Nebraska Revised Statutes Chapter 39. Highways and Bridges § 39-1320.01. Taking of threatened or endangered species, habitat of such species, or wetlands; mitigation bank or in-lieu-fee program; department; powers; sum in lieu of ad valorem taxes; when required

(a) The taking of threatened or endangered species or such species' habitat;

(b) The dredging or filling of wetlands; and

(c) Restoration, creation, enhancement, or preservation of habitats, wetlands, or other resources.

(a) Enter into one or more cooperative agreements with a state or local public agency or private party, including for-profit and not-for-profit entities, for the establishment, use, operation, and maintenance of the mitigation bank or in-lieu-fee program;

(b) Acquire title to real property through purchase, bequest, donation, or eminent domain for use with the mitigation bank or in-lieu-fee program to mitigate the impacts of any transportation project administered by the department;

(c) Establish or restore habitats, wetlands, and natural resources for threatened and endangered species and impacts to the environment and natural resources across Nebraska;

(d) Provide a consistent and simplified approach to address mitigation requirements associated with permits or authorizations issued by federal and state agencies;

(e) Streamline the permitting and consultation process, minimize delays in permit decisions, and decrease the burden on permit applicants regarding planning and performing compensatory mitigation for the following relating to any transportation project administered by the department:

(f) Increase the ecological efficiency and effectiveness of compensatory mitigation;

(g) Replace impacted acres of land by providing for the establishment of a net increase in suitable acres, functions, and values for threatened and endangered species, habitats, wetlands, and other natural resources by using a fair, reasonable, and practicable ratio of compensatory mitigation acres to offset the impacts of any transportation project administered by the department;

(h) Achieve a net increase in conservation land functions and values for threatened and endangered species, habitats, wetlands, and other natural resources impacted by any transportation project administered by the department; and

(i) Provide research and educational opportunities to advance the understanding and conservation of threatened and endangered species, habitats, wetlands, and other natural resources impacted by any transportation project administered by the department.