Ark. Code Ann. § 15-21-504 — AR Code / Title 15 / Chapter 21 / Subchapter 5 / Section 15-21-504
Duties, responsibilities, and authority
Status: in_force

(a) The Arkansas Geographic Information Systems Board shall be empowered to: (1) Provide a strategy for the continuing development of the Arkansas Spatial Data Infrastructure; (2) Develop standard metadata reports through the Arkansas Geographic Information Systems Office; and (3) Direct available funds to mapping and land records modernization projects at various levels of government. (b) The board shall: (1) Undertake a continuing study of the land information needs of federal, state, county, and local agencies and private entities in the state; (2) Review current and projected technology, standards, and collection methods and all statutes pertaining thereto; (3) Develop strategies and guidelines for spatial data systems and land records modernization; and (4) Pursue activities that result in coordinated cost-effective programs for spatial data development and distribution. (c) The board shall coordinate completion and maintenance of shareable statewide framework data, applications of geographic information system technologies, spatial project methodologies, and methods of funding. (d) (1) The board will develop and implement a program to further the process of land records modernization. (2) (A) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide digital cadastre system. (B) The digital cadastre manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions, nor is it suitable for boundary determination of the individual parcels included in the digital cadastre. (C) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide road centerline database. (D) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide digital orthophotography database with a priority to be taken in leaf-off conditions. (e) The duties of the board shall include, but not be restricted to: (1) Identifying issues, problems, and solutions in implementing an overall Arkansas land and geographic resources program; (2) Identifying and clarifying the roles of participants; (3) Developing an overall coordinating schedule for framework data projects; (4) Recommending methods of financing; (5) Developing recommended priorities for the distribution of funds; (6) Developing procedures for the inventory, storage, and distribution of spatial information; (7) Implementing an ongoing information and education program to promote understanding and productive use of spatial and land information systems by public and private entities and individuals; and (8) Encouraging and coordinating collaborative spatial project efforts and rewarding participants of collaborative efforts that result in economies of scale or demonstrable cost savings. (f) (1) The board, through the office, shall define technical specifications and standards to use in the collection, distribution, and reporting of spatial information as required by the State of Arkansas Enterprise Architecture. (2) (A) The board shall require metadata to be prepared and attached to all publicly funded mapping and geographic information systems databases. (B) The metadata shall follow the Federal Geographic Data Committee content for the geospatial metadata standard. (g) The board will serve as a point of contact for existing or proposed federal programs that impact the creation of spatial data or the Arkansas Spatial Data Infrastructure, or both. (h) The board, through the office, shall review the strategic plans for digital mapping and land records modernization and make recommendations for the distribution of public funds for land records modernization, enhancement, and implementation. (i) The office will serve as a statewide source of mapping and geographic information technology and will coordinate with federal agencies on state components of the National Spatial Data Infrastructure. (j) (1) The office may utilize existing repositories as appropriate in order to maintain the Arkansas Spatial Data Infrastructure. (2) (A) Agreements will be interagency service agreements and are exempt from the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and rules. (B) Further, these agreements will not be considered professional services or consulting service contracts. (k) The office shall submit an annual maintenance plan and budget for geographic information systems and geodata services relating to the Arkansas Spatial Data Infrastructure to the board. (l) As directed by the board, the office will coordinate framework data development and maintenance, provide technical processing of data sets, evaluate adherence to state-approved mapping standards, and work with spatial data stakeholders on statewide projects. (m) (1) (A) The board may administer a statewide parcel mapping grant program at the direction of the office. (B) The office shall develop and implement a program to provide funding support to counties to assist in the completion of statewide parcel mapping. (2) (A) The program shall be supported by funds and appropriations provided by the General Assembly and the counties. (B) Counties in the state are eligible to apply for a grant under the program to: (i) Initiate parcel map automation; (ii) Accelerate the completion of parcel map automation; or (iii) Support parcel map improvements. (C) Grants under the program shall be funded as follows: (i) State funding equaling up to sixty percent (60%) of the cost of the approved projects; and (ii) The balance of the cost from required matching funds from the county. (D) At least forty percent (40%) of the cost of any parcel mapping project shall come from the counties participating in a project awarded under the program. (E) (i) The matching funds may be provided by counties, affected school districts, and affected cities. (ii) The matching funds shall be deposited by the office into the Geographic Information Systems Fund. (3) The office may promulgate rules necessary to administer the program. (n) (1) The board shall provide mapping services to an entity undertaking an: (A) Annexation, consolidation, or detachment proceeding under § 14-40-101 et seq.; or (B) Incorporation or disincorporation proceeding under § 14-38-101 et seq. (2) The office shall submit a consolidated report of changes in legal boundaries because of an annexation, consolidation, detachment, incorporation, or disincorporation proceeding on an annual basis to the United States Bureau of the Census's Boundary and Annexation Survey. Amended by Act 2019, No. 315,§ 1128, eff. 7/24/2019. Amended by Act 2017, No. 374,§ 30, eff. 8/1/2017. Amended by Act 2015, No. 914,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 103,§ 11, eff. 7/22/2015. Acts 1995, No. 1259, § 4; 1997, No. 914, § 29; 2001, No. 1250, § 4; 2009, No. 244, § 1; 2011, No. 559, § 1.

(a) The Arkansas Geographic Information Systems Board shall be empowered to: (1) Provide a strategy for the continuing development of the Arkansas Spatial Data Infrastructure; (2) Develop standard metadata reports through the Arkansas Geographic Information Systems Office; and (3) Direct available funds to mapping and land records modernization projects at various levels of government.

(1) Provide a strategy for the continuing development of the Arkansas Spatial Data Infrastructure;

(2) Develop standard metadata reports through the Arkansas Geographic Information Systems Office; and

(3) Direct available funds to mapping and land records modernization projects at various levels of government.

(b) The board shall: (1) Undertake a continuing study of the land information needs of federal, state, county, and local agencies and private entities in the state; (2) Review current and projected technology, standards, and collection methods and all statutes pertaining thereto; (3) Develop strategies and guidelines for spatial data systems and land records modernization; and (4) Pursue activities that result in coordinated cost-effective programs for spatial data development and distribution.

(1) Undertake a continuing study of the land information needs of federal, state, county, and local agencies and private entities in the state;

(2) Review current and projected technology, standards, and collection methods and all statutes pertaining thereto;

(3) Develop strategies and guidelines for spatial data systems and land records modernization; and

(4) Pursue activities that result in coordinated cost-effective programs for spatial data development and distribution.

(c) The board shall coordinate completion and maintenance of shareable statewide framework data, applications of geographic information system technologies, spatial project methodologies, and methods of funding.

(d) (1) The board will develop and implement a program to further the process of land records modernization. (2) (A) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide digital cadastre system. (B) The digital cadastre manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions, nor is it suitable for boundary determination of the individual parcels included in the digital cadastre. (C) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide road centerline database. (D) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide digital orthophotography database with a priority to be taken in leaf-off conditions.

(1) The board will develop and implement a program to further the process of land records modernization.

(2) (A) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide digital cadastre system. (B) The digital cadastre manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions, nor is it suitable for boundary determination of the individual parcels included in the digital cadastre. (C) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide road centerline database. (D) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide digital orthophotography database with a priority to be taken in leaf-off conditions.

(A) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide digital cadastre system.

(B) The digital cadastre manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions, nor is it suitable for boundary determination of the individual parcels included in the digital cadastre.

(C) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide road centerline database.

(D) The board, using the technical support provided by the office, shall coordinate the development and maintenance of a statewide digital orthophotography database with a priority to be taken in leaf-off conditions.

(e) The duties of the board shall include, but not be restricted to: (1) Identifying issues, problems, and solutions in implementing an overall Arkansas land and geographic resources program; (2) Identifying and clarifying the roles of participants; (3) Developing an overall coordinating schedule for framework data projects; (4) Recommending methods of financing; (5) Developing recommended priorities for the distribution of funds; (6) Developing procedures for the inventory, storage, and distribution of spatial information; (7) Implementing an ongoing information and education program to promote understanding and productive use of spatial and land information systems by public and private entities and individuals; and (8) Encouraging and coordinating collaborative spatial project efforts and rewarding participants of collaborative efforts that result in economies of scale or demonstrable cost savings.

(1) Identifying issues, problems, and solutions in implementing an overall Arkansas land and geographic resources program;

(2) Identifying and clarifying the roles of participants;

(3) Developing an overall coordinating schedule for framework data projects;

(4) Recommending methods of financing;

(5) Developing recommended priorities for the distribution of funds;

(6) Developing procedures for the inventory, storage, and distribution of spatial information;

(7) Implementing an ongoing information and education program to promote understanding and productive use of spatial and land information systems by public and private entities and individuals; and

(8) Encouraging and coordinating collaborative spatial project efforts and rewarding participants of collaborative efforts that result in economies of scale or demonstrable cost savings.

(f) (1) The board, through the office, shall define technical specifications and standards to use in the collection, distribution, and reporting of spatial information as required by the State of Arkansas Enterprise Architecture. (2) (A) The board shall require metadata to be prepared and attached to all publicly funded mapping and geographic information systems databases. (B) The metadata shall follow the Federal Geographic Data Committee content for the geospatial metadata standard.

(1) The board, through the office, shall define technical specifications and standards to use in the collection, distribution, and reporting of spatial information as required by the State of Arkansas Enterprise Architecture.

(2) (A) The board shall require metadata to be prepared and attached to all publicly funded mapping and geographic information systems databases. (B) The metadata shall follow the Federal Geographic Data Committee content for the geospatial metadata standard.

(A) The board shall require metadata to be prepared and attached to all publicly funded mapping and geographic information systems databases.

(B) The metadata shall follow the Federal Geographic Data Committee content for the geospatial metadata standard.

(g) The board will serve as a point of contact for existing or proposed federal programs that impact the creation of spatial data or the Arkansas Spatial Data Infrastructure, or both.

(h) The board, through the office, shall review the strategic plans for digital mapping and land records modernization and make recommendations for the distribution of public funds for land records modernization, enhancement, and implementation.

(i) The office will serve as a statewide source of mapping and geographic information technology and will coordinate with federal agencies on state components of the National Spatial Data Infrastructure.

(j) (1) The office may utilize existing repositories as appropriate in order to maintain the Arkansas Spatial Data Infrastructure. (2) (A) Agreements will be interagency service agreements and are exempt from the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and rules. (B) Further, these agreements will not be considered professional services or consulting service contracts.

(1) The office may utilize existing repositories as appropriate in order to maintain the Arkansas Spatial Data Infrastructure.

(2) (A) Agreements will be interagency service agreements and are exempt from the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and rules. (B) Further, these agreements will not be considered professional services or consulting service contracts.

(A) Agreements will be interagency service agreements and are exempt from the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and rules.

(B) Further, these agreements will not be considered professional services or consulting service contracts.

(k) The office shall submit an annual maintenance plan and budget for geographic information systems and geodata services relating to the Arkansas Spatial Data Infrastructure to the board.

(l) As directed by the board, the office will coordinate framework data development and maintenance, provide technical processing of data sets, evaluate adherence to state-approved mapping standards, and work with spatial data stakeholders on statewide projects.

(m) (1) (A) The board may administer a statewide parcel mapping grant program at the direction of the office. (B) The office shall develop and implement a program to provide funding support to counties to assist in the completion of statewide parcel mapping. (2) (A) The program shall be supported by funds and appropriations provided by the General Assembly and the counties. (B) Counties in the state are eligible to apply for a grant under the program to: (i) Initiate parcel map automation; (ii) Accelerate the completion of parcel map automation; or (iii) Support parcel map improvements. (C) Grants under the program shall be funded as follows: (i) State funding equaling up to sixty percent (60%) of the cost of the approved projects; and (ii) The balance of the cost from required matching funds from the county. (D) At least forty percent (40%) of the cost of any parcel mapping project shall come from the counties participating in a project awarded under the program. (E) (i) The matching funds may be provided by counties, affected school districts, and affected cities. (ii) The matching funds shall be deposited by the office into the Geographic Information Systems Fund. (3) The office may promulgate rules necessary to administer the program.

(1) (A) The board may administer a statewide parcel mapping grant program at the direction of the office. (B) The office shall develop and implement a program to provide funding support to counties to assist in the completion of statewide parcel mapping.

(A) The board may administer a statewide parcel mapping grant program at the direction of the office.

(B) The office shall develop and implement a program to provide funding support to counties to assist in the completion of statewide parcel mapping.

(2) (A) The program shall be supported by funds and appropriations provided by the General Assembly and the counties. (B) Counties in the state are eligible to apply for a grant under the program to: (i) Initiate parcel map automation; (ii) Accelerate the completion of parcel map automation; or (iii) Support parcel map improvements. (C) Grants under the program shall be funded as follows: (i) State funding equaling up to sixty percent (60%) of the cost of the approved projects; and (ii) The balance of the cost from required matching funds from the county. (D) At least forty percent (40%) of the cost of any parcel mapping project shall come from the counties participating in a project awarded under the program. (E) (i) The matching funds may be provided by counties, affected school districts, and affected cities. (ii) The matching funds shall be deposited by the office into the Geographic Information Systems Fund.

(A) The program shall be supported by funds and appropriations provided by the General Assembly and the counties.

(B) Counties in the state are eligible to apply for a grant under the program to: (i) Initiate parcel map automation; (ii) Accelerate the completion of parcel map automation; or (iii) Support parcel map improvements.

(i) Initiate parcel map automation;

(ii) Accelerate the completion of parcel map automation; or

(iii) Support parcel map improvements.

(C) Grants under the program shall be funded as follows: (i) State funding equaling up to sixty percent (60%) of the cost of the approved projects; and (ii) The balance of the cost from required matching funds from the county.

(i) State funding equaling up to sixty percent (60%) of the cost of the approved projects; and

(ii) The balance of the cost from required matching funds from the county.

(D) At least forty percent (40%) of the cost of any parcel mapping project shall come from the counties participating in a project awarded under the program.

(E) (i) The matching funds may be provided by counties, affected school districts, and affected cities. (ii) The matching funds shall be deposited by the office into the Geographic Information Systems Fund.

(i) The matching funds may be provided by counties, affected school districts, and affected cities.

(ii) The matching funds shall be deposited by the office into the Geographic Information Systems Fund.

(3) The office may promulgate rules necessary to administer the program.

(n) (1) The board shall provide mapping services to an entity undertaking an: (A) Annexation, consolidation, or detachment proceeding under § 14-40-101 et seq.; or (B) Incorporation or disincorporation proceeding under § 14-38-101 et seq. (2) The office shall submit a consolidated report of changes in legal boundaries because of an annexation, consolidation, detachment, incorporation, or disincorporation proceeding on an annual basis to the United States Bureau of the Census's Boundary and Annexation Survey.

(1) The board shall provide mapping services to an entity undertaking an: (A) Annexation, consolidation, or detachment proceeding under § 14-40-101 et seq.; or (B) Incorporation or disincorporation proceeding under § 14-38-101 et seq.

(A) Annexation, consolidation, or detachment proceeding under § 14-40-101 et seq.; or

(B) Incorporation or disincorporation proceeding under § 14-38-101 et seq.

(2) The office shall submit a consolidated report of changes in legal boundaries because of an annexation, consolidation, detachment, incorporation, or disincorporation proceeding on an annual basis to the United States Bureau of the Census's Boundary and Annexation Survey.

Amended by Act 2019, No. 315,§ 1128, eff. 7/24/2019.

Amended by Act 2017, No. 374,§ 30, eff. 8/1/2017.

Amended by Act 2015, No. 914,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 103,§ 11, eff. 7/22/2015.

Acts 1995, No. 1259, § 4; 1997, No. 914, § 29; 2001, No. 1250, § 4; 2009, No. 244, § 1; 2011, No. 559, § 1.
Ark. Code Ann. § 15-4-1029 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1029
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 17; A.S.A. 1947, § 67-1643; Acts 2003, No. 860, § 8; 2005, No. 1759, § 5.

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

Acts 1985, No. 410, § 17; A.S.A. 1947, § 67-1643; Acts 2003, No. 860, § 8; 2005, No. 1759, § 5.
Ark. Code Ann. § 15-4-2201 — AR Code / Title 15 / Chapter 4 / Subchapter 22 / Section 15-4-2201
15-4-2212 - [Repealed]
Status: repealed

Repealed by Act 2015, No. 907,§ 4, eff. 7/1/2015. Acts 1999, No. 1125, § 1.

Repealed by Act 2015, No. 907,§ 4, eff. 7/1/2015.

Acts 1999, No. 1125, § 1.
Ark. Code Ann. § 15-75-312 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-312
Class six permit
Status: in_force

(a) The holder of a class six permit: (1) May transport liquefied petroleum gas over the highways of the state for delivery to points outside the state only; (2) May not deliver liquefied petroleum gas to any Arkansas dealer, commercial or industrial plant, or directly to a consumer; (3) May not sell or install any type of container or system; (4) Must have all delivery equipment inspected and approved before being placed in operation and annually thereafter; (5) Shall not use motor fuel directly from cargo tanks; and (6) Must pay an annual permit fee in the sum of two hundred dollars ($200). (b) All transport truck operators must have certificates of competency from the Liquefied Petroleum Gas Board. (c) An applicant for a class six permit: (1) Must furnish evidence of the following insurance on each truck used in operations in this state: (A) Automobile Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Automobile Property Damage Liability Insurance Each Accident $500,000 (2) Must submit an inventory of all trucks traveling in this state showing the following information: (A) Name of liquefied petroleum gas tank manufacturer; (B) Code under which constructed; (C) Design working pressure and water capacity; (D) Relief valve setting; (E) Tank manufacturer's serial number; (F) Type and size of fuel tanks; (G) Number, type, and size of fire extinguishers; (H) Manufacturer's data sheet for each container, including fuel tanks; and (3) Must comply with all other applicable requirements. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 8; 1995, No. 477, § 5.

(a) The holder of a class six permit: (1) May transport liquefied petroleum gas over the highways of the state for delivery to points outside the state only; (2) May not deliver liquefied petroleum gas to any Arkansas dealer, commercial or industrial plant, or directly to a consumer; (3) May not sell or install any type of container or system; (4) Must have all delivery equipment inspected and approved before being placed in operation and annually thereafter; (5) Shall not use motor fuel directly from cargo tanks; and (6) Must pay an annual permit fee in the sum of two hundred dollars ($200).

(1) May transport liquefied petroleum gas over the highways of the state for delivery to points outside the state only;

(2) May not deliver liquefied petroleum gas to any Arkansas dealer, commercial or industrial plant, or directly to a consumer;

(3) May not sell or install any type of container or system;

(4) Must have all delivery equipment inspected and approved before being placed in operation and annually thereafter;

(5) Shall not use motor fuel directly from cargo tanks; and

(6) Must pay an annual permit fee in the sum of two hundred dollars ($200).

(b) All transport truck operators must have certificates of competency from the Liquefied Petroleum Gas Board.

(c) An applicant for a class six permit: (1) Must furnish evidence of the following insurance on each truck used in operations in this state: (A) Automobile Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Automobile Property Damage Liability Insurance Each Accident $500,000 (2) Must submit an inventory of all trucks traveling in this state showing the following information: (A) Name of liquefied petroleum gas tank manufacturer; (B) Code under which constructed; (C) Design working pressure and water capacity; (D) Relief valve setting; (E) Tank manufacturer's serial number; (F) Type and size of fuel tanks; (G) Number, type, and size of fire extinguishers; (H) Manufacturer's data sheet for each container, including fuel tanks; and (3) Must comply with all other applicable requirements.

(1) Must furnish evidence of the following insurance on each truck used in operations in this state: (A) Automobile Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Automobile Property Damage Liability Insurance Each Accident $500,000

(A) Automobile Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Automobile Property Damage Liability Insurance Each Accident $500,000

(A) Automobile Bodily Injury Liability Insurance

Each Person

$500,000

Each Accident

500,000

(B) Automobile Property Damage Liability Insurance

Each Accident

$500,000

(2) Must submit an inventory of all trucks traveling in this state showing the following information: (A) Name of liquefied petroleum gas tank manufacturer; (B) Code under which constructed; (C) Design working pressure and water capacity; (D) Relief valve setting; (E) Tank manufacturer's serial number; (F) Type and size of fuel tanks; (G) Number, type, and size of fire extinguishers; (H) Manufacturer's data sheet for each container, including fuel tanks; and

(A) Name of liquefied petroleum gas tank manufacturer;

(B) Code under which constructed;

(C) Design working pressure and water capacity;

(D) Relief valve setting;

(E) Tank manufacturer's serial number;

(F) Type and size of fuel tanks;

(G) Number, type, and size of fire extinguishers;

(H) Manufacturer's data sheet for each container, including fuel tanks; and

(3) Must comply with all other applicable requirements.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 8; 1995, No. 477, § 5.
Ark. Code Ann. § 15-72-706 — AR Code / Title 15 / Chapter 72 / Subchapter 7 / Section 15-72-706
Credit against severance tax
Status: in_force

From and after the effective date of the certificate, the person shall be entitled to receive from the Revenue Division of the Department of Finance and Administration a credit against the taxes thereafter otherwise due by the person on account of oil produced from the pool from wells located on any land as to which the person was the owner, and so designated, in the application filed with the Oil and Gas Commission, as follows: (1) Seventy-five percent (75%) of the severance tax otherwise due during a period of five (5) years from the date of the certificate if the pool is located above the base of the deepest producing oil formation in the county where the discovery well is located at the date of the application; (2) Seventy-five percent (75%) of the severance tax otherwise due during a period of ten (10) years from the date of the certificate if the pool is located below the base of the deepest producing oil formation in the county or if there was no oil production in the county at the date of the application; and (3) The certificate shall designate whether the person named therein is entitled thereunder to the benefits of subdivisions (1) and (2) of this section, and the name of the field and pool covered thereby. Acts 1957, No. 258, § 7; A.S.A. 1947, § 53-136.

From and after the effective date of the certificate, the person shall be entitled to receive from the Revenue Division of the Department of Finance and Administration a credit against the taxes thereafter otherwise due by the person on account of oil produced from the pool from wells located on any land as to which the person was the owner, and so designated, in the application filed with the Oil and Gas Commission, as follows:

(1) Seventy-five percent (75%) of the severance tax otherwise due during a period of five (5) years from the date of the certificate if the pool is located above the base of the deepest producing oil formation in the county where the discovery well is located at the date of the application;

(2) Seventy-five percent (75%) of the severance tax otherwise due during a period of ten (10) years from the date of the certificate if the pool is located below the base of the deepest producing oil formation in the county or if there was no oil production in the county at the date of the application; and

(3) The certificate shall designate whether the person named therein is entitled thereunder to the benefits of subdivisions (1) and (2) of this section, and the name of the field and pool covered thereby.

Acts 1957, No. 258, § 7; A.S.A. 1947, § 53-136.
Ark. Code Ann. § 15-22-905 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-905
Powers of commission - Limitations
Status: in_force

The following provisions shall limit the Arkansas Natural Resources Commission's powers under this subchapter: (1) (A) There will be no reduction or limitation of the withdrawal of groundwater from existing wells in an alluvial aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface water supplies are available or can be made available at a cost to the person no greater than the operating cost of the person's wells within the critical groundwater area, including depreciation costs over the life of the well. (B) There shall be no reduction or limitation of the withdrawal of groundwater from existing wells in a sustaining aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface supplies are available; (2) (A) In an alluvial aquifer, there will be no reduction or limitation of the withdrawal of groundwater from wells for which a water right has been issued under § 15-22-910 and for which the person holding the right can demonstrate: (i) A reduction of twenty percent (20%) of his or her use of groundwater by either institution of water conservation measures or conversion to surface supplies. The demonstrated reduction must be based on the use reported in water year 1986 or later; or (ii) The implementation of a water conservation plan employing generally accepted water conservation practices approved by the commission. (B) In sustaining aquifers, the commission may consider voluntary reductions, water use efficiencies, and implementation of water conservation measures in determining limitations or reduction of withdrawals; (3) There will be no regulation of the withdrawal of groundwater from existing or proposed wells which have a maximum potential flow rate of less than fifty thousand gallons (50,000 gals.) per day; (4) There shall be no regulation of the withdrawals of groundwater from individual household wells used exclusively for domestic use; (5) With respect to replacement wells: (A) (i) The owner of an existing well may construct a replacement well after abandoning the existing well. (ii) To transfer a water right to a replacement well the owner need only submit to the commission notice of construction of a replacement well stating the location and ownership of the original well and replacement well and other relevant information required by the commission; and (B) The original well must be converted to a nonregulated use or plugged in the manner prescribed by the commission; and (6) Marketers of bottled water and public water supply systems shall at no time be restricted in the place of use of groundwater. Amended by Act 2017, No. 374,§ 33, eff. 8/1/2017. Amended by Act 2017, No. 374,§ 32, eff. 8/1/2017. Acts 1991, No. 154, § 6; 1991, No. 342, § 6; 2001, No. 1426, §§ 2, 3.

The following provisions shall limit the Arkansas Natural Resources Commission's powers under this subchapter:

(1) (A) There will be no reduction or limitation of the withdrawal of groundwater from existing wells in an alluvial aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface water supplies are available or can be made available at a cost to the person no greater than the operating cost of the person's wells within the critical groundwater area, including depreciation costs over the life of the well. (B) There shall be no reduction or limitation of the withdrawal of groundwater from existing wells in a sustaining aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface supplies are available;

(A) There will be no reduction or limitation of the withdrawal of groundwater from existing wells in an alluvial aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface water supplies are available or can be made available at a cost to the person no greater than the operating cost of the person's wells within the critical groundwater area, including depreciation costs over the life of the well.

(B) There shall be no reduction or limitation of the withdrawal of groundwater from existing wells in a sustaining aquifer for which a water right is grandfathered under the provisions of § 15-22-910(a)(1) unless alternative surface supplies are available;

(2) (A) In an alluvial aquifer, there will be no reduction or limitation of the withdrawal of groundwater from wells for which a water right has been issued under § 15-22-910 and for which the person holding the right can demonstrate: (i) A reduction of twenty percent (20%) of his or her use of groundwater by either institution of water conservation measures or conversion to surface supplies. The demonstrated reduction must be based on the use reported in water year 1986 or later; or (ii) The implementation of a water conservation plan employing generally accepted water conservation practices approved by the commission. (B) In sustaining aquifers, the commission may consider voluntary reductions, water use efficiencies, and implementation of water conservation measures in determining limitations or reduction of withdrawals;

(A) In an alluvial aquifer, there will be no reduction or limitation of the withdrawal of groundwater from wells for which a water right has been issued under § 15-22-910 and for which the person holding the right can demonstrate: (i) A reduction of twenty percent (20%) of his or her use of groundwater by either institution of water conservation measures or conversion to surface supplies. The demonstrated reduction must be based on the use reported in water year 1986 or later; or (ii) The implementation of a water conservation plan employing generally accepted water conservation practices approved by the commission.

(i) A reduction of twenty percent (20%) of his or her use of groundwater by either institution of water conservation measures or conversion to surface supplies. The demonstrated reduction must be based on the use reported in water year 1986 or later; or

(ii) The implementation of a water conservation plan employing generally accepted water conservation practices approved by the commission.

(B) In sustaining aquifers, the commission may consider voluntary reductions, water use efficiencies, and implementation of water conservation measures in determining limitations or reduction of withdrawals;

(3) There will be no regulation of the withdrawal of groundwater from existing or proposed wells which have a maximum potential flow rate of less than fifty thousand gallons (50,000 gals.) per day;

(4) There shall be no regulation of the withdrawals of groundwater from individual household wells used exclusively for domestic use;

(5) With respect to replacement wells: (A) (i) The owner of an existing well may construct a replacement well after abandoning the existing well. (ii) To transfer a water right to a replacement well the owner need only submit to the commission notice of construction of a replacement well stating the location and ownership of the original well and replacement well and other relevant information required by the commission; and (B) The original well must be converted to a nonregulated use or plugged in the manner prescribed by the commission; and

(A) (i) The owner of an existing well may construct a replacement well after abandoning the existing well. (ii) To transfer a water right to a replacement well the owner need only submit to the commission notice of construction of a replacement well stating the location and ownership of the original well and replacement well and other relevant information required by the commission; and

(i) The owner of an existing well may construct a replacement well after abandoning the existing well.

(ii) To transfer a water right to a replacement well the owner need only submit to the commission notice of construction of a replacement well stating the location and ownership of the original well and replacement well and other relevant information required by the commission; and

(B) The original well must be converted to a nonregulated use or plugged in the manner prescribed by the commission; and

(6) Marketers of bottled water and public water supply systems shall at no time be restricted in the place of use of groundwater.

Amended by Act 2017, No. 374,§ 33, eff. 8/1/2017.

Amended by Act 2017, No. 374,§ 32, eff. 8/1/2017.

Acts 1991, No. 154, § 6; 1991, No. 342, § 6; 2001, No. 1426, §§ 2, 3.
Ark. Code Ann. § 15-60-109 — AR Code / Title 15 / Chapter 60 / Section 15-60-109
Record of license application and issuance
Status: in_force

It shall be the duty of the county clerk to record each application and each license issued in the mining records of the county. Acts 1943, No. 86, § 8; A.S.A. 1947, § 52-808.

It shall be the duty of the county clerk to record each application and each license issued in the mining records of the county.

Acts 1943, No. 86, § 8; A.S.A. 1947, § 52-808.
Ark. Code Ann. § 15-10-404 — AR Code / Title 15 / Chapter 10 / Subchapter 4 / Section 15-10-404
Officers, departments, agencies, and institutions authorized to cooperate with board
Status: in_force

All officers, departments, agencies, and institutions of this state and of its political subdivisions are authorized to cooperate with the Southern States Energy Board in the furtherance of any of its activities pursuant to the Southern States Energy Compact, § 15-10-401 . Acts 1961, No. 429, § 4; 1979, No. 1112, § 3; A.S.A. 1947, § 9-1104.

All officers, departments, agencies, and institutions of this state and of its political subdivisions are authorized to cooperate with the Southern States Energy Board in the furtherance of any of its activities pursuant to the Southern States Energy Compact, § 15-10-401 .

Acts 1961, No. 429, § 4; 1979, No. 1112, § 3; A.S.A. 1947, § 9-1104.
Ark. Code Ann. § 15-22-1006 — AR Code / Title 15 / Chapter 22 / Subchapter 10 / Section 15-22-1006
Resource values and credits for mitigation banks - Use and withdrawal of credits - Annual evaluation of system
Status: in_force

(a) For each mitigation bank, the Director of the Arkansas Natural Resources Commission shall establish a system of aquatic resources values and credits consistent with compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344 , and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403 , as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961. (b) The director may sell credits from any mitigation bank site prior to the establishment of aquatic resources functions if, upon review of the site plan, the director determines that the implementation of the plan will likely result in the established aquatic resources function on the site. (c) The price for any credit shall be set at an amount that will compensate the state for all of the costs and expenses the state has incurred and is expected to incur in establishing and maintaining that portion of the mitigation bank. (d) The director annually shall: (1) Evaluate the aquatic resources functions and values created within each aquatic resources mitigation bank site; and (2) (A) Compare the current aquatic resources functions and values with the aquatic resources functions and values that the director anticipated the mitigation bank would provide. (B) If the director finds any significant disparity between the actual and anticipated aquatic resources functions and values, the director shall: (i) Suspend the withdrawal of credits to that mitigation bank; or (ii) Take prompt action to assure that the anticipated aquatic resources functions and values are established. Amended by Act 2021, No. 501,§ 6, eff. 7/28/2021. Acts 1995, No. 562, § 6; 1997, No. 390, § 2; 2007, No. 476, § 5.

(a) For each mitigation bank, the Director of the Arkansas Natural Resources Commission shall establish a system of aquatic resources values and credits consistent with compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344 , and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403 , as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961.

(b) The director may sell credits from any mitigation bank site prior to the establishment of aquatic resources functions if, upon review of the site plan, the director determines that the implementation of the plan will likely result in the established aquatic resources function on the site.

(c) The price for any credit shall be set at an amount that will compensate the state for all of the costs and expenses the state has incurred and is expected to incur in establishing and maintaining that portion of the mitigation bank.

(d) The director annually shall: (1) Evaluate the aquatic resources functions and values created within each aquatic resources mitigation bank site; and (2) (A) Compare the current aquatic resources functions and values with the aquatic resources functions and values that the director anticipated the mitigation bank would provide. (B) If the director finds any significant disparity between the actual and anticipated aquatic resources functions and values, the director shall: (i) Suspend the withdrawal of credits to that mitigation bank; or (ii) Take prompt action to assure that the anticipated aquatic resources functions and values are established.

(1) Evaluate the aquatic resources functions and values created within each aquatic resources mitigation bank site; and

(2) (A) Compare the current aquatic resources functions and values with the aquatic resources functions and values that the director anticipated the mitigation bank would provide. (B) If the director finds any significant disparity between the actual and anticipated aquatic resources functions and values, the director shall: (i) Suspend the withdrawal of credits to that mitigation bank; or (ii) Take prompt action to assure that the anticipated aquatic resources functions and values are established.

(A) Compare the current aquatic resources functions and values with the aquatic resources functions and values that the director anticipated the mitigation bank would provide.

(B) If the director finds any significant disparity between the actual and anticipated aquatic resources functions and values, the director shall: (i) Suspend the withdrawal of credits to that mitigation bank; or (ii) Take prompt action to assure that the anticipated aquatic resources functions and values are established.

(i) Suspend the withdrawal of credits to that mitigation bank; or

(ii) Take prompt action to assure that the anticipated aquatic resources functions and values are established.

Amended by Act 2021, No. 501,§ 6, eff. 7/28/2021.

Acts 1995, No. 562, § 6; 1997, No. 390, § 2; 2007, No. 476, § 5.
Ark. Code Ann. § 15-20-1317 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1317
No impairment of outstanding bonds
Status: in_force

The issuance of bonds authorized by this subchapter shall not impair or affect any outstanding bonds of the Arkansas Natural Resources Commission issued pursuant to the prior act. Acts 2007, No. 631, § 1.

The issuance of bonds authorized by this subchapter shall not impair or affect any outstanding bonds of the Arkansas Natural Resources Commission issued pursuant to the prior act.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-57-309 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-309
Entry on lands for inspection
Status: in_force

The Division of Environmental Quality or its designated representatives may enter upon the lands affected by open-cut mining at all reasonable times for the purpose of determining compliance with the provisions of this subchapter. Amended by Act 2019, No. 910,§ 3081, eff. 7/1/2019. Acts 1991, No. 827, § 8; 2001, No. 550, § 2.

The Division of Environmental Quality or its designated representatives may enter upon the lands affected by open-cut mining at all reasonable times for the purpose of determining compliance with the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 3081, eff. 7/1/2019.

Acts 1991, No. 827, § 8; 2001, No. 550, § 2.
Ark. Code Ann. § 15-72-316 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-316
Salt water disposal unit operation of a pool - Petition
Status: in_force

(a) Upon the filing of a petition as hereinafter provided, the Oil and Gas Commission after notice shall hold a public hearing to consider the need to establish a salt water disposal unit for an entire pool. (b) The petition shall contain the following: (1) A description of the proposed unit area; (2) A statement of the nature of the proposed salt water disposal unit operation; and (3) A conformed copy of the proposed salt water disposal unit operating agreement which may be a composite of executed counterparts of the agreement. (c) The petition may be filed by one (1) or more persons authorized in the salt water disposal unit agreement to file it with the commission. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.

(a) Upon the filing of a petition as hereinafter provided, the Oil and Gas Commission after notice shall hold a public hearing to consider the need to establish a salt water disposal unit for an entire pool.

(b) The petition shall contain the following: (1) A description of the proposed unit area; (2) A statement of the nature of the proposed salt water disposal unit operation; and (3) A conformed copy of the proposed salt water disposal unit operating agreement which may be a composite of executed counterparts of the agreement.

(1) A description of the proposed unit area;

(2) A statement of the nature of the proposed salt water disposal unit operation; and

(3) A conformed copy of the proposed salt water disposal unit operating agreement which may be a composite of executed counterparts of the agreement.

(c) The petition may be filed by one (1) or more persons authorized in the salt water disposal unit agreement to file it with the commission.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-22-1101 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1101
Definitions
Status: in_force

As used in this subchapter: (1) "Administrative account" means the Drinking Water State Administrative Account established by this subchapter within the Safe Drinking Water Fund; (2) "Authority" means the Arkansas Development Finance Authority or a successor agency or commission of the state; (3) "Commission" means the Arkansas Natural Resources Commission or a successor agency or commission of the state; (4) "Department" means the Department of Health or a successor agency of the state; (5) "Fund" means the Safe Drinking Water Fund established by this subchapter; (6) "Owner" means the owner or prospective owner of a water system, excluding any federal agencies; (7) "Revolving loan account" means the Drinking Water State Revolving Loan Fund Account established by this subchapter within the fund; (8) "Safe Drinking Water Act" means the Safe Drinking Water Act Amendments of 1996, Pub. L. No. 104-182, and its subsequent amendments or successor provisions; (9) "Set aside account" means the Drinking Water State Set Aside Account established by this subchapter within the fund; (10) "State" means the State of Arkansas; (11) "State grants account" means the Drinking Water State Grants Account established by this subchapter within the fund; and (12) (A) "Water system" means a public water system within the meaning of the Safe Drinking Water Act. (B) The water system may be owned publicly or privately and shall include particularly, without limitation: (i) Distribution and transmission lines; (ii) Storage, production, pumping, and treatment facilities; (iii) Impoundments; (iv) Reservoirs; (v) Wells; (vi) Source water protection; (vii) Land; (viii) Rights-of-way; and (ix) Conservation easements. Acts 1997, No. 772, § 1; 2009, No. 457, § 1.

As used in this subchapter:

(1) "Administrative account" means the Drinking Water State Administrative Account established by this subchapter within the Safe Drinking Water Fund;

(2) "Authority" means the Arkansas Development Finance Authority or a successor agency or commission of the state;

(3) "Commission" means the Arkansas Natural Resources Commission or a successor agency or commission of the state;

(4) "Department" means the Department of Health or a successor agency of the state;

(5) "Fund" means the Safe Drinking Water Fund established by this subchapter;

(6) "Owner" means the owner or prospective owner of a water system, excluding any federal agencies;

(7) "Revolving loan account" means the Drinking Water State Revolving Loan Fund Account established by this subchapter within the fund;

(8) "Safe Drinking Water Act" means the Safe Drinking Water Act Amendments of 1996, Pub. L. No. 104-182, and its subsequent amendments or successor provisions;

(9) "Set aside account" means the Drinking Water State Set Aside Account established by this subchapter within the fund;

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

(11) "State grants account" means the Drinking Water State Grants Account established by this subchapter within the fund; and

(12) (A) "Water system" means a public water system within the meaning of the Safe Drinking Water Act. (B) The water system may be owned publicly or privately and shall include particularly, without limitation: (i) Distribution and transmission lines; (ii) Storage, production, pumping, and treatment facilities; (iii) Impoundments; (iv) Reservoirs; (v) Wells; (vi) Source water protection; (vii) Land; (viii) Rights-of-way; and (ix) Conservation easements.

(A) "Water system" means a public water system within the meaning of the Safe Drinking Water Act.

(B) The water system may be owned publicly or privately and shall include particularly, without limitation: (i) Distribution and transmission lines; (ii) Storage, production, pumping, and treatment facilities; (iii) Impoundments; (iv) Reservoirs; (v) Wells; (vi) Source water protection; (vii) Land; (viii) Rights-of-way; and (ix) Conservation easements.

(i) Distribution and transmission lines;

(ii) Storage, production, pumping, and treatment facilities;

(iii) Impoundments;

(iv) Reservoirs;

(v) Wells;

(vi) Source water protection;

(vii) Land;

(viii) Rights-of-way; and

(ix) Conservation easements.

Acts 1997, No. 772, § 1; 2009, No. 457, § 1.
Ark. Code Ann. § 15-22-711 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-711
Bonds - Authorizing resolution, trust indenture, and selection of projects
Status: in_force

(a) (1) The bonds shall be authorized by resolution of the Arkansas Natural Resources Commission. (2) Each resolution shall contain such terms, covenants, and conditions as are deemed desirable, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, to the deposit and investment of revenues and of bond proceeds, and to the rights and obligations of the state, its officers and officials, the commission, and the holders or registered owners of the bonds. (3) The resolution of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with a bank or banks located within or without the state, containing any of the terms, convenants, and conditions referred to in this subsection. The trust indenture or trust indentures shall be binding upon the state and its officers and officials to the extent set forth in this subchapter. (b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved: (1) To apply to the payment of debt service on the bonds issued or secured thereunder all or any part of the revenues derived from any project financed by the bonds; and (2) To the extent of the revenues, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including, without limitation, the general revenues for allocation required to be transferred under § 15-22-715 . (c) The commission shall endeavor to select projects for financing and development under this subchapter which offer reasonable and realistic prospects of the production of revenues, whether by direct user fees, taxes, or otherwise. Acts 1987, No. 686, § 6.

(a) (1) The bonds shall be authorized by resolution of the Arkansas Natural Resources Commission. (2) Each resolution shall contain such terms, covenants, and conditions as are deemed desirable, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, to the deposit and investment of revenues and of bond proceeds, and to the rights and obligations of the state, its officers and officials, the commission, and the holders or registered owners of the bonds. (3) The resolution of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with a bank or banks located within or without the state, containing any of the terms, convenants, and conditions referred to in this subsection. The trust indenture or trust indentures shall be binding upon the state and its officers and officials to the extent set forth in this subchapter.

(1) The bonds shall be authorized by resolution of the Arkansas Natural Resources Commission.

(2) Each resolution shall contain such terms, covenants, and conditions as are deemed desirable, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, to the deposit and investment of revenues and of bond proceeds, and to the rights and obligations of the state, its officers and officials, the commission, and the holders or registered owners of the bonds.

(3) The resolution of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with a bank or banks located within or without the state, containing any of the terms, convenants, and conditions referred to in this subsection. The trust indenture or trust indentures shall be binding upon the state and its officers and officials to the extent set forth in this subchapter.

(b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved: (1) To apply to the payment of debt service on the bonds issued or secured thereunder all or any part of the revenues derived from any project financed by the bonds; and (2) To the extent of the revenues, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including, without limitation, the general revenues for allocation required to be transferred under § 15-22-715 .

(1) To apply to the payment of debt service on the bonds issued or secured thereunder all or any part of the revenues derived from any project financed by the bonds; and

(2) To the extent of the revenues, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including, without limitation, the general revenues for allocation required to be transferred under § 15-22-715 .

(c) The commission shall endeavor to select projects for financing and development under this subchapter which offer reasonable and realistic prospects of the production of revenues, whether by direct user fees, taxes, or otherwise.

Acts 1987, No. 686, § 6.
Ark. Code Ann. § 15-22-209 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-209
Appellate review
Status: in_force

Any person affected by any rule or order made by the Arkansas Natural Resources Commission or action taken may obtain review of such an action pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1133, eff. 7/24/2019. Acts 1957, No. 81, § 12; 1969, No. 180, § 5; A.S.A. 1947, § 21-1312; Acts 1989, No. 258, § 3.

Any person affected by any rule or order made by the Arkansas Natural Resources Commission or action taken may obtain review of such an action pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1133, eff. 7/24/2019.

Acts 1957, No. 81, § 12; 1969, No. 180, § 5; A.S.A. 1947, § 21-1312; Acts 1989, No. 258, § 3.
Ark. Code Ann. § 15-3-109 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-109
Power to carry out programs
Status: in_force

(a) In relation to the authorization under this subchapter to engage in undertakings, programs, enterprises, and activities involving research and development and other programs involving the establishment and encouragement of scientific and technological research, the Director of the Arkansas Economic Development Commission shall have all the powers necessary to carry out programs which include, but are not limited to: (1) Funding basic research at Arkansas colleges and universities as specified in § 15-3-110 ; (2) Stimulating applied research partnerships between private industry and Arkansas colleges and universities and matching funds from private sources for proposed applied research projects as specified in § 15-3-110 ; (3) Assisting small businesses in identifying and applying for funds to conduct research and development work on innovative technical ideas; (4) Transferring knowledge and technology from college, university, and government laboratories to private industry; (5) Creating, in cooperation with Arkansas colleges and universities, facilities to foster the growth of technology-based enterprises; (6) Developing emerging product and process technologies which contribute to business and economic growth; (7) Engaging in innovative demonstration and pilot projects involving improved education and preparation of the future workforce in the areas of science, technology, and mathematics; and (8) Transferring knowledge and technology from colleges, universities, government entities and laboratories, and other sources of innovation to public schools. (b) In establishing and maintaining the programs authorized by this section, the director may utilize moneys as are lawfully available to the director for supporting the purposes of the Division of Science and Technology of the Arkansas Economic Development Commission. Amended by Act 2019, No. 910,§ 337, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 336, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 2, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 15; 1985, No. 409, § 13; A.S.A. 1947, § 6-1615; Acts 1987, No. 210, § 1; 1989, No. 271, § 1; 1995, No. 456, § 1.

(a) In relation to the authorization under this subchapter to engage in undertakings, programs, enterprises, and activities involving research and development and other programs involving the establishment and encouragement of scientific and technological research, the Director of the Arkansas Economic Development Commission shall have all the powers necessary to carry out programs which include, but are not limited to: (1) Funding basic research at Arkansas colleges and universities as specified in § 15-3-110 ; (2) Stimulating applied research partnerships between private industry and Arkansas colleges and universities and matching funds from private sources for proposed applied research projects as specified in § 15-3-110 ; (3) Assisting small businesses in identifying and applying for funds to conduct research and development work on innovative technical ideas; (4) Transferring knowledge and technology from college, university, and government laboratories to private industry; (5) Creating, in cooperation with Arkansas colleges and universities, facilities to foster the growth of technology-based enterprises; (6) Developing emerging product and process technologies which contribute to business and economic growth; (7) Engaging in innovative demonstration and pilot projects involving improved education and preparation of the future workforce in the areas of science, technology, and mathematics; and (8) Transferring knowledge and technology from colleges, universities, government entities and laboratories, and other sources of innovation to public schools.

(1) Funding basic research at Arkansas colleges and universities as specified in § 15-3-110 ;

(2) Stimulating applied research partnerships between private industry and Arkansas colleges and universities and matching funds from private sources for proposed applied research projects as specified in § 15-3-110 ;

(3) Assisting small businesses in identifying and applying for funds to conduct research and development work on innovative technical ideas;

(4) Transferring knowledge and technology from college, university, and government laboratories to private industry;

(5) Creating, in cooperation with Arkansas colleges and universities, facilities to foster the growth of technology-based enterprises;

(6) Developing emerging product and process technologies which contribute to business and economic growth;

(7) Engaging in innovative demonstration and pilot projects involving improved education and preparation of the future workforce in the areas of science, technology, and mathematics; and

(8) Transferring knowledge and technology from colleges, universities, government entities and laboratories, and other sources of innovation to public schools.

(b) In establishing and maintaining the programs authorized by this section, the director may utilize moneys as are lawfully available to the director for supporting the purposes of the Division of Science and Technology of the Arkansas Economic Development Commission.

Amended by Act 2019, No. 910,§ 337, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 336, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 2, eff. 8/1/2017.

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

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

Acts 1983, No. 859, § 15; 1985, No. 409, § 13; A.S.A. 1947, § 6-1615; Acts 1987, No. 210, § 1; 1989, No. 271, § 1; 1995, No. 456, § 1.
Ark. Code Ann. § 15-76-302 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-302
Definitions
Status: in_force

As used in this subchapter: (1) "Aquifer" means any subsurface geological interval in which brine may lie or from which brine is being produced and saved or sold for the primary purpose of extracting chemical substances contained in the subsurface geological interval; (2) (A) "Brine" means salt water, whether contained in or removed from an aquifer, and all other chemical substances produced with or extracted from such salt water except for commercial production of oil and gas. (B) "Brine" does not include brine produced as an incident to the production of oil and gas, unless the brine is saved or sold for the purpose of extracting the chemical substances in the brine; (3) "Brine expansion unit" means each separate composite area of land so designated by order of the Oil and Gas Commission as an expansion area adjacent to an existing brine production unit for the production of brine or the injection of effluent; (4) "Brine production unit" means each separate composite area of land so designated by order of the commission for the production of brine and the injection of effluent; (5) "Commission" means the Oil and Gas Commission; (6) "Director" means the Director of Production and Conservation; (7) "Effluent" means the liquid remaining after extraction of any chemical substances from brine and any other material or chemicals in solution therein or associated therewith; (8) "Injection well" means a well utilized for injecting effluent or other substances into an aquifer for disposal purposes; (9) "Just and equitable share of brine" of an owner in: (A) A brine production unit or brine expansion unit containing one (1) or more production wells means that part of the actual production of brine from the brine production unit or brine expansion unit that is in the same proportion to the total production of brine from the brine production unit or brine expansion unit as the interest of the owner in the brine of the brine production unit or brine expansion unit expressed in surface acres is to the total surface acreage of the brine production unit or brine expansion unit; and (B) A brine expansion unit containing only one (1) or more injection wells means that part of the average production of brine from all production wells in the adjacent brine production unit that is in the same proportion to the average production as the interest of the owner in the brine of the brine expansion unit expressed in surface acres is to the total surface acreage of the brine expansion unit; (10) "Owner" means the person who has the right to drill into and to produce brine from an aquifer and to appropriate the production either for himself or herself or for himself or herself and another or others; (11) "Person" means any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; (12) "Producer" means the owner of an existing well or wells capable of producing brine, as well as any owner or owners who are capable and willing to incur the capital investment required for purposes of drilling, completing, and equipping the proposed well or wells within any existing or proposed brine production unit; (13) "Unit" means a brine production unit or a brine expansion unit; and (14) "Waste" in addition to its ordinary meaning shall include: (A) Inefficient, excessive, or improper use or dissipation of energy or alteration of fluid levels contained within an aquifer; and the location, spacing, drilling, or operating of any producing or injection well or wells in a manner which results in a significant reduction in the economic recoverability of brine from an aquifer or the chemical substances contained therein; (B) Abuse of the correlative rights and opportunities of each owner of brine in an aquifer due to nonuniform and disproportionate withdrawals causing undue drainage between units; (C) Injecting effluent or other wastes in a manner as to cause unnecessary water channeling or undue forced migration of brine between units; (D) The undue drowning with effluent of any stratum or part of a stratum containing commercial quantities of oil or gas; or (E) The employment of any practice with respect to brine in an aquifer which results or tends to result in a significant reduction in the economic recoverability of the brine or the chemical substances contained in the brine. Amended by Act 2017, No. 374,§ 43, eff. 8/1/2017. Amended by Act 2015, No. 89,§ 1, eff. 2/13/2015. Acts 1979, No. 937, § 2; A.S.A. 1947, § 53-1302.

As used in this subchapter:

(1) "Aquifer" means any subsurface geological interval in which brine may lie or from which brine is being produced and saved or sold for the primary purpose of extracting chemical substances contained in the subsurface geological interval;

(2) (A) "Brine" means salt water, whether contained in or removed from an aquifer, and all other chemical substances produced with or extracted from such salt water except for commercial production of oil and gas. (B) "Brine" does not include brine produced as an incident to the production of oil and gas, unless the brine is saved or sold for the purpose of extracting the chemical substances in the brine;

(A) "Brine" means salt water, whether contained in or removed from an aquifer, and all other chemical substances produced with or extracted from such salt water except for commercial production of oil and gas.

(B) "Brine" does not include brine produced as an incident to the production of oil and gas, unless the brine is saved or sold for the purpose of extracting the chemical substances in the brine;

(3) "Brine expansion unit" means each separate composite area of land so designated by order of the Oil and Gas Commission as an expansion area adjacent to an existing brine production unit for the production of brine or the injection of effluent;

(4) "Brine production unit" means each separate composite area of land so designated by order of the commission for the production of brine and the injection of effluent;

(5) "Commission" means the Oil and Gas Commission;

(6) "Director" means the Director of Production and Conservation;

(7) "Effluent" means the liquid remaining after extraction of any chemical substances from brine and any other material or chemicals in solution therein or associated therewith;

(8) "Injection well" means a well utilized for injecting effluent or other substances into an aquifer for disposal purposes;

(9) "Just and equitable share of brine" of an owner in: (A) A brine production unit or brine expansion unit containing one (1) or more production wells means that part of the actual production of brine from the brine production unit or brine expansion unit that is in the same proportion to the total production of brine from the brine production unit or brine expansion unit as the interest of the owner in the brine of the brine production unit or brine expansion unit expressed in surface acres is to the total surface acreage of the brine production unit or brine expansion unit; and (B) A brine expansion unit containing only one (1) or more injection wells means that part of the average production of brine from all production wells in the adjacent brine production unit that is in the same proportion to the average production as the interest of the owner in the brine of the brine expansion unit expressed in surface acres is to the total surface acreage of the brine expansion unit;

(A) A brine production unit or brine expansion unit containing one (1) or more production wells means that part of the actual production of brine from the brine production unit or brine expansion unit that is in the same proportion to the total production of brine from the brine production unit or brine expansion unit as the interest of the owner in the brine of the brine production unit or brine expansion unit expressed in surface acres is to the total surface acreage of the brine production unit or brine expansion unit; and

(B) A brine expansion unit containing only one (1) or more injection wells means that part of the average production of brine from all production wells in the adjacent brine production unit that is in the same proportion to the average production as the interest of the owner in the brine of the brine expansion unit expressed in surface acres is to the total surface acreage of the brine expansion unit;

(10) "Owner" means the person who has the right to drill into and to produce brine from an aquifer and to appropriate the production either for himself or herself or for himself or herself and another or others;

(11) "Person" means any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;

(12) "Producer" means the owner of an existing well or wells capable of producing brine, as well as any owner or owners who are capable and willing to incur the capital investment required for purposes of drilling, completing, and equipping the proposed well or wells within any existing or proposed brine production unit;

(13) "Unit" means a brine production unit or a brine expansion unit; and

(14) "Waste" in addition to its ordinary meaning shall include: (A) Inefficient, excessive, or improper use or dissipation of energy or alteration of fluid levels contained within an aquifer; and the location, spacing, drilling, or operating of any producing or injection well or wells in a manner which results in a significant reduction in the economic recoverability of brine from an aquifer or the chemical substances contained therein; (B) Abuse of the correlative rights and opportunities of each owner of brine in an aquifer due to nonuniform and disproportionate withdrawals causing undue drainage between units; (C) Injecting effluent or other wastes in a manner as to cause unnecessary water channeling or undue forced migration of brine between units; (D) The undue drowning with effluent of any stratum or part of a stratum containing commercial quantities of oil or gas; or (E) The employment of any practice with respect to brine in an aquifer which results or tends to result in a significant reduction in the economic recoverability of the brine or the chemical substances contained in the brine.

(A) Inefficient, excessive, or improper use or dissipation of energy or alteration of fluid levels contained within an aquifer; and the location, spacing, drilling, or operating of any producing or injection well or wells in a manner which results in a significant reduction in the economic recoverability of brine from an aquifer or the chemical substances contained therein;

(B) Abuse of the correlative rights and opportunities of each owner of brine in an aquifer due to nonuniform and disproportionate withdrawals causing undue drainage between units;

(C) Injecting effluent or other wastes in a manner as to cause unnecessary water channeling or undue forced migration of brine between units;

(D) The undue drowning with effluent of any stratum or part of a stratum containing commercial quantities of oil or gas; or

(E) The employment of any practice with respect to brine in an aquifer which results or tends to result in a significant reduction in the economic recoverability of the brine or the chemical substances contained in the brine.

Amended by Act 2017, No. 374,§ 43, eff. 8/1/2017.

Amended by Act 2015, No. 89,§ 1, eff. 2/13/2015.

Acts 1979, No. 937, § 2; A.S.A. 1947, § 53-1302.
Ark. Code Ann. § 15-20-904 — AR Code / Title 15 / Chapter 20 / Subchapter 9 / Section 15-20-904
Registration
Status: in_force

(a) The Department of Agriculture shall operate an annual registration program for the purpose of assembling and maintaining information on the number, composition, and practices of poultry feeding operations in the state. (b) All poultry feeding operations shall register annually with the department. (c) The department shall promulgate rules that require a poultry feeding operation to submit, at a time and in a manner determined by the department, information regarding: (1) The number and kind of poultry housed or maintained in the poultry feeding operation; (2) The location of the poultry feeding operation; (3) The litter management system used; (4) The litter storage system used and the amount of litter stored; (5) The acreage owned or controlled by the poultry feeding operation and used for land application of litter; (6) The land application practices used by the poultry feeding operation and the amount of litter applied; (7) The amount and destination of litter transferred or otherwise utilized by the poultry feeding operation and the type of transfer or utilization; (8) The poultry processor or processors with which the poultry feeding operation has contracted to provide poultry; and (9) Any other relevant information necessary to effect the purposes of this subchapter. (d) Each poultry feeding operation required to register under this subchapter shall pay an annual fee established by rule by the department. (e) All rules shall be promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) (1) Information collected about an individual poultry feeding operation shall not be a public record. (2) Compilation or summary information that prevents identification of individual poultry feeding operations shall be a public record. Amended by Act 2023, No. 600,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1117, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1116, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 63, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 62, eff. 7/1/2019. Acts 2003, No. 1060, § 1.

(a) The Department of Agriculture shall operate an annual registration program for the purpose of assembling and maintaining information on the number, composition, and practices of poultry feeding operations in the state.

(b) All poultry feeding operations shall register annually with the department.

(c) The department shall promulgate rules that require a poultry feeding operation to submit, at a time and in a manner determined by the department, information regarding: (1) The number and kind of poultry housed or maintained in the poultry feeding operation; (2) The location of the poultry feeding operation; (3) The litter management system used; (4) The litter storage system used and the amount of litter stored; (5) The acreage owned or controlled by the poultry feeding operation and used for land application of litter; (6) The land application practices used by the poultry feeding operation and the amount of litter applied; (7) The amount and destination of litter transferred or otherwise utilized by the poultry feeding operation and the type of transfer or utilization; (8) The poultry processor or processors with which the poultry feeding operation has contracted to provide poultry; and (9) Any other relevant information necessary to effect the purposes of this subchapter.

(1) The number and kind of poultry housed or maintained in the poultry feeding operation;

(2) The location of the poultry feeding operation;

(3) The litter management system used;

(4) The litter storage system used and the amount of litter stored;

(5) The acreage owned or controlled by the poultry feeding operation and used for land application of litter;

(6) The land application practices used by the poultry feeding operation and the amount of litter applied;

(7) The amount and destination of litter transferred or otherwise utilized by the poultry feeding operation and the type of transfer or utilization;

(8) The poultry processor or processors with which the poultry feeding operation has contracted to provide poultry; and

(9) Any other relevant information necessary to effect the purposes of this subchapter.

(d) Each poultry feeding operation required to register under this subchapter shall pay an annual fee established by rule by the department.

(e) All rules shall be promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(f) (1) Information collected about an individual poultry feeding operation shall not be a public record. (2) Compilation or summary information that prevents identification of individual poultry feeding operations shall be a public record.

(1) Information collected about an individual poultry feeding operation shall not be a public record.

(2) Compilation or summary information that prevents identification of individual poultry feeding operations shall be a public record.

Amended by Act 2023, No. 600,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 1117, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1116, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 63, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 62, eff. 7/1/2019.

Acts 2003, No. 1060, § 1.
Ark. Code Ann. § 15-3-116 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-116
Deposit of moneys - Audit
Status: in_force

(a) All moneys coming into the hands of the Division of Science and Technology of the Arkansas Economic Development Commission shall be deposited into one (1) or more financial institutions selected by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission and authorized to do business in this state. (b) Moneys received by the division from appropriations of the General Assembly shall be deposited, administered, and accounted for in such manner as the General Assembly may provide. (c) The director shall provide for an audit to be performed and accepted by a certified public accountant or firm within sixty (60) days following the conclusion of each fiscal year of the division and shall file copies thereof with the Legislative Joint Auditing Committee. (d) The Legislative Joint Auditing Committee may accept such audit report or direct an audit of the financial record of the division by the staff of the Legislative Joint Auditing Committee. (e) Notwithstanding any other law to the contrary regarding general revenue year-end fund balances, any moneys received from the repayment of seed capital investments authorized by the division and expensed from the Seed Capital Investments line item in the Division of Science and Technology - State Operations Section of Acts 2023, No. 605, shall: (1) Be deposited into the State Treasury to the credit of the Arkansas Economic Development Commission Fund Account; and (2) Remain in the account to be made available solely for the benefit of the division to provide additional seed capital investments. Amended by Act 2023, No. 605,§ 44, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 346, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 345, 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 1983, No. 859, § 7; A.S.A. 1947, § 6-1607.

(a) All moneys coming into the hands of the Division of Science and Technology of the Arkansas Economic Development Commission shall be deposited into one (1) or more financial institutions selected by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission and authorized to do business in this state.

(b) Moneys received by the division from appropriations of the General Assembly shall be deposited, administered, and accounted for in such manner as the General Assembly may provide.

(c) The director shall provide for an audit to be performed and accepted by a certified public accountant or firm within sixty (60) days following the conclusion of each fiscal year of the division and shall file copies thereof with the Legislative Joint Auditing Committee.

(d) The Legislative Joint Auditing Committee may accept such audit report or direct an audit of the financial record of the division by the staff of the Legislative Joint Auditing Committee.

(e) Notwithstanding any other law to the contrary regarding general revenue year-end fund balances, any moneys received from the repayment of seed capital investments authorized by the division and expensed from the Seed Capital Investments line item in the Division of Science and Technology - State Operations Section of Acts 2023, No. 605, shall: (1) Be deposited into the State Treasury to the credit of the Arkansas Economic Development Commission Fund Account; and (2) Remain in the account to be made available solely for the benefit of the division to provide additional seed capital investments.

(1) Be deposited into the State Treasury to the credit of the Arkansas Economic Development Commission Fund Account; and

(2) Remain in the account to be made available solely for the benefit of the division to provide additional seed capital investments.

Amended by Act 2023, No. 605,§ 44, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 346, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 345, 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 1983, No. 859, § 7; A.S.A. 1947, § 6-1607.
Ark. Code Ann. § 15-4-608 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-608
Guaranty agreement provisions
Status: in_force

Guaranty agreements entered into by the Arkansas Economic Development Council under the provisions of this subchapter with respect to Act No. 9 bonds issued by any municipality or county or the Arkansas Development Finance Authority shall provide, among other things, that: (1) (A) The council guarantees and the council is required to use the funds on deposit in the Revenue Bond Guaranty Reserve Account to meet amortization payments as guaranteed under this subchapter as the payments become due in the event and to the extent the issuer of the bonds is unable to meet such payments in accordance with the terms of the bond indenture when called on to do so by the trustee of the bondholders. (B) Whenever the council, acting under the terms of the guaranty agreement, deems it necessary to assume the obligation of maintenance of any building or facility, the amortization payments of which the council has guaranteed under the provisions of this subchapter, the council may use funds on deposit in the account to pay insurance and maintenance costs required for the preservation of the building or facility and to protect the reserve account from loss or to minimize losses in such manner as deemed necessary and advisable by the council; and (2) (A) The guaranty shall not be a general obligation of the council or of the State of Arkansas but shall be a special obligation. In no event shall the guaranty constitute an indebtedness of the council or of the State of Arkansas within the meaning of any constitutional or statutory limitation. (B) Each guaranty agreement shall: (i) Have plainly stated on the face thereof that: (a) It has been entered into under the provisions of this subchapter; (b) It does not constitute an indebtedness of the council or the State of Arkansas within any constitutional or statutory limitation; and (c) The full faith and credit of the State of Arkansas or any of its revenues are not pledged to meet any of the obligations of the council under such a guaranty agreement; and (ii) State that the obligation of the council under the guaranty shall be limited to the funds available in the account as authorized in this subchapter. Acts 1967, No. 173, § 7; 1969, No. 397, § 3(c); A.S.A. 1947, § 9-565; Acts 1987 (1st Ex. Sess.), No. 39, § 4.

Guaranty agreements entered into by the Arkansas Economic Development Council under the provisions of this subchapter with respect to Act No. 9 bonds issued by any municipality or county or the Arkansas Development Finance Authority shall provide, among other things, that:

(1) (A) The council guarantees and the council is required to use the funds on deposit in the Revenue Bond Guaranty Reserve Account to meet amortization payments as guaranteed under this subchapter as the payments become due in the event and to the extent the issuer of the bonds is unable to meet such payments in accordance with the terms of the bond indenture when called on to do so by the trustee of the bondholders. (B) Whenever the council, acting under the terms of the guaranty agreement, deems it necessary to assume the obligation of maintenance of any building or facility, the amortization payments of which the council has guaranteed under the provisions of this subchapter, the council may use funds on deposit in the account to pay insurance and maintenance costs required for the preservation of the building or facility and to protect the reserve account from loss or to minimize losses in such manner as deemed necessary and advisable by the council; and

(A) The council guarantees and the council is required to use the funds on deposit in the Revenue Bond Guaranty Reserve Account to meet amortization payments as guaranteed under this subchapter as the payments become due in the event and to the extent the issuer of the bonds is unable to meet such payments in accordance with the terms of the bond indenture when called on to do so by the trustee of the bondholders.

(B) Whenever the council, acting under the terms of the guaranty agreement, deems it necessary to assume the obligation of maintenance of any building or facility, the amortization payments of which the council has guaranteed under the provisions of this subchapter, the council may use funds on deposit in the account to pay insurance and maintenance costs required for the preservation of the building or facility and to protect the reserve account from loss or to minimize losses in such manner as deemed necessary and advisable by the council; and

(2) (A) The guaranty shall not be a general obligation of the council or of the State of Arkansas but shall be a special obligation. In no event shall the guaranty constitute an indebtedness of the council or of the State of Arkansas within the meaning of any constitutional or statutory limitation. (B) Each guaranty agreement shall: (i) Have plainly stated on the face thereof that: (a) It has been entered into under the provisions of this subchapter; (b) It does not constitute an indebtedness of the council or the State of Arkansas within any constitutional or statutory limitation; and (c) The full faith and credit of the State of Arkansas or any of its revenues are not pledged to meet any of the obligations of the council under such a guaranty agreement; and (ii) State that the obligation of the council under the guaranty shall be limited to the funds available in the account as authorized in this subchapter.

(A) The guaranty shall not be a general obligation of the council or of the State of Arkansas but shall be a special obligation. In no event shall the guaranty constitute an indebtedness of the council or of the State of Arkansas within the meaning of any constitutional or statutory limitation.

(B) Each guaranty agreement shall: (i) Have plainly stated on the face thereof that: (a) It has been entered into under the provisions of this subchapter; (b) It does not constitute an indebtedness of the council or the State of Arkansas within any constitutional or statutory limitation; and (c) The full faith and credit of the State of Arkansas or any of its revenues are not pledged to meet any of the obligations of the council under such a guaranty agreement; and (ii) State that the obligation of the council under the guaranty shall be limited to the funds available in the account as authorized in this subchapter.

(i) Have plainly stated on the face thereof that: (a) It has been entered into under the provisions of this subchapter; (b) It does not constitute an indebtedness of the council or the State of Arkansas within any constitutional or statutory limitation; and (c) The full faith and credit of the State of Arkansas or any of its revenues are not pledged to meet any of the obligations of the council under such a guaranty agreement; and

(a) It has been entered into under the provisions of this subchapter;

(b) It does not constitute an indebtedness of the council or the State of Arkansas within any constitutional or statutory limitation; and

(c) The full faith and credit of the State of Arkansas or any of its revenues are not pledged to meet any of the obligations of the council under such a guaranty agreement; and

(ii) State that the obligation of the council under the guaranty shall be limited to the funds available in the account as authorized in this subchapter.

Acts 1967, No. 173, § 7; 1969, No. 397, § 3(c); A.S.A. 1947, § 9-565; Acts 1987 (1st Ex. Sess.), No. 39, § 4.
Ark. Code Ann. § 15-22-611 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-611
Bonds - Authorizing resolution, trust indenture, and selection of projects
Status: in_force

(a) (1) All bonds issued under this subchapter shall be authorized by resolution of the Arkansas Natural Resources Commission. (2) Each resolution shall contain terms, covenants, and conditions as deemed desirable, including without limitation, those pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the commission, and the holders and the registered owners of the bonds. (3) All bonds issued under this subchapter shall be on a parity as to security. (4) (A) The resolution of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with a bank or banks located within or without the state, containing any of the terms, covenants, and conditions referred to in subdivision (a)(2) of this section. (B) The trust indenture or trust indentures shall be binding upon the state and its officers and officials to the extent set forth in this subchapter. (b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved: (1) To apply to the payment of debt service on the bonds issued or secured thereunder all or any part of the revenues derived from any project financed by such bonds; and (2) To the extent of the revenues referred to in subdivision (b)(1) of this section, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation, the general revenues for allocation required to be transferred under § 15-22-616 . (c) The commission shall endeavor to select projects for financing and development under this subchapter which offer reasonable and realistic prospects of the production of revenues, whether by sales of water to municipalities or other public bodies, sales of water to industry, or otherwise. Acts 1981, No. 496, § 6; A.S.A. 1947, § 21-2306.

(a) (1) All bonds issued under this subchapter shall be authorized by resolution of the Arkansas Natural Resources Commission. (2) Each resolution shall contain terms, covenants, and conditions as deemed desirable, including without limitation, those pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the commission, and the holders and the registered owners of the bonds. (3) All bonds issued under this subchapter shall be on a parity as to security. (4) (A) The resolution of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with a bank or banks located within or without the state, containing any of the terms, covenants, and conditions referred to in subdivision (a)(2) of this section. (B) The trust indenture or trust indentures shall be binding upon the state and its officers and officials to the extent set forth in this subchapter.

(1) All bonds issued under this subchapter shall be authorized by resolution of the Arkansas Natural Resources Commission.

(2) Each resolution shall contain terms, covenants, and conditions as deemed desirable, including without limitation, those pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the commission, and the holders and the registered owners of the bonds.

(A) The establishment and maintenance of funds and accounts;

(B) The deposit and investment of revenues and of bond proceeds; and

(C) The rights and obligations of the state, its officers and officials, the commission, and the holders and the registered owners of the bonds.

(3) All bonds issued under this subchapter shall be on a parity as to security.

(4) (A) The resolution of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with a bank or banks located within or without the state, containing any of the terms, covenants, and conditions referred to in subdivision (a)(2) of this section. (B) The trust indenture or trust indentures shall be binding upon the state and its officers and officials to the extent set forth in this subchapter.

(A) The resolution of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with a bank or banks located within or without the state, containing any of the terms, covenants, and conditions referred to in subdivision (a)(2) of this section.

(B) The trust indenture or trust indentures shall be binding upon the state and its officers and officials to the extent set forth in this subchapter.

(b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved: (1) To apply to the payment of debt service on the bonds issued or secured thereunder all or any part of the revenues derived from any project financed by such bonds; and (2) To the extent of the revenues referred to in subdivision (b)(1) of this section, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation, the general revenues for allocation required to be transferred under § 15-22-616 .

(1) To apply to the payment of debt service on the bonds issued or secured thereunder all or any part of the revenues derived from any project financed by such bonds; and

(2) To the extent of the revenues referred to in subdivision (b)(1) of this section, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation, the general revenues for allocation required to be transferred under § 15-22-616 .

(c) The commission shall endeavor to select projects for financing and development under this subchapter which offer reasonable and realistic prospects of the production of revenues, whether by sales of water to municipalities or other public bodies, sales of water to industry, or otherwise.

Acts 1981, No. 496, § 6; A.S.A. 1947, § 21-2306.
Ark. Code Ann. § 15-56-406 — AR Code / Title 15 / Chapter 56 / Subchapter 4 / Section 15-56-406
Trustee
Status: in_force

(a) The trustee shall be under the continuing control of the circuit court. The court may remove the trustee at will, and upon the death, removal, or resignation of the trustee, the court may appoint his or her successor. (b) The trustee, by and with the consent and approval of the court, may invest the funds coming into his or her hands in those securities into which guardians are authorized to invest the moneys of their wards. (c) As compensation for his or her services, the trustee shall be allowed whatever sum the court may fix, not exceeding five percent (5%) of moneys collected by him or her. (d) The court may at any time require the trustee to execute an additional bond. (e) The trustee shall: (1) Faithfully account for all moneys coming into his or her hands; (2) File annual written verified reports of his or her accounts as trustee with the court of his or her appointment for its approval or rejection; and (3) Upon the death of the life tenant, pay over to the persons then entitled thereto all of the moneys so accrued, together with any investment thereof, upon order of the circuit court. Acts 1961, No. 94, § 7; A.S.A. 1947, § 52-221.

(a) The trustee shall be under the continuing control of the circuit court. The court may remove the trustee at will, and upon the death, removal, or resignation of the trustee, the court may appoint his or her successor.

(b) The trustee, by and with the consent and approval of the court, may invest the funds coming into his or her hands in those securities into which guardians are authorized to invest the moneys of their wards.

(c) As compensation for his or her services, the trustee shall be allowed whatever sum the court may fix, not exceeding five percent (5%) of moneys collected by him or her.

(d) The court may at any time require the trustee to execute an additional bond.

(e) The trustee shall: (1) Faithfully account for all moneys coming into his or her hands; (2) File annual written verified reports of his or her accounts as trustee with the court of his or her appointment for its approval or rejection; and (3) Upon the death of the life tenant, pay over to the persons then entitled thereto all of the moneys so accrued, together with any investment thereof, upon order of the circuit court.

(1) Faithfully account for all moneys coming into his or her hands;

(2) File annual written verified reports of his or her accounts as trustee with the court of his or her appointment for its approval or rejection; and

(3) Upon the death of the life tenant, pay over to the persons then entitled thereto all of the moneys so accrued, together with any investment thereof, upon order of the circuit court.

Acts 1961, No. 94, § 7; A.S.A. 1947, § 52-221.
Ark. Code Ann. § 15-5-708 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-708
Applications - Supporting documents
Status: in_force

Each small-business person requesting a loan or guaranty or qualified investment under this subchapter shall submit to the Arkansas Development Finance Authority an application, supporting documents, and instruments as may be required by the rules promulgated by the authority pursuant to this subchapter and approved by a majority vote of the Board of Directors of the Arkansas Development Finance Authority. Amended by Act 2019, No. 315,§ 1086, eff. 7/24/2019. Acts 1989, No. 623, § 7; 1993, No. 183, § 4; 1995, No. 1329, § 6.

Each small-business person requesting a loan or guaranty or qualified investment under this subchapter shall submit to the Arkansas Development Finance Authority an application, supporting documents, and instruments as may be required by the rules promulgated by the authority pursuant to this subchapter and approved by a majority vote of the Board of Directors of the Arkansas Development Finance Authority.

Amended by Act 2019, No. 315,§ 1086, eff. 7/24/2019.

Acts 1989, No. 623, § 7; 1993, No. 183, § 4; 1995, No. 1329, § 6.
Ark. Code Ann. § 15-58-203 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-203
Director - Powers and duties
Status: in_force

(a) The authority shall be vested in the Director of the Division of Environmental Quality and such other persons as designated by the director to administer and enforce the provisions of this chapter. The director shall seek the accomplishment of the purposes of this chapter by all practicable and economically feasible methods, and in doing so, shall have the following duties and powers: (1) To make those expenditures which he or she deems necessary to accomplish the purposes of this chapter; (2) To issue permits and set permit fees pursuant to the provisions in this chapter; (3) To conduct settlement conferences pursuant to the provisions in this chapter; (4) To prepare and require permittees to prepare reports; (5) To enter on and inspect a surface coal mining operation and all records related thereto which are subject to the provisions of this chapter upon presentation of appropriate identifying credentials; (6) To issue or modify orders requiring an operator to take actions that are reasonably necessary to comply with this chapter or rules issued pursuant to this chapter; (7) To issue an order ordering a cessation of surface coal mining or reclamation operations or revoking the permit of an operator who has failed to comply with an order of the director to take action required by this chapter or rules issued pursuant to this chapter; or, in the event the permit is revoked, to cause the operator's performance bond, cash, or collateral securities to be forfeited if it is determined that it is necessary to reclaim the area of land affected by the operator's surface coal mining operation; (8) To require training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations; (9) To receive by gift, grant, donation, or otherwise any sum of money, or assistance from any person or the United States, its agencies, the State of Arkansas, or any agency or political subdivision thereof, for the enactment and enforcement of this chapter and the mining and reclamation of land affected by surface coal mining operations; (10) To conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations by contract, grant, or otherwise; (11) To collect and disseminate to the public, information considered reasonable and necessary for the proper enforcement of this chapter; (12) To employ such officers, agents, employees, and professional personnel, including legal counsel, as the director deems necessary for the performance of his or her powers and duties, and to prescribe the powers and duties and to fix the compensation of officers, agents, employees, and professional personnel; (13) To contract upon such terms as the director may agree upon for legal, financial, engineering, and other professional services necessary to expedite the conduct of the affairs of the Division of Environmental Quality under the provisions of this chapter; (14) To enter into cooperative projects or contracts with federal agencies, state boards, agencies, and soil and water conservation districts having expertise for the purposes of obtaining professional and technical services necessary to implement the provisions of this chapter; and to transfer funds to those boards, agencies, or districts; (15) To enter into a cooperative agreement with the United States Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within this state; (16) To represent the state in all matters involving or affecting the interest of the state and its residents relative to the proceedings before any federal agencies, officers, and congressional committees, and in all judicial actions arising out of the proceedings of such agencies, offices, and committees, or in relation thereto, and to appear in the courts and before agencies of this state or in other states in order to carry out the purposes of this chapter; (17) To commence and prosecute all forms of legal actions as may be necessary to carry out the purposes of this chapter, including legal actions against the United States Secretary of the Interior and the United States Office of Surface Mining Reclamation and Enforcement; (18) To establish for the purpose of avoiding duplication a process for coordinating inspections and the review and issuance of permits for surface coal mining and reclamation operations with any other federal or state permit process applicable to the proposed operations; (19) To submit to the United States Secretary of the Interior a state abandoned mine reclamation program, annual projects which will carry out the purpose of the state abandoned mine reclamation program, and other reports as the United States Secretary of the Interior may require or as may be necessary in the administration of the state abandoned mine reclamation program; and to submit to the United States Congress annual reports on January 1 of each year on operations under the state abandoned mine reclamation program, together with recommendations as to further uses of the fund; (20) To apply for, receive, and segregate the state abandoned mine reclamation funds into a special account, to spend the moneys in accordance with the provisions of this chapter and the rules issued by the Arkansas Pollution Control and Ecology Commission, and to prepare and submit to the United States Secretary of the Interior information as required in the administration of the state abandoned mine reclamation program; (21) To sell land acquired pursuant to the state abandoned mine reclamation program by public sale under a system of competitive bidding at not less than fair market value and in accordance with rules issued by the commission; (22) To construct and operate plants for the control and treatment of water pollution resulting from mine drainage; and (23) To perform other duties and acts required by and provided for in this chapter or reasonably necessary to carry out the purposes of this chapter or the rules issued pursuant to this chapter. (b) The director shall have the right to grant variances to the requirements of this chapter and the rules issued pursuant to this chapter in the issuance of any permit pursuant to this chapter or, upon application of a permittee to amend an issued permit to allow a variance when variances are permitted by an amendment to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, subsequent to the enactment of this chapter. Amended by Act 2019, No. 315,§ 1182, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1181, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1180, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1179, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3142, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3141, eff. 7/1/2019. Acts 1979, No. 134, §§ 5, 37; A.S.A. 1947, §§ 52-939, 52-971; Acts 1999, No. 1164, § 145.

(a) The authority shall be vested in the Director of the Division of Environmental Quality and such other persons as designated by the director to administer and enforce the provisions of this chapter. The director shall seek the accomplishment of the purposes of this chapter by all practicable and economically feasible methods, and in doing so, shall have the following duties and powers: (1) To make those expenditures which he or she deems necessary to accomplish the purposes of this chapter; (2) To issue permits and set permit fees pursuant to the provisions in this chapter; (3) To conduct settlement conferences pursuant to the provisions in this chapter; (4) To prepare and require permittees to prepare reports; (5) To enter on and inspect a surface coal mining operation and all records related thereto which are subject to the provisions of this chapter upon presentation of appropriate identifying credentials; (6) To issue or modify orders requiring an operator to take actions that are reasonably necessary to comply with this chapter or rules issued pursuant to this chapter; (7) To issue an order ordering a cessation of surface coal mining or reclamation operations or revoking the permit of an operator who has failed to comply with an order of the director to take action required by this chapter or rules issued pursuant to this chapter; or, in the event the permit is revoked, to cause the operator's performance bond, cash, or collateral securities to be forfeited if it is determined that it is necessary to reclaim the area of land affected by the operator's surface coal mining operation; (8) To require training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations; (9) To receive by gift, grant, donation, or otherwise any sum of money, or assistance from any person or the United States, its agencies, the State of Arkansas, or any agency or political subdivision thereof, for the enactment and enforcement of this chapter and the mining and reclamation of land affected by surface coal mining operations; (10) To conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations by contract, grant, or otherwise; (11) To collect and disseminate to the public, information considered reasonable and necessary for the proper enforcement of this chapter; (12) To employ such officers, agents, employees, and professional personnel, including legal counsel, as the director deems necessary for the performance of his or her powers and duties, and to prescribe the powers and duties and to fix the compensation of officers, agents, employees, and professional personnel; (13) To contract upon such terms as the director may agree upon for legal, financial, engineering, and other professional services necessary to expedite the conduct of the affairs of the Division of Environmental Quality under the provisions of this chapter; (14) To enter into cooperative projects or contracts with federal agencies, state boards, agencies, and soil and water conservation districts having expertise for the purposes of obtaining professional and technical services necessary to implement the provisions of this chapter; and to transfer funds to those boards, agencies, or districts; (15) To enter into a cooperative agreement with the United States Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within this state; (16) To represent the state in all matters involving or affecting the interest of the state and its residents relative to the proceedings before any federal agencies, officers, and congressional committees, and in all judicial actions arising out of the proceedings of such agencies, offices, and committees, or in relation thereto, and to appear in the courts and before agencies of this state or in other states in order to carry out the purposes of this chapter; (17) To commence and prosecute all forms of legal actions as may be necessary to carry out the purposes of this chapter, including legal actions against the United States Secretary of the Interior and the United States Office of Surface Mining Reclamation and Enforcement; (18) To establish for the purpose of avoiding duplication a process for coordinating inspections and the review and issuance of permits for surface coal mining and reclamation operations with any other federal or state permit process applicable to the proposed operations; (19) To submit to the United States Secretary of the Interior a state abandoned mine reclamation program, annual projects which will carry out the purpose of the state abandoned mine reclamation program, and other reports as the United States Secretary of the Interior may require or as may be necessary in the administration of the state abandoned mine reclamation program; and to submit to the United States Congress annual reports on January 1 of each year on operations under the state abandoned mine reclamation program, together with recommendations as to further uses of the fund; (20) To apply for, receive, and segregate the state abandoned mine reclamation funds into a special account, to spend the moneys in accordance with the provisions of this chapter and the rules issued by the Arkansas Pollution Control and Ecology Commission, and to prepare and submit to the United States Secretary of the Interior information as required in the administration of the state abandoned mine reclamation program; (21) To sell land acquired pursuant to the state abandoned mine reclamation program by public sale under a system of competitive bidding at not less than fair market value and in accordance with rules issued by the commission; (22) To construct and operate plants for the control and treatment of water pollution resulting from mine drainage; and (23) To perform other duties and acts required by and provided for in this chapter or reasonably necessary to carry out the purposes of this chapter or the rules issued pursuant to this chapter.

(1) To make those expenditures which he or she deems necessary to accomplish the purposes of this chapter;

(2) To issue permits and set permit fees pursuant to the provisions in this chapter;

(3) To conduct settlement conferences pursuant to the provisions in this chapter;

(4) To prepare and require permittees to prepare reports;

(5) To enter on and inspect a surface coal mining operation and all records related thereto which are subject to the provisions of this chapter upon presentation of appropriate identifying credentials;

(6) To issue or modify orders requiring an operator to take actions that are reasonably necessary to comply with this chapter or rules issued pursuant to this chapter;

(7) To issue an order ordering a cessation of surface coal mining or reclamation operations or revoking the permit of an operator who has failed to comply with an order of the director to take action required by this chapter or rules issued pursuant to this chapter; or, in the event the permit is revoked, to cause the operator's performance bond, cash, or collateral securities to be forfeited if it is determined that it is necessary to reclaim the area of land affected by the operator's surface coal mining operation;

(8) To require training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations;

(9) To receive by gift, grant, donation, or otherwise any sum of money, or assistance from any person or the United States, its agencies, the State of Arkansas, or any agency or political subdivision thereof, for the enactment and enforcement of this chapter and the mining and reclamation of land affected by surface coal mining operations;

(10) To conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations by contract, grant, or otherwise;

(11) To collect and disseminate to the public, information considered reasonable and necessary for the proper enforcement of this chapter;

(12) To employ such officers, agents, employees, and professional personnel, including legal counsel, as the director deems necessary for the performance of his or her powers and duties, and to prescribe the powers and duties and to fix the compensation of officers, agents, employees, and professional personnel;

(13) To contract upon such terms as the director may agree upon for legal, financial, engineering, and other professional services necessary to expedite the conduct of the affairs of the Division of Environmental Quality under the provisions of this chapter;

(14) To enter into cooperative projects or contracts with federal agencies, state boards, agencies, and soil and water conservation districts having expertise for the purposes of obtaining professional and technical services necessary to implement the provisions of this chapter; and to transfer funds to those boards, agencies, or districts;

(15) To enter into a cooperative agreement with the United States Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within this state;

(16) To represent the state in all matters involving or affecting the interest of the state and its residents relative to the proceedings before any federal agencies, officers, and congressional committees, and in all judicial actions arising out of the proceedings of such agencies, offices, and committees, or in relation thereto, and to appear in the courts and before agencies of this state or in other states in order to carry out the purposes of this chapter;

(17) To commence and prosecute all forms of legal actions as may be necessary to carry out the purposes of this chapter, including legal actions against the United States Secretary of the Interior and the United States Office of Surface Mining Reclamation and Enforcement;

(18) To establish for the purpose of avoiding duplication a process for coordinating inspections and the review and issuance of permits for surface coal mining and reclamation operations with any other federal or state permit process applicable to the proposed operations;

(19) To submit to the United States Secretary of the Interior a state abandoned mine reclamation program, annual projects which will carry out the purpose of the state abandoned mine reclamation program, and other reports as the United States Secretary of the Interior may require or as may be necessary in the administration of the state abandoned mine reclamation program; and to submit to the United States Congress annual reports on January 1 of each year on operations under the state abandoned mine reclamation program, together with recommendations as to further uses of the fund;

(20) To apply for, receive, and segregate the state abandoned mine reclamation funds into a special account, to spend the moneys in accordance with the provisions of this chapter and the rules issued by the Arkansas Pollution Control and Ecology Commission, and to prepare and submit to the United States Secretary of the Interior information as required in the administration of the state abandoned mine reclamation program;

(21) To sell land acquired pursuant to the state abandoned mine reclamation program by public sale under a system of competitive bidding at not less than fair market value and in accordance with rules issued by the commission;

(22) To construct and operate plants for the control and treatment of water pollution resulting from mine drainage; and

(23) To perform other duties and acts required by and provided for in this chapter or reasonably necessary to carry out the purposes of this chapter or the rules issued pursuant to this chapter.

(b) The director shall have the right to grant variances to the requirements of this chapter and the rules issued pursuant to this chapter in the issuance of any permit pursuant to this chapter or, upon application of a permittee to amend an issued permit to allow a variance when variances are permitted by an amendment to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, subsequent to the enactment of this chapter.

Amended by Act 2019, No. 315,§ 1182, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1181, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1180, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1179, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3142, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3141, eff. 7/1/2019.

Acts 1979, No. 134, §§ 5, 37; A.S.A. 1947, §§ 52-939, 52-971; Acts 1999, No. 1164, § 145.
Ark. Code Ann. § 15-22-1212 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1212
Powers of county conservation board
Status: in_force

(a) Each Sparta Aquifer critical groundwater county conservation board shall have the power to: (1) Sue and be sued and complain and defend in the name of the board; (2) Adopt a seal which may be altered at the board's pleasure and use it as the board determines; (3) Acquire, construct, and develop any water facilities; (4) Withdraw, store, transport, treat, and distribute water and engage in activities related or appropriate thereto; (5) Acquire, own, lease, and operate any lands, buildings, fixtures, equipment, personalty, and other properties, real, personal, or mixed, tangible or intangible, as may be appropriate to its powers and the purposes of this subchapter; (6) (A) Sell and issue bonds secured by and payable from its revenues and enter into such trust indentures and other documents and undertakings as may be appropriate thereto. The bonds shall be payable over a period of not more than forty (40) years and shall bear interest at an interest rate or rates not to exceed that set forth in Arkansas Constitution, Amendment 65. (B) The bonds shall be sold for such price and by such method as shall be determined by the board, and the bonds and interest thereon shall be exempt from all state, county, and municipal taxes; (7) Apply the proceeds of revenue bonds and sales and use tax bonds issued by the county and municipalities within the county for the acquisition, construction, and development of water facilities, as may be agreed to by the county and such municipalities; (8) Have and exercise the power of eminent domain for the purpose of acquiring lands, rights-of-way, and other properties necessary in the construction or operation of any water facilities in the manner now provided by the condemnation laws of this state for acquiring private property for public use; (9) Accept gifts or grants of money, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real, personal, or mixed, tangible or intangible; (10) Make any and all contracts necessary or convenient for the exercise of the powers granted in this subchapter, including, without limitation, contracts with other boards and with municipalities and counties; (11) Fix, regulate, and collect rates, fees, rents, and other charges for water sold by the board and for the use of water facilities and for services furnished by the board, any such rates to be just, reasonable, and nondiscriminatory; (12) Conduct its affairs within and without this state; (13) Elect, appoint, or employ officers, agents, attorneys, engineers, and such other personnel as it shall deem necessary and to fix their compensation and to establish the use and application of the board's revenues; (14) Enter upon private premises for the purpose of carrying out this subchapter, including a determination of the capacity of the Sparta Aquifer, and for compliance with the Department of Health rules concerning the health and safety of the water systems; (15) Accept appropriations and grants from the State of Arkansas and from the United States upon such terms and conditions as may be imposed by law, rule, or regulation; (16) Require that anyone drilling a water well into the Sparta Aquifer designated critical by the Arkansas Natural Resources Commission shall file a copy of the report required to be filed with the Commission on Water Well Construction pursuant to § 17-50-104 with the board; (17) Require monitoring of all wells determined to be operated as registered water users or significant water users; and (18) Exercise all powers necessary and appropriate to accomplish the improvement plan and such other powers as may be set forth in this subchapter or as may be necessary or appropriate to carry out its purposes and the purpose of this subchapter. (b) Notwithstanding the powers conferred by this section, a board shall comply with the laws of this state regarding the acquisition, storage, transportation, distribution, treatment, or disposal of water. (c) The board shall have the power, pursuant to appropriate agreement, to expend and invest the proceeds of bonds and other obligations, whether secured by revenues or taxes or otherwise, issued by the county or by any municipality in the county. Amended by Act 2019, No. 315,§ 1142, eff. 7/24/2019. Amended by Act 2017, No. 374,§ 34, eff. 8/1/2017. Acts 1999, No. 1050, § 12.

(a) Each Sparta Aquifer critical groundwater county conservation board shall have the power to: (1) Sue and be sued and complain and defend in the name of the board; (2) Adopt a seal which may be altered at the board's pleasure and use it as the board determines; (3) Acquire, construct, and develop any water facilities; (4) Withdraw, store, transport, treat, and distribute water and engage in activities related or appropriate thereto; (5) Acquire, own, lease, and operate any lands, buildings, fixtures, equipment, personalty, and other properties, real, personal, or mixed, tangible or intangible, as may be appropriate to its powers and the purposes of this subchapter; (6) (A) Sell and issue bonds secured by and payable from its revenues and enter into such trust indentures and other documents and undertakings as may be appropriate thereto. The bonds shall be payable over a period of not more than forty (40) years and shall bear interest at an interest rate or rates not to exceed that set forth in Arkansas Constitution, Amendment 65. (B) The bonds shall be sold for such price and by such method as shall be determined by the board, and the bonds and interest thereon shall be exempt from all state, county, and municipal taxes; (7) Apply the proceeds of revenue bonds and sales and use tax bonds issued by the county and municipalities within the county for the acquisition, construction, and development of water facilities, as may be agreed to by the county and such municipalities; (8) Have and exercise the power of eminent domain for the purpose of acquiring lands, rights-of-way, and other properties necessary in the construction or operation of any water facilities in the manner now provided by the condemnation laws of this state for acquiring private property for public use; (9) Accept gifts or grants of money, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real, personal, or mixed, tangible or intangible; (10) Make any and all contracts necessary or convenient for the exercise of the powers granted in this subchapter, including, without limitation, contracts with other boards and with municipalities and counties; (11) Fix, regulate, and collect rates, fees, rents, and other charges for water sold by the board and for the use of water facilities and for services furnished by the board, any such rates to be just, reasonable, and nondiscriminatory; (12) Conduct its affairs within and without this state; (13) Elect, appoint, or employ officers, agents, attorneys, engineers, and such other personnel as it shall deem necessary and to fix their compensation and to establish the use and application of the board's revenues; (14) Enter upon private premises for the purpose of carrying out this subchapter, including a determination of the capacity of the Sparta Aquifer, and for compliance with the Department of Health rules concerning the health and safety of the water systems; (15) Accept appropriations and grants from the State of Arkansas and from the United States upon such terms and conditions as may be imposed by law, rule, or regulation; (16) Require that anyone drilling a water well into the Sparta Aquifer designated critical by the Arkansas Natural Resources Commission shall file a copy of the report required to be filed with the Commission on Water Well Construction pursuant to § 17-50-104 with the board; (17) Require monitoring of all wells determined to be operated as registered water users or significant water users; and (18) Exercise all powers necessary and appropriate to accomplish the improvement plan and such other powers as may be set forth in this subchapter or as may be necessary or appropriate to carry out its purposes and the purpose of this subchapter.

(1) Sue and be sued and complain and defend in the name of the board;

(2) Adopt a seal which may be altered at the board's pleasure and use it as the board determines;

(3) Acquire, construct, and develop any water facilities;

(4) Withdraw, store, transport, treat, and distribute water and engage in activities related or appropriate thereto;

(5) Acquire, own, lease, and operate any lands, buildings, fixtures, equipment, personalty, and other properties, real, personal, or mixed, tangible or intangible, as may be appropriate to its powers and the purposes of this subchapter;

(6) (A) Sell and issue bonds secured by and payable from its revenues and enter into such trust indentures and other documents and undertakings as may be appropriate thereto. The bonds shall be payable over a period of not more than forty (40) years and shall bear interest at an interest rate or rates not to exceed that set forth in Arkansas Constitution, Amendment 65. (B) The bonds shall be sold for such price and by such method as shall be determined by the board, and the bonds and interest thereon shall be exempt from all state, county, and municipal taxes;

(A) Sell and issue bonds secured by and payable from its revenues and enter into such trust indentures and other documents and undertakings as may be appropriate thereto. The bonds shall be payable over a period of not more than forty (40) years and shall bear interest at an interest rate or rates not to exceed that set forth in Arkansas Constitution, Amendment 65.

(B) The bonds shall be sold for such price and by such method as shall be determined by the board, and the bonds and interest thereon shall be exempt from all state, county, and municipal taxes;

(7) Apply the proceeds of revenue bonds and sales and use tax bonds issued by the county and municipalities within the county for the acquisition, construction, and development of water facilities, as may be agreed to by the county and such municipalities;

(8) Have and exercise the power of eminent domain for the purpose of acquiring lands, rights-of-way, and other properties necessary in the construction or operation of any water facilities in the manner now provided by the condemnation laws of this state for acquiring private property for public use;

(9) Accept gifts or grants of money, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real, personal, or mixed, tangible or intangible;

(10) Make any and all contracts necessary or convenient for the exercise of the powers granted in this subchapter, including, without limitation, contracts with other boards and with municipalities and counties;

(11) Fix, regulate, and collect rates, fees, rents, and other charges for water sold by the board and for the use of water facilities and for services furnished by the board, any such rates to be just, reasonable, and nondiscriminatory;

(12) Conduct its affairs within and without this state;

(13) Elect, appoint, or employ officers, agents, attorneys, engineers, and such other personnel as it shall deem necessary and to fix their compensation and to establish the use and application of the board's revenues;

(14) Enter upon private premises for the purpose of carrying out this subchapter, including a determination of the capacity of the Sparta Aquifer, and for compliance with the Department of Health rules concerning the health and safety of the water systems;

(15) Accept appropriations and grants from the State of Arkansas and from the United States upon such terms and conditions as may be imposed by law, rule, or regulation;

(16) Require that anyone drilling a water well into the Sparta Aquifer designated critical by the Arkansas Natural Resources Commission shall file a copy of the report required to be filed with the Commission on Water Well Construction pursuant to § 17-50-104 with the board;

(17) Require monitoring of all wells determined to be operated as registered water users or significant water users; and

(18) Exercise all powers necessary and appropriate to accomplish the improvement plan and such other powers as may be set forth in this subchapter or as may be necessary or appropriate to carry out its purposes and the purpose of this subchapter.

(b) Notwithstanding the powers conferred by this section, a board shall comply with the laws of this state regarding the acquisition, storage, transportation, distribution, treatment, or disposal of water.

(c) The board shall have the power, pursuant to appropriate agreement, to expend and invest the proceeds of bonds and other obligations, whether secured by revenues or taxes or otherwise, issued by the county or by any municipality in the county.

Amended by Act 2019, No. 315,§ 1142, eff. 7/24/2019.

Amended by Act 2017, No. 374,§ 34, eff. 8/1/2017.

Acts 1999, No. 1050, § 12.
Ark. Code Ann. § 15-75-320 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-320
Sales restrictions
Status: in_force

(a) No dealer shall sell or offer for sale liquefied petroleum gas or conduct liquefied petroleum gas operations of any type in any area of this state in which certified personnel are not readily available for proper and efficient service to the users' containers, systems, or appurtenances. (b) Each existing or new permit issued by the Liquefied Petroleum Gas Board shall designate accurately the county or counties in which the holder may conduct liquefied petroleum gas operations. (c) No dealer shall sell or offer for sale liquefied petroleum gas or conduct liquefied petroleum gas operations of any type in any county or counties not shown on and authorized by a current permit. (d) (1) Any dealer desiring to enlarge or expand liquefied petroleum gas service beyond his or her permitted counties may add a contiguous county to his or her permit by: (A) Providing thirty (30) days' written notice of his or her intention to the director; and (B) Paying a permit fee of three hundred dollars ($300) for each additional county to be included under the permit. (2) The director shall report any additional counties included under a class one permit issued under subdivision (d)(1) of this section to the board at its next meeting. Acts 1965, No. 31, § 25; A.S.A. 1947, § 53-724; Acts 1999, No. 1577, § 10; 2001, No. 1219, § 2; 2007, No. 733, § 8.

(a) No dealer shall sell or offer for sale liquefied petroleum gas or conduct liquefied petroleum gas operations of any type in any area of this state in which certified personnel are not readily available for proper and efficient service to the users' containers, systems, or appurtenances.

(b) Each existing or new permit issued by the Liquefied Petroleum Gas Board shall designate accurately the county or counties in which the holder may conduct liquefied petroleum gas operations.

(c) No dealer shall sell or offer for sale liquefied petroleum gas or conduct liquefied petroleum gas operations of any type in any county or counties not shown on and authorized by a current permit.

(d) (1) Any dealer desiring to enlarge or expand liquefied petroleum gas service beyond his or her permitted counties may add a contiguous county to his or her permit by: (A) Providing thirty (30) days' written notice of his or her intention to the director; and (B) Paying a permit fee of three hundred dollars ($300) for each additional county to be included under the permit. (2) The director shall report any additional counties included under a class one permit issued under subdivision (d)(1) of this section to the board at its next meeting.

(1) Any dealer desiring to enlarge or expand liquefied petroleum gas service beyond his or her permitted counties may add a contiguous county to his or her permit by: (A) Providing thirty (30) days' written notice of his or her intention to the director; and (B) Paying a permit fee of three hundred dollars ($300) for each additional county to be included under the permit.

(A) Providing thirty (30) days' written notice of his or her intention to the director; and

(B) Paying a permit fee of three hundred dollars ($300) for each additional county to be included under the permit.

(2) The director shall report any additional counties included under a class one permit issued under subdivision (d)(1) of this section to the board at its next meeting.

Acts 1965, No. 31, § 25; A.S.A. 1947, § 53-724; Acts 1999, No. 1577, § 10; 2001, No. 1219, § 2; 2007, No. 733, § 8.
Ark. Code Ann. § 15-4-1605 — AR Code / Title 15 / Chapter 4 / Subchapter 16 / Section 15-4-1605
Qualifications
Status: in_force

To qualify for the benefits of this subchapter, the entity applying must: (1) Be classified as one (1) or more of the following types of businesses: (A) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers that will employ one hundred (100) or more net new full-time permanent employees; (B) (i) Computer businesses primarily engaged in providing: (a) Computer programming services; (b) Design and development of prepackaged software; (c) Digital content production and preservation; (d) Computer processing and data preparation services; (e) Information retrieval services; and (f) Computer and data processing consulting and developing. (ii) All businesses in the group described in subdivision (1)(B)(i) of this section shall: (a) Employ twenty-five (25) or more net new full-time permanent employees; (b) Derive at least seventy-five percent (75%) of the business's revenue from out-of-state sales; and (c) Have no retail sales to the general public; (C) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731 that will employ fifty (50) or more net new full-time permanent employees; (D) (i) Businesses primarily engaged in motion picture production that will employ fifty (50) or more net new full-time permanent employees. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public; (E) A distribution center with no retail sales to the general public unless seventy-five percent (75%) of the sales revenues are from out-of-state customers and that will employ one hundred (100) or more net new full-time permanent employees; (F) An office sector business with no retail sales to the general public and that will employ fifty (50) or more net new full-time permanent employees; (G) A national, corporate, or regional headquarters with no retail sales to the general public that will employ fifty (50) or more net new full-time permanent employees; and (H) A coal mining operation that employs twenty-five (25) or more net new full-time permanent employees; (2) Hire the requisite number of net new full-time permanent employees within twenty-four (24) months following the date the financial incentive plan was entered into with the Arkansas Economic Development Commission; (3) Agree to certify to the Department of Finance and Administration the number of net new full-time permanent employees and the net new full-time permanent employees' payroll once the number of net new full-time permanent employees reaches the requisite number provided in subdivision (1) of this section and recertify the number and payroll of the net new full-time permanent employees annually thereafter during the term of the financial incentive plan so that the department can determine the amount of money to be deposited into the Economic Development Incentive Fund; and (4) Agree to certify to the department within thirty (30) days after the number of net new full-time permanent employees falls below the required numbers enumerated in subdivision (1) of this section. Acts 1993, No. 788, § 5; 1993, No. 851, § 5; 1995, No. 590, § 2; 1997, No. 807, §§ 19, 20; 1999, No. 584, § 4; 2001, No. 1054, §§ 4-6; 2001 No. 1065, § 3; 2005, No. 1962, §§ 58, 59.

To qualify for the benefits of this subchapter, the entity applying must:

(1) Be classified as one (1) or more of the following types of businesses: (A) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers that will employ one hundred (100) or more net new full-time permanent employees; (B) (i) Computer businesses primarily engaged in providing: (a) Computer programming services; (b) Design and development of prepackaged software; (c) Digital content production and preservation; (d) Computer processing and data preparation services; (e) Information retrieval services; and (f) Computer and data processing consulting and developing. (ii) All businesses in the group described in subdivision (1)(B)(i) of this section shall: (a) Employ twenty-five (25) or more net new full-time permanent employees; (b) Derive at least seventy-five percent (75%) of the business's revenue from out-of-state sales; and (c) Have no retail sales to the general public; (C) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731 that will employ fifty (50) or more net new full-time permanent employees; (D) (i) Businesses primarily engaged in motion picture production that will employ fifty (50) or more net new full-time permanent employees. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public; (E) A distribution center with no retail sales to the general public unless seventy-five percent (75%) of the sales revenues are from out-of-state customers and that will employ one hundred (100) or more net new full-time permanent employees; (F) An office sector business with no retail sales to the general public and that will employ fifty (50) or more net new full-time permanent employees; (G) A national, corporate, or regional headquarters with no retail sales to the general public that will employ fifty (50) or more net new full-time permanent employees; and (H) A coal mining operation that employs twenty-five (25) or more net new full-time permanent employees;

(A) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers that will employ one hundred (100) or more net new full-time permanent employees;

(B) (i) Computer businesses primarily engaged in providing: (a) Computer programming services; (b) Design and development of prepackaged software; (c) Digital content production and preservation; (d) Computer processing and data preparation services; (e) Information retrieval services; and (f) Computer and data processing consulting and developing. (ii) All businesses in the group described in subdivision (1)(B)(i) of this section shall: (a) Employ twenty-five (25) or more net new full-time permanent employees; (b) Derive at least seventy-five percent (75%) of the business's revenue from out-of-state sales; and (c) Have no retail sales to the general public;

(i) Computer businesses primarily engaged in providing: (a) Computer programming services; (b) Design and development of prepackaged software; (c) Digital content production and preservation; (d) Computer processing and data preparation services; (e) Information retrieval services; and (f) Computer and data processing consulting and developing.

(a) Computer programming services;

(b) Design and development of prepackaged software;

(c) Digital content production and preservation;

(d) Computer processing and data preparation services;

(e) Information retrieval services; and

(f) Computer and data processing consulting and developing.

(ii) All businesses in the group described in subdivision (1)(B)(i) of this section shall: (a) Employ twenty-five (25) or more net new full-time permanent employees; (b) Derive at least seventy-five percent (75%) of the business's revenue from out-of-state sales; and (c) Have no retail sales to the general public;

(a) Employ twenty-five (25) or more net new full-time permanent employees;

(b) Derive at least seventy-five percent (75%) of the business's revenue from out-of-state sales; and

(c) Have no retail sales to the general public;

(C) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731 that will employ fifty (50) or more net new full-time permanent employees;

(D) (i) Businesses primarily engaged in motion picture production that will employ fifty (50) or more net new full-time permanent employees. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public;

(i) Businesses primarily engaged in motion picture production that will employ fifty (50) or more net new full-time permanent employees.

(ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public;

(E) A distribution center with no retail sales to the general public unless seventy-five percent (75%) of the sales revenues are from out-of-state customers and that will employ one hundred (100) or more net new full-time permanent employees;

(F) An office sector business with no retail sales to the general public and that will employ fifty (50) or more net new full-time permanent employees;

(G) A national, corporate, or regional headquarters with no retail sales to the general public that will employ fifty (50) or more net new full-time permanent employees; and

(H) A coal mining operation that employs twenty-five (25) or more net new full-time permanent employees;

(2) Hire the requisite number of net new full-time permanent employees within twenty-four (24) months following the date the financial incentive plan was entered into with the Arkansas Economic Development Commission;

(3) Agree to certify to the Department of Finance and Administration the number of net new full-time permanent employees and the net new full-time permanent employees' payroll once the number of net new full-time permanent employees reaches the requisite number provided in subdivision (1) of this section and recertify the number and payroll of the net new full-time permanent employees annually thereafter during the term of the financial incentive plan so that the department can determine the amount of money to be deposited into the Economic Development Incentive Fund; and

(4) Agree to certify to the department within thirty (30) days after the number of net new full-time permanent employees falls below the required numbers enumerated in subdivision (1) of this section.

Acts 1993, No. 788, § 5; 1993, No. 851, § 5; 1995, No. 590, § 2; 1997, No. 807, §§ 19, 20; 1999, No. 584, § 4; 2001, No. 1054, §§ 4-6; 2001 No. 1065, § 3; 2005, No. 1962, §§ 58, 59.
Ark. Code Ann. § 15-72-406 — AR Code / Title 15 / Chapter 72 / Subchapter 4 / Section 15-72-406
Sale - Application of proceeds
Status: in_force

(a) (1) Sales of illegal oil, illegal gas, or illegal product seized under the authority of this act, and notices of those sales, shall be in accordance with the laws of this state relating to the sale and disposition of attached property. (2) However, where the property is in the custody of a conservator, the sale shall be held by the conservator and not by the sheriff. (3) For his or her services hereunder, the conservator shall receive a reasonable fee to be paid out of the proceeds of the sale, to be fixed by the court ordering the sale. (b) The court may order that the commodity be sold in specified lots or portions, and at specified intervals, instead of being sold at one time. (c) Title to the amount sold shall pass as of the date of the act which is found by the court to make the commodity contraband. (d) The judgment shall provide for payment of the proceeds of the sale into the Oil and Gas Commission Fund, after first deducting the costs in connection with the proceedings and the sale. (e) The amount sold shall be treated as legal oil, legal gas, or legal product, as the case may be, in the hands of the purchaser, but the purchaser and the commodity shall be subject to all applicable laws, and rules, regulations, and orders with respect to further sale or purchase or acquisition, and with respect to the transportation, refining, processing, or handling in any other way, of the commodity purchased. (f) No oil, gas, or illegal product shall be sold for less than the average market value at the time of sale of similar products of like grade and character. Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.

(a) (1) Sales of illegal oil, illegal gas, or illegal product seized under the authority of this act, and notices of those sales, shall be in accordance with the laws of this state relating to the sale and disposition of attached property. (2) However, where the property is in the custody of a conservator, the sale shall be held by the conservator and not by the sheriff. (3) For his or her services hereunder, the conservator shall receive a reasonable fee to be paid out of the proceeds of the sale, to be fixed by the court ordering the sale.

(1) Sales of illegal oil, illegal gas, or illegal product seized under the authority of this act, and notices of those sales, shall be in accordance with the laws of this state relating to the sale and disposition of attached property.

(2) However, where the property is in the custody of a conservator, the sale shall be held by the conservator and not by the sheriff.

(3) For his or her services hereunder, the conservator shall receive a reasonable fee to be paid out of the proceeds of the sale, to be fixed by the court ordering the sale.

(b) The court may order that the commodity be sold in specified lots or portions, and at specified intervals, instead of being sold at one time.

(c) Title to the amount sold shall pass as of the date of the act which is found by the court to make the commodity contraband.

(d) The judgment shall provide for payment of the proceeds of the sale into the Oil and Gas Commission Fund, after first deducting the costs in connection with the proceedings and the sale.

(e) The amount sold shall be treated as legal oil, legal gas, or legal product, as the case may be, in the hands of the purchaser, but the purchaser and the commodity shall be subject to all applicable laws, and rules, regulations, and orders with respect to further sale or purchase or acquisition, and with respect to the transportation, refining, processing, or handling in any other way, of the commodity purchased.

(f) No oil, gas, or illegal product shall be sold for less than the average market value at the time of sale of similar products of like grade and character.

Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.
Ark. Code Ann. § 15-4-3709 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3709
Local workforce development boards
Status: in_force

(a) There shall be established by July 1, 2015, and certified by the Governor, a local workforce development board in each local workforce development area to carry out the functions described in § 15-4-3711 . (b) The Governor, in partnership with the Arkansas Workforce Development Board, shall establish criteria for use by chief elected officials in the local workforce development areas for appointment of members of the local workforce development boards. (c) The criteria shall require, at a minimum, that the membership of each local workforce development board be so constituted that: (1) A majority of the members of each local workforce development board are representatives of business in the local workforce development area who: (A) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority; (B) Represent businesses, including small businesses, or organizations representing businesses described in this subdivision (c)(1), that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local workforce development area; and (C) Are appointed from among individuals nominated by local business organizations and business trade associations; (2) Not less than twenty percent (20%) of the members of each local workforce development board are representatives of the workforce within the local workforce development area who: (A) Include representatives of labor organizations for a local workforce development area in which employees are represented by labor organizations who have been nominated by local labor federations or for a local workforce development area in which no employees are represented by such organizations, or other representatives of employees; (B) Include a representative who is a member of a labor organization or a training director from a joint labor-management apprenticeship program or, if no such joint program exists in the local workforce development area, a representative of an apprenticeship program in the local workforce development area, if such a program exists; (C) May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including without limitation organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and (D) May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including without limitation representatives of organizations that serve out-of-school youth; (3) Each local workforce development board includes representatives of entities administering education and training activities in the local workforce development area who: (A) Include a representative of eligible providers administering adult education and literacy activities; (B) Include a representative of institutions of higher education providing workforce investment activities, including without limitation community colleges; and (C) May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment; (4) Each local workforce development board includes representatives of governmental and economic and community development entities serving the local workforce development area who: (A) Include a representative of economic and community development entities; (B) Include an appropriate representative from the state employment service office under the Wagner-Peyser Act, 29 U.S.C. § 49 et seq., serving the local workforce development area; (C) Include an appropriate representative of the programs carried out under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732 , or 29 U.S.C. § 741 , serving the local workforce development area; (D) May include representatives of agencies or entities administering programs serving the local workforce development area relating to transportation, housing, and public assistance; and (E) May include representatives of philanthropic organizations serving the local workforce development area; and (5) Each local workforce development board may include other individuals or representatives of entities that the chief elected official in the local workforce development area may determine to be appropriate. (d) The members of the local workforce development board shall elect a chairperson annually for the local workforce development board from among the business representatives described in subdivision (c)(1) of this section. (e) Each local workforce development board shall meet at least quarterly and may meet more often at the call of the chairperson or upon the written request of a majority of the members of the local workforce development board. (f) A simple majority of the local workforce development board shall constitute a quorum. (g) (1) The chief elected official in a local workforce development area may appoint the members of the local workforce development board for the local workforce development area in accordance with the criteria under this section. (2) If a local workforce development area includes more than one (1) unit of general local government, the chief elected officials of the units shall execute an agreement that specifies the respective roles of the individual chief elected officials: (A) In the appointment of the members of the local workforce development board from the individuals nominated or recommended to be members under subsection (b) of this section; and (B) In carrying out other responsibilities assigned to the chief elected officials under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128. (3) If, after a reasonable effort, the chief elected officials are unable to reach agreement, the Governor may appoint the members of the local workforce development board from among the individuals nominated or recommended for those memberships. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

(a) There shall be established by July 1, 2015, and certified by the Governor, a local workforce development board in each local workforce development area to carry out the functions described in § 15-4-3711 .

(b) The Governor, in partnership with the Arkansas Workforce Development Board, shall establish criteria for use by chief elected officials in the local workforce development areas for appointment of members of the local workforce development boards.

(c) The criteria shall require, at a minimum, that the membership of each local workforce development board be so constituted that: (1) A majority of the members of each local workforce development board are representatives of business in the local workforce development area who: (A) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority; (B) Represent businesses, including small businesses, or organizations representing businesses described in this subdivision (c)(1), that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local workforce development area; and (C) Are appointed from among individuals nominated by local business organizations and business trade associations; (2) Not less than twenty percent (20%) of the members of each local workforce development board are representatives of the workforce within the local workforce development area who: (A) Include representatives of labor organizations for a local workforce development area in which employees are represented by labor organizations who have been nominated by local labor federations or for a local workforce development area in which no employees are represented by such organizations, or other representatives of employees; (B) Include a representative who is a member of a labor organization or a training director from a joint labor-management apprenticeship program or, if no such joint program exists in the local workforce development area, a representative of an apprenticeship program in the local workforce development area, if such a program exists; (C) May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including without limitation organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and (D) May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including without limitation representatives of organizations that serve out-of-school youth; (3) Each local workforce development board includes representatives of entities administering education and training activities in the local workforce development area who: (A) Include a representative of eligible providers administering adult education and literacy activities; (B) Include a representative of institutions of higher education providing workforce investment activities, including without limitation community colleges; and (C) May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment; (4) Each local workforce development board includes representatives of governmental and economic and community development entities serving the local workforce development area who: (A) Include a representative of economic and community development entities; (B) Include an appropriate representative from the state employment service office under the Wagner-Peyser Act, 29 U.S.C. § 49 et seq., serving the local workforce development area; (C) Include an appropriate representative of the programs carried out under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732 , or 29 U.S.C. § 741 , serving the local workforce development area; (D) May include representatives of agencies or entities administering programs serving the local workforce development area relating to transportation, housing, and public assistance; and (E) May include representatives of philanthropic organizations serving the local workforce development area; and (5) Each local workforce development board may include other individuals or representatives of entities that the chief elected official in the local workforce development area may determine to be appropriate.

(1) A majority of the members of each local workforce development board are representatives of business in the local workforce development area who: (A) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority; (B) Represent businesses, including small businesses, or organizations representing businesses described in this subdivision (c)(1), that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local workforce development area; and (C) Are appointed from among individuals nominated by local business organizations and business trade associations;

(A) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority;

(B) Represent businesses, including small businesses, or organizations representing businesses described in this subdivision (c)(1), that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local workforce development area; and

(C) Are appointed from among individuals nominated by local business organizations and business trade associations;

(2) Not less than twenty percent (20%) of the members of each local workforce development board are representatives of the workforce within the local workforce development area who: (A) Include representatives of labor organizations for a local workforce development area in which employees are represented by labor organizations who have been nominated by local labor federations or for a local workforce development area in which no employees are represented by such organizations, or other representatives of employees; (B) Include a representative who is a member of a labor organization or a training director from a joint labor-management apprenticeship program or, if no such joint program exists in the local workforce development area, a representative of an apprenticeship program in the local workforce development area, if such a program exists; (C) May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including without limitation organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and (D) May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including without limitation representatives of organizations that serve out-of-school youth;

(A) Include representatives of labor organizations for a local workforce development area in which employees are represented by labor organizations who have been nominated by local labor federations or for a local workforce development area in which no employees are represented by such organizations, or other representatives of employees;

(B) Include a representative who is a member of a labor organization or a training director from a joint labor-management apprenticeship program or, if no such joint program exists in the local workforce development area, a representative of an apprenticeship program in the local workforce development area, if such a program exists;

(C) May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including without limitation organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and

(D) May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including without limitation representatives of organizations that serve out-of-school youth;

(3) Each local workforce development board includes representatives of entities administering education and training activities in the local workforce development area who: (A) Include a representative of eligible providers administering adult education and literacy activities; (B) Include a representative of institutions of higher education providing workforce investment activities, including without limitation community colleges; and (C) May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment;

(A) Include a representative of eligible providers administering adult education and literacy activities;

(B) Include a representative of institutions of higher education providing workforce investment activities, including without limitation community colleges; and

(C) May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment;

(4) Each local workforce development board includes representatives of governmental and economic and community development entities serving the local workforce development area who: (A) Include a representative of economic and community development entities; (B) Include an appropriate representative from the state employment service office under the Wagner-Peyser Act, 29 U.S.C. § 49 et seq., serving the local workforce development area; (C) Include an appropriate representative of the programs carried out under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732 , or 29 U.S.C. § 741 , serving the local workforce development area; (D) May include representatives of agencies or entities administering programs serving the local workforce development area relating to transportation, housing, and public assistance; and (E) May include representatives of philanthropic organizations serving the local workforce development area; and

(A) Include a representative of economic and community development entities;

(B) Include an appropriate representative from the state employment service office under the Wagner-Peyser Act, 29 U.S.C. § 49 et seq., serving the local workforce development area;

(C) Include an appropriate representative of the programs carried out under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732 , or 29 U.S.C. § 741 , serving the local workforce development area;

(D) May include representatives of agencies or entities administering programs serving the local workforce development area relating to transportation, housing, and public assistance; and

(E) May include representatives of philanthropic organizations serving the local workforce development area; and

(5) Each local workforce development board may include other individuals or representatives of entities that the chief elected official in the local workforce development area may determine to be appropriate.

(d) The members of the local workforce development board shall elect a chairperson annually for the local workforce development board from among the business representatives described in subdivision (c)(1) of this section.

(e) Each local workforce development board shall meet at least quarterly and may meet more often at the call of the chairperson or upon the written request of a majority of the members of the local workforce development board.

(f) A simple majority of the local workforce development board shall constitute a quorum.

(g) (1) The chief elected official in a local workforce development area may appoint the members of the local workforce development board for the local workforce development area in accordance with the criteria under this section. (2) If a local workforce development area includes more than one (1) unit of general local government, the chief elected officials of the units shall execute an agreement that specifies the respective roles of the individual chief elected officials: (A) In the appointment of the members of the local workforce development board from the individuals nominated or recommended to be members under subsection (b) of this section; and (B) In carrying out other responsibilities assigned to the chief elected officials under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128. (3) If, after a reasonable effort, the chief elected officials are unable to reach agreement, the Governor may appoint the members of the local workforce development board from among the individuals nominated or recommended for those memberships.

(1) The chief elected official in a local workforce development area may appoint the members of the local workforce development board for the local workforce development area in accordance with the criteria under this section.

(2) If a local workforce development area includes more than one (1) unit of general local government, the chief elected officials of the units shall execute an agreement that specifies the respective roles of the individual chief elected officials: (A) In the appointment of the members of the local workforce development board from the individuals nominated or recommended to be members under subsection (b) of this section; and (B) In carrying out other responsibilities assigned to the chief elected officials under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128.

(A) In the appointment of the members of the local workforce development board from the individuals nominated or recommended to be members under subsection (b) of this section; and

(B) In carrying out other responsibilities assigned to the chief elected officials under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128.

(3) If, after a reasonable effort, the chief elected officials are unable to reach agreement, the Governor may appoint the members of the local workforce development board from among the individuals nominated or recommended for those memberships.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-76-313 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-313
Operator
Status: in_force

(a) The producer who either has incurred or shall incur the greater share or portion of the capital investment required under the plan of development and operation of the unit shall be designated by the Oil and Gas Commission as operator unless the producer refuses to serve as operator or agrees to the designation of another person to act in that capacity. (b) The operator so designated shall receive payments of amounts due and owing from owners and shall cause disbursements of amounts due and owing with respect to unleased interests in the unit, including the annual royalty provided for in § 15-76-314 . (c) Neither the order requiring operation of an area as a unit nor any other provision of this subchapter shall be construed as granting an operator any rights with respect to the surface of any tracts in a unit, nor does the subchapter deprive any landowner of any surface rights. Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.

(a) The producer who either has incurred or shall incur the greater share or portion of the capital investment required under the plan of development and operation of the unit shall be designated by the Oil and Gas Commission as operator unless the producer refuses to serve as operator or agrees to the designation of another person to act in that capacity.

(b) The operator so designated shall receive payments of amounts due and owing from owners and shall cause disbursements of amounts due and owing with respect to unleased interests in the unit, including the annual royalty provided for in § 15-76-314 .

(c) Neither the order requiring operation of an area as a unit nor any other provision of this subchapter shall be construed as granting an operator any rights with respect to the surface of any tracts in a unit, nor does the subchapter deprive any landowner of any surface rights.

Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Ark. Code Ann. § 15-31-204 — AR Code / Title 15 / Chapter 31 / Subchapter 2 / Section 15-31-204
Employee interest in the purchase of estimated timber
Status: in_force

(a) An employee of the Arkansas Forestry Commission shall not be directly or indirectly interested in the purchase of timber estimated under this subchapter. (b) If an employee of the commission violates this section or if a person aids or abets an employee of the commission in the violation of this section, upon conviction he or she is guilty of a violation and shall be fined in a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) and if employed by the commission, he or she shall be removed from employment with the commission. Amended by Act 2017, No. 374,§ 37, eff. 8/1/2017. Acts 1947, No. 163, § 4; A.S.A. 1947, § 9-720.

(a) An employee of the Arkansas Forestry Commission shall not be directly or indirectly interested in the purchase of timber estimated under this subchapter.

(b) If an employee of the commission violates this section or if a person aids or abets an employee of the commission in the violation of this section, upon conviction he or she is guilty of a violation and shall be fined in a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) and if employed by the commission, he or she shall be removed from employment with the commission.

Amended by Act 2017, No. 374,§ 37, eff. 8/1/2017.

Acts 1947, No. 163, § 4; A.S.A. 1947, § 9-720.
Ark. Code Ann. § 15-41-108 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-108
Cutting timber on commission land - Environmental impact statement
Status: in_force

(a) (1) The General Assembly recognizes the importance of preserving the environment of this state. (2) The General Assembly is further aware of the provisions of Arkansas Constitution, Amendment 35, which created the Arkansas State Game and Fish Commission and granted to the Arkansas State Game and Fish Commission broad authority to manage and regulate the fish and wildlife resources of this state. (3) It is the intent of this section to establish reasonable procedures whereby the Arkansas State Game and Fish Commission shall, in the management of the fish and wildlife resources of this state and the property belonging to the Arkansas State Game and Fish Commission to be used in connection therewith, perform such functions and duties in accordance with sound principles of environmental preservation. (4) In order to accomplish this purpose, it is the purpose of this section to establish a requirement that the Arkansas State Game and Fish Commission shall make an environmental impact statement before cutting timber on lands belonging to the Arkansas State Game and Fish Commission and to authorize the Arkansas Natural Heritage Commission to hold public hearings thereon in order to make recommendations to the Arkansas State Game and Fish Commission in regard to the environmental impact of the proposed cutting of timber upon the environment of this state. (b) (1) Before the Arkansas State Game and Fish Commission shall undertake, through its own personnel or equipment, or through contract let to a private individual or firm, the cutting of timber on lands belonging to the Arkansas State Game and Fish Commission, including selective cutting of timber if needed, the Arkansas State Game and Fish Commission shall: (A) Cause an environmental impact study to be made; (B) Prepare a written environmental impact statement in regard to the proposed timber cutting; and (C) File a copy of the environmental impact statement with the Arkansas Natural Heritage Commission. (2) Upon receipt of the environmental impact statement, the Arkansas Natural Heritage Commission shall study the proposed cutting of timber as outlined by the Arkansas State Game and Fish Commission and shall hold a public hearing within sixty (60) days of the receipt of the environmental impact statement. (3) At the hearing, the Arkansas Natural Heritage Commission shall receive testimony and evidence from the Arkansas State Game and Fish Commission and from other interested persons, groups, or associations in regard to the anticipated and probable impact upon the environment of the proposed cutting of timber as outlined by the Arkansas State Game and Fish Commission. (4) The Arkansas Natural Heritage Commission, within thirty (30) days from the date of holding the hearing, shall file with the Arkansas State Game and Fish Commission its evaluation of the proposed cutting of timber and shall include therein a statement of the Arkansas Natural Heritage Commission's recommendations in regard to the proposed cutting of timber. (5) As used in this section, the reference to proposals to cut timber, including the selective cutting of timber, if needed, on lands belonging to the Arkansas State Game and Fish Commission, shall not be applicable to the cutting or sale of salvageable timber in connection with the construction of levees, structures, access of parking areas, boat launching ramps, food plots, or roads. (c) If the Arkansas State Game and Fish Commission shall fail or refuse to make an environmental impact statement as required in subsection (a) of this section, any citizen of this state may bring an action in a court of competent jurisdiction located within the county in which the proposed timber is to be cut to enjoin the Arkansas State Game and Fish Commission from cutting the timber until an environmental impact statement is made and filed with the Arkansas Natural Heritage Commission. The Arkansas Natural Heritage Commission shall hold a public hearing thereon as required in this section and file its report and recommendations with the Arkansas State Game and Fish Commission. Acts 1975, No. 453, §§ 2, 3; A.S.A. 1947, §§ 47-135, 47-135n, 47-136.

(a) (1) The General Assembly recognizes the importance of preserving the environment of this state. (2) The General Assembly is further aware of the provisions of Arkansas Constitution, Amendment 35, which created the Arkansas State Game and Fish Commission and granted to the Arkansas State Game and Fish Commission broad authority to manage and regulate the fish and wildlife resources of this state. (3) It is the intent of this section to establish reasonable procedures whereby the Arkansas State Game and Fish Commission shall, in the management of the fish and wildlife resources of this state and the property belonging to the Arkansas State Game and Fish Commission to be used in connection therewith, perform such functions and duties in accordance with sound principles of environmental preservation. (4) In order to accomplish this purpose, it is the purpose of this section to establish a requirement that the Arkansas State Game and Fish Commission shall make an environmental impact statement before cutting timber on lands belonging to the Arkansas State Game and Fish Commission and to authorize the Arkansas Natural Heritage Commission to hold public hearings thereon in order to make recommendations to the Arkansas State Game and Fish Commission in regard to the environmental impact of the proposed cutting of timber upon the environment of this state.

(1) The General Assembly recognizes the importance of preserving the environment of this state.

(2) The General Assembly is further aware of the provisions of Arkansas Constitution, Amendment 35, which created the Arkansas State Game and Fish Commission and granted to the Arkansas State Game and Fish Commission broad authority to manage and regulate the fish and wildlife resources of this state.

(3) It is the intent of this section to establish reasonable procedures whereby the Arkansas State Game and Fish Commission shall, in the management of the fish and wildlife resources of this state and the property belonging to the Arkansas State Game and Fish Commission to be used in connection therewith, perform such functions and duties in accordance with sound principles of environmental preservation.

(4) In order to accomplish this purpose, it is the purpose of this section to establish a requirement that the Arkansas State Game and Fish Commission shall make an environmental impact statement before cutting timber on lands belonging to the Arkansas State Game and Fish Commission and to authorize the Arkansas Natural Heritage Commission to hold public hearings thereon in order to make recommendations to the Arkansas State Game and Fish Commission in regard to the environmental impact of the proposed cutting of timber upon the environment of this state.

(b) (1) Before the Arkansas State Game and Fish Commission shall undertake, through its own personnel or equipment, or through contract let to a private individual or firm, the cutting of timber on lands belonging to the Arkansas State Game and Fish Commission, including selective cutting of timber if needed, the Arkansas State Game and Fish Commission shall: (A) Cause an environmental impact study to be made; (B) Prepare a written environmental impact statement in regard to the proposed timber cutting; and (C) File a copy of the environmental impact statement with the Arkansas Natural Heritage Commission. (2) Upon receipt of the environmental impact statement, the Arkansas Natural Heritage Commission shall study the proposed cutting of timber as outlined by the Arkansas State Game and Fish Commission and shall hold a public hearing within sixty (60) days of the receipt of the environmental impact statement. (3) At the hearing, the Arkansas Natural Heritage Commission shall receive testimony and evidence from the Arkansas State Game and Fish Commission and from other interested persons, groups, or associations in regard to the anticipated and probable impact upon the environment of the proposed cutting of timber as outlined by the Arkansas State Game and Fish Commission. (4) The Arkansas Natural Heritage Commission, within thirty (30) days from the date of holding the hearing, shall file with the Arkansas State Game and Fish Commission its evaluation of the proposed cutting of timber and shall include therein a statement of the Arkansas Natural Heritage Commission's recommendations in regard to the proposed cutting of timber. (5) As used in this section, the reference to proposals to cut timber, including the selective cutting of timber, if needed, on lands belonging to the Arkansas State Game and Fish Commission, shall not be applicable to the cutting or sale of salvageable timber in connection with the construction of levees, structures, access of parking areas, boat launching ramps, food plots, or roads.

(1) Before the Arkansas State Game and Fish Commission shall undertake, through its own personnel or equipment, or through contract let to a private individual or firm, the cutting of timber on lands belonging to the Arkansas State Game and Fish Commission, including selective cutting of timber if needed, the Arkansas State Game and Fish Commission shall: (A) Cause an environmental impact study to be made; (B) Prepare a written environmental impact statement in regard to the proposed timber cutting; and (C) File a copy of the environmental impact statement with the Arkansas Natural Heritage Commission.

(A) Cause an environmental impact study to be made;

(B) Prepare a written environmental impact statement in regard to the proposed timber cutting; and

(C) File a copy of the environmental impact statement with the Arkansas Natural Heritage Commission.

(2) Upon receipt of the environmental impact statement, the Arkansas Natural Heritage Commission shall study the proposed cutting of timber as outlined by the Arkansas State Game and Fish Commission and shall hold a public hearing within sixty (60) days of the receipt of the environmental impact statement.

(3) At the hearing, the Arkansas Natural Heritage Commission shall receive testimony and evidence from the Arkansas State Game and Fish Commission and from other interested persons, groups, or associations in regard to the anticipated and probable impact upon the environment of the proposed cutting of timber as outlined by the Arkansas State Game and Fish Commission.

(4) The Arkansas Natural Heritage Commission, within thirty (30) days from the date of holding the hearing, shall file with the Arkansas State Game and Fish Commission its evaluation of the proposed cutting of timber and shall include therein a statement of the Arkansas Natural Heritage Commission's recommendations in regard to the proposed cutting of timber.

(5) As used in this section, the reference to proposals to cut timber, including the selective cutting of timber, if needed, on lands belonging to the Arkansas State Game and Fish Commission, shall not be applicable to the cutting or sale of salvageable timber in connection with the construction of levees, structures, access of parking areas, boat launching ramps, food plots, or roads.

(c) If the Arkansas State Game and Fish Commission shall fail or refuse to make an environmental impact statement as required in subsection (a) of this section, any citizen of this state may bring an action in a court of competent jurisdiction located within the county in which the proposed timber is to be cut to enjoin the Arkansas State Game and Fish Commission from cutting the timber until an environmental impact statement is made and filed with the Arkansas Natural Heritage Commission. The Arkansas Natural Heritage Commission shall hold a public hearing thereon as required in this section and file its report and recommendations with the Arkansas State Game and Fish Commission.

Acts 1975, No. 453, §§ 2, 3; A.S.A. 1947, §§ 47-135, 47-135n, 47-136.
Ark. Code Ann. § 15-4-915 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-915
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 90, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 90, eff. 7/1/2015. Acts 1957, No. 567, § 12; 1985, No. 667, § 4; A.S.A. 1947, § 67-1612; Acts 1997, No. 540, § 78.

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

Amended by Act 2015EX1, No. 8,§ 90, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 90, eff. 7/1/2015.

Acts 1957, No. 567, § 12; 1985, No. 667, § 4; A.S.A. 1947, § 67-1612; Acts 1997, No. 540, § 78.
Ark. Code Ann. § 15-4-214 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-214
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1993, No. 1172, § 41; 1997, No. 540, § 22.

Repealed by Act 2013, No. 1185,§ 1, eff. 8/16/2013.

Acts 1993, No. 1172, § 41; 1997, No. 540, § 22.
Ark. Code Ann. § 15-5-204 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-204
Prohibition on personal interests in contracts
Status: in_force

(a) (1) No officer or employee of the Arkansas Development Finance Authority for purpose of personal gain shall have or attempt to have, directly or indirectly, any interest in any contract or agreement of the authority in connection with the sale or purchase of any bonds or investments of the authority. (2) The General Assembly finds and declares, in furtherance of the public purposes set forth in § 15-5-201 , that it shall not be deemed a violation of the provisions of this section if any member of the Board of Directors of the Arkansas Development Finance Authority or any firm owned by a member or by which a member is employed, shall participate in any program of the authority, provided that such participation shall be on the same terms and subject to the same conditions governing all other participants in the program. (b) Any member, officer, employee, or agent of the authority who is found guilty of violating this section is barred from public employment in the state in any capacity for a period of five (5) years from the date he or she was found guilty of violating this section, in addition to such other penalties as may be provided by law. Amended by Act 2017, No. 374,§ 16, eff. 8/1/2017. Acts 1985, No. 1062, § 20.00; A.S.A. 1947, § 13-2920.

(a) (1) No officer or employee of the Arkansas Development Finance Authority for purpose of personal gain shall have or attempt to have, directly or indirectly, any interest in any contract or agreement of the authority in connection with the sale or purchase of any bonds or investments of the authority. (2) The General Assembly finds and declares, in furtherance of the public purposes set forth in § 15-5-201 , that it shall not be deemed a violation of the provisions of this section if any member of the Board of Directors of the Arkansas Development Finance Authority or any firm owned by a member or by which a member is employed, shall participate in any program of the authority, provided that such participation shall be on the same terms and subject to the same conditions governing all other participants in the program.

(1) No officer or employee of the Arkansas Development Finance Authority for purpose of personal gain shall have or attempt to have, directly or indirectly, any interest in any contract or agreement of the authority in connection with the sale or purchase of any bonds or investments of the authority.

(2) The General Assembly finds and declares, in furtherance of the public purposes set forth in § 15-5-201 , that it shall not be deemed a violation of the provisions of this section if any member of the Board of Directors of the Arkansas Development Finance Authority or any firm owned by a member or by which a member is employed, shall participate in any program of the authority, provided that such participation shall be on the same terms and subject to the same conditions governing all other participants in the program.

(b) Any member, officer, employee, or agent of the authority who is found guilty of violating this section is barred from public employment in the state in any capacity for a period of five (5) years from the date he or she was found guilty of violating this section, in addition to such other penalties as may be provided by law.

Amended by Act 2017, No. 374,§ 16, eff. 8/1/2017.

Acts 1985, No. 1062, § 20.00; A.S.A. 1947, § 13-2920.