Section 15-41-108 - Cutting timber on commission land - Environmental impact statement(a)(1) The General Assembly recognizes the importance of preserving the environment of this state.(2) The General Assembly is further aware of the provisions of Arkansas Constitution, Amendment 35, which created the Arkansas State Game and Fish Commission and granted to the Arkansas State Game and Fish Commission broad authority to manage and regulate the fish and wildlife resources of this state.(3) It is the intent of this section to establish reasonable procedures whereby the Arkansas State Game and Fish Commission shall, in the management of the fish and wildlife resources of this state and the property belonging to the Arkansas State Game and Fish Commission to be used in connection therewith, perform such functions and duties in accordance with sound principles of environmental preservation.(4) In order to accomplish this purpose, it is the purpose of this section to establish a requirement that the Arkansas State Game and Fish Commission shall make an environmental impact statement before cutting timber on lands belonging to the Arkansas State Game and Fish Commission and to authorize the Arkansas Natural Heritage Commission to hold public hearings thereon in order to make recommendations to the Arkansas State Game and Fish Commission in regard to the environmental impact of the proposed cutting of timber upon the environment of this state.(b)(1) Before the Arkansas State Game and Fish Commission shall undertake, through its own personnel or equipment, or through contract let to a private individual or firm, the cutting of timber on lands belonging to the Arkansas State Game and Fish Commission, including selective cutting of timber if needed, the Arkansas State Game and Fish Commission shall: (A) Cause an environmental impact study to be made;(B) Prepare a written environmental impact statement in regard to the proposed timber cutting; and(C) File a copy of the environmental impact statement with the Arkansas Natural Heritage Commission.(2) Upon receipt of the environmental impact statement, the Arkansas Natural Heritage Commission shall study the proposed cutting of timber as outlined by the Arkansas State Game and Fish Commission and shall hold a public hearing within sixty (60) days of the receipt of the environmental impact statement.(3) At the hearing, the Arkansas Natural Heritage Commission shall receive testimony and evidence from the Arkansas State Game and Fish Commission and from other interested persons, groups, or associations in regard to the anticipated and probable impact upon the environment of the proposed cutting of timber as outlined by the Arkansas State Game and Fish Commission.(4) The Arkansas Natural Heritage Commission, within thirty (30) days from the date of holding the hearing, shall file with the Arkansas State Game and Fish Commission its evaluation of the proposed cutting of timber and shall include therein a statement of the Arkansas Natural Heritage Commission's recommendations in regard to the proposed cutting of timber.(5) As used in this section, the reference to proposals to cut timber, including the selective cutting of timber, if needed, on lands belonging to the Arkansas State Game and Fish Commission, shall not be applicable to the cutting or sale of salvageable timber in connection with the construction of levees, structures, access of parking areas, boat launching ramps, food plots, or roads.(c) If the Arkansas State Game and Fish Commission shall fail or refuse to make an environmental impact statement as required in subsection (a) of this section, any citizen of this state may bring an action in a court of competent jurisdiction located within the county in which the proposed timber is to be cut to enjoin the Arkansas State Game and Fish Commission from cutting the timber until an environmental impact statement is made and filed with the Arkansas Natural Heritage Commission. The Arkansas Natural Heritage Commission shall hold a public hearing thereon as required in this section and file its report and recommendations with the Arkansas State Game and Fish Commission.Acts 1975, No. 453, §§ 2, 3; A.S.A. 1947, §§ 47-135, 47-135n, 47-136.