| (a) The department, with the commission's approval
and in accordance with this section, may participate financially in
an existing beneficial use project.
(b) The U.S. Army Corps of Engineers will submit proposals
in writing to the executive director or the executive director's designee.
A proposal must include:
(1) a description of the beneficial use project and
its benefits;
(2) a map delineating the location of the beneficial
use project;
(3) a proposed project schedule that includes an anticipated
completion date;
(4) a detailed estimate of the project cost and an
estimate of each amount contributed to the project by the U.S. Army
Corps of Engineers and each other participating entity;
(5) a plan addressing the operations and maintenance
of the facility created by or benefiting from the beneficial use project;
and
(6) existing documentation related to the operational
and environmental suitability of the project and existing results
of field investigations, if available.
(c) The commission may approve participation under
this section if it determines that the project:
(1) can be accomplished without:
(A) an unjustifiable waste of publicly or privately
owned natural resources; and
(B) a permanent and substantial adverse impact on the
environment, wildlife, or fisheries; and
(2) will result in one or more beneficial use activities
having a direct relationship of function or impact to the GIWW.
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