Nebraska Statutes 37-812. Transportation infrastructure; act, applicability
The Nongame and Endangered Species Conservation Act does not apply to any action of an exempt party in furtherance of its lawful duties associated with designing, constructing, reconstructing, repairing, operating, or maintaining transportation infrastructure, except that:
Terms Used In Nebraska Statutes 37-812
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) This exemption does not extend to any state agency as defined in section 37-807 performing any action that would require consultation pursuant to subsection (3) of section 37-807 if such state agency is not actually engaged in designing, constructing, reconstructing, repairing, operating, or maintaining transportation infrastructure; and
(2) The Nongame and Endangered Species Conservation Act applies to any initial action by an exempt party that creates new transportation infrastructure in areas not previously dedicated to the exempt party’s lawful duties or any subsequent action that increases the area of existing transportation infrastructure.