1 | 1 | | BILL AS INTRODUCED S.38 |
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5 | 5 | | VT LEG #378831 v.1 |
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6 | 6 | | S.38 1 |
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7 | 7 | | Introduced by Senator White 2 |
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8 | 8 | | Referred to Committee on 3 |
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9 | 9 | | Date: 4 |
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10 | 10 | | Subject: Conservation and development; wildlife conservation; habitat 5 |
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11 | 11 | | corridors; wildlife crossings 6 |
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12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to require the 7 |
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13 | 13 | | Secretary of Natural Resources to establish a program to fund the creation and 8 |
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14 | 14 | | maintenance of habitat corridors and wildlife crossings in the State. 9 |
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15 | 15 | | An act relating to conserving habitat corridors and wildlife crossings 10 |
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16 | 16 | | It is hereby enacted by the General Assembly of the State of Vermont: 11 |
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17 | 17 | | Sec. 1. SHORT TITLE 12 |
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18 | 18 | | This act may be cited as the “Habitat Corridor Conservation Stamp Act.” 13 |
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19 | 19 | | Sec. 2. FINDINGS 14 |
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20 | 20 | | The General Assembly finds that: 15 |
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21 | 21 | | (1) Nature faces a catastrophic loss of biodiversity, both locally and 16 |
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22 | 22 | | globally. 17 |
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23 | 23 | | (2) In addition to the value it has for its own sake, biodiversity is 18 |
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24 | 24 | | essential to human survival. 19 BILL AS INTRODUCED S.38 |
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27 | 27 | | |
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29 | 29 | | (3) The 2017 Vermont Forest Action Plan found that fragmentation and 1 |
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30 | 30 | | parcelization represent major threats to forest health and productivity and 2 |
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31 | 31 | | exacerbate the impacts of climate change. 3 |
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32 | 32 | | (4) The 2021 Vermont Climate Assessment highlights an increase in 4 |
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33 | 33 | | extreme weather events such as droughts and floods as a significant impact of 5 |
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34 | 34 | | climate change in Vermont and recommends nature-based solutions as a 6 |
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35 | 35 | | proven, low-cost strategy for climate adaptation and resilience. 7 |
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36 | 36 | | (5) The initial Vermont Climate Action Plan calls for investing in 8 |
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37 | 37 | | strategic conservation to increase the pace of permanent conservation towards 9 |
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38 | 38 | | 30 by 30 targets, with Vermont Conservation Design guiding prioritization of 10 |
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39 | 39 | | efforts. 11 |
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40 | 40 | | (6) The Nature Conservancy has developed the Resilient and Connected 12 |
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41 | 41 | | Landscapes project and found that Vermont plays a key role in the 13 |
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42 | 42 | | conservation of biodiversity regionally. 14 |
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43 | 43 | | (7) The Staying Connected Initiative is an international partnership of 15 |
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44 | 44 | | public and private organizations. Its goal is to maintain, enhance, and restore 16 |
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45 | 45 | | landscape connectivity for wide-ranging mammals across the Northern 17 |
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46 | 46 | | Appalachians-Acadian region, from the Adirondack Mountains to the Maritime 18 |
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47 | 47 | | Provinces. The Staying Connected Initiative has identified nine linkages 19 |
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48 | 48 | | across this vast region that are extremely important to wildlife. Six of these 20 |
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49 | 49 | | linkages lie within Vermont. 21 BILL AS INTRODUCED S.38 |
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52 | 52 | | |
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54 | 54 | | (8) Vermont’s most effective and efficient contribution to conserving 1 |
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55 | 55 | | biological diversity and maintaining a landscape resilient to climate change is, 2 |
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56 | 56 | | first, to conserve an intact and connected landscape and, second, to create and 3 |
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57 | 57 | | protect connections in the landscape. 4 |
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58 | 58 | | (9) Given the threats of biodiversity loss, landscape fragmentation, and 5 |
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59 | 59 | | climate change, the General Assembly should conserve lands in the State to 6 |
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60 | 60 | | increase landscape connectivity. 7 |
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61 | 61 | | Sec. 3. 10 V.S.A. chapter 104 is added to read: 8 |
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62 | 62 | | CHAPTER 104. HABITAT CORRIDOR CONSERVATION 9 |
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63 | 63 | | § 4201. DEFINITIONS 10 |
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64 | 64 | | As used in this chapter: 11 |
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65 | 65 | | (1) “Amenable land” means an area of land that the State may acquire 12 |
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66 | 66 | | and use for habitat corridors or wildlife crossings. 13 |
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67 | 67 | | (2) “Habitat corridor” means an area of land, including wildlife 14 |
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68 | 68 | | crossings, that connect at least two habitats, including land meant to facilitate 15 |
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69 | 69 | | the movement of wildlife or designated to connect wildlife habitats. 16 |
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70 | 70 | | (3) “Secretary” means the Secretary of Natural Resources. 17 |
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71 | 71 | | (4) “Take” means: 18 |
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72 | 72 | | (A) pursuing, shooting, hunting, killing, capturing, trapping, harming, 19 |
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73 | 73 | | snaring, or netting wildlife; 20 BILL AS INTRODUCED S.38 |
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78 | 78 | | (B) an act intended to create a risk of injury to wildlife, whether or 1 |
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79 | 79 | | not injury occurs, including harassing; wounding; or placing, setting, drawing, 2 |
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80 | 80 | | or using any net or other device used to take wildlife; or 3 |
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81 | 81 | | (C) attempting to engage in or assisting another to engage in an act 4 |
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82 | 82 | | set forth under subdivision (A) or (B) of this subdivision (4). 5 |
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83 | 83 | | (5) “Wildlife” means all living sentient creatures, including fishes, 6 |
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84 | 84 | | amphibians, reptiles, and insects, that are not human beings and are not 7 |
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85 | 85 | | domestic animals, domestic fowl, or domestic pets. 8 |
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86 | 86 | | (6) “Wildlife crossing” means infrastructure that connects two or more 9 |
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87 | 87 | | wildlife habitats, including infrastructure meant to: 10 |
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88 | 88 | | (A) facilitate the safe movement of wildlife over or beneath roads, 11 |
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89 | 89 | | waters, and other barriers to wildlife movement; 12 |
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90 | 90 | | (B) connect wildlife habitats; 13 |
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91 | 91 | | (C) reduce wildlife-vehicle collisions; 14 |
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92 | 92 | | (D) reduce the likelihood of injuries and mortalities to humans and 15 |
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93 | 93 | | wildlife from wildlife-vehicle collisions; or 16 |
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94 | 94 | | (E) reduce the potential for damage to motor vehicles from wildlife-17 |
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95 | 95 | | vehicle collisions. 18 |
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96 | 96 | | § 4202. CONSERVATION VISION AND GOAL 19 |
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97 | 97 | | (a) The vision of the State of Vermont is to maintain an ecologically 20 |
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98 | 98 | | functional landscape that sustains biodiversity, facilitates wildlife’s migratory 21 BILL AS INTRODUCED S.38 |
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103 | 103 | | behaviors, encourages landscape connectivity, reduces wildlife-vehicle 1 |
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104 | 104 | | collisions, and promotes climate resiliency. 2 |
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105 | 105 | | (b) It is the goal of the State to increase landscape connectivity. Increases 3 |
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106 | 106 | | in landscape connectivity under this chapter may qualify as ecological reserve 4 |
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107 | 107 | | areas, biodiversity conservation areas, or natural resource management areas as 5 |
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108 | 108 | | defined under section 2801 of this title to satisfy the goal of the State under 6 |
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109 | 109 | | section 2802 of this title. The Secretary of Natural Resources shall lead the 7 |
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110 | 110 | | efforts in achieving this goal. The land conserved shall include State, federal, 8 |
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111 | 111 | | municipal, and private land acquired by donation, assignment, lease, fee 9 |
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112 | 112 | | purchase, conservation easement, or other means of transfer. 10 |
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113 | 113 | | § 4203. AMENABLE LAND INVENTORY 11 |
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114 | 114 | | (a) The Secretary, in consultation with the Secretary of Transportation 12 |
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115 | 115 | | where appropriate, shall conduct and create an inventory of Vermont’s 13 |
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116 | 116 | | amenable lands to serve as the basis of meeting the conservation goals of 14 |
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117 | 117 | | Vermont Conservation Design and to meet the goal established in section 4202 15 |
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118 | 118 | | of this title. The inventory shall be submitted for review to the House 16 |
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119 | 119 | | Committees on Environment; on Agriculture, Food Resiliency, and Forestry; 17 |
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120 | 120 | | and on Transportation and the Senate Committees on Natural Resources and 18 |
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121 | 121 | | Energy, on Agriculture, and on Transportation. 19 |
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122 | 122 | | (b) The inventory shall include: 20 BILL AS INTRODUCED S.38 |
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124 | 124 | | |
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125 | 125 | | |
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127 | 127 | | (1) an assessment of how State lands will be used to increase landscape 1 |
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128 | 128 | | connectivity, including habitat corridors and wildlife crossings; 2 |
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129 | 129 | | (2) the implementation methods that could be utilized for achieving the 3 |
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130 | 130 | | goals of this chapter using Vermont Conservation Design as a guide; 4 |
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131 | 131 | | (3) a review of how aquatic systems are currently conserved or 5 |
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132 | 132 | | otherwise protected in the State, including a description of the benefits land 6 |
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133 | 133 | | conservation provides for aquatic systems, whether this is sufficient to 7 |
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134 | 134 | | maintain aquatic system functions and services, and how the implementation 8 |
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135 | 135 | | methods for achieving the goals of this chapter using Vermont Conservation 9 |
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136 | 136 | | Design as a guide would include specific strategies for protecting aquatic 10 |
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137 | 137 | | system health; 11 |
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138 | 138 | | (4) an assessment of existing funding sources that will be needed for 12 |
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139 | 139 | | acquisition of land, purchase, stewardship of conservation easements, staffing 13 |
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140 | 140 | | capacity, and long-term stewardship of habitat corridors and wildlife crossings 14 |
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141 | 141 | | acquired under this chapter; and 15 |
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142 | 142 | | (5) an assessment of which lands may be acquired under this chapter for 16 |
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143 | 143 | | habitat corridors and wildlife crossings, including lands acquired by donation, 17 |
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144 | 144 | | assignment, lease, fee purchase, conservation easement, or other means of 18 |
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145 | 145 | | transfer. 19 |
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146 | 146 | | (c) The Secretary shall update the amenable land inventory required under 20 |
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147 | 147 | | subsection (a) of this section biennially on or before January 15 of the relevant 21 BILL AS INTRODUCED S.38 |
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152 | 152 | | year to track progress toward meeting the vision and goals of this title. The 1 |
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153 | 153 | | Secretary shall submit a report to the House Committee on Environment and 2 |
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154 | 154 | | the Senate Committee on Natural Resources and Energy regarding each 3 |
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155 | 155 | | biennial update. 4 |
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156 | 156 | | § 4204. CONSERVATION PLAN 5 |
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157 | 157 | | (a) On or before December 31, 2028, the Secretary, in consultation with the 6 |
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158 | 158 | | Agency of Transportation, shall develop a draft plan to implement the 7 |
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159 | 159 | | conservation goals of Vermont Conservation Design and to meet the vision and 8 |
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160 | 160 | | goal established in section 4202 of this title. The plan shall be submitted for 9 |
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161 | 161 | | review to the House Committee on Environment and the Senate Committee on 10 |
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162 | 162 | | Natural Resources and Energy. 11 |
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163 | 163 | | (b) The plan shall include: 12 |
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164 | 164 | | (1) strategies for achieving the vision and goal of section 4202 of this 13 |
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165 | 165 | | title, including identification of wildlife in need of protection and information 14 |
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166 | 166 | | on their population distributions, habitat requirements, existing infrastructure 15 |
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167 | 167 | | facilitating wildlife’s movement, limiting factors, and other pertinent 16 |
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168 | 168 | | biological and ecological data on wildlife in need of protection; 17 |
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169 | 169 | | (2) estimates of resources available for these strategies; 18 |
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170 | 170 | | (3) plans for research and public education about landscape 19 |
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171 | 171 | | connectivity, including habitat corridors and wildlife crossings; 20 BILL AS INTRODUCED S.38 |
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176 | 176 | | (4) a strategy for achieving the vision and goal of section 4202 of this 1 |
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177 | 177 | | title while continuing to conserve and protect Vermont’s agricultural land, 2 |
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178 | 178 | | working forests, historic properties, recreational lands, and surface waters; 3 |
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179 | 179 | | (5) the implementation methods for achieving the vision and goal of this 4 |
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180 | 180 | | chapter using Vermont Conservation Design as a guide; and 5 |
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181 | 181 | | (6) recommendations to implement the vision and goal of this chapter 6 |
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182 | 182 | | while also enhancing the State of Vermont’s current investments and 7 |
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183 | 183 | | commitments to working lands enterprises, rural landowners, and the broad 8 |
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184 | 184 | | conservation mission implemented by the Secretary, including conservation of 9 |
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185 | 185 | | agricultural land, working forests, historic properties, recreational lands, and 10 |
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186 | 186 | | surface waters. 11 |
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187 | 187 | | (c) In developing the plan, the Secretary, in consultation with the Secretary 12 |
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188 | 188 | | of Transportation, shall hold 12 or more public meetings on the draft plan 13 |
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189 | 189 | | between July 1, 2026 and December 31, 2027 to solicit input from 14 |
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190 | 190 | | stakeholders. Stakeholders shall include private owners of forestlands and 15 |
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191 | 191 | | agricultural lands, land trusts, animal advocacy organizations, conservation 16 |
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192 | 192 | | organizations, environmental organizations, working lands enterprises, outdoor 17 |
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193 | 193 | | recreation groups and municipalities, regional planning commissions, 18 |
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194 | 194 | | conservation commissions, and relevant State and federal agencies. At least 19 |
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195 | 195 | | three of the meetings shall be designed to solicit comments from the general 20 |
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196 | 196 | | public. 21 BILL AS INTRODUCED S.38 |
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201 | 201 | | § 4205. HABITAT CORRIDOR CONSERVATION SPECIAL FUND 1 |
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202 | 202 | | (a)(1) The Habitat Corridor Conservation Special Fund is established 2 |
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203 | 203 | | pursuant to 32 V.S.A. chapter 7, subchapter 5 to fund increased landscape 3 |
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204 | 204 | | connectivity in the State consistent with the conservation plan established 4 |
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205 | 205 | | under section 4204 of this title. The Fund shall be administered by the 5 |
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206 | 206 | | Secretary and shall consist of: 6 |
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207 | 207 | | (A) revenue from the sale of Habitat Corridor Conservation Stamps 7 |
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208 | 208 | | as provided for under section 4206 of this title; 8 |
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209 | 209 | | (B) funds appropriated by the General Assembly; 9 |
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210 | 210 | | (C) funds from public and private sources that the Secretary accepts 10 |
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211 | 211 | | for the Fund; 11 |
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212 | 212 | | (D) funds from federal government aid for State activities in 12 |
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213 | 213 | | conservation, landscape connectivity, habitat corridors, or wildlife crossings; 13 |
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214 | 214 | | and 14 |
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215 | 215 | | (E) all interest earned on Fund balances. 15 |
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216 | 216 | | (2) Amounts in the account shall carry over from year to year. 16 |
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217 | 217 | | (b) The Secretary shall make expenditures from the Fund solely for 17 |
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218 | 218 | | programs identified in the conservation plan established under section 4204 of 18 |
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219 | 219 | | this title for the purposes of increasing landscape connectivity, including 19 |
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220 | 220 | | through the development and maintenance of habitat corridors and wildlife 20 |
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221 | 221 | | crossings. Expenditures consistent with the purposes of the plan may be made 21 BILL AS INTRODUCED S.38 |
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226 | 226 | | under the terms of contracts with private organizations and groups. 1 |
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227 | 227 | | Expenditures shall not exceed the monies available in the Fund. 2 |
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228 | 228 | | (c) The Secretary may take appropriate actions to encourage taxpayers to 3 |
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229 | 229 | | make contributions to the Habitat Corridor Conservation Special Fund, 4 |
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230 | 230 | | including explaining the purposes of the Fund and the uses to which the Fund 5 |
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231 | 231 | | has been or will be applied. The Secretary may solicit federal funds, grants, 6 |
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232 | 232 | | and private contributions directed toward landscape connectivity. Any money 7 |
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233 | 233 | | received by the Secretary from federal funds, grants, and private contributions 8 |
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234 | 234 | | directed toward landscape connectivity shall be deposited in the Habitat 9 |
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235 | 235 | | Corridor Conservation Special Fund. 10 |
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236 | 236 | | § 4206. HABITAT CORRIDOR CONSERVATION STAMP 11 |
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237 | 237 | | (a) The Secretary shall be responsible for the contest, production, 12 |
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238 | 238 | | procurement, distribution, and sale of the Habitat Corridor Conservation Stamp 13 |
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239 | 239 | | and all marketable stamp by-products such as posters, artwork, calendars, and 14 |
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240 | 240 | | other items. For the purposes of the contest, the Secretary may cooperate with 15 |
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241 | 241 | | any reputable association, organization, or agency, and the Secretary may 16 |
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242 | 242 | | designate any person found by the Secretary to be competent to facilitate such 17 |
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243 | 243 | | contest. 18 |
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244 | 244 | | (b) Habitat Corridor Conservation Stamps shall be sold at the direction of 19 |
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245 | 245 | | the Secretary for a fee of $20.00. The Secretary shall deposit all revenue from 20 BILL AS INTRODUCED S.38 |
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250 | 250 | | the sale of Habitat Corridor Conservation Stamps in the Habitat Corridor 1 |
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251 | 251 | | Conservation Special Fund. 2 |
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252 | 252 | | (c) There is created the Habitat Corridor Conservation Stamp Advisory 3 |
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253 | 253 | | Committee to consult with and make recommendations to the Secretary 4 |
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254 | 254 | | regarding all projects and activities supported by the Habitat Corridor 5 |
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255 | 255 | | Conservation Special Fund. The Advisory Committee shall consist of five 6 |
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256 | 256 | | persons and up to three alternates appointed by and serving at the pleasure of 7 |
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257 | 257 | | the Secretary. The Secretary shall designate the Chair. The Secretary annually 8 |
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258 | 258 | | shall report to the Advisory Committee with an accounting of the Habitat 9 |
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259 | 259 | | Corridor Conservation Special Fund and the activities financed by the Fund. 10 |
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260 | 260 | | § 4207. HABITAT CORRIDOR CONSERVATION STAMP CONTEST 11 |
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261 | 261 | | (a) The Secretary may authorize a contest for the design of the Habitat 12 |
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262 | 262 | | Corridor Conservation Stamp. The Secretary may enter a contract or other 13 |
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263 | 263 | | agreement with an entity to conduct the contest. 14 |
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264 | 264 | | (b) The Secretary may authorize a fee to be charged for entry into the 15 |
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265 | 265 | | contest. The revenue from any fee shall first be used to pay for the costs of the 16 |
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266 | 266 | | contest. The Secretary shall deposit any revenue in excess of the costs of the 17 |
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267 | 267 | | contest into the Habitat Corridor Conservation Special Fund. 18 |
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268 | 268 | | § 4208. TAKE PROHIBITION ON WILDLIFE CROSSINGS ACQUIRED 19 |
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269 | 269 | | UNDER THIS CHAPTER 20 |
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270 | 270 | | (a) Except as authorized under this chapter, a person shall not: 21 BILL AS INTRODUCED S.38 |
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275 | 275 | | (1) take, possess, or transport wildlife that are within or entering a 1 |
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276 | 276 | | wildlife crossing where the Secretary of Natural Resources or Secretary of 2 |
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277 | 277 | | Transportation has prohibited the taking of wildlife; or 3 |
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278 | 278 | | (2) injure, damage, erode, or waste the wildlife crossing. 4 |
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279 | 279 | | (b) Any person who violates subsection (a) of this section by knowingly 5 |
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280 | 280 | | injuring wildlife within or entering a wildlife crossing or knowingly injuring, 6 |
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281 | 281 | | damaging, eroding, or wasting a wildlife crossing and who is subject to 7 |
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282 | 282 | | criminal prosecution under 13 V.S.A. chapter 81 may be required by the court 8 |
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283 | 283 | | to pay restitution for: 9 |
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284 | 284 | | (1) actual costs and related expenses incurred in treating and caring for 10 |
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285 | 285 | | the wildlife by the person incurring these expenses, including the costs of 11 |
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286 | 286 | | veterinarian services and Agency of Natural Resources staff time; or 12 |
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287 | 287 | | (2) reasonable mitigation and restoration costs such as wildlife 13 |
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288 | 288 | | restoration plans; habitat protection; and enhancement, transplanting, 14 |
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289 | 289 | | cultivation, and propagation. 15 |
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290 | 290 | | (c) The Secretary of Natural Resources or the Secretary of Transportation 16 |
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291 | 291 | | may prohibit the taking of wildlife on or within a wildlife crossing. 17 |
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292 | 292 | | Sec. 4. 32 V.S.A. § 5813 is amended to read: 18 |
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293 | 293 | | § 5813. STATUTORY PURPOSES 19 |
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294 | 294 | | * * * 20 BILL AS INTRODUCED S.38 |
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299 | 299 | | (aa) The statutory purpose of the Habitat Corridor Conservation Stamp 1 |
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300 | 300 | | credit in section 5830g of this title is to incentivize the sale of Habitat Corridor 2 |
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301 | 301 | | Conservation Stamps to pay for increased landscape connectivity in the State. 3 |
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302 | 302 | | Sec. 5. 32 V.S.A. § 5830g is added to read: 4 |
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303 | 303 | | § 5830g. CONSERVATION STAMP CREDIT 5 |
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304 | 304 | | A resident individual or part-year resident individual who purchased 6 |
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305 | 305 | | conservation stamps provided by the Secretary of Natural Resources shall be 7 |
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306 | 306 | | entitled to a nonrefundable credit against the tax imposed by section 5822 of 8 |
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307 | 307 | | this title for the taxable year. The credit shall be equal to one-half of the cost 9 |
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308 | 308 | | of any Habitat Corridor Conservation Stamps authorized under 10 V.S.A. 10 |
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309 | 309 | | § 4206 or any other stamp authorized by the Commissioner of Fish and 11 |
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310 | 310 | | Wildlife to generate revenue for the Species and Habitat Conservation Fund 12 |
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311 | 311 | | under 10 V.S.A. § 4047 that were purchased by the individual in the tax year. 13 |
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312 | 312 | | The credit under this section shall not exceed $40.00 per tax year. For 14 |
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313 | 313 | | purposes of this section, spouses filing jointly shall be considered an 15 |
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314 | 314 | | individual. 16 |
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315 | 315 | | Sec. 6. APPROPRIATIONS 17 |
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316 | 316 | | (a) The sum of $25,000.00 is appropriated from the General Fund to the 18 |
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317 | 317 | | Department of Fish and Wildlife in fiscal year 2026 to support public 19 |
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318 | 318 | | education, which may cover the importance of landscape connectivity, 20 |
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319 | 319 | | including habitat corridors and wildlife crossings, and outreach to encourage 21 BILL AS INTRODUCED S.38 |
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322 | 322 | | |
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323 | 323 | | VT LEG #378831 v.1 |
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324 | 324 | | purchases of Habitat Corridor Conservation Stamps and other stamps 1 |
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325 | 325 | | authorized by the Commissioner of Fish and Wildlife and directed toward and 2 |
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326 | 326 | | deposited in the Species and Habitat Conservation Fund under 10 V.S.A. 3 |
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327 | 327 | | § 4047. 4 |
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328 | 328 | | (b) The sum of $125,000.00 is appropriated from the General Fund to the 5 |
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329 | 329 | | Secretary of Natural Resource in fiscal year 2026 to support the amenable land 6 |
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330 | 330 | | inventory under 10 V.S.A. § 4203 and the conservation plan under 10 V.S.A. 7 |
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331 | 331 | | § 4204. 8 |
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332 | 332 | | Sec. 7. EFFECTIVE DATE 9 |
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333 | 333 | | This act shall take effect on July 1, 2025. 10 |
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