§ 15-20-308 - Commission -- Rights, powers, and duties.
               	 		
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  natural areas 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, rules, and  regulations 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, rules, and regulations shall prevail, in the event of  conflict, over any policies, rules, regulations, 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 natural areas 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, rules, and regulations;
      (9)  To investigate, promote, advise, and assist in the preservation, protection, and management of natural areas;
      (10)  To  advise the United States Department of Agriculture and the United  States Department of the Interior and other agencies of the federal  government concerning areas or streams eligible for treatment under  federal criteria as wildlife refuges, wilderness areas, or wild, scenic,  or recreational rivers; and
      (11)  To  submit to the Governor and the General Assembly and to publish on or  before December 1 of each year a report which shall describe and account  for the status and condition of each portion of the system and of each  natural area listed in the registry.