reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-912 - Commission; witnesses; power of subpoena; failure to appear or testify; contempt.

57-912.
Commission; witnesses; power of subpoena; failure to appear or testify; contempt.
(1) The commission shall have the power to summon witnesses, to administer oaths and to require the production of records, books and documents for examination at any hearing or investigation conducted by it. Any oral or documentary evidence may be received, but the commission shall as a matter of policy provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence, and no decision shall be rendered, sanction imposed or rule or order issued except on consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with a preponderance of the reliable probative and substantial evidence. Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of facts. No person shall be excused from attending and testifying, or from producing books, papers and records before the commission or a court, or from obedience to the subpoena of the commission or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture;
Provided,
that nothing in this subsection shall be construed as requiring any person to produce any books, papers or records or to testify in response to any inquiry not pertinent to some question lawfully before such commission or court for determination. No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the commission or court, or in obedience to its subpoena;
Provided,
that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.
(2) In case of failure or refusal on the part of any person to comply with the subpoena issued by the commission, or in case of the refusal of any witness to testify as to any matter regarding which he may be lawfully interrogated, any district court in the state, upon the application of the commission, may in term time or vacation issue an attachment for such person and compel him to comply with such subpoena, and to attend before the commission and produce such records, books and documents for examination, and to give his testimony. Such court shall have the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
Source
Laws 1959, c. 262, § 12, p. 910.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-913 - Appeal; procedure.

57-913.
Appeal; procedure.
Any person having an interest in property affected by and who is dissatisfied with any rule, regulation, or order made or issued under sections 57-901 to 57-921 may appeal the rule, regulation, or order, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1959, c. 262, § 13, p. 911;
Laws 1961, c. 280, § 1, p. 818;
Laws 1967, c. 357, § 1, p. 946;
Laws 1988, LB 352, § 101;
Laws 2016, LB1082, § 6.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-914 - Temporary restraining order; bond; limitation of actions.

57-914.
Temporary restraining order; bond; limitation of actions.
(1) No temporary restraining order or injunction of any kind against the commission or its agents, employees or representatives, or the Attorney General, shall become operative unless and until the plaintiff party shall execute and file with the clerk of the district court a bond in such amount and upon such conditions as the court issuing such order or injunction may direct, with surety approved by the clerk of the district court thereof. The bond shall be made payable to the State of Nebraska, and shall be for the use and benefit of all persons who may be and to the extent that they shall suffer injury or damage by any acts done under the protection of the restraining order or injunction, if the same should not have issued. No suit on the bond may be brought after six months from the date of the final determination of the suit in which the restraining order or injunction was issued.
(2) Any suit, action, or other proceedings based upon a violation of any of the provisions of sections 57-901 to 57-921 shall be commenced within one year from the date of the violation complained of.
Source
Laws 1959, c. 262, § 14, p. 912;
Laws 2016, LB1082, § 7.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-915 - Violations; penalty.

57-915.
Violations; penalty.
(1) Any person who violates any provision of sections 57-901 to 57-921, or any rule, regulation or order of the commission shall be guilty of a Class II misdemeanor. Each day that such violation continues shall constitute a separate offense.
(2) If any person, for the purpose of evading the provisions of sections 57-901 to 57-921, or any rule, regulation or order of the commission, shall make or cause to be made any false entry or statement in a report required by the provisions of sections 57-901 to 57-921, or by any such rule, regulation or order, or shall make or cause to be made any false entry in any record, account or memorandum required by the provisions of sections 57-901 to 57-921, or by any such rule, regulation or order, or shall remove from this state or destroy, mutilate, alter or falsify any such record, account or memorandum, such person shall be guilty of a Class II misdemeanor.
(3) Any person knowingly aiding or abetting any other person in the violation of any provision of sections 57-901 to 57-921, or any rule, regulation or order of the commission shall be subject to the same penalty as that prescribed by the provisions of sections 57-901 to 57-921 for the violation by such other person.
(4) The penalties provided in this section shall be recoverable by suit filed by the Attorney General in the name and on behalf of the commission, in the district court of the county in which the defendant resides, or in which any defendant resides, if there be more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty shall not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.
Source
Laws 1959, c. 262, § 15, p. 913;
Laws 1977, LB 39, § 59;
Laws 2016, LB1082, § 8.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-916 - Violations; injunction; parties; process.

57-916.
Violations; injunction; parties; process.
(1) Whenever it appears that any person is violating or threatening to violate any provision of sections 57-901 to 57-921, or any rule, regulation or order of the commission, the commission shall bring suit against such person in the district court of any county where the violation occurs or is threatened, to restrain such person from continuing such violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to such person may be directed to the sheriff of any county in this state for service by such sheriff or his deputies. In any such suit, the court shall have jurisdiction and authority to issue, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant.
(2) If the commission shall fail to bring suit to enjoin a violation or threatened violation of any provision of sections 57-901 to 57-921, or any rule, regulation, or order of the commission, within ten days after receipt of written request to do so by any person who is or will be adversely affected by such violation, the person making such request may bring suit in his own behalf to restrain such violation or threatened violation in any court in which the commission might have brought suit. The commission shall be made a party defendant in such suit in addition to the person violating or threatening to violate a provision of sections 57-901 to 57-921, or a rule, regulation or order of the commission, and the action shall proceed and injunctive relief may be granted in the same manner as if suit had been brought by the commission; Provided, that in such event the person bringing suit shall be required to give bond in accordance with the rules of civil procedure in the district courts.
Source
Laws 1959, c. 262, § 16, p. 914;
Laws 2016, LB1082, § 9.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-916.01 - Violations; civil penalty; procedure.

57-916.01.
Violations; civil penalty; procedure.
(1) In addition to the penalties prescribed in section 57-915, any person who violates any provision of sections 57-901 to 57-921, any rule, regulation, or order of the commission, or any term, condition, or limitation of any permit issued pursuant to such sections, rule, regulation, or order may be subject to a civil penalty imposed by the commission of not to exceed one thousand dollars. No civil penalty shall be imposed until written notice is sent pursuant to subsection (2) of this section and a period of ten days has elapsed in which the person may come into compliance if possible. If any violation is a continuing one, each day a violation continues after such ten-day period shall constitute a separate violation for the purpose of computing the applicable civil penalty. The commission may compromise, mitigate, or remit such penalties.
(2) Whenever the commission intends to impose a civil penalty under this section, the commission shall notify the person in writing (a) setting forth the date, facts, and nature of each violation with which the person is charged, (b) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or permit involved in the violation, and (c) specifying the amount of each penalty which the commission intends to impose. Such written notice shall be sent by registered or certified mail to the last-known address of such person. The notice shall also advise such person of his or her right to a hearing and that failure to pay any civil penalty subsequently imposed by the commission will result in a civil action by the commission to collect such penalty. The person so notified may, within thirty days of receipt of such notice, submit a written request for a hearing to review any penalty to be imposed by the commission. A hearing shall be held in accordance with the Administrative Procedure Act, and any person upon whom a civil penalty is subsequently imposed may appeal such penalty pursuant to such act. On the request of the commission, the Attorney General or county attorney may institute a civil action to collect a penalty imposed pursuant to this section.
Source
Laws 1990, LB 922, § 1;
Laws 2016, LB1082, § 10.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-917 - Commission; director; appointment; compensation; bond or insurance.

57-917.
Commission; director; appointment; compensation; bond or insurance.
To enable the commission to carry out its duties and powers under the laws of this state with respect to conservation of oil and gas and to enforce sections 57-901 to 57-921 and the rules and regulations so prescribed, the commission shall employ one chief administrator who shall not be a member of the commission and who shall be known as the Director of the Nebraska Oil and Gas Conservation Commission, and as such he or she shall be charged with the duty of administering and enforcing the provisions of sections 57-901 to 57-921 and all rules, regulations, and orders promulgated by the commission, subject to the direction of the commission. The director shall be a qualified petroleum engineer with not less than three years' actual field experience in the drilling and operation of oil and gas wells. Such director shall hold office at the pleasure of the commission and receive a salary to be fixed by the commission. The director, with the concurrence of the commission, shall have the authority, and it shall be his or her duty, to employ assistants and other employees necessary to carry out the provisions of sections 57-901 to 57-921. The director shall be ex officio secretary of the Nebraska Oil and Gas Conservation Commission and shall keep all minutes and records of the commission. The director shall, as secretary, be bonded or insured as required by section 11-201. The premium shall be paid by the State of Nebraska. The director and other employees of the commission performing duties authorized by sections 57-901 to 57-921 shall be paid their necessary traveling and living expenses when traveling on official business at such rates and within such limits as may be fixed by the commission, subject to existing laws.
Source
Laws 1959, c. 262, § 17, p. 914;
Laws 1978, LB 653, § 19;
Laws 2004, LB 884, § 31;
Laws 2016, LB1082, § 11.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-918 - Attorney General; act as legal advisor; administration of oath.

57-918.
Attorney General; act as legal advisor; administration of oath.
The Attorney General shall be the attorney for the Nebraska Oil and Gas Conservation Commission; Provided, that in cases of emergency or in other special cases the commission may, with the consent of the Attorney General retain additional legal counsel, and for such purpose may use any funds available under the provisions of sections 57-901 to 57-921. Any member of the commission, or the secretary thereof, shall have the power to administer oaths to any witness in any hearing, investigation or proceeding contemplated by sections 57-901 to 57-921 or by any other law of this state relating to the conservation of oil and gas.
Source
Laws 1959, c. 262, § 18, p. 915;
Laws 2016, LB1082, § 12.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-920 - Sections; jurisdiction.

57-920.
Sections; jurisdiction.
The State of Nebraska being a sovereign state and not disposed to jeopardize or surrender any of its sovereign rights, sections 57-901 to 57-921 shall apply to all lands in the State of Nebraska lawfully subject to its police powers, except it shall apply to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands shall fail to effect the intent and purposes of sections 57-901 to 57-921 and otherwise shall apply to such lands to such extent as an officer of the United States having jurisdiction, or his or her duly authorized representative, shall approve any of the provisions of sections 57-901 to 57-921 or the order or orders of the commission which affects such lands, and the same shall apply to any lands committed to a unit agreement approved by the Secretary of the Interior of the United States, or his or her duly authorized representative, except that the commission may, under such unit agreements, suspend the application of the provisions of sections 57-901 to 57-921 or any part of sections 57-901 to 57-921 so long as the conservation of oil and gas and the prevention of waste, as provided in sections 57-901 to 57-921, is accomplished thereby but such suspension shall not relieve any operator from making such reports as are necessary or advised to be fully informed as to operations under such agreement and as the commission may require under the provisions of sections 57-901 to 57-921.
Source
Laws 1959, c. 262, § 20, p. 917;
Laws 2016, LB1082, § 14.
Annotations
The commission is authorized to suspend the operation of the conservation act in certain situations subject to the requirement that conservation and prevention of waste be accomplished. Ohmart v. Dennis, 188 Neb. 260, 196 N.W.2d 181 (1972).
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-921 - Commission; price or value of oil, gas, or other hydrocarbon substances; no power to fix.

57-921.
Commission; price or value of oil, gas, or other hydrocarbon substances; no power to fix.
Notwithstanding anything heretofore contained in sections 57-901 to 57-921, the Nebraska Oil and Gas Conservation Commission shall have no authority to establish, fix or in any way control the price or value of oil, gas, other hydrocarbon substances or any of the products or component parts thereof.
Source
Laws 1959, c. 262, § 21, p. 917;
Laws 2016, LB1082, § 15.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-922 - Oil and Gas Conservation Trust Fund; receipts; disbursements; investment.

57-922.
Oil and Gas Conservation Trust Fund; receipts; disbursements; investment.
There is hereby created in the state treasury a special fund to be known as the Oil and Gas Conservation Trust Fund. All sums of money received by the Nebraska Oil and Gas Conservation Commission, in a manner other than as provided in sections 57-901 to 57-921, shall be paid into the state treasury and the State Treasurer shall deposit the money in the Oil and Gas Conservation Trust Fund. The State Treasurer shall disburse the money in the trust fund as directed by resolution of the Nebraska Oil and Gas Conservation Commission. All disbursements for the fund shall be made upon warrants drawn by the Director of Administrative Services. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1973, LB 119, § 1;
Laws 2016, LB1082, § 16.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-923 - Well Plugging and Abandonment Trust Fund; created; use; investment; inactive oil or gas well; fee.

57-923.
Well Plugging and Abandonment Trust Fund; created; use; investment; inactive oil or gas well; fee.
The Well Plugging and Abandonment Trust Fund is created. The Nebraska Oil and Gas Conservation Commission shall adopt and promulgate rules and regulations that provide for the collection of a fee for each inactive oil or gas well administered by the commission. The fee shall not exceed two hundred dollars per well per year and shall not be imposed unless an oil or gas well has been inactive for two years or longer. The commission shall remit such fees to the State Treasurer for credit to the fund. The fund shall be used by the commission for the purpose of plugging and abandoning oil or gas wells and completing the required surface restoration if the bonded operator is unable to fulfill such operator's financial obligation. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1999, LB 293, § 1.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1001 - Service of process.

57-1001.
Service of process.
The performance of any service in connection with exploring for oil and gas, drilling wells therefor, regardless of whether such wells be dry, development of oil and gas interests, and operating and servicing oil and gas properties by (1) a nonresident of the State of Nebraska or (2) an agent or employer of any such persons, shall constitute sufficient contact with this state for exercise of personal jurisdiction over such person in any action arising out of the activities within the State of Nebraska.
Source
Laws 1961, c. 281, § 1, p. 819;
Laws 1983, LB 447, § 76.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1101 - Acquisition of property by eminent domain; authorized; procedure.

57-1101.
Acquisition of property by eminent domain; authorized; procedure.
Any person engaged in, and any company, corporation, or association formed or created for the purpose of, transporting or conveying crude oil, petroleum, gases, or other products thereof in interstate commerce through or across the State of Nebraska or intrastate within the State of Nebraska, and desiring or requiring a right-of-way or other interest in real estate and being unable to agree with the owner or lessee of any land, lot, right-of-way, or other property for the amount of compensation for the use and occupancy of so much of any lot, land, real estate, right-of-way, or other property as may be reasonably necessary for the laying, relaying, operation, and maintenance of any such pipeline or the location of any plant or equipment necessary to operate such pipeline, shall have the right to acquire the same for such purpose through the exercise of the power of eminent domain, except that for any major oil pipeline as defined in section 57-1404 to be placed in operation in the State of Nebraska after November 23, 2011, any such person, company, corporation, or association shall comply with section 57-1503 and receive the approval of the Governor for the route of the pipeline under such section or shall apply for and receive an order approving the application under the Major Oil Pipeline Siting Act, prior to having the rights provided under this section. If condemnation procedures have not been commenced within two years after the date the Governor's approval is granted or after the date of receipt of an order approving an application under the Major Oil Pipeline Siting Act, the right under this section expires. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1963, c. 323, § 1, p. 979;
Laws 2011, First Spec. Sess., LB1, § 1;
Laws 2012, LB1161, § 1.
Cross References
Major Oil Pipeline Siting Act, see section 57-1401.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1102 - Crossing public roads or highways; rights acquired; restrictions.

57-1102.
Crossing public roads or highways; rights acquired; restrictions.
Any such person, company, corporation, or association, in the laying, relaying, operation, and maintenance of any such pipeline within the State of Nebraska, shall have the right to enter upon and cross, with such pipeline, any public road or highway, under such reasonable regulations and restrictions as may be prescribed by the Department of Transportation, if it is a state or federal highway, or by the county board of each county, as to all other public roads and highways within such county, and shall also have the right to lay, relay, operate, and maintain such pipeline in and along any public road or highway.
Source
Laws 1963, c. 323, § 2, p. 980;
Laws 2017, LB339, § 179.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1103 - Easements across public lands; acquisition; assessment of damages.

57-1103.
Easements across public lands; acquisition; assessment of damages.
Any person engaged in, and any company, corporation, or association formed or created for the purpose of transporting or conveying crude oil, petroleum, or other products thereof, in interstate commerce through, or across the State of Nebraska, or intrastate within the State of Nebraska, and desiring or requiring a right-of-way in the nature of an easement, for the purpose of laying, relaying, operating and maintaining any pipeline or lines for such purpose in or across any of the public lands except school lands which are not subject to the provisions of section 57-1102, the title of which is vested in the State of Nebraska, shall have the right to acquire the same for such purpose by filing with the other governing body having title or supervision thereof, a plat describing the portion or portions of land, real estate, or right-of-way necessary for the laying, relaying, operating and maintaining of any such pipeline, and the governing body shall direct the county commissioners of the county or counties through which such pipeline right-of-way is desired, shown by petitioners' application and maps, to appraise and fix the amount to be paid by such person, company, corporation, or association for such right-of-way, and assess the damages therefor. Before making the assessment, the governing body shall notify the applicant of the time and place of such hearing by either certified or registered mail, to be mailed at least ten days prior to the hearing.
Source
Laws 1963, c. 323, § 3, p. 980;
Laws 1967, c. 466, § 1, p. 1444.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1104 - Appeal; procedure.

57-1104.
Appeal; procedure.
Any party objecting to such allowance may, within thirty days from the entering of the award, appeal to the district court of the county in which such lands are situated by entering into an undertaking to the State of Nebraska, to be approved by the Board of Educational Lands and Funds or governing body, in such sum as the board shall specify, conditioned (1) that the appellant shall prosecute such appeal to effect without unnecessary delay; and (2) that if judgment be rendered against such appellant, he will satisfy such judgment. Within ten days from the filing of such bond, the board or governing body shall make a certified transcript of such proceedings with the board or governing body and transmit the same to the district court of the county in which such lands are situated, where the same shall be heard before the court as a proceeding in equity.
Source
Laws 1963, c. 323, § 4, p. 981.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1105 - Award; payment; rights acquired; limitation on determination on appeal.

57-1105.
Award; payment; rights acquired; limitation on determination on appeal.
Upon the determination of the amount by the Board of Educational Lands and Funds or governing body, the applicant shall pay the amount to the treasurer of the county in which such lands are situated, for the use of the permanent school fund of this state, if such lands are school lands; as to other public lands such payment shall be made to the State Treasurer for the use of the board or other governing body having title or supervision over such lands. Upon making said payment the applicant shall be vested with the right to lay, relay, operate and maintain such pipeline through the lands described in the proceedings, notwithstanding any appeal as taken or authorized by section 57-1104. Upon appeal the district court shall determine only the amount of the award and not whether a right-of-way is granted.
Source
Laws 1963, c. 323, § 5, p. 981.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1106 - Breaking, injuring, damaging, or interfering with pipeline, plant, or equipment; penalty.

57-1106.
Breaking, injuring, damaging, or interfering with pipeline, plant, or equipment; penalty.
Any person who shall willfully and maliciously break, injure, damage, or otherwise interfere with, any such pipeline, plant, or equipment of any such person, company, corporation, or association, shall be guilty of a Class III misdemeanor.
Source
Laws 1963, c. 323, § 6, p. 981;
Laws 1977, LB 39, § 60.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1201 - Terms, defined.

57-1201.
Terms, defined.
As used in sections 57-1201 to 57-1214, unless the context otherwise requires:
(1) Person shall mean any natural person, firm, concern, receiver, trustee, executor, administrator, agent, institution, association, partnership, limited liability company, company, corporation, or person acting under a declaration of trust;
(2) Sever shall mean to take from the land by any means whatsoever; and
(3) Uranium shall mean tri-uranium oct-oxide.
Source
Laws 1983, LB 356, § 13;
Laws 1993, LB 121, § 354.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1202 - Tax; levy; person liable; due and payable; lien.

57-1202.
Tax; levy; person liable; due and payable; lien.
A tax is hereby levied on all uranium severed from the soil of this state. Such tax shall be paid by the person engaged in the severing of such uranium, shall become due and payable monthly, and shall operate as a first lien on all such uranium. Such lien shall follow the resource into the hands of third persons, whether the resource is acquired in good faith or bad faith or is in a manufactured or unmanufactured state.
Source
Laws 1983, LB 356, § 14.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1203 - Tax; rate.

57-1203.
Tax; rate.
The tax imposed by section 57-1202 shall be levied on the value of the uranium severed, and shall be paid at the rate of two percent of the value of such uranium produced each year in excess of five million dollars gross value. The value shall be computed immediately after such severance at the place where the uranium is severed.
Source
Laws 1983, LB 356, § 15.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1204 - Tax; payment; when; reports; contents.

57-1204.
Tax; payment; when; reports; contents.
The tax imposed by section 57-1202 shall be due and payable in monthly installments on or before the last day of the month next succeeding the month in which the uranium was severed. If the final filing date falls on a Saturday, Sunday, or legal holiday, the next secular or business day shall be the final filing date. Such reports shall be considered filed on time if mailed in an envelope properly addressed to the Tax Commissioner and postmarked before midnight of the final filing date. For good cause the Tax Commissioner may grant a taxpayer reasonable extensions of time for filing, not to exceed ten days in the aggregate for any one return.
The person engaged in the severing, on or before the last day of the month next succeeding the month in which the uranium was so severed, shall make out and file with the Tax Commissioner a report or return for the preceding month in such form as may be prescribed by the Tax Commissioner showing: The business conducted by the person engaged in the severing during the preceding month; the kind gross quantity, and value of the uranium so severed; the name of the owner of the resource at the time of the severance; the portion owned by each owner; the location of the place where the uranium is severed; and such other information as the Tax Commissioner may require.
Source
Laws 1983, LB 356, § 16.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1205 - Tax; remittance.

57-1205.
Tax; remittance.
The tax imposed by section 57-1202 shall be paid to the Tax Commissioner who shall pay all money received to the State Treasurer to be placed in the General Fund.
Source
Laws 1983, LB 356, § 17.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1206 - Tax; security; notice; use.

57-1206.
Tax; security; notice; use.
The Tax Commissioner, whenever he or she deems it necessary to insure compliance with sections 57-1201 to 57-1214, may require any person subject to the tax imposed by section 57-1202 to deposit with the Tax Commissioner a suitable indemnity bond to insure payment of the tax as the Tax Commissioner may determine. Such security may be used if it becomes necessary to collect any tax, interest, or penalty due. Notice of the use of the bond shall be given to such person by mail.
Source
Laws 1983, LB 356, § 18;
Laws 2012, LB727, § 15.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1207 - Report; payment of tax; by whom.

57-1207.
Report; payment of tax; by whom.
The tax imposed by section 57-1202 shall be paid and the report required by section 57-1204 shall be made by the person engaged in the severing of the uranium, whether or not he or she is the owner of the land from which the uranium is severed.
Source
Laws 1983, LB 356, § 19.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1208 - Tax; deductions permitted.

57-1208.
Tax; deductions permitted.
The person remitting to the Tax Commissioner the tax imposed by section 57-1202 shall deduct, from the amount due any person owning an interest in the uranium or in the proceeds of the uranium at the time of severance, the proportionate amount of such tax before making payment to any such person.
Source
Laws 1983, LB 356, § 20.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1209 - Tax; delinquent; action.

57-1209.
Tax; delinquent; action.
The Tax Commissioner may bring an action against any person engaged in the severing of uranium for the collection of taxes which are due and delinquent under sections 57-1201 to 57-1214.
Source
Laws 1983, LB 356, § 21.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1210 - Tax; when delinquent; penalty.

57-1210.
Tax; when delinquent; penalty.
The tax imposed by section 57-1202 shall become delinquent after the last day of each month and, in addition to the amount of the delinquent tax, there shall be paid and the Tax Commissioner shall collect a penalty for such delinquency in the amount of one percent of the delinquent taxes for each month, or part thereof, that the delinquency has continued.
Source
Laws 1983, LB 356, § 22.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1211 - False oath; penalty.

57-1211.
False oath; penalty.
Any person who shall intentionally make false oath to any return or report required by sections 57-1201 to 57-1214 shall be guilty of perjury and shall, upon conviction thereof, be punished as prescribed by section 28-915.
Source
Laws 1983, LB 356, § 23.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1212 - Tax Commissioner; supervise tax collections; rules and regulations.

57-1212.
Tax Commissioner; supervise tax collections; rules and regulations.
The Tax Commissioner shall supervise and enforce the collection of all taxes that may be due pursuant to sections 57-1201 to 57-1214. The commissioner may adopt and promulgate any rules and regulations necessary to carry out such sections, including, but not limited to, provisions concerning the manner in which the tax shall be paid and the form of required reports.
Source
Laws 1983, LB 356, § 24.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1213 - Returns; failure to make; penalty.

57-1213.
Returns; failure to make; penalty.
Any person failing or refusing to make returns or reports, as required by sections 57-1201 to 57-1214, and remaining in default for thirty days after notice to him or her by the Tax Commissioner, or failing to comply with any other requirement of sections 57-1201 to 57-1214, shall be guilty of a Class IV misdemeanor.
Source
Laws 1983, LB 356, § 25.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1214 - Delinquencies; Attorney General; county attorney; injunction.

57-1214.
Delinquencies; Attorney General; county attorney; injunction.
The Attorney General or the county attorney of the county in which the uranium is located may file a petition in the district court of such county and, upon such filing, the district court shall have the power to restrain by injunction any person from continuing to sever such uranium while delinquent in any report or the payment of any tax, penalty, or cost required by sections 57-1201 to 57-1214.
Source
Laws 1983, LB 356, § 26.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1401 - Act, how cited.

57-1401 .
Act, how cited.
Sections 57-1401 to 57-1413 shall be known and may be cited as the Major Oil Pipeline Siting Act.
Source
Laws 2011, First Spec. Sess., LB1, § 2;
Laws 2012, LB1161, § 2.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1402 - Purposes of act.

57-1402 .
Purposes of act.
(1) The purposes of the Major Oil Pipeline Siting Act are to:
(a) Ensure the welfare of Nebraskans, including protection of property rights, aesthetic values, and economic interests;
(b) Consider the lawful protection of Nebraska's natural resources in determining the location of routes of major oil pipelines within Nebraska;
(c) Ensure that a major oil pipeline is not constructed within Nebraska without receiving the approval of the commission under section 57-1408;
(d) Ensure that the location of routes for major oil pipelines is in compliance with Nebraska law; and
(e) Ensure that a coordinated and efficient method for the authorization of such construction is provided.
(2) Nothing in the Major Oil Pipeline Siting Act shall be construed to regulate any safety issue with respect to any aspect of any interstate oil pipeline. The Major Oil Pipeline Siting Act is intended to deal solely with the issue of siting or choosing the location of the route aside and apart from safety considerations. The Legislature acknowledges and respects the exclusive federal authority over safety issues established by the federal law, the Pipeline Safety Act of 1994, 49 U.S.C. 60101 et seq., and the express preemption provision stated in that act. The Major Oil Pipeline Siting Act is intended to exercise only the remaining sovereign powers and purposes of Nebraska which are not included in the category of safety regulation.
Source
Laws 2011, First Spec. Sess., LB1, § 3;
Laws 2012, LB1161, § 4.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1403 - Legislative findings.

57-1403.
Legislative findings.
The Legislature finds that:
(1) Nebraska has the authority as a sovereign state to protect its land and natural resources for economic and aesthetic purposes for the benefit of its residents and future generations by regulation through approval or disapproval of major oil pipeline siting and the location of routes, so long as it does not regulate in the area of safety as to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of major oil pipelines and pipeline facilities;
(2) The water and other natural resources in Nebraska will become increasingly valuable, both economically and strategically, as the demand for agricultural products for both food and fuel increases;
(3) The construction of major oil pipelines in Nebraska is in the public interest of Nebraska and the nation to meet the increasing need for energy; and
(4) The irrigation economy of Nebraska which relies on quality water adds over one billion dollars annually to net farm income and increases the gross state product by three billion dollars annually.
Source
Laws 2011, First Spec. Sess., LB1, § 4.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1404 - Terms, defined.

57-1404 .
Terms, defined.
For purposes of the Major Oil Pipeline Siting Act:
(1) Commission means the Public Service Commission;
(2) Major oil pipeline means a pipeline which is larger than six inches in inside diameter and which is constructed in Nebraska for the transportation of petroleum, or petroleum components, products, or wastes, including crude oil or any fraction of crude oil, within, through, or across Nebraska, but does not include in-field and gathering lines; and
(3) Pipeline carrier means a person that engages in owning, operating, or managing a major oil pipeline.
Source
Laws 2011, First Spec. Sess., LB1, § 5;
Laws 2012, LB1161, § 5.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1408 - Commission order; findings; extension of time; status reports; notice of completion; denial of application; amended application; commission; duties.

57-1408.
Commission order; findings; extension of time; status reports; notice of completion; denial of application; amended application; commission; duties.
(1) Within seven months after the receipt of the application under section 57-1405, the commission shall enter an order approving the application or denying the application. The commission shall include in the order the findings of the commission regarding the application and the reasons for approving or denying the application. The order approving the application shall state that the application is in the public interest and shall authorize the pipeline carrier to act under section 57-1101.
(2) The commission may, for just cause, extend the time for the entry of an order under subsection (1) of this section. The extension shall not exceed twelve months after the receipt of the application under section 57-1405 unless all parties agree to a longer extension, except that no extension shall extend more than eight months after the issuance of a presidential permit authorizing the construction of the major oil pipeline.
(3) If the commission approves the application, the pipeline carrier shall file a status report with the commission regarding the construction of the major oil pipeline every six months until the completion of the major oil pipeline within Nebraska. The pipeline carrier shall notify the commission of the completion of the major oil pipeline within Nebraska within thirty days after such completion.
(4) If the commission denies the application, the pipeline carrier may amend the denied application in accordance with the findings of the commission and submit the amended application within sixty days after the issuance of the order denying the application. Within sixty days after the receipt of the amended application, the commission shall enter an order approving or denying the amended application after making new findings under subsection (4) of section 57-1407.
Source
Laws 2011, First Spec. Sess., LB1, § 9.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1409 - Appeal.

57-1409.
Appeal.
Any party aggrieved by a final order of the commission regarding an application or assessment under the Major Oil Pipeline Siting Act, including, but not limited to, a decision relating to the public interest, may appeal. The appeal shall be in accordance with section 75-136.
Source
Laws 2011, First Spec. Sess., LB1, § 10;
Laws 2013, LB545, § 1.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1411 - Public Service Commission Pipeline Regulation Fund; created; use; investment.

57-1411.
Public Service Commission Pipeline Regulation Fund; created; use; investment.
The Public Service Commission Pipeline Regulation Fund is created. The fund shall be administered by the commission. The fund shall be used by the commission to carry out the Major Oil Pipeline Siting Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2011, First Spec. Sess., LB1, § 12.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1412 - Commission; powers.

57-1412.
Commission; powers.
The commission may contract for professional services and expert assistance, including, but not limited to, the services of engineers, hydrogeologists, accountants, attorneys, and economists, to assist with reviewing applications under the Major Oil Pipeline Siting Act.
Source
Laws 2011, First Spec. Sess., LB1, § 13.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1413 - Documents or records; not withheld from public.

57-1413.
Documents or records; not withheld from public.
The commission shall not withhold any documents or records relating to a major oil pipeline from the public unless the documents or records are of the type that can be withheld under section 84-712.05 or unless federal law provides otherwise.
Source
Laws 2012, LB1161, § 3.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1501 - Legislative findings.

57-1501.
Legislative findings.
The Legislature finds that:
(1) The State of Nebraska is responsible for protecting its natural resources, agricultural resources, aesthetics, economy, and communities through reasonable regulation for the common good and welfare. As such, the state is responsible for ensuring that an oil pipeline proposed to be located within, through, or across Nebraska is in compliance with all state laws, rules, and regulations relating to water, air, and wildlife under the Constitution of Nebraska and state law;
(2) Public policy should reflect this responsibility while simultaneously recognizing the necessity for energy use and the economic benefits to Nebraska of transporting oil within, through, or across the state, the need for economic development in Nebraska, and the opportunities for jobs and revenue that new development brings to the state;
(3) The United States has the important ability to work with foreign suppliers of crude oil to meet our overall energy needs and to further our national security interests; and
(4) The economic benefits of oil pipeline construction projects are important to the state, including the creation of jobs. Nevertheless, the benefits of any proposed oil pipeline project must be weighed against any concerns brought by the residents of Nebraska.
Source
Laws 2011, First Spec. Sess., LB4, § 1.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1502 - Terms, defined.

57-1502.
Terms, defined.
For purposes of sections 57-1501 to 57-1503:
(1) Department means the Department of Environment and Energy;
(2) Oil pipeline means a pipeline which is larger than eight inches in inside diameter and which is constructed in Nebraska for the transportation of petroleum, or petroleum components, products, or wastes, including crude oil or any fraction of crude oil, within, through, or across Nebraska, but does not include in-field and gathering lines; and
(3) Pipeline carrier means an individual, a company, a corporation, an association, or any other legal entity that engages in owning, operating, or managing an oil pipeline.
Source
Laws 2011, First Spec. Sess., LB4, § 2;
Laws 2019, LB302, § 62.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1602 - Legislative findings and declarations.

57-1602.
Legislative findings and declarations.
The Legislature finds, recognizes, and declares that it is in the public interest to promote the geologic storage of carbon dioxide. Doing so will benefit the state and the global environment by reducing greenhouse gas emissions and will help ensure the viability of the state's energy and power industries, to the economic benefit of Nebraska and its citizens. Further, geologic storage of carbon dioxide, a potentially valuable commodity, may allow for its ready availability if needed for commercial, industrial, or other uses. Geologic storage, however, to be practical and effective, requires cooperative use of surface and subsurface property interests and the collaboration of property owners. Obtaining consent from all owners may not be feasible, requiring procedures that promote, in a manner fair to all interests, cooperative management, thereby ensuring the maximum use of natural resources. Use of any subsurface stratum and any materials and fluids contained therein for geologic storage of carbon dioxide is a reasonable and beneficial use.
Source
Laws 2021, LB650, § 2.