RSA 212-A:16 · Threatened and Endangered Species Compensatory Mitigation Fund

212-A:16 Threatened and Endangered Species Compensatory Mitigation Fund. –
I. There is hereby established in the state treasury a separate fund to be known as the threatened and endangered species compensatory mitigation fund into which payments made pursuant to this section shall be credited. The fund shall be non-lapsing and continually appropriated to the fish and game department, for the purpose of funding projects that facilitate a net conservation benefit to threatened and endangered species, including, but not limited to critical habitat creation or restoration and the monitoring and maintenance of such areas. The state treasurer shall invest the fund as provided by law and any interest received on such investment shall be credited to the fund. Notwithstanding any other provision of law to the contrary, the executive director may accept payment for deposit into the fund for an unavoidable loss of critical habitat from a proposed activity without the approval of the governor, the governor and council, or the commission. The executive director shall approve disbursements from the fund following consultation with the commissioner. The executive director shall submit an annual report by October 1, 2022, and every year thereafter, to the fiscal committee, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library, summarizing all deposits and expenditures from the fund. The report shall include, but not be limited to a description of all projects undertaken.
II. The executive director shall adopt rules under RSA 541-A for the disbursement of money from the threatened and endangered species compensatory mitigation fund no later than one year following the effective date of this section. Those rules shall establish an administrative fee that the executive director may collect from payments made to the fund to cover the cost of operation of the fund.
III. The department of environmental services shall adopt rules under RSA 541-A regarding when mitigation payments to the fund are required for impacts to threatened and endangered species or the habitats of threatened and endangered species, pursuant to RSA 206:33-g, II, resulting from the issuance of a permit by the department of environmental services, and the calculation of those payments.
Source. 2021, 203:3, eff. Oct. 9, 2021. 2025, 141:4, eff. July 1, 2025.