§ 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.