(a) (1) The Arkansas State Game and Fish Commission agrees to make available an amount not to exceed one million dollars ($1,000,000) for fiscal year 2011-2012 for the Wildlife Observation Trails Pilot Program for the development of wildlife observation trails under this subchapter from moneys that the commission has received from oil and gas leases in the Fayetteville Shale.
(2) The General Assembly recognizes that the agreement under subdivision (a)(1) of this section does not constitute:
(A) A mandate by the General Assembly;
(B) An appropriation of funds by the General Assembly; or
(C) A waiver or relinquishment by commission of the authority vested in the commission under Arkansas Constitution, Amendment 35.
(3) Before moneys are distributed under this section, the commission shall retain the right to approve or disapprove the release of moneys.
(4) Future funding for the program is subject to the review under subdivisions (b)(2) and (3) of this section and shall be determined by and distributed from the availability of royalties from oil and gas leases in the Fayetteville Shale that the commission receives or from money from other sources.
(b) (1) The Department of Parks and Tourism and the commission agree to execute a memorandum of understanding to delineate each party's participation, obligation, and cooperation in the program sufficient to fulfill the requirements of this subchapter.
(2) The subjects agree to review the memorandum of understanding under subdivision (b)(1) of this section every two (2) years to evaluate the effectiveness and success of the program and to reexamine the need for moneys to be made available to the grant recipients to fund the development and maintenance of wildlife observation trails.
(3) If both the commission and the department agree that the program meets or exceeds the purpose of the legislation or agree that to discontinue the program would result in an undue disruption of progress, then the parties shall reexecute a memorandum of understanding under subdivision (b)(1) of this section.
(c) An agreement for funding in a memorandum of understanding under subdivision (b)(1) of this section and a distribution of money under this section requires the final approval of the commission.
(d) The maximum grant amount for a single project funded under the program is one hundred thousand dollars ($100,000) per year.
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