Non-federally authorized projects that meet the following criteria are also eligible for assistance from the Fund:
The project is listed in a Ports business or strategic plan;
The project is ready to begin in the biennium for which funding is requested;
The project is a new navigation improvement project; and
The project meets the criteria of a freight project, or a commercial/recreation project, as follows:
A freight project facilitates transportation for at least 5,000 tons of freight or cargo annually;
A commercial/recreation project supports at least 1,000 use days annually as evidenced by information from the State Marine Board, the Ports Reporting System, the U.S. Coast Guard, or other similar source of reliable data, or it is to support the operation of at least one tour boat.
Navigation improvement projects that cant meet the criteria listed in subsection (4) may still qualify for funding if:
The proposed improvement project is designed to facilitate usage to a level that exceeds the criteria in subsection (4); and
Usage of the proposed improvement project is reasonably forecasted to meet the criteria in subsection (4) within the first two years of operation and exceed the minimum criteria thereafter.