Section 23A-3-306 - Uses of legacy fund(1) Each year, when the board creates a budget, the board shall allocate: (a) 40% of the budget: (i) for staff and expenses to administer the legacy fund under this part;(ii) to conduct research, monitoring, and management actions that benefit non-game species; or(iii) to otherwise reduce the likelihood of future species listings under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq.; and(b) 60% of the budget to fund the following projects that provide the following landscape level conservation benefits: (i) preserving open spaces, wildlife habitat, and critical agricultural lands;(ii) providing perpetual access for hunting, fishing, or trapping;(iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment, and the multiple use of renewable natural resources attributable to residential, mineral, and industrial development; or(iv) preserving a viable agricultural industry.(2)(a) The board shall make recommendations to the division regarding expenditures from the legacy fund for the purposes described in Subsection (1)(b).(b) The division shall consider the board's recommendations in approving an expenditure from the legacy fund under Subsection (1) and, if the division rejects the board's recommendation, the director shall provide the board with a written explanation of the reason for the rejection.(3) In performing the actions described in Subsection (1)(b), the division shall comply with Section 23A-6-202.(4) This section does not give the division the power of eminent domain.(5) The division may not use assets from the legacy fund for litigation.(6) Money in the legacy fund may not be used to develop or implement a habitat conservation plan required under federal law unless the federal government pays for at least one-third of the habitat conservation plan costs.Renumbered from § 23-31-203 and amended by Chapter 103, 2023 General Session ,§ 58, eff. 7/1/2023.Added by Chapter 190, 2020 General Session ,§ 7, eff. 7/1/2020.