BOARD01344

• Board Meeting Date: 1/23/2002
• Description: WSP Section - Native Species Trust Fund Recommendations for FY 2002-03
• Board Meetings - Doc Type: Memo

Agenda Item 13
January 22-23, 2002 Board Meeting

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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 DlSTRlBUTED 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 ARlSING 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.R.s.;

(B) CANDIDATE SPECIES IN ORDER TO ASSIST IN THE RECOVERY OR PROTECTION OF THE SPECIES TO
AVOID LISTING OF THE SPECIES;

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(C) SCIENTIFIC RESEARCH RELATING TO LISTING OR DELISTING ANY SPECIES; OR

(D) IF A SPECIES THAT IS NOT ON THE FEDERAL ENDANGERED OR THREATENED SPECIES LIST IS
PROPOSED TO BE ADDED TO THE STATE ENDANGERED OR THREATENED SPECIES LIST, THE
EVALUATION OF THE SPECIES PURSUANT TO THIS SUB-SUBPARAGRAPH (B) SHALL INCLUDE:
SCIENTIFIC EVALUATION OF GENETIC DATA THAT PROVES THE SPECIES IS A SEPARATE 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 habitat 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 RlSK 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 RlGHTS, AND SHALL ASSIST
IN MEETING THE REGULATORY REQUIREMENTS that currently exist or that may become applicable in the future
pertaining to the conservation 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 state and that may be 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 implementation 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.

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(5) Maximization of funds. 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 CONTRlBUTIONS MAY BY ACCEPTED AND EXPENDED AS PROVIDED IN THIS SECTION.
SUCH GRANTS AND CONTRlBUTIONS shall, upon acceptance, be placed in the species conservation trust fund

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation Planning