State Legislation

Nebraska Wildlife Federation works to educate Nebraska lawmakers about important fish and wildlife issues in Nebraska. We also educate Nebraskans about the impacts of the decisions made in our State Capitol on the fish, wildlife and wild places they love.

The 2011 legislative session proved to be a difficult one for fish and wildlife. In general, we and our allies bottled up legislation that would  gut Nebraska's in-stream flow law and largely eliminate the use of conservation easements. A portion of the Environmental Trust Fund was ear-marked for water projects that are a state obligation. With the state facing a budget deficit of over $980 million over two years, programs that protect and restore Nebraska natural resources came in for far more than their fair share of budget cuts, while legislators committed the state to divert $70 million per year in general funds to increase the Roads Department budget. 

2011 Federation Priority Legislation

Current Status

May 12, 2011

The Nebraska Legislature convened January 5, 2011 for a 90-day session that will end about June 8. May 17 marks day 80 of the session, and the last two working days are scheduled for June 1 and June 8.

River Flows: We oppose LB 103, introduced by Sen. Ken Schilz, which would eliminate the ability of the Game & Parks Commission or a Natural Resource District to apply for an in-stream flow water right to protect river flows needed for fish, wildlife or recreation in much of Nebraska. The bill could also make it more difficult to protect water needed to implement the Platte River Recovery Program.

Held in Natural Resources Committee

River Flows: We support LB 127, introduced by Sen. Bill Avery, which would ensure that Game & Parks Commission biologists are consulted when Natural Resource Districts develop Integrated Watershed Plans. Those plans are intended to balance water use and water supplies, and NRDs need to consult with Game & Parks to understand the impact of those plans of fish and wildlife.

Held in Natural Resources Committee

Environmental Trust: We oppose efforts to raid the Environmental Trust. LB 229 (Sen. Deb Fischer) would have diverted $7 million per year for 11 years from the Environmental Trust Fund to the Water Resources Cash Fund. On March 30, the Legislature amended LB 229 to eliminate the diversion of Environmental Trust funds, but provide a priority in awarding Trust funds for up to $3.3 million per year for 3 years for a grant proposal by the Department of Natural Resources that addresses water resource problems in the Platte, Republican and Upper Niobrara watersheds. As part of the compromise, LB 229A would increase state general funds going to the Water Resources Cash Fund to $3.9 million per year to match the Environmental Trust funds.

LR51ca would propose a constitutional amendment to eliminate the Environmental Trust Fund, splitting the money between the the Water Resources Cash Fund and the University's Innovation Campus. The Environmental Trust Fund provides money for fish and wildlife habitat all over Nebraska; and the Water Resources Cash Fund is used to buy out water rights in western Nebraska. We support state funds for the Water Resources Cash Fund, but do NOT support the diversion of Trust funds for that use as proposed by LR51ca..

LB 229 Passed on Final Reading 39-5, May 11

LB 229a Passed on Final Reading 41-2, May 11

Hearing on LR51ca held February 2, 2011;

Bill now held in Natural Resources Committee

Pipeline Regulation: We support LB 340 (our testimony). Introduced by Sen. Annette Dubas, the bill would provide for the regulation of interstate oil pipelines by the Nebraska Public Service Commission. The Commission would have authority to approve or deny a new pipeline, and a pipeline company would need to have a permit to exercise eminent domain to take private property. LB 629 (Sen. Sullivan) would make pipelines liable for any spill or leak (our testimony), and LB 578 (Haar) would require pipeline companies to maintain proof of financial responsibility to ensure cleanup and decommissioning (our testimony).

A weakened version of LB 629 was advanced from committee May 12, and would only require pipeline companies to restore the ground above the pipeline as close as possible to original vegetation and condition.

LB 629 advanced by Committee, 8-0, May 12

Other bills held in Natural Resources Committee

Conservation Easements: We oppose LB 529. Introduced by Sen. Tom Carlson, the bill would severely restrict the use of conservation easements by non-profit organizations; limit the Environmental Trust to using not more than 10% of its funds to acquire land or conservation easements; and allow a county board to deny a conservation easement for little or no reason. Conservation easements are a valuable tool to restrict development and protect habitat, and the bill would render them useless. (Our testimony) It appears the bill will be held for an Interim Study by the Committee after the session adjourns.

Held in Natural Resources Committee

Youth conservation: We support LB 549. Introduced by Sen. Brenda Council, the bill would create the Youth Conservation Program at Game & Parks, using funds from settlements with the state to employ at-risk youth to work in parks and other settings to boost their job skills while providing conservation benefits (our testimony).

Passed by Legislature 44-0, May 11

Other Legislation

Current Status

May 12

Hearing March 4, 2011.

Advanced to second reading,  April 18

Passed by Legislature 44-0, Signed by Governor

LB 329 Passed by Legislature 44-0, Signed by Governor

Passed by Legislature

41-2, Signed by Governor

Hearing Feb. 15, 2011

Advanced from Committee

Hearing March 10, 2011.

Held in Natural Resources 

Passed by Legislature 43-0, May 11