reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 8 - OUACHITA RIVER COMMISSION (§§ 15-23-801 — 15-23-806) › Section 15-23-804 - Members

(a)
(1)
The Ouachita River Commission shall be composed of nine (9) members.
(2)
The members shall be appointed by the Governor as follows:
(A)
One (1) who is a resident and elector of Clark County;
(B)
One (1) who is a resident and elector of Ouachita County;
(C)
One (1) who is a resident and elector of Calhoun County;
(D)
One (1) who is a resident and elector of Union County;
(E)
One (1) who is a resident and elector of Bradley County;
(F)
One (1) who is a resident and elector of Ashley County;
(G)
One (1) who is a resident and elector of Hot Spring County;
(H)
One (1) who is a resident and elector of Dallas County; and
(I)
One (1) who is the highest-ranking official of the Ouachita River Valley Association and who is a resident of Arkansas.
(3)
The Governor's appointment shall be with the advice and consent of the Senate.
(b)
Prior to entering upon the Ouachita River Commission's duties, each member of the Ouachita River Commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.
(c)
(1)
Members shall be appointed for seven-year staggered terms to be assigned by lot.
(2)
The terms shall commence on September 1 of each year and the first term shall expire on September 1, 2001.
(3)
Every year thereafter, one (1) member's term shall expire.
(d)
The Ouachita River Commission shall annually select by majority vote one (1) of its members to serve as chair and one (1) to serve as vice chair.
(e)
In the event of a vacancy on the Ouachita River Commission for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Ouachita River Commission member in subdivision (a)(2) of this section of a person meeting the same qualifications required for initial appointment.
(f)
Members of the Ouachita River Commission shall receive no pay for their services, but whenever the General Assembly shall have appropriated funds to the Ouachita River Waterways Project Trust Fund administered by the Department of Parks, Heritage, and Tourism, they may, upon proper application to the department, be reimbursed for expenses in accordance with §
25-16-902
.
Amended by Act 2021, No. 928,§ 1, eff. 7/1/2021.
Amended by Act 2019, No. 910,§ 87, eff. 7/1/2019.
Acts 1999, No. 1532, § 4; 2001, No. 7, § 2; 2001, No. 314, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 8 - OUACHITA RIVER COMMISSION (§§ 15-23-801 — 15-23-806) › Section 15-23-805 - Funding

The Ouachita River Commission may receive and use any federal, state, or private funds, donations, and grants made available for the study, planning, and implementation of needed improvements or projects, or both, to and along the main stem of the Ouachita River.
Acts 1999, No. 1532, § 5.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 8 - OUACHITA RIVER COMMISSION (§§ 15-23-801 — 15-23-806) › Section 15-23-806 - Ouachita River Waterways Project Trust Fund

(a)
There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Ouachita River Waterways Project Trust Fund".
(b)
This fund shall consist of those moneys approved by the General Assembly and the interest income earned from the investment of funds accruing to the fund.
(c)
(1)
The fund may be used for such purposes as may be authorized by law, including, but not limited to, wildlife and recreation purposes and bank stabilization.
(2)
The funds shall not be used for bend cuts or bend widenings.
(d)
(1)
Investment of the funds available shall be by the Treasurer of State in such amounts and in such manner as may be directed by the Ouachita River Commission.
(2)
In no event, however, shall the funds be invested for longer than a continuous two-year period.
Acts 1999, No. 1532, § 6.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 9 - ARKANSAS PORT PRIORITY IMPROVEMENT PROGRAM ACT (§§ 15-23-901 — 15-23-906) › Section 15-23-901 - Title

This subchapter shall be known and cited as the "Arkansas Port Priority Improvement Program Act".
Acts 2001, No. 1546, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 9 - ARKANSAS PORT PRIORITY IMPROVEMENT PROGRAM ACT (§§ 15-23-901 — 15-23-906) › Section 15-23-902 - Definitions

As used in this subchapter:
(1)
"City" means any city of the first class, any city of the second class, or any incorporated town established by the laws of the State of Arkansas;
(2)
"County" means any county in the State of Arkansas;
(3)
"Port Priority Improvement Program" means a governmental program to award funds to port authorities to encourage the development of port infrastructure, including the engineering and construction; and
(4)
"Public Port Authority" or "port authority" means:
(A)
A port authority created under the Metropolitan Port Authority Act of 1961, §
14-185-101
et seq.;
(B)
A municipal port authority created under §
14-186-201
et seq.; and
(C)
An authority created under the Regional Intermodal Facilities Act, §
14-143-101
et seq.
Acts 2001, No. 1546, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 9 - ARKANSAS PORT PRIORITY IMPROVEMENT PROGRAM ACT (§§ 15-23-901 — 15-23-906) › Section 15-23-903 - Port Priority Improvement Fund created

There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Port Priority Improvement Fund", to consist of the funds or other moneys that may be deposited therein as provided by the General Assembly, and to be used by the Arkansas Waterways Commission for the purpose of providing financial assistance to public port authorities in the manner provided in this subchapter and for development of port infrastructure, including the engineering and construction costs.
Acts 2001, No. 1546, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 9 - ARKANSAS PORT PRIORITY IMPROVEMENT PROGRAM ACT (§§ 15-23-901 — 15-23-906) › Section 15-23-904 - Authority to establish programs

(a)
The Arkansas Waterways Commission, working in partnership with the Arkansas Economic Development Commission, may establish by rule the criteria of eligibility for awarding funds to any public port authority to aid in the development of port infrastructure, including the engineering and construction costs.
(b)
The rules shall be reviewed by the House Committee on Public Transportation and the Senate Committee on Public Transportation, Technology, and Legislative Affairs.
Amended by Act 2019, No. 315,§ 1145, eff. 7/24/2019.
Acts 2001, No. 1546, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 9 - ARKANSAS PORT PRIORITY IMPROVEMENT PROGRAM ACT (§§ 15-23-901 — 15-23-906) › Section 15-23-905 - Port Priority Improvement Program

The Arkansas Waterways Commission's rules for the Port Priority Improvement Program shall, as a minimum:
(1)
Provide for the commission to administer the program authorized under this subchapter;
(2)
Require the commission to take the necessary actions to ensure that the funds are used for the purposes for which they are to be awarded and that they are expended in accordance with all state laws and local ordinances and procedures and regulations;
(3)
Specify:
(A)
The procedure for receiving applications;
(B)
Who is eligible to apply;
(C)
The goals and objectives of the program for public port infrastructure development; and
(D)
The procedures for awarding funds;
(4)
Require the public port authority to file a performance review report with the commission for three (3) consecutive years following completion of the project comparing actual benefits with the projected benefits associated with the project as stated in the application for funding;
(5)
Require that each public port authority provide matching funds equal to at least ten percent (10%) of the estimated cost of the port infrastructure project for which an application is made;
(6)
Provide that eligible port infrastructure development projects shall be only for capital improvement projects and shall not be used for any routine maintenance or operational expenses; and
(7)
Provide that no individual port shall receive more than twenty percent (20%) of the total amount available for public port infrastructure development projects.
Amended by Act 2019, No. 315,§ 1146, eff. 7/24/2019.
Acts 2001, No. 1546, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 9 - ARKANSAS PORT PRIORITY IMPROVEMENT PROGRAM ACT (§§ 15-23-901 — 15-23-906) › Section 15-23-906 - Application and award

(a)
The Arkansas Waterways Commission shall promulgate the application format to be used in applying for funding through the Port Priority Improvement Program.
(b)
All applications shall be submitted as required by the establishing rules.
(c)
After receipt of the application, the Arkansas Waterways Commission, working in partnership with the Arkansas Economic Development Commission, shall review the applications and shall select the applications by rank order which will best fulfill the goals and objectives of the program as described by the program's rules. The Arkansas Waterways Commission shall then make awards to the applicants based on their rank order on the list of applications.
(d)
The projects may be funded until all funds available for this purpose have been expended.
Amended by Act 2019, No. 315,§ 1147, eff. 7/24/2019.
Acts 2001, No. 1546, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 10 - BUFFALO RIVER CONSERVATION COMMITTEE (§§ 15-23-1001 — 15-23-1002) › Section 15-23-1001 - Legislative findings

The General Assembly finds that:
(1)
The Buffalo National River holds distinction as the first national river in the United States of America and is a vital landmark to the people of the State of Arkansas and to the nation;
(2)
The Buffalo National River is one of the state's and indeed the nation's premier rivers and is a source of scenic beauty, a unique habitat for local biota, an agricultural resource to the state as a whole, and a preeminent tourism destination in the State of Arkansas;
(3)
The State of Arkansas is committed to the protection and preservation of this irreplaceable natural and cultural resource for all future generations of Arkansans and for the many tourists the Buffalo National River brings to the state;
(4)
The State of Arkansas recognizes the valuable contributions made by agricultural producers, the tourism industry, and the individual landowners within the Buffalo River Watershed;
(5)
There is an ongoing need for the state to partner with local stakeholders to proactively manage the Buffalo River Watershed in order to ensure the Buffalo National River is maintained to the highest level of water quality;
(6)
On September 30, 2016, the Beautiful Buffalo River Action Committee was formed by directive from the Governor to more comprehensively address conservation and environmental concerns in the Buffalo River Watershed;
(7)
The Beautiful Buffalo River Action Committee successfully developed a watershed management plan and identified areas of need within the watershed, laying the foundation for future partnership with local stakeholders, federal partners, and other partners to leverage funding for projects to improve the Buffalo River Watershed; and
(8)
The establishment of the Buffalo River Conservation Committee is necessary to establish measurable objectives and lead partnership projects to benefit water quality and resource management in the Buffalo River Watershed.
Amended by Act 2021, No. 785,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 23 - RIVERS AND CREEKS (§§ 15-23-101 — 15-23-1002) › Subchapter 10 - BUFFALO RIVER CONSERVATION COMMITTEE (§§ 15-23-1001 — 15-23-1002) › Section 15-23-1002 - Buffalo River Conservation Committee

(a)
The Buffalo River Conservation Committee is created to establish measurable objectives and lead partnership projects to benefit water quality and resource management in the Buffalo River Watershed.
(b)
The committee members shall be appointed by and serve at the pleasure of the Governor.
(c)
The committee shall be composed of the:
(1)
Secretary of the Department of Energy and Environment or his or her designee;
(2)
Secretary of the Department of Agriculture or his or her designee;
(3)
Secretary of the Department of Parks, Heritage, and Tourism or his or her designee;
(4)
Secretary of the Department of Health or his or her designee;
(5)
County judge of Newton County; and
(6)
County judge of Searcy County.
(d)
The chair of the committee shall be designated by the Governor.
(e)
The committee shall:
(1)
Work in cooperation with each member to identify opportunities to leverage each member's respective department's unique expertise, relationships, focus areas, and funding mechanisms in support of the vitality of the Buffalo River Watershed;
(2)
Conduct an annual review of the Buffalo River Watershed Management Plan and include recommendations for updates of the plan and a report on successes during the year, as identified by the committee, to be submitted to the Governor;
(3)
(A)
Establish subcommittees to lead various aspects of implementing the Buffalo River Watershed Management Plan.
(B)
The subcommittees shall identify opportunities for training, relationship building, and specific projects, all of which shall be in service to preserving and enhancing water quality within the Buffalo River Watershed;
(4)
Further develop the concepts from the Buffalo River Watershed Management Plan to incorporate additional tools and strategies as necessary;
(5)
Consciously consider and act on the most recent pertinent available data related to water quality concerns and opportunities in the Buffalo River Watershed;
(6)
Create an emphasis on action items that engage local stakeholders and landowners that have both a positive impact on water quality and are beneficial for landowners within the Buffalo River Watershed; and
(7)
Consider the continued sampling and analysis of water quality data throughout the Buffalo River Watershed as vital for informing the work of the committee and its member agencies and organizations.
(f)
In establishing subcommittees under subdivision (e)(3) of this section, the committee shall engage and include the following key stakeholders:
(1)
Local landowners;
(2)
Conservation organizations;
(3)
Environmental and technical experts;
(4)
Representatives of the tourism industry;
(5)
Local, county, and municipal officials; and
(6)
Federal partners.
Amended by Act 2021, No. 785,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 24 - FLOOD CONTROL (§§ 15-24-101 — 15-24-109) › Section 15-24-101 - Construction

(a)
Nothing in this chapter shall be construed to repeal any provisions of the existing levee or drainage laws of the state, nor to curtail the power of any governing board of any drainage district or levee district to contract directly with the federal government or any of its agencies for federal aid, loans, or gifts.
(b)
The drainage districts and levee districts are granted power to provide the necessary rights-of-way and to take any other steps or any other undertakings that may be required of the drainage districts and levee districts by the federal government to become beneficiaries of any drainage, levee, or flood control works proposed to be constructed by the federal government.
Acts 1937, No. 212, § 19; Pope's Dig., § 12194; A.S.A. 1947, § 9-811.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 24 - FLOOD CONTROL (§§ 15-24-101 — 15-24-109) › Section 15-24-103 - Rules for taking evidence

The Arkansas Natural Resources Commission shall prescribe the rules of procedure for taking of evidence in all matters that may come before it in the investigations, preparations, and hearings of matters pertaining to its duties and powers as the commission.
Acts 1937, No. 212, § 9; Pope's Dig., § 12184; A.S.A. 1947, § 9-802.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 24 - FLOOD CONTROL (§§ 15-24-101 — 15-24-109) › Section 15-24-104 - Rights of levee districts and drainage districts

(a)
The following rights of any and all levee districts or drainage districts are expressly declared, ratified, and confirmed:
(1)
The right to make compacts and contracts with the United States Government or with any agency of the United States Government or created by the United States Government, to borrow money and repay it, and to accept and receive any and all federal moneys, grants, contributions, gratuities, or loans, or aid of any nature made available by the United States Government or by any of its agencies or instrumentalities; and
(2)
The right of any and all levee districts or drainage districts to refinance their indebtedness in cooperation with any and all applicable governmental agencies and the right to proceed in pursuance of any insolvency statute or bankruptcy act adopted by the United States Congress or by the State of Arkansas.
(b)
(1)
Nothing in this chapter shall be construed to require the Arkansas Natural Resources Commission to approve or pass upon any such proceedings or bankruptcy or insolvency proceedings or litigation of any nature affecting levee districts or drainage districts.
(2)
Each and every drainage district or levee district may proceed with any and all refinancing and refunding plans, insolvency and bankruptcy proceedings, or either, and any and all litigation with like effect as if the commission had not been created.
Acts 1937, No. 212, § 12; Pope's Dig., § 12187; A.S.A. 1947, § 9-804.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 24 - FLOOD CONTROL (§§ 15-24-101 — 15-24-109) › Section 15-24-105 - Cooperation with United States - Applications for allotment or assistance

(a)
The Arkansas Natural Resources Commission is authorized and empowered on behalf of the state to:
(1)
Cooperate with the United States Department of Defense in every way contemplated by any of the acts of the United States Congress passed in connection with flood control on any of the streams in Arkansas; and
(2)
Make necessary application for allotment or assistance from the federal government, to submit all project statements, surveys, plans, specifications, and estimates and other reports or information required by the constituted federal authority, and to enter into all necessary contracts with the proper federal authorities in order to secure the full cooperation of the United States Government and the benefits of all present and future allotments in aid of flood control.
(b)
(1)
However, the jurisdiction and authority of the commission shall not extend to the works, improvements, nor to the territory embraced within any levee district or drainage district now existing or hereafter organized.
(2)
All of the limitations and reservations in favor of such levee districts or drainage districts apply as set out in §
15-24-102(c)
.
(3)
(A)
Any levee district or drainage district may voluntarily contract with the United States Government or any of its agencies of whatsoever nature and may contract voluntarily with the commission created in this chapter, subject to court approval and recordation as set out in §
15-24-102
, to the extent only as the governing board of each individual levee district or drainage district may deem proper.
(B)
This chapter shall not require approval by the commission of any application, petition, contract, improvements, legal proceedings, or any other proceedings whatsoever as to the territory within the boundaries of any levee district or drainage district or to any official act of any levee district or drainage district.
Acts 1937, No. 212, § 13; Pope's Dig., § 12188; A.S.A. 1947, § 9-805.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 24 - FLOOD CONTROL (§§ 15-24-101 — 15-24-109) › Section 15-24-106 - Compacts with other states

The Arkansas Natural Resources Commission is authorized, within the limitations of this chapter, to enter into compacts with one (1) or more states under any act or resolution of the United States Congress, subject to the reservations contained in this chapter, in behalf of the levee district or drainage district.
Acts 1937, No. 212, § 14; Pope's Dig., § 12189; A.S.A. 1947, § 9-806.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 24 - FLOOD CONTROL (§§ 15-24-101 — 15-24-109) › Section 15-24-107 - Eminent domain

(a)
The Arkansas Natural Resources Commission, when necessary for the purpose of this chapter, shall have a dominant right of eminent domain over the right of eminent domain of railroads, telegraph, telephone, gas, water power, and other companies and corporations and over counties, townships, cities, and villages.
(b)
In the exercise of this right, due care shall be taken to cause no unnecessary damage to other public utilities.
(c)
(1)
The commission shall also have the right to condemn for the use of any project any land or property necessary for the purpose of this chapter and appropriate the land or property in the same manner as lands, rights-of-way, and easements are acquired by the Arkansas Department of Transportation.
(2)
No power of eminent domain nor appropriation shall exist in the commission over any lands or property within the boundaries of any levee district or drainage district now existing or hereafter organized.
(3)
Nor shall the powers of eminent domain vested in any levee district or drainage district be limited in any manner by this chapter unless by the voluntary consent of the levee district or drainage district through its governing board by contract, to be approved and recorded in the manner provided in this chapter.
Amended by Act 2017, No. 707,§ 36, eff. 8/1/2017.
Acts 1937, No. 212, § 15; Pope's Dig., § 12190; A.S.A. 1947, § 9-807.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 24 - FLOOD CONTROL (§§ 15-24-101 — 15-24-109) › Section 15-24-108 - Receipt of federal or other funds - State Flood Control Fund

(a)
The Arkansas Natural Resources Commission is authorized to receive on behalf of the State of Arkansas any or all federal moneys, grants, contributions, gratuities, or loans available for territory and projects within the jurisdiction of the commission or hereafter made available by the United States Government or any of its agencies or instrumentalities for flood control work and improvement under such rules and regulations not inconsistent with the provisions of this chapter as may be provided by laws of the United States Congress or any federal agency or instrumentality and to receive donations, contributions, and gratuities from any other source and to pay them over to the Treasurer of State.
(b)
(1)
It shall be the duty of the Treasurer of State to set up a fund known as the "State Flood Control Fund", and all money shall be placed into the fund by the Treasurer of State.
(2)
(A)
The fund shall not be used for any purpose except the purposes set forth in this chapter.
(B)
Provided, there is reserved to all levee districts or drainage districts the authority and right to receive on behalf of the levee districts or drainage districts any and all federal moneys, grants, contributions, gratuities, loans, or other governmental aid whatsoever that may be applicable to the projects, improvements, or territory within any levee district or drainage district.
(c)
In all matters, the levee districts or drainage districts may deal directly with the United States Government and with its agencies or any of them without the approval, consent, or supervision of the commission and without being subject to its jurisdiction to any extent whatsoever, except that levee districts or drainage districts may voluntarily contract with the commission by contract to be approved and recorded as set out in this chapter.
Acts 1937, No. 212, § 16; Pope's Dig., § 12191; A.S.A. 1947, § 9-808.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 24 - FLOOD CONTROL (§§ 15-24-101 — 15-24-109) › Section 15-24-109 - Accreditation of floodplain administrators

(a)
(1)
In determining accreditation standards for floodplain administrators, the Arkansas Natural Resources Commission may consider an applicant's knowledge, experience, skills, and training in floodplain management and in minimization and prevention of flood hazards and losses.
(2)
The accreditation standards may include:
(A)
Passage of an examination;
(B)
Completion of approved training; or
(C)
Certification by a nationally recognized floodplain management organization.
(b)
Continuing training may be required for persons who want continued accreditation.
(c)
The commission may charge accreditation fees in amounts up to the following:
(1)
Original accreditation, thirty dollars ($30.00);
(2)
Annual renewal of accreditation, twenty dollars ($20.00); and
(3)
Late fee for renewal after thirty (30) days, fifteen dollars ($15.00).
(d)
(1)
Accreditation fees collected are cash funds and shall not be deposited into the State Treasury.
(2)
The cash funds shall be held and applied by the commission solely for the uses under this chapter.
(3)
The cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of:
(1)
Arkansas Constitution, Article 5, § 29;
(2)
Arkansas Constitution, Article 16, § 12;
(3)
Arkansas Constitution, Amendment 20; or
(4)
Any other constitutional or statutory provision.
Acts 2003, No. 745, § 5.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 30 - GENERAL PROVISIONS (§§ 15-30-101 — 15-30-107) › Subchapter 1 - ARKANSAS PRESCRIBED BURNING ACT (§§ 15-30-101 — 15-30-107) › Section 15-30-101 - Title

This subchapter shall be known and may be cited as the "Arkansas Prescribed Burning Act".
Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 30 - GENERAL PROVISIONS (§§ 15-30-101 — 15-30-107) › Subchapter 1 - ARKANSAS PRESCRIBED BURNING ACT (§§ 15-30-101 — 15-30-107) › Section 15-30-102 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
The prescribed burning of forestlands is a management tool that is beneficial to Arkansas's public safety, forest, and wildlife resources, environment, and economy;
(2)
The prescribed burning of forestlands reduces the naturally occurring buildup of vegetative fuels on forestlands, which reduces the risk and severity of wildfires and lessens the loss of life and property when wildfires occur;
(3)
The state's ever-increasing population is resulting in urban development directly adjacent to fire-prone forestlands, which is referred to as a wildland-urban interface area;
(4)
The use of prescribed burning in these wildland-urban interface areas substantially reduces the risk of wildfires that cause damage;
(5)
Many of Arkansas's natural ecosystems require periodic fire for their survival;
(6)
Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities;
(7)
Prescribed burning benefits game, nongame, and endangered wildlife species by increasing the growth and yield of plants that provide forage and an area for escape and brooding and that satisfy other habitat needs;
(8)
Forestlands are economic, biological, and aesthetic resources of statewide significance;
(9)
In addition to reducing the frequency and severity of wildfires, prescribed burning of forestlands helps to prepare sites for replanting and natural seeding, to control insects and diseases, and to increase productivity;
(10)
Prescribed burning enhances the resources on public use lands, such as state and national forests, wildlife refuges, nature preserves, and wildlife management areas; and
(11)
Prescribed burning enhances private lands that are managed for wildlife refuges, recreation, nature preserves, game lands, and other purposes.
(b)
It is the intent of the General Assembly that prescribed burning is conducted in Arkansas:
(1)
To reap the benefits described in subsection (a) of this section; and
(2)
In a responsible and safe manner.
Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 30 - GENERAL PROVISIONS (§§ 15-30-101 — 15-30-107) › Subchapter 1 - ARKANSAS PRESCRIBED BURNING ACT (§§ 15-30-101 — 15-30-107) › Section 15-30-103 - Definitions

As used in this subchapter:
(1)
"Landowner" means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in §
15-20-402
, lawful occupant, or person in lawful control of the premises;
(2)
(A)
"Prescribed burning" means the planned and controlled application of fire to vegetative fuels under specified weather, environmental, and other conditions, while following appropriate precautionary measures that will:
(i)
Confine the fire to a predetermined area; and
(ii)
Accomplish the intended management objectives for the area to be burned.
(B)
"Prescribed burning" does not include crop residue burning;
(3)
"Prescribed burning prescription" means a written plan establishing the conditions and methods for conducting prescribed burning that:
(A)
Is prepared by a qualified prescribed burner; and
(B)
Addresses the starting, controlling, and extinguishing of the prescribed burning; and
(4)
(A)
"Qualified prescribed burner" means an individual who has successfully completed a prescribed burner training program approved by the Department of Agriculture or the Arkansas State Game and Fish Commission.
(B)
"Qualified prescribed burner" includes an individual who has successfully completed a prescribed burner training program in another state if the prescribed burner training program is recognized and approved by the department or commission.
Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 30 - GENERAL PROVISIONS (§§ 15-30-101 — 15-30-107) › Subchapter 1 - ARKANSAS PRESCRIBED BURNING ACT (§§ 15-30-101 — 15-30-107) › Section 15-30-104 - Civil liability

(a)
A prescribed burning conducted in compliance with this subchapter is in the public interest and does not constitute a public or private nuisance.
(b)
A landowner or a landowner's agent who conducts a prescribed burning in compliance with this subchapter is not liable in a civil action for any damage or injury caused by a fire in the prescribed burning, including without limitation the reignition of a smoldering and previously contained fire or resulting from smoke, unless the claimant proves by a preponderance of the evidence that the claimant suffered damages as a result of negligence by the landowner or the landowner's agent in planning, implementing, or conducting the prescribed burning.
Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 30 - GENERAL PROVISIONS (§§ 15-30-101 — 15-30-107) › Subchapter 1 - ARKANSAS PRESCRIBED BURNING ACT (§§ 15-30-101 — 15-30-107) › Section 15-30-105 - Requirements for prescribed burning prescriptions and prescribed burnings

(a)
(1)
Before conducting a prescribed burning, a qualified prescribed burner shall develop a prescribed burning prescription.
(2)
A copy of the prescribed burning prescription developed under subdivision (a)(1) of this section shall be:
(A)
Provided to the landowner; and
(B)
Except as provided in subdivision (c)(3) of this section, in the possession of the qualified prescribed burner on the site of the prescribed burning throughout the duration of the prescribed burning.
(b)
A prescribed burning prescription shall include:
(1)
The landowner's name and address;
(2)
A description of the area to be burned;
(3)
A map of the area to be burned;
(4)
The objectives of the prescribed burning;
(5)
The name of the qualified prescribed burner responsible for conducting the prescribed burning;
(6)
A summary of the methods that the qualified prescribed burner intends to use to start, control, and extinguish the prescribed burning, based on the particular circumstances involved with the prescribed burning; and
(7)
A description of the allowable weather conditions in which the prescribed burning can be conducted.
(c)
(1)
A qualified prescribed burner shall conduct a prescribed burning in accordance with a prescribed burning prescription that satisfies subsection (b) of this section.
(2)
Except as provided in subdivision (c)(3) of this section, from the start of the prescribed burning until the prescribed burning is adequately confined to reasonably prevent escape of the prescribed burning from the area intended to be burned, the qualified prescribed burner shall be:
(A)
Present on the site of the prescribed burning; and
(B)
In charge of the prescribed burning.
(3)
A landowner may conduct a prescribed burning and be considered in compliance with this subchapter without being a qualified prescribed burner if the landowner is:
(A)
Burning a tract of forestland of one hundred (100) acres or less owned by the landowner; and
(B)
Following all conditions established in a prescribed burning prescription prepared by a qualified prescribed burner.
(d)
Before conducting a prescribed burning, a landowner or the landowner's agent shall notify the Department of Agriculture and, if requested by the department, provide the department with a copy of the prescribed burning prescription.
Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 30 - GENERAL PROVISIONS (§§ 15-30-101 — 15-30-107) › Subchapter 1 - ARKANSAS PRESCRIBED BURNING ACT (§§ 15-30-101 — 15-30-107) › Section 15-30-106 - Application of other law

A prescribed burning conducted in compliance with this subchapter is not subject to the open-air fire provisions in §§
20-22-301
-
20-22-306
.
Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 30 - GENERAL PROVISIONS (§§ 15-30-101 — 15-30-107) › Subchapter 1 - ARKANSAS PRESCRIBED BURNING ACT (§§ 15-30-101 — 15-30-107) › Section 15-30-107 - Rules

The Department of Agriculture shall promulgate rules on the requirements for becoming a qualified prescribed burner under this subchapter.
Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 31 - ARKANSAS FORESTRY COMMISSION (§§ 15-31-101 — 15-31-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 15-31-101 — 15-31-116) › Section 15-31-101 - Creation

(a)
There is created the Arkansas Forestry Commission.
(b)
It shall be the mission of the commission to promote forest resource health, conservation, and stewardship.
(c)
The commission shall cooperate with federal and state agencies, forest landowners, residents, and organizations in the prevention, detection, and suppression of wildland fires, in the control of forest insects and diseases, in the growth and distribution of forest tree seedlings, and in providing technical assistance and information relating to the most scientific methods of timber harvesting, reforestation, and forest resource protection and development, to the end that the forests throughout the state may be perpetuated.
Acts 1953, No. 42, § 1; 1955, No. 99, § 1; 1959, No. 232, § 1; A.S.A. 1947, § 9-701.1; Acts 1999, No. 27, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 31 - ARKANSAS FORESTRY COMMISSION (§§ 15-31-101 — 15-31-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 15-31-101 — 15-31-116) › Section 15-31-102 - Members - Definition

(a)
(1)
The Arkansas Forestry Commission shall consist of nine (9) members to be appointed by the Governor by and with the advice and consent of the Senate.
(2)
One (1) nonvoting member of the commission shall be nominated by the Provost of the University of Arkansas at Monticello from the faculty or staff of the College of Forestry, Agriculture, and Natural Resources at the University of Arkansas Monticello to be appointed by the Governor.
(b)
The term of office shall commence on January 15 following the expiration date of the prior term and shall end on January 14 of the fifth year following the year in which the term commenced.
(c)
Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor.
(d)
Before entering upon their respective duties, each member of the commission shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.
(e)
Members of the commission shall not receive compensation for their services but may receive expense reimbursement in accordance with §
25-16-901
et seq.
(f)
(1)
(A)
Three (3) of the members appointed to the commission by the Governor shall be small tree farmers.
(B)
As used in this section, "small tree farmer" means a person owning timber acreage of two hundred fifty (250) acres or less.
(2)
At least three (3) members of the commission shall be foresters registered under §
17-31-101
et seq.
(3)
Each congressional district shall be represented on the commission.
(g)
(1)
The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding:
(A)
Rulemaking;
(B)
Disciplinary issues;
(C)
Ethical complaints; and
(D)
Evaluation of applications under §
17-31-101
et seq.
(2)
The registered forester members of the commission designated under subdivision (f)(2) of this section shall be members of the committee.
(3)
The Chair of the Arkansas Forestry Commission may also designate other Arkansas-registered foresters to serve on the committee on an ad hoc basis.
Amended by Act 2023, No. 691,§ 69, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 68, eff. 7/1/2023.
Amended by Act 2023, No. 794,§ 22, eff. 4/12/2023.
Acts 1953, No. 42, §§ 1-3, 6; 1955, No. 99, § 1; 1959, No. 232, § 1; A.S.A. 1947, §§ 9-701.1 -- 9-701.3, 9-701.6; Acts 1997, No. 250, § 110; 1999, No. 27, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 31 - ARKANSAS FORESTRY COMMISSION (§§ 15-31-101 — 15-31-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 15-31-101 — 15-31-116) › Section 15-31-103 - Organization

(a)
From time to time, the Arkansas Forestry Commission shall select from its membership a chair and a vice chair.
(b)
The State Forester provided for in §
15-31-104
shall be an ex officio member of the Arkansas Forestry Commission but shall have no vote on matters coming before it.
(c)
The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations. The record shall be public.
(d)
The rules shall provide for regular quarterly meetings and for special meetings at the call of the Chair of the Arkansas Forestry Commission or of the Vice Chair of the Arkansas Forestry Commission if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least five (5) members.
(e)
(1)
A quorum shall consist of a majority of the voting members.
(2)
A majority affirmative vote of that number shall be necessary for the disposition of any business.
Amended by Act 2023, No. 691,§ 71, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 70, eff. 7/1/2023.
Acts 1953, No. 42, § 6; A.S.A. 1947, § 9-701.6.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 31 - ARKANSAS FORESTRY COMMISSION (§§ 15-31-101 — 15-31-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 15-31-101 — 15-31-116) › Section 15-31-104 - State Forester

(a)
The State Forester shall be appointed by the Governor, and shall serve at the pleasure of the Governor.
(b)
The State Forester shall report to the Secretary of the Department of Agriculture.
(c)
(1)
The secretary may delegate to the State Forester any of the powers or duties required to administer the:
(A)
Statutory duties of the Arkansas Forestry Commission; and
(B)
Rules, orders, or directives promulgated or issued by the commission.
(2)
The State Forester may exercise the powers and duties delegated to him or her under subdivision (c)(1) of this section in the name of the commission and the department.
(3)
The commission may delegate to the department any of the powers or duties vested in or imposed upon the commission by law, and these delegated powers or duties may be exercised by the secretary or his or her designee.
(d)
The State Forester shall:
(1)
Have earned at a minimum a bachelor's degree in forestry from an accredited four-year program at an institution of higher education; and
(2)
Have not less than three (3) years' practical administrative and field experience in forestry.
Amended by Act 2023, No. 691,§ 72, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1148, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 88, eff. 7/1/2019.
Acts 1953, No. 42, § 7; 1983, No. 691, § 7; A.S.A. 1947, §§ 9-701.1a, 9-701.7; Acts 1995, No. 136, § 2; 1995, No. 138, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 31 - ARKANSAS FORESTRY COMMISSION (§§ 15-31-101 — 15-31-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 15-31-101 — 15-31-116) › Section 15-31-105 - [Repealed]

Repealed by Act 2019, No. 910,§ 89, eff. 7/1/2019.
Acts 1953, No. 42, § 7; 1959, No. 150, § 1; A.S.A. 1947, §§ 9-701.7, 9-737; Acts 2005, No. 78, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 31 - ARKANSAS FORESTRY COMMISSION (§§ 15-31-101 — 15-31-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 15-31-101 — 15-31-116) › Section 15-31-107 - [Repealed]

Repealed by Act 2019, No. 910,§ 93, eff. 7/1/2019.
Acts 1985, No. 464, § 3; A.S.A. 1947, § 9-743; Acts 1989 (1st Ex. Sess.), No. 183, § 13; 1991, No. 441, § 13.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 3 - FOREST RESOURCES (§§ 15-30-101 — 15-33-103) › Chapter 31 - ARKANSAS FORESTRY COMMISSION (§§ 15-31-101 — 15-31-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 15-31-101 — 15-31-116) › Section 15-31-108 - State Forestry Fund

There is created and established in the State Treasury a fund which shall be designated and known as the "State Forestry Fund". All moneys from whatever source received and deposited into the fund shall be used exclusively by the Arkansas Forestry Commission in carrying out its respective functions and duties as provided by law.
Acts 1935, No. 85, § 6; Pope's Dig., § 3054; Acts 1953, No. 42, § 8; 1955, No. 99, § 3; A.S.A. 1947, §§ 9-701.8, 41-1956; Acts 1997, No. 132, § 2.