Administration of fund generally

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  1. (a)

    1. (1) Except for the Drinking Water State Set Aside Account, the Safe Drinking Water Fund shall be administered by the Arkansas Natural Resources Commission, and the commission may establish procedures and adopt rules as may be required to administer the fund and programs financed in whole or in part with moneys in the fund in accordance with federal or state law providing for water systems, including particularly, without limitation the Safe Drinking Water Act.

    2. (2) The commission is authorized to enter into contracts and other agreements in connection with the operation of the fund, including, but not limited to, contracts and agreements with federal agencies, owners, the Arkansas Development Finance Authority, the Department of Health, and other persons to the extent necessary or convenient for the implementation of the fund and programs financed in whole or in part with moneys in the fund.

    3. (3) The commission shall execute capitalization grant agreements on behalf of the state in order to obtain funds under the Safe Drinking Water Act.

    4. (4)

      1. (A) Notwithstanding subdivisions (a)(1)-(3) of this section, the department shall have the authority to establish a priority list for water systems, the owners of which are eligible to receive financial assistance from moneys in the Drinking Water State Revolving Loan Fund Account.

      2. (B) The department shall also have the authority to carry out oversight and related activities, other than financial administration, with respect to financial assistance.

      3. (C) The department may delegate its authority under this subsection to the commission.

  2. (b) The commission shall maintain full authority for the operation of the fund except the Drinking Water State Set Aside Account in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the fund.

  3. (c) To the extent moneys provided by the United States Government under the Safe Drinking Water Act and nonappropriated state matches do not designate the account into which those moneys shall be deposited, the moneys shall be deposited into the accounts within the fund as designated by the commission.


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