Biological Diversity Policy

Nebraska does not have a formal biodiversity policy. However, the state's Natural Areas Register legislation states that quality of life is enhanced by the protection of natural diversity and that the protection of species and genetic diversity through habitat protection benefits humans. (Neb. Rev. Stat. 37-1401) In addition, ecosystem management goals are provided in two strategic plans recently adopted by the Nebraska Game and Parks Commission: the Stewardship Strategic Plan and the Nongame, Threatened and Endangered Species Strategic Plan.

Status of Biodiversity Science

Nebraska does not have a coordinated assessment system. Instead, the state utilizes the Natural Areas Register and GAP. GAP was scheduled to begin in 1995. By statute, an intergovernmental GIS system is being developed, although it is not directed at biodiversity since it is to be used by all levels of government. (Neb. Rev. Stat. 681-2601) In addition. the Nebraska Heritage program inventories the state for species found on the heritage list. Other survey work conducted by heritage biologists and botanists includes the quantification of vegetation and wildlife communities.

Endangered Species

Nebraska has an endangered species act, entitled the Nongame and Endangered Species Conservation Act, that covers all plant and animal species. (Neb. Rev. Stat. 37-430 et seq.) Listings are based on scientific criteria, although there is a public comment allowance and review procedure. Recovery plans are required, although no time frame is established. State agency consultation is required, and critical habitat designation is authorized. Violations of the act are punished as either class I or II misdemeanors.

State Agency Management for Biodiversity

State-owned Lands

No requirements for state agencies to manage their lands in a biologically sustainable manner were identified.

Cooperative Efforts

Cooperative efforts with private landowners are made through the use of several game management programs such as the Wildlife Habitat Improvement Program, Wetland Initiative Program, and Nebraska Acres for Wildlife. Cooperation with private landowners is required in the Natural Areas Register legislation. (Neb. Rev. Stat. 37-1406, 1407) In addition, cooperation is required by statute between the Department of Agriculture and other state and federal agencies for controlling noxious weeds. (Neb. Rev. Stat. 2-954(1)(b)(iv))

State Agency Training

Nebraska does not have identified programs of agency personnel training for biodiversity.

Impact Assessment

Nebraska does not have a "little NEPA." However, no local or state governmental entity may negatively impact a natural area without holding a public hearing and filing a statement of justification. (Neb. Rev. Stat. 37-1408) In addition, grants or loans to any political subdivision of the state from the Nebraska Resource Development Fund may not be approved if the adverse impacts on the environment are not minimized in the development plan. (Neb. Rev. Stat. 2-1588, 2-1594)

Habitat Acquisition

Nebraska has two statutory provisions for the acquisition of habitat. The Nebraska Environmental Trust Act allows for the acquisition of land to preserve wetlands and areas critical to rare or endangered species. (Neb. Rev. Stat. 81-15,167 et seq.) The act is funded in part by proceeds from the state lottery. However, most of the projects funded have been restoration projects, with only four out of 49 projects devoted to acquisition. The Nongame and Endangered Species Conservation Act authorizes habitat acquisition for species conservation (Neb. Rev. Stat. 37-435) This act is funded in part by an income tax check-off program and the Nongame and Endangered Species Conservation Fund. (Neb. Rev. Stat. 37-439) Actual amounts of funding were not provided.

Private Land Conservation

Nebraska has a number of statutes that facilitate the protection of biodiversity on private land. For example, the Conservation and Preservation Easements Act authorizes the creation of conservation easements. (Neb. Rev. Stat. 76-2,111 et seq.) The Natural Areas Act provides owners of registered natural areas with management assistance. (Neb. Rev. Stat. 37-1406) Finally, the state pays for the management and feeding of animals on lands along rivers that the owners have permitted to be made into a wild fowl sanctuary. (Neb. Rev. Stat. 37-402)

Exotic Species

Nebraska has a large number of weed control statutes to control plant exotic species, though few provisions exist to control animals. (Neb. Rev. Stat. 81-2,147.01 et seq.) Exceptions include a statute regulating the use of nonindigenous animal species in aquaculture. In addition, the importation of live fish, bait minnows, crayfish and frogs is strictly regulated. The Noxious Weed Control Act declares that it is the duty of landowners to control the spread of noxious weeds on their property. (Neb. Rev. Stat. 2952 et seq.) In addition, the sale of noxious weed seeds is strictly regulated.

Predator or Animal Damage Control Activities

Nebraska has an animal damage control program that is operated in conjunction with the federal government. (Neb. Rev. Stat. 23-358.01; 81-2,236) The federal agency concentrates on migratory bird problems, while the state focus is on big game. In addition, coyotes may be shot from aircraft by landowners. The state legislature recently repealed a 92 year-old law requiring that every landowner totally exterminate all prairie dogs by November 1st of each year, despite the opposition of farmers and ranchers.

Additional Legal Protections for Biodiversity

No constitutional or common law protections were identified by the research.

Related Issues

The state participates in Project WILD and is expected to publish a wildlife viewing guide in 1997. In addition, the cooperative extension programs cover topics related to biodiversity such as living wild resources. The University of Nebraska Cooperative Extension Programs that relate to biodiversity include a multi-discipline environmental education action team that focuses on living wild resources, and leadership in a multi-discipline, multi-agency Earthbound exposition at the Nebraska State Fair. Finally, a plan entitled "Natural Resources and Environmental Management" addresses biodiversity and related topics.

Nebraska does not currently have a takings law. However, a bill was postponed and will be carried over into the 1996 legislative session that would require the state to review regulations or rules that may constitute a taking of property.

Contacts:

Department of Agriculture
301 Centennial Mall So.
P.O. Box 94947
Lincoln, NE 68509
402-471-2341

Game and Parks Commission
2200 N. 33rd St.
P.O. Box 30370
Lincoln, NE 68503-0370
402-471-0641

State Extension Services
University of Nebraska
Lincoln, NE 68583-0703
402-472-2966