental Quality, within thirty (30) days after an operation is closed. Full reclamation will not be required until no further additional quarrying is anticipated or the quarry is exhausted. All operational safeguards, as described in this subchapter, will remain in place as required until the quarry is exhausted. The notification of temporarily closed quarry will contain the following: (1) Same information as notification of intent to quarry per § 15-57-404(a) ; and (2) Right to temporarily close as follows: "I, operator of [quarry name], located at [legal description in __________________ County], have the legal right by deeds, leases, or other instruments to temporarily close this quarry operation until such time as it becomes necessary to reactivate this operation. I will comply with all state and federal laws, rules, and regulations during this temporary closure and inactive status." (b) When an operator closes a quarry and fails to file a notification of temporarily closed quarry with the division within sixty (60) days, the division may levy a fine of not more than one hundred dollars ($100) per day by citation until said notification is received. The maximum fine is five thousand dollars ($5,000). (c) If a notification of temporarily closed quarry is not received within ninety (90) days of the issuance of the citation, the division may declare that the quarry is in default and require the operator to reclaim the site as per the bonding and reclamation requirements or the division may forfeit the bond and issue a contract to have the site reclaimed as per the reclamation requirements. Amended by Act 2019, No. 315,§ 1170, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3121, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3120, eff. 7/1/2019. Acts 1997, No. 1166, § 5.

(a) Quarry sites in which operations are only occasionally conducted and in which the operator anticipates future quarry activity can be shut down on a temporary basis. If so, the operator will file a notification of temporarily closed quarry with the Division of Environmental Quality, within thirty (30) days after an operation is closed. Full reclamation will not be required until no further additional quarrying is anticipated or the quarry is exhausted. All operational safeguards, as described in this subchapter, will remain in place as required until the quarry is exhausted. The notification of temporarily closed quarry will contain the following: (1) Same information as notification of intent to quarry per § 15-57-404(a) ; and (2) Right to temporarily close as follows: "I, operator of [quarry name], located at [legal description in __________________ County], have the legal right by deeds, leases, or other instruments to temporarily close this quarry operation until such time as it becomes necessary to reactivate this operation. I will comply with all state and federal laws, rules, and regulations during this temporary closure and inactive status."

(1) Same information as notification of intent to quarry per § 15-57-404(a) ; and

(2) Right to temporarily close as follows: "I, operator of [quarry name], located at [legal description in __________________ County], have the legal right by deeds, leases, or other instruments to temporarily close this quarry operation until such time as it becomes necessary to reactivate this operation. I will comply with all state and federal laws, rules, and regulations during this temporary closure and inactive status."

"I, operator of [quarry name], located at [legal description in __________________ County], have the legal right by deeds, leases, or other instruments to temporarily close this quarry operation until such time as it becomes necessary to reactivate this operation. I will comply with all state and federal laws, rules, and regulations during this temporary closure and inactive status."

(b) When an operator closes a quarry and fails to file a notification of temporarily closed quarry with the division within sixty (60) days, the division may levy a fine of not more than one hundred dollars ($100) per day by citation until said notification is received. The maximum fine is five thousand dollars ($5,000).

(c) If a notification of temporarily closed quarry is not received within ninety (90) days of the issuance of the citation, the division may declare that the quarry is in default and require the operator to reclaim the site as per the bonding and reclamation requirements or the division may forfeit the bond and issue a contract to have the site reclaimed as per the reclamation requirements.

Amended by Act 2019, No. 315,§ 1170, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3121, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3120, eff. 7/1/2019.

Acts 1997, No. 1166, § 5.
Ark. Code Ann. § 15-44-110 — AR Code / Title 15 / Chapter 44 / Section 15-44-110
Dams, etc. - Fish runways
Status: in_force

(a) Any person owning or controlling any dam or other obstruction across any river, creek, or other watercourse in this state is required to keep the dam or other obstruction open sufficiently to admit the free and easy passage of all fish ascending or descending the river or other watercourse from March 1 until June 1 of each year. (1) This section shall not apply to dams constructed for the accumulation of water power for mills and manufactories. (2) All persons owning or controlling any dam constructed for the accumulation of water power for mills and manufactories are required to construct and to keep open a chute over the dam or obstruction, sufficient for the passage of all fish ascending or descending the river or watercourse. (b) (1) It shall be unlawful to obstruct or block, cut off, or dam any stream or body of water in this state so that the free and easy passage of fish is not permitted at all times unless the provisions of subsection (a) of this section are complied with. (2) A violation of this section shall be a misdemeanor, and convicted persons shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500). Acts 1879, No. 51, § 2, p. 60; 1899, No. 188, § 1, p. 332; C. & M. Dig., § 4789; Acts 1927, No. 151, § 12; Pope's Dig., §§ 5947, 5974; A.S.A. 1947, §§ 47-512, 47-514.

(a) Any person owning or controlling any dam or other obstruction across any river, creek, or other watercourse in this state is required to keep the dam or other obstruction open sufficiently to admit the free and easy passage of all fish ascending or descending the river or other watercourse from March 1 until June 1 of each year. (1) This section shall not apply to dams constructed for the accumulation of water power for mills and manufactories. (2) All persons owning or controlling any dam constructed for the accumulation of water power for mills and manufactories are required to construct and to keep open a chute over the dam or obstruction, sufficient for the passage of all fish ascending or descending the river or watercourse.

(1) This section shall not apply to dams constructed for the accumulation of water power for mills and manufactories.

(2) All persons owning or controlling any dam constructed for the accumulation of water power for mills and manufactories are required to construct and to keep open a chute over the dam or obstruction, sufficient for the passage of all fish ascending or descending the river or watercourse.

(b) (1) It shall be unlawful to obstruct or block, cut off, or dam any stream or body of water in this state so that the free and easy passage of fish is not permitted at all times unless the provisions of subsection (a) of this section are complied with. (2) A violation of this section shall be a misdemeanor, and convicted persons shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500).

(1) It shall be unlawful to obstruct or block, cut off, or dam any stream or body of water in this state so that the free and easy passage of fish is not permitted at all times unless the provisions of subsection (a) of this section are complied with.

(2) A violation of this section shall be a misdemeanor, and convicted persons shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500).

Acts 1879, No. 51, § 2, p. 60; 1899, No. 188, § 1, p. 332; C. & M. Dig., § 4789; Acts 1927, No. 151, § 12; Pope's Dig., §§ 5947, 5974; A.S.A. 1947, §§ 47-512, 47-514.
Ark. Code Ann. § 15-11-507 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-507
Tourism attraction project sales tax credit
Status: in_force

(a) Upon receiving notification from the Director of the Arkansas Economic Development Commission that an approved company has entered into a tourism attraction project agreement and is entitled to the sales tax credits provided by this subchapter, the Secretary of the Department of Finance and Administration shall provide the approved company with such forms and instructions as are necessary to claim those credits. (b) (1) (A) (i) (a) An approved company shall be entitled to a credit if the approved company certifies to the Secretary of the Department of Finance and Administration that it has expended at least five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties in approved costs and the director certifies that the approved company is in compliance with this subchapter. (b) (1) The Secretary of the Department of Finance and Administration shall then issue a sales tax credit memorandum to the approved company equal to fifteen percent (15%) of the approved costs. (2) However, in high-unemployment counties the Secretary of the Department of Finance and Administration shall issue a credit memorandum to the approved company equal to twenty-five percent (25%) of the approved costs. (c) The sales tax credit memorandum shall not include an offset of the tourism tax levied under § 26-63-401 et seq. (ii) Subsequent requests for credit for additional certified approved costs shall be filed with the Department of Finance and Administration during the term of the agreement. (B) (i) The Secretary of the Department of Finance and Administration may require proof of expenditures. (ii) Additional credit memoranda may be issued as the approved company certifies additional expenditures of approved costs. (2) (A) No sales tax credit memorandum shall be issued for any approved costs expended after the expiration of two (2) years from the date the agreement was signed by the director and the approved company. (B) However, the director, with the advice and consent of the Secretary of the Department of Finance and Administration, may authorize sales tax credits for approved costs expended up to four (4) years from the date the agreement was signed if the director determines that the failure to complete the tourism attraction project within two (2) years resulted from: (i) Unanticipated and unavoidable delay in the construction of the tourism attraction project; (ii) The tourism attraction project, as originally planned, will require more than two (2) years to complete; or (iii) A change in business ownership or business structure resulting from a merger or acquisition. (c) The credit memorandum issued pursuant to subsection (b) of this section may be used to offset a portion of the reported state sales, or gross receipts, tax liability of the approved company for all sales tax reporting periods following the issuance of the credit memorandum, subject to the following limitations: (1) Only increased state sales tax liability as defined in this subchapter may be offset by the issued credit; (2) (A) An approved company whose agreement provides that it shall expend approved costs in excess of five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties shall be entitled to use one hundred percent (100%) of the issued credit to offset increased state sales tax liability during the first year if its tax liability is equal to or greater than the amount issued in the state sales tax credit memorandum. (B) Unused credits may be carried forward for a period of nine (9) years; (3) All issued credit memoranda shall expire at the end of the month following the expiration of the agreement as provided in § 15-11-506 ; and (4) Except as provided in § 15-11-511 , credit memoranda shall not be used to offset any tax other than state sales tax. (d) The approved company shall have no obligation to refund or otherwise return any amount of this credit to the person from whom the sales tax was collected. (e) By April 1 of each year, the Secretary of the Department of Finance and Administration shall certify to the director the state sales tax liability of the approved companies receiving inducements under this section and the amount of state sales tax credits taken during the preceding calendar year. (f) (1) The Secretary of the Department of Finance and Administration may promulgate administrative rules as are necessary for the proper administration of this subchapter. (2) The Secretary of the Department of Finance and Administration may also develop such forms and instructions as are necessary for an approved company to claim the sales tax credit provided by this subchapter. (g) (1) The Secretary of the Department of Finance and Administration shall have the authority to obtain any information necessary from the approved company and the director to verify that approved companies have received the proper amounts of sales tax credits as authorized by this subchapter. (2) The Secretary of the Department of Finance and Administration shall demand the repayment of any credits taken in excess of the credit allowed by this subchapter. Amended by Act 2019, No. 315,§ 1107, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3407, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 462, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 461, eff. 7/1/2019. Acts 1997, No. 291, § 7; 1999, No. 1135, § 4; 1999, No. 1510, § 1; 2005, No. 1962, § 64; 2005, No. 2308, § 5; 2007, No. 182, § 13.

(a) Upon receiving notification from the Director of the Arkansas Economic Development Commission that an approved company has entered into a tourism attraction project agreement and is entitled to the sales tax credits provided by this subchapter, the Secretary of the Department of Finance and Administration shall provide the approved company with such forms and instructions as are necessary to claim those credits.

(b) (1) (A) (i) (a) An approved company shall be entitled to a credit if the approved company certifies to the Secretary of the Department of Finance and Administration that it has expended at least five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties in approved costs and the director certifies that the approved company is in compliance with this subchapter. (b) (1) The Secretary of the Department of Finance and Administration shall then issue a sales tax credit memorandum to the approved company equal to fifteen percent (15%) of the approved costs. (2) However, in high-unemployment counties the Secretary of the Department of Finance and Administration shall issue a credit memorandum to the approved company equal to twenty-five percent (25%) of the approved costs. (c) The sales tax credit memorandum shall not include an offset of the tourism tax levied under § 26-63-401 et seq. (ii) Subsequent requests for credit for additional certified approved costs shall be filed with the Department of Finance and Administration during the term of the agreement. (B) (i) The Secretary of the Department of Finance and Administration may require proof of expenditures. (ii) Additional credit memoranda may be issued as the approved company certifies additional expenditures of approved costs. (2) (A) No sales tax credit memorandum shall be issued for any approved costs expended after the expiration of two (2) years from the date the agreement was signed by the director and the approved company. (B) However, the director, with the advice and consent of the Secretary of the Department of Finance and Administration, may authorize sales tax credits for approved costs expended up to four (4) years from the date the agreement was signed if the director determines that the failure to complete the tourism attraction project within two (2) years resulted from: (i) Unanticipated and unavoidable delay in the construction of the tourism attraction project; (ii) The tourism attraction project, as originally planned, will require more than two (2) years to complete; or (iii) A change in business ownership or business structure resulting from a merger or acquisition.

(1) (A) (i) (a) An approved company shall be entitled to a credit if the approved company certifies to the Secretary of the Department of Finance and Administration that it has expended at least five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties in approved costs and the director certifies that the approved company is in compliance with this subchapter. (b) (1) The Secretary of the Department of Finance and Administration shall then issue a sales tax credit memorandum to the approved company equal to fifteen percent (15%) of the approved costs. (2) However, in high-unemployment counties the Secretary of the Department of Finance and Administration shall issue a credit memorandum to the approved company equal to twenty-five percent (25%) of the approved costs. (c) The sales tax credit memorandum shall not include an offset of the tourism tax levied under § 26-63-401 et seq. (ii) Subsequent requests for credit for additional certified approved costs shall be filed with the Department of Finance and Administration during the term of the agreement. (B) (i) The Secretary of the Department of Finance and Administration may require proof of expenditures. (ii) Additional credit memoranda may be issued as the approved company certifies additional expenditures of approved costs.

(A) (i) (a) An approved company shall be entitled to a credit if the approved company certifies to the Secretary of the Department of Finance and Administration that it has expended at least five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties in approved costs and the director certifies that the approved company is in compliance with this subchapter. (b) (1) The Secretary of the Department of Finance and Administration shall then issue a sales tax credit memorandum to the approved company equal to fifteen percent (15%) of the approved costs. (2) However, in high-unemployment counties the Secretary of the Department of Finance and Administration shall issue a credit memorandum to the approved company equal to twenty-five percent (25%) of the approved costs. (c) The sales tax credit memorandum shall not include an offset of the tourism tax levied under § 26-63-401 et seq. (ii) Subsequent requests for credit for additional certified approved costs shall be filed with the Department of Finance and Administration during the term of the agreement.

(i) (a) An approved company shall be entitled to a credit if the approved company certifies to the Secretary of the Department of Finance and Administration that it has expended at least five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties in approved costs and the director certifies that the approved company is in compliance with this subchapter. (b) (1) The Secretary of the Department of Finance and Administration shall then issue a sales tax credit memorandum to the approved company equal to fifteen percent (15%) of the approved costs. (2) However, in high-unemployment counties the Secretary of the Department of Finance and Administration shall issue a credit memorandum to the approved company equal to twenty-five percent (25%) of the approved costs. (c) The sales tax credit memorandum shall not include an offset of the tourism tax levied under § 26-63-401 et seq.

(a) An approved company shall be entitled to a credit if the approved company certifies to the Secretary of the Department of Finance and Administration that it has expended at least five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties in approved costs and the director certifies that the approved company is in compliance with this subchapter.

(b) (1) The Secretary of the Department of Finance and Administration shall then issue a sales tax credit memorandum to the approved company equal to fifteen percent (15%) of the approved costs. (2) However, in high-unemployment counties the Secretary of the Department of Finance and Administration shall issue a credit memorandum to the approved company equal to twenty-five percent (25%) of the approved costs.

(1) The Secretary of the Department of Finance and Administration shall then issue a sales tax credit memorandum to the approved company equal to fifteen percent (15%) of the approved costs.

(2) However, in high-unemployment counties the Secretary of the Department of Finance and Administration shall issue a credit memorandum to the approved company equal to twenty-five percent (25%) of the approved costs.

(c) The sales tax credit memorandum shall not include an offset of the tourism tax levied under § 26-63-401 et seq.

(ii) Subsequent requests for credit for additional certified approved costs shall be filed with the Department of Finance and Administration during the term of the agreement.

(B) (i) The Secretary of the Department of Finance and Administration may require proof of expenditures. (ii) Additional credit memoranda may be issued as the approved company certifies additional expenditures of approved costs.

(i) The Secretary of the Department of Finance and Administration may require proof of expenditures.

(ii) Additional credit memoranda may be issued as the approved company certifies additional expenditures of approved costs.

(2) (A) No sales tax credit memorandum shall be issued for any approved costs expended after the expiration of two (2) years from the date the agreement was signed by the director and the approved company. (B) However, the director, with the advice and consent of the Secretary of the Department of Finance and Administration, may authorize sales tax credits for approved costs expended up to four (4) years from the date the agreement was signed if the director determines that the failure to complete the tourism attraction project within two (2) years resulted from: (i) Unanticipated and unavoidable delay in the construction of the tourism attraction project; (ii) The tourism attraction project, as originally planned, will require more than two (2) years to complete; or (iii) A change in business ownership or business structure resulting from a merger or acquisition.

(A) No sales tax credit memorandum shall be issued for any approved costs expended after the expiration of two (2) years from the date the agreement was signed by the director and the approved company.

(B) However, the director, with the advice and consent of the Secretary of the Department of Finance and Administration, may authorize sales tax credits for approved costs expended up to four (4) years from the date the agreement was signed if the director determines that the failure to complete the tourism attraction project within two (2) years resulted from: (i) Unanticipated and unavoidable delay in the construction of the tourism attraction project; (ii) The tourism attraction project, as originally planned, will require more than two (2) years to complete; or (iii) A change in business ownership or business structure resulting from a merger or acquisition.

(i) Unanticipated and unavoidable delay in the construction of the tourism attraction project;

(ii) The tourism attraction project, as originally planned, will require more than two (2) years to complete; or

(iii) A change in business ownership or business structure resulting from a merger or acquisition.

(c) The credit memorandum issued pursuant to subsection (b) of this section may be used to offset a portion of the reported state sales, or gross receipts, tax liability of the approved company for all sales tax reporting periods following the issuance of the credit memorandum, subject to the following limitations: (1) Only increased state sales tax liability as defined in this subchapter may be offset by the issued credit; (2) (A) An approved company whose agreement provides that it shall expend approved costs in excess of five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties shall be entitled to use one hundred percent (100%) of the issued credit to offset increased state sales tax liability during the first year if its tax liability is equal to or greater than the amount issued in the state sales tax credit memorandum. (B) Unused credits may be carried forward for a period of nine (9) years; (3) All issued credit memoranda shall expire at the end of the month following the expiration of the agreement as provided in § 15-11-506 ; and (4) Except as provided in § 15-11-511 , credit memoranda shall not be used to offset any tax other than state sales tax.

(1) Only increased state sales tax liability as defined in this subchapter may be offset by the issued credit;

(2) (A) An approved company whose agreement provides that it shall expend approved costs in excess of five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties shall be entitled to use one hundred percent (100%) of the issued credit to offset increased state sales tax liability during the first year if its tax liability is equal to or greater than the amount issued in the state sales tax credit memorandum. (B) Unused credits may be carried forward for a period of nine (9) years;

(A) An approved company whose agreement provides that it shall expend approved costs in excess of five hundred thousand dollars ($500,000) in a high-unemployment county and one million dollars ($1,000,000) in all other counties shall be entitled to use one hundred percent (100%) of the issued credit to offset increased state sales tax liability during the first year if its tax liability is equal to or greater than the amount issued in the state sales tax credit memorandum.

(B) Unused credits may be carried forward for a period of nine (9) years;

(3) All issued credit memoranda shall expire at the end of the month following the expiration of the agreement as provided in § 15-11-506 ; and

(4) Except as provided in § 15-11-511 , credit memoranda shall not be used to offset any tax other than state sales tax.

(d) The approved company shall have no obligation to refund or otherwise return any amount of this credit to the person from whom the sales tax was collected.

(e) By April 1 of each year, the Secretary of the Department of Finance and Administration shall certify to the director the state sales tax liability of the approved companies receiving inducements under this section and the amount of state sales tax credits taken during the preceding calendar year.

(f) (1) The Secretary of the Department of Finance and Administration may promulgate administrative rules as are necessary for the proper administration of this subchapter. (2) The Secretary of the Department of Finance and Administration may also develop such forms and instructions as are necessary for an approved company to claim the sales tax credit provided by this subchapter.

(1) The Secretary of the Department of Finance and Administration may promulgate administrative rules as are necessary for the proper administration of this subchapter.

(2) The Secretary of the Department of Finance and Administration may also develop such forms and instructions as are necessary for an approved company to claim the sales tax credit provided by this subchapter.

(g) (1) The Secretary of the Department of Finance and Administration shall have the authority to obtain any information necessary from the approved company and the director to verify that approved companies have received the proper amounts of sales tax credits as authorized by this subchapter. (2) The Secretary of the Department of Finance and Administration shall demand the repayment of any credits taken in excess of the credit allowed by this subchapter.

(1) The Secretary of the Department of Finance and Administration shall have the authority to obtain any information necessary from the approved company and the director to verify that approved companies have received the proper amounts of sales tax credits as authorized by this subchapter.

(2) The Secretary of the Department of Finance and Administration shall demand the repayment of any credits taken in excess of the credit allowed by this subchapter.

Amended by Act 2019, No. 315,§ 1107, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3407, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 462, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 461, eff. 7/1/2019.

Acts 1997, No. 291, § 7; 1999, No. 1135, § 4; 1999, No. 1510, § 1; 2005, No. 1962, § 64; 2005, No. 2308, § 5; 2007, No. 182, § 13.
Ark. Code Ann. § 15-10-206 — AR Code / Title 15 / Chapter 10 / Subchapter 2 / Section 15-10-206
Agency cooperation and coordination with Arkansas Energy Office
Status: in_force

All other state agencies shall cooperate and coordinate with the Arkansas Energy Office to the utmost degree within the range of action permissible within statutory authority. Acts 1981, No. 7, § 3; A.S.A. 1947, § 5-938.

All other state agencies shall cooperate and coordinate with the Arkansas Energy Office to the utmost degree within the range of action permissible within statutory authority.

Acts 1981, No. 7, § 3; A.S.A. 1947, § 5-938.
Ark. Code Ann. § 15-22-1103 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1103
Administration of fund generally
Status: in_force

(a) (1) Except for the Drinking Water State Set Aside Account, the Safe Drinking Water Fund shall be administered by the Arkansas Natural Resources Commission, and the commission may establish procedures and adopt rules as may be required to administer the fund and programs financed in whole or in part with moneys in the fund in accordance with federal or state law providing for water systems, including particularly, without limitation the Safe Drinking Water Act. (2) The commission is authorized to enter into contracts and other agreements in connection with the operation of the fund, including, but not limited to, contracts and agreements with federal agencies, owners, the Arkansas Development Finance Authority, the Department of Health, and other persons to the extent necessary or convenient for the implementation of the fund and programs financed in whole or in part with moneys in the fund. (3) The commission shall execute capitalization grant agreements on behalf of the state in order to obtain funds under the Safe Drinking Water Act. (4) (A) Notwithstanding subdivisions (a)(1)-(3) of this section, the department shall have the authority to establish a priority list for water systems, the owners of which are eligible to receive financial assistance from moneys in the Drinking Water State Revolving Loan Fund Account. (B) The department shall also have the authority to carry out oversight and related activities, other than financial administration, with respect to financial assistance. (C) The department may delegate its authority under this subsection to the commission. (b) The commission shall maintain full authority for the operation of the fund except the Drinking Water State Set Aside Account in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the fund. (c) To the extent moneys provided by the United States Government under the Safe Drinking Water Act and nonappropriated state matches do not designate the account into which those moneys shall be deposited, the moneys shall be deposited into the accounts within the fund as designated by the commission. Acts 1997, No. 772, § 3; 2003, No. 465, § 2; 2009, No. 457, §§ 4, 5.

(a) (1) Except for the Drinking Water State Set Aside Account, the Safe Drinking Water Fund shall be administered by the Arkansas Natural Resources Commission, and the commission may establish procedures and adopt rules as may be required to administer the fund and programs financed in whole or in part with moneys in the fund in accordance with federal or state law providing for water systems, including particularly, without limitation the Safe Drinking Water Act. (2) The commission is authorized to enter into contracts and other agreements in connection with the operation of the fund, including, but not limited to, contracts and agreements with federal agencies, owners, the Arkansas Development Finance Authority, the Department of Health, and other persons to the extent necessary or convenient for the implementation of the fund and programs financed in whole or in part with moneys in the fund. (3) The commission shall execute capitalization grant agreements on behalf of the state in order to obtain funds under the Safe Drinking Water Act. (4) (A) Notwithstanding subdivisions (a)(1)-(3) of this section, the department shall have the authority to establish a priority list for water systems, the owners of which are eligible to receive financial assistance from moneys in the Drinking Water State Revolving Loan Fund Account. (B) The department shall also have the authority to carry out oversight and related activities, other than financial administration, with respect to financial assistance. (C) The department may delegate its authority under this subsection to the commission.

(1) Except for the Drinking Water State Set Aside Account, the Safe Drinking Water Fund shall be administered by the Arkansas Natural Resources Commission, and the commission may establish procedures and adopt rules as may be required to administer the fund and programs financed in whole or in part with moneys in the fund in accordance with federal or state law providing for water systems, including particularly, without limitation the Safe Drinking Water Act.

(2) The commission is authorized to enter into contracts and other agreements in connection with the operation of the fund, including, but not limited to, contracts and agreements with federal agencies, owners, the Arkansas Development Finance Authority, the Department of Health, and other persons to the extent necessary or convenient for the implementation of the fund and programs financed in whole or in part with moneys in the fund.

(3) The commission shall execute capitalization grant agreements on behalf of the state in order to obtain funds under the Safe Drinking Water Act.

(4) (A) Notwithstanding subdivisions (a)(1)-(3) of this section, the department shall have the authority to establish a priority list for water systems, the owners of which are eligible to receive financial assistance from moneys in the Drinking Water State Revolving Loan Fund Account. (B) The department shall also have the authority to carry out oversight and related activities, other than financial administration, with respect to financial assistance. (C) The department may delegate its authority under this subsection to the commission.

(A) Notwithstanding subdivisions (a)(1)-(3) of this section, the department shall have the authority to establish a priority list for water systems, the owners of which are eligible to receive financial assistance from moneys in the Drinking Water State Revolving Loan Fund Account.

(B) The department shall also have the authority to carry out oversight and related activities, other than financial administration, with respect to financial assistance.

(C) The department may delegate its authority under this subsection to the commission.

(b) The commission shall maintain full authority for the operation of the fund except the Drinking Water State Set Aside Account in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the fund.

(c) To the extent moneys provided by the United States Government under the Safe Drinking Water Act and nonappropriated state matches do not designate the account into which those moneys shall be deposited, the moneys shall be deposited into the accounts within the fund as designated by the commission.

Acts 1997, No. 772, § 3; 2003, No. 465, § 2; 2009, No. 457, §§ 4, 5.
Ark. Code Ann. § 15-20-1314 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1314
Additional powers of the Arkansas Natural Resources Commission
Status: in_force

(a) In addition to powers conferred under other laws, the Arkansas Natural Resources Commission may take appropriate action to carry out the purposes of this subchapter, including the power to: (1) Develop projects; (2) Operate and maintain projects; (3) Acquire absolute title to and use for any purpose and at any place, water stored in any reservoir or other impoundment; (4) Acquire, collect, impound, store, transport, distribute, sell, furnish, and dispose of water to any person at any place; (5) Purify, treat, and process water; (6) Assist local entities in the preparation of their premises for the use of water furnished by the Arkansas Natural Resources Commission and to construct upon their premises project properties of any kind and in connection therewith to receive, acquire, endorse, pledge, hypothecate, and dispose of notes, bonds, and other evidences of indebtedness; (7) Use the bed of any watercourse without adversely affecting existing riparian rights, any highway or any right-of-way, easement, or other similar property rights, or any tax-forfeited land owned or held by the state or by any political subdivision of the state; (8) Provide loans and grants from bond proceeds or project revenues to local entities and to authorize local entities to make loans to other persons for payment of project costs in order for the local entity receiving the funds to develop a project; (9) Purchase with bond proceeds or project revenues bonds or notes from a local entity in order to provide funds for payment of project costs in order for the local entity receiving the funds to develop a project and to enter into note and bond purchase agreements in connection therewith; (10) Appropriate amounts from bond proceeds to satisfy state matching requirements for federal grants, subsidies, and revolving loan funds established by the United States Congress for the purpose of facilitating water, waste disposal, pollution control, abatement and prevention, drainage, irrigation, flood control, and wetlands and aquatic resources projects; (11) Appropriate amounts from bond proceeds for the matching of moneys provided pursuant to other laws, including without limitation, § 15-22-501 et seq., the Arkansas Water Resources Cost Share Finance Act, § 15-22-801 et seq., The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, § 14-230-101 et seq., § 15-22-1101 et seq., and § 15-5-901 et seq.; (12) Construct or cause to be constructed, lease as lessee, lease as lessor, and in any manner acquire, own, hold, maintain, operate, sell, dispose of, exchange, mortgage, or lend with respect to all or any part of any project; (13) Acquire, own, hold, use, exercise, sell, mortgage, pledge, hypothecate, and in any manner dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate for the exercise of the powers or implementation of the purposes set forth in this subchapter; (14) Sell and convey, mortgage, pledge, lease as lessor, enter into lease-purchase agreements with respect to, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including without limitation franchises, rights, privileges, licenses, rights-of-way, and easements; (15) Have and exercise the right of eminent domain for the purpose of acquiring the fee title, an easement, a right-of-way, or any other interest or estate in lands for projects or portions of projects by the procedure now provided for condemnation by municipal corporations, § 18-15-401 et seq.; (16) Make or accept gifts or grants of moneys, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real or personal or mixed; (17) Make any contract necessary or convenient for the exercise of the powers or implementation of the purposes of this subchapter; (18) Fix, regulate, and collect rates, fees, rents, or other charges for making any loan or commitment under this subchapter, for performing accounting and loan servicing duties relating to such loans and for the use of any properties or services furnished by the Arkansas Natural Resources Commission, and with respect thereto, the Arkansas Natural Resources Commission shall not be subject to the jurisdiction or control of the Arkansas Public Service Commission; (19) Require audits of all accounts related to construction, operation, or maintenance of any project funded by this subchapter; (20) Take reasonable actions necessary to ensure that debt service requirements are met; (21) Refinance loans made by the Arkansas Natural Resources Commission from whatever source to local entities in order to develop a project; (22) Provide loans from bond proceeds or project revenues to local entities to refinance indebtedness of the local entity incurred to develop a project; (23) Procure insurance, letters of credit, or other credit enhancement for the bonds; (24) Administer the Water, Waste Disposal, and Pollution Abatement Facilities Development Program; (25) Purchase with bond proceeds or project revenues bonds or notes from a local entity in order to provide funds to refinance indebtedness incurred by a local entity to develop a project; and (26) Take any other action appropriate to accomplish the purposes of this subchapter. (b) The Arkansas Natural Resources Commission may accomplish the purposes of this subchapter through the delegation of any administrative functions to the Department of Agriculture. Amended by Act 2019, No. 910,§ 75, eff. 7/1/2019. Acts 2007, No. 631, § 1.

(a) In addition to powers conferred under other laws, the Arkansas Natural Resources Commission may take appropriate action to carry out the purposes of this subchapter, including the power to: (1) Develop projects; (2) Operate and maintain projects; (3) Acquire absolute title to and use for any purpose and at any place, water stored in any reservoir or other impoundment; (4) Acquire, collect, impound, store, transport, distribute, sell, furnish, and dispose of water to any person at any place; (5) Purify, treat, and process water; (6) Assist local entities in the preparation of their premises for the use of water furnished by the Arkansas Natural Resources Commission and to construct upon their premises project properties of any kind and in connection therewith to receive, acquire, endorse, pledge, hypothecate, and dispose of notes, bonds, and other evidences of indebtedness; (7) Use the bed of any watercourse without adversely affecting existing riparian rights, any highway or any right-of-way, easement, or other similar property rights, or any tax-forfeited land owned or held by the state or by any political subdivision of the state; (8) Provide loans and grants from bond proceeds or project revenues to local entities and to authorize local entities to make loans to other persons for payment of project costs in order for the local entity receiving the funds to develop a project; (9) Purchase with bond proceeds or project revenues bonds or notes from a local entity in order to provide funds for payment of project costs in order for the local entity receiving the funds to develop a project and to enter into note and bond purchase agreements in connection therewith; (10) Appropriate amounts from bond proceeds to satisfy state matching requirements for federal grants, subsidies, and revolving loan funds established by the United States Congress for the purpose of facilitating water, waste disposal, pollution control, abatement and prevention, drainage, irrigation, flood control, and wetlands and aquatic resources projects; (11) Appropriate amounts from bond proceeds for the matching of moneys provided pursuant to other laws, including without limitation, § 15-22-501 et seq., the Arkansas Water Resources Cost Share Finance Act, § 15-22-801 et seq., The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, § 14-230-101 et seq., § 15-22-1101 et seq., and § 15-5-901 et seq.; (12) Construct or cause to be constructed, lease as lessee, lease as lessor, and in any manner acquire, own, hold, maintain, operate, sell, dispose of, exchange, mortgage, or lend with respect to all or any part of any project; (13) Acquire, own, hold, use, exercise, sell, mortgage, pledge, hypothecate, and in any manner dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate for the exercise of the powers or implementation of the purposes set forth in this subchapter; (14) Sell and convey, mortgage, pledge, lease as lessor, enter into lease-purchase agreements with respect to, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including without limitation franchises, rights, privileges, licenses, rights-of-way, and easements; (15) Have and exercise the right of eminent domain for the purpose of acquiring the fee title, an easement, a right-of-way, or any other interest or estate in lands for projects or portions of projects by the procedure now provided for condemnation by municipal corporations, § 18-15-401 et seq.; (16) Make or accept gifts or grants of moneys, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real or personal or mixed; (17) Make any contract necessary or convenient for the exercise of the powers or implementation of the purposes of this subchapter; (18) Fix, regulate, and collect rates, fees, rents, or other charges for making any loan or commitment under this subchapter, for performing accounting and loan servicing duties relating to such loans and for the use of any properties or services furnished by the Arkansas Natural Resources Commission, and with respect thereto, the Arkansas Natural Resources Commission shall not be subject to the jurisdiction or control of the Arkansas Public Service Commission; (19) Require audits of all accounts related to construction, operation, or maintenance of any project funded by this subchapter; (20) Take reasonable actions necessary to ensure that debt service requirements are met; (21) Refinance loans made by the Arkansas Natural Resources Commission from whatever source to local entities in order to develop a project; (22) Provide loans from bond proceeds or project revenues to local entities to refinance indebtedness of the local entity incurred to develop a project; (23) Procure insurance, letters of credit, or other credit enhancement for the bonds; (24) Administer the Water, Waste Disposal, and Pollution Abatement Facilities Development Program; (25) Purchase with bond proceeds or project revenues bonds or notes from a local entity in order to provide funds to refinance indebtedness incurred by a local entity to develop a project; and (26) Take any other action appropriate to accomplish the purposes of this subchapter.

(1) Develop projects;

(2) Operate and maintain projects;

(3) Acquire absolute title to and use for any purpose and at any place, water stored in any reservoir or other impoundment;

(4) Acquire, collect, impound, store, transport, distribute, sell, furnish, and dispose of water to any person at any place;

(5) Purify, treat, and process water;

(6) Assist local entities in the preparation of their premises for the use of water furnished by the Arkansas Natural Resources Commission and to construct upon their premises project properties of any kind and in connection therewith to receive, acquire, endorse, pledge, hypothecate, and dispose of notes, bonds, and other evidences of indebtedness;

(7) Use the bed of any watercourse without adversely affecting existing riparian rights, any highway or any right-of-way, easement, or other similar property rights, or any tax-forfeited land owned or held by the state or by any political subdivision of the state;

(8) Provide loans and grants from bond proceeds or project revenues to local entities and to authorize local entities to make loans to other persons for payment of project costs in order for the local entity receiving the funds to develop a project;

(9) Purchase with bond proceeds or project revenues bonds or notes from a local entity in order to provide funds for payment of project costs in order for the local entity receiving the funds to develop a project and to enter into note and bond purchase agreements in connection therewith;

(10) Appropriate amounts from bond proceeds to satisfy state matching requirements for federal grants, subsidies, and revolving loan funds established by the United States Congress for the purpose of facilitating water, waste disposal, pollution control, abatement and prevention, drainage, irrigation, flood control, and wetlands and aquatic resources projects;

(11) Appropriate amounts from bond proceeds for the matching of moneys provided pursuant to other laws, including without limitation, § 15-22-501 et seq., the Arkansas Water Resources Cost Share Finance Act, § 15-22-801 et seq., The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, § 14-230-101 et seq., § 15-22-1101 et seq., and § 15-5-901 et seq.;

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

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

(14) Sell and convey, mortgage, pledge, lease as lessor, enter into lease-purchase agreements with respect to, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including without limitation franchises, rights, privileges, licenses, rights-of-way, and easements;

(15) Have and exercise the right of eminent domain for the purpose of acquiring the fee title, an easement, a right-of-way, or any other interest or estate in lands for projects or portions of projects by the procedure now provided for condemnation by municipal corporations, § 18-15-401 et seq.;

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

(17) Make any contract necessary or convenient for the exercise of the powers or implementation of the purposes of this subchapter;

(18) Fix, regulate, and collect rates, fees, rents, or other charges for making any loan or commitment under this subchapter, for performing accounting and loan servicing duties relating to such loans and for the use of any properties or services furnished by the Arkansas Natural Resources Commission, and with respect thereto, the Arkansas Natural Resources Commission shall not be subject to the jurisdiction or control of the Arkansas Public Service Commission;

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

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

(21) Refinance loans made by the Arkansas Natural Resources Commission from whatever source to local entities in order to develop a project;

(22) Provide loans from bond proceeds or project revenues to local entities to refinance indebtedness of the local entity incurred to develop a project;

(23) Procure insurance, letters of credit, or other credit enhancement for the bonds;

(24) Administer the Water, Waste Disposal, and Pollution Abatement Facilities Development Program;

(25) Purchase with bond proceeds or project revenues bonds or notes from a local entity in order to provide funds to refinance indebtedness incurred by a local entity to develop a project; and

(26) Take any other action appropriate to accomplish the purposes of this subchapter.

(b) The Arkansas Natural Resources Commission may accomplish the purposes of this subchapter through the delegation of any administrative functions to the Department of Agriculture.

Amended by Act 2019, No. 910,§ 75, eff. 7/1/2019.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-20-408 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-408
Validity
Status: in_force

A conservation easement is valid even though: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; (6) The benefit does not touch or concern real property; or (7) There is no privity of estate or of contract. Acts 1983, No. 567, § 4; A.S.A. 1947, § 50-1204.

A conservation easement is valid even though:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to another holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(6) The benefit does not touch or concern real property; or

(7) There is no privity of estate or of contract.

Acts 1983, No. 567, § 4; A.S.A. 1947, § 50-1204.
Ark. Code Ann. § 15-5-302 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-302
Underwriters and experts
Status: in_force

(a) The Arkansas Development Finance Authority, when requested to do so by a state agency or a political subdivision, is authorized and empowered to engage an underwriter or underwriters to facilitate the issuance and sale of bonds to accomplish the financing of a specific activity or a particular project of the state agency or political subdivision permitted to be financed hereunder, or other activities and projects for which no state agency or political subdivision is authorized by law to obtain such financing, which the authority determines to be consistent with the purposes of this subchapter and §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , and 15-5-213 . (b) In the furtherance thereof, the authority is also authorized and empowered to engage in connection therewith such legal counsel and other experts as may be recommended by the underwriter or underwriters. Acts 1985, No. 1062, § 6.00; A.S.A. 1947, § 13-2906.

(a) The Arkansas Development Finance Authority, when requested to do so by a state agency or a political subdivision, is authorized and empowered to engage an underwriter or underwriters to facilitate the issuance and sale of bonds to accomplish the financing of a specific activity or a particular project of the state agency or political subdivision permitted to be financed hereunder, or other activities and projects for which no state agency or political subdivision is authorized by law to obtain such financing, which the authority determines to be consistent with the purposes of this subchapter and §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , and 15-5-213 .

(b) In the furtherance thereof, the authority is also authorized and empowered to engage in connection therewith such legal counsel and other experts as may be recommended by the underwriter or underwriters.

Acts 1985, No. 1062, § 6.00; A.S.A. 1947, § 13-2906.
Ark. Code Ann. § 15-4-307 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-307
Minority and Women-owned Business Advisory Council
Status: in_force

(a) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission shall be represented by a statewide Minority and Women-owned Business Advisory Council and shall report to that council. (b) (1) The council shall consist of nine (9) members. (2) The council shall: (A) Monitor progress, make recommendations, and develop strategic plans for performance improvement; and (B) Report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. (c) (1) The Governor shall appoint three (3) members of the council with the advice and consent of the Senate. (2) The President Pro Tempore of the Senate shall appoint two (2) members of the council. (3) The Speaker of the House of Representatives shall appoint two (2) members of the council. (4) The Director of the Arkansas Economic Development Commission shall appoint two (2) members of the council. (5) Appointments shall reflect and be representative of the minority and women-owned business communities, resource organizations, entrepreneurs, corporations, and other minority and women-owned business advocates. (d) Except as otherwise provided by law, members of the council shall serve without compensation. (e) The term of office of the council shall: (1) Be at the pleasure of the appointing officer; and (2) Not exceed five (5) years. (f) There is established a formal relationship between the council and the Administrator of the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission. (g) (1) The administrator shall be the liaison to the council and shall be responsible for submitting to the council any reports and documents under the provisions of this section. (2) Their duties in relation to this section shall be considered official duty in the conduct of state business. (h) The council's duties and responsibilities shall be to: (1) Review reports and interpret each state agency's achievement of its goals under § 15-4-302(c) ; (2) Advise the Governor when a state agency has not reached its goals under § 15-4-302(c) ; (3) Make annual reports to the Secretary of the Department of Commerce, including without limitation: (A) A summary of the state's performance in relation to the goals stated in § 15-4-302(c) ; and (B) Any recommendations for modifications to the division's or other state agency's plans for improving statewide performance in relation to the goals stated in § 15-4-302(c) ; (4) Recommend to the state agency, the division, and the Office of State Procurement corrective actions to strengthen minority and women-owned business opportunities in the state; and (5) Conduct public hearings when necessary to obtain public input and support for the purpose of carrying out the provisions of this subchapter. (i) Each state agency, through its minority and women-owned business officer, shall submit to the division and the office the state agency's plan to reach its goals for the coming fiscal year, which shall: (1) Be submitted to the division by June 30 of each year; (2) Contain the name of the state agency submitting the plan; (3) Contain a policy statement signed by the state agency head expressing a commitment to strengthen minority business enterprises and women-owned business enterprises in all aspects of contracting to the maximum extent feasible; (4) Identify the name of the minority and women-owned business officer in the state agency who is responsible for developing and administering the compliance plan; (5) Establish a timetable for the state agency to reach its goals under the plan and the manner in which the state agency intends to reach its goals; and (6) Contain any other procedures the division deems necessary to comply with the goals and the compliance plan. Amended by Act 2019, No. 910,§ 363, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 362, eff. 7/1/2019. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 2009, No. 1222, § 6.

(a) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission shall be represented by a statewide Minority and Women-owned Business Advisory Council and shall report to that council.

(b) (1) The council shall consist of nine (9) members. (2) The council shall: (A) Monitor progress, make recommendations, and develop strategic plans for performance improvement; and (B) Report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.

(1) The council shall consist of nine (9) members.

(2) The council shall: (A) Monitor progress, make recommendations, and develop strategic plans for performance improvement; and (B) Report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.

(A) Monitor progress, make recommendations, and develop strategic plans for performance improvement; and

(B) Report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.

(c) (1) The Governor shall appoint three (3) members of the council with the advice and consent of the Senate. (2) The President Pro Tempore of the Senate shall appoint two (2) members of the council. (3) The Speaker of the House of Representatives shall appoint two (2) members of the council. (4) The Director of the Arkansas Economic Development Commission shall appoint two (2) members of the council. (5) Appointments shall reflect and be representative of the minority and women-owned business communities, resource organizations, entrepreneurs, corporations, and other minority and women-owned business advocates.

(1) The Governor shall appoint three (3) members of the council with the advice and consent of the Senate.

(2) The President Pro Tempore of the Senate shall appoint two (2) members of the council.

(3) The Speaker of the House of Representatives shall appoint two (2) members of the council.

(4) The Director of the Arkansas Economic Development Commission shall appoint two (2) members of the council.

(5) Appointments shall reflect and be representative of the minority and women-owned business communities, resource organizations, entrepreneurs, corporations, and other minority and women-owned business advocates.

(d) Except as otherwise provided by law, members of the council shall serve without compensation.

(e) The term of office of the council shall: (1) Be at the pleasure of the appointing officer; and (2) Not exceed five (5) years.

(1) Be at the pleasure of the appointing officer; and

(2) Not exceed five (5) years.

(f) There is established a formal relationship between the council and the Administrator of the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission.

(g) (1) The administrator shall be the liaison to the council and shall be responsible for submitting to the council any reports and documents under the provisions of this section. (2) Their duties in relation to this section shall be considered official duty in the conduct of state business.

(1) The administrator shall be the liaison to the council and shall be responsible for submitting to the council any reports and documents under the provisions of this section.

(2) Their duties in relation to this section shall be considered official duty in the conduct of state business.

(h) The council's duties and responsibilities shall be to: (1) Review reports and interpret each state agency's achievement of its goals under § 15-4-302(c) ; (2) Advise the Governor when a state agency has not reached its goals under § 15-4-302(c) ; (3) Make annual reports to the Secretary of the Department of Commerce, including without limitation: (A) A summary of the state's performance in relation to the goals stated in § 15-4-302(c) ; and (B) Any recommendations for modifications to the division's or other state agency's plans for improving statewide performance in relation to the goals stated in § 15-4-302(c) ; (4) Recommend to the state agency, the division, and the Office of State Procurement corrective actions to strengthen minority and women-owned business opportunities in the state; and (5) Conduct public hearings when necessary to obtain public input and support for the purpose of carrying out the provisions of this subchapter.

(1) Review reports and interpret each state agency's achievement of its goals under § 15-4-302(c) ;

(2) Advise the Governor when a state agency has not reached its goals under § 15-4-302(c) ;

(3) Make annual reports to the Secretary of the Department of Commerce, including without limitation: (A) A summary of the state's performance in relation to the goals stated in § 15-4-302(c) ; and (B) Any recommendations for modifications to the division's or other state agency's plans for improving statewide performance in relation to the goals stated in § 15-4-302(c) ;

(A) A summary of the state's performance in relation to the goals stated in § 15-4-302(c) ; and

(B) Any recommendations for modifications to the division's or other state agency's plans for improving statewide performance in relation to the goals stated in § 15-4-302(c) ;

(4) Recommend to the state agency, the division, and the Office of State Procurement corrective actions to strengthen minority and women-owned business opportunities in the state; and

(5) Conduct public hearings when necessary to obtain public input and support for the purpose of carrying out the provisions of this subchapter.

(i) Each state agency, through its minority and women-owned business officer, shall submit to the division and the office the state agency's plan to reach its goals for the coming fiscal year, which shall: (1) Be submitted to the division by June 30 of each year; (2) Contain the name of the state agency submitting the plan; (3) Contain a policy statement signed by the state agency head expressing a commitment to strengthen minority business enterprises and women-owned business enterprises in all aspects of contracting to the maximum extent feasible; (4) Identify the name of the minority and women-owned business officer in the state agency who is responsible for developing and administering the compliance plan; (5) Establish a timetable for the state agency to reach its goals under the plan and the manner in which the state agency intends to reach its goals; and (6) Contain any other procedures the division deems necessary to comply with the goals and the compliance plan.

(1) Be submitted to the division by June 30 of each year;

(2) Contain the name of the state agency submitting the plan;

(3) Contain a policy statement signed by the state agency head expressing a commitment to strengthen minority business enterprises and women-owned business enterprises in all aspects of contracting to the maximum extent feasible;

(4) Identify the name of the minority and women-owned business officer in the state agency who is responsible for developing and administering the compliance plan;

(5) Establish a timetable for the state agency to reach its goals under the plan and the manner in which the state agency intends to reach its goals; and

(6) Contain any other procedures the division deems necessary to comply with the goals and the compliance plan.

Amended by Act 2019, No. 910,§ 363, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 362, eff. 7/1/2019.

Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017.

Acts 2009, No. 1222, § 6.
Ark. Code Ann. § 15-4-3208 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3208
Amendment 82 bonds
Status: in_force

(a) After the General Assembly's approval in regular session, fiscal session, or extraordinary session and the execution of the Amendment 82 agreement, the Arkansas Development Finance Authority, on behalf of the state, may issue bonds under Arkansas Constitution, Amendment 82, and this subchapter, to be known as "Amendment 82 Bonds" in one (1) or more series up to the maximum principal amount approved by the General Assembly. (b) (1) Bonds shall be issued for the purpose of financing infrastructure needs and other needs to support a qualified Amendment 82 project. (2) The proceeds of the Amendment 82 bonds shall be applied: (A) To the payment of project costs and the costs and expenses of issuance of the Amendment 82 bonds; or (B) In connection with a qualified Amendment 82 project refinancing, to the repayment of indebtedness incurred to pay project costs and the costs and expenses of issuance of the Amendment 82 bonds. Acts 2005, No. 1981, § 1; 2009, No. 962, § 32.

(a) After the General Assembly's approval in regular session, fiscal session, or extraordinary session and the execution of the Amendment 82 agreement, the Arkansas Development Finance Authority, on behalf of the state, may issue bonds under Arkansas Constitution, Amendment 82, and this subchapter, to be known as "Amendment 82 Bonds" in one (1) or more series up to the maximum principal amount approved by the General Assembly.

(b) (1) Bonds shall be issued for the purpose of financing infrastructure needs and other needs to support a qualified Amendment 82 project. (2) The proceeds of the Amendment 82 bonds shall be applied: (A) To the payment of project costs and the costs and expenses of issuance of the Amendment 82 bonds; or (B) In connection with a qualified Amendment 82 project refinancing, to the repayment of indebtedness incurred to pay project costs and the costs and expenses of issuance of the Amendment 82 bonds.

(1) Bonds shall be issued for the purpose of financing infrastructure needs and other needs to support a qualified Amendment 82 project.

(2) The proceeds of the Amendment 82 bonds shall be applied: (A) To the payment of project costs and the costs and expenses of issuance of the Amendment 82 bonds; or (B) In connection with a qualified Amendment 82 project refinancing, to the repayment of indebtedness incurred to pay project costs and the costs and expenses of issuance of the Amendment 82 bonds.

(A) To the payment of project costs and the costs and expenses of issuance of the Amendment 82 bonds; or

(B) In connection with a qualified Amendment 82 project refinancing, to the repayment of indebtedness incurred to pay project costs and the costs and expenses of issuance of the Amendment 82 bonds.

Acts 2005, No. 1981, § 1; 2009, No. 962, § 32.
Ark. Code Ann. § 15-60-110 — AR Code / Title 15 / Chapter 60 / Section 15-60-110
Payment of clerk and sheriff
Status: in_force

(a) The clerk shall be entitled to and receive from the county a fee of two dollars and fifty cents ($2.50) for his or her services in receiving each application, issuing the license based thereon, and recording the application and license. (b) The sheriff shall be entitled to and receive from the county five percent (5%) of each license fee collected. Acts 1943, No. 86, § 9; A.S.A. 1947, § 52-809.

(a) The clerk shall be entitled to and receive from the county a fee of two dollars and fifty cents ($2.50) for his or her services in receiving each application, issuing the license based thereon, and recording the application and license.

(b) The sheriff shall be entitled to and receive from the county five percent (5%) of each license fee collected.

Acts 1943, No. 86, § 9; A.S.A. 1947, § 52-809.
Ark. Code Ann. § 15-5-413 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-413
Rules - Remedies
Status: in_force

(a) The Arkansas Development Finance Authority is authorized and directed to conduct such investigation as it may determine necessary for the promulgation of rules to govern the operation of the guaranty program authorized by this subchapter. The rules shall include the restriction and conditions imposed by this subchapter, including particularly those set forth in §§ 15-5-405 and 15-5-412 , and may include such other and additional provisions, restrictions, and conditions as the authority, after the investigation referred to in this subsection, shall determine to be proper to achieve the most effective utilization of the guaranty program authorized by this subchapter, including, without limitation, a detailing of: (1) The remedies that must be exhausted by the bondholders or a trustee acting in their behalf prior to calling upon the authority to perform under its guaranty agreement; and (2) The subrogation or other rights of the authority with reference to the project and its operation in the event the authority makes payment pursuant to the applicable guaranty agreement. (b) In this regard, the authority is expressly authorized to take such action and enter into such agreements and otherwise take such action as may be necessary to exercise the authority conferred by this subchapter or to evidence the exercise thereof. (c) The rules promulgated by the authority to govern the operation of the guaranty program shall contain specific provisions with respect to the rights of the authority to enter, take over, and manage the project and its properties upon default, and shall set forth the respective rights of the authority and the bondholders in regard thereto. (d) Such rules shall be in conformity with this subchapter. Amended by Act 2019, No. 315,§ 1078, eff. 7/24/2019. Acts 1985, No. 340, § 10; 1985, No. 505, § 10; A.S.A. 1947, § 13-2933.

(a) The Arkansas Development Finance Authority is authorized and directed to conduct such investigation as it may determine necessary for the promulgation of rules to govern the operation of the guaranty program authorized by this subchapter. The rules shall include the restriction and conditions imposed by this subchapter, including particularly those set forth in §§ 15-5-405 and 15-5-412 , and may include such other and additional provisions, restrictions, and conditions as the authority, after the investigation referred to in this subsection, shall determine to be proper to achieve the most effective utilization of the guaranty program authorized by this subchapter, including, without limitation, a detailing of: (1) The remedies that must be exhausted by the bondholders or a trustee acting in their behalf prior to calling upon the authority to perform under its guaranty agreement; and (2) The subrogation or other rights of the authority with reference to the project and its operation in the event the authority makes payment pursuant to the applicable guaranty agreement.

(1) The remedies that must be exhausted by the bondholders or a trustee acting in their behalf prior to calling upon the authority to perform under its guaranty agreement; and

(2) The subrogation or other rights of the authority with reference to the project and its operation in the event the authority makes payment pursuant to the applicable guaranty agreement.

(b) In this regard, the authority is expressly authorized to take such action and enter into such agreements and otherwise take such action as may be necessary to exercise the authority conferred by this subchapter or to evidence the exercise thereof.

(c) The rules promulgated by the authority to govern the operation of the guaranty program shall contain specific provisions with respect to the rights of the authority to enter, take over, and manage the project and its properties upon default, and shall set forth the respective rights of the authority and the bondholders in regard thereto.

(d) Such rules shall be in conformity with this subchapter.

Amended by Act 2019, No. 315,§ 1078, eff. 7/24/2019.

Acts 1985, No. 340, § 10; 1985, No. 505, § 10; A.S.A. 1947, § 13-2933.
Ark. Code Ann. § 15-21-503 — AR Code / Title 15 / Chapter 21 / Subchapter 5 / Section 15-21-503
Creation - Board
Status: in_force

(a) The Arkansas Geographic Information Systems Board is created. (b) (1) (A) (i) The board shall be composed of thirteen (13) voting members. (ii) Twelve (12) of the voting members shall be appointed by the Governor for terms of four (4) years. (iii) The thirteenth voting member shall be the State Chief Technology Officer. (B) At the time of appointment or reappointment, the appointing authority shall adjust the length of terms to ensure that the terms of members of the board are staggered so that, insofar as possible, an equal number of members shall rotate each year. (2) The board shall be composed of the following members or their designees: (A) Three (3) state entity representatives; (B) Three (3) city, county, and local government representatives; (C) Three (3) private sector representatives; (D) Three (3) representatives of institutions of higher education; and (E) The State Chief Technology Officer. (3) All members of the board shall have knowledge of the use and usefulness of digital land and geographic information in the management of government and a general awareness of the role of mapping as related to that management. (4) No person shall serve as a member of the board for more than two (2) full consecutive terms. (5) Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to complete the board membership. (c) (1) (A) A chair and a vice chair shall be elected by the board membership to oversee all board and committee meetings. (B) Members of the board must elect a chair and vice chair every year. (2) (A) The board shall appoint the State Geographic Information Officer to serve with the approval and at the pleasure of the Governor. (B) The State Geographic Information Officer will: (i) Assist the board in developing a comprehensive plan and evaluation procedures on how the state should implement tactical and strategic geographic information systems and land information systems planning; (ii) Implement informational and educational programs; and (iii) Coordinate intrastate geographic information systems and land information systems efforts. (C) The State Geographic Information Officer shall report to the Secretary of the Department of Transformation and Shared Services. (d) (1) The State Geographic Information Officer shall administer daily operations of the Arkansas Geographic Information Systems Office with direction from the board and the secretary. (2) This may include liaison between the board, the Governor, the secretary, the State Chief Technology Officer, and public or private sector entities involved in spatial data and land records modernization, project management in the preparation of the strategic planning documents related to spatial data and land records modernization, developing policy and procedures for land records modernization, and developing policy and procedures for the activities of the board. (3) Additional requirements are the implementation of educational programs, coordinating vendor exhibits, and facilitating technical assistance and consulting. (e) The board may conduct meetings at such places and such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish its objectives and purposes. (f) Members of the board shall receive no compensation for their services. (g) The board will be provided administrative support through the office. (h) The funds necessary to carry out the provisions of this subchapter shall come from the Geographic Information Systems Fund. (i) [Repealed.] Amended by Act 2023, No. 287,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 6075, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6074, eff. 7/1/2019. Amended by Act 2015, No. 103,§ 10, eff. 7/22/2015. Acts 1995, No. 1259, §§ 1, 5; 1997, No. 914, § 28; 2001, No. 1250, § 3; 2003, No. 1473, § 33; 2005, No. 264, § 1; 2007, No. 751, § 7; 2009, No. 244, § 1.

(a) The Arkansas Geographic Information Systems Board is created.

(b) (1) (A) (i) The board shall be composed of thirteen (13) voting members. (ii) Twelve (12) of the voting members shall be appointed by the Governor for terms of four (4) years. (iii) The thirteenth voting member shall be the State Chief Technology Officer. (B) At the time of appointment or reappointment, the appointing authority shall adjust the length of terms to ensure that the terms of members of the board are staggered so that, insofar as possible, an equal number of members shall rotate each year. (2) The board shall be composed of the following members or their designees: (A) Three (3) state entity representatives; (B) Three (3) city, county, and local government representatives; (C) Three (3) private sector representatives; (D) Three (3) representatives of institutions of higher education; and (E) The State Chief Technology Officer. (3) All members of the board shall have knowledge of the use and usefulness of digital land and geographic information in the management of government and a general awareness of the role of mapping as related to that management. (4) No person shall serve as a member of the board for more than two (2) full consecutive terms. (5) Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to complete the board membership.

(1) (A) (i) The board shall be composed of thirteen (13) voting members. (ii) Twelve (12) of the voting members shall be appointed by the Governor for terms of four (4) years. (iii) The thirteenth voting member shall be the State Chief Technology Officer. (B) At the time of appointment or reappointment, the appointing authority shall adjust the length of terms to ensure that the terms of members of the board are staggered so that, insofar as possible, an equal number of members shall rotate each year.

(A) (i) The board shall be composed of thirteen (13) voting members. (ii) Twelve (12) of the voting members shall be appointed by the Governor for terms of four (4) years. (iii) The thirteenth voting member shall be the State Chief Technology Officer.

(i) The board shall be composed of thirteen (13) voting members.

(ii) Twelve (12) of the voting members shall be appointed by the Governor for terms of four (4) years.

(iii) The thirteenth voting member shall be the State Chief Technology Officer.

(B) At the time of appointment or reappointment, the appointing authority shall adjust the length of terms to ensure that the terms of members of the board are staggered so that, insofar as possible, an equal number of members shall rotate each year.

(2) The board shall be composed of the following members or their designees: (A) Three (3) state entity representatives; (B) Three (3) city, county, and local government representatives; (C) Three (3) private sector representatives; (D) Three (3) representatives of institutions of higher education; and (E) The State Chief Technology Officer.

(A) Three (3) state entity representatives;

(B) Three (3) city, county, and local government representatives;

(C) Three (3) private sector representatives;

(D) Three (3) representatives of institutions of higher education; and

(E) The State Chief Technology Officer.

(3) All members of the board shall have knowledge of the use and usefulness of digital land and geographic information in the management of government and a general awareness of the role of mapping as related to that management.

(4) No person shall serve as a member of the board for more than two (2) full consecutive terms.

(5) Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to complete the board membership.

(c) (1) (A) A chair and a vice chair shall be elected by the board membership to oversee all board and committee meetings. (B) Members of the board must elect a chair and vice chair every year. (2) (A) The board shall appoint the State Geographic Information Officer to serve with the approval and at the pleasure of the Governor. (B) The State Geographic Information Officer will: (i) Assist the board in developing a comprehensive plan and evaluation procedures on how the state should implement tactical and strategic geographic information systems and land information systems planning; (ii) Implement informational and educational programs; and (iii) Coordinate intrastate geographic information systems and land information systems efforts. (C) The State Geographic Information Officer shall report to the Secretary of the Department of Transformation and Shared Services.

(1) (A) A chair and a vice chair shall be elected by the board membership to oversee all board and committee meetings. (B) Members of the board must elect a chair and vice chair every year.

(A) A chair and a vice chair shall be elected by the board membership to oversee all board and committee meetings.

(B) Members of the board must elect a chair and vice chair every year.

(2) (A) The board shall appoint the State Geographic Information Officer to serve with the approval and at the pleasure of the Governor. (B) The State Geographic Information Officer will: (i) Assist the board in developing a comprehensive plan and evaluation procedures on how the state should implement tactical and strategic geographic information systems and land information systems planning; (ii) Implement informational and educational programs; and (iii) Coordinate intrastate geographic information systems and land information systems efforts. (C) The State Geographic Information Officer shall report to the Secretary of the Department of Transformation and Shared Services.

(A) The board shall appoint the State Geographic Information Officer to serve with the approval and at the pleasure of the Governor.

(B) The State Geographic Information Officer will: (i) Assist the board in developing a comprehensive plan and evaluation procedures on how the state should implement tactical and strategic geographic information systems and land information systems planning; (ii) Implement informational and educational programs; and (iii) Coordinate intrastate geographic information systems and land information systems efforts.

(i) Assist the board in developing a comprehensive plan and evaluation procedures on how the state should implement tactical and strategic geographic information systems and land information systems planning;

(ii) Implement informational and educational programs; and

(iii) Coordinate intrastate geographic information systems and land information systems efforts.

(C) The State Geographic Information Officer shall report to the Secretary of the Department of Transformation and Shared Services.

(d) (1) The State Geographic Information Officer shall administer daily operations of the Arkansas Geographic Information Systems Office with direction from the board and the secretary. (2) This may include liaison between the board, the Governor, the secretary, the State Chief Technology Officer, and public or private sector entities involved in spatial data and land records modernization, project management in the preparation of the strategic planning documents related to spatial data and land records modernization, developing policy and procedures for land records modernization, and developing policy and procedures for the activities of the board. (3) Additional requirements are the implementation of educational programs, coordinating vendor exhibits, and facilitating technical assistance and consulting.

(1) The State Geographic Information Officer shall administer daily operations of the Arkansas Geographic Information Systems Office with direction from the board and the secretary.

(2) This may include liaison between the board, the Governor, the secretary, the State Chief Technology Officer, and public or private sector entities involved in spatial data and land records modernization, project management in the preparation of the strategic planning documents related to spatial data and land records modernization, developing policy and procedures for land records modernization, and developing policy and procedures for the activities of the board.

(3) Additional requirements are the implementation of educational programs, coordinating vendor exhibits, and facilitating technical assistance and consulting.

(e) The board may conduct meetings at such places and such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish its objectives and purposes.

(f) Members of the board shall receive no compensation for their services.

(g) The board will be provided administrative support through the office.

(h) The funds necessary to carry out the provisions of this subchapter shall come from the Geographic Information Systems Fund.

(i) [Repealed.]

Amended by Act 2023, No. 287,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 6075, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6074, eff. 7/1/2019.

Amended by Act 2015, No. 103,§ 10, eff. 7/22/2015.

Acts 1995, No. 1259, §§ 1, 5; 1997, No. 914, § 28; 2001, No. 1250, § 3; 2003, No. 1473, § 33; 2005, No. 264, § 1; 2007, No. 751, § 7; 2009, No. 244, § 1.
Ark. Code Ann. § 15-20-601 — AR Code / Title 15 / Chapter 20 / Subchapter 6 / Section 15-20-601
Legislative findings and policy
Status: in_force

The General Assembly finds that caves are uncommon geologic phenomena, and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. Also irreplaceable are the cultural resources in caves which are of great scientific and historic value. It is further found that the organisms which live in caves are unusual and of limited numbers, that many are rare and endangered species, and that caves are a natural conduit for groundwater flow and are highly subject to water pollution, thus having far-reaching effects transcending man-made property boundaries. It is therefore declared to be the policy of the State of Arkansas and the intent of this subchapter to protect these unique natural and cultural resources. Acts 1989, No. 523, § 1.

The General Assembly finds that caves are uncommon geologic phenomena, and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. Also irreplaceable are the cultural resources in caves which are of great scientific and historic value. It is further found that the organisms which live in caves are unusual and of limited numbers, that many are rare and endangered species, and that caves are a natural conduit for groundwater flow and are highly subject to water pollution, thus having far-reaching effects transcending man-made property boundaries. It is therefore declared to be the policy of the State of Arkansas and the intent of this subchapter to protect these unique natural and cultural resources.

Acts 1989, No. 523, § 1.
Ark. Code Ann. § 15-22-213 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-213
Permits - Modification or cancellation
Status: in_force

Any permit or an extension thereof issued by the Arkansas Natural Resources Commission may be modified or cancelled by order of the commission after notice and hearing upon the failure of the person holding the permit to maintain the dam adequately or to comply substantially with any condition of the permit with respect to its operation. Acts 1957, No. 81, § 6; 1969, No. 180, § 3; 1985, No. 475, § 3; A.S.A. 1947, § 21-1306.

Any permit or an extension thereof issued by the Arkansas Natural Resources Commission may be modified or cancelled by order of the commission after notice and hearing upon the failure of the person holding the permit to maintain the dam adequately or to comply substantially with any condition of the permit with respect to its operation.

Acts 1957, No. 81, § 6; 1969, No. 180, § 3; 1985, No. 475, § 3; A.S.A. 1947, § 21-1306.
Ark. Code Ann. § 15-75-321 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-321
Suspension of certificate of competency - Revocation of permit or certificate
Status: in_force

(a) The Director of the Liquefied Petroleum Gas Board or any inspector of the Liquefied Petroleum Gas Board is authorized to temporarily suspend the certificate of competency of any person subject to this subchapter if it shall be determined that the person, while engaged in liquefied petroleum gas operations, is so engaged in a reckless, careless, or unsafe manner or in an intoxicated state which endangers human life, provided that those persons shall have an opportunity to contest the suspension under the provisions of this subchapter as hereinafter provided for. (b) The board, upon sufficient proof, may revoke, suspend, reprimand, place on probation, refuse to renew, or refuse to issue the permit or certificate of competency of any holder or person for cause or willful violation of any of the laws or rules as promulgated by the board after due notice, provided that all persons shall be entitled to a hearing before the board to show cause why the permit or certificate of competency should not be revoked. Any person whose certificate of competency has been temporarily suspended by the director or an inspector of the board shall be entitled to a hearing before the board at its next meeting to show cause why the certificate of competency should not be permanently revoked. No person whose permit or certificate of competency is suspended temporarily or permanently revoked hereunder shall engage in any phase of the liquefied petroleum gas business until authorized to do so by order of the board. (c) The board is empowered to administer oaths and affirmations, to take depositions, to certify to official actions, and to issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records deemed necessary as evidence in connection with any matter properly before it. In case of contumacy by a witness or a party or a refusal by any person to obey a subpoena, any court within the jurisdiction in which the witness, party, or other person is found or resides or transacts business, upon application by the board, shall issue to the witness, party, or other person as aforesaid an order requiring the person to appear before the board and to produce evidence if so ordered or to give testimony touching on the matter involved. Any failure to obey the order of the court may be punished by the court as a contempt thereof. A person who without just cause fails or refuses to attend and testify or answer any lawful inquiry or to produce books, papers, or records in obedience to a subpoena of the board shall be punished by a fine of not less than two hundred dollars ($200) or by imprisonment of not longer than sixty (60) days, or by both. Each day the violation continues is a separate offense and may be punished as such. If a holder of a permit or a certificate of competency violates any provision of this subsection, the board may immediately revoke his or her permit or certificate of competency, and the person shall not thereafter engage in any phase of the liquefied petroleum gas business until he or she has complied with reasonable orders the board may make in connection therewith. (d) All action taken by the board pursuant to this section is subject to judicial review by the Pulaski County Circuit Court as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) An applicant for or holder of a permit may not engage in any phase of the liquefied petroleum gas business covered by the permit during any period of refusal to grant or of revocation by the board, including the period of the pendency of any appeal from action by the board. (f) All suppliers of liquefied petroleum gases, containers, and equipment, when notified by the board of a revoked permit, may not legally sell liquefied petroleum gas, containers, or equipment to any person whose permit shall have been revoked. (g) All fines, penalties, forfeitures, and moneys of all description received by the board shall be deposited into the State Treasury to the credit of the Liquefied Petroleum Gas Fund. Amended by Act 2019, No. 315,§ 1272, eff. 7/24/2019. Acts 1965, No. 31, § 27; A.S.A. 1947, § 53-726; Acts 1995, No. 477, §§ 9, 10.

(a) The Director of the Liquefied Petroleum Gas Board or any inspector of the Liquefied Petroleum Gas Board is authorized to temporarily suspend the certificate of competency of any person subject to this subchapter if it shall be determined that the person, while engaged in liquefied petroleum gas operations, is so engaged in a reckless, careless, or unsafe manner or in an intoxicated state which endangers human life, provided that those persons shall have an opportunity to contest the suspension under the provisions of this subchapter as hereinafter provided for.

(b) The board, upon sufficient proof, may revoke, suspend, reprimand, place on probation, refuse to renew, or refuse to issue the permit or certificate of competency of any holder or person for cause or willful violation of any of the laws or rules as promulgated by the board after due notice, provided that all persons shall be entitled to a hearing before the board to show cause why the permit or certificate of competency should not be revoked. Any person whose certificate of competency has been temporarily suspended by the director or an inspector of the board shall be entitled to a hearing before the board at its next meeting to show cause why the certificate of competency should not be permanently revoked. No person whose permit or certificate of competency is suspended temporarily or permanently revoked hereunder shall engage in any phase of the liquefied petroleum gas business until authorized to do so by order of the board.

(c) The board is empowered to administer oaths and affirmations, to take depositions, to certify to official actions, and to issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records deemed necessary as evidence in connection with any matter properly before it. In case of contumacy by a witness or a party or a refusal by any person to obey a subpoena, any court within the jurisdiction in which the witness, party, or other person is found or resides or transacts business, upon application by the board, shall issue to the witness, party, or other person as aforesaid an order requiring the person to appear before the board and to produce evidence if so ordered or to give testimony touching on the matter involved. Any failure to obey the order of the court may be punished by the court as a contempt thereof. A person who without just cause fails or refuses to attend and testify or answer any lawful inquiry or to produce books, papers, or records in obedience to a subpoena of the board shall be punished by a fine of not less than two hundred dollars ($200) or by imprisonment of not longer than sixty (60) days, or by both. Each day the violation continues is a separate offense and may be punished as such. If a holder of a permit or a certificate of competency violates any provision of this subsection, the board may immediately revoke his or her permit or certificate of competency, and the person shall not thereafter engage in any phase of the liquefied petroleum gas business until he or she has complied with reasonable orders the board may make in connection therewith.

(d) All action taken by the board pursuant to this section is subject to judicial review by the Pulaski County Circuit Court as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) An applicant for or holder of a permit may not engage in any phase of the liquefied petroleum gas business covered by the permit during any period of refusal to grant or of revocation by the board, including the period of the pendency of any appeal from action by the board.

(f) All suppliers of liquefied petroleum gases, containers, and equipment, when notified by the board of a revoked permit, may not legally sell liquefied petroleum gas, containers, or equipment to any person whose permit shall have been revoked.

(g) All fines, penalties, forfeitures, and moneys of all description received by the board shall be deposited into the State Treasury to the credit of the Liquefied Petroleum Gas Fund.

Amended by Act 2019, No. 315,§ 1272, eff. 7/24/2019.

Acts 1965, No. 31, § 27; A.S.A. 1947, § 53-726; Acts 1995, No. 477, §§ 9, 10.
Ark. Code Ann. § 15-31-101 — AR Code / Title 15 / Chapter 31 / Subchapter 1 / Section 15-31-101
Creation
Status: in_force

(a) There is created the Arkansas Forestry Commission. (b) It shall be the mission of the commission to promote forest resource health, conservation, and stewardship. (c) The commission shall cooperate with federal and state agencies, forest landowners, residents, and organizations in the prevention, detection, and suppression of wildland fires, in the control of forest insects and diseases, in the growth and distribution of forest tree seedlings, and in providing technical assistance and information relating to the most scientific methods of timber harvesting, reforestation, and forest resource protection and development, to the end that the forests throughout the state may be perpetuated. Acts 1953, No. 42, § 1; 1955, No. 99, § 1; 1959, No. 232, § 1; A.S.A. 1947, § 9-701.1; Acts 1999, No. 27, § 1.

(a) There is created the Arkansas Forestry Commission.

(b) It shall be the mission of the commission to promote forest resource health, conservation, and stewardship.

(c) The commission shall cooperate with federal and state agencies, forest landowners, residents, and organizations in the prevention, detection, and suppression of wildland fires, in the control of forest insects and diseases, in the growth and distribution of forest tree seedlings, and in providing technical assistance and information relating to the most scientific methods of timber harvesting, reforestation, and forest resource protection and development, to the end that the forests throughout the state may be perpetuated.

Acts 1953, No. 42, § 1; 1955, No. 99, § 1; 1959, No. 232, § 1; A.S.A. 1947, § 9-701.1; Acts 1999, No. 27, § 1.
Ark. Code Ann. § 15-20-301 — AR Code / Title 15 / Chapter 20 / Subchapter 3 / Section 15-20-301
Title
Status: in_force

This subchapter may be cited and referred to as the "Arkansas Environmental Quality Act of 1973". Acts 1973, No. 112, § 1; A.S.A. 1947, § 9-1401.

This subchapter may be cited and referred to as the "Arkansas Environmental Quality Act of 1973".

Acts 1973, No. 112, § 1; A.S.A. 1947, § 9-1401.
Ark. Code Ann. § 15-20-1203 — AR Code / Title 15 / Chapter 20 / Subchapter 12 / Section 15-20-1203
Cost share
Status: in_force

(a) (1) For the purchase and transportation of surplus litter from any nutrient surplus area to be used or disposed of within Arkansas but outside nutrient surplus areas and outside the watersheds listed in subdivision (a)(2) of this section, the Arkansas Natural Resources Commission may provide cost share incentives to natural persons, partnerships, and corporations in an amount not to exceed fifteen dollars ($15.00) from the Arkansas Water Development Fund for each ton of surplus litter purchased and transported. (2) Surplus litter removed from a nutrient surplus area under this subchapter may not be applied to land in the following watersheds as defined by the National Datasets for Natural Resource Analysis of the National Resources Conservation Service of the United States Department of Agriculture: (A) Upper Frog Bayou, Hydrologic Unit Code 1111020104; (B) Lower Frog Bayou, Hydrologic Unit Code 1111020105; (C) Lower Mulberry River, Hydrologic Unit Code 1111020108; (D) Middle Mulberry River, Hydrologic Unit Code 1111020107; (E) White Oak Creek-Arkansas River, Hydrologic Unit Code 1111020109; (F) Headwaters Mulberry River, Hydrologic Unit Code 1111020106; (G) Horsehead Creek, Hydrologic Unit Code 1111020202; (H) Spadra Creek, Hydrologic Unit Code 1111020203; (I) Headwaters Buffalo River, Hydrologic Unit Code 1101000502; (J) Little Buffalo River, Hydrologic Unit Code 1101000501; (K) Upper Big Piney Creek, Hydrologic Unit Code 1111020206; (L) Little Piney Creek, Hydrologic Unit Code 1111020207; (M) Lower Big Piney Creek, Hydrologic Unit Code 1111020208; (N) Headwaters Crooked Creek, Hydrologic Unit Code 1101000309; (O) Clear Creek-Crooked Creek, Hydrologic Unit Code 1101000308; (P) Outlet Crooked Creek, Hydrologic Unit Code 1101000310; (Q) Richland Creek-Buffalo River, Hydrologic Unit Code 1101000503; (R) Bear Creek-Buffalo River, Hydrologic Unit Code 1101000504; and (S) Outlet Buffalo River, Hydrologic Unit Code 1101000505. (b) Cost share funds shall be available to a natural person, partnership, or corporation that: (1) Purchases surplus litter from a poultry feeding operation in a nutrient surplus area registered under the Arkansas Poultry Feeding Operations Registration Act, § 15-20-901 et seq.; and (2) Transports or arranges for the transportation of the surplus litter outside the nutrient surplus areas to an area within Arkansas but outside the watersheds listed in subdivision (a)(2) of this section. Acts 2007, No. 532, § 1.

(a) (1) For the purchase and transportation of surplus litter from any nutrient surplus area to be used or disposed of within Arkansas but outside nutrient surplus areas and outside the watersheds listed in subdivision (a)(2) of this section, the Arkansas Natural Resources Commission may provide cost share incentives to natural persons, partnerships, and corporations in an amount not to exceed fifteen dollars ($15.00) from the Arkansas Water Development Fund for each ton of surplus litter purchased and transported. (2) Surplus litter removed from a nutrient surplus area under this subchapter may not be applied to land in the following watersheds as defined by the National Datasets for Natural Resource Analysis of the National Resources Conservation Service of the United States Department of Agriculture: (A) Upper Frog Bayou, Hydrologic Unit Code 1111020104; (B) Lower Frog Bayou, Hydrologic Unit Code 1111020105; (C) Lower Mulberry River, Hydrologic Unit Code 1111020108; (D) Middle Mulberry River, Hydrologic Unit Code 1111020107; (E) White Oak Creek-Arkansas River, Hydrologic Unit Code 1111020109; (F) Headwaters Mulberry River, Hydrologic Unit Code 1111020106; (G) Horsehead Creek, Hydrologic Unit Code 1111020202; (H) Spadra Creek, Hydrologic Unit Code 1111020203; (I) Headwaters Buffalo River, Hydrologic Unit Code 1101000502; (J) Little Buffalo River, Hydrologic Unit Code 1101000501; (K) Upper Big Piney Creek, Hydrologic Unit Code 1111020206; (L) Little Piney Creek, Hydrologic Unit Code 1111020207; (M) Lower Big Piney Creek, Hydrologic Unit Code 1111020208; (N) Headwaters Crooked Creek, Hydrologic Unit Code 1101000309; (O) Clear Creek-Crooked Creek, Hydrologic Unit Code 1101000308; (P) Outlet Crooked Creek, Hydrologic Unit Code 1101000310; (Q) Richland Creek-Buffalo River, Hydrologic Unit Code 1101000503; (R) Bear Creek-Buffalo River, Hydrologic Unit Code 1101000504; and (S) Outlet Buffalo River, Hydrologic Unit Code 1101000505.

(1) For the purchase and transportation of surplus litter from any nutrient surplus area to be used or disposed of within Arkansas but outside nutrient surplus areas and outside the watersheds listed in subdivision (a)(2) of this section, the Arkansas Natural Resources Commission may provide cost share incentives to natural persons, partnerships, and corporations in an amount not to exceed fifteen dollars ($15.00) from the Arkansas Water Development Fund for each ton of surplus litter purchased and transported.

(2) Surplus litter removed from a nutrient surplus area under this subchapter may not be applied to land in the following watersheds as defined by the National Datasets for Natural Resource Analysis of the National Resources Conservation Service of the United States Department of Agriculture: (A) Upper Frog Bayou, Hydrologic Unit Code 1111020104; (B) Lower Frog Bayou, Hydrologic Unit Code 1111020105; (C) Lower Mulberry River, Hydrologic Unit Code 1111020108; (D) Middle Mulberry River, Hydrologic Unit Code 1111020107; (E) White Oak Creek-Arkansas River, Hydrologic Unit Code 1111020109; (F) Headwaters Mulberry River, Hydrologic Unit Code 1111020106; (G) Horsehead Creek, Hydrologic Unit Code 1111020202; (H) Spadra Creek, Hydrologic Unit Code 1111020203; (I) Headwaters Buffalo River, Hydrologic Unit Code 1101000502; (J) Little Buffalo River, Hydrologic Unit Code 1101000501; (K) Upper Big Piney Creek, Hydrologic Unit Code 1111020206; (L) Little Piney Creek, Hydrologic Unit Code 1111020207; (M) Lower Big Piney Creek, Hydrologic Unit Code 1111020208; (N) Headwaters Crooked Creek, Hydrologic Unit Code 1101000309; (O) Clear Creek-Crooked Creek, Hydrologic Unit Code 1101000308; (P) Outlet Crooked Creek, Hydrologic Unit Code 1101000310; (Q) Richland Creek-Buffalo River, Hydrologic Unit Code 1101000503; (R) Bear Creek-Buffalo River, Hydrologic Unit Code 1101000504; and (S) Outlet Buffalo River, Hydrologic Unit Code 1101000505.

(A) Upper Frog Bayou, Hydrologic Unit Code 1111020104;

(B) Lower Frog Bayou, Hydrologic Unit Code 1111020105;

(C) Lower Mulberry River, Hydrologic Unit Code 1111020108;

(D) Middle Mulberry River, Hydrologic Unit Code 1111020107;

(E) White Oak Creek-Arkansas River, Hydrologic Unit Code 1111020109;

(F) Headwaters Mulberry River, Hydrologic Unit Code 1111020106;

(G) Horsehead Creek, Hydrologic Unit Code 1111020202;

(H) Spadra Creek, Hydrologic Unit Code 1111020203;

(I) Headwaters Buffalo River, Hydrologic Unit Code 1101000502;

(J) Little Buffalo River, Hydrologic Unit Code 1101000501;

(K) Upper Big Piney Creek, Hydrologic Unit Code 1111020206;

(L) Little Piney Creek, Hydrologic Unit Code 1111020207;

(M) Lower Big Piney Creek, Hydrologic Unit Code 1111020208;

(N) Headwaters Crooked Creek, Hydrologic Unit Code 1101000309;

(O) Clear Creek-Crooked Creek, Hydrologic Unit Code 1101000308;

(P) Outlet Crooked Creek, Hydrologic Unit Code 1101000310;

(Q) Richland Creek-Buffalo River, Hydrologic Unit Code 1101000503;

(R) Bear Creek-Buffalo River, Hydrologic Unit Code 1101000504; and

(S) Outlet Buffalo River, Hydrologic Unit Code 1101000505.

(b) Cost share funds shall be available to a natural person, partnership, or corporation that: (1) Purchases surplus litter from a poultry feeding operation in a nutrient surplus area registered under the Arkansas Poultry Feeding Operations Registration Act, § 15-20-901 et seq.; and (2) Transports or arranges for the transportation of the surplus litter outside the nutrient surplus areas to an area within Arkansas but outside the watersheds listed in subdivision (a)(2) of this section.

(1) Purchases surplus litter from a poultry feeding operation in a nutrient surplus area registered under the Arkansas Poultry Feeding Operations Registration Act, § 15-20-901 et seq.; and

(2) Transports or arranges for the transportation of the surplus litter outside the nutrient surplus areas to an area within Arkansas but outside the watersheds listed in subdivision (a)(2) of this section.

Acts 2007, No. 532, § 1.
Ark. Code Ann. § 15-5-407 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-407
Bond Guaranty Reserve Account - Investment of funds
Status: in_force

(a) (1) The Arkansas Development Finance Authority may establish a Bond Guaranty Reserve Account in an Arkansas financial institution or institutions that are members of the Federal Deposit Insurance Corporation. (2) The account shall be in the name of the authority, and the amount in the account in excess of that insured by the Federal Deposit Insurance Corporation shall be secured by, and the authority may invest account funds in: (A) Direct obligations of, or obligations which are guaranteed by, the United States; (B) Obligations, debentures, notes, or other evidences of indebtedness issued or guaranteed by any of the following: (i) Bank for Cooperatives; (ii) Export-Import Bank of the United States; (iii) Federal Financing Bank; (iv) Federal Home Loan Bank System; (v) Federal Home Loan Mortgage Corporation; (vi) Federal Housing Administration; (vii) Federal Intermediate Credit Bank; (viii) Federal Land Bank; (ix) Federal National Mortgage Association; or (x) Government National Mortgage Association; (C) Repurchase agreements with financial institutions acting as principal or agent for securities described in this subsection if the securities are delivered to the authority or trustee on its behalf; (D) Obligations issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States; (E) Certificates of deposit or time deposits or similar banking arrangements with a bank or banks or savings and loan association or associations, insured by the Federal Deposit Insurance Corporation; and (F) Investment agreements, capital notes, or banking arrangements with financial institutions or holding companies of financial institutions approved by the Board of Directors of the Arkansas Development Finance Authority, and to provide for the sale of any such investment agreements, capital notes, or banking arrangements and for the reinvestment of the proceeds of the sale. (b) (1) All moneys received by the authority under and pursuant to the provisions of this subchapter shall be deposited as and when received into the account. (2) It is the intent of this subchapter that idle funds in the account shall be invested as provided in this section in order that maximum interest return may be received by the account. (c) All moneys now or hereafter deposited into or paid to the authority for deposit into the account are specifically declared to be cash funds, received from sources other than taxes, restricted in their use and shall not be deposited into the State Treasury but shall be deposited into one (1) or more banks, as set forth in this section. Amended by Act 2017, No. 374,§ 18, eff. 8/1/2017. Amended by Act 2017, No. 374,§ 17, eff. 8/1/2017. Acts 1985, No. 340, § 6; 1985, No. 505, § 6; A.S.A. 1947, § 13-2929.

(a) (1) The Arkansas Development Finance Authority may establish a Bond Guaranty Reserve Account in an Arkansas financial institution or institutions that are members of the Federal Deposit Insurance Corporation. (2) The account shall be in the name of the authority, and the amount in the account in excess of that insured by the Federal Deposit Insurance Corporation shall be secured by, and the authority may invest account funds in: (A) Direct obligations of, or obligations which are guaranteed by, the United States; (B) Obligations, debentures, notes, or other evidences of indebtedness issued or guaranteed by any of the following: (i) Bank for Cooperatives; (ii) Export-Import Bank of the United States; (iii) Federal Financing Bank; (iv) Federal Home Loan Bank System; (v) Federal Home Loan Mortgage Corporation; (vi) Federal Housing Administration; (vii) Federal Intermediate Credit Bank; (viii) Federal Land Bank; (ix) Federal National Mortgage Association; or (x) Government National Mortgage Association; (C) Repurchase agreements with financial institutions acting as principal or agent for securities described in this subsection if the securities are delivered to the authority or trustee on its behalf; (D) Obligations issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States; (E) Certificates of deposit or time deposits or similar banking arrangements with a bank or banks or savings and loan association or associations, insured by the Federal Deposit Insurance Corporation; and (F) Investment agreements, capital notes, or banking arrangements with financial institutions or holding companies of financial institutions approved by the Board of Directors of the Arkansas Development Finance Authority, and to provide for the sale of any such investment agreements, capital notes, or banking arrangements and for the reinvestment of the proceeds of the sale.

(1) The Arkansas Development Finance Authority may establish a Bond Guaranty Reserve Account in an Arkansas financial institution or institutions that are members of the Federal Deposit Insurance Corporation.

(2) The account shall be in the name of the authority, and the amount in the account in excess of that insured by the Federal Deposit Insurance Corporation shall be secured by, and the authority may invest account funds in: (A) Direct obligations of, or obligations which are guaranteed by, the United States; (B) Obligations, debentures, notes, or other evidences of indebtedness issued or guaranteed by any of the following: (i) Bank for Cooperatives; (ii) Export-Import Bank of the United States; (iii) Federal Financing Bank; (iv) Federal Home Loan Bank System; (v) Federal Home Loan Mortgage Corporation; (vi) Federal Housing Administration; (vii) Federal Intermediate Credit Bank; (viii) Federal Land Bank; (ix) Federal National Mortgage Association; or (x) Government National Mortgage Association; (C) Repurchase agreements with financial institutions acting as principal or agent for securities described in this subsection if the securities are delivered to the authority or trustee on its behalf; (D) Obligations issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States; (E) Certificates of deposit or time deposits or similar banking arrangements with a bank or banks or savings and loan association or associations, insured by the Federal Deposit Insurance Corporation; and (F) Investment agreements, capital notes, or banking arrangements with financial institutions or holding companies of financial institutions approved by the Board of Directors of the Arkansas Development Finance Authority, and to provide for the sale of any such investment agreements, capital notes, or banking arrangements and for the reinvestment of the proceeds of the sale.

(A) Direct obligations of, or obligations which are guaranteed by, the United States;

(B) Obligations, debentures, notes, or other evidences of indebtedness issued or guaranteed by any of the following: (i) Bank for Cooperatives; (ii) Export-Import Bank of the United States; (iii) Federal Financing Bank; (iv) Federal Home Loan Bank System; (v) Federal Home Loan Mortgage Corporation; (vi) Federal Housing Administration; (vii) Federal Intermediate Credit Bank; (viii) Federal Land Bank; (ix) Federal National Mortgage Association; or (x) Government National Mortgage Association;

(i) Bank for Cooperatives;

(ii) Export-Import Bank of the United States;

(iii) Federal Financing Bank;

(iv) Federal Home Loan Bank System;

(v) Federal Home Loan Mortgage Corporation;

(vi) Federal Housing Administration;

(vii) Federal Intermediate Credit Bank;

(viii) Federal Land Bank;

(ix) Federal National Mortgage Association; or

(x) Government National Mortgage Association;

(C) Repurchase agreements with financial institutions acting as principal or agent for securities described in this subsection if the securities are delivered to the authority or trustee on its behalf;

(D) Obligations issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States;

(E) Certificates of deposit or time deposits or similar banking arrangements with a bank or banks or savings and loan association or associations, insured by the Federal Deposit Insurance Corporation; and

(F) Investment agreements, capital notes, or banking arrangements with financial institutions or holding companies of financial institutions approved by the Board of Directors of the Arkansas Development Finance Authority, and to provide for the sale of any such investment agreements, capital notes, or banking arrangements and for the reinvestment of the proceeds of the sale.

(b) (1) All moneys received by the authority under and pursuant to the provisions of this subchapter shall be deposited as and when received into the account. (2) It is the intent of this subchapter that idle funds in the account shall be invested as provided in this section in order that maximum interest return may be received by the account.

(1) All moneys received by the authority under and pursuant to the provisions of this subchapter shall be deposited as and when received into the account.

(2) It is the intent of this subchapter that idle funds in the account shall be invested as provided in this section in order that maximum interest return may be received by the account.

(c) All moneys now or hereafter deposited into or paid to the authority for deposit into the account are specifically declared to be cash funds, received from sources other than taxes, restricted in their use and shall not be deposited into the State Treasury but shall be deposited into one (1) or more banks, as set forth in this section.

Amended by Act 2017, No. 374,§ 18, eff. 8/1/2017.

Amended by Act 2017, No. 374,§ 17, eff. 8/1/2017.

Acts 1985, No. 340, § 6; 1985, No. 505, § 6; A.S.A. 1947, § 13-2929.
Ark. Code Ann. § 15-3-121 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-121
[Repealed]
Status: repealed

Repealed by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 13; 1985, No. 409, § 11; A.S.A. 1947, § 6-1613.

Repealed by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015.

Acts 1983, No. 859, § 13; 1985, No. 409, § 11; A.S.A. 1947, § 6-1613.
Ark. Code Ann. § 15-9-105 — AR Code / Title 15 / Chapter 9 / Section 15-9-105
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 14, eff. 8/1/2017. Acts 1999, No. 712, § 5.

Repealed by Act 2017, No. 540,§ 14, eff. 8/1/2017.

Acts 1999, No. 712, § 5.
Ark. Code Ann. § 15-72-314 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-314
Unit area oil and gas - Product of tract
Status: in_force

The portion of oil or gas produced from the unit area and allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from the tract. Operations for the production of oil or gas from any part of the unit area, conducted pursuant to the order of the Oil and Gas Commission, shall be deemed, for all purposes, to be operations for the production of oil or gas from each separately owned tract in the unit area. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.

The portion of oil or gas produced from the unit area and allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from the tract. Operations for the production of oil or gas from any part of the unit area, conducted pursuant to the order of the Oil and Gas Commission, shall be deemed, for all purposes, to be operations for the production of oil or gas from each separately owned tract in the unit area.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-73-309 — AR Code / Title 15 / Chapter 73 / Subchapter 3 / Section 15-73-309
Binding conveyances by reversioner or remaindermen to life tenant or his or her lessee
Status: in_force

Whenever a life estate in lands has been in existence for thirty (30) years and oil has been produced from such lands for twenty (20) years under an oil and gas lease or leases executed by a life tenant, to whom the creator of the life estate had subsequently conveyed or attempted to convey his or her remaining interest in the land, and where all of the contingent remaindermen in esse at the time of the initial production of such oil have attempted to convey their interests by warranty deeds to the life tenant, or have executed and delivered, either in person or by guardian, an oil and gas lease or leases covering the lands to the life tenant's lessee, then, and in that event, all warranty deeds and all oil and gas leases shall be binding upon all contingent remaindermen who executed the warranty deed or deeds, or who executed the oil and gas lease or leases, whether in person or by guardian, upon their heirs and assigns, and upon all persons who heretofore have become or hereafter might become contingent remaindermen, to the same extent and with like effect as though the remainders had been vested at the time of the execution of the warranty deed or deeds and the oil and gas lease or leases. Where all of the contingent remaindermen in esse at the time of the initial production of oil shall have heretofore or hereafter conveyed or attempted to convey their interest in the land to the life tenant, then, and in that event, the fee title to the land shall be deemed vested in the life tenant free from any and all contingent remainders. Acts 1945, No. 155, § 1; A.S.A. 1947, § 53-311.

Whenever a life estate in lands has been in existence for thirty (30) years and oil has been produced from such lands for twenty (20) years under an oil and gas lease or leases executed by a life tenant, to whom the creator of the life estate had subsequently conveyed or attempted to convey his or her remaining interest in the land, and where all of the contingent remaindermen in esse at the time of the initial production of such oil have attempted to convey their interests by warranty deeds to the life tenant, or have executed and delivered, either in person or by guardian, an oil and gas lease or leases covering the lands to the life tenant's lessee, then, and in that event, all warranty deeds and all oil and gas leases shall be binding upon all contingent remaindermen who executed the warranty deed or deeds, or who executed the oil and gas lease or leases, whether in person or by guardian, upon their heirs and assigns, and upon all persons who heretofore have become or hereafter might become contingent remaindermen, to the same extent and with like effect as though the remainders had been vested at the time of the execution of the warranty deed or deeds and the oil and gas lease or leases. Where all of the contingent remaindermen in esse at the time of the initial production of oil shall have heretofore or hereafter conveyed or attempted to convey their interest in the land to the life tenant, then, and in that event, the fee title to the land shall be deemed vested in the life tenant free from any and all contingent remainders.

Acts 1945, No. 155, § 1; A.S.A. 1947, § 53-311.
Ark. Code Ann. § 15-72-608 — AR Code / Title 15 / Chapter 72 / Subchapter 6 / Section 15-72-608
Rules
Status: in_force

(a) The Oil and Gas Commission shall have authority to make reasonable rules and exercise such powers as are granted to it by §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 as may be necessary in the administration of this subchapter. (b) The Secretary of the Department of Finance and Administration shall have authority to make reasonable rules for the collection of the taxes and allowance of credit as provided in this subchapter. Amended by Act 2019, No. 315,§ 1258, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3412, eff. 7/1/2019. Acts 1957, No. 258, § 8; A.S.A. 1947, § 53-137.

(a) The Oil and Gas Commission shall have authority to make reasonable rules and exercise such powers as are granted to it by §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 as may be necessary in the administration of this subchapter.

(b) The Secretary of the Department of Finance and Administration shall have authority to make reasonable rules for the collection of the taxes and allowance of credit as provided in this subchapter.

Amended by Act 2019, No. 315,§ 1258, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3412, eff. 7/1/2019.

Acts 1957, No. 258, § 8; A.S.A. 1947, § 53-137.
Ark. Code Ann. § 15-4-1204 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1204
Application for preliminary approval
Status: in_force

Any five (5) or more qualified natural persons who shall be bona fide residents of the same county or region in this state to be served by the proposed company and who desire to associate themselves for the purpose of establishing and operating a company may subscribe, acknowledge, and file with the Bank Commissioner for preliminary approval proposed articles of incorporation in the case of a corporation and articles of organization and an operating agreement in the case of a limited liability company, in duplicate, as authorized by § 15-4-1211 . Acts 1991, No. 1029, § 3; 1999, No. 37, § 3.

Any five (5) or more qualified natural persons who shall be bona fide residents of the same county or region in this state to be served by the proposed company and who desire to associate themselves for the purpose of establishing and operating a company may subscribe, acknowledge, and file with the Bank Commissioner for preliminary approval proposed articles of incorporation in the case of a corporation and articles of organization and an operating agreement in the case of a limited liability company, in duplicate, as authorized by § 15-4-1211 .

Acts 1991, No. 1029, § 3; 1999, No. 37, § 3.
Ark. Code Ann. § 15-4-3905 — AR Code / Title 15 / Chapter 4 / Subchapter 39 / Section 15-4-3905
Military Affairs Division - Military Affairs Director - Creation
Status: in_force

(a) There is created the Military Affairs Division within the Arkansas Economic Development Commission to be the instrumentality of this state to promote and support military installations in the State of Arkansas. (b) (1) There is created the Military Affairs Director to head the division. (2) The Director of the Arkansas Economic Development Commission shall hire a qualified applicant to serve as the Military Affairs Director. (c) All state agencies may provide the Director of the Arkansas Economic Development Commission with assistance in advancing the purpose of the division by ensuring that the activities of the division are coordinated with the activities of other state agencies to achieve the purposes of this subchapter. Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.

(a) There is created the Military Affairs Division within the Arkansas Economic Development Commission to be the instrumentality of this state to promote and support military installations in the State of Arkansas.

(b) (1) There is created the Military Affairs Director to head the division. (2) The Director of the Arkansas Economic Development Commission shall hire a qualified applicant to serve as the Military Affairs Director.

(1) There is created the Military Affairs Director to head the division.

(2) The Director of the Arkansas Economic Development Commission shall hire a qualified applicant to serve as the Military Affairs Director.

(c) All state agencies may provide the Director of the Arkansas Economic Development Commission with assistance in advancing the purpose of the division by ensuring that the activities of the division are coordinated with the activities of other state agencies to achieve the purposes of this subchapter.

Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.