Ark. Code Ann. § 15-4-3704 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3704
Arkansas Workforce Development Board
Status: in_force

(a) The Arkansas Workforce Development Board is created. (b) The Arkansas Workforce Development Board shall consist of: (1) The Governor; (2) The following members to be appointed by the Governor, subject to confirmation by the Senate: (A) Members constituting a majority of the Arkansas Workforce Development Board who are representatives of businesses in Arkansas and who: (i) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who may be members of a local workforce development board; (ii) Represent businesses, including small businesses, or organizations representing businesses, providing employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in Arkansas; and (iii) Are appointed from among individuals nominated by Arkansas business organizations and business trade associations; and (B) Members constituting not less than twenty percent (20%) of the membership of the Arkansas Workforce Development Board who are representatives of the workforce within the state, to include: (i) Two (2) members who are representatives of labor organizations to be nominated by the Arkansas Labor Federation; (ii) One (1) member who is a representative of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, a representative of an apprenticeship program in Arkansas; (iii) At least one (1) member who is a representative of a community-based organization that has demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including community-based organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; (iv) At least one (1) member who is a representative from the Division of Higher Education representing postsecondary organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth; and (v) At least one (1) member who is a representative of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including community-based organizations that serve out-of-school youth; (3) The Director of the Adult Education Section; (4) The Director of the Division of Workforce Services; (5) The Commissioner of Arkansas Rehabilitation Services; (6) The Director of the Division of State Services for the Blind; (7) The Director of the Arkansas Economic Development Commission; (8) One (1) chief elected official nominated by the Arkansas Municipal League; and (9) One (1) chief elected official nominated by the Association of Arkansas Counties. (c) (1) The Arkansas Workforce Development Board shall not consist of more than thirty-eight (38) members. (2) A person may not serve in dual capacity as a member of the Arkansas Workforce Development Board. (d) The members of the Arkansas Workforce Development Board shall represent diverse geographic areas of the state, including urban, rural, and suburban areas. (e) The Governor shall annually select on June 1 of each year a chair for the Arkansas Workforce Development Board from among the members representing businesses. (f) (1) Appointed members shall serve four-year staggered terms. (2) The staggered terms shall be assigned by lot. (g) In the event of a vacancy on the Arkansas Workforce Development Board in one (1) of the appointed positions, the vacancy shall be filled for the unexpired portion of the term by appointment by the original appointing authority of a person meeting the same qualifications required for initial appointment. (h) (1) By a majority vote of the total membership of the Arkansas Workforce Development Board cast during its first regularly scheduled meeting of each calendar year, the Arkansas Workforce Development Board may authorize payment to the appointed members of a stipend not to exceed one hundred ten dollars ($110) per meeting attended of the full Arkansas Workforce Development Board or its committees, and the Arkansas Workforce Development Board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in § 25-16-902 . (2) The stipend shall be paid from Workforce Innovation and Opportunity Act funding awarded to the state and authorized for Arkansas Workforce Development Board activities. (i) The Arkansas Workforce Development Board shall make available to the public on a regular basis, through electronic means and open meetings, the following information regarding: (1) The activities of the Arkansas Workforce Development Board; (2) The state workforce development plan, or any modification of the state workforce development plan, before submission of either the state workforce development plan or any modification of the state workforce development plan; (3) Membership of the Arkansas Workforce Development Board; and (4) On request, minutes of formal meetings of the Arkansas Workforce Development Board. (j) A member of the Arkansas Workforce Development Board shall not: (1) Vote on a matter under consideration by the Arkansas Workforce Development Board: (A) Regarding the provision of services by the member or by an entity that the member represents; or (B) That would provide direct financial benefit to the member or the immediate family of the member; or (2) Engage in another activity determined by the Governor or law to constitute a conflict of interest. (k) (1) The Arkansas Workforce Development Board shall not directly hire staff. (2) Staff support shall be provided by the Division of Workforce Services. (3) The Governor shall appoint a chair and vice chair of the Arkansas Workforce Development Board. (l) The Arkansas Workforce Development Board shall meet at least quarterly or at the call of the chair or upon the written request of a majority of the members of the Arkansas Workforce Development Board. (m) Each appointed member shall be a resident of the State of Arkansas. (n) Each member shall have voting rights. (o) A simple majority of members shall constitute a quorum. Amended by Act 2023, No. 197,§ 5, eff. 3/6/2023. Amended by Act 2023, No. 182,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 431, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 430, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 429, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 13, eff. 8/1/2017. Added by Act 2015, No. 907,§ 3, eff. 4/1/2015.

(a) The Arkansas Workforce Development Board is created.

(b) The Arkansas Workforce Development Board shall consist of: (1) The Governor; (2) The following members to be appointed by the Governor, subject to confirmation by the Senate: (A) Members constituting a majority of the Arkansas Workforce Development Board who are representatives of businesses in Arkansas and who: (i) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who may be members of a local workforce development board; (ii) Represent businesses, including small businesses, or organizations representing businesses, providing employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in Arkansas; and (iii) Are appointed from among individuals nominated by Arkansas business organizations and business trade associations; and (B) Members constituting not less than twenty percent (20%) of the membership of the Arkansas Workforce Development Board who are representatives of the workforce within the state, to include: (i) Two (2) members who are representatives of labor organizations to be nominated by the Arkansas Labor Federation; (ii) One (1) member who is a representative of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, a representative of an apprenticeship program in Arkansas; (iii) At least one (1) member who is a representative of a community-based organization that has demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including community-based organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; (iv) At least one (1) member who is a representative from the Division of Higher Education representing postsecondary organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth; and (v) At least one (1) member who is a representative of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including community-based organizations that serve out-of-school youth; (3) The Director of the Adult Education Section; (4) The Director of the Division of Workforce Services; (5) The Commissioner of Arkansas Rehabilitation Services; (6) The Director of the Division of State Services for the Blind; (7) The Director of the Arkansas Economic Development Commission; (8) One (1) chief elected official nominated by the Arkansas Municipal League; and (9) One (1) chief elected official nominated by the Association of Arkansas Counties.

(1) The Governor;

(2) The following members to be appointed by the Governor, subject to confirmation by the Senate: (A) Members constituting a majority of the Arkansas Workforce Development Board who are representatives of businesses in Arkansas and who: (i) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who may be members of a local workforce development board; (ii) Represent businesses, including small businesses, or organizations representing businesses, providing employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in Arkansas; and (iii) Are appointed from among individuals nominated by Arkansas business organizations and business trade associations; and (B) Members constituting not less than twenty percent (20%) of the membership of the Arkansas Workforce Development Board who are representatives of the workforce within the state, to include: (i) Two (2) members who are representatives of labor organizations to be nominated by the Arkansas Labor Federation; (ii) One (1) member who is a representative of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, a representative of an apprenticeship program in Arkansas; (iii) At least one (1) member who is a representative of a community-based organization that has demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including community-based organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; (iv) At least one (1) member who is a representative from the Division of Higher Education representing postsecondary organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth; and (v) At least one (1) member who is a representative of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including community-based organizations that serve out-of-school youth;

(A) Members constituting a majority of the Arkansas Workforce Development Board who are representatives of businesses in Arkansas and who: (i) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who may be members of a local workforce development board; (ii) Represent businesses, including small businesses, or organizations representing businesses, providing employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in Arkansas; and (iii) Are appointed from among individuals nominated by Arkansas business organizations and business trade associations; and

(i) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who may be members of a local workforce development board;

(ii) Represent businesses, including small businesses, or organizations representing businesses, providing employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in Arkansas; and

(iii) Are appointed from among individuals nominated by Arkansas business organizations and business trade associations; and

(B) Members constituting not less than twenty percent (20%) of the membership of the Arkansas Workforce Development Board who are representatives of the workforce within the state, to include: (i) Two (2) members who are representatives of labor organizations to be nominated by the Arkansas Labor Federation; (ii) One (1) member who is a representative of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, a representative of an apprenticeship program in Arkansas; (iii) At least one (1) member who is a representative of a community-based organization that has demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including community-based organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; (iv) At least one (1) member who is a representative from the Division of Higher Education representing postsecondary organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth; and (v) At least one (1) member who is a representative of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including community-based organizations that serve out-of-school youth;

(i) Two (2) members who are representatives of labor organizations to be nominated by the Arkansas Labor Federation;

(ii) One (1) member who is a representative of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, a representative of an apprenticeship program in Arkansas;

(iii) At least one (1) member who is a representative of a community-based organization that has demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including community-based organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities;

(iv) At least one (1) member who is a representative from the Division of Higher Education representing postsecondary organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth; and

(v) At least one (1) member who is a representative of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including community-based organizations that serve out-of-school youth;

(3) The Director of the Adult Education Section;

(4) The Director of the Division of Workforce Services;

(5) The Commissioner of Arkansas Rehabilitation Services;

(6) The Director of the Division of State Services for the Blind;

(7) The Director of the Arkansas Economic Development Commission;

(8) One (1) chief elected official nominated by the Arkansas Municipal League; and

(9) One (1) chief elected official nominated by the Association of Arkansas Counties.

(c) (1) The Arkansas Workforce Development Board shall not consist of more than thirty-eight (38) members. (2) A person may not serve in dual capacity as a member of the Arkansas Workforce Development Board.

(1) The Arkansas Workforce Development Board shall not consist of more than thirty-eight (38) members.

(2) A person may not serve in dual capacity as a member of the Arkansas Workforce Development Board.

(d) The members of the Arkansas Workforce Development Board shall represent diverse geographic areas of the state, including urban, rural, and suburban areas.

(e) The Governor shall annually select on June 1 of each year a chair for the Arkansas Workforce Development Board from among the members representing businesses.

(f) (1) Appointed members shall serve four-year staggered terms. (2) The staggered terms shall be assigned by lot.

(1) Appointed members shall serve four-year staggered terms.

(2) The staggered terms shall be assigned by lot.

(g) In the event of a vacancy on the Arkansas Workforce Development Board in one (1) of the appointed positions, the vacancy shall be filled for the unexpired portion of the term by appointment by the original appointing authority of a person meeting the same qualifications required for initial appointment.

(h) (1) By a majority vote of the total membership of the Arkansas Workforce Development Board cast during its first regularly scheduled meeting of each calendar year, the Arkansas Workforce Development Board may authorize payment to the appointed members of a stipend not to exceed one hundred ten dollars ($110) per meeting attended of the full Arkansas Workforce Development Board or its committees, and the Arkansas Workforce Development Board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in § 25-16-902 . (2) The stipend shall be paid from Workforce Innovation and Opportunity Act funding awarded to the state and authorized for Arkansas Workforce Development Board activities.

(1) By a majority vote of the total membership of the Arkansas Workforce Development Board cast during its first regularly scheduled meeting of each calendar year, the Arkansas Workforce Development Board may authorize payment to the appointed members of a stipend not to exceed one hundred ten dollars ($110) per meeting attended of the full Arkansas Workforce Development Board or its committees, and the Arkansas Workforce Development Board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in § 25-16-902 .

(2) The stipend shall be paid from Workforce Innovation and Opportunity Act funding awarded to the state and authorized for Arkansas Workforce Development Board activities.

(i) The Arkansas Workforce Development Board shall make available to the public on a regular basis, through electronic means and open meetings, the following information regarding: (1) The activities of the Arkansas Workforce Development Board; (2) The state workforce development plan, or any modification of the state workforce development plan, before submission of either the state workforce development plan or any modification of the state workforce development plan; (3) Membership of the Arkansas Workforce Development Board; and (4) On request, minutes of formal meetings of the Arkansas Workforce Development Board.

(1) The activities of the Arkansas Workforce Development Board;

(2) The state workforce development plan, or any modification of the state workforce development plan, before submission of either the state workforce development plan or any modification of the state workforce development plan;

(3) Membership of the Arkansas Workforce Development Board; and

(4) On request, minutes of formal meetings of the Arkansas Workforce Development Board.

(j) A member of the Arkansas Workforce Development Board shall not: (1) Vote on a matter under consideration by the Arkansas Workforce Development Board: (A) Regarding the provision of services by the member or by an entity that the member represents; or (B) That would provide direct financial benefit to the member or the immediate family of the member; or (2) Engage in another activity determined by the Governor or law to constitute a conflict of interest.

(1) Vote on a matter under consideration by the Arkansas Workforce Development Board: (A) Regarding the provision of services by the member or by an entity that the member represents; or (B) That would provide direct financial benefit to the member or the immediate family of the member; or

(A) Regarding the provision of services by the member or by an entity that the member represents; or

(B) That would provide direct financial benefit to the member or the immediate family of the member; or

(2) Engage in another activity determined by the Governor or law to constitute a conflict of interest.

(k) (1) The Arkansas Workforce Development Board shall not directly hire staff. (2) Staff support shall be provided by the Division of Workforce Services. (3) The Governor shall appoint a chair and vice chair of the Arkansas Workforce Development Board.

(1) The Arkansas Workforce Development Board shall not directly hire staff.

(2) Staff support shall be provided by the Division of Workforce Services.

(3) The Governor shall appoint a chair and vice chair of the Arkansas Workforce Development Board.

(l) The Arkansas Workforce Development Board shall meet at least quarterly or at the call of the chair or upon the written request of a majority of the members of the Arkansas Workforce Development Board.

(m) Each appointed member shall be a resident of the State of Arkansas.

(n) Each member shall have voting rights.

(o) A simple majority of members shall constitute a quorum.

Amended by Act 2023, No. 197,§ 5, eff. 3/6/2023.

Amended by Act 2023, No. 182,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 431, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 430, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 429, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 13, eff. 8/1/2017.

Added by Act 2015, No. 907,§ 3, eff. 4/1/2015.
Ark. Code Ann. § 15-75-317 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-317
Approval prerequisite to supplying or acquiring certain equipment and products
Status: in_force

(a) No applicant for a permit shall purchase, lease, rent, or furnish any equipment or product which is subject to inspection or regulation by the Liquefied Petroleum Gas Board until the application has been approved and authority to purchase has been granted by the Director of the Liquefied Petroleum Gas Board. (b) No permit holder shall sell, lease, rent, or furnish any equipment or product which is subject to inspection or regulation by the board to any applicant until the application has been approved and the authority to purchase has been granted by the director. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1999, No. 1577, § 9.

(a) No applicant for a permit shall purchase, lease, rent, or furnish any equipment or product which is subject to inspection or regulation by the Liquefied Petroleum Gas Board until the application has been approved and authority to purchase has been granted by the Director of the Liquefied Petroleum Gas Board.

(b) No permit holder shall sell, lease, rent, or furnish any equipment or product which is subject to inspection or regulation by the board to any applicant until the application has been approved and the authority to purchase has been granted by the director.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1999, No. 1577, § 9.
Ark. Code Ann. § 15-73-301 — AR Code / Title 15 / Chapter 73 / Subchapter 3 / Section 15-73-301
Leases by persons invested with life estate
Status: in_force

Whenever any land in this state may hereafter be, or shall have heretofore been, devised by will or conveyed by grant to any person by any language which at common law would have vested in that person an estate in fee tail, then the person who at common law would have been invested with a fee tail estate in the lands and who under the provisions of § 18-12-301 is or shall be invested with a life estate therein is authorized and empowered to execute oil and gas leases on the land, in the manner set out in this subchapter. Acts 1929, No. 76, § 1; Pope's Dig., § 1800; A.S.A. 1947, § 53-302.

Whenever any land in this state may hereafter be, or shall have heretofore been, devised by will or conveyed by grant to any person by any language which at common law would have vested in that person an estate in fee tail, then the person who at common law would have been invested with a fee tail estate in the lands and who under the provisions of § 18-12-301 is or shall be invested with a life estate therein is authorized and empowered to execute oil and gas leases on the land, in the manner set out in this subchapter.

Acts 1929, No. 76, § 1; Pope's Dig., § 1800; A.S.A. 1947, § 53-302.
Ark. Code Ann. § 15-5-1904 — AR Code / Title 15 / Chapter 5 / Subchapter 19 / Section 15-5-1904
Cash funds - Sufficient redemption fund required
Status: in_force

(a) (1) All moneys received by the Student Loan Authority Division of the Arkansas Development Finance Authority or its trustee as repayment of principal or interest on an education loan or as repayment of principal or interest on a guaranteed educational loan, including payments by the United States as subsidies, in payment of the guarantee on guaranteed educational loans made or purchased under this subchapter or as income on any other investment authorized by this subchapter are specifically declared to be cash funds. (2) The moneys shall not be deposited into the State Treasury but shall be deposited as required by the agreement or trust indenture for each different series of obligations of the division. (3) A sufficient amount of such money shall always be made available to any redemption fund securing outstanding obligations of the division to ensure their payment and interest thereon as they mature. (b) All revenues received by the division, except revenues derived from a state appropriation, are declared to be restricted cash funds and shall be used as provided in this subchapter. (c) The division may use the proceeds of any bond issues, together with any other available funds, for: (1) Making loans; (2) Purchasing loans and security interests in loan participations as authorized; (3) Paying incidental expenses in connection with loans; (4) Paying expenses of authorizing and issuing bonds; (5) Paying interest on bonds until revenues are available in sufficient amounts from the bonds; and (6) Funding reserves as necessary. (d) Revenues received by the division shall not be deposited into the State Treasury except those revenues received by state appropriation. (e) Funds of the division shall not inure to the benefit of or be distributed to employees, officers, or directors of the division except as authorized as reasonable compensation. (f) The revenues not deposited into the State Treasury shall be deposited into an account or accounts specified by resolution of the division and used for carrying out the provisions of any resolution, indenture securing bonds of the division, or other agreement of the division under this subchapter. (g) The division may establish one (1) or more special funds or accounts to secure bonds issued as necessary under this subchapter. Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.

(a) (1) All moneys received by the Student Loan Authority Division of the Arkansas Development Finance Authority or its trustee as repayment of principal or interest on an education loan or as repayment of principal or interest on a guaranteed educational loan, including payments by the United States as subsidies, in payment of the guarantee on guaranteed educational loans made or purchased under this subchapter or as income on any other investment authorized by this subchapter are specifically declared to be cash funds. (2) The moneys shall not be deposited into the State Treasury but shall be deposited as required by the agreement or trust indenture for each different series of obligations of the division. (3) A sufficient amount of such money shall always be made available to any redemption fund securing outstanding obligations of the division to ensure their payment and interest thereon as they mature.

(1) All moneys received by the Student Loan Authority Division of the Arkansas Development Finance Authority or its trustee as repayment of principal or interest on an education loan or as repayment of principal or interest on a guaranteed educational loan, including payments by the United States as subsidies, in payment of the guarantee on guaranteed educational loans made or purchased under this subchapter or as income on any other investment authorized by this subchapter are specifically declared to be cash funds.

(2) The moneys shall not be deposited into the State Treasury but shall be deposited as required by the agreement or trust indenture for each different series of obligations of the division.

(3) A sufficient amount of such money shall always be made available to any redemption fund securing outstanding obligations of the division to ensure their payment and interest thereon as they mature.

(b) All revenues received by the division, except revenues derived from a state appropriation, are declared to be restricted cash funds and shall be used as provided in this subchapter.

(c) The division may use the proceeds of any bond issues, together with any other available funds, for: (1) Making loans; (2) Purchasing loans and security interests in loan participations as authorized; (3) Paying incidental expenses in connection with loans; (4) Paying expenses of authorizing and issuing bonds; (5) Paying interest on bonds until revenues are available in sufficient amounts from the bonds; and (6) Funding reserves as necessary.

(1) Making loans;

(2) Purchasing loans and security interests in loan participations as authorized;

(3) Paying incidental expenses in connection with loans;

(4) Paying expenses of authorizing and issuing bonds;

(5) Paying interest on bonds until revenues are available in sufficient amounts from the bonds; and

(6) Funding reserves as necessary.

(d) Revenues received by the division shall not be deposited into the State Treasury except those revenues received by state appropriation.

(e) Funds of the division shall not inure to the benefit of or be distributed to employees, officers, or directors of the division except as authorized as reasonable compensation.

(f) The revenues not deposited into the State Treasury shall be deposited into an account or accounts specified by resolution of the division and used for carrying out the provisions of any resolution, indenture securing bonds of the division, or other agreement of the division under this subchapter.

(g) The division may establish one (1) or more special funds or accounts to secure bonds issued as necessary under this subchapter.

Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.
Ark. Code Ann. § 15-22-215 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-215
Certificates of registration - Water diversion - Exceptions
Status: in_force

(a) Any person diverting water from any stream, lake, or pond, except those natural lakes or ponds in the exclusive ownership of one (1) person, shall register the diversion with the Arkansas Natural Resources Commission or his or her local conservation district. (b) Each registration shall set forth: (1) The name and post office address of the registrant; (2) The source of water supply and location of the point of diversion, the manner of diversion, whether a dam is utilized, and the size and location of any such dam; (3) The purpose for the water diversion; (4) The estimated quantity of water diverted for direct use and the quantity of water stored away from the point of diversion for use when needed; (5) The location of the land on which the water is used, and, if for irrigation, the area and legal description of the lands irrigated, which may be depicted by the use of appropriate maps, and the kinds of crops cultivated under irrigation during the year; (6) The times during the water year that the water was diverted; and (7) Any other reasonable information requested by the commission in the performance of its duties under the laws of the State of Arkansas. (c) (1) The registration shall be based upon a water year, the twelve-month period beginning October 1 and ending the next September 30. (2) Registrations shall be submitted annually no later than March 1 for the prior water year. (d) After the initial registration, persons whose water use remains unchanged from the prior year need only report no change in water use. (e) Upon receipt of the registration by the commission, it shall be the duty of the commission to furnish to the registrant a certificate of registration containing all the information as set forth by the registrant. (f) (1) In any proceeding before any court or the commission for the adjudication of rights to divert water from any stream, lake, or pond, no party shall be granted any allocation of water above that required for domestic use unless he or she has complied with the provisions of this section. (2) However, this section shall not operate to allow a nonriparian use of water to supersede, subordinate, or otherwise take priority or precedence over a riparian right to divert water from a stream, lake, or pond. (g) (1) Any person who fails to register a diversion as required by subsections (a) and (b) of this section shall be subject to a late reporting fee of not more than five hundred dollars ($500) for each year he or she fails to register. (2) At the direction of the commission, the Attorney General or the commission's counsel shall bring suit on the relation of the State of Arkansas for the collection of the fee. (3) All fees received shall go to the Arkansas Water Development Fund. Acts 1957, No. 81, § 18, as added by Acts 1969, No. 180, § 6; A.S.A. 1947, § 21-1316; Acts 1989, No. 408, § 1.

(a) Any person diverting water from any stream, lake, or pond, except those natural lakes or ponds in the exclusive ownership of one (1) person, shall register the diversion with the Arkansas Natural Resources Commission or his or her local conservation district.

(b) Each registration shall set forth: (1) The name and post office address of the registrant; (2) The source of water supply and location of the point of diversion, the manner of diversion, whether a dam is utilized, and the size and location of any such dam; (3) The purpose for the water diversion; (4) The estimated quantity of water diverted for direct use and the quantity of water stored away from the point of diversion for use when needed; (5) The location of the land on which the water is used, and, if for irrigation, the area and legal description of the lands irrigated, which may be depicted by the use of appropriate maps, and the kinds of crops cultivated under irrigation during the year; (6) The times during the water year that the water was diverted; and (7) Any other reasonable information requested by the commission in the performance of its duties under the laws of the State of Arkansas.

(1) The name and post office address of the registrant;

(2) The source of water supply and location of the point of diversion, the manner of diversion, whether a dam is utilized, and the size and location of any such dam;

(3) The purpose for the water diversion;

(4) The estimated quantity of water diverted for direct use and the quantity of water stored away from the point of diversion for use when needed;

(5) The location of the land on which the water is used, and, if for irrigation, the area and legal description of the lands irrigated, which may be depicted by the use of appropriate maps, and the kinds of crops cultivated under irrigation during the year;

(6) The times during the water year that the water was diverted; and

(7) Any other reasonable information requested by the commission in the performance of its duties under the laws of the State of Arkansas.

(c) (1) The registration shall be based upon a water year, the twelve-month period beginning October 1 and ending the next September 30. (2) Registrations shall be submitted annually no later than March 1 for the prior water year.

(1) The registration shall be based upon a water year, the twelve-month period beginning October 1 and ending the next September 30.

(2) Registrations shall be submitted annually no later than March 1 for the prior water year.

(d) After the initial registration, persons whose water use remains unchanged from the prior year need only report no change in water use.

(e) Upon receipt of the registration by the commission, it shall be the duty of the commission to furnish to the registrant a certificate of registration containing all the information as set forth by the registrant.

(f) (1) In any proceeding before any court or the commission for the adjudication of rights to divert water from any stream, lake, or pond, no party shall be granted any allocation of water above that required for domestic use unless he or she has complied with the provisions of this section. (2) However, this section shall not operate to allow a nonriparian use of water to supersede, subordinate, or otherwise take priority or precedence over a riparian right to divert water from a stream, lake, or pond.

(1) In any proceeding before any court or the commission for the adjudication of rights to divert water from any stream, lake, or pond, no party shall be granted any allocation of water above that required for domestic use unless he or she has complied with the provisions of this section.

(2) However, this section shall not operate to allow a nonriparian use of water to supersede, subordinate, or otherwise take priority or precedence over a riparian right to divert water from a stream, lake, or pond.

(g) (1) Any person who fails to register a diversion as required by subsections (a) and (b) of this section shall be subject to a late reporting fee of not more than five hundred dollars ($500) for each year he or she fails to register. (2) At the direction of the commission, the Attorney General or the commission's counsel shall bring suit on the relation of the State of Arkansas for the collection of the fee. (3) All fees received shall go to the Arkansas Water Development Fund.

(1) Any person who fails to register a diversion as required by subsections (a) and (b) of this section shall be subject to a late reporting fee of not more than five hundred dollars ($500) for each year he or she fails to register.

(2) At the direction of the commission, the Attorney General or the commission's counsel shall bring suit on the relation of the State of Arkansas for the collection of the fee.

(3) All fees received shall go to the Arkansas Water Development Fund.

Acts 1957, No. 81, § 18, as added by Acts 1969, No. 180, § 6; A.S.A. 1947, § 21-1316; Acts 1989, No. 408, § 1.
Ark. Code Ann. § 15-58-302 — AR Code / Title 15 / Chapter 58 / Subchapter 3 / Section 15-58-302
Conditions, practices, and violations causing imminent danger or harm - Cessation order
Status: in_force

(a) If the Director of the Division of Environmental Quality or his or her authorized representative determines, on the basis of an inspection or other available information, that a condition or practice exists or that a permittee is in violation of a requirement of this chapter or of the rules issued pursuant to this chapter or of a permit condition required by this chapter or the rules issued pursuant to this chapter, and that this condition, practice, or violation also creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative or agent shall immediately issue a cessation order in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter requiring the immediate termination of all surface coal mining and reclamation operations or the portion thereof relevant to the condition, practice, or violation. (b) The cessation order shall remain in effect until the director or his or her authorized representative determines that the condition, practice, or violation has been abated or until the order has been modified, vacated, or terminated by the director or his or her authorized representative. The cessation order shall expire within thirty (30) days of actual notice to the operator unless an informal hearing is held in accordance with rules issued by the commission at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of the public hearing. (c) The operator or any person adversely affected by the issuance of a cessation order or a modification, vacation, or termination of the order may, within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal hearing at the mine site, request an adjudicatory public hearing pursuant to §§ 15-58-209 - 15-58-211 . (d) Where the director or his or her authorized representative finds that the ordered cessation of surface coal mining and reclamation operations or any portion thereof will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall, in addition to and as part of the cessation order, impose affirmative obligations on the operator requiring him or her to take whatever steps are deemed necessary to abate the imminent danger of the significant environmental harm. Amended by Act 2019, No. 315,§ 1196, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3149, eff. 7/1/2019. Acts 1979, No. 134, § 23; 1979, No. 647, § 7; A.S.A. 1947, § 52-957.

(a) If the Director of the Division of Environmental Quality or his or her authorized representative determines, on the basis of an inspection or other available information, that a condition or practice exists or that a permittee is in violation of a requirement of this chapter or of the rules issued pursuant to this chapter or of a permit condition required by this chapter or the rules issued pursuant to this chapter, and that this condition, practice, or violation also creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative or agent shall immediately issue a cessation order in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter requiring the immediate termination of all surface coal mining and reclamation operations or the portion thereof relevant to the condition, practice, or violation.

(b) The cessation order shall remain in effect until the director or his or her authorized representative determines that the condition, practice, or violation has been abated or until the order has been modified, vacated, or terminated by the director or his or her authorized representative. The cessation order shall expire within thirty (30) days of actual notice to the operator unless an informal hearing is held in accordance with rules issued by the commission at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of the public hearing.

(c) The operator or any person adversely affected by the issuance of a cessation order or a modification, vacation, or termination of the order may, within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal hearing at the mine site, request an adjudicatory public hearing pursuant to §§ 15-58-209 - 15-58-211 .

(d) Where the director or his or her authorized representative finds that the ordered cessation of surface coal mining and reclamation operations or any portion thereof will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall, in addition to and as part of the cessation order, impose affirmative obligations on the operator requiring him or her to take whatever steps are deemed necessary to abate the imminent danger of the significant environmental harm.

Amended by Act 2019, No. 315,§ 1196, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3149, eff. 7/1/2019.

Acts 1979, No. 134, § 23; 1979, No. 647, § 7; A.S.A. 1947, § 52-957.
Ark. Code Ann. § 15-57-315 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-315
Duties of operator
Status: in_force

Any operator of an open-cut mine will be subject to the following requirements with respect to the mining and reclamation of the site: (1) (A) (i) All affected land shall be graded to a rolling or terraced topography with adequate drainage. (ii) (a) No final slope will be steeper than one (1) vertical to three (3) horizontal. (b) The Division of Environmental Quality may approve a steeper final slope where the original contour of the affected land was steeper than the one-to-three ratio if the operator can assure, to the satisfaction of the division, the integrity of the final contour. (B) The Director of the Division of Environmental Quality shall develop rules which will allow the division the discretion to permit deviations from certain reclamation standards, including final slope steepness requirements within this subdivision (1), because of unique mining situations, provided the deviations are consistent with the declaration of policy in this subchapter; (2) (A) The operator may construct earthen dams where lakes may be formed in accordance with sound engineering practices. (B) (i) If a lake is to be left as a part of the reclamation plan, provisions must be made by the operator to assure that a pH factor of six (6) to nine (9) is maintained. (ii) However, where water runoff from outside the affected area into the lake has a pH factor of less than six (6) or greater than nine (9) or in order to allow the lake to more closely match the natural environment, the division, in its discretion, may allow a deviation in pH levels; (3) On all affected land which is to be reforested, the operator shall construct reasonable fire lanes or access roads of at least ten feet (10') in width through the land unless this requirement is waived by the division; (4) (A) Requirements for both establishment and maintenance of the vegetative cover shall be established by the division, and the operator shall comply with the requirements or use other equally effective means. (B) When the site slope is in condition for vegetating, a soil test may be made as a basis for soil amendments. Amendments may include lime, fertilizer, secondary micronutrients, an application of topsoil, or other means reasonably calculated to restore the slope to vegetating capabilities. (C) (i) Laboratory soil tests and recommendations shall be obtained from the University of Arkansas Cooperative Extension Service or any other public or private organization or person approved by the division. (ii) The operator shall furnish copies of the soil sample report and recommendations to the division. (D) Specifications concerning species to be grown, intended use, and associated information shall be provided by the operator on soil sample information sheets, and varieties and seeding rates of the species to be planted must conform to the recommendations of state and federal agricultural or forestry agencies; (5) (A) Open-cut mining operations must maintain an undisturbed buffer zone of fifty feet (50') from any adjacent property line or right-of-way until reclamation begins. (B) (i) For the division to approve a variance on the fifty-foot buffer zone, there must be an agreement between the affected property owner or right-of-way holder and the operator. (ii) Proof of such an agreement must be provided to the division. (C) The operator may begin creating the final slope during reclamation at ten feet (10') from the adjacent property line or right-of-way. (D) For purposes of this subdivision (5), the term "property line", "property owner", or "right-of-way holder" means and includes boundaries and owners of reserved or granted mineral rights where the fee simple interest and mineral interest have been severed; (6) (A) Whenever the exposed face of mined seams that contain acid-forming materials is not covered by water or by permanent water impoundment, the operator who mined the seams shall cover the exposed face of the seams with earth or spoil materials to a depth of not less than three feet (3') upon receiving approval from the division. (B) Alternatively, the division may approve any other course or conduct proposed by the operator which will assure protection of the seams from atmospheric exposure, minimize leaching action, or otherwise conform with water pollution control criteria to prevent formation of acid mine water or discharge mine water; (7) (A) The operator shall submit to the division no later than June 1 of each year of the permit term: (i) A map in a form acceptable to the division showing the location of the affected areas by section, township, range, and county with other legal description as will identify the affected land during the permit term upon which the operator has completed mining operations; (ii) The extent of completed reclamation as required under § 15-57-311(d) ; and (iii) A legend upon the map showing the number of acres of affected land. (B) The annual report shall include the amount of material mined during each twelve-month period; (8) (A) The division's approval of the operator's reclamation plan may be based upon the advice and technical assistance of the Arkansas Natural Resources Commission, the Arkansas State Game and Fish Commission, the State Forester, the Office of the State Geologist, and other agencies or persons having experience in foresting and reclaiming open-cut mined lands with forest or agronomic or horticultural species, based upon scientific knowledge from research into reclaiming and utilizing forest and agronomic species on open-cut mined lands. (B) The operator shall designate which parts of the affected land shall be reclaimed for forest, pasture, crop, horticulture, homesite, recreational, industrial, or other use, including food, shelter, or ground cover for wildlife and shall show each use by appropriate designation on the reclamation map; (9) (A) (i) All reclamation shall be completed by the operator in compliance with its detailed plan of reclamation. (ii) Where natural weathering and leaching of affected land fails to support plant growth at the end of the reclamation period as required under § 15-57-311(d) , the division, at the request of the operator, may approve a permit extension from year-to-year from the termination of the permit on the permitted area. (B) In the event that the operator does not comply with its schedule of reclamation or extensions granted within a reasonable period of time, to be determined by the division, the bond or substituted security of affected land not satisfactorily reclaimed shall be forfeited; (10) In the event that the operator's reclamation plan is found impracticable by the operator, upon the application of the operator, the division, in its discretion, may allow the modification of the reclamation plan, provided that the modified plan will carry out the purposes of this subchapter; (11) All mine spoil generated by the operator shall be disposed of in a manner approved by the division and designed to control siltation, erosion, or other damage to streams and natural watercourses, as best allowed by the soil conditions of the permitted area; (12) The operator shall preserve any topsoil for redistribution during reclamation unless otherwise approved by the director; (13) The operator shall protect the public from the dangers inherent in an open-cut mining operation by restricting access to the mine site and posting adequate warning signs; and (14) Upon approval from the division, stockpiles of processed materials may be left without being reclaimed if there is a likelihood that there will be a market for the material in the future and that there will be no form of pollution from the stockpiles remaining on or leaving the property. Amended by Act 2023, No. 697,§ 11, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1162, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3106, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3105, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3104, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3103, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3102, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3101, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3100, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3099, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3098, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3097, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3096, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3095, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3094, eff. 7/1/2019. Acts 1991, No. 827, § 14; 1993, No. 378, § 2; 1995, No. 1345, § 1; 1999, No. 1526, § 6; 2001, No. 550, § 4.

Any operator of an open-cut mine will be subject to the following requirements with respect to the mining and reclamation of the site:

(1) (A) (i) All affected land shall be graded to a rolling or terraced topography with adequate drainage. (ii) (a) No final slope will be steeper than one (1) vertical to three (3) horizontal. (b) The Division of Environmental Quality may approve a steeper final slope where the original contour of the affected land was steeper than the one-to-three ratio if the operator can assure, to the satisfaction of the division, the integrity of the final contour. (B) The Director of the Division of Environmental Quality shall develop rules which will allow the division the discretion to permit deviations from certain reclamation standards, including final slope steepness requirements within this subdivision (1), because of unique mining situations, provided the deviations are consistent with the declaration of policy in this subchapter;

(A) (i) All affected land shall be graded to a rolling or terraced topography with adequate drainage. (ii) (a) No final slope will be steeper than one (1) vertical to three (3) horizontal. (b) The Division of Environmental Quality may approve a steeper final slope where the original contour of the affected land was steeper than the one-to-three ratio if the operator can assure, to the satisfaction of the division, the integrity of the final contour.

(i) All affected land shall be graded to a rolling or terraced topography with adequate drainage.

(ii) (a) No final slope will be steeper than one (1) vertical to three (3) horizontal. (b) The Division of Environmental Quality may approve a steeper final slope where the original contour of the affected land was steeper than the one-to-three ratio if the operator can assure, to the satisfaction of the division, the integrity of the final contour.

(a) No final slope will be steeper than one (1) vertical to three (3) horizontal.

(b) The Division of Environmental Quality may approve a steeper final slope where the original contour of the affected land was steeper than the one-to-three ratio if the operator can assure, to the satisfaction of the division, the integrity of the final contour.

(B) The Director of the Division of Environmental Quality shall develop rules which will allow the division the discretion to permit deviations from certain reclamation standards, including final slope steepness requirements within this subdivision (1), because of unique mining situations, provided the deviations are consistent with the declaration of policy in this subchapter;

(2) (A) The operator may construct earthen dams where lakes may be formed in accordance with sound engineering practices. (B) (i) If a lake is to be left as a part of the reclamation plan, provisions must be made by the operator to assure that a pH factor of six (6) to nine (9) is maintained. (ii) However, where water runoff from outside the affected area into the lake has a pH factor of less than six (6) or greater than nine (9) or in order to allow the lake to more closely match the natural environment, the division, in its discretion, may allow a deviation in pH levels;

(A) The operator may construct earthen dams where lakes may be formed in accordance with sound engineering practices.

(B) (i) If a lake is to be left as a part of the reclamation plan, provisions must be made by the operator to assure that a pH factor of six (6) to nine (9) is maintained. (ii) However, where water runoff from outside the affected area into the lake has a pH factor of less than six (6) or greater than nine (9) or in order to allow the lake to more closely match the natural environment, the division, in its discretion, may allow a deviation in pH levels;

(i) If a lake is to be left as a part of the reclamation plan, provisions must be made by the operator to assure that a pH factor of six (6) to nine (9) is maintained.

(ii) However, where water runoff from outside the affected area into the lake has a pH factor of less than six (6) or greater than nine (9) or in order to allow the lake to more closely match the natural environment, the division, in its discretion, may allow a deviation in pH levels;

(3) On all affected land which is to be reforested, the operator shall construct reasonable fire lanes or access roads of at least ten feet (10') in width through the land unless this requirement is waived by the division;

(4) (A) Requirements for both establishment and maintenance of the vegetative cover shall be established by the division, and the operator shall comply with the requirements or use other equally effective means. (B) When the site slope is in condition for vegetating, a soil test may be made as a basis for soil amendments. Amendments may include lime, fertilizer, secondary micronutrients, an application of topsoil, or other means reasonably calculated to restore the slope to vegetating capabilities. (C) (i) Laboratory soil tests and recommendations shall be obtained from the University of Arkansas Cooperative Extension Service or any other public or private organization or person approved by the division. (ii) The operator shall furnish copies of the soil sample report and recommendations to the division. (D) Specifications concerning species to be grown, intended use, and associated information shall be provided by the operator on soil sample information sheets, and varieties and seeding rates of the species to be planted must conform to the recommendations of state and federal agricultural or forestry agencies;

(A) Requirements for both establishment and maintenance of the vegetative cover shall be established by the division, and the operator shall comply with the requirements or use other equally effective means.

(B) When the site slope is in condition for vegetating, a soil test may be made as a basis for soil amendments. Amendments may include lime, fertilizer, secondary micronutrients, an application of topsoil, or other means reasonably calculated to restore the slope to vegetating capabilities.

(C) (i) Laboratory soil tests and recommendations shall be obtained from the University of Arkansas Cooperative Extension Service or any other public or private organization or person approved by the division. (ii) The operator shall furnish copies of the soil sample report and recommendations to the division.

(i) Laboratory soil tests and recommendations shall be obtained from the University of Arkansas Cooperative Extension Service or any other public or private organization or person approved by the division.

(ii) The operator shall furnish copies of the soil sample report and recommendations to the division.

(D) Specifications concerning species to be grown, intended use, and associated information shall be provided by the operator on soil sample information sheets, and varieties and seeding rates of the species to be planted must conform to the recommendations of state and federal agricultural or forestry agencies;

(5) (A) Open-cut mining operations must maintain an undisturbed buffer zone of fifty feet (50') from any adjacent property line or right-of-way until reclamation begins. (B) (i) For the division to approve a variance on the fifty-foot buffer zone, there must be an agreement between the affected property owner or right-of-way holder and the operator. (ii) Proof of such an agreement must be provided to the division. (C) The operator may begin creating the final slope during reclamation at ten feet (10') from the adjacent property line or right-of-way. (D) For purposes of this subdivision (5), the term "property line", "property owner", or "right-of-way holder" means and includes boundaries and owners of reserved or granted mineral rights where the fee simple interest and mineral interest have been severed;

(A) Open-cut mining operations must maintain an undisturbed buffer zone of fifty feet (50') from any adjacent property line or right-of-way until reclamation begins.

(B) (i) For the division to approve a variance on the fifty-foot buffer zone, there must be an agreement between the affected property owner or right-of-way holder and the operator. (ii) Proof of such an agreement must be provided to the division.

(i) For the division to approve a variance on the fifty-foot buffer zone, there must be an agreement between the affected property owner or right-of-way holder and the operator.

(ii) Proof of such an agreement must be provided to the division.

(C) The operator may begin creating the final slope during reclamation at ten feet (10') from the adjacent property line or right-of-way.

(D) For purposes of this subdivision (5), the term "property line", "property owner", or "right-of-way holder" means and includes boundaries and owners of reserved or granted mineral rights where the fee simple interest and mineral interest have been severed;

(6) (A) Whenever the exposed face of mined seams that contain acid-forming materials is not covered by water or by permanent water impoundment, the operator who mined the seams shall cover the exposed face of the seams with earth or spoil materials to a depth of not less than three feet (3') upon receiving approval from the division. (B) Alternatively, the division may approve any other course or conduct proposed by the operator which will assure protection of the seams from atmospheric exposure, minimize leaching action, or otherwise conform with water pollution control criteria to prevent formation of acid mine water or discharge mine water;

(A) Whenever the exposed face of mined seams that contain acid-forming materials is not covered by water or by permanent water impoundment, the operator who mined the seams shall cover the exposed face of the seams with earth or spoil materials to a depth of not less than three feet (3') upon receiving approval from the division.

(B) Alternatively, the division may approve any other course or conduct proposed by the operator which will assure protection of the seams from atmospheric exposure, minimize leaching action, or otherwise conform with water pollution control criteria to prevent formation of acid mine water or discharge mine water;

(7) (A) The operator shall submit to the division no later than June 1 of each year of the permit term: (i) A map in a form acceptable to the division showing the location of the affected areas by section, township, range, and county with other legal description as will identify the affected land during the permit term upon which the operator has completed mining operations; (ii) The extent of completed reclamation as required under § 15-57-311(d) ; and (iii) A legend upon the map showing the number of acres of affected land. (B) The annual report shall include the amount of material mined during each twelve-month period;

(A) The operator shall submit to the division no later than June 1 of each year of the permit term: (i) A map in a form acceptable to the division showing the location of the affected areas by section, township, range, and county with other legal description as will identify the affected land during the permit term upon which the operator has completed mining operations; (ii) The extent of completed reclamation as required under § 15-57-311(d) ; and (iii) A legend upon the map showing the number of acres of affected land.

(i) A map in a form acceptable to the division showing the location of the affected areas by section, township, range, and county with other legal description as will identify the affected land during the permit term upon which the operator has completed mining operations;

(ii) The extent of completed reclamation as required under § 15-57-311(d) ; and

(iii) A legend upon the map showing the number of acres of affected land.

(B) The annual report shall include the amount of material mined during each twelve-month period;

(8) (A) The division's approval of the operator's reclamation plan may be based upon the advice and technical assistance of the Arkansas Natural Resources Commission, the Arkansas State Game and Fish Commission, the State Forester, the Office of the State Geologist, and other agencies or persons having experience in foresting and reclaiming open-cut mined lands with forest or agronomic or horticultural species, based upon scientific knowledge from research into reclaiming and utilizing forest and agronomic species on open-cut mined lands. (B) The operator shall designate which parts of the affected land shall be reclaimed for forest, pasture, crop, horticulture, homesite, recreational, industrial, or other use, including food, shelter, or ground cover for wildlife and shall show each use by appropriate designation on the reclamation map;

(A) The division's approval of the operator's reclamation plan may be based upon the advice and technical assistance of the Arkansas Natural Resources Commission, the Arkansas State Game and Fish Commission, the State Forester, the Office of the State Geologist, and other agencies or persons having experience in foresting and reclaiming open-cut mined lands with forest or agronomic or horticultural species, based upon scientific knowledge from research into reclaiming and utilizing forest and agronomic species on open-cut mined lands.

(B) The operator shall designate which parts of the affected land shall be reclaimed for forest, pasture, crop, horticulture, homesite, recreational, industrial, or other use, including food, shelter, or ground cover for wildlife and shall show each use by appropriate designation on the reclamation map;

(9) (A) (i) All reclamation shall be completed by the operator in compliance with its detailed plan of reclamation. (ii) Where natural weathering and leaching of affected land fails to support plant growth at the end of the reclamation period as required under § 15-57-311(d) , the division, at the request of the operator, may approve a permit extension from year-to-year from the termination of the permit on the permitted area. (B) In the event that the operator does not comply with its schedule of reclamation or extensions granted within a reasonable period of time, to be determined by the division, the bond or substituted security of affected land not satisfactorily reclaimed shall be forfeited;

(A) (i) All reclamation shall be completed by the operator in compliance with its detailed plan of reclamation. (ii) Where natural weathering and leaching of affected land fails to support plant growth at the end of the reclamation period as required under § 15-57-311(d) , the division, at the request of the operator, may approve a permit extension from year-to-year from the termination of the permit on the permitted area.

(i) All reclamation shall be completed by the operator in compliance with its detailed plan of reclamation.

(ii) Where natural weathering and leaching of affected land fails to support plant growth at the end of the reclamation period as required under § 15-57-311(d) , the division, at the request of the operator, may approve a permit extension from year-to-year from the termination of the permit on the permitted area.

(B) In the event that the operator does not comply with its schedule of reclamation or extensions granted within a reasonable period of time, to be determined by the division, the bond or substituted security of affected land not satisfactorily reclaimed shall be forfeited;

(10) In the event that the operator's reclamation plan is found impracticable by the operator, upon the application of the operator, the division, in its discretion, may allow the modification of the reclamation plan, provided that the modified plan will carry out the purposes of this subchapter;

(11) All mine spoil generated by the operator shall be disposed of in a manner approved by the division and designed to control siltation, erosion, or other damage to streams and natural watercourses, as best allowed by the soil conditions of the permitted area;

(12) The operator shall preserve any topsoil for redistribution during reclamation unless otherwise approved by the director;

(13) The operator shall protect the public from the dangers inherent in an open-cut mining operation by restricting access to the mine site and posting adequate warning signs; and

(14) Upon approval from the division, stockpiles of processed materials may be left without being reclaimed if there is a likelihood that there will be a market for the material in the future and that there will be no form of pollution from the stockpiles remaining on or leaving the property.

Amended by Act 2023, No. 697,§ 11, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1162, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3106, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3105, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3104, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3103, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3102, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3101, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3100, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3099, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3098, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3097, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3096, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3095, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3094, eff. 7/1/2019.

Acts 1991, No. 827, § 14; 1993, No. 378, § 2; 1995, No. 1345, § 1; 1999, No. 1526, § 6; 2001, No. 550, § 4.
Ark. Code Ann. § 15-3-104 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-104
Members
Status: in_force

(a) The Secretary of the Department of Commerce shall be advised by fourteen (14) directors, who together shall serve as the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission. (b) Directors shall be legal residents of the State of Arkansas. (c) The board shall consist of the Commissioner of the Division of Higher Education or the Commissioner of the Division of Higher Education's designee and thirteen (13) directors who shall be appointed by the Governor, subject to confirmation by the Senate, as follows: (1) Three (3) directors shall be engineers or scientists recognized for their scientific or technological research efforts; (2) Two (2) directors shall be appointed as representatives of academic institutions who have an extended extensive involvement in science and technology research; (3) Five (5) directors shall be representatives of the private sector of the state, who shall be persons with knowledge or experience in the fields of agriculture, forestry, finance, economic development, or science and technology; and (4) Three (3) directors shall be appointed as representatives of the private sector of the state, who shall be persons with knowledge or experience in the field of manufacturing. (d) In making appointments, the Governor shall give consideration to geographical representation in order that each major area of the state will be represented on the board. (e) Directors shall be appointed for terms running four (4) years from January 14 of the year of appointment. Directors shall hold office for the terms of their appointments and until their successors have been appointed and qualified. (f) In the event of a vacancy in the position of director, the vacancy shall be filled by appointment by the Governor in the same manner as provided for the initial appointment for the remainder of the unexpired portion of the term of the director. (g) No director shall serve more than two (2) terms of office. (h) A director may be removed by the Governor for cause, stated in writing, after a hearing or upon joint address of a majority of the membership of both houses of the General Assembly at a regular session, fiscal session, or extraordinary session. (i) Unless otherwise provided by law, a director may receive expense reimbursement in accordance with § 25-16-901 et seq. Such expenses and mileage shall be paid from funds appropriated for such purpose or otherwise available to the Arkansas Economic Development Commission. Amended by Act 2023, No. 786,§ 31, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 331, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 330, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1975 (Extended Sess., 1976), No. 1035, § 1; 1983, No. 859, § 2; 1985, No. 409, § 2; A.S.A. 1947, §§ 6-616, 6-1602; reen. Acts 1987, No. 862, § 1; Acts 1995, No. 65, § 1; 1997, No. 250, § 91; 2001, No. 1288, § 6; 2009, No. 962, § 30.

(a) The Secretary of the Department of Commerce shall be advised by fourteen (14) directors, who together shall serve as the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission.

(b) Directors shall be legal residents of the State of Arkansas.

(c) The board shall consist of the Commissioner of the Division of Higher Education or the Commissioner of the Division of Higher Education's designee and thirteen (13) directors who shall be appointed by the Governor, subject to confirmation by the Senate, as follows: (1) Three (3) directors shall be engineers or scientists recognized for their scientific or technological research efforts; (2) Two (2) directors shall be appointed as representatives of academic institutions who have an extended extensive involvement in science and technology research; (3) Five (5) directors shall be representatives of the private sector of the state, who shall be persons with knowledge or experience in the fields of agriculture, forestry, finance, economic development, or science and technology; and (4) Three (3) directors shall be appointed as representatives of the private sector of the state, who shall be persons with knowledge or experience in the field of manufacturing.

(1) Three (3) directors shall be engineers or scientists recognized for their scientific or technological research efforts;

(2) Two (2) directors shall be appointed as representatives of academic institutions who have an extended extensive involvement in science and technology research;

(3) Five (5) directors shall be representatives of the private sector of the state, who shall be persons with knowledge or experience in the fields of agriculture, forestry, finance, economic development, or science and technology; and

(4) Three (3) directors shall be appointed as representatives of the private sector of the state, who shall be persons with knowledge or experience in the field of manufacturing.

(d) In making appointments, the Governor shall give consideration to geographical representation in order that each major area of the state will be represented on the board.

(e) Directors shall be appointed for terms running four (4) years from January 14 of the year of appointment. Directors shall hold office for the terms of their appointments and until their successors have been appointed and qualified.

(f) In the event of a vacancy in the position of director, the vacancy shall be filled by appointment by the Governor in the same manner as provided for the initial appointment for the remainder of the unexpired portion of the term of the director.

(g) No director shall serve more than two (2) terms of office.

(h) A director may be removed by the Governor for cause, stated in writing, after a hearing or upon joint address of a majority of the membership of both houses of the General Assembly at a regular session, fiscal session, or extraordinary session.

(i) Unless otherwise provided by law, a director may receive expense reimbursement in accordance with § 25-16-901 et seq. Such expenses and mileage shall be paid from funds appropriated for such purpose or otherwise available to the Arkansas Economic Development Commission.

Amended by Act 2023, No. 786,§ 31, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 331, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 330, eff. 7/1/2019.

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

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

Acts 1975 (Extended Sess., 1976), No. 1035, § 1; 1983, No. 859, § 2; 1985, No. 409, § 2; A.S.A. 1947, §§ 6-616, 6-1602; reen. Acts 1987, No. 862, § 1; Acts 1995, No. 65, § 1; 1997, No. 250, § 91; 2001, No. 1288, § 6; 2009, No. 962, § 30.
Ark. Code Ann. § 15-32-311 — AR Code / Title 15 / Chapter 32 / Subchapter 3 / Section 15-32-311
Payment of funds into State Treasury
Status: in_force

(a) All moneys received from the sale of logs, timber, lumber, shingles, minerals, or other articles from public lands that were seized under this subchapter and all moneys recovered in legal proceedings under this subchapter for damages done to public lands, after paying the county timber inspectors, prosecuting attorneys, and witnesses as provided in § 15-32-308 , shall be deposited into the State Treasury to the credit of the respective funds that are used to administer the public lands. (b) All other moneys collected as expenses, fees, penalties, and damages for trespass on public lands shall be deposited into the General Revenue Fund Account of the State Apportionment Fund. Amended by Act 2017, No. 374,§ 41, eff. 8/1/2017. Acts 1883, No. 83, § 24, p. 140; 1901, No. 130, § 22, p. 202; C. & M. Dig., § 7015; Pope's Dig., § 8995; A.S.A. 1947, § 54-214.

(a) All moneys received from the sale of logs, timber, lumber, shingles, minerals, or other articles from public lands that were seized under this subchapter and all moneys recovered in legal proceedings under this subchapter for damages done to public lands, after paying the county timber inspectors, prosecuting attorneys, and witnesses as provided in § 15-32-308 , shall be deposited into the State Treasury to the credit of the respective funds that are used to administer the public lands.

(b) All other moneys collected as expenses, fees, penalties, and damages for trespass on public lands shall be deposited into the General Revenue Fund Account of the State Apportionment Fund.

Amended by Act 2017, No. 374,§ 41, eff. 8/1/2017.

Acts 1883, No. 83, § 24, p. 140; 1901, No. 130, § 22, p. 202; C. & M. Dig., § 7015; Pope's Dig., § 8995; A.S.A. 1947, § 54-214.
Ark. Code Ann. § 15-56-505 — AR Code / Title 15 / Chapter 56 / Subchapter 5 / Section 15-56-505
Passenger equipment
Status: in_force

All short lines of railway or tramway not exceeding six (6) miles in length shall not be required to maintain passenger equipment. However, if at their option they carry passengers, they shall be subject to the laws governing passenger traffic on railroads in this state. Acts 1905, No. 163, § 5, p. 407; C. & M. Dig., § 7298; Pope's Dig., § 9354; A.S.A. 1947, § 52-305.

All short lines of railway or tramway not exceeding six (6) miles in length shall not be required to maintain passenger equipment. However, if at their option they carry passengers, they shall be subject to the laws governing passenger traffic on railroads in this state.

Acts 1905, No. 163, § 5, p. 407; C. & M. Dig., § 7298; Pope's Dig., § 9354; A.S.A. 1947, § 52-305.
Ark. Code Ann. § 15-23-401 — AR Code / Title 15 / Chapter 23 / Subchapter 4 / Section 15-23-401
Approval and ratification - Text
Status: in_force

The following interstate Compact between the State of Oklahoma and the State of Arkansas, respecting the waters of the Arkansas River Basin, is hereby approved and ratified. ARKANSAS RIVER BASIN COMPACT ARKANSAS-OKLAHOMA, 1970 The State of Arkansas and the State of Oklahoma, acting through their duly authorized Compact representatives, S. Keith Jackson of Arkansas, and Glade R. Kirkpatrick of Oklahoma, after negotiations participated in by Trigg Twichell, appointed by the President as the representative of the United States of America, pursuant to and in accordance with the consent to such negotiations granted by an Act of Congress of the United States of America (Public Law 97, 84th Congress, 1st session) approved June 28, 1955, have agreed as follows respecting the waters of the Arkansas River and its tributaries: ARTICLE I The major purposes of this Compact are: A. To promote interstate comity between the States of Arkansas and Oklahoma; B. To provide for an equitable apportionment of the waters of the Arkansas River between the States of Arkansas and Oklahoma and to promote the orderly development thereof; C. To provide an agency for administering the water apportionment agreed to herein; D. To encourage the maintenance of an active pollution abatement program in each of the two States and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas River Basin; and E. To facilitate the cooperation of the water administration agencies of the States of Arkansas and Oklahoma in the total development and management of the water resources of the Arkansas River Basin. ARTICLE II As used in this Compact: A. The term "State" means either State signatory hereto and shall be construed to include any person or persons, entity or agency of either State who, by reason of official responsibility or by designation of the Governor of that State, is acting as an official representative of that State. B. The term "Arkansas-Oklahoma Arkansas River Compact Commission," or the term "Commission" means the agency created by this Compact for the administration thereof. C. The term "Arkansas River Basin" means all of the drainage basin of the Arkansas River and its tributaries from a point immediately below the confluence of the Grand-Neosho River with the Arkansas River near Muskogee, Oklahoma, to a point immediately below the confluence of Lee Creek with the Arkansas River near Van Buren, Arkansas, together with the drainage basin of Spavinaw Creek in Arkansas, but excluding that portion of the drainage basin of the Canadian River above Eufaula Dam. D. The term "Spavinaw Creek Sub-basin" means the drainage area of Spavinaw Creek in the State of Arkansas. E. The term "Illinois River Sub-basin" means the drainage area of Illinois River in the State of Arkansas. F. The term "Lee Creek Sub-basin" means the drainage area of Lee Creek in the State of Arkansas and the State of Oklahoma. G. The term "Poteau River Sub-basin" means the drainage area of Poteau River in the State of Arkansas. H. The term "Arkansas River Sub-basin" means all areas of the Arkansas River Basin except the four sub-basins described above. I. The term "water-year" means a twelve-month period beginning on October 1, and ending September 30. J. The term "annual yield" means the computed annual gross runoff from any specified sub-basin which would have passed any certain point on a stream and would have originated within any specified area under natural conditions, without any man-made depletion or accretion during the water year. K. The term "pollution" means contamination or other alterations of the physical, chemical, biological or radiological properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates, or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is discharged harmful, detrimental or injurious to public health, safety, or welfare, or which is harmful, detrimental or injurious to beneficial uses of the water. ARTICLE III A. The physical and other conditions peculiar to the Arkansas River Basin constitute the basis of this Compact, and neither of the States hereby, nor the Congress of the United States by its consent hereto, concedes that this Compact established any general principle with respect to any other interstate stream. B. By this Compact, neither State signatory hereto is relinquishing any interest or right it may have with respect to any waters flowing between them which do not originate in the Arkansas River Basin as defined by this Compact. ARTICLE IV The States of Arkansas and Oklahoma hereby agree upon the following apportionment of the waters of the Arkansas River Basin: A. The State of Arkansas shall have the right to develop and use the waters of the Spavinaw Creek Sub-basin subject to the limitation that the annual yield shall not be depleted by more than fifty percent (50%). B. The State of Arkansas shall have the right to develop and use the waters of the Illinois River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). C. The State of Arkansas shall have the right to develop and use all waters originating within the Lee Creek Sub-basin in the State of Arkansas, or the equivalent thereof. D. The State of Oklahoma shall have the right to develop and use all waters originating within the Lee Creek Sub-basin in the State of Oklahoma, or the equivalent thereof. E. The State of Arkansas shall have the right to develop and use the waters of the Poteau River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). F. The State of Oklahoma shall have the right to develop and use the waters of the Arkansas River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). ARTICLE V A. On or before December 31 of each year, following the effective date of this Compact, the Commission shall determine the stateline yields of the Arkansas River Basin for the previous water year. B. Any depletion of annual yield in excess of that allowed by the provisions of this Compact shall, subject to the control of the Commission, be delivered to the downstream State, and said delivery shall consist of not less than sixty percent (60%) of the current runoff of the basin. C. Methods for determining the annual yield of each of the sub-basins shall be those developed and approved by the Commission. ARTICLE VI A. Each State may construct, own, and operate for its needs water storage reservoirs in the other State, provided, however, that nothing contained in this Compact or its ratification by Arkansas or Oklahoma shall be interpreted as granting either state or the parties hereto, the right or power of eminent domain in any manner, whatsoever, outside the borders of its own state. B. Depletion in annual yield of any sub-basin of the Arkansas River Basin caused by the operation of any water storage reservoir either heretofore or hereafter constructed by the United States or any of its agencies, instrumentalities or wards, or by a State, political subdivision thereof, or any person or persons shall be charged against the State in which the yield therefrom is utilized. C. Each State shall have the free and unrestricted right to utilize the natural channel of any stream within the Arkansas River Basin for conveyance through the other State of waters released from any water storage reservoir for an intended downstream point of diversion or use without loss of ownership of such waters; provided, however, that a reduction shall be made in the amount of water which can be withdrawn at point of removal, equal to the transmission losses. ARTICLE VII The States of Arkansas and Oklahoma mutually agree to: A. The principle of individual State effort to abate man-made pollution within each State's respective borders, and the continuing support of both States in an active pollution abatement program; B. The cooperation of the appropriate State agencies in the States of Arkansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas River Basin; C. Enter into joint programs for the identification and control of sources of pollution of the waters of the Arkansas River and its tributaries which are of interstate significance; D. The principle that neither State may require the other to provide water for the purpose of water quality control as a substitute for adequate waste treatment; E. Utilize the provisions of all Federal and State water pollution laws and to recognize such water quality standards as may be now or hereafter established under the Federal Water Pollution Control Act in the resolution of any pollution problems affecting the waters of the Arkansas River Basin. ARTICLE VIII A. There is hereby created an interstate administrative agency to be known as the "Arkansas-Oklahoma Arkansas River Compact Commission." The commission shall be composed of three Commissioners representing the State of Arkansas and three Commissioners representing the State of Oklahoma, selected as provided below; and, if designated by the President or an authorized Federal agency, one Commissioner representing the United States. The President, or the Federal agency authorized to make such appointments, is hereby requested to designate a Commissioner and an alternate representing the United States. The Federal Commissioner, if one be designated, shall be the Chairman and presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. B. One Arkansas Commissioner shall be the Director of the Arkansas Soil and Water Conservation Commission, or such other agency as may be hereafter responsible for administering water law in the State. The other two Commissioners shall reside in the Arkansas River drainage area in the State of Arkansas and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively. C. One Oklahoma Commissioner shall be the Director of the Oklahoma Water Resources Board, or such other agency as may be hereafter responsible for administering water law in the State. The other two commissioners shall reside within the Arkansas River drainage area in the State of Oklahoma and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms, with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively. D. A majority of the Commissioners of each State and the Commissioner or his alternate representing the United States, if they are so designated, must be present to constitute a quorum. In taking any Commission action, each signatory State shall have a single vote representing the majority opinion of the Commissioners of that State. E. In the case of a tie vote on any of the Commission's determinations, order, or other actions, a majority of the Commissioners of either State may, upon written request to the Chairman, submit the question to arbitration. Arbitration shall not be compulsory, but on the event of arbitration, there shall be three arbitrators: (1) One named by resolution duly adopted by the Arkansas Soil and Water Conservation Commission, or such other state agency as may be hereafter responsible for administering water law in the State of Arkansas; and (2) One named by resolution duly adopted by the Oklahoma Water Resources Board, or such other State agency as may be hereafter responsible for administering water law in the State of Oklahoma; and (3) The third chosen by the two arbitrators who are selected as provided above. If the arbitrators fail to select a third within sixty (60) days following their selection, then he shall be chosen by the Chairman of the Commission. F. The salaries and personal expenses of each Commissioner shall be paid by the Government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact shall be borne equally by the two States and shall be paid by the Commission out of the "Arkansas-Oklahoma Arkansas River Compact Fund," initiated and maintained as provided in Article IX (B)(5) below. The States hereby mutually agree to appropriate sums sufficient to cover its share of the expenses incurred in the administration of this Compact, to be paid into said fund. Disbursements shall be made from said fund in such manner as may be authorized by the Commission. Such funds shall not be subject to the audit and accounting procedures of the States; however, all receipts and disbursements of funds handled by the Commission shall be audited by a qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the Commission, provided by Article IX (B)(6) below. The Commission shall not pledge the credit of either State and shall not incur any obligations prior to the availability of funds adequate to meet the same. ARTICLE IX A. The Commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under this Compact; (2) Enter into contracts with appropriate State or Federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports; (3) Establish and maintain an office for the conduct of its affairs; (4) Adopt and procure a seal for its official use; (5) Adopt rules and regulations governing its operations. The procedures employed for the administration of this Compact shall not be subject to any Administrative Procedures Act of either State, but shall be subject to the provisions hereof and to the rules and regulations of the Commission; provided, however, all rules and regulations of the Commission shall be filed with the Secretary of State of the signatory States; (6) Cooperate with Federal and State agencies and political subdivisions of the signatory States in developing principles, consistent with the provisions of this Compact and with Federal and State policy, for the storage and release of water from reservoirs, both existing and future within the Arkansas River Basin, for the purpose of assuring their operation in the best interests of the States and the United States; (7) Hold hearings and compel the attendance of witnesses for the purpose of taking testimony and receiving other appropriate and proper evidence and issuing such appropriate orders as it deems necessary for the proper administration of this Compact, which orders shall be enforceable upon the request by the Commission or any other interested party in any court of competent jurisdiction within the county wherein the subject matter to which the order relates is in existence, subject to the right of review through the appellate courts of the State of situs. Any hearing held for the promulgation and issuance of orders shall be in the county and State of the subject matter of said hearing; (8) Make and file official certified copies of any of its findings, recommendations or reports with such officers or agencies of either State, or the United States, as may have any interest in or jurisdiction over the subject matter. Findings of fact made by the Commission shall be admissible in evidence and shall constitute prima facie evidence of such fact in any court or before any agency of competent jurisdiction. The making of findings, recommendations, or reports by the Commission shall not be a condition precedent to instituting or maintaining any action or proceeding of any kind by a signatory State in any court, or before any tribunal, agency or officer, for the protection of any right under this Compact or for the enforcement of any of its provisions; (9) Secure from the head of any department or agency of the Federal or State government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed; (10) Print or otherwise reproduce and distribute all of its proceedings and reports; and (11) Accept, for the purposes of this Compact, any and all private donations and gifts and Federal grants of money. B. The Commission shall: (1) Cause to be established, maintained and operated such stream, reservoir or other gauging stations as may be necessary for the proper administration of this Compact; (2) Collect, analyze and report on data as to stream flows, water quality, annual yields and such other information as is necessary for the proper administration of this Compact; (3) Continue research for developing methods of determining total basin yields; (4) Perform all other functions required of it by the Compact and do all things necessary, proper or convenient in the performance of its duties thereunder; (5) Establish and maintain the "Arkansas-Oklahoma Arkansas River Compact Fund," consisting of any and all funds received by the Commission under the authority of this Compact and deposited in one or more banks qualifying for the deposit of public funds of the signatory States; (6) Prepare and submit an annual report to the Governor of each signatory State and to the President of the United States covering the activities of the Commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work; (7) Prepare and submit to the Governor of each of the States of Arkansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; and (8) Make available to the Governor or any State agency of either State or to any authorized representative of the United States, upon request, any information within its possession. ARTICLE X A. The provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the States acting through their Commissioners and until such changes are ratified by the legislatures of the respective States and consented to by the Congress of the United States in the same manner as this Compact is required to be ratified to become effective. B. This Compact may be terminated at any time by the appropriate action of the legislature of both signatory States. C. In the event of amendment or termination of the Compact, all rights established under the Compact shall continue unimpaired. ARTICLE XI Nothing in this Compact shall be deemed: A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority in, over and to the waters of the Arkansas River Basin; B. To interfere with or impair the right or power of either signatory State to regulate within its boundaries of appropriation, use and control of waters within that State not inconsistent with its obligations under this Compact. ARTICLE XII If any part or application of this Compact should be declared invalid by a court of competent jurisdiction, all other provisions and application of this Compact shall remain in full force and effect. ARTICLE XIII A. This Compact shall become binding and obligatory when it shall have been ratified by the legislature of each State and consented to by the Congress of the United States, and when the Congressional Act consenting to this Compact includes the consent of Congress to name and join the United States as a party in any litigation in the United States Supreme Court, if the United States is an indispensable party, and if the litigation arises out of this Compact or its application, and if a signatory State is a party thereto. B. The States of Arkansas and Oklahoma mutually agree and consent to be sued in the United States District Court under the provisions of Public Law 87-830 as enacted October 15, 1962, or as may be thereafter amended. C. Notice of ratification by the legislature of each State shall be given by the Governor of that State to the Governor of the other State, and to the President of the United States, and the President is hereby requested to give notice to the Governor of each State of consent by the Congress of the United States. IN WITNESS WHEREOF, the authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited with the Administrator of General Services of the United States, and one of which shall be forwarded to the Governor of each State. Click here to view table. Acts 1971, No. 16, § 1; 1972 (Ex. Sess.), No. 40, § 1; A.S.A. 1947, § 21-2101.

The following interstate Compact between the State of Oklahoma and the State of Arkansas, respecting the waters of the Arkansas River Basin, is hereby approved and ratified.

ARKANSAS RIVER BASIN COMPACT ARKANSAS-OKLAHOMA, 1970

The State of Arkansas and the State of Oklahoma, acting through their duly authorized Compact representatives, S. Keith Jackson of Arkansas, and Glade R. Kirkpatrick of Oklahoma, after negotiations participated in by Trigg Twichell, appointed by the President as the representative of the United States of America, pursuant to and in accordance with the consent to such negotiations granted by an Act of Congress of the United States of America (Public Law 97, 84th Congress, 1st session) approved June 28, 1955, have agreed as follows respecting the waters of the Arkansas River and its tributaries:

ARTICLE I The major purposes of this Compact are: A. To promote interstate comity between the States of Arkansas and Oklahoma; B. To provide for an equitable apportionment of the waters of the Arkansas River between the States of Arkansas and Oklahoma and to promote the orderly development thereof; C. To provide an agency for administering the water apportionment agreed to herein; D. To encourage the maintenance of an active pollution abatement program in each of the two States and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas River Basin; and E. To facilitate the cooperation of the water administration agencies of the States of Arkansas and Oklahoma in the total development and management of the water resources of the Arkansas River Basin.

The major purposes of this Compact are:

A. To promote interstate comity between the States of Arkansas and Oklahoma;

B. To provide for an equitable apportionment of the waters of the Arkansas River between the States of Arkansas and Oklahoma and to promote the orderly development thereof;

C. To provide an agency for administering the water apportionment agreed to herein;

D. To encourage the maintenance of an active pollution abatement program in each of the two States and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas River Basin; and

E. To facilitate the cooperation of the water administration agencies of the States of Arkansas and Oklahoma in the total development and management of the water resources of the Arkansas River Basin.

ARTICLE II As used in this Compact: A. The term "State" means either State signatory hereto and shall be construed to include any person or persons, entity or agency of either State who, by reason of official responsibility or by designation of the Governor of that State, is acting as an official representative of that State. B. The term "Arkansas-Oklahoma Arkansas River Compact Commission," or the term "Commission" means the agency created by this Compact for the administration thereof. C. The term "Arkansas River Basin" means all of the drainage basin of the Arkansas River and its tributaries from a point immediately below the confluence of the Grand-Neosho River with the Arkansas River near Muskogee, Oklahoma, to a point immediately below the confluence of Lee Creek with the Arkansas River near Van Buren, Arkansas, together with the drainage basin of Spavinaw Creek in Arkansas, but excluding that portion of the drainage basin of the Canadian River above Eufaula Dam. D. The term "Spavinaw Creek Sub-basin" means the drainage area of Spavinaw Creek in the State of Arkansas. E. The term "Illinois River Sub-basin" means the drainage area of Illinois River in the State of Arkansas. F. The term "Lee Creek Sub-basin" means the drainage area of Lee Creek in the State of Arkansas and the State of Oklahoma. G. The term "Poteau River Sub-basin" means the drainage area of Poteau River in the State of Arkansas. H. The term "Arkansas River Sub-basin" means all areas of the Arkansas River Basin except the four sub-basins described above. I. The term "water-year" means a twelve-month period beginning on October 1, and ending September 30. J. The term "annual yield" means the computed annual gross runoff from any specified sub-basin which would have passed any certain point on a stream and would have originated within any specified area under natural conditions, without any man-made depletion or accretion during the water year. K. The term "pollution" means contamination or other alterations of the physical, chemical, biological or radiological properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates, or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is discharged harmful, detrimental or injurious to public health, safety, or welfare, or which is harmful, detrimental or injurious to beneficial uses of the water.

As used in this Compact:

A. The term "State" means either State signatory hereto and shall be construed to include any person or persons, entity or agency of either State who, by reason of official responsibility or by designation of the Governor of that State, is acting as an official representative of that State.

B. The term "Arkansas-Oklahoma Arkansas River Compact Commission," or the term "Commission" means the agency created by this Compact for the administration thereof.

C. The term "Arkansas River Basin" means all of the drainage basin of the Arkansas River and its tributaries from a point immediately below the confluence of the Grand-Neosho River with the Arkansas River near Muskogee, Oklahoma, to a point immediately below the confluence of Lee Creek with the Arkansas River near Van Buren, Arkansas, together with the drainage basin of Spavinaw Creek in Arkansas, but excluding that portion of the drainage basin of the Canadian River above Eufaula Dam.

D. The term "Spavinaw Creek Sub-basin" means the drainage area of Spavinaw Creek in the State of Arkansas.

E. The term "Illinois River Sub-basin" means the drainage area of Illinois River in the State of Arkansas.

F. The term "Lee Creek Sub-basin" means the drainage area of Lee Creek in the State of Arkansas and the State of Oklahoma.

G. The term "Poteau River Sub-basin" means the drainage area of Poteau River in the State of Arkansas.

H. The term "Arkansas River Sub-basin" means all areas of the Arkansas River Basin except the four sub-basins described above.

I. The term "water-year" means a twelve-month period beginning on October 1, and ending September 30.

J. The term "annual yield" means the computed annual gross runoff from any specified sub-basin which would have passed any certain point on a stream and would have originated within any specified area under natural conditions, without any man-made depletion or accretion during the water year.

K. The term "pollution" means contamination or other alterations of the physical, chemical, biological or radiological properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates, or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is discharged harmful, detrimental or injurious to public health, safety, or welfare, or which is harmful, detrimental or injurious to beneficial uses of the water.

ARTICLE III A. The physical and other conditions peculiar to the Arkansas River Basin constitute the basis of this Compact, and neither of the States hereby, nor the Congress of the United States by its consent hereto, concedes that this Compact established any general principle with respect to any other interstate stream. B. By this Compact, neither State signatory hereto is relinquishing any interest or right it may have with respect to any waters flowing between them which do not originate in the Arkansas River Basin as defined by this Compact.

A. The physical and other conditions peculiar to the Arkansas River Basin constitute the basis of this Compact, and neither of the States hereby, nor the Congress of the United States by its consent hereto, concedes that this Compact established any general principle with respect to any other interstate stream.

B. By this Compact, neither State signatory hereto is relinquishing any interest or right it may have with respect to any waters flowing between them which do not originate in the Arkansas River Basin as defined by this Compact.

ARTICLE IV The States of Arkansas and Oklahoma hereby agree upon the following apportionment of the waters of the Arkansas River Basin: A. The State of Arkansas shall have the right to develop and use the waters of the Spavinaw Creek Sub-basin subject to the limitation that the annual yield shall not be depleted by more than fifty percent (50%). B. The State of Arkansas shall have the right to develop and use the waters of the Illinois River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). C. The State of Arkansas shall have the right to develop and use all waters originating within the Lee Creek Sub-basin in the State of Arkansas, or the equivalent thereof. D. The State of Oklahoma shall have the right to develop and use all waters originating within the Lee Creek Sub-basin in the State of Oklahoma, or the equivalent thereof. E. The State of Arkansas shall have the right to develop and use the waters of the Poteau River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). F. The State of Oklahoma shall have the right to develop and use the waters of the Arkansas River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%).

The States of Arkansas and Oklahoma hereby agree upon the following apportionment of the waters of the Arkansas River Basin:

A. The State of Arkansas shall have the right to develop and use the waters of the Spavinaw Creek Sub-basin subject to the limitation that the annual yield shall not be depleted by more than fifty percent (50%).

B. The State of Arkansas shall have the right to develop and use the waters of the Illinois River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%).

C. The State of Arkansas shall have the right to develop and use all waters originating within the Lee Creek Sub-basin in the State of Arkansas, or the equivalent thereof.

D. The State of Oklahoma shall have the right to develop and use all waters originating within the Lee Creek Sub-basin in the State of Oklahoma, or the equivalent thereof.

E. The State of Arkansas shall have the right to develop and use the waters of the Poteau River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%).

F. The State of Oklahoma shall have the right to develop and use the waters of the Arkansas River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%).

ARTICLE V A. On or before December 31 of each year, following the effective date of this Compact, the Commission shall determine the stateline yields of the Arkansas River Basin for the previous water year. B. Any depletion of annual yield in excess of that allowed by the provisions of this Compact shall, subject to the control of the Commission, be delivered to the downstream State, and said delivery shall consist of not less than sixty percent (60%) of the current runoff of the basin. C. Methods for determining the annual yield of each of the sub-basins shall be those developed and approved by the Commission.

A. On or before December 31 of each year, following the effective date of this Compact, the Commission shall determine the stateline yields of the Arkansas River Basin for the previous water year.

B. Any depletion of annual yield in excess of that allowed by the provisions of this Compact shall, subject to the control of the Commission, be delivered to the downstream State, and said delivery shall consist of not less than sixty percent (60%) of the current runoff of the basin.

C. Methods for determining the annual yield of each of the sub-basins shall be those developed and approved by the Commission.

ARTICLE VI A. Each State may construct, own, and operate for its needs water storage reservoirs in the other State, provided, however, that nothing contained in this Compact or its ratification by Arkansas or Oklahoma shall be interpreted as granting either state or the parties hereto, the right or power of eminent domain in any manner, whatsoever, outside the borders of its own state. B. Depletion in annual yield of any sub-basin of the Arkansas River Basin caused by the operation of any water storage reservoir either heretofore or hereafter constructed by the United States or any of its agencies, instrumentalities or wards, or by a State, political subdivision thereof, or any person or persons shall be charged against the State in which the yield therefrom is utilized. C. Each State shall have the free and unrestricted right to utilize the natural channel of any stream within the Arkansas River Basin for conveyance through the other State of waters released from any water storage reservoir for an intended downstream point of diversion or use without loss of ownership of such waters; provided, however, that a reduction shall be made in the amount of water which can be withdrawn at point of removal, equal to the transmission losses.

A. Each State may construct, own, and operate for its needs water storage reservoirs in the other State, provided, however, that nothing contained in this Compact or its ratification by Arkansas or Oklahoma shall be interpreted as granting either state or the parties hereto, the right or power of eminent domain in any manner, whatsoever, outside the borders of its own state.

B. Depletion in annual yield of any sub-basin of the Arkansas River Basin caused by the operation of any water storage reservoir either heretofore or hereafter constructed by the United States or any of its agencies, instrumentalities or wards, or by a State, political subdivision thereof, or any person or persons shall be charged against the State in which the yield therefrom is utilized.

C. Each State shall have the free and unrestricted right to utilize the natural channel of any stream within the Arkansas River Basin for conveyance through the other State of waters released from any water storage reservoir for an intended downstream point of diversion or use without loss of ownership of such waters; provided, however, that a reduction shall be made in the amount of water which can be withdrawn at point of removal, equal to the transmission losses.

ARTICLE VII The States of Arkansas and Oklahoma mutually agree to: A. The principle of individual State effort to abate man-made pollution within each State's respective borders, and the continuing support of both States in an active pollution abatement program; B. The cooperation of the appropriate State agencies in the States of Arkansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas River Basin; C. Enter into joint programs for the identification and control of sources of pollution of the waters of the Arkansas River and its tributaries which are of interstate significance; D. The principle that neither State may require the other to provide water for the purpose of water quality control as a substitute for adequate waste treatment; E. Utilize the provisions of all Federal and State water pollution laws and to recognize such water quality standards as may be now or hereafter established under the Federal Water Pollution Control Act in the resolution of any pollution problems affecting the waters of the Arkansas River Basin.

The States of Arkansas and Oklahoma mutually agree to:

A. The principle of individual State effort to abate man-made pollution within each State's respective borders, and the continuing support of both States in an active pollution abatement program;

B. The cooperation of the appropriate State agencies in the States of Arkansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas River Basin;

C. Enter into joint programs for the identification and control of sources of pollution of the waters of the Arkansas River and its tributaries which are of interstate significance;

D. The principle that neither State may require the other to provide water for the purpose of water quality control as a substitute for adequate waste treatment;

E. Utilize the provisions of all Federal and State water pollution laws and to recognize such water quality standards as may be now or hereafter established under the Federal Water Pollution Control Act in the resolution of any pollution problems affecting the waters of the Arkansas River Basin.

ARTICLE VIII A. There is hereby created an interstate administrative agency to be known as the "Arkansas-Oklahoma Arkansas River Compact Commission." The commission shall be composed of three Commissioners representing the State of Arkansas and three Commissioners representing the State of Oklahoma, selected as provided below; and, if designated by the President or an authorized Federal agency, one Commissioner representing the United States. The President, or the Federal agency authorized to make such appointments, is hereby requested to designate a Commissioner and an alternate representing the United States. The Federal Commissioner, if one be designated, shall be the Chairman and presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. B. One Arkansas Commissioner shall be the Director of the Arkansas Soil and Water Conservation Commission, or such other agency as may be hereafter responsible for administering water law in the State. The other two Commissioners shall reside in the Arkansas River drainage area in the State of Arkansas and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively. C. One Oklahoma Commissioner shall be the Director of the Oklahoma Water Resources Board, or such other agency as may be hereafter responsible for administering water law in the State. The other two commissioners shall reside within the Arkansas River drainage area in the State of Oklahoma and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms, with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively. D. A majority of the Commissioners of each State and the Commissioner or his alternate representing the United States, if they are so designated, must be present to constitute a quorum. In taking any Commission action, each signatory State shall have a single vote representing the majority opinion of the Commissioners of that State. E. In the case of a tie vote on any of the Commission's determinations, order, or other actions, a majority of the Commissioners of either State may, upon written request to the Chairman, submit the question to arbitration. Arbitration shall not be compulsory, but on the event of arbitration, there shall be three arbitrators: (1) One named by resolution duly adopted by the Arkansas Soil and Water Conservation Commission, or such other state agency as may be hereafter responsible for administering water law in the State of Arkansas; and (2) One named by resolution duly adopted by the Oklahoma Water Resources Board, or such other State agency as may be hereafter responsible for administering water law in the State of Oklahoma; and (3) The third chosen by the two arbitrators who are selected as provided above. If the arbitrators fail to select a third within sixty (60) days following their selection, then he shall be chosen by the Chairman of the Commission. F. The salaries and personal expenses of each Commissioner shall be paid by the Government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact shall be borne equally by the two States and shall be paid by the Commission out of the "Arkansas-Oklahoma Arkansas River Compact Fund," initiated and maintained as provided in Article IX (B)(5) below. The States hereby mutually agree to appropriate sums sufficient to cover its share of the expenses incurred in the administration of this Compact, to be paid into said fund. Disbursements shall be made from said fund in such manner as may be authorized by the Commission. Such funds shall not be subject to the audit and accounting procedures of the States; however, all receipts and disbursements of funds handled by the Commission shall be audited by a qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the Commission, provided by Article IX (B)(6) below. The Commission shall not pledge the credit of either State and shall not incur any obligations prior to the availability of funds adequate to meet the same.

A. There is hereby created an interstate administrative agency to be known as the "Arkansas-Oklahoma Arkansas River Compact Commission." The commission shall be composed of three Commissioners representing the State of Arkansas and three Commissioners representing the State of Oklahoma, selected as provided below; and, if designated by the President or an authorized Federal agency, one Commissioner representing the United States. The President, or the Federal agency authorized to make such appointments, is hereby requested to designate a Commissioner and an alternate representing the United States. The Federal Commissioner, if one be designated, shall be the Chairman and presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission.

B. One Arkansas Commissioner shall be the Director of the Arkansas Soil and Water Conservation Commission, or such other agency as may be hereafter responsible for administering water law in the State. The other two Commissioners shall reside in the Arkansas River drainage area in the State of Arkansas and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively.

C. One Oklahoma Commissioner shall be the Director of the Oklahoma Water Resources Board, or such other agency as may be hereafter responsible for administering water law in the State. The other two commissioners shall reside within the Arkansas River drainage area in the State of Oklahoma and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms, with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively.

D. A majority of the Commissioners of each State and the Commissioner or his alternate representing the United States, if they are so designated, must be present to constitute a quorum. In taking any Commission action, each signatory State shall have a single vote representing the majority opinion of the Commissioners of that State.

E. In the case of a tie vote on any of the Commission's determinations, order, or other actions, a majority of the Commissioners of either State may, upon written request to the Chairman, submit the question to arbitration. Arbitration shall not be compulsory, but on the event of arbitration, there shall be three arbitrators: (1) One named by resolution duly adopted by the Arkansas Soil and Water Conservation Commission, or such other state agency as may be hereafter responsible for administering water law in the State of Arkansas; and (2) One named by resolution duly adopted by the Oklahoma Water Resources Board, or such other State agency as may be hereafter responsible for administering water law in the State of Oklahoma; and (3) The third chosen by the two arbitrators who are selected as provided above. If the arbitrators fail to select a third within sixty (60) days following their selection, then he shall be chosen by the Chairman of the Commission.

(1) One named by resolution duly adopted by the Arkansas Soil and Water Conservation Commission, or such other state agency as may be hereafter responsible for administering water law in the State of Arkansas; and

(2) One named by resolution duly adopted by the Oklahoma Water Resources Board, or such other State agency as may be hereafter responsible for administering water law in the State of Oklahoma; and

(3) The third chosen by the two arbitrators who are selected as provided above. If the arbitrators fail to select a third within sixty (60) days following their selection, then he shall be chosen by the Chairman of the Commission.

If the arbitrators fail to select a third within sixty (60) days following their selection, then he shall be chosen by the Chairman of the Commission.

F. The salaries and personal expenses of each Commissioner shall be paid by the Government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact shall be borne equally by the two States and shall be paid by the Commission out of the "Arkansas-Oklahoma Arkansas River Compact Fund," initiated and maintained as provided in Article IX (B)(5) below. The States hereby mutually agree to appropriate sums sufficient to cover its share of the expenses incurred in the administration of this Compact, to be paid into said fund. Disbursements shall be made from said fund in such manner as may be authorized by the Commission. Such funds shall not be subject to the audit and accounting procedures of the States; however, all receipts and disbursements of funds handled by the Commission shall be audited by a qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the Commission, provided by Article IX (B)(6) below. The Commission shall not pledge the credit of either State and shall not incur any obligations prior to the availability of funds adequate to meet the same.

ARTICLE IX A. The Commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under this Compact; (2) Enter into contracts with appropriate State or Federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports; (3) Establish and maintain an office for the conduct of its affairs; (4) Adopt and procure a seal for its official use; (5) Adopt rules and regulations governing its operations. The procedures employed for the administration of this Compact shall not be subject to any Administrative Procedures Act of either State, but shall be subject to the provisions hereof and to the rules and regulations of the Commission; provided, however, all rules and regulations of the Commission shall be filed with the Secretary of State of the signatory States; (6) Cooperate with Federal and State agencies and political subdivisions of the signatory States in developing principles, consistent with the provisions of this Compact and with Federal and State policy, for the storage and release of water from reservoirs, both existing and future within the Arkansas River Basin, for the purpose of assuring their operation in the best interests of the States and the United States; (7) Hold hearings and compel the attendance of witnesses for the purpose of taking testimony and receiving other appropriate and proper evidence and issuing such appropriate orders as it deems necessary for the proper administration of this Compact, which orders shall be enforceable upon the request by the Commission or any other interested party in any court of competent jurisdiction within the county wherein the subject matter to which the order relates is in existence, subject to the right of review through the appellate courts of the State of situs. Any hearing held for the promulgation and issuance of orders shall be in the county and State of the subject matter of said hearing; (8) Make and file official certified copies of any of its findings, recommendations or reports with such officers or agencies of either State, or the United States, as may have any interest in or jurisdiction over the subject matter. Findings of fact made by the Commission shall be admissible in evidence and shall constitute prima facie evidence of such fact in any court or before any agency of competent jurisdiction. The making of findings, recommendations, or reports by the Commission shall not be a condition precedent to instituting or maintaining any action or proceeding of any kind by a signatory State in any court, or before any tribunal, agency or officer, for the protection of any right under this Compact or for the enforcement of any of its provisions; (9) Secure from the head of any department or agency of the Federal or State government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed; (10) Print or otherwise reproduce and distribute all of its proceedings and reports; and (11) Accept, for the purposes of this Compact, any and all private donations and gifts and Federal grants of money. B. The Commission shall: (1) Cause to be established, maintained and operated such stream, reservoir or other gauging stations as may be necessary for the proper administration of this Compact; (2) Collect, analyze and report on data as to stream flows, water quality, annual yields and such other information as is necessary for the proper administration of this Compact; (3) Continue research for developing methods of determining total basin yields; (4) Perform all other functions required of it by the Compact and do all things necessary, proper or convenient in the performance of its duties thereunder; (5) Establish and maintain the "Arkansas-Oklahoma Arkansas River Compact Fund," consisting of any and all funds received by the Commission under the authority of this Compact and deposited in one or more banks qualifying for the deposit of public funds of the signatory States; (6) Prepare and submit an annual report to the Governor of each signatory State and to the President of the United States covering the activities of the Commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work; (7) Prepare and submit to the Governor of each of the States of Arkansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; and (8) Make available to the Governor or any State agency of either State or to any authorized representative of the United States, upon request, any information within its possession.

A. The Commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under this Compact; (2) Enter into contracts with appropriate State or Federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports; (3) Establish and maintain an office for the conduct of its affairs; (4) Adopt and procure a seal for its official use; (5) Adopt rules and regulations governing its operations. The procedures employed for the administration of this Compact shall not be subject to any Administrative Procedures Act of either State, but shall be subject to the provisions hereof and to the rules and regulations of the Commission; provided, however, all rules and regulations of the Commission shall be filed with the Secretary of State of the signatory States; (6) Cooperate with Federal and State agencies and political subdivisions of the signatory States in developing principles, consistent with the provisions of this Compact and with Federal and State policy, for the storage and release of water from reservoirs, both existing and future within the Arkansas River Basin, for the purpose of assuring their operation in the best interests of the States and the United States; (7) Hold hearings and compel the attendance of witnesses for the purpose of taking testimony and receiving other appropriate and proper evidence and issuing such appropriate orders as it deems necessary for the proper administration of this Compact, which orders shall be enforceable upon the request by the Commission or any other interested party in any court of competent jurisdiction within the county wherein the subject matter to which the order relates is in existence, subject to the right of review through the appellate courts of the State of situs. Any hearing held for the promulgation and issuance of orders shall be in the county and State of the subject matter of said hearing; (8) Make and file official certified copies of any of its findings, recommendations or reports with such officers or agencies of either State, or the United States, as may have any interest in or jurisdiction over the subject matter. Findings of fact made by the Commission shall be admissible in evidence and shall constitute prima facie evidence of such fact in any court or before any agency of competent jurisdiction. The making of findings, recommendations, or reports by the Commission shall not be a condition precedent to instituting or maintaining any action or proceeding of any kind by a signatory State in any court, or before any tribunal, agency or officer, for the protection of any right under this Compact or for the enforcement of any of its provisions; (9) Secure from the head of any department or agency of the Federal or State government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed; (10) Print or otherwise reproduce and distribute all of its proceedings and reports; and (11) Accept, for the purposes of this Compact, any and all private donations and gifts and Federal grants of money.

(1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under this Compact;

(2) Enter into contracts with appropriate State or Federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports;

(3) Establish and maintain an office for the conduct of its affairs;

(4) Adopt and procure a seal for its official use;

(5) Adopt rules and regulations governing its operations. The procedures employed for the administration of this Compact shall not be subject to any Administrative Procedures Act of either State, but shall be subject to the provisions hereof and to the rules and regulations of the Commission; provided, however, all rules and regulations of the Commission shall be filed with the Secretary of State of the signatory States;

(6) Cooperate with Federal and State agencies and political subdivisions of the signatory States in developing principles, consistent with the provisions of this Compact and with Federal and State policy, for the storage and release of water from reservoirs, both existing and future within the Arkansas River Basin, for the purpose of assuring their operation in the best interests of the States and the United States;

(7) Hold hearings and compel the attendance of witnesses for the purpose of taking testimony and receiving other appropriate and proper evidence and issuing such appropriate orders as it deems necessary for the proper administration of this Compact, which orders shall be enforceable upon the request by the Commission or any other interested party in any court of competent jurisdiction within the county wherein the subject matter to which the order relates is in existence, subject to the right of review through the appellate courts of the State of situs. Any hearing held for the promulgation and issuance of orders shall be in the county and State of the subject matter of said hearing;

(8) Make and file official certified copies of any of its findings, recommendations or reports with such officers or agencies of either State, or the United States, as may have any interest in or jurisdiction over the subject matter. Findings of fact made by the Commission shall be admissible in evidence and shall constitute prima facie evidence of such fact in any court or before any agency of competent jurisdiction. The making of findings, recommendations, or reports by the Commission shall not be a condition precedent to instituting or maintaining any action or proceeding of any kind by a signatory State in any court, or before any tribunal, agency or officer, for the protection of any right under this Compact or for the enforcement of any of its provisions;

(9) Secure from the head of any department or agency of the Federal or State government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed;

(10) Print or otherwise reproduce and distribute all of its proceedings and reports; and

(11) Accept, for the purposes of this Compact, any and all private donations and gifts and Federal grants of money.

B. The Commission shall: (1) Cause to be established, maintained and operated such stream, reservoir or other gauging stations as may be necessary for the proper administration of this Compact; (2) Collect, analyze and report on data as to stream flows, water quality, annual yields and such other information as is necessary for the proper administration of this Compact; (3) Continue research for developing methods of determining total basin yields; (4) Perform all other functions required of it by the Compact and do all things necessary, proper or convenient in the performance of its duties thereunder; (5) Establish and maintain the "Arkansas-Oklahoma Arkansas River Compact Fund," consisting of any and all funds received by the Commission under the authority of this Compact and deposited in one or more banks qualifying for the deposit of public funds of the signatory States; (6) Prepare and submit an annual report to the Governor of each signatory State and to the President of the United States covering the activities of the Commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work; (7) Prepare and submit to the Governor of each of the States of Arkansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; and (8) Make available to the Governor or any State agency of either State or to any authorized representative of the United States, upon request, any information within its possession.

(1) Cause to be established, maintained and operated such stream, reservoir or other gauging stations as may be necessary for the proper administration of this Compact;

(2) Collect, analyze and report on data as to stream flows, water quality, annual yields and such other information as is necessary for the proper administration of this Compact;

(3) Continue research for developing methods of determining total basin yields;

(4) Perform all other functions required of it by the Compact and do all things necessary, proper or convenient in the performance of its duties thereunder;

(5) Establish and maintain the "Arkansas-Oklahoma Arkansas River Compact Fund," consisting of any and all funds received by the Commission under the authority of this Compact and deposited in one or more banks qualifying for the deposit of public funds of the signatory States;

(6) Prepare and submit an annual report to the Governor of each signatory State and to the President of the United States covering the activities of the Commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work;

(7) Prepare and submit to the Governor of each of the States of Arkansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; and

(8) Make available to the Governor or any State agency of either State or to any authorized representative of the United States, upon request, any information within its possession.

ARTICLE X A. The provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the States acting through their Commissioners and until such changes are ratified by the legislatures of the respective States and consented to by the Congress of the United States in the same manner as this Compact is required to be ratified to become effective. B. This Compact may be terminated at any time by the appropriate action of the legislature of both signatory States. C. In the event of amendment or termination of the Compact, all rights established under the Compact shall continue unimpaired.

A. The provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the States acting through their Commissioners and until such changes are ratified by the legislatures of the respective States and consented to by the Congress of the United States in the same manner as this Compact is required to be ratified to become effective.

B. This Compact may be terminated at any time by the appropriate action of the legislature of both signatory States.

C. In the event of amendment or termination of the Compact, all rights established under the Compact shall continue unimpaired.

ARTICLE XI Nothing in this Compact shall be deemed: A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority in, over and to the waters of the Arkansas River Basin; B. To interfere with or impair the right or power of either signatory State to regulate within its boundaries of appropriation, use and control of waters within that State not inconsistent with its obligations under this Compact.

Nothing in this Compact shall be deemed:

A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority in, over and to the waters of the Arkansas River Basin;

B. To interfere with or impair the right or power of either signatory State to regulate within its boundaries of appropriation, use and control of waters within that State not inconsistent with its obligations under this Compact.

ARTICLE XII If any part or application of this Compact should be declared invalid by a court of competent jurisdiction, all other provisions and application of this Compact shall remain in full force and effect.

If any part or application of this Compact should be declared invalid by a court of competent jurisdiction, all other provisions and application of this Compact shall remain in full force and effect.

ARTICLE XIII A. This Compact shall become binding and obligatory when it shall have been ratified by the legislature of each State and consented to by the Congress of the United States, and when the Congressional Act consenting to this Compact includes the consent of Congress to name and join the United States as a party in any litigation in the United States Supreme Court, if the United States is an indispensable party, and if the litigation arises out of this Compact or its application, and if a signatory State is a party thereto. B. The States of Arkansas and Oklahoma mutually agree and consent to be sued in the United States District Court under the provisions of Public Law 87-830 as enacted October 15, 1962, or as may be thereafter amended. C. Notice of ratification by the legislature of each State shall be given by the Governor of that State to the Governor of the other State, and to the President of the United States, and the President is hereby requested to give notice to the Governor of each State of consent by the Congress of the United States. IN WITNESS WHEREOF, the authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited with the Administrator of General Services of the United States, and one of which shall be forwarded to the Governor of each State. Click here to view table.

A. This Compact shall become binding and obligatory when it shall have been ratified by the legislature of each State and consented to by the Congress of the United States, and when the Congressional Act consenting to this Compact includes the consent of Congress to name and join the United States as a party in any litigation in the United States Supreme Court, if the United States is an indispensable party, and if the litigation arises out of this Compact or its application, and if a signatory State is a party thereto.

B. The States of Arkansas and Oklahoma mutually agree and consent to be sued in the United States District Court under the provisions of Public Law 87-830 as enacted October 15, 1962, or as may be thereafter amended.

C. Notice of ratification by the legislature of each State shall be given by the Governor of that State to the Governor of the other State, and to the President of the United States, and the President is hereby requested to give notice to the Governor of each State of consent by the Congress of the United States. IN WITNESS WHEREOF, the authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited with the Administrator of General Services of the United States, and one of which shall be forwarded to the Governor of each State. Click here to view table.

IN WITNESS WHEREOF, the authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited with the Administrator of General Services of the United States, and one of which shall be forwarded to the Governor of each State.

Click here to view table.

Acts 1971, No. 16, § 1; 1972 (Ex. Sess.), No. 40, § 1; A.S.A. 1947, § 21-2101.

23_401_1 - Attachment
Ark. Code Ann. § 15-5-604 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-604
Filing by issuer of reservation of volume cap and notice of issuance of bonds
Status: in_force

(a) In order to reserve an allocation of the state ceiling to an issue of affected bonds prior to the issuance by delivery and payment of those affected bonds, a reservation filing by or on behalf of the issuer must be made with the President of the Arkansas Development Finance Authority not more than sixty (60) days prior to the projected issuance date of the affected bonds. Each reservation filing shall be assigned a priority number in accordance with § 15-5-607 . (b) (1) Once accepted as a reservation of volume cap by the president pursuant to the rules of the authority, a reservation filing shall be effective to allocate state volume cap for purposes of compliance with federal tax law, subject only to the timely issuance of the affected bonds. (2) The affected bonds shall be issued by delivery and payment within sixty (60) days after the date that the reservation filing is accepted as effective to allocate volume cap, unless: (A) The deadline is extended pursuant to subsection (e) of this section; (B) The reservation is accepted as effective to allocate volume cap on or after November 1, by December 31 of the applicable calendar year; or (C) The issuer is granted permission by the president to carry forward the allocation pursuant to § 15-5-606 . (c) The issuance of the affected bonds shall be evidenced by the filing of a notice of issuance with the president. However, the failure to file such notice of issuance shall not affect the allocation of volume cap to affected bonds that have been otherwise timely issued pursuant to subsection (b) of this section. (d) (1) For reservation filings received by the president prior to September 1 of each calendar year, volume cap shall be reserved and allocated based on the priority number assigned in accordance with subsection (a) of this section. (2) For reservation filings made on or after September 1 of each calendar year, or for reservation filings made once a volume cap shortage has been declared in accordance with the rules of the authority, volume cap shall be reserved and allocated in accordance with the rules of the authority. (3) The authority shall promulgate rules to provide for the declaring of a volume cap shortage and to reserve and allocate volume cap in cases of a shortage declaration in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) (1) In the event that an allocation expires by reason of failure to issue the affected bonds within the applicable period stated in subsection (b) of this section, a new filing shall be made that shall be accorded priority in accordance with its new time of filing. (2) (A) The president may extend the applicable period for issuing the affected bonds by up to sixty (60) days in accordance with the rules promulgated by the authority. (B) The rules may provide for the payment by the issuer of a fee to extend the issuance period and may provide for the filing of an explanatory statement as to the reasons the affected bonds were not issued during the original applicable period. (C) The authority shall promulgate rules to provide for extending the applicable period for issuing the affected bonds in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1082, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1081, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1080, eff. 7/24/2019. Acts 1987, No. 900, § 8; 2001, No. 1044, § 3; 2007, No. 141, § 1.

(a) In order to reserve an allocation of the state ceiling to an issue of affected bonds prior to the issuance by delivery and payment of those affected bonds, a reservation filing by or on behalf of the issuer must be made with the President of the Arkansas Development Finance Authority not more than sixty (60) days prior to the projected issuance date of the affected bonds. Each reservation filing shall be assigned a priority number in accordance with § 15-5-607 .

(b) (1) Once accepted as a reservation of volume cap by the president pursuant to the rules of the authority, a reservation filing shall be effective to allocate state volume cap for purposes of compliance with federal tax law, subject only to the timely issuance of the affected bonds. (2) The affected bonds shall be issued by delivery and payment within sixty (60) days after the date that the reservation filing is accepted as effective to allocate volume cap, unless: (A) The deadline is extended pursuant to subsection (e) of this section; (B) The reservation is accepted as effective to allocate volume cap on or after November 1, by December 31 of the applicable calendar year; or (C) The issuer is granted permission by the president to carry forward the allocation pursuant to § 15-5-606 .

(1) Once accepted as a reservation of volume cap by the president pursuant to the rules of the authority, a reservation filing shall be effective to allocate state volume cap for purposes of compliance with federal tax law, subject only to the timely issuance of the affected bonds.

(2) The affected bonds shall be issued by delivery and payment within sixty (60) days after the date that the reservation filing is accepted as effective to allocate volume cap, unless: (A) The deadline is extended pursuant to subsection (e) of this section; (B) The reservation is accepted as effective to allocate volume cap on or after November 1, by December 31 of the applicable calendar year; or (C) The issuer is granted permission by the president to carry forward the allocation pursuant to § 15-5-606 .

(A) The deadline is extended pursuant to subsection (e) of this section;

(B) The reservation is accepted as effective to allocate volume cap on or after November 1, by December 31 of the applicable calendar year; or

(C) The issuer is granted permission by the president to carry forward the allocation pursuant to § 15-5-606 .

(c) The issuance of the affected bonds shall be evidenced by the filing of a notice of issuance with the president. However, the failure to file such notice of issuance shall not affect the allocation of volume cap to affected bonds that have been otherwise timely issued pursuant to subsection (b) of this section.

(d) (1) For reservation filings received by the president prior to September 1 of each calendar year, volume cap shall be reserved and allocated based on the priority number assigned in accordance with subsection (a) of this section. (2) For reservation filings made on or after September 1 of each calendar year, or for reservation filings made once a volume cap shortage has been declared in accordance with the rules of the authority, volume cap shall be reserved and allocated in accordance with the rules of the authority. (3) The authority shall promulgate rules to provide for the declaring of a volume cap shortage and to reserve and allocate volume cap in cases of a shortage declaration in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) For reservation filings received by the president prior to September 1 of each calendar year, volume cap shall be reserved and allocated based on the priority number assigned in accordance with subsection (a) of this section.

(2) For reservation filings made on or after September 1 of each calendar year, or for reservation filings made once a volume cap shortage has been declared in accordance with the rules of the authority, volume cap shall be reserved and allocated in accordance with the rules of the authority.

(3) The authority shall promulgate rules to provide for the declaring of a volume cap shortage and to reserve and allocate volume cap in cases of a shortage declaration in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) (1) In the event that an allocation expires by reason of failure to issue the affected bonds within the applicable period stated in subsection (b) of this section, a new filing shall be made that shall be accorded priority in accordance with its new time of filing. (2) (A) The president may extend the applicable period for issuing the affected bonds by up to sixty (60) days in accordance with the rules promulgated by the authority. (B) The rules may provide for the payment by the issuer of a fee to extend the issuance period and may provide for the filing of an explanatory statement as to the reasons the affected bonds were not issued during the original applicable period. (C) The authority shall promulgate rules to provide for extending the applicable period for issuing the affected bonds in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) In the event that an allocation expires by reason of failure to issue the affected bonds within the applicable period stated in subsection (b) of this section, a new filing shall be made that shall be accorded priority in accordance with its new time of filing.

(2) (A) The president may extend the applicable period for issuing the affected bonds by up to sixty (60) days in accordance with the rules promulgated by the authority. (B) The rules may provide for the payment by the issuer of a fee to extend the issuance period and may provide for the filing of an explanatory statement as to the reasons the affected bonds were not issued during the original applicable period. (C) The authority shall promulgate rules to provide for extending the applicable period for issuing the affected bonds in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The president may extend the applicable period for issuing the affected bonds by up to sixty (60) days in accordance with the rules promulgated by the authority.

(B) The rules may provide for the payment by the issuer of a fee to extend the issuance period and may provide for the filing of an explanatory statement as to the reasons the affected bonds were not issued during the original applicable period.

(C) The authority shall promulgate rules to provide for extending the applicable period for issuing the affected bonds in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1082, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1081, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1080, eff. 7/24/2019.

Acts 1987, No. 900, § 8; 2001, No. 1044, § 3; 2007, No. 141, § 1.
Ark. Code Ann. § 15-4-3501 — AR Code / Title 15 / Chapter 4 / Subchapter 35 / Section 15-4-3501
Increased tax refund for major maintenance and improvement projects
Status: in_force

(a) A taxpayer that is eligible for a refund of excise taxes under § 26-52-447 or § 26-53-149 is eligible for a refund of one hundred percent (100%) of the sales and use taxes levied in §§ 26-52-301 , 26-52-302 , 26-53-106 , and 26-53-107 on the tangible personal property and services subject to §§ 26-52-447 and 26-53-149 for projects that meet the following requirements: (1) The taxpayer has entered into a financial incentive agreement with the Arkansas Economic Development Commission for the project; and (2) The taxpayer expends at least three million dollars ($3,000,000) on an approved project that includes the purchase of tangible personal property and services that are either exempt or subject to a partial refund of tax under § 26-52-402 , § 26-52-447 , § 26-53-114 , or § 26-53-149 . (b) A taxpayer shall file with the commission an application for the increased refund for major maintenance and improvement projects provided in this section. (c) The increased refund of sales and use taxes for major maintenance and improvement projects provided in this section is a discretionary incentive and is not available unless offered by the Director of the Arkansas Economic Development Commission. (d) The director shall forward the taxpayer's application, financial incentive agreement, any other pertinent documentation, and a written copy of the determination under this subsection to the Secretary of the Department of Finance and Administration if the director: (1) Determines that the taxpayer is eligible for the increased refund for major maintenance and improvement projects provided for in this section; (2) Determines that the taxpayer has provided reasonable proof that there will be a positive return on the taxpayer's investment in the major maintenance and improvement project that is sufficient to offset the taxes refunded under this section; (3) Determines that the taxpayer has provided a defined scope, beginning date, and ending date for the major maintenance and improvement project; (4) Determines that the refund is reasonably necessary for the taxpayer to remain competitive and preserve Arkansas jobs; and (5) Agrees to provide the incentive under this section. (e) A taxpayer that has been approved for the increased refund for major maintenance and improvement projects provided for in this section may make changes in a major maintenance and improvement project by written amendment to the project plan filed with the commission as part of the financial incentive agreement required under this section. (f) Except as otherwise provided in this section, a refund under this section is subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq., and the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., in the same manner as other refunds permitted under § 26-18-507 . (g) An expenditure shall not qualify for both the increased refund for major maintenance and improvement projects under this section and the retention tax credit provided for in § 15-4-2706(c) . (h) The director and the secretary may promulgate rules necessary to implement this section. (i) (1) A taxpayer may apply for an increased refund for major maintenance and improvement projects under this section through June 30, 2022. (2) An application for an increased refund for major maintenance and improvement projects under this section shall not be accepted on or after July 1, 2022. Amended by Act 2021, No. 593,§ 2, eff. 1/1/2023. Amended by Act 2019, No. 910,§ 428, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 427, eff. 7/1/2019. Amended by Act 2017, No. 465,§ 2, eff. 3/13/2017. Added by Act 2013, No. 1404,§ 3, eff. 7/1/2014.

(a) A taxpayer that is eligible for a refund of excise taxes under § 26-52-447 or § 26-53-149 is eligible for a refund of one hundred percent (100%) of the sales and use taxes levied in §§ 26-52-301 , 26-52-302 , 26-53-106 , and 26-53-107 on the tangible personal property and services subject to §§ 26-52-447 and 26-53-149 for projects that meet the following requirements: (1) The taxpayer has entered into a financial incentive agreement with the Arkansas Economic Development Commission for the project; and (2) The taxpayer expends at least three million dollars ($3,000,000) on an approved project that includes the purchase of tangible personal property and services that are either exempt or subject to a partial refund of tax under § 26-52-402 , § 26-52-447 , § 26-53-114 , or § 26-53-149 .

(1) The taxpayer has entered into a financial incentive agreement with the Arkansas Economic Development Commission for the project; and

(2) The taxpayer expends at least three million dollars ($3,000,000) on an approved project that includes the purchase of tangible personal property and services that are either exempt or subject to a partial refund of tax under § 26-52-402 , § 26-52-447 , § 26-53-114 , or § 26-53-149 .

(b) A taxpayer shall file with the commission an application for the increased refund for major maintenance and improvement projects provided in this section.

(c) The increased refund of sales and use taxes for major maintenance and improvement projects provided in this section is a discretionary incentive and is not available unless offered by the Director of the Arkansas Economic Development Commission.

(d) The director shall forward the taxpayer's application, financial incentive agreement, any other pertinent documentation, and a written copy of the determination under this subsection to the Secretary of the Department of Finance and Administration if the director: (1) Determines that the taxpayer is eligible for the increased refund for major maintenance and improvement projects provided for in this section; (2) Determines that the taxpayer has provided reasonable proof that there will be a positive return on the taxpayer's investment in the major maintenance and improvement project that is sufficient to offset the taxes refunded under this section; (3) Determines that the taxpayer has provided a defined scope, beginning date, and ending date for the major maintenance and improvement project; (4) Determines that the refund is reasonably necessary for the taxpayer to remain competitive and preserve Arkansas jobs; and (5) Agrees to provide the incentive under this section.

(1) Determines that the taxpayer is eligible for the increased refund for major maintenance and improvement projects provided for in this section;

(2) Determines that the taxpayer has provided reasonable proof that there will be a positive return on the taxpayer's investment in the major maintenance and improvement project that is sufficient to offset the taxes refunded under this section;

(3) Determines that the taxpayer has provided a defined scope, beginning date, and ending date for the major maintenance and improvement project;

(4) Determines that the refund is reasonably necessary for the taxpayer to remain competitive and preserve Arkansas jobs; and

(5) Agrees to provide the incentive under this section.

(e) A taxpayer that has been approved for the increased refund for major maintenance and improvement projects provided for in this section may make changes in a major maintenance and improvement project by written amendment to the project plan filed with the commission as part of the financial incentive agreement required under this section.

(f) Except as otherwise provided in this section, a refund under this section is subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq., and the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., in the same manner as other refunds permitted under § 26-18-507 .

(g) An expenditure shall not qualify for both the increased refund for major maintenance and improvement projects under this section and the retention tax credit provided for in § 15-4-2706(c) .

(h) The director and the secretary may promulgate rules necessary to implement this section.

(i) (1) A taxpayer may apply for an increased refund for major maintenance and improvement projects under this section through June 30, 2022. (2) An application for an increased refund for major maintenance and improvement projects under this section shall not be accepted on or after July 1, 2022.

(1) A taxpayer may apply for an increased refund for major maintenance and improvement projects under this section through June 30, 2022.

(2) An application for an increased refund for major maintenance and improvement projects under this section shall not be accepted on or after July 1, 2022.

Amended by Act 2021, No. 593,§ 2, eff. 1/1/2023.

Amended by Act 2019, No. 910,§ 428, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 427, eff. 7/1/2019.

Amended by Act 2017, No. 465,§ 2, eff. 3/13/2017.

Added by Act 2013, No. 1404,§ 3, eff. 7/1/2014.
Ark. Code Ann. § 15-23-804 — AR Code / Title 15 / Chapter 23 / Subchapter 8 / Section 15-23-804
Members
Status: in_force

(a) (1) The Ouachita River Commission shall be composed of nine (9) members. (2) The members shall be appointed by the Governor as follows: (A) One (1) who is a resident and elector of Clark County; (B) One (1) who is a resident and elector of Ouachita County; (C) One (1) who is a resident and elector of Calhoun County; (D) One (1) who is a resident and elector of Union County; (E) One (1) who is a resident and elector of Bradley County; (F) One (1) who is a resident and elector of Ashley County; (G) One (1) who is a resident and elector of Hot Spring County; (H) One (1) who is a resident and elector of Dallas County; and (I) One (1) who is the highest-ranking official of the Ouachita River Valley Association and who is a resident of Arkansas. (3) The Governor's appointment shall be with the advice and consent of the Senate. (b) Prior to entering upon the Ouachita River Commission's duties, each member of the Ouachita River Commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter. (c) (1) Members shall be appointed for seven-year staggered terms to be assigned by lot. (2) The terms shall commence on September 1 of each year and the first term shall expire on September 1, 2001. (3) Every year thereafter, one (1) member's term shall expire. (d) The Ouachita River Commission shall annually select by majority vote one (1) of its members to serve as chair and one (1) to serve as vice chair. (e) In the event of a vacancy on the Ouachita River Commission for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Ouachita River Commission member in subdivision (a)(2) of this section of a person meeting the same qualifications required for initial appointment. (f) Members of the Ouachita River Commission shall receive no pay for their services, but whenever the General Assembly shall have appropriated funds to the Ouachita River Waterways Project Trust Fund administered by the Department of Parks, Heritage, and Tourism, they may, upon proper application to the department, be reimbursed for expenses in accordance with § 25-16-902 . Amended by Act 2021, No. 928,§ 1, eff. 7/1/2021. Amended by Act 2019, No. 910,§ 87, eff. 7/1/2019. Acts 1999, No. 1532, § 4; 2001, No. 7, § 2; 2001, No. 314, § 2.

(a) (1) The Ouachita River Commission shall be composed of nine (9) members. (2) The members shall be appointed by the Governor as follows: (A) One (1) who is a resident and elector of Clark County; (B) One (1) who is a resident and elector of Ouachita County; (C) One (1) who is a resident and elector of Calhoun County; (D) One (1) who is a resident and elector of Union County; (E) One (1) who is a resident and elector of Bradley County; (F) One (1) who is a resident and elector of Ashley County; (G) One (1) who is a resident and elector of Hot Spring County; (H) One (1) who is a resident and elector of Dallas County; and (I) One (1) who is the highest-ranking official of the Ouachita River Valley Association and who is a resident of Arkansas. (3) The Governor's appointment shall be with the advice and consent of the Senate.

(1) The Ouachita River Commission shall be composed of nine (9) members.

(2) The members shall be appointed by the Governor as follows: (A) One (1) who is a resident and elector of Clark County; (B) One (1) who is a resident and elector of Ouachita County; (C) One (1) who is a resident and elector of Calhoun County; (D) One (1) who is a resident and elector of Union County; (E) One (1) who is a resident and elector of Bradley County; (F) One (1) who is a resident and elector of Ashley County; (G) One (1) who is a resident and elector of Hot Spring County; (H) One (1) who is a resident and elector of Dallas County; and (I) One (1) who is the highest-ranking official of the Ouachita River Valley Association and who is a resident of Arkansas.

(A) One (1) who is a resident and elector of Clark County;

(B) One (1) who is a resident and elector of Ouachita County;

(C) One (1) who is a resident and elector of Calhoun County;

(D) One (1) who is a resident and elector of Union County;

(E) One (1) who is a resident and elector of Bradley County;

(F) One (1) who is a resident and elector of Ashley County;

(G) One (1) who is a resident and elector of Hot Spring County;

(H) One (1) who is a resident and elector of Dallas County; and

(I) One (1) who is the highest-ranking official of the Ouachita River Valley Association and who is a resident of Arkansas.

(3) The Governor's appointment shall be with the advice and consent of the Senate.

(b) Prior to entering upon the Ouachita River Commission's duties, each member of the Ouachita River Commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.

(c) (1) Members shall be appointed for seven-year staggered terms to be assigned by lot. (2) The terms shall commence on September 1 of each year and the first term shall expire on September 1, 2001. (3) Every year thereafter, one (1) member's term shall expire.

(1) Members shall be appointed for seven-year staggered terms to be assigned by lot.

(2) The terms shall commence on September 1 of each year and the first term shall expire on September 1, 2001.

(3) Every year thereafter, one (1) member's term shall expire.

(d) The Ouachita River Commission shall annually select by majority vote one (1) of its members to serve as chair and one (1) to serve as vice chair.

(e) In the event of a vacancy on the Ouachita River Commission for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Ouachita River Commission member in subdivision (a)(2) of this section of a person meeting the same qualifications required for initial appointment.

(f) Members of the Ouachita River Commission shall receive no pay for their services, but whenever the General Assembly shall have appropriated funds to the Ouachita River Waterways Project Trust Fund administered by the Department of Parks, Heritage, and Tourism, they may, upon proper application to the department, be reimbursed for expenses in accordance with § 25-16-902 .

Amended by Act 2021, No. 928,§ 1, eff. 7/1/2021.

Amended by Act 2019, No. 910,§ 87, eff. 7/1/2019.

Acts 1999, No. 1532, § 4; 2001, No. 7, § 2; 2001, No. 314, § 2.
Ark. Code Ann. § 15-4-1809 — AR Code / Title 15 / Chapter 4 / Subchapter 18 / Section 15-4-1809
Payments
Status: in_force

(a) Payments of state assistance to state agencies and political subdivisions under this subchapter shall be made by remitting them directly to the trustee for the holders of the bonds issued to finance the eligible facility. (b) The trustee shall apply the state assistance money to the payment or redemption of the bonds and to the payment of interest thereon. (c) When the bonds issued to finance the eligible facility are fully retired or the investment of the state agency or political subdivision of its revenues in the eligible facility has been repaid with accrued and accruing interest, any money then held by the trustee derived from the state assistance shall be returned to the Treasurer of State and deposited into the State Treasury as general revenues to the credit of the General Revenue Fund Account of the State Apportionment Fund, and future eligibility for that project shall be terminated. Acts 1993, No. 1165, § 12.

(a) Payments of state assistance to state agencies and political subdivisions under this subchapter shall be made by remitting them directly to the trustee for the holders of the bonds issued to finance the eligible facility.

(b) The trustee shall apply the state assistance money to the payment or redemption of the bonds and to the payment of interest thereon.

(c) When the bonds issued to finance the eligible facility are fully retired or the investment of the state agency or political subdivision of its revenues in the eligible facility has been repaid with accrued and accruing interest, any money then held by the trustee derived from the state assistance shall be returned to the Treasurer of State and deposited into the State Treasury as general revenues to the credit of the General Revenue Fund Account of the State Apportionment Fund, and future eligibility for that project shall be terminated.

Acts 1993, No. 1165, § 12.
Ark. Code Ann. § 15-3-304 — AR Code / Title 15 / Chapter 3 / Subchapter 3 / Section 15-3-304
Collaboration of Arkansas Economic Development Commission with research universities and private business sector representatives
Status: in_force

(a) The Arkansas Economic Development Commission may work with the chancellors and presidents of research universities and the private business sector to support collaborations establishing a research alliance for the purpose of improving the economy of the state through: (1) Improving research infrastructure; (2) Increasing the focus on job-creating research activities within or supported by the research universities; and (3) Expanding job-creating research activities toward producing more knowledge-based and high-technology jobs in this state. (b) The commission shall designate no more than five (5) institutions of higher education as research universities for the purposes of this subchapter. Amended by Act 2015EX1, No. 8,§ 82, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 82, eff. 7/1/2015. Acts 2007, No. 563, § 1.

(a) The Arkansas Economic Development Commission may work with the chancellors and presidents of research universities and the private business sector to support collaborations establishing a research alliance for the purpose of improving the economy of the state through: (1) Improving research infrastructure; (2) Increasing the focus on job-creating research activities within or supported by the research universities; and (3) Expanding job-creating research activities toward producing more knowledge-based and high-technology jobs in this state.

(1) Improving research infrastructure;

(2) Increasing the focus on job-creating research activities within or supported by the research universities; and

(3) Expanding job-creating research activities toward producing more knowledge-based and high-technology jobs in this state.

(b) The commission shall designate no more than five (5) institutions of higher education as research universities for the purposes of this subchapter.

Amended by Act 2015EX1, No. 8,§ 82, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 82, eff. 7/1/2015.

Acts 2007, No. 563, § 1.
Ark. Code Ann. § 15-5-315 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-315
Securing deposit of public funds
Status: in_force

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds. Acts 1985, No. 1062, § 16.00; A.S.A. 1947, § 13-2916.

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

Acts 1985, No. 1062, § 16.00; A.S.A. 1947, § 13-2916.
Ark. Code Ann. § 15-4-1903 — AR Code / Title 15 / Chapter 4 / Subchapter 19 / Section 15-4-1903
Powers and duties of the Arkansas Economic Development Commission
Status: in_force

The Arkansas Economic Development Commission shall administer the provisions of this subchapter and shall have the following powers and duties in addition to those mentioned in this subchapter and in other laws of this state: (1) To promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter; (2) (A) To negotiate proposals on behalf of the state with prospective businesses which are considering locating a new facility or expanding an existing facility that would employ at least one hundred (100) net new full-time permanent employees and expend at least five million dollars ($5,000,000) on the project. (B) (i) For projects initiated after June 1, 2000, the commission is authorized to negotiate with a business a financial incentive plan granting an income tax credit based on total investment, without regard to how the project is financed, if it otherwise meets the qualifications of this act. The annual credit earned shall be based on the total investment divided by the term of the financial incentive plan. (ii) The amount of credit that may be claimed each year will depend on the average hourly wage of the net new full-time permanent employees. (iii) The amount of the income tax credit that may be claimed each year shall be negotiated in accordance with the following: (a) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred twenty-five percent (125%) and one hundred forty-nine percent (149%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of fifty percent (50%) of the employer's state income tax liability; (b) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred fifty percent (150%) and one hundred seventy-four percent (174%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of seventy-five percent (75%) of the employer's state income tax liability; (c) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is one hundred seventy-five percent (175%) or more of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of one hundred percent (100%) of the employer's state income tax liability; and (d) If the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is less than one hundred twenty-five percent (125%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive no tax credit under this section. (iv) If the project is located in a high-unemployment area, the Director of the Arkansas Economic Development Commission will consider all the factors of the project and negotiate with the business an income tax credit in an amount up to one hundred percent (100%) of the state income tax liability; (3) (A) To provide the Department of Finance and Administration with a copy of each financial incentive plan entered into by the commission with each of the qualifying businesses so that the department will know the maximum amount of income tax credit the qualified business may claim during the term of the agreement. (B) (i) The financial incentive plan shall specify the annual amount of payments, including principal and interest, the business will make to the lender in connection with the project financing and attach copies of the business's loan documents that reflect the amount of the annual payments. (ii) For projects initiated after June 1, 2000, and which qualify for the incentives authorized by this subchapter regardless of financing, the financial incentive plan shall specify the amount of tax credit to be earned annually, based on estimates of total project investments, which shall be limited to land, buildings, and equipment and divided by the term of the financial incentive plan; and (4) To collect a one-time fee of two thousand five hundred dollars ($2,500) for the commission's administrative and legal fees associated with the preparation of the financial incentive plan. Amended by Act 2019, No. 315,§ 1068, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 379, eff. 7/1/2019. Acts 1995, No. 831, § 3; 1999, No. 575, § 2; 2001, No. 975, §§ 8-10.

The Arkansas Economic Development Commission shall administer the provisions of this subchapter and shall have the following powers and duties in addition to those mentioned in this subchapter and in other laws of this state:

(1) To promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter;

(2) (A) To negotiate proposals on behalf of the state with prospective businesses which are considering locating a new facility or expanding an existing facility that would employ at least one hundred (100) net new full-time permanent employees and expend at least five million dollars ($5,000,000) on the project. (B) (i) For projects initiated after June 1, 2000, the commission is authorized to negotiate with a business a financial incentive plan granting an income tax credit based on total investment, without regard to how the project is financed, if it otherwise meets the qualifications of this act. The annual credit earned shall be based on the total investment divided by the term of the financial incentive plan. (ii) The amount of credit that may be claimed each year will depend on the average hourly wage of the net new full-time permanent employees. (iii) The amount of the income tax credit that may be claimed each year shall be negotiated in accordance with the following: (a) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred twenty-five percent (125%) and one hundred forty-nine percent (149%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of fifty percent (50%) of the employer's state income tax liability; (b) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred fifty percent (150%) and one hundred seventy-four percent (174%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of seventy-five percent (75%) of the employer's state income tax liability; (c) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is one hundred seventy-five percent (175%) or more of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of one hundred percent (100%) of the employer's state income tax liability; and (d) If the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is less than one hundred twenty-five percent (125%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive no tax credit under this section. (iv) If the project is located in a high-unemployment area, the Director of the Arkansas Economic Development Commission will consider all the factors of the project and negotiate with the business an income tax credit in an amount up to one hundred percent (100%) of the state income tax liability;

(A) To negotiate proposals on behalf of the state with prospective businesses which are considering locating a new facility or expanding an existing facility that would employ at least one hundred (100) net new full-time permanent employees and expend at least five million dollars ($5,000,000) on the project.

(B) (i) For projects initiated after June 1, 2000, the commission is authorized to negotiate with a business a financial incentive plan granting an income tax credit based on total investment, without regard to how the project is financed, if it otherwise meets the qualifications of this act. The annual credit earned shall be based on the total investment divided by the term of the financial incentive plan. (ii) The amount of credit that may be claimed each year will depend on the average hourly wage of the net new full-time permanent employees. (iii) The amount of the income tax credit that may be claimed each year shall be negotiated in accordance with the following: (a) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred twenty-five percent (125%) and one hundred forty-nine percent (149%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of fifty percent (50%) of the employer's state income tax liability; (b) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred fifty percent (150%) and one hundred seventy-four percent (174%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of seventy-five percent (75%) of the employer's state income tax liability; (c) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is one hundred seventy-five percent (175%) or more of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of one hundred percent (100%) of the employer's state income tax liability; and (d) If the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is less than one hundred twenty-five percent (125%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive no tax credit under this section. (iv) If the project is located in a high-unemployment area, the Director of the Arkansas Economic Development Commission will consider all the factors of the project and negotiate with the business an income tax credit in an amount up to one hundred percent (100%) of the state income tax liability;

(i) For projects initiated after June 1, 2000, the commission is authorized to negotiate with a business a financial incentive plan granting an income tax credit based on total investment, without regard to how the project is financed, if it otherwise meets the qualifications of this act. The annual credit earned shall be based on the total investment divided by the term of the financial incentive plan.

(ii) The amount of credit that may be claimed each year will depend on the average hourly wage of the net new full-time permanent employees.

(iii) The amount of the income tax credit that may be claimed each year shall be negotiated in accordance with the following: (a) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred twenty-five percent (125%) and one hundred forty-nine percent (149%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of fifty percent (50%) of the employer's state income tax liability; (b) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred fifty percent (150%) and one hundred seventy-four percent (174%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of seventy-five percent (75%) of the employer's state income tax liability; (c) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is one hundred seventy-five percent (175%) or more of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of one hundred percent (100%) of the employer's state income tax liability; and (d) If the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is less than one hundred twenty-five percent (125%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive no tax credit under this section.

(a) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred twenty-five percent (125%) and one hundred forty-nine percent (149%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of fifty percent (50%) of the employer's state income tax liability;

(b) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is between one hundred fifty percent (150%) and one hundred seventy-four percent (174%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of seventy-five percent (75%) of the employer's state income tax liability;

(c) When the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is one hundred seventy-five percent (175%) or more of the lesser of the county or state annual average weekly wage per employee, the employer shall receive an annual income tax credit in the amount of one hundred percent (100%) of the employer's state income tax liability; and

(d) If the average hourly wage, multiplied by forty (40), of the net new full-time permanent employee is less than one hundred twenty-five percent (125%) of the lesser of the county or state annual average weekly wage per employee, the employer shall receive no tax credit under this section.

(iv) If the project is located in a high-unemployment area, the Director of the Arkansas Economic Development Commission will consider all the factors of the project and negotiate with the business an income tax credit in an amount up to one hundred percent (100%) of the state income tax liability;

(3) (A) To provide the Department of Finance and Administration with a copy of each financial incentive plan entered into by the commission with each of the qualifying businesses so that the department will know the maximum amount of income tax credit the qualified business may claim during the term of the agreement. (B) (i) The financial incentive plan shall specify the annual amount of payments, including principal and interest, the business will make to the lender in connection with the project financing and attach copies of the business's loan documents that reflect the amount of the annual payments. (ii) For projects initiated after June 1, 2000, and which qualify for the incentives authorized by this subchapter regardless of financing, the financial incentive plan shall specify the amount of tax credit to be earned annually, based on estimates of total project investments, which shall be limited to land, buildings, and equipment and divided by the term of the financial incentive plan; and

(A) To provide the Department of Finance and Administration with a copy of each financial incentive plan entered into by the commission with each of the qualifying businesses so that the department will know the maximum amount of income tax credit the qualified business may claim during the term of the agreement.

(B) (i) The financial incentive plan shall specify the annual amount of payments, including principal and interest, the business will make to the lender in connection with the project financing and attach copies of the business's loan documents that reflect the amount of the annual payments. (ii) For projects initiated after June 1, 2000, and which qualify for the incentives authorized by this subchapter regardless of financing, the financial incentive plan shall specify the amount of tax credit to be earned annually, based on estimates of total project investments, which shall be limited to land, buildings, and equipment and divided by the term of the financial incentive plan; and

(i) The financial incentive plan shall specify the annual amount of payments, including principal and interest, the business will make to the lender in connection with the project financing and attach copies of the business's loan documents that reflect the amount of the annual payments.

(ii) For projects initiated after June 1, 2000, and which qualify for the incentives authorized by this subchapter regardless of financing, the financial incentive plan shall specify the amount of tax credit to be earned annually, based on estimates of total project investments, which shall be limited to land, buildings, and equipment and divided by the term of the financial incentive plan; and

(4) To collect a one-time fee of two thousand five hundred dollars ($2,500) for the commission's administrative and legal fees associated with the preparation of the financial incentive plan.

Amended by Act 2019, No. 315,§ 1068, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 379, eff. 7/1/2019.

Acts 1995, No. 831, § 3; 1999, No. 575, § 2; 2001, No. 975, §§ 8-10.