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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1098
Introduced by Juarez, 5; DeBoer, 10; Fredrickson, 20; Guereca, 7.
Read first time January 16, 2026
Committee: Transportation and Telecommunications
A BILL FOR AN ACT relating to railroads; to adopt the State Rail Plan1
Act. 2
Be it enacted by the people of the State of Nebraska,3
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Section 1. Sections 1 to 7 of this act shall be known and may be1
cited as the State Rail Plan Act. 2
Sec. 2. For purposes of the State Rail Plan Act:3
(1) Department means the Department of Transportation; and4
(2) State rail plan means the state rail plan that is prepared and5
maintained pursuant to section 5 of this act. 6
Sec. 3. (1) The department is designated as the rail transportation7
authority for preparing, maintaining, coordinating, and administering a8
state rail plan. 9
(2) The Governor, or the Governor's designee, is designated as the10
state rail plan approval authority for approving a state rail plan.11
Sec. 4. Each year, the department shall: 12
(1) Conduct a study of passenger rail service provided in this13
state. Such study shall be conducted prior to November 1 of each year and14
include information relating to the passenger rail service that is15
provided in this state and the potential for additional passenger rail16
service; and 17
(2) Produce a report that contains the findings from such study and18
electronically deliver such report to the Clerk of the Legislature no19
later than December 31 of each year. 20
Sec. 5. (1) No later than June 30, 2027, the department shall21
prepare a state rail plan pursuant to 49 U.S.C. 22702, as such section22
existed on January 1, 2026. 23
(2) The department shall maintain the state rail plan. At least24
annually, the department shall review and may revise the state rail plan.25
(3) Within ten days after preparing or revising the state rail plan,26
the department shall electronically submit the prepared or revised state27
rail plan to the Governor for approval or denial. The Governor shall,28
within thirty days after receiving such submitted state rail plan,29
approve or deny such submitted state rail plan and electronically notify30
the department and the Clerk of the Legislature of such approval or31
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denial. 1
(4) Within ten days after receiving an approval from the Governor2
under this section, the department shall submit the prepared or revised3
state rail plan to the United States Secretary of Transportation as4
specified in 49 U.S.C. 22702, as such section existed on January 1, 2026.5
Sec. 6. (1) The state rail plan shall include:6
(a) The minimum requirements specified in 49 U.S.C. 22705, as such7
section existed on January 1, 2026; 8
(b) A description of the passenger rail service available in this9
state and potential ways to increase the volume or improve the quality of10
available passenger rail service; 11
(c) A list of railroad tracks that require upgrading or improving;12
(d) A description of how railroads are intended to correlate with13
other transportation infrastructure in this state;14
(e) Proposals for increasing freight and passenger rail capacity15
traveling within and through this state; and 16
(f) Available options and current plans for obtaining federal grants17
to carry out the state rail plan. 18
(2) The department shall consider the following when preparing or19
revising the state rail plan: 20
(a) Public feedback; 21
(b) Feedback from rail transportation advocacy groups;22
(c) Feedback from passenger rail advocacy groups;23
(d) Studies conducted by the department; 24
(e) Economic development opportunities; 25
(f) Intrastate transit available for passengers or freight and areas26
in need of or that could benefit from increasing such availability; and27
(g) Interstate transit opportunities available for passengers or28
freight and areas in need of or that could benefit from increasing such29
availability. 30
Sec. 7. The department may: 31
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(a) Conduct studies and collect public feedback relating to the1
state rail plan and incorporate the findings from such studies and public2
feedback into the state rail plan; and 3
(b) Adopt and promulgate rules and regulations to carry out the4
State Rail Plan Act. 5
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