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 authorized 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 or endangered species and their habitats, as well as to restore, create, enhance, or preserve suitable habitats. Additionally, state regulatory agencies are encouraged to prioritize the use of this mitigation bank or in-lieu fee program when reviewing mitigation plans for state transportation projects.

The bill also 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 mitigation purposes, and streamlining the permitting process. Furthermore, it mandates that any agency or private party owning the mitigation bank must pay a sum to compensate for lost ad valorem taxes to the county. The original section 37-335 is repealed as part of this legislative update.

Statutes affected:
Introduced: 37-335