B. The trust fund is a permanent endowment fund that consists of monies deposited from proceeds received by the department as an in-lieu fee sponsor pursuant to sections 401 and 404 of the clean water act, and interest and investment income earned on those monies, including:

1. 1. Compensatory mitigation monies received from in-lieu fee permittees through the purchase of in-lieu fee mitigation credits.
2. 2. Monies received from the United States army corps of engineers for other approved in-lieu fee programs.
3. 3. Monies received from the United States army corps of engineers as a resolution of unauthorized activities under a completed federal enforcement action that does not involve department personnel pursuant to sections 401 and 404 of the clean water act.

F. Monies in the trust fund shall be spent by the commission solely for the following:

1. 1. The purposes authorized under any enabling instrument between the commission, the United States army corps of engineers and the United States environmental protection agency.
2. 2. Site selection, design, implementation, monitoring, management and administrative costs related to the department's responsibilities as an in-lieu fee sponsor pursuant to sections 401 and 404 of the clean water act.