Section 23A-3-207 - Wildlife Habitat Account(1) There is created a restricted account within the General Fund known as the "Wildlife Habitat Account."(2) The contents of the Wildlife Habitat Account shall consist of: (a) revenue from the sale of licenses, permits, and certificates of registration as provided in Section 23A-3-208;(b) money donated to the division for a purpose specified in Subsection (6); and(c) interest and earnings on account money.(3) The division shall use the revenue from the sale of licenses, permits, and certificates of registration that is deposited to the account pursuant to Section 23A-3-208, after appropriation by the Legislature, as provided in Subsections (4) through (6).(4)(a) The division shall allocate in a fiscal year up to $70,000 or 10% of the annual deposits to the Wildlife Habitat Account, whichever amount is greater, for the development, restoration, and preservation of wetlands that are beneficial to waterfowl.(b) Up to 20% of the money allocated to waterfowl projects may be appropriated by the Legislature for use by a nonprofit conservation organization for wetland development projects within the state that benefit waterfowl.(5)(a) The division shall allocate in a fiscal year up to $230,000 or 10% of the annual deposits to the Wildlife Habitat Account, whichever amount is greater, to upland game projects as follows:(i) the control of predators;(ii) the development, improvement, restoration, or maintenance of critical habitat through the establishment of landowner incentives, cooperative programs, or other means;(iii) the acquisition or preservation of critical habitat;(iv) landowner habitat education and assistance programs;(v) public access to private lands; and(vi) upland game transplant and reintroduction programs.(b) Money allocated to upland game may not be used for the acquisition, development, improvement, restoration, or maintenance of habitat within commercial hunting areas.(c) No more than 5% of the money allocated to upland game may be used for landowner habitat education programs.(d) The division shall use money allocated to upland game for programs and activities relating to upland game species based generally upon the proportion of average annual hunter participation for each species.(e) Projects for which free public access is assured shall receive first priority for funding from money allocated to upland game.(f) Projects for which public access is assured shall receive second priority for funding from money allocated to upland game.(6) The division shall use remaining money in the Wildlife Habitat Account for the following purposes: (a) the enhancement, acquisition, preservation, protection, and management of aquatic and terrestrial wildlife habitat; and(b) to improve access for fishing and hunting.(7) The division shall seek the advice and recommendations of the Habitat Council, created by the division, regarding the expenditure of account money.(8) Donations of money deposited into the Wildlife Habitat Account and interest earned on that money shall be expended:(a) as directed by the donor; and(b) without being appropriated by the Legislature.Renumbered from § 23-19-43 and amended by Chapter 103, 2023 General Session ,§ 46, eff. 7/1/2023.Amended by Chapter 122, 2023 General Session ,§ 1, eff. 5/3/2023.Amended by Chapter 195, 2000 General Session.