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 these species and their habitats, while also restoring and enhancing suitable habitats across Nebraska. The bill emphasizes the importance of using this program when reviewing mitigation plans for state transportation projects.

Additionally, the bill outlines the responsibilities of the Department of Transportation in relation to the mitigation bank or in-lieu fee program, including entering cooperative agreements, acquiring property for mitigation purposes, and streamlining the permitting process. It also mandates that any agency or private party owning a mitigation bank must compensate the county for lost ad valorem taxes. The original section 37-335 is repealed, indicating a complete overhaul of the existing legal framework regarding wildlife management and mitigation efforts in Nebraska.

Statutes affected:
Introduced: 37-335