ARKANSAS WATERWAYS COMMISSION ARKANSAS DEPARTMENT OF COMMERCE -
Agency 9902
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 Ark. Code Ann. §
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 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.
1.2
AUTHORIZATION
The Arkansas Port, Intermodal, and Waterway Development Grant
Program is authorized by Ark. Code Ann. § 15-23-305 and §
19-5-1253.
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 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 CRITERIA
4.1.1
Eligible applicants are an Arkansas public port authority or public intermodal
authority to exclude ports, intermodal authorities, or any other public entity
located along the McClellan-Kerr Arkansas River Navigation System (MKARNS) due
to the Arkansas River Navigation Fund established by Act 561 §
19-5-1264. 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 INTEREST
4.2.1 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 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 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
CRITERIA
6.1.1 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 Arkansas Waterways Commission will
notify all applicants, selected or not, within 15 business days of the
Commission's decision.
7.3 The
Arkansas Waterways Commission will notify the state Treasurer's office and the
Treasurer's office will mail warrants 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 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 Arkansas Waterways 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 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 10% of the awarded amount, unless it
is a dredge project, in which case 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 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
Arkansas Waterways Commission within 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 state Legislative Audit.
9.0
FREEDOM OF INFORMATION
All information submitted in applications is subject to the
provisions of the Freedom of Information Act.
