§ 83-a. Habitat conservation and access account. (a) There is hereby
created an account within the miscellaneous capital projects fund, the
habitat conservation and access account. The habitat conservation and
access account shall consist of up to one million five hundred thousand
dollars annually from moneys received by the state from the sale of
lifetime licenses for hunting, trapping, and fishing, and lifetime
privileges for archery and muzzle-loading pursuant to section 11-0702 of
the environmental conservation law and all moneys, revenues and interest
thereon received as a result of the application of subdivision seventeen
of section 11-0305 of the environmental conservation law authorizing the
issuance and sale of voluntary habitat stamps, other than the amount
retained by the issuing agent or officer. The habitat conservation and
access account shall be subject to the same restrictions and protections
as the conservation fund.

(b) These moneys, after appropriation by the legislature, and within
the amounts set forth and for the several purposes specified, shall be
available to the department of environmental conservation for the
capital expenses associated with management, protection, and restoration
of fish and wildlife habitats, and improvement and development of public
access for fish and wildlife related recreation.

(c) All payments made from the habitat conservation and access account
shall be made by the department of taxation and finance after audit and
upon warrant of the comptroller on vouchers approved by the commissioner
of environmental conservation. After appropriations made available from
the habitat conservation and access account shall cease to have force
and effect, any balances remaining unexpended and not required to meet
the proper and necessary expenses of the division of fish and wildlife
shall revert to the state fish and game trust account established
pursuant to paragraph four of subdivision (a) of section eighty-three of
this article.

(d) No funds may be transferred or used in any way which would result
in the loss of eligibility for federal benefits or federal funds
pursuant to federal law, rule, or regulation as assented to in chapter
six hundred eighty-three of the laws of nineteen hundred thirty-eight
and chapter seven hundred of the laws of nineteen hundred fifty-one.