2010 Arkansas Code
Title 13 - Libraries, Archives, And Cultural Resources
Chapter 7 - Historic Preservation
Subchapter 1 - General Provisions
§ 13-7-106 - Arkansas Historic Preservation Program -- Powers and duties.

13-7-106. Arkansas Historic Preservation Program -- Powers and duties.

(a) The Arkansas Historic Preservation Program, a division of the Department of Arkansas Heritage, under the State Historic Preservation Officer, shall have the following powers and duties:

(1) To implement the development of a State Historic Preservation Plan as contemplated by 16 U.S.C. 470 et seq., but not necessarily restricted thereto, and to be responsible for the historical, architectural, and cultural portions of that plan;

(2) To conduct surveys and otherwise develop the data necessary for the historical, architectural, and cultural portions of the State Historic Preservation Plan;

(3) To cooperate with the Arkansas Archeological Survey which will be responsible for the archeological portion of the statewide program for historic preservation and the State Historic Preservation Plan as provided for in 13-7-105;

(4) To coordinate the surveys and other programs of activities of all state and private agencies in connection with projects supported by federal funds provided to the department to implement 16 U.S.C. 470 et seq. and all cash funds or appropriated state funds made available to the department for the program;

(5) To allocate any federal funds which are provided to implement 16 U.S.C. 470 et seq. to those state agencies or private or other organizations which are professionally staffed and capable of carrying out the programs provided for by 16 U.S.C. 470 et seq.;

(6) To employ such necessary personnel, consultants, planners, or other employees or professional services within the limits of funds available therefor as may be required in the performance of services contemplated by this subchapter, and to contract with any and all public firms or agencies for the purpose of making state surveys and plans necessary for the implementation of this subchapter;

(7) To accept and administer funds received from the state or federal government or any other governmental agencies or from any private source in furtherance of the provisions of this subchapter; provided, that administration and acceptance does not include cash or appropriated funds made available to the Arkansas Archeological Survey from whatever source;

(8) To reimburse members of committees appointed by the Governor for expenses in accordance with 25-16-901 et seq.;

(9) To enlist the cooperation and assistance of the Old State House Commission, the Arkansas History Commission, the State Parks, Recreation, and Travel Commission, and all other agencies for historical, architectural, and cultural purposes, to the end that all activities shall be developed in accordance with the plan as contemplated by this subchapter and 16 U.S.C. 470 et seq., and in accordance with existing state laws pertaining to the duties and responsibilities of each of the agencies indicated in subdivision (a)(9) of this section;

(10) To cooperate with federal, state, and local government agencies in surveying the state for historic properties to be included in the State or National Register of Historic Places, or both, in the planning and conduct of specific undertakings affecting historic properties and preservation objectives, and, generally, in overall planning for the use of land; and

(11) To perform all other functions necessary in the furtherance of the purpose of this subchapter and in coordinating and implementing the participation by this state in the purposes contemplated by 16 U.S.C. 470 et seq.

(b) (1) The program is authorized to:

(A) Enter into contracts;

(B) Receive and expend gifts, grants, or other funds from federal or private sources; and

(C) Charge fees for conferences, tax certification, easements, and the professional review of federal undertakings for their impact on cultural resources.

(2) These funds shall be deposited in the Cash Fund of the program.

(c) (1) The program is authorized to acquire in the name of the state sites, buildings, and objects of historical value by gift, purchase, or otherwise.

(2) No property shall be acquired or contract or agreement for the acquisition thereof made which will obligate the state for the payment of the property, or the maintenance or improvement thereof after acquisition, in the absence of the appropriation of funds by the General Assembly for that purpose.

(3) The interest in any land authorized to be acquired by this subchapter may be fee simple or any lesser interest as determined by the State Historic Preservation Officer with the advice of the State Review Committee for Historic Preservation to be reasonably necessary to accomplish the purpose of this subchapter.