N.Y. State Finance Law Section 83
Conservation fund

(a)

1. The conservation fund shall consist of all moneys belonging to the state received by the department of environmental conservation from the sale of licenses for hunting, for trapping, and for fishing, all moneys received in actions for penalties under articles eleven and thirteen of the environmental conservation law and subdivision two of Environmental Conservation Law § 71-1929 (Violations)section 71-1929 of the environmental conservation law, or upon the settlement or compromise thereof, all fines for violation of any of the provisions of articles eleven and thirteen of the environmental conservation law, all moneys arising out of the operation of real property under the jurisdiction of the division of fish and wildlife in the department of environmental conservation heretofore or hereafter acquired by the state of New York, and from any concessions thereon and from any leases thereof, including moneys received from the sale thereof when authorized by law, all moneys received from leases or rentals of shellfish grounds in the marine and coastal district, all moneys from gifts for fish and wildlife management pursuant to Tax Law § 625 (Gift for fish and wildlife management)section six hundred twenty-five of the tax law, moneys received by the department of environmental conservation from the sale of limited edition prints of fish and wildlife paintings, as authorized by paragraph t of subdivision two of Environmental Conservation Law § 3-0301 (General functions, powers and duties of the department and the commissioner)section 3-0301 of the environmental conservation law, all moneys received from the reimbursement provided for in paragraph b of subdivision seven of Environmental Conservation Law § 8-0109 (Preparation of environmental impact statement)section 8-0109 of the environmental conservation law, and all other moneys arising out of the application of any provisions of articles eleven and thirteen of the environmental conservation law. 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 care, management, protection and enlargement of the fish, game and shell fish resources of the state and for the promotion of public fishing and shooting. In the accomplishment of these objects the moneys made available hereunder shall be devoted to the purchase or acquisition of lands, lands under water, waters, or rights therein as required, to payment for personal service, for maintenance and operation, and for new construction and permanent betterments, and to all other proper expenses of the department of environmental conservation in the administration and enforcement of the provisions of articles eleven and thirteen of the environmental conservation law. 1-a. On or before the first day of February each year, the commissioner of the department of environmental conservation shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on environmental conservation, chair of the assembly environmental conservation committee, the state comptroller and the public. Such report shall include how the monies of the fund received pursuant to Tax Law § 625 (Gift for fish and wildlife management)section six hundred twenty-five of the tax law were utilized during the preceding calendar year, and shall include:

(i)

the amount of money dispersed from the fund and the award process used for such disbursements;

(ii)

recipients of awards from the fund;

(iii)

the amount awarded to each;

(iv)

the purposes for which such awards were granted; and

(v)

a summary financial plan for such monies which shall include estimates of all receipts and all disbursements for the current and succeeding fiscal years, along with the actual results from the prior fiscal year.

2.

(i)

Moneys collected pursuant to sections 13-0301, 13-0311 and 13-0315 of the environmental conservation law and all fines and penalties collected pursuant to article seventy-one of such law for illegal acts relating to shellfish shall be deposited in a special account within the conservation fund, to be known as the marine resources account, and shall be available to the department of environmental conservation, after appropriation, for the care, management, protection and enlargement of marine fish and shellfish resources.

(ii)

Notwithstanding the provisions of subparagraph (i) of this paragraph, moneys arising out of the application of subdivision fourteen of Environmental Conservation Law § 13-0309 (Taking, handling and importation of shellfish)section 13-0309 of the environmental conservation law, shall be deposited in a special account within the conservation fund, to be known as the surf clam/ocean quahog account, and shall be available to the department of environmental conservation, including contracts for such purposes with a New York state institution of higher education currently involved in local marine research, after appropriation, for the research and stock assessment of surf clams and ocean quahogs. The department shall, at a minimum, undertake two stock assessments and issue reports detailing the findings of such assessments to the governor and legislature. The first stock assessment shall be due no later than December thirty-first, two thousand two. The second stock assessment shall be due no later than December thirty-first, two thousand four, and shall be conducted in an area to be determined in consultation with the surf clam/ocean quahog management advisory board.

3.

(i)

Moneys arising out of the application of article thirteen of the environmental conservation law shall be deposited in a special account within the conservation fund, to be known as the marine resources account, and shall be available to the department of environmental conservation, after appropriation, for the care, management, protection and enlargement of marine fish and shellfish resources.

(ii)

Notwithstanding the provisions of subparagraph (i) of this paragraph, moneys arising out of the application of subdivision fourteen of Environmental Conservation Law § 13-0309 (Taking, handling and importation of shellfish)section 13-0309 of the environmental conservation law, shall be deposited in a special account within the conservation fund, to be known as the surf clam/ocean quahog account, and shall be available to the department of environmental conservation, including contracts for such purposes with a New York State institution of higher education currently involved in local marine research, after appropriation, for the research and stock assessment of surf clams and ocean quahogs.

4.

(i)

There is hereby created a special account within the conservation fund to be known as the state fish and game trust account to consist of all moneys received by the state from the sale of lifetime hunting, fishing, and trapping licenses, and lifetime archery and muzzle-loading privileges pursuant to Environmental Conservation Law § 11-0702 (Lifetime hunting, fishing, trapping, archery and muzzle-loading licenses)section 11-0702 of the environmental conservation law except those moneys deposited in the habitat conservation and access account pursuant to § 83-A (Habitat conservation and access account)section eighty-three-a of this chapter. The state comptroller shall invest the moneys in such account in securities as defined by § 98-A (Investment of general funds, bond proceeds, and other funds not immediately required)section ninety-eight-a of this article. Any income earned by the investment of such moneys, except income transferred to the conservation fund pursuant to subparagraph (iii) of this paragraph, shall be added to and become a part of, and shall be used for the purposes of such account.

(ii)

The state comptroller shall provide an annual report of the trust account which lists the amount of the principal, the earned income, the earned income accrued to the principal, and the earned income transferred to the conservation fund pursuant to subparagraph (iii) of this paragraph not later than April tenth of each year for the state fiscal year ending the immediately preceding March thirty-first. A copy of such report shall be transmitted, forthwith, to the director of the division of the budget, the chairman of the senate finance committee, the chairman of the assembly ways and means committee, the commissioner of the department of environmental conservation and each of the eleven members of the conservation fund advisory board, created pursuant to Environmental Conservation Law § 11-0327 (Conservation fund advisory board)section 11-0327 of the environmental conservation law.

(iii)

Earned income from the sale of all lifetime licenses and privileges, except income earned on the proceeds of the sale of a lifetime license or privilege during the period from sale of such license or privilege until April first of the year following one full year of deposit of the proceeds of the sale of such lifetime license or privilege, shall be available for deposit within the conservation fund pursuant to paragraph one of this subdivision in an amount equal to the cost of the appropriate annual license or privilege. The earned income which exceeds the current cost of each annual license or privilege comparable to the lifetime license or privilege, shall be added to the trust account as principal. The earned income from lifetime licenses or privileges issued to persons who are under the legal age to implement such licenses or privileges shall be added to the trust account as principal until such person becomes of legal age to hunt, fish or trap.

(b)

Lands and property rights may be acquired by the department of environmental conservation with moneys made available for such purposes from the conservation fund by purchase, by acquisition pursuant to the provisions of the eminent domain procedure law or by gift.

(c)

All payments made from the conservation fund 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 conservation fund 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 such fund.

(d)

As to monies accruing to the fund by reason of the enactment of a chapter of the laws of nineteen hundred seventy-five entitled “An Act to amend the environmental conservation law and the state finance law, in relation to fees for hunting, fishing and trapping licenses,” one dollar of the fee increase provided therein for each hunting, fishing and trapping license shall be dedicated to expansion of hunting and fishing opportunity by: acquisition of public rights or opportunities to utilize suitable lands for hunting and fishing; habitat management and improvement; and species propagation of game, game birds and game fish.

(e)

1. All moneys, revenue and interest received by the department from the sale of voluntary migratory bird stamps and art prints shall be credited to the conservation fund as provided by § 83 (Conservation fund)section eighty-three of this chapter. After payment of administrative costs for preparation and sale of voluntary stamps and art prints, fifty percent of these moneys shall be available to the department, pursuant to appropriation, exclusively for acquisition, preservation, improvement and development of wetlands and development and maintenance of access sites within the state. The remaining fifty percent of these moneys shall be disbursed to an appropriate nonprofit organization for the development of waterfowl habitat projects within the Dominion of Canada which specifically provide migratory birds for the Atlantic Flyway after obtaining evidence that the projects are acceptable to the department of environmental conservation and the appropriate governmental agencies having jurisdiction over the project area.

2.

Notwithstanding any other general or special law, rule or regulation, all moneys, revenue and interest arising out of the sale of voluntary migratory bird stamps, other than that retained by the issuing agent or officer, and art prints pursuant to Environmental Conservation Law § 11-0307 (Migratory game birds)section 11-0307 of the environmental conservation law and this section shall be deposited in a special account within the conservation fund, to be known as the migratory bird account, and shall be dedicated to and available by appropriation only for the purposes set forth in this subdivision, which may only be altered or amended by law.

(f)

Notwithstanding the provisions of any other law, all moneys, revenue penalties, and interest arising out of the fees for the issuance of guide licenses pursuant to Environmental Conservation Law § 11-0533 (Licensing of guides)section 11-0533 of the environmental conservation law and this section shall be deposited in a special account within the conservation fund, to be known as the guides license account, and shall be dedicated to and available by appropriation only for the administration of and purposes set forth in Environmental Conservation Law § 11-0533 (Licensing of guides)section 11-0533 of the environmental conservation law, which may only be altered or amended by law.

(g)

All moneys, fees, fines and penalties arising out of the administration and enforcement of the tidal wetlands act (article twenty-five of the environmental conservation law) shall be deposited into the marine resources account of the conservation fund.

(i)

All moneys, revenues and interest thereon received as a result of the application of subdivision eighteen of Environmental Conservation Law § 11-0305 (General powers and duties of the department)section 11-0305 of the environmental conservation law authorizing a one dollar voluntary contribution mechanism on all hunting and fishing licenses shall be deposited in a special account within the conservation fund to be known as the venison donation account. All of such moneys, revenues and interest shall be made available by the department of environmental conservation, pursuant to appropriation, to an appropriate nonprofit organization for implementation of a venison donation program.

(j)

All moneys, revenue and interest thereon received as a result of the issuance and sale of voluntary outdoor recreation and trail maintenance pins and patches pursuant to Environmental Conservation Law § 11-0329 (Outdoor recreation and trail maintenance)section 11-0329 of the environmental conservation law, other than the amount retained by the issuing agent or officer, shall be deposited in a special account within the conservation fund to be known as the outdoor recreation and trail maintenance account. All of such moneys, revenues and interest shall be available to the department of environmental conservation, pursuant to appropriation, exclusively for outdoor recreation, trail maintenance, and the development and improvement of public access to outdoor recreation and trails.

Source: Section 83 — Conservation fund, https://www.­nysenate.­gov/legislation/laws/STF/83 (updated Apr. 8, 2016; accessed Apr. 13, 2024).

70
Classification of funds 71
Abolition, maintenance and establishment of funds 71–A
Funds established by law 71–B
Expenditure of check-off monies 72
General fund 73
Federal interest subsidy payments 74
Transportation infrastructure renewal fund 75
Establishment of accounts 76
Rail preservation and development fund 77
Accelerated capacity and transportation improvements fund 78
New York state college choice tuition savings program trust fund 78–A
New York higher education loan program variable rate default reserve fund 78–B
New York higher education loan program fixed rate default reserve fund 79
World Trade Center memorial foundation fund 80
Real estate finance bureau fund 80–A
Anti-discrimination in housing fund 81
Veterans’ home assistance fund 82
Gifts to food banks fund 83
Conservation fund 83–A
Habitat conservation and access account 84
The United States Olympic Committee/Lake Placid Olympic Training Center Fund 84–A
Olympic games guaranty fund 88
New York state infrastructure trust fund 88–A
Mass transportation operating assistance fund 88–B
Suburban transportation fund 88–D
Airport improvement and revitalization fund 89–B
Dedicated highway and bridge trust fund 89–C
Dedicated mass transportation trust fund 89–D
Motor vehicle theft and insurance fraud prevention fund 89–E
Alzheimer’s disease assistance fund 89–F
Workers’ compensation security fund payment account 89–G
Accident prevention course internet, and other technology pilot program fund 89–H
Medical cannabis trust fund 89–I
Military family relief fund 89–J
The school bus motorist education fund 89–J*2
Substance use disorder education and recovery fund 89–K
Diabetes research and education fund 90
New York state department of transportation highway safety program fund 90–A
New York state passenger facility charge fund 91
Transportation safety account 91–A
Revenue arrearage account 91–B
Boating noise level enforcement fund 91–C
Special offset fiduciary account 91–D
Recruitment incentive and retention account 91–F
Adult home quality enhancement fund 91–G
Senior wellness in nutrition fund 92
Tax stabilization reserve fund 92–AA
Special school purpose school aid 92–B
Stock transfer tax fund 92–BB
Waste management and cleanup fund 92–C
State lottery fund 92–CC
Rainy day reserve fund 92–D
Municipal assistance tax fund 92–DD
Health care reform act (HCRA) resources fund 92–E
Municipal assistance state aid fund 92–EE
New York state higher education endowment 92–F
Special sales and compensating use tax fund for the city of Yonkers 92–FF
Metropolitan transportation authority financial assistance fund 92–G
Motorcycle safety fund 92–GG
Charitable gifts trust fund 92–GG*2
Subway assistance fund 92–H
Sales tax revenue bond tax fund 92–HH
Health care transformation fund 92–I
Stock transfer incentive fund 92–II
Metropolitan transportation authority capital assistance fund 92–JJ
Metropolitan transportation authority paratransit assistance fund 92–N
Snowmobile trail development and maintenance fund 92–P
Voting machine and system examination fund 92–Q
Housing assistance fund 92–Q*2
The institute for the Hudson River Collection fund 92–R
Local government assistance tax fund 92–S
Environmental protection fund 92–T
New York state campaign finance fund 92–U
New York state canal system development fund 92–V
Linked deposit program fund 92–W
Missing and exploited children clearinghouse fund 92–X
Tobacco settlement fund 92–Z
Revenue bond tax fund 93
Capital projects fund 93–A
New York state storm recovery capital fund 93–B
Dedicated infrastructure investment fund 94
Court facilities incentive aid fund 94–A
New York city county clerks’ operations offset fund 94–B
Judiciary data processing offset fund 95
Abandoned property fund 95–A
New York state innovation in breast cancer early detection and research awards program fund 95–B
The New York state “drive out diabetes research and education fund” 95–C
The marine and coastal district of New York conservation, education, and research fund 95–D
The New York state “multiple sclerosis research fund” 95–D*2
“Life pass it on trust fund” 95–E
New York State prostate and testicular cancer research and education fund 95–E*2
The New York state autism awareness and research fund 95–F
The New York state water rescue team awareness and research fund 95–F*2
The Eighth Air Force Historical Society fund 95–G
Department of motor vehicles distinctive plate development fund 95–H
Mental illness anti-stigma fund 95–I
New York state ALS research and education fund 95–J
The New York state two hundred fiftieth commemoration commission fund 95–K
Transgender and non-binary (TGNB) wellness and equity program fund 95–K*2
Lyme and tick-borne diseases education, research and prevention fund 96
The World Trade Center memorial scholarship fund 97
Housing debt fund, and urban renewal debt fund 97–A
Environmental quality protection fund 97–AA
The New York state “Discover Queens fund” 97–AAA
Clean water/clean air bond fund 97–AAAAA
Opioid stewardship fund 97–B
Hazardous waste remedial fund 97–BB
Criminal justice improvement account 97–BBB
Clean water/clean air fund 97–C
Training and education program on occupational safety and health fund 97–CC
Municipal gun buyback program fund 97–CCCC
Interest assessment surcharge fund 97–CCCC*2
Vital records management account 97–CCCC*3
Tobacco revenue guarantee fund 97–CCCC*4
Erie canal museum fund 97–D
Environmental quality bond act fund 97–DD
Eminent domain account 97–DDD
Federal single audit chargeback account 97–DDD*2
Drinking water program management and administration fund 97–DDD*3
Education archives account 97–DDDD
Community mental health support and workforce reinvestment account 97–E
Forest preserve expansion fund 97–EE
New York Great Lakes protection fund 97–EEE
Clean water/clean air implementation fund 97–EEE*2
Education library account 97–EEEE
Rebuild and renew New York transportation bond fund 97–EEEE*2
Cultural resource survey account 97–EEEE*3
Federal-state health reform partnership program account 97–F
Mental health services fund 97–FF
Empire state entertainment diversity job training development fund 97–FFF
Summer school of the arts account 97–G
Centralized services fund 97–GG
Division for youth facilities improvement fund 97–GGG
Teacher certification program account 97–GGGG
Medicaid training contract account 97–H
Lake George park trust fund 97–HH
Tuition reimbursement fund 97–HHH
High school equivalency account 97–HHHH
The student lending education account 97–I
New York state local government records management improvement fund 97–III
Indirect cost recovery account 97–IIII
Patient safety center account 97–J
Firearm violence research fund 97–JJ
Industrial and utility service account 97–JJ*2
Not-for-profit short-term revolving loan fund 97–JJJ
Rome school for the deaf account 97–JJJJ
Education assessment account 97–K
Minority and women-owned business enterprise fund 97–KK
Local services account 97–KKK
Batavia school for the blind account 97–KKKK
Intervenor account 97–L
Sewage treatment program management and administration fund 97–LL
Improvement of real property tax administration account 97–LLL
Vocational rehabilitation fund 97–LLLL
Interstate reciprocity for post-secondary distance education account 97–LLLL*2
Women’s cancers education and prevention fund 97–MM
State park infrastructure fund 97–MM*2
State police motor vehicle law enforcement account 97–MMM
Archives records management account 97–MMMM
Veterans remembrance and cemetery maintenance and operation fund 97–NN
Pet cemetery and pet crematorium inspection and licensing fund 97–NN*2
World University Games Fund 97–NN*3
“I love NY waterways” fund 97–NNN
Office of the professions account 97–NNNN
Commercial gaming revenue fund 97–OO
Biodiversity stewardship and research fund 97–OO*2
Clean air fund 97–OOO
Department of corrections and community supervision asset forfeiture account 97–OOOO
Basic health program trust fund 97–OOOO*2
Smart schools bond fund 97–P
Community college tuition and instructional income fund 97–PP
New York state emergency services revolving loan account 97–PPP
Education museum account 97–PPPP
Lupus research and education fund 97–PPPP*2
Sickle cell disease research and education fund 97–Q
New York state emergency medical services training account 97–QQ
Statewide public safety communications account 97–QQQ
Automation and printing chargeback account 97–QQQQ
Cystic fibrosis research and education fund 97–R
State cemetery vandalism restoration, monument repair or removal and administration fund 97–RR
Pet dealer licensing fund 97–RRR
School tax relief fund 97–RRR*2
Debt reduction reserve fund 97–RRRR
Lupus education and prevention fund 97–S
Nelson A 97–SSS
Charter schools stimulus fund 97–SSSS
Leukemia, lymphoma and myeloma research, education and treatment fund 97–SSSS*2
Elevator and related conveyances safety program account 97–T
Lawyers’ fund for client protection of the state of New York 97–TT
Intervenor account 97–TTT
Federal revenue maximization contract fund 97–TTTT
Clean water, clean air, and green jobs bond fund 97–UU
Legislative computer services fund 97–UUU
Tax revenue arrearage account 97–UUU*2
Transportation infrastructure bond fund 97–V
The New York interest on lawyer account (IOLA) fund 97–V*2
New York state musical instrument revolving fund 97–VV
Senate recyclable materials, information services and conference fund 97–VVV
Universal prekindergarten reserve fund 97–W
Chemical dependence service fund 97–WW
Assembly recyclable materials, information services and conference fund 97–WWW
Cuba lake management fund 97–WWW*2
Quality child care and protection fund 97–WWW*3
Underground facilities safety training account 97–WWW*4
Consumer protection account 97–WWW*5
Percy T 97–X
Statewide planning and research cooperative system 97–XX
Animal population control fund 97–XXX
Additional mass transportation assistance fund 97–XXX*2
Agriculture in the classroom fund 97–XXXX
State health innovation plan account 97–Y
Business and licensing services account 97–YY
Breast cancer research and education fund 97–YYY
Children and family services quality enhancement fund 97–YYY*2
Domestic violence awareness fund 97–YYYY
Arts fund 97–Z
Arts capital grants fund 97–ZZ
Federal revenue maximization contract fund 97–ZZZ
Cultural education account 98
Investment of state funds 98–A
Investment of general funds, bond proceeds, and other funds not immediately required 98–B
Indigent legal services fund 98–C
Legal services assistance fund 98–D
1332 state innovation program fund 99
Withholding of state assistance upon default in payment of bonds held by the state 99–A
Justice court fund 99–AA
Retiree health benefit trust fund 99–B
Withholding of state aid for school purposes upon default in payment of obligations of the prospective recipient 99–BB
Armory rental account 99–BB*2
Parking services fund 99–BB*3
New York state secure choice administrative fund 99–BB*4
SUNY Stony Brook Eastern Long Island Hospital Affiliation escrow fund 99–BB*5
School-based health centers fund 99–C
Withholding of state aid upon failure of municipalities and school districts to repay health insurance reserve receipts when required 99–CC
Solid waste fund 99–D
City university stabilization account 99–D*2
Community projects fund 99–DD
Special events fund 99–E
State university stabilization account 99–EE
Down’s syndrome research fund 99–F
Spinal cord injury research trust fund 99–FF
Parks retail stores fund 99–FF*2
New York central business district trust fund 99–GG
Golf fund 99–H
Tribal-state compact revenue account 99–H*2
Teacher education accreditation account 99–HH
Criminal justice discovery compensation fund 99–HH*2
Public health emergency charitable gifts trust fund 99–HH*3
Endangered and threatened species mitigation bank fund 99–HH*4
Behavioral health parity compliance fund 99–I
Racing regulation account 99–II
New York state cannabis revenue fund 99–J
Child performer’s protection fund 99–JJ
New York state drug treatment and public education fund 99–K
Child performer’s holding fund 99–KK
New York state community grants reinvestment fund 99–L
Assisted living residence quality oversight fund 99–L*2
Love your library fund 99–LL
New York state council on the arts cultural programs fund 99–MM
Emergency rental assistance municipal corporation allocation fund 99–N
Highway construction and maintenance safety education fund 99–NN
Opioid settlement fund 99–O
Arts institutions revolving loan fund 99–OO
Pharmacy benefit manager regulatory fund 99–P
Empire state stem cell trust fund 99–PP
Background check fund 99–PP*2
Agricultural and farmland viability protection fund 99–PP*3
Animal shelter regulation fund 99–Q
Volunteer firefighting and volunteer emergency services recruitment and retention fund 99–QQ
Hazard mitigation state revolving loan fund 99–QQ*2
New York climate action fund 99–S
Youth facility per diem account 99–T
New York state medical indemnity fund account 99–U
New York state gaming commission account 99–U*2
New York state teen health education fund 99–V
Mortgage settlement proceeds trust fund 99–V*2
Homeless veterans assistance fund 99–W
Transit assistance for capital investments fund 99–W*2
SUNY DSRIP escrow fund 99–X
New York achieving a better life experience (NY ABLE) savings program trust fund 99–Y
SUNY Stony Brook Affiliation escrow fund 99–Y*2
Health republic insurance of New York fund 99–Y*3
Highway use tax administration account 99–Z
Cure childhood cancer research fund
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Accessed:
Apr. 13, 2024

Last modified:
Apr. 8, 2016

§ 83’s source at nysenate​.gov

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