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? • <br />Page 2 <br />implementation of this section. The moneys in the capital account <br />shall be used exclusively for capital expenditures including but not <br />limited to property acquisition and project construction. <br />Id (emphasis added). However, the General Assembly prohibited these expenditures from being <br />used as a mechanism to substitute funding that would otherwise be available for expenditure by <br />the division of wildlife or to replace or reduce the obligation of the division to carry out nongame <br />programs under Title 33, C.R.S. § 24-33-111(5), C.R.S. (2006). <br />As part of House Bill 06-1311, the General Assembly authorized the executive director of the <br />department of natural resources to obligate and expend $1,850,000 from the SCTF operations <br />and maintenance account and $3,150,000 from the SCTF capital account for the Platte River <br />Recovery Program. The PRRIP is part of the Platte River Recovery Program. House Bill 06- <br />1311 §§ 2(1)(a) and 2(2)(b). <br />Neither House Bi1198-1006 nor section 24-33-111 define the terms administrative, noncapital or <br />capital expenditures. However, the context of section 24-33-11 l clearly shows that "capital <br />expenditures" is intended to apply to expenditures for real property, which is consistent with <br />other statutory uses ofthe term "capital" in this manner. See, § 24-75-301(1). Therefore, funds <br />from the operations and maintenance fund are limited in only two respects; they may not be <br />spent to acquire, maintain or construct real property or physical structures on real property and <br />the expenditures must be "necessary" for the implementation of the PRRIP. § 24-33-111(2), <br />C.R.S. (2006); House Bill 06-1311, § 2(1)(a). <br />From the information available to me at this time, the proposed FTE to be funded from the <br />operations and maintenance account of the SCTF is necessary to the proper implementation of <br />the PRRIP and a portion of Colorado's obligations under the PRRIP, and will assist in the <br />conservation of listed native species within the Platte River system. <br />Conclusion: <br />SCTF funds from the operation and maintenance fund may be used to fund an FTE with the <br />Division of Wildlife if that position is necessary to protect and conserve listed species through <br />the PRRIP or other recovery plans. <br />AG ALPHA: LW WE UABNA