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 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-308 - Commission - Rights, powers, and duties

The Arkansas Natural Heritage Commission shall have the following rights, powers, and duties:
(1)
To choose lands, waters, and interests therein to be acquired in the manner set forth elsewhere in this subchapter for inclusion in the system, in accordance with criteria specified in §
15-20-310
;
(2)
(A)
(i)
To acquire, by purchase, gift, devise, grant, dedication, as hereinafter defined, or otherwise, the fee or other interest in real property for inclusion in the system.
(ii)
However, the commission shall not have the power of eminent domain.
(B)
The commission shall retain fee title or convey that title to such agency or department of the state as it may select, after due consideration of:
(i)
The particular characteristics of a natural area;
(ii)
The type and extent of management required to maintain that area in its natural condition;
(iii)
The types and extent of activity permissible which are consistent with preservation of natural heritage; and
(iv)
Other factors;
(3)
To acquire and hold any interest in real property less than fee, including environmental or scenic easements;
(4)
(A)
To establish and from time to time amend such policies and rules for the selection, acquisition, management, protection, and use of the system as it may find necessary or appropriate to preserve the lands or interests therein acquired under this subchapter and carry out the policies of this subchapter.
(B)
These policies and rules shall prevail, in the event of conflict, over any policies, rules, and practices of any agency or department that may receive title to any portion of the system;
(5)
To cooperate and contract with any federal, state, or local governmental agency, private organization, or individual;
(6)
(A)
To maintain:
(i)
(a)
A registry or inventory of lands and waters in the state, whether publicly or privately owned, that retain their primeval character to a substantial degree or that have floral, faunal, ecological, geological, or archeological features of significant scientific, educational, or recreational interest.
(b)
The registry shall be known as the "Registry of Natural Areas"; and
(ii)
An inventory of habitats of rare, vanishing, or endangered species, subspecies, or populations of plants and animals, and other records of natural areas.
(B)
However, the commission shall have no regulatory jurisdiction over lands or interests therein not actually acquired for the system;
(7)
To conduct research and investigation and to publish and disseminate information and recommendations pertaining to natural areas and to the system;
(8)
To supervise the protection, management, and use of the system and to administer and enforce its policies and rules;
(9)
To investigate, promote, advise, and assist in the preservation, protection, and management of natural areas; and
(10)
To advise the United States Department of Agriculture and the United States Department of the Interior and other agencies of the United States Government concerning areas or streams eligible for treatment under federal criteria as wildlife refuges, wilderness areas, or wild, scenic, or recreational rivers.
Amended by Act 2019, No. 315,§ 1114, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1113, eff. 7/24/2019.
Amended by Act 2017, No. 720,§ 5, eff. 8/1/2017.
Acts 1973, No. 112, § 9; 1977, No. 213, § 1; A.S.A. 1947, § 9-1409; Acts 2001, No. 959, § 1.