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I recommend that these funds be granted on a non - reimbursable basis to the <br />Recovery Program under contractual provisions which assure that any unneeded or <br />unused portion of these funds would be returned to the Construction Fund Fish and <br />Wildlife Resources Account if the Recovery Program ceases to be in effect or to serve its <br />intended purposes. <br />I also recommend that we seek assistance from the Office of the Attorney General <br />concerning the need for legislative amendment of the statutory provisions governing use <br />of the Fish and Wildlife Resources Account to allow for the recommended grant. <br />However, SB96 -74 investigations and discussions with the Special Water Committee are <br />very likely to involve a broader review of the use of state funds to finance ESA - motivated <br />programs on a statewide basis, and I recommend that we minimize efforts invested in any <br />necessary amendments during the 1997 legislative session until the Board, the General <br />Assembly and the interested public can take these broader discussions into consideration. <br />Attachment <br />cc: Recovery Program Director and Management Committee Members <br />Dick Proctor <br />L: \CWCB \Boardmem \Nov96\ 18.1 <br />