This bill amends section 37-335 of the Reissue Revised Statutes of Nebraska to establish a framework 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 create 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, while also streamlining the permitting process and enhancing ecological efficiency.

Additionally, the bill outlines the responsibilities of the Department of Transportation, which include entering into cooperative agreements for the operation of the mitigation bank, acquiring property for habitat restoration, and ensuring that state regulatory agencies prioritize the use of the mitigation bank when reviewing mitigation plans. It also mandates that any entity owning the mitigation bank must compensate the county for lost ad valorem taxes. The original section 37-335 is repealed as part of this legislative update.

Statutes affected:
Introduced: 37-335