; and (ii) consistent with paragraph (2), any project beneficiary that would experience an adverse impact as a result of the modification of the project. (E) Adverse impact Any benefits that accrue to a new project beneficiary resulting from operations of the modified project shall not be increased without the consent of existing project beneficiaries that would experience an adverse impact as a result of the modification of the project. (F) Reimbursement of costs The costs of planning, design, and environmental compliance for a project modification under subparagraph (A) shall be reimbursed in accordance with subsection (b), except that any of the costs that would otherwise be allocated to a project beneficiary shall be considered nonreimbursable if the project beneficiary does not receive any increase in long-term average annual water deliveries as a result of the modification. (G) Eligibility of certain project modifications If a project modification that is otherwise eligible under subparagraph (A) was in the planning, design, or construction phase as of December 31, 2022, the project modification shall remain eligible to be developed under that subparagraph. (2) Procedure for obtaining consent and time limitation (A) Initial determination The Secretary shall initially determine whether the consent of a project beneficiary is required prior to construction under paragraph (1)(D) based on whether the modification or subsequent operations of the modified project would have any adverse impacts on a project beneficiary. (B) Written request for consent The Secretary shall provide to the transferred works operating entity and any project beneficiaries, in writing— (i) a description of the proposed modification and subsequent operations of the project; and (ii) (I) a request for consent under paragraph (1)(D); or (II) (aa) an explanation that the Secretary has determined that no consent is required under paragraph (1)(D)