reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-271 - Production of wind or solar energy; agreements; terms, defined.

72-271.
Production of wind or solar energy; agreements; terms, defined.
For purposes of sections 72-270 to 72-274:
(1) Agreement means (a) for purposes of a solar energy system, a solar agreement as defined in section 66-909 and (b) for purposes of a wind energy conversion system, a wind agreement as defined in section 66-909.04;
(2) Board means the Board of Educational Lands and Funds;
(3) Lessee means any individual, corporation, or other entity that enters into an agreement with the board;
(4) Solar energy means radiant energy, direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy; and
(5) Wind energy has the definition found in section 66-909.01.
Source
Laws 2010, LB235, § 2;
Laws 2012, LB828, § 12.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-272 - Production of wind energy or solar energy; agreements; board; powers.

72-272.
Production of wind energy or solar energy; agreements; board; powers.
The board may authorize agreements for the use of any school or public lands belonging to the state and under its control for exploration and development of wind energy or solar energy for such durations and under such terms and conditions as the board shall deem appropriate, except that such agreements shall comply with sections 66-901 to 66-914. In making such determinations, the board shall consider comparable arrangements involving other lands similarly situated and any other relevant factors bearing upon such agreements.
Source
Laws 2010, LB235, § 3;
Laws 2012, LB828, § 13.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-273 - Wind energy or solar energy agreement; prior lease; effect on rights; compensation for damages.

72-273.
Wind energy or solar energy agreement; prior lease; effect on rights; compensation for damages.
(1) If an agreement relating to wind energy or solar energy is authorized by the board on land already being leased for agricultural or other purposes by a prior lessee, the existing rights of the prior lessee shall not be impaired, and the board shall reduce the rental amount due from such prior lessee in proportion to the amount of land that is removed from use as a result of the agreement.
(2) A lessee for agricultural or other purposes shall be compensated for all damages to personal property owned by such lessee or to growing crops, including grass, caused by operations under a concurrent agreement regarding such land for wind energy or solar energy purposes, and the board shall require the lessee under the agreement to provide such insurance and indemnity agreements which the board determines are necessary for the protection of the state and its lessees.
(3) If an agreement relating to wind energy or solar energy is authorized by the board on land concurrently being leased for agricultural purposes, the lessee for agricultural purposes shall have priority as to the use of the water on the land, but lessees for other purposes, including parties to agreements relating to wind energy or solar energy, shall be allowed reasonable use of the water on the land.
Source
Laws 2010, LB235, § 4;
Laws 2012, LB828, § 14.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-274 - Wind energy or solar energy agreement; rules and regulations.

72-274.
Wind energy or solar energy agreement; rules and regulations.
The board may adopt and promulgate such rules and regulations as it shall deem necessary and proper to regulate the agreements relating to wind energy or solar energy exploration and development on school and public lands pursuant to sections 72-270 to 72-274 and to prescribe such terms and conditions, including bonds, as it shall deem necessary in order to protect the interests of the state and its lessees.
Source
Laws 2010, LB235, § 5;
Laws 2012, LB828, § 15.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-301 - State lands, lakes, and rivers; mineral rights; reserved to state; exception.

72-301.
State lands, lakes, and rivers; mineral rights; reserved to state; exception.
All common school, university, normal, saline or other public lands, lakes, lake beds, river beds and channels, belonging to the state or under its control, and all lands which may hereafter be so owned, and all of such lands which have heretofore been sold or conveyed by the state or by its authority, in the conveyance of which there has been reserved mineral or other valuable substances therein, are reserved to the state, as well as lands that may hereafter be sold, and lands hereafter acquired by the state and, except as to oil and gas which are controlled by the provisions of sections 72-901 to 72-911, shall be included within the provisions of sections 72-301 to 72-314, and shall be open to the prospecting for and development of minerals, potash and other valuable substances upon conditions provided in sections 72-301 to 72-314.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 1, p. 43;
C.S.1922, § 5219;
C.S.1929, § 72-301;
Laws 1943, c. 164, § 13, p. 583;
R.S.1943, § 72-301.
Annotations
Reservation of oil rights did not apply to contracts of sale entered into prior to enactment of this act. Pfeifer v. Ableidinger, 166 Neb. 464, 89 N.W.2d 568 (1958).
This article is constitutional as against contentions that it violates sections 11, 13, and 15 of Article III of the Constitution and the fourteenth amendment to the federal Constitution. Briggs v. Neville, 103 Neb. 1, 170 N.W. 188 (1918).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-302 - Mineral rights; who may acquire.

72-302.
Mineral rights; who may acquire.
Any person or association of persons, corporate or otherwise, desiring to obtain the right to prospect for and develop the minerals or valuable substances upon or in any of the public lands or waters of the state, except oil and gas, may do so under the provisions of sections 72-301 to 72-314. It shall be unlawful to prospect upon or in any of such public lands or waters without a lease or for anyone to interfere with the functions and duties of the state surveys having in charge the investigations of the natural resources of the state. The Conservation and Survey Division of the University of Nebraska at the request of the Board of Educational Lands and Funds shall make investigations and reports concerning state lands.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 2, p. 43;
C.S.1922, § 5220;
C.S.1929, § 72-302;
Laws 1943, c. 164, § 14, p. 584;
R.S.1943, § 72-302;
Laws 1969, c. 592, § 1, p. 2444;
Laws 1974, LB 811, § 17;
Laws 1999, LB 779, § 44.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-303 - Mineral rights; lease; limitations; term.

72-303.
Mineral rights; lease; limitations; term.
Any qualified person or association desiring a prospector's right shall make application, giving the designation of the land by legal description, to the Board of Educational Lands and Funds, with the proper fees, and the board shall issue a lease therefor. If the applicant is an individual, the application shall include the applicant's social security number. The board may exercise discretionary power, and be guided by best public policy in granting leases, and may adopt rules, regulations, or resolutions necessary to expedite production, and to best preserve the interests and integrity of the state, and to prevent control by monopolies and alien enemies. No person shall be permitted to enter for such mineral purposes more than one section of land, and no development company or association shall be permitted to acquire in the aggregate more than ten thousand acres of state land by assignment or otherwise. Leases shall be for a term of not to exceed three years, subject to renewal as provided in section 72-307.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 3, p. 44;
C.S.1922, § 5221;
C.S.1929, § 72-303;
R.S.1943, § 72-303;
Laws 1997, LB 752, § 200;
Laws 1999, LB 779, § 45.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-304 - Mineral rights; development operations; reports; when.

72-304.
Mineral rights; development operations; reports; when.
The owner of the lease shall be required, in the case of potash, salines, silica, volcanic ash, sand, gravel, clay, fuller's earth, and tripoli, to report within thirty days after the issuance of such lease, and to begin construction of necessary works or the installation of necessary machinery, for the physical development of the area, within ninety days after the issuance of a lease. In the case of minerals, substances not above enumerated, and coal, the lessee shall report within six months after issuance of the lease, and begin development operations within one year from the date of the lease. The lessee shall make reports to the Board of Educational Lands and Funds showing the progress of the work on or before December 1 of each year.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 4, p. 44;
C.S.1922, § 5222;
C.S.1929, § 72-304;
Laws 1943, c. 164, § 15, p. 584;
R.S.1943, § 72-304;
Laws 1999, LB 779, § 46.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-305 - Mineral rights; lease; forfeiture; grounds.

72-305.
Mineral rights; lease; forfeiture; grounds.
Failure to progress with due diligence, or failure to make reports regularly as provided, or special reports when requested, or the filing of a statement which is untrue as to material facts, will subject the lease to forfeiture, and the termination of the rights of the lessee upon an order of the Board of Educational Lands and Funds.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 5, p. 45;
C.S.1922, § 5223;
C.S.1929, § 72-305;
R.S.1943, § 72-305;
Laws 1999, LB 779, § 47.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-306 - Minerals; discovery; report required; delay in development; powers of board.

72-306.
Minerals; discovery; report required; delay in development; powers of board.
Upon the discovery of potash or other minerals or substances in commercial quantities, the lessee shall report the same to the Board of Educational Lands and Funds within thirty days, together with a statement showing how soon facilities necessary for production and marketing may be completed. If the board deems there is an unnecessary delay between the time of discovery and the time of production, a showing may be required as to the cause of the delay and, if it be found to be out of proportion to a reasonable length of time, the board may demand more rapid development or the surrender or cancellation of the lease.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 6, p. 45;
C.S.1922, § 5224;
C.S.1929, § 72-306;
Laws 1943, c. 164, § 16, p. 584;
R.S.1943, § 72-306.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-307 - Mineral rights; lease; renewal; when authorized; terms.

72-307.
Mineral rights; lease; renewal; when authorized; terms.
The lessee may have a right to the renewal of the lease upon the same terms as provided in section 72-303, so long as such minerals or other valuable substances are produced in paying quantities;
Provided,
such leases shall in no instance contain any provision abridging the rights of future legislatures to make such laws as may in their judgment be necessary to conserve the interests of the state. If the lessee shall have made extensive tests, or a showing satisfactory to the Board of Educational Lands and Funds that he has proceeded in good faith, even though no successful production has resulted, the board may, upon such showing, grant an extension or renewal for further prospecting.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 7, p. 45;
C.S.1922, § 5225;
C.S.1929, § 72-307;
R.S.1943, § 72-307.
Annotations
That no provision is made in this section for ascertaining the amount of damages to growing crops does not injure the agricultural lessee's right to compensation for any such damage. Briggs v. Neville, 103 Neb. 1, 170 N.W. 188 (1918).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-308 - Mineral rights; lease; terms; rights and duties of lessee.

72-308.
Mineral rights; lease; terms; rights and duties of lessee.
A mineral prospector's lease shall be issued to the highest and best bidder. The lease issued shall provide that the royalty shall be not less than five percent, in addition to the rent to be determined by the Board of Educational Lands and Funds after examination and report by the Conservation and Survey Division of the University of Nebraska and before leasing. Such minerals or substances shall be set apart in pipelines, tanks, or other receptacles, suitable for receiving the same, to the credit and benefit of the state or, at the option of the state and by the approval of the board, the lessee shall pay the board each thirty days the gross market value thereof in cash. The state shall reserve the right to fully use and enjoy, for tillage or other agricultural use, the area leased for minerals, except such parts thereof as may be necessary for mining and development purposes, and a right-of-way over and across the premises to the place of mining or operating, and for pipelines. The lessee shall pay for all damages to growing crops, caused by such operations, and for the use of the land necessarily occupied. The lessee shall have the privilege of using sufficient water from the premises leased to run necessary boilers and engines incident to and used in the operations of the drills, mines, or development of products covered by the lease, and the right to remove the machinery, fixtures, and buildings placed on the premises by the lessee or those acting under the lessee. The state, or its authorized agent, may pay for and retain any structures or improvements sought to be removed by the lessee upon the abandonment, expiration, or cancellation of the lease.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 8, p. 45;
C.S.1922, § 5226;
C.S.1929, § 72-308;
Laws 1943, c. 164, § 17, p. 585;
R.S.1943, § 72-308;
Laws 1969, c. 592, § 2, p. 2444;
Laws 1999, LB 779, § 48.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-309 - Mineral rights; lease; bids; award; how made.

72-309.
Mineral rights; lease; bids; award; how made.
Where two or more applications are received for the same land, the rights thereon may be awarded to the legally qualified applicant making the highest and best bid, to be determined by taking into consideration both the bonus and royalty, the award being made after proper legal notice in such manner as the Board of Educational Lands and Funds shall determine best calculated to protect public interests.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 9, p. 46;
C.S.1922, § 5227;
C.S.1929, § 72-309;
R.S.1943, § 72-309.
Annotations
It is the duty of the board in considering bids for leases to investigate as to the relative advantages that would accrue to the state under the respective offers. Briggs v. Neville, 103 Neb. 1, 170 N.W. 188 (1918).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-310 - Mineral rights; lease; entry by state; when authorized.

72-310.
Mineral rights; lease; entry by state; when authorized.
The right of the state, or its authorized agents, to enter upon its own lands, and to remove therefrom any substances necessary for road construction, or in structures of public buildings, or other public or general purposes, shall not be denied or abridged by any lease granted hereunder.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 10, p. 46;
C.S.1922, § 5228;
C.S.1929, § 72-310;
R.S.1943, § 72-310.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-311 - Mineral rights; lease; assignment; unauthorized transfers.

72-311.
Mineral rights; lease; assignment; unauthorized transfers.
No assignment shall be valid unless it has the approval of the Board of Educational Lands and Funds and has been recorded in the office of the board, and, if the grantee is otherwise legally disqualified, approval by the board, or recording, will not make such assignment valid. Any association, corporate or otherwise, operating on state lands, transferring its interests or capital stock, or more than ten percent thereof, to any association or corporation which is legally disqualified for holding, or which has its full quota of state leases, will render the leases it holds void upon an order of the state board or act of the Legislature. The purpose of sections 72-301 to 72-314 is to prevent for all times, directly and indirectly, the monopolization of natural resources of the State of Nebraska.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 11, p. 47;
C.S.1922, § 5229;
C.S.1929, § 72-311;
R.S.1943, § 72-311.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-312 - Alkali, potash, or saline lakes partly on state land; joint operation; failure to agree; effect.

72-312.
Alkali, potash, or saline lakes partly on state land; joint operation; failure to agree; effect.
Alkali, potash, or saline lakes, ponds, or marshes, located partly upon state lands and partly upon private lands, shall be measured, tested, and analyzed by the Conservation and Survey Division of the University of Nebraska which shall report to the Board of Educational Lands and Funds, and the proportion of the area and content belonging to each owner shall be determined from such report. If the state lessees and private owners or lessees are unable to agree for joint operation of such area, no alkali, potash, or salines in solution shall be removed from such ponds, lakes, or marshes until after thirty days' notice by certified or registered mail to all parties concerned. Any or all parties may then operate by rendering monthly an accounting to the board and by paying to the county treasurer in the county in which the land is located, for the state educational funds, the royalty due the state, as determined by the board. The state shall, at all times, be permitted to examine the books and methods of bookkeeping with relation to the accounts in which the state is interested and to furnish, if deemed necessary by the board, assistants to make analyses or for checking the quality and quantity of minerals or substances removed.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 12, p. 47;
C.S.1922, § 5230;
C.S.1929, § 72-312;
R.S.1943, § 72-312;
Laws 1969, c. 592, § 3, p. 2445;
Laws 1987, LB 93, § 18.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-313 - Violations; penalty.

72-313.
Violations; penalty.
Any person operating pumps, or providing channels, or altering natural conditions in any way, by which the waters and valuable substances upon or in public lands and waters of the state are taken, drained or removed, without first securing approval of the Board of Educational Lands and Funds, shall be deemed guilty of a Class II misdemeanor and subject to an additional fine equal to the value of the product taken.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 14, p. 48;
C.S.1922, § 5232;
C.S.1929, § 72-313;
R.S.1943, § 72-313;
Laws 1977, LB 39, § 179.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-314 - Rules; power of Board of Educational Lands and Funds.

72-314.
Rules; power of Board of Educational Lands and Funds.
Rules may be adopted by the Board of Educational Lands and Funds found necessary for carrying out the purposes and provisions of sections 72-301 to 72-314, and such rules, where not in conflict with said sections, shall have the same force and effect.
Source
Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 15, p. 48;
C.S.1922, § 5233;
C.S.1929, § 72-314;
R.S.1943, § 72-314.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-407 - Federal forts; preservation, restoration and development board; membership.

72-407.
Federal forts; preservation, restoration and development board; membership.
Upon filing, with the Governor, a petition signed by one hundred qualified electors of any county wherein is situated in whole or in part an abandoned federal fort suitable for preservation as a historical site for memorial and state park purposes, praying for the creation and establishment of Fort ......... Preservation, Restoration and Development Board, hereinafter called board, the Governor shall, within thirty days after receiving such petition, select two residents of the county wherein the fort site, or a major portion of the fort site, is located, and one resident of an adjoining county, who shall act as trustees on the board. The Governor shall notify in writing forthwith the first trustees selected by him to serve on the board, by communication addressed through the mail to each of them. The Governor shall forward a copy of his letters of appointment to the county treasurer of the county in which the fort or a major portion of the fort site is located, who acts as treasurer ex officio of the board as provided in section 72-416.
Source
Laws 1941, c. 148, § 1, p. 583;
C.S.Supp.,1941, § 72-411;
R.S.1943, § 72-407;
Laws 1959, c. 331, § 1, p. 1204.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-408 - Preservation, restoration and development board; trustees; term; qualifications.

72-408.
Preservation, restoration and development board; trustees; term; qualifications.
The term of office of the trustees on the board shall be for a period of three years, except the first trustees on the board, who shall be appointed by the Governor as follows: One trustee for one year, one trustee for two years, and one trustee for three years. Each of the trustees first or thereafter appointed shall be a person who is interested in the preservation, restoration and development of the fort property as a memorial to Nebraska pioneers, and as a reservation to preserve the ideals of Nebraska's early settlers as a state park, or other appropriate historical memorial site. When the respective terms of office of the first trustees appointed to the board shall expire, their successors shall be selected by the county board of the county wherein the fort site or a major portion of the fort site is located; and the trustees appointed to the board shall each hold office until his successor is appointed and qualified.
Source
Laws 1941, c. 148, § 1, p. 583;
C.S.Supp.,1941, § 72-411;
R.S.1943, § 72-408.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-409 - Board; minute book; vacancies; how filled.

72-409.
Board; minute book; vacancies; how filled.
The board shall keep a minute book of its proceedings, which shall be open at all reasonable times to public inspection. Vacancies appearing on the board shall be filled by the county board in like manner as regular appointments to the board are made.
Source
Laws 1941, c. 148, § 1, p. 583;
C.S.Supp.,1941, § 72-411;
R.S.1943, § 72-409.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-410 - Board; office; records; organization; officers; meetings.

72-410.
Board; office; records; organization; officers; meetings.
The board shall maintain its office or principal place of business in the office of the county clerk of the county where its treasurer has his or her office and shall hold its meetings, which shall be open to the public, in the district courtroom of such county. The minute book of the board and all other papers, records, or correspondence shall be kept on file and preserved by its secretary in the office of the county clerk. The first board shall organize within ten days after the date of its written notice of appointment by the Governor. The county treasurer shall, upon receipt of his or her copy of the letters of appointment from the Governor, issue a call for the initial meeting of the trustees for a day and hour certain, shall call the meeting to order, shall act as temporary chairperson, shall examine and verify the credentials of the Governor's appointees to the board with his or her copy thereof, and shall deliver all documents of credentials to the secretary of the board when he or she is later chosen. The appointees shall select from their own number a chairperson and a secretary, whose terms of office shall be for a period of one year. Each year thereafter the board shall hold its annual meeting and shall meet and organize for the ensuing year at the place designated in this section for holding its regular meetings on the day and hour prescribed by the bylaws. Notice of the time and place of holding the annual meeting of the board shall be given by the secretary by publication one time in a legal newspaper published in and of general circulation in the county or, if none is published in the county, in a legal newspaper of general circulation in the county not less than ten days before the day when the annual meeting is held. The chairperson and secretary shall hold office until their successors are selected and qualified.
Source
Laws 1941, c. 148, § 2, p. 584;
C.S.Supp.,1941, § 72-412;
R.S.1943, § 72-410;
Laws 1986, LB 960, § 38.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-411 - Board; trustees; oath.

72-411.
Board; trustees; oath.
All trustees comprising the board shall take an oath in writing in such form as the county attorney of the county shall provide and approve, faithfully to execute the duties and trusts committed to their care and management, and to dispose of the funds and income and corpus of such trusts in conformity with sections 72-407 to 72-420 and the wishes expressed in the instruments creating the trust estates.
Source
Laws 1941, c. 148, § 2, p. 584;
C.S.Supp.,1941, § 72-412;
R.S.1943, § 72-411.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-412 - Boards; powers and duties.

72-412.
Boards; powers and duties.
The boards created and governed by sections 72-407 to 72-420 shall be bodies corporate and politic, and may sue and be sued, may contract or be contracted with; may acquire, hold, mortgage, and convey property, real or personal, directly or indirectly, for the purpose of acquiring abandoned federal fort sites and preserving, restoring, or developing the same in keeping with the intent and purpose of the sections above specified; may take private property for public use in acquiring such fort sites; may exercise the power of eminent domain so granted in the manner set forth in sections 76-704 to 76-724; may exercise all ancillary powers to carry into force and effect all powers granted in general terms; may adopt bylaws not inconsistent with the sections above specified to assist them in carrying out their functions and duties specifically granted herein; may receive and safeguard donations, gifts in cash or its equivalent, and donations in trust subservient to the uses stipulated by donors; may cooperate with and enter into contracts with the United States of America or any of its bureaus, divisions, or agencies, for the acquisition, restoration, development, and maintenance of abandoned fort sites, for the repair of existing buildings, and for the construction of buildings and other improvements thereon; may issue membership or foundation certificates, and receive the proceeds thereof under such terms and conditions as provided in the bylaws; and may issue revenue bonds for the purpose of effectuating the intent of the sections above specified in such method or manner as the bylaws shall provide.
Source
Laws 1941, c. 148, § 3, p. 585;
C.S.Supp.,1941, § 72-413;
R.S.1943, § 72-412;
Laws 1951, c. 101, § 112, p. 500.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-413 - Forts; federal aid; acceptance.

72-413.
Forts; federal aid; acceptance.
Full and complete acceptance and assent is made and given by the State of Nebraska to all and every one of the terms and conditions set forth in the Acts of Congress which offer aid to the state for the agencies of the state government, including boards created by section 72-407, by way of grants in aid of construction of public buildings for the preserving, restoring and developing of abandoned federal fort sites.
Source
Laws 1941, c. 148, § 4, p. 585;
C.S.Supp.,1941, § 72-414;
R.S.1943, § 72-413.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-414 - Board; employees; compensation.

72-414.
Board; employees; compensation.
The board of trustees shall have power to pass bylaws for the regulation of its business and affairs, and in such bylaws shall provide for the appointment or employment of such agents, servants and employees, subject to the order of the board, as it may find necessary or expedient in the conduct of its affairs and business, and shall fix the compensation and term or terms of service of the agents, servants and employees so appointed.
Source
Laws 1941, c. 148, § 5, p. 585;
C.S.Supp.,1941, § 72-415;
R.S.1943, § 72-414.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-415 - Board; secretary; duties.

72-415.
Board; secretary; duties.
The secretary of the board shall keep the minutes of the board and shall perform such other services as may be required by him of the board, and may receive such compensation as may be fixed by the board from time to time.
Source
Laws 1941, c. 148, § 6, p. 586;
C.S.Supp.,1941, § 72-416;
R.S.1943, § 72-415.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-416 - Board; treasurer; bond.

72-416.
Board; treasurer; bond.
The treasurer of the county in which the board has its principal place of business and operates, shall act as treasurer of the board ex officio, and he shall receive such compensation for such services as may be fixed from time to time by the board. He shall be liable on his official bond for the safekeeping of board funds, and his bond shall be increased or diminished from time to time as the condition, amount and safety of the funds of the board in his hands may require.
Source
Laws 1941, c. 148, § 7, p. 586;
C.S.Supp.,1941, § 72-417;
R.S.1943, § 72-416.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-417 - Board; records; audits.

72-417.
Board; records; audits.
The board shall keep full and complete minutes of all transactions occurring at its meetings, such minutes to be kept in a well-bound book, which shall be open to the inspection of the public at all reasonable times, and the board shall also keep a well-bound book or books in which shall be recorded all instruments, documents, resolutions, bylaws, or other writings under which title to money or property is given, granted, taken, or held for the use of the board, and the same shall be a public record. The board shall also keep books of account that show all receipts and disbursements and the true condition of the funds and trusts committed to its charge. Such books of account shall be audited by the person conducting the audit pursuant to section 23-1608 and by the county clerk whenever, and as often as, an audit is made of all accounts of the county. An audit of the board's books of account may be ordered by the county board at any time it deems that such an audit is advisable.
Source
Laws 1941, c. 148, § 8, p. 586;
C.S.Supp.,1941, § 72-418;
R.S.1943, § 72-417;
Laws 2000, LB 692, § 10.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-418 - Board; legal counsel.

72-418.
Board; legal counsel.
The county attorney of the county in which the board operates shall act as legal advisor for the board without extra compensation;
Provided,
the board may employ from time to time for special pieces of legal work additional counsel, whenever it deems such employment necessary for the administration of its affairs and business.
Source
Laws 1941, c. 148, § 9, p. 586;
C.S.Supp.,1941, § 72-419;
R.S.1943, § 72-418.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-419 - Board; expenses; payment.

72-419.
Board; expenses; payment.
The trustees composing the board shall serve without compensation but may appropriate and disburse sufficient of the funds in their control by filing a request for such trust funds, to be ordered, sworn to, and allowed by the trustees as other requests for payment from such county, to pay the expenses of administering their trusts.
Source
Laws 1941, c. 148, § 10, p. 587;
C.S.Supp.,1941, § 72-420;
R.S.1943, § 72-419;
Laws 1988, LB 864, § 9.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-420 - Board; bond; fund; created; disbursements; how made.

72-420.
Board; bond; fund; created; disbursements; how made.
The trustees composing the board shall each give a surety bond in the sum of one thousand dollars running to the county as obligee, conditioned upon the faithful performance of their duties and responsibilities as provided in sections 72-407 to 72-420 and under the bylaws adopted pursuant to such sections. The bond, when approved by the county attorney of the county as to form and substance, shall be filed and kept current in the office of the county clerk. All donations, gifts, or other money that comes into the hands of the board under the terms of such sections shall be forthwith delivered to the county treasurer who shall deposit, safeguard, and disburse the same from a fund of the county to be known as the Fort ............. Fund. The county treasurer shall make disbursements from such fund only upon receipt of a proper warrant or voucher signed by the chairperson and attested by the secretary of the board. The board shall issue no voucher for the payment of any money from such fund unless there is presented to it a request for payment or reimbursement duly verified by the oath of the requester and unless the request so verified is approved by the affirmative action of two-thirds of the members-elect of the board at a regular meeting.
Source
Laws 1941, c. 148, § 11, p. 587;
C.S.Supp.,1941, § 72-421;
R.S.1943, § 72-420;
Laws 1988, LB 864, § 10.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-501 - Saline lands; lease.

72-501.
Saline lands; lease.
All the saline lands of which the title is vested in the state shall be leased by the Board of Educational Lands and Funds.
Source
Laws 1889, c. 94, § 1, p. 580;
R.S.1913, § 5876;
C.S.1922, § 5238;
C.S.1929, § 72-501;
R.S.1943, § 72-501.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-502 - Rental; accrues to temporary school fund.

72-502.
Rental; accrues to temporary school fund.
The Board of Educational Lands and Funds shall place all money received for rental of saline lands in the temporary school fund of the state, subject to the law governing such temporary school fund.
Source
Laws 1889, c. 94, § 6, p. 582;
Laws 1893, c. 22, § 2, p. 159;
R.S.1913, § 5877;
C.S.1922, § 5239;
C.S.1929, § 72-502;
Laws 1943, c. 156, § 1, p. 566;
R.S.1943, § 72-502.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-502.01 - Rentals; previous use validated.

72-502.01.
Rentals; previous use validated.
The use heretofore made by the Board of Educational Lands and Funds of rentals received from saline lands, by placing them in the temporary instead of the permanent school fund, is validated and approved.
Source
Laws 1943, c. 156, § 2, p. 566;
R.S.1943, § 72-502.01.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-503 - Lease; default; forfeiture; effect.

72-503.
Lease; default; forfeiture; effect.
If the lessee defaults in the payment of his interest or rental for more than one year, the Board of Educational Lands and Funds may cause notice to be given and a forfeiture declared as provided by law regulating the leasing of school lands, and when so forfeited the land shall be again offered for lease after having been advertised as provided by law.
Source
Laws 1889, c. 94, § 7, p. 582;
R.S.1913, § 5878;
C.S.1922, § 5240;
C.S.1929, § 72-503;
R.S.1943, § 72-503.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-504 - Lease; terms; appraisal; when.

72-504.
Lease; terms; appraisal; when.
(1) All leases shall be made at a rental of six percent on the appraised value, payable annually in advance. The lessee shall pay the appraised value of the improvements on such land, which amount shall be immediately paid to the owner or owners of the improvements. Applications for the lease of any such lands not leased at public offering may be made at any time to the Board of Educational Lands and Funds;
Provided,
if there are two or more persons wishing to lease the same land, the board shall auction off and lease the land to the person who, in addition to the six percent rental, will pay the highest cash bonus for the lease.
(2) Each lease, referred to in subsection (1) of this section, shall contain a covenant or contract that the land contained in such lease may be appraised every five years. At the expiration of twelve years, the lessee shall deliver up the said land to the state;
Provided,
any lessee of saline lands may apply in writing to the chairman of the county board to have the lands embraced in such lease, or any part thereof, appraised for the purpose of sale, and when so appraised, the saline lands embraced in such application shall become subject to all the provisions governing the sale of educational lands belonging to the state, except as provided in sections 72-501 to 72-504.
Source
Laws 1889, c. 94, § 5, p. 581;
Laws 1893, c. 22, § 1, p. 158;
R.S.1913, § 5879;
C.S.1922, § 5241;
C.S.1929, § 72-504;
R.S.1943, § 72-504;
Laws 1957, c. 305, § 1, p. 1110.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-607 - National monuments; concurrent jurisdiction with United States; when effective.

72-607.
National monuments; concurrent jurisdiction with United States; when effective.
(1) Concurrent jurisdiction over crimes and offenses under the laws of the state shall be ceded to the United States over and within all the lands dedicated to national park purposes in the following tracts:
(a) The Scottsbluff National Monument;
(b) The Agate Fossil Beds National Monument; and
(c) The Homestead National Monument.
(2) The concurrent jurisdiction ceded by subsection (1) of this section shall be vested upon acceptance by the United States by and through its appropriate officials and shall continue as long as the lands within the designated areas are dedicated to park purposes.
(3) The Governor is hereby authorized and empowered to execute all proper conveyances necessary to grant the cession provided in this section upon request of the United States by its appropriate officials.
(4) The State of Nebraska shall retain concurrent criminal jurisdiction with the United States over all lands affected by this section.
Source
Laws 1985, LB 223, § 1;
Laws 1987, LB 233, § 1.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-701 - State capital; location.

72-701.
State capital; location.
The city of Lincoln is declared to be the permanent seat of government of the State of Nebraska, at which all the public offices of the state shall be kept and at which all the sessions of the Legislature shall be held.
Source
Laws 1867, § 3, p. 53;
R.S.1913, § 5885;
C.S.1922, § 5248;
C.S.1929, § 72-701;
R.S.1943, § 72-701.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-701.01 - Nebraska Emergency Seat of State Government Act; act, how cited.

72-701.01.
Nebraska Emergency Seat of State Government Act; act, how cited.
Sections 72-701.01 to 72-701.06 shall be known and may be cited as the Nebraska Emergency Seat of State Government Act.
Source
Laws 1959, c. 332, § 1, p. 1207.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-701.02 - Attack, defined.

72-701.02.
Attack, defined.
As used in sections 72-701.01 to 72-701.06, the term attack means any action or series of actions by an enemy of the United States, causing, or which may cause substantial injury or damage to civilian persons or property in the United States in any manner, whether by sabotage, or by the use of bombs, missiles or shellfire, or by atomic, radiological, chemical, bacteriological or biological means, or by other weapons or processes.
Source
Laws 1959, c. 332, § 2, p. 1207.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-701.03 - Emergency seat of state government; temporary location; designation.

72-701.03.
Emergency seat of state government; temporary location; designation.
Whenever, due to an emergency resulting from the effects of an enemy attack or the imminent threat thereof, it becomes imprudent, inexpedient or impossible to conduct the affairs of the state government at the permanent seat of state government in the city of Lincoln, the Governor, by proclamation and as often as the exigencies of the situation may require, shall designate a temporary location or locations for an emergency seat of state government at such place or places, within or without this state, as he may deem proper and advisable under the circumstances, and he forthwith shall take such action and shall issue such orders and directives as may be necessary for the prompt and orderly transition of the affairs of the state government to such temporary location or locations. Such temporary location or locations shall be and remain the emergency seat of state government until another temporary location or locations shall be designated in the same manner, or until the Governor, by proclamation, or the Legislature, by resolution approved by the Governor, shall declare the emergency to be ended, at which time the seat of state government shall be returned to its permanent location in Lincoln, or shall be removed to such other city in this state as shall be designated the new permanent seat of state government, in accordance with the Constitution of Nebraska and general laws of this state.
Source
Laws 1959, c. 332, § 3, p. 1207.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-701.04 - Emergency seat of government; temporary location; validity of official acts.

72-701.04.
Emergency seat of government; temporary location; validity of official acts.
During such time as such temporary location or locations shall remain the emergency seat of state government, all official acts done or performed thereat by or on the part of any officer, office, department, division, commission, court or board, or any other agency or authority of this state, including the Legislature, whether in regular, extraordinary, or emergency session, and all proceedings or court actions involving the state or its agencies or authorities, now or hereafter required to be brought or conducted at the seat of state government, shall be as valid, effective, and binding as if regularly done, performed, brought, or conducted at the permanent seat of state government.
Source
Laws 1959, c. 332, § 4, p. 1208.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-701.05 - Emergency seat of state government; designation, when; plans and preparations; Governor; adopt; purchase of real estate prohibited; exception.

72-701.05.
Emergency seat of state government; designation, when; plans and preparations; Governor; adopt; purchase of real estate prohibited; exception.
(1) The official designation of the location or locations of the emergency seat of state government, and the removal thereto of the government of the state, shall in no event precede: (a) The inception of an attack; or (b) the inception of a strategic or tactical warning period duly proclaimed by the President of the United States, the Governor of Nebraska, or by both such officials, and based on the imminence of an attack.
(2) Prior to any such attack or warning period, however, and subject to such rules and regulations as the Governor may promulgate, such preliminary plans and preparations may be made as shall be deemed necessary and advisable to facilitate the subsequent accomplishment, during such emergency, of the actions provided in sections 72-701.01 to 72-701.06. Such planning and preparations may include any or all of the following steps, but shall not necessarily be limited thereto: (a) Selection of a tentative location or locations for the emergency seat of state government in the event that, as provided in subsection (1) of this section, it subsequently becomes necessary and advisable to designate such tentative location or locations as the official location or locations of the emergency seat of state government; (b) negotiation with local authorities, property owners, and other proper persons, for the possible use and occupancy of specific buildings or areas or buildings and areas, at or near such tentative location or locations, for the purposes mentioned in sections 72-701.01 to 72-701.06 during a subsequent emergency; and (c) storing and stockpiling, at or near the tentative location or locations, of essential supplies and equipment, and vital records or duplicates thereof which would be necessary to permit the continuity of the governmental operations of the state in an emergency.
(3) Prior to an attack or warning period, as set out in subsection (1) of this section, neither the state, nor any official or agency thereof, shall, except only for the storage and safeguarding of vital records and duplicates thereof, purchase, contract for the purchase of, or obligate funds of the state for the purchase of any real estate or appurtenance thereto, for subsequent use as an emergency seat of state government.
Source
Laws 1959, c. 332, § 5, p. 1208.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-701.06 - Sections, how construed; precedence over other laws.

72-701.06.
Sections, how construed; precedence over other laws.
The provisions of sections 72-701.01 to 72-701.06, in the event they shall be employed, shall control and take precedence over any provision of any other law to the contrary or in conflict therewith;
Provided,
that nothing herein shall be construed as contravening, suspending, or otherwise affecting the provisions of the Constitution of Nebraska or general laws of this state relating to the permanent relocation of the seat of state government.
Source
Laws 1959, c. 332, § 6, p. 1209.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-703 - Department of Correctional Services adult correctional facility; location.

72-703.
Department of Correctional Services adult correctional facility; location.
A Department of Correctional Services adult correctional facility of the state shall be located upon a reservation in the city of Lincoln or upon lands belonging to the state and adjacent to the city of Lincoln.
Source
Laws 1867, § 12, p. 55;
R.S.1913, § 5887;
C.S.1922, § 5250;
C.S.1929, § 72-703;
R.S.1943, § 72-703;
Laws 1993, LB 31, § 21.
Cross References
For provisions relating to the Department of Correctional Services adult correctional facility, see Chapter 83, article 4.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-723 - State Capitol; monuments and memorials; permanent fixtures; removal with consent of Legislature.

72-723.
State Capitol; monuments and memorials; permanent fixtures; removal with consent of Legislature.
All monuments and memorials now fixed to the building or the grounds of the State Capitol shall be regarded as permanent fixtures, and shall not be removed without the consent of the Legislature.
Source
Laws 1953, c. 262, § 1, p. 872.