§ 12-63-402 - Adjutant General as custodian.
               	 		
12-63-402.    Adjutant General as custodian.
    (a)  The  Adjutant General of the State of Arkansas is the custodian of all  military property and military reservations located within the State of  Arkansas, and which are owned, leased, licensed, operated, occupied, or  maintained by the State of Arkansas for the purpose of training the  active or reserve military forces of the United States or any of any  state.
(b)    (1)  The Adjutant  General is not the custodian of any military property or military  reservation which is reserved to the exclusive legislative jurisdiction  and sovereignty of the United States or which is reserved to exclusive  legislative authority of the United States Secretary of the Army, United  States Secretary of the Navy, or United States Secretary of the Air  Force, pursuant to the Constitution and laws of the United States.
      (2)  Specifically,  the Adjutant General is not the custodian of Little Rock Air Force Base  and Pine Bluff Arsenal, except such parts thereof that are owned,  leased, licensed, operated, occupied, or maintained pursuant to a deed,  lease, license, or agreement for the exclusive control by the Adjutant  General and units of the Arkansas Army National Guard or Arkansas Air  National Guard, in accordance with the respective agreements between the  Adjutant General and the Secretary of the Army or the Secretary of the  Air Force.
(c)    (1)  The  Adjutant General shall not enter into or accept any contract, deed,  license, lease, permit, memorandum of understanding, memorandum of  agreement, obligation, gift, or donation of any real property whereby  the State of Arkansas shall incur or undertake to incur financial  liability for or assume financial liability with, or for, or on behalf  of an agency or instrumentality of the United States, for such agency's  or instrumentality's past or continuing violation or violations of:
            (A)  The environmental protection laws of the State of Arkansas or of theUnited States;
            (B)  The  laws, regulations, rules, or orders of the Arkansas Department of  Environmental Quality or the United States Environmental Protection  Agency; or
            (C)  Any other law,  regulation, rule, or order of any agency and instrumentality of the  State of Arkansas or of the United States which is charged with the  responsibility of enforcing the environmental law.
      (2)  This prohibition shall not be applicable if:
            (A)  The  Adjutant General shall be authorized by federal law or regulation to  accept such responsibility for remediation of past or continuing  violations and the Adjutant General is provided, appropriated,  allocated, or apportioned adequate funds from the United States required  to remediate such violations;
            (B)  The  Attorney General, after conferring with the Director of the Arkansas  Department of Environmental Quality, shall advise the Governor in  writing that the potential financial liability of the state for  environmental remediation is de minimus, and if the Governor shall so  approve and concur in the Attorney General's advice; or
            (C)  The  laws of the United States prescribe and fix sole financial liability  for such violation or violations upon an agency or instrumentality of  the United States to the exclusion of the state.