LEG00137

• Bill Number: HB98-1006
• Year: 1998
• Title: Concerning the Establishment of a Fund to Promote the Conservation of Native Species and Making an Appropriation in Connection Therewith
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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SPECIES LIST IS PROPOSED TO BE ADDED TO THE STATE ENDANGERED OR
THREATENED SPECIES LIST, THE EV ALUA TION OF THE SPECIES PURSUANT TO THIS
SUB-SUBPARAGRAPH (B) SHALL INCLUDE: SCIENTIFIC EV ALUA TION OF GENETIC DATA
THAT PROVES THE SPECIES IS A SEP ARA TE AND DISTINCT SPECIES IN THE ECOSYSTEM;
EVALUATION OF THE SPECIES HABITAT THAT ENCOMPASSES THE ENTIRE
GEOGRAPHIC AREA OF THE SPECIES HABITAT NOT JUST PORTIONS OF SUCH HABITAT;
AND THE RELIABLE SCIENTIFIC BASELINE DATA USED TO ASCERTAIN THAT THE
NUMBER OF THE SPECIES IN THE HABIT A T IS RAPIDLY DECLINING OVER TIME.

(c) IN NO EVENT SHALL MONEYS FROM THE SPECIES CONSERVATION TRUST FUND,
CREATED IN SUBSECTION (2) OF THIS SECTION, BE USED TO ACQUIRE ANY PROPERTY
THROUGH THE EXERCISE OF EMINENT DOMAIN.

(4) Agreement requirements. IN ORDER TO BE ELIGIBLE FOR FUNDING UNDER
SUBSECTION (3) OF THIS SECTION, AGREEMENTS ENTERED INTO BY OR ON BEHALF OF
THE STATE WITH ANY PERSON, ENTITY, ORGANIZATION, POLITICAL SUBDIVISION,
STATE, OR THE FEDERAL GOVERNMENT RELATING TO THE CONSERVATION OF NATIVE
SPECIES THAT HAVE BEEN LISTED AS THREATENED OR ENDANGERED UNDER FEDERAL
OR STATE LAW OR THAT ARE CANDIDATE SPECIES OR ARE LIKELY TO BECOME
CANDIDATE SPECIES, SPECIES AT RISK AND SPECIES OF SPECIAL CONCERN, OR SPECIES
THE DECLINE OR EXTINCTION OF WHICH MAY AFFECT THE WELFARE OF THE CITIZENS
OF THE STATE, MUST BE VOLUNTARY, SHALL PROTECT PRIVATE PROPERTY RIGHTS,
AND SHALL ASSIST IN MEETING THE REGULATORY REQUIREMENTS THAT CURRENTLY
EXIST OR THAT MAY BECOME APPLICABLE IN THE FUTURE PERTAINING TO THE
CONSER V A TION OF SPECIES. FUNDS ALLOCATED FOR THE PURPOSE OF IMPLEMENTING
SUCH AGREEMENTS THROUGH THE SPECIES CONSERVATION LIST PROCESS SHALL BE
UTILIZED, TO THE MAXIMUM EXTENT POSSIBLE, FOR THE PURCHASE OR
CONSTRUCTION OF CAPITAL ASSETS THAT SHALL BE OWNED BY THE ST ATE AND
THAT MAYBE SOLD OR UTILIZED FOR OTHER PURPOSES IN THE EVENT THAT THE
AGREEMENT IS TERMINATED UNLESS THE STATE ELECTS NOT TO OWN SUCH ASSETS
AND FOR THE IMPLEMENT A TION OF ACTIVITIES THE DIVISION OF WILDLIFE HAS
DETERMINED MAY ELIMINATE THE NEED TO LIST A SPECIES AS THREATENED OR
ENDANGERED OR, IN THE CASE OF PREVIOUSLY LISTED SPECIES, MAY HASTEN
DELISTING.

(5) Maximization offunds. THE COLORADO WATER CONSERVATION BOARD AND THE
WILDLIFE COMMISSION SHALL MAXIMIZE THE SPECIES CONSERVATION TRUST FUND
BY APPLYING FOR AVAILABLE GRANTS CONSISTENT WITH THE PURPOSES OF THE
FUND. FEDERAL GRANTS AND VOLUNTARY CONTRIBUTIONS MAY BY ACCEPTED AND
EXPENDED AS PROVIDED IN THIS SECTION. SUCH GRANTS AND CONTRIBUTIONS
SHALL, UPON ACCEPTANCE, BE PLACED IN THE SPECIES CONSERVATION TRUST FUND
CREATED IN SUBSECTION (2) OF THIS SECTION. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT THE AUTHORITY OF THE COLORADO DIVISION OF WILDLIFE TO
MANAGE OR REGULATE GAME, NONGAME, OR THREATENED OR ENDANGERED
SPECIES. NO FUNDING SHALL BE ACCEPTED, APPROVED, OR USED TO INITIATE THE
LISTING OF SPECIES AS THREATENED OR ENDANGERED UNDER FEDERAL LAW.
NOTHING IN THIS SECTION IS INTENDED TO BE CONSTRUED AS A MECHANISM TO
SUBSTITUTE FUNDING THAT WOULD OTHERWISE BE A V AILABLE FOR EXPENDITURE
BY THE DIVISION OF WILDLIFE OR TO REPLACE OR REDUCE THE OBLIGATION OF THE
DIVISION TO CARRY OUT NONGAME PROGRAMS UNDER TITLE 33, c.R.S.

http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/s1.259.htm

12/19/2001