Nebraska 109th Legislature (2025-2026) Status: In Committee

LB 590 — Provide for a mitigation bank or an in-lieu fee program relating to the incidental taking of threatened or endangered species habitat

Last action — Provisions/portions of LB590 amended into LB36 by AM635

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Legislature
  4. 4
    To Executive
  5. 5
    Enacted

This bill is in committee in the Legislature. Introduced January 22, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Legislature.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a framework for a mitigation bank and in-lieu fee program to address the incidental taking of threatened or endangered species in Nebraska.

  • 37-335

    (2) The Department of Transportation may by rule and regulation establish, use, and operate a mitigation bank or an in-lieu fee program in accordance with applicable state and federal laws.

    This change adds provisions for the Department of Transportation to create mitigation banks and in-lieu fee programs.

  • 37-335

    (3) The purpose of the mitigation bank or in-lieu fee program is to provide compensatory mitigation for the incidental take of threatened or endangered species and such species' suitable habitat arising out of permitted activities, and restoring, creating, enhancing, preserving, or any combination thereof, habitats or resources where the Department of Transportation or other individual or entity is required to provide compensatory mitigation for permitted activities.

    This language specifies the purpose of the mitigation bank and in-lieu fee program.

  • 37-335

    (4) State regulatory agencies shall make a good faith effort to use and give priority to the mitigation bank and in-lieu fee program established by the Department of Transportation when consulting on or reviewing mitigation plans for the impacts of permitted state transportation projects.

    This mandates state agencies to prioritize the new mitigation strategies when reviewing projects.

  • 37-335

    (5) If the Department of Transportation establishes a mitigation bank or an in-lieu fee program pursuant to subsection (2) of this section, the Department of Transportation may: ...

    This outlines the powers granted to the Department of Transportation concerning the mitigation bank or in-lieu fee program.

  • 37-335

    (6) A state or local agency or private party that owns the mitigation bank acquired to restore, enhance, preserve, or create suitable habitat shall also pay a sum in lieu of ad valorem taxes lost by the county.

    This clause ensures that entities managing mitigation banks compensate counties for lost tax revenue.

  • 37-335

    Sec. 2. Original section 37-335, Reissue Revised Statutes of Nebraska, is repealed.

    This indicates the repeal of the original text of section 37-335.

Action History

  1. Provisions/portions of LB590 amended into LB36 by AM635

  2. Motion to suspend rules to indefinitely postpone withdrawn

  3. Motion to suspend rules to indefinitely postpone filed

  4. Motion to suspend rules to indefinitely postpone prevailed

  5. Indefinitely postponed

  6. Motion to suspend rules to indefinitely postpone filed

  7. Placed on General File with AM289

  8. Natural Resources AM289 filed

  9. Moser AM214 filed

  10. Notice of hearing for February 12, 2025

  11. Referred to Natural Resources Committee

  12. Date of introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 48 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (48)

48 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors LB 590?
LB 590 is sponsored by Mike Moser.
What is the current status of LB 590?
This bill is in committee in the Legislature. Introduced January 22, 2025. It must pass committee before a floor vote.
Where can I track LB 590?
Track LB 590 free on One Click Politics — get push/email alerts when it moves.

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