This bill amends section 37-335 of the Reissue Revised Statutes of Nebraska to introduce provisions for a mitigation bank or an in-lieu fee program aimed at addressing the incidental taking of threatened or endangered species. The Department of Transportation is granted the authority to establish and operate this program in accordance with state and federal laws. The purpose of the program is to provide compensatory mitigation for the impacts of permitted activities on threatened and endangered species and their habitats, as well as to streamline the permitting process and enhance ecological efficiency.

Additionally, the bill outlines the responsibilities of the Department of Transportation in relation to the mitigation bank or in-lieu fee program, including entering into cooperative agreements, acquiring property for habitat restoration, and ensuring that state regulatory agencies prioritize this program when reviewing mitigation plans. It also mandates that any entity owning the mitigation bank must pay a sum in lieu of ad valorem taxes lost by the county. The original section 37-335 is repealed as part of this legislative update.

Statutes affected:
Introduced: 37-335