Section 35D. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Natural Heritage and Endangered Species Fund, for nongame wildlife programs in the commonwealth. Said fund shall consist of all revenues received by the commonwealth and credits: (1) under the provisions of section six D of chapter sixty-two and section thirty-eight L of chapter sixty-three; (2) from public and private sources as gifts, grants, and donations to further nongame wildlife programs; (3) from the federal government as reimbursements, grants-in-aid or other receipts on account of the division of fisheries and wildlife nongame activities; or (4) fines and penalties received on account of litigation or settlement thereof for a violation of chapter one hundred and thirty-one A or the regulations promulgated thereunder.

Terms Used In Massachusetts General Laws ch. 10 sec. 35D

  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

All revenues credited under this section shall remain in said Natural Heritage and Endangered Species Fund: to acquire by purchase, lease, easement or license land or interests therein critical to nongame wildlife and endangered species for the multiple purposes of protecting and enhancing nongame wildlife and encouraging compatible wildlife uses; to manage, inventory, preserve, protect, perpetuate, and enhance nongame wildlife in the commonwealth; and to supplement funds provided to the natural heritage program for the inventory of nongame wildlife and endangered species. The state treasurer shall not deposit said revenues in or transfer said revenues to the General Fund or any other fund other than the Natural Heritage and Endangered Species Fund.

The state treasurer shall receive and deposit all revenues transmitted to him under the provisions of this section in such manner that will ensure the highest rate of interest available consistent with the safety of the fund, and in an account from which amounts may be withdrawn at any time without penalty for such withdrawal, all interest accrued shall be deposited into the fund.