BOARD02090

• Board Meeting Date: 1/26/2000
• Description: Legislative Session 2000 - Species Conservation Trust Fund ‎(HB98-1006)‎ - Funding Recommendations
• Board Meetings - Doc Type: Memo

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EXECUTIVE SUMMARY

In 1998, the general Assembly passed HB 98-1006 that established a Native Species
conservation Trust Fund (hereinafter, "the Fund"), The statue is attached as Appendix A.

Expenditures from the Fund are intended to promote the conservation of native wildlife species
whose populations are declining, The general assembly initially appropriated $10 million into
the Fund from several sources.

HB 98-1006 directs the Executive Director of the Colorado Department of Natural resources
(DNR) to annually prepare a Species Conservation Eligibility List describing programs eligible
to receive funding from the Fund. This list is prepared after consulting with the Colorado Water
Conservation Board, its director, the Colorado Wildlife Commission and the director of the
Colorado Division of Wildlife. This list is attached as Appendix B.

HB 98-1006 also directs the Executive Director to annually provide a report to the General
Assembly on the progress and status of activities undertaken to recover Colorado's native
species, as well as activities that my be required in the future.

Following the Introduction the report is organized into two sections reflecting the major purposes
for which expenditures from the Fund are authorized:

. HB 98-1006 authorizes the DNR to make expenditures from the Fund for purposes of
implementing cooperative agreements, recovery programs, and other programs designed to
meet obligations arising under the federal Endangered Species Act and to provide a stable
and predictable regulatory environment for Colorado's citizens.

. HB 98-1006 authorizes the DNR to make expenditures from the Fund for studies and
programs designed to conserve species currently listed as threatened and endangered species
under state law; recover or protect candidate species in order to avoid the need to list these
species under federal law; and improve scientific understanding that governs decisions on
adding or removing species from either the state or federal endangered species lists. I

1 Both state and federal law contain endangered speciesstatutes, Thefederal Endangered Species Act of 1973. 16 U.S,c, 1531, et
seq., is a complex federal statute that has been the focus of considerable public debate and judicial interpretation almost since its
adoption by Congress twenty five years ago. It often is referred to as the most powerful environmental law in the world due to the
extraordinary regulatory authorities its confers upon the U.S. Fish and Wildlife Service for protection of species and habitats thought
to be in danger of going extinct By contrast, the State of Colorado's endangered species protection law, 33-2-105, C.RS" is limited
to creating a special management status for rare or declining species, but confers no habitat protection regulatory authority upon
agencies of the State of Colorado, though it does affirm the Colorado Division of Wildlife's authority to regulate the killing, or
..taking," of state-listed species.

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