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Native Species Conservation Trust Fund Statute 24-33-111. Conservation of native species - fund created. (1) Legislative declaration. The general assembly hereby recognizes the importance of conserving native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service. The general assembly hereby declares and determines that the Colorado department of natural resources and the division of wildlife are responsible for the development, implementation, or approval of appropriate programs to address the conservation of such species for complying with the "Federal Mandates Act", article 78 of this title, and for negotiating agreements with federal agencies and other states to avoid regulatory conflicts pursuant to section 24-33-103. (2) Species conservation trust fund - creation. There is hereby created in the state treasury the species conservation trust fund, which shall be subject to annual authorization by the general assembly to carry out the purposes of this section. There is hereby created within the species conservation trust fund the operation and maintenance account and the capital account. The moneys in the operation and maintenance account shall be for administrative and noncapital expenditures necessary for the implementation of this section. The moneys in the capital account shall be used exclusively for capital expenditures including but not limited to property acquisition and project construction. All income derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. No investment earnings or other moneys in the species conservation trust fund shall be subject to any management fee imposed by law for the benefit of the general fund. To the maximum extent practical, only interest from the fund shall be expended for activities pursuant to this section. (3) Species conservation eligibility list and annual report. (a) The executive director of the department of natural resources, after consultation with the Colorado water conservation board and its director, the wildlife commission, and the director of the division of wildlife, shall annually prepare a species conservation eligibility list describing programs and associated costs that are eligible to receive funding pursuant to this section. The species conservation eligibility list shall be subject to modification and adoption through passage of a joint resolution that is approved by a majority vote of both houses of the general assembly. At the same time as the species conservation eligibility list is submitted, the director of the department of natural resources, after consultation with the Colorado water conservation board and its director, the wildlife commission, and the director of the division of wildlife, shall also provide a detailed report to the general assembly on the progress and status of activities to date and their effectiveness in the recovery of the species and identify proposed future activities. The report shall include an assessment of habitat benefits, both public and private, attributable to such activities. (b) Funding shall be distributed by the executive director of the department of natural resources among projects included in the species conservation eligibility list for the following purposes: (1) Cooperative agreements, recovery programs, and other programs that are designed to meet obligations arising under the federal "Endangered Species Act of 1973", 16 U.S.C. 1531, et seq., and that provide regulatory certainty in accordance with subsection (4) of this section; (II) Studies and programs established or approved by the division of wildlife and the executive director of the department of natural resources regarding: (A) Species placed on the state endangered or threatened list in accordance with section 33-2- 105, C.RS.;