Current through Register Vol. 49, No. 9, September, 2024
1.0
GENERAL INFORMATION
The Arkansas Waterways Commission was established by Act 242 of 1967
and its powers and duties were amended by Act 414 of 1973. The Commission's
general authority is codified at Arkansas Code §
15-23-201. The Arkansas
Waterways Commission is the sole state agency responsible for developing,
promoting and protecting waterborne transportation in Arkansas. The Commission
also promotes economic development for ports on the five (5) commercially
navigable rivers of the state: the Arkansas, Mississippi, Ouachita, Red, and
White Rivers.
1.1
PROGRAM
NAME
These rules govern the Arkansas Port, Intermodal, and Waterway
Development Grant Program.
2.0
PROGRAM DESCRIPTION
The Arkansas Port, Intermodal, and Waterway Development Grant Program
provides financial assistance to port authorities and intermodal authorities
for the purpose of funding port development projects. The goals of the program
are to provide public funds to build land-side infrastructure and to dredge
ports and waterways. Funding this infrastructure will provide jobs and
competitive transportation costs for moving cargo, thereby minimizing highway
congestion, improving safety, and reducing maintenance costs related to
Arkansas's highways. This program will also allow Arkansas products to reach
additional markets.
3.0
TYPE OF AWARD
3.1 The total
maximum funding will be limited to the amount of money made available to the
Arkansas Waterways Commission for the program.
3.2 There is no minimum amount of funding
that may be applied for by an eligible applicant. The maximum amount that may
be applied for by an eligible applicant is the maximum amount of funds
available.
3.3 There is no maximum
of number of awards that can be received for an eligible applicant in one state
fiscal year.
3.4 Funds granted may
not exceed ninety percent (90%) of construction costs or fifty percent (50%) of
dredging costs.
4.0
ELIGIBILITY
4.1
ELIGIBILITY
CRITERIA4.1.1 Eligible applicants are
an Arkansas public port authority or public intermodal authority with
facilities located on the Arkansas, Mississippi, Ouachita, White, or Red
Rivers. A port facility can include an intermodal facility and maritime-related
industrial park infrastructure development.
4.1.2 Eligible projects are construction,
improvement, capital facility rehabilitation, and expansion of a public port
facility. Dredging projects are also eligible.
4.1.3 Planning projects and feasibility
studies shall not be eligible.
4.1.4 Funds granted may not exceed ninety
percent (90%) of the cost of construction or fifty percent (50%) of dredging
costs.
4.1.5 Eligible projects may
be projects that were completed within a year prior to the grant
application.
4.2
CONFLICT OF INTEREST4.2.1 No
Director, officer or employee of the Arkansas Waterways Commission, for purpose
of personal gain, shall have or attempt to have, directly or indirectly, any
interest in any contract or agreement of the Commission in connection with the
Arkansas Port, Intermodal, and Waterway Development Grant Program.
4.2.2 It shall not be a conflict of interest
for the Commission to permit any port, intermodal or waterway with which a
Director of the Commission is affiliated to participate in any program of the
Commission, provided that such Director shall promptly disclose the nature of
the affiliation to the Commission.
5.0
APPLICATION PROCESS
5.1 Applications for the Arkansas Port,
Intermodal, and Waterways Development Grant shall be submitted on the form
prescribed by the Arkansas Waterways Commission.
5.2 A Resolution passed by the board of the
grant applicant must be enclosed with the application. The Resolution must have
the signature of the Chair of the board.
5.3 The Commission reserves the right to
request additional information as required for evaluation.
5.4 Cost estimate submitted with application
must come from a certified engineer, construction company, or manufacturer with
vendor's logo and contact information on the documentation
submitted.
6.0
EVALUATION
Projects will be evaluated by the Arkansas Waterways Commission, which
may request the assistance of appropriate representatives from academia,
private enterprise, or the public sector. Applications meeting the eligibility
requirements will be evaluated on the basis of the evaluation criteria outlined
below.
6.1
EVALUATION
CRITERIA6.1.1 The qualified applicant
and the associated enterprise must have the support and resources available to
ensure a reasonable probability of project success if a development grant is
awarded.
6.1.2 The proposed
development project must have commercial feasibility and positively impact a
commercially navigable waterway in the State of Arkansas. The development
should provide the port, intermodal or waterway with the ability to compete
more effectively in the marketplace.
7.0
GRANT AWARDS
7.1 The Arkansas Waterways Commission shall
make the final decision to select recipients of funding from the Arkansas Port,
Intermodal, and Waterway Development Grant Program. Funding decisions will be
based on information derived from the Program review.
7.2 The Commission will notify all
applicants, selected or not, within fifteen (15) business days of the
Commission's decision.
7.3 The
Commission will notify the office of the State Treasurer, and the office of the
State Treasurer will mail or direct deposit funds for approved
projects.
7.4 Grant recipients
shall designate a bank account with routing information for grant funds and
matching funds. Before grant award is remitted, grant recipient must
demonstrate that the cash match is in this account within sixty (60) days of
notice of award to recipient, or forfeiture of grant award will
occur.
7.5 Grant recipients must
expend grant funds within a year from award date or the Commission must grant
an extension upon proof that all reasonable efforts have been made to comply.
Grant funds shall be utilized and expended by the applicant solely and
exclusively for the payment of authorized and allowable costs and expenses of
the project for which assistance was approved.
7.6 If all grant funds are not utilized and
expended by the applicant for the specific project for which such funds were
furnished within one (1) year, the grant recipient shall return or otherwise
pay or reimburse to the Commission any and all such unused funds or any amounts
of funds used and expended for unauthorized or unallowable purposes; or the
applicant may submit a request to the Director of the Arkansas Waterways
Commission to use leftover funds for another project. The Commissioners of the
Arkansas Waterways Commission shall approve or disapprove the
request.
7.7 The grant award
recipient must deposit the exact amount applicant stated in the grant
application if awarded the full amount requested. If the full amount requested
is not awarded, the applicant will deposit ten percent (10%) of the awarded
amount, unless it is a dredge project, in which case fifty percent (50%) must
be deposited.
8.0
GRANT REPORTING
8.1 Grantees
shall complete a quarterly, signed expenditure report and submit it to the
Arkansas Waterways Commission within thirty (30) days of report being due,
certifying the accurate expenditure of funds, to remain in compliance and be
eligible for the next year's program.
8.2 Grantees shall complete a
final, signed expenditure report and submit it to the Commission
within thirty (30) days of the final expenditure, certifying the accurate
expenditure of funds, to remain in compliance and be eligible for the next
year's program.
8.3 All reports
shall be subject to review by the Arkansas Legislative
Audit.
9.0
FREEDOM
OF INFORMATION
All information submitted in applications is subject to the provisions
of the Freedom of Information Act of 1967, Arkansas Code §
25-19-101 et
seq.
