§ 22-5-802 — Leases and permits - Exemptions for state agencies

Arkansas § 22-5-802

• Jurisdiction: Arkansas
• Title: 22

Text

(a) The provisions of this section and §§ 22-5-801 and 22-5-803 - 22-5-813 shall not be applicable to the severance, sale, or other disposition of sand, gravel, timber or logs, or minerals salvaged, severed, or removed by a state agency from lands held in the name of or managed by the agency if the sand, gravel, timber or logs, or minerals are salvaged, severed, or removed in the course of managing, developing, and improving the lands by the state agency. This exemption shall not apply to sales for commercial purposes. (b) Any state agency, department, or institution or any county, municipality, or other division of government desiring to sever or take any sand, gravel, timber or logs, or minerals from any lands held in the name of or managed by the state or a state agency or from the beds and bars of rivers in this state, other than lands held in the name of or managed by the agency or division of government so desiring, shall obtain a permit to do so from the Commissioner of State Lands but shall not be required to comply with the bid procedures contained in this section and §§ 22-5-801 and 22-5-803 - 22-5-813 or to pay any fee, royalty, or taxes otherwise required by this section and §§ 22-5-801 and 22-5-803 - 22-5-813 . (c) The provisions of this section and §§ 22-5-801 and 22-5-803 - 22-5-813 relating to the authority to lease and permit lands held in the name of or managed by the Arkansas State Game and Fish Commission shall not be applicable to the lands of that agency. The commission shall retain control over the procedures for awarding and shall retain the authority over the issuance of leases for the mineral rights and of permits for the rights to produce and sever minerals from lands held in its name or managed by it. Provided, that the commission shall use the same requirements, procedures, standards, and methods required under this section and §§ 22-5-801 and 22-5-803 - 22-5-813 for other state agencies to lease mineral rights and to issue permits to produce and sever minerals. (d) The Commissioner of State Lands shall: (1) Provide the necessary hardware and software systems to allow for the electronic acceptance, solicitation, communication, and the electronic publishing of all information, records, reports, applications, and other required material relating to sand, gravel, timber or logs, or minerals extraction; (2) Create and maintain a website to allow for the filing of all bids, correspondence, permit or lease issuance, production reports, and payments relating to sand, gravel, timber or logs, or minerals extraction; and (3) Maintain a database accessible through the website required under subdivision (d)(2) of this section to allow complete electronic access to all filings of bids, correspondence, permit or lease issuance, production reports, and payments relating to sand, gravel, timber or logs, or minerals extraction.

Legislative History

Amended by Act 2021, No. 455,§ 3, eff. on and after January 1, 2022. Acts 1975, No. 524, §§ 11, 12; 1981, No. 684, §§ 8, 9; A.S.A. 1947, §§ 10-1024, 10-1025; Acts 1991, No. 537, § 1; 1993, No. 509, § 1; 2005, No. 786, § 2.