Arkansas Administrative Code Agency 095 - Waterways Commission
Here’s an enhanced overview of Arkansas Administrative Code – Agency 095: Arkansas Waterways Commission, focusing on the two core rules that guide waterborne infrastructure development across Arkansas:
🌊 Agency 095 – Arkansas Waterways Commission (Port, Intermodal, and Waterway Development)
Rule 095.00.16‑001 & Rule 095.00.17‑001 — Arkansas Port, Intermodal, and Waterway Development Program Rules
These rules create the framework for the Arkansas Port, Intermodal, and Waterway Development Grant Program, administered by the Arkansas Waterways Commission (regulations.justia.com).
🏗️ 1. Commission Authority & Program Scope
Legal Foundation: The Commission was established by Acts 242 (1967) and 414 (1973), empowered under Ark. Code Ann. § 15‑23‑201 (regulations.justia.com).
Mission: Serve as the sole state agency for development, oversight, and economic support of waterway transport on the Arkansas, Mississippi, Ouachita, Red, and White Rivers (regulations.justia.com).
🔍 2. Grant Program Overview
Objective: Provide financial assistance to public port or intermodal authorities for infrastructure construction, rehabilitation, and dredging—excluding planning or feasibility studies (regulations.justia.com).
Funding Limits: Grants may cover up to 90% of construction costs or 50% of dredging costs (regulations.justia.com).
Award Parameters:
No minimum award amount.
No limit on the number of awards per fiscal year.
Funds must be expended within one year of receipt; leftover funds must be returned or re-approved for another project (regulations.justia.com).
🛠️ 3. Eligibility & Governance
Eligible Applicants: Arkansas public port or intermodal authorities; eligible projects include facility upgrades, expansions, and dredging infrastructure (regulations.justia.com).
Conflict of Interest:
Commission staff cannot personally benefit from contracts.
Commissioners may be affiliated with participants, but must fully disclose those ties (regulations.justia.com).
📄 4. Application & Evaluation Process
Application Requirements:
Must use prescribed forms.
Include a board resolution signed by the authority's chair.
Staff may request additional materials for evaluation (regulations.justia.com).
Evaluation Criteria:
Applicant capacity and project feasibility.
Alignment with program goals, including economic impact and market competitiveness.
Timeline limited to one year post-award .
🏅 5. Grant Awards & Reporting
Decision & Notification:
Final selections made by the Commission.
Applicants notified within 15 business days.
Funds disbursed by the Treasurer's Office within 30 days of award (regulations.justia.com, law.cornell.edu).
Reporting Obligations:
Quarterly and final expenditure reports (certified).
Final report due within 10 days after fiscal year-end or 30 days post-expenditure.
Subject to audit by state Legislative Audit (regulations.justia.com).
📚 6. Open Records
All application materials are subject to Arkansas’s Freedom of Information Act (regulations.justia.com).
✅ Summary at a Glance
Area
Highlights
Authority
Acts 242 (1967)/414 (1973); Ark. Code §15‑23‑201
Purpose
Grant support for port/intermodal infrastructure
Funding Caps
90 % for construction, 50 % for dredging
Deadline for Spending
1 year from award
Applicants
Public port or intermodal authorities
Application
Prescribed forms + board resolution
Evaluation
Capacity, feasibility, economic benefit, 1-year completion
Notification
Within 15 business days; Treasurer disburses in 30 days
Reporting
Quarterly & final certified reports; audits apply
FOIA Status
Fully subject to public records rules
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