reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3301 - Terms, defined.

60-3301.
Terms, defined.
For purposes of sections 60-3301 to 60-3311, the following definitions apply:
(1) Automated driving system means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis regardless of whether it is limited to a specific operational design domain, if any;
(2) Automated-driving-system-equipped vehicle means a motor vehicle equipped with an automated driving system;
(3) Conventional human driver means a human person who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a motor vehicle;
(4) Department means the Department of Motor Vehicles;
(5) Driverless-capable vehicle means a motor vehicle equipped with an automated driving system capable of performing all aspects of the dynamic driving task within its operational design domain, if any, including achieving a minimal risk condition, without any intervention or supervision by a conventional human driver;
(6) Dynamic driving task means all of the real-time operational and tactical functions required to operate a motor vehicle within its specific operational design domain, if any, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints;
(7) Minimal risk condition means a reasonably safe state to which an automated driving system brings an automated-driving-system-equipped vehicle upon experiencing a performance-related failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task, such as bringing the vehicle to a complete stop and activating the hazard lamps;
(8) On-demand driverless-capable vehicle network means a transportation service network that uses a software application or other digital means to dispatch driverless-capable vehicles for purposes of transporting persons or goods, including for-hire transportation, transportation for compensation, and public transportation; and
(9) Operational design domain means a description of the specific operating domain in which an automated driving system is designed to properly operate, including, but not limited to, roadway types, speed range, environmental conditions such as weather and time of day, and other domain constraints.
Source
Laws 2018, LB989, § 1.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3302 - Driverless-capable vehicle; operation; conditions.

60-3302.
Driverless-capable vehicle; operation; conditions.
A driverless-capable vehicle may operate on the public roads of this state without a conventional human driver physically present in the vehicle, as long as the vehicle meets the following conditions:
(1) The vehicle is capable of achieving a minimal risk condition if a malfunction of the automated driving system occurs that renders the system unable to perform the entire dynamic driving task within its intended operational design domain, if any; and
(2) While in driverless operation, the vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state that govern the performance of the dynamic driving task, including, but not limited to, safely negotiating railroad crossings, unless an exemption has been granted by the department. The department shall consult with the railroad companies operating in this state when considering an exemption that affects vehicle operations at railroad crossings.
Source
Laws 2018, LB989, § 2.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3303 - Automated-driving-system-equipped vehicle; operation; authorized; provisions applicable; department; duties.

60-3303.
Automated-driving-system-equipped vehicle; operation; authorized; provisions applicable; department; duties.
(1) Notwithstanding any other provision of law, the operation on the public roads of this state of an automated-driving-system-equipped vehicle capable of performing the entire dynamic driving task within its operational design domain while a conventional human driver is present is lawful. Such operation shall be subject to the Nebraska Rules of the Road, as applicable. In addition, the conventional human driver shall be licensed as required under the Motor Vehicle Operator's License Act, shall remain subject to the Nebraska Rules of the Road, shall operate the automated-driving-system-equipped vehicle according to the manufacturer's requirements and specifications, and shall regain manual control of the vehicle upon the request of the automated driving system.
(2) The automated driving system feature, while engaged, shall be designed to operate within its operational design domain in compliance with the Nebraska Rules of the Road, including, but not limited to, safely negotiating railroad crossings, unless an exemption has been granted by the department. The department shall consult with the railroad companies operating in this state when considering an exemption that affects vehicle operations at railroad crossings.
Source
Laws 2018, LB989, § 3.
Cross References
Motor Vehicle Operator's License Act, see section 60-462.
Nebraska Rules of the Road, see section 60-601.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3304 - Proof of financial responsibility.

60-3304.
Proof of financial responsibility.
Before an automated-driving-system-equipped vehicle may operate on the public roads of this state, a person shall submit proof of financial responsibility satisfactory to the department that the automated-driving-system-equipped vehicle is covered by insurance or proof of self-insurance that satisfies the requirements of the Motor Vehicle Safety Responsibility Act.
Source
Laws 2018, LB989, § 4.
Cross References
Motor Vehicle Safety Responsibility Act, see section 60-569.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3305 - On-demand driverless-capable vehicle network; authorized.

60-3305.
On-demand driverless-capable vehicle network; authorized.
(1) Notwithstanding any other provision of law, a person may operate an on-demand driverless-capable vehicle network. Such a network may provide transportation of persons or goods, including:
(a) For-hire transportation, including transportation for multiple passengers who agree to share the ride in whole or in part; and
(b) Public transportation.
(2) An on-demand driverless-capable vehicle network may connect passengers to driverless-capable vehicles either (a) exclusively or (b) as part of a digital network that also connects passengers to human drivers who provide transportation services, consistent with applicable law, in vehicles that are not driverless-capable vehicles.
Source
Laws 2018, LB989, § 5.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3306 - Nebraska Rules of the Road; how construed.

60-3306.
Nebraska Rules of the Road; how construed.
Subject to section 60-3302, the Nebraska Rules of the Road shall not be construed as requiring a conventional human driver to operate a driverless-capable vehicle that is being operated by an automated driving system, and the automated driving system of such vehicle, when engaged, shall be deemed to fulfill any physical acts required of a conventional human driver to perform the dynamic driving task.
Source
Laws 2018, LB989, § 6.
Cross References
Nebraska Rules of the Road, see section 60-601.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3307 - Crash or collision; duties.

60-3307.
Crash or collision; duties.
In the event of a crash or collision:
(1) The automated-driving-system-equipped vehicle shall remain on the scene of the crash or collision and otherwise comply with sections 60-696 to 60-698; and
(2) The owner of the automated-driving-system-equipped vehicle, if capable, or a person on behalf of the automated-driving-system-equipped vehicle owner, shall report any crash or collision as required by section 60-698.
Source
Laws 2018, LB989, § 7.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3308 - Provisions of law governing vehicles and systems; limit on state and political subdivisions.

60-3308.
Provisions of law governing vehicles and systems; limit on state and political subdivisions.
(1) Automated-driving-system-equipped vehicles and automated driving systems are governed exclusively by sections 60-3301 to 60-3311. The department is the sole and exclusive state agency that may implement sections 60-3301 to 60-3311.
(2) The state or any political subdivision shall not impose requirements, including performance standards, specific to the operation of automated-driving-system-equipped vehicles, automated driving systems, or on-demand driverless-capable vehicle networks in addition to the requirements of sections 60-3301 to 60-3311.
(3) The state or any political subdivision thereof shall not impose a tax or other requirements on an automated-driving-system-equipped vehicle, an automated driving system, or an on-demand driverless-capable vehicle network, where such tax or other requirements relate specifically to the operation of automated-driving-system-equipped vehicles.
Source
Laws 2018, LB989, § 8.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3309 - Sections, how construed with respect to highways.

60-3309.
Sections, how construed with respect to highways.
Nothing in sections 60-3301 to 60-3311 shall be construed to require the State of Nebraska or any political subdivision thereof to plan, design, construct, maintain, or modify any highway, as defined in section 60-624, for the accommodation of an automated-driving-system-equipped vehicle or a driverless-capable vehicle.
Source
Laws 2018, LB989, § 9.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3310 - Sections, how construed with respect to liability.

60-3310.
Sections, how construed with respect to liability.
Nothing in sections 60-3301 to 60-3311 shall be construed to provide greater liability than is already allowed under the Political Subdivisions Tort Claims Act or the State Tort Claims Act.
Source
Laws 2018, LB989, § 10.
Cross References
Political Subdivisions Tort Claims Act, see section 13-901.
State Tort Claims Act, see section 81-8,235.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-3311 - Title and registration provisions; department; powers.

60-3311.
Title and registration provisions; department; powers.
The department is authorized to title and register, pursuant to the Motor Vehicle Certificate of Title Act and the Motor Vehicle Registration Act, automated-driving-system-equipped vehicles and driverless-capable vehicles that do not meet applicable federal motor vehicle safety standards but which have been granted an exemption by the National Highway Traffic Safety Administration.
Source
Laws 2018, LB989, § 11.
Cross References
Motor Vehicle Certificate of Title Act, see section 60-101.
Motor Vehicle Registration Act, see section 60-301.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-201 - Director of Natural Resources; qualifications.

61-201.
Director of Natural Resources; qualifications.
The Director of Natural Resources shall be qualified by training and business experience to manage and supervise the Department of Natural Resources. The director shall be a professional engineer as provided in the Engineers and Architects Regulation Act and have had at least five years' experience in a position of responsibility in irrigation work.
Source
Laws 1957, c. 365, § 19, p. 1241;
Laws 1959, c. 219, § 2, p. 767;
Laws 1969, c. 386, § 1, p. 1355;
Laws 1997, LB 622, § 75;
R.S.1943, (1998), § 46-701;
Laws 2000, LB 900, § 1.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-202 - Director of Natural Resources; employment of personnel.

61-202.
Director of Natural Resources; employment of personnel.
The Director of Natural Resources may employ such personnel, including legal and technical advisors, as necessary to carry out the duties required of the director.
Source
Laws 1957, c. 365, § 20, p. 1241;
R.S.1943, (1998), § 46-702;
Laws 2000, LB 900, § 2.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-203 - Director of Natural Resources; seal; certified copies of records; admissibility as evidence.

61-203.
Director of Natural Resources; seal; certified copies of records; admissibility as evidence.
The Director of Natural Resources shall adopt a seal. Copies of all records or other instruments in the Department of Natural Resources when certified by the department as true copies and bearing the seal thereof shall be received in any court as prima facie evidence of the original record or instruments.
Source
Laws 1957, c. 365, § 21, p. 1241;
R.S.1943, (1998), § 46-703;
Laws 2000, LB 900, § 3.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-204 - Department of Natural Resources; rules and regulations.

61-204.
Department of Natural Resources; rules and regulations.
(1) The Director of Natural Resources may adopt and promulgate rules and regulations for the Department of Natural Resources except to the extent such power is statutorily granted to the Nebraska Natural Resources Commission. The director shall administer rules and regulations adopted and promulgated by the commission.
(2) The rules, regulations, and orders of the Director of Water Resources, the Department of Water Resources, and the Nebraska Natural Resources Commission shall remain in effect unless changed or eliminated by the Director of Natural Resources or the Department of Natural Resources or by the commission to the extent such power is statutorily granted to the commission.
Source
Laws 1957, c. 365, § 22, p. 1241;
R.S.1943, (1998), § 46-704;
Laws 2000, LB 900, § 4.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-205 - Department of Natural Resources; general grant of authority.

61-205.
Department of Natural Resources; general grant of authority.
The Department of Natural Resources shall exercise the powers and perform the duties assigned to the Department of Water Resources prior to July 1, 2000. The Department of Natural Resources shall exercise the powers and perform the duties assigned to the Nebraska Natural Resources Commission prior to July 1, 2000, except as otherwise specifically provided.
The Director of Natural Resources and his or her duly authorized assistants shall have access at all reasonable times to all dams, reservoirs, hydroelectric plants, water measuring devices, and headgates, and other devices for diverting water, for the purpose of performing the duties assigned to the department.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 1, p. 834;
C.S.1922, § 8420;
C.S.1929, § 81-6301;
R.S.1943, § 46-208;
Laws 1973, LB 186, § 1;
R.S.1943, (1998), § 46-208;
Laws 2000, LB 900, § 5;
Laws 2006, LB 1226, § 29.
Annotations
Department is the successor of prior boards dealing with irrigation. State v. Nielsen, 163 Neb. 372, 79 N.W.2d 721 (1956).
Under former law, Department of Roads and Irrigation exercised powers and functions of former Board of Irrigation. In re Claim Affidavit of Parsons, 148 Neb. 239, 27 N.W.2d 190 (1947).
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-208 - Department of Natural Resources; powers; survey of streams.

61-208.
Department of Natural Resources; powers; survey of streams.
The Department of Natural Resources may make surveys of streams showing location of possible water power developments and irrigation projects.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 30, p. 845;
C.S.1922, § 8449;
C.S.1929, § 81-6330;
R.S.1943, § 46-212;
Laws 1984, LB 897, § 4;
R.S.1943, (1998), § 46-212;
Laws 2000, LB 900, § 8.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-209 - Department of Natural Resources; powers; water data collection; fee.

61-209.
Department of Natural Resources; powers; water data collection; fee.
The Department of Natural Resources may conduct special projects for water data collection on behalf of other state agencies, political subdivisions, or federal agencies. Such data shall be public information. The department may charge a fee to cover in whole or in part the costs of collecting, analyzing, and publishing the data and such fees shall be deposited in the Department of Natural Resources Cash Fund.
Source
Laws 1983, LB 33, § 1;
R.S.1943, (1998), § 46-212.01;
Laws 2000, LB 900, § 9.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-210 - Department of Natural Resources Cash Fund; created; use; investment.

61-210.
Department of Natural Resources Cash Fund; created; use; investment.
The Department of Natural Resources Cash Fund is created. The State Treasurer shall credit to such fund such money as is specifically appropriated or reappropriated by the Legislature. The State Treasurer shall also credit such fund with payments, if any, accepted for services rendered by the department and fees collected pursuant to subsection (6) of section 46-606 and section 61-209. The funds made available to the Department of Natural Resources by the United States, through the Natural Resources Conservation Service of the Department of Agriculture or through any other agencies, shall be credited to the fund by the State Treasurer. 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. The Department of Natural Resources shall allocate money from the fund to pay costs of the programs or activities of the department. The Director of Administrative Services, upon receipt of proper vouchers approved by the department, shall issue warrants on the fund, and the State Treasurer shall countersign and pay from, but never in excess of, the amounts to the credit of the fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature.
Source
Laws 1937, c. 8, § 13, p. 109;
C.S.Supp.,1941, § 2-1913;
R.S.1943, § 2-1547;
Laws 1959, c. 6, § 25, p. 90;
Laws 1969, c. 584, § 28, p. 2358;
Laws 1973, LB 188, § 2;
Laws 1987, LB 29, § 2;
Laws 1995, LB 7, § 6;
Laws 1999, LB 403, § 2;
R.S.Supp.,1999, § 2-1547;
Laws 2000, LB 900, § 10;
Laws 2001, LB 667, § 26;
Laws 2002, LB 458, § 8;
Laws 2005, LB 335, § 81;
Laws 2007, LB701, § 26;
Laws 2009, First Spec. Sess., LB3, § 38.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-211 - Department of Natural Resources; powers; measuring devices; gauge height reports; requirements; violation; penalty.

61-211.
Department of Natural Resources; powers; measuring devices; gauge height reports; requirements; violation; penalty.
The Department of Natural Resources may direct managers or operators of interstate ditches to construct and maintain suitable measuring devices at or near the state line in Nebraska. A manager or operator shall within thirty days after receipt of notice from the department construct and complete installation of such a measuring device and shall furnish daily gauge height reports to the department from the beginning to the end of the irrigation season, in such form and manner as recommended by the department. Failure of any manager or operator of an interstate ditch to comply with this section shall be a Class V misdemeanor.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 31, p. 846;
C.S.1922, § 8450;
C.S.1929, § 81-6331;
R.S.1943, § 46-213;
Laws 1977, LB 40, § 256;
Laws 1991, LB 276, § 1;
R.S.1943, (1998), § 46-213;
Laws 2000, LB 900, § 11.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-212 - Water divisions; denomination.

61-212.
Water divisions; denomination.
The State of Nebraska is hereby divided into two water divisions, denominated water division No. 1 and water division No. 2, respectively.
Source
Laws 1895, c. 69, § 1, p. 244;
R.S.1913, § 3378;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 10, p. 833;
C.S.1922, § 8415;
C.S.1929, § 46-510;
R.S.1943, § 46-215;
R.S.1943, (1998), § 46-215;
Laws 2000, LB 900, § 12.
Annotations
For administrative purposes, state is divided into two water divisions. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-213 - Water division No. 1; boundaries.

61-213.
Water division No. 1; boundaries.
Water division No. 1 shall consist of (1) all the lands of the state drained by the Platte Rivers and their tributaries lying west of the mouth of the Loup River and (2) all other lands lying south of the Platte and South Platte Rivers that may be watered from other superficial or subterranean streams not tributary to the Platte River.
Source
Laws 1895, c. 69, § 2, p. 244;
R.S.1913, § 3379;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 11, p. 833;
C.S.1922, § 8416;
C.S.1929, § 46-511;
R.S.1943, § 46-216;
R.S.1943, (1998), § 46-216;
Laws 2000, LB 900, § 13.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-214 - Water division No. 2; boundaries.

61-214.
Water division No. 2; boundaries.
Water division No. 2 shall consist of (1) all lands that may be watered from the Loup, White, Niobrara, and Elkhorn Rivers and their tributaries and (2) all other lands of the state not included in any other water division.
Source
Laws 1895, c. 69, § 3, p. 245;
Laws 1911, c. 153, § 2, p. 498;
R.S.1913, § 3380;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 12, p. 833;
C.S.1922, § 8417;
C.S.1929, § 46-512;
R.S.1943, § 46-217;
R.S.1943, (1998), § 46-217;
Laws 2000, LB 900, § 14.
Annotations
Snake River is within the Niobrara River basin or watershed. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-215 - Water divisions; division supervisors.

61-215.
Water divisions; division supervisors.
There shall be one or more division supervisors acting for the Department of Natural Resources to administer the public water of the state in the water divisions created by section 61-212. Such a division supervisor, acting for the department, shall have the immediate direction and control of the distribution of water in such manner as directed by the department.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 3, p. 834;
C.S.1922, § 8422;
C.S.1929, § 81-6303;
R.S.1943, § 46-218;
Laws 1953, c. 157, § 1, p. 495;
Laws 1987, LB 140, § 2;
R.S.1943, (1998), § 46-218;
Laws 2000, LB 900, § 15.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-216 - Water divisions; division supervisors; duties.

61-216.
Water divisions; division supervisors; duties.
The division supervisor or supervisors shall, under the direction of the Department of Natural Resources, see that the laws relative to the distribution of water are executed in accordance with the rights of priority of appropriation.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 4, p. 835;
C.S.1922, § 8423;
C.S.1929, § 81-6304;
R.S.1943, § 46-219;
Laws 1953, c. 157, § 2, p. 495;
R.S.1943, (1998), § 46-219;
Laws 2000, LB 900, § 16.
Annotations
Under former law, Department of Roads and Irrigation was authorized to shut and lock headgates of junior appropriators when there was not sufficient water to supply the needs of senior appropriators. Platte Valley Irr. Dist. v. Tilley, 142 Neb. 122, 5 N.W.2d 252 (1942).
Right to shut and lock headgates is not exclusive remedy. Farmers & Merchants' Irr. Co. v. Cozad Irr. Co., 65 Neb. 3, 90 N.W. 951 (1902).
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-223 - Water Sustainability Fund; legislative intent.

61-223.
Water Sustainability Fund; legislative intent.
The Legislature finds that water sustainability programs, projects, and activities are complex, multiyear endeavors that require a stable source of state funding support in order for the required matching funds to be secured and for projects to be completed in a timely and successful manner. It is the intent of the Legislature that transfers of money from the General Fund to the Water Sustainability Fund be maintained at the level established in section 61-222 for a minimum of ten fiscal years.
Source
Laws 2015, LB661, § 20.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-224 - Critical Infrastructure Facilities Cash Fund; created; use; investment.

61-224.
Critical Infrastructure Facilities Cash Fund; created; use; investment.
There is hereby created the Critical Infrastructure Facilities Cash Fund in the Department of Natural Resources. The fund shall consist of funds appropriated or transferred by the Legislature. The fund shall be used by the Department of Natural Resources (1) to provide a grant to a natural resources district to offset costs related to soil and water improvements intended to protect critical infrastructure facilities within the district which includes military installations, transportation routes, and wastewater treatment facilities, (2) to provide a grant to an irrigation district for reimbursement of costs related to temporary repairs to the main canal and tunnels of an interstate irrigation system which experienced a failure, and (3) to provide a grant to an entity within a county with a population exceeding one hundred thousand inhabitants formed pursuant to the Interlocal Cooperation Act for the purpose of funding a portion of the cost of a wastewater system. Any funds remaining after all such project costs have been completely funded shall be transferred to the General Fund. Transfers may be made from the Critical Infrastructure Facilities Cash Fund to the General Fund at the direction of the Legislature. Any money in the Critical Infrastructure Facilities Cash 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, and any interest earned by the fund shall be credited to the General Fund.
Source
Laws 2016, LB957, § 21;
Laws 2018, LB945, § 16;
Laws 2020, LB1009, § 5;
Laws 2023, LB818, § 13.
Effective Date: May 25, 2023
Cross References
Interlocal Cooperation Act, see section 13-801.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-225 - State flood mitigation plan; legislative findings.

61-225.
State flood mitigation plan; legislative findings.
The Legislature finds and declares that the State of Nebraska experienced a historic flood event in 2019. This flood event significantly impacted numerous communities and individual Nebraskans. Coordination and communication between state and local entities implementing flood mitigation strategies is essential to maximize federal funds for flood mitigation efforts.
Source
Laws 2020, LB632, § 9.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-226 - State flood mitigation plan; scope.

61-226.
State flood mitigation plan; scope.
The Department of Natural Resources shall develop a state flood mitigation plan as a stand-alone document to be annexed into the state hazard mitigation plan maintained by the Nebraska Emergency Management Agency. Such plan shall be structured in accordance with Federal Emergency Management Agency guidelines, and shall be comprehensive, collaborative, and statewide in scope with opportunities for input from diverse stakeholders.
Source
Laws 2020, LB632, § 10.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-227 - State flood mitigation plan; plan development group; engage federal, state, and local agencies and other sources.

61-227.
State flood mitigation plan; plan development group; engage federal, state, and local agencies and other sources.
The Department of Natural Resources shall convene a plan development group which shall be housed and staffed for administrative purposes within such department. The Department of Natural Resources shall engage with federal, state, and local agency and community stakeholders in the development of the state flood mitigation plan, including, but not limited to, the Department of Transportation, the Department of Environment and Energy, the Department of Economic Development, the Department of Agriculture, the Nebraska Emergency Management Agency, natural resources districts, the United States Department of Agriculture, the United States Army Corps of Engineers, the United States Geological Survey, the Federal Emergency Management Agency, the University of Nebraska, representatives of counties, municipalities, and other political subdivisions, and the Natural Resources Committee of the Legislature. The Department of Natural Resources may engage other sources to provide technical expertise as needed.
Source
Laws 2020, LB632, § 11.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-228 - State flood mitigation plan; department; duties.

61-228.
State flood mitigation plan; department; duties.
The Department of Natural Resources shall:
(1) Evaluate the flood issues that occurred in 2019, and identify cost-effective flood mitigation strategies that should be adopted to reduce the disruption of lives and livelihoods and prioritize making Nebraska communities more resilient;
(2) Identify opportunities to implement flood hazard mitigation strategies with the intent to reduce the impact of flood events;
(3) Work to improve knowledge and understanding of available recovery resources while identifying potential gaps in current disaster program delivery;
(4) Identify potential available funding sources that can be accessed to improve the resilience of the state through flood mitigation and post-flood disaster recovery. The funding sources shall include, but not be limited to, assistance from (a) the Federal Emergency Management Agency's Flood Mitigation Assistance Grant Program, Building Resilient Infrastructure and Communities Grant Program, Hazard Mitigation Grant Program, Public Assistance Program, and Individual Assistance Program, (b) the United States Department of Housing and Urban Development's Community Development Block Grant Program and Community Development Block Grant Disaster Recovery Program, and (c) programs of the United States Department of Agriculture's Natural Resources Conservation Service. Identification of such funding sources shall be in addition to grants and cost-sharing programs available through other agencies that support flood hazard mitigation planning in communities;
(5) Compile a centralized list of critical infrastructure and state-owned facilities and identify those with the highest risk of flooding. In compiling such list, the Department of Natural Resources shall consult and collaborate with other state and local agencies that have information that identifies vulnerable facilities;
(6) Evaluate state laws, rules, regulations, policies, and programs related to flood hazard mitigation and development in flood hazard-prone areas to support the state's administration of the Federal Emergency Management Agency's National Flood Insurance Program, Community Rating System, and Risk Mapping, Assessment, and Planning Program;
(7) Examine existing law and, if necessary, recommend statutory or administrative changes to help ensure collaboration and coordination between state and local entities in statewide flood mitigation planning; and
(8) Hold two public hearings, one prior to the first state flood mitigation plan development meeting and one prior to the completion of such plan. Notice of each hearing shall be published at least thirty days prior to the hearing date.
Source
Laws 2020, LB632, § 12.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-302 - Legislative findings and declarations.

61-302.
Legislative findings and declarations.
(1) The Legislature finds that it is essential to the economic prosperity, health, and welfare of the people of the State of Nebraska, and to the environmental health of the entire Platte River Basin, to protect Nebraska's full entitlement to the flows of the South Platte River as provided for in the South Platte River Compact. The South Platte River Compact is the law of Nebraska and of the United States that specifically authorizes Nebraska to develop a canal and associated storage facilities for the diversion of water from the South Platte River for beneficial use in Nebraska.
(2) The Legislature declares that a canal and associated storage facilities, which shall be known as the Perkins County Canal Project, shall be developed, constructed, managed, and operated under the authority of the State of Nebraska consistent with the South Platte River Compact and pursuant to the Perkins County Canal Project Act.
Source
Laws 2022, LB1015, § 2.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-303 - Department of Natural Resources; powers and duties.

61-303.
Department of Natural Resources; powers and duties.
The Department of Natural Resources shall have the necessary authority to develop, construct, manage, and operate the Perkins County Canal Project consistent with the terms of the South Platte River Compact and pursuant to the Perkins County Canal Project Act. The department's powers under the act shall include: (a) Contracting for services, (b) acquiring permits, (c) acquiring and owning real property, (d) acquiring, holding, and exercising water rights, (e) employing personnel, (f) accepting grants, loans, donations, gifts, bequests, or other contributions from any person or entity, public or private, including any funds made available by any department or agency of the United States, (g) managing and expending such funds as are made available to it from the Perkins County Canal Project Fund, and (h) any other necessary functions consistent with the compact and pursuant to the act in protecting Nebraska's full entitlement to flows of the South Platte River. For purposes of the Perkins County Canal Project Act, the Department of Natural Resources is authorized to acquire real estate or access thereto in the name of the State of Nebraska by the use of eminent domain as provided under section 76-725. The department is also authorized to resolve all disputes that may arise, including the initiation or defense of legal actions of any kind, as necessary to achieve the purposes of the act.
Source
Laws 2022, LB1015, § 3.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-304 - Conflict of interest, prohibited.

61-304.
Conflict of interest, prohibited.
(1) An individual listed in subsection (2) of this section or his or her immediate family member shall not, directly or indirectly, hold a financial interest in any entity which is party to a contract or have a financial interest in the ownership or lease of any property relating to the development, construction, management, or operation of the Perkins County Canal Project.
(2) This section shall apply to:
(a) Any elected official in the executive branch of state government. This section shall apply to such official while he or she is in office and for two years after he or she leaves office; and
(b) Any member of the Legislature.
(3) For purposes of this section, immediate family member means a spouse, child, sibling, or parent and includes the spouse of any child, sibling, or parent.
Source
Laws 2022, LB1015, § 4.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-305 - Perkins County Canal Project Fund; created; use; investment; study; required.

61-305.
Perkins County Canal Project Fund; created; use; investment; study; required.
(1) The Perkins County Canal Project Fund is created. The fund shall be administered by the Department of Natural Resources. The State Treasurer shall credit to the fund any money transferred by the Legislature and such grants, loans, donations, gifts, bequests, or other money received from any federal or state agency or public or private source for use by the department for the canal project. Any fees collected for water delivery may be credited to the fund. Any money in the Perkins County Canal Project 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. Any investment earnings from investment of money in the Perkins County Canal Project Fund shall be credited to such fund, except that for fiscal years 2023-24, 2024-25, and 2025-26, such investment earnings shall be credited to the Economic Recovery Contingency Fund.
(2)(a) The department shall use the Perkins County Canal Project Fund to identify the optimal route and purchase land for and develop, construct, manage, and operate the Perkins County Canal as outlined by the South Platte River Compact and to contract with an independent firm for the purposes of completing a study of such canal. The study shall include, but may not be limited to, the following:
(i) Costs of completion of a canal and adjoining reservoirs as outlined in the South Platte River Compact;
(ii) A timeline for completion of a canal and adjoining reservoirs as outlined in the South Platte River Compact;
(iii) A cost-effectiveness study examining alternatives, including alternatives that may reduce environmental or financial impacts; and
(iv) The impacts of the canal on drinking water supplies for the cities of Lincoln and Omaha.
(b) The department shall provide the findings of such study electronically to the Clerk of the Legislature and present the findings at a public hearing held by the Appropriations Committee of the Legislature on or before December 31, 2022.
Source
Laws 2022, LB1012, § 4;
Laws 2023, LB531, § 25;
Laws 2023, LB818, § 14.
Note:
The Revisor of Statutes has pursuant to section 49-769 correlated LB531, section 25, with LB818, section 14, to reflect all amendments.
Note:
Changes made by LB531 became operative June 7, 2023. Changes made by LB818 became effective May 25, 2023.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-405 - Jobs and Economic Development Initiative Fund; created; use; investment; studies required.

61-405.
Jobs and Economic Development Initiative Fund; created; use; investment; studies required.
(1) The Jobs and Economic Development Initiative Fund is created. The fund shall be administered by the Department of Natural Resources. The State Treasurer shall credit to the fund any money transferred to the fund by the Legislature and such donations, gifts, bequests, or other money received from any federal or state agency or public or private source. The fund shall be used for water and recreational projects pursuant to the Jobs and Economic Development Initiative 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. Any investment earnings from investment of money in the fund shall be credited to the fund.
(2) An amount, not to exceed twenty million dollars, shall be available for site selection costs, feasibility and public water supply studies, and flood mitigation costs of the Department of Natural Resources related to any projects pursuant to the Jobs and Economic Development Initiative Act. The Department of Natural Resources shall, in cooperation with impacted communities, including, but not limited to, any city of the primary class and metropolitan utilities district, contract with an independent consultant to conduct a study on the consequences of any lake located in the Lower Platte River Basin to the public water supply of such communities. Such study shall consider all aspects of water quality, water quantity, and water infrastructure, and any other issues necessary to protect the public water supply, including the impact to future water supply opportunities to the impacted communities.
(3) No funds shall be expended for any project, other than those enumerated in subsection (2) of this section, from the Jobs and Economic Development Initiative Fund unless the Director of Natural Resources certifies to the budget administrator of the budget division of the Department of Administrative Services that the Department of Natural Resources has conducted any environmental, hydrological, or other feasibility studies the director deems necessary to establish the feasibility of any projects pursuant to the Jobs and Economic Development Initiative Act and that, based on the results of such studies, the director has deemed the projects feasible.
Source
Laws 2022, LB1012, § 7.
Cross References
Jobs and Economic Development Initiative Act, see section 61-401.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-501 - Act, how cited.

61-501.
Act, how cited.
Sections 61-501 to 61-520 shall be known and may be cited as the Public Water and Natural Resources Project Contracting Act.
Source
Laws 2023, LB565, § 1.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-503 - Purpose of act.

61-503.
Purpose of act.
The purpose of the Public Water and Natural Resources Project Contracting Act is to provide the department alternative methods of contracting for public water and natural resources projects. The alternative methods of contracting shall be available to the department for use on any project regardless of the funding source. Notwithstanding any other provision of state law to the contrary, the Public Water and Natural Resources Project Contracting Act shall govern the design-build, progressive design-build, and construction manager-general contractor procurement processes.
Source
Laws 2023, LB565, § 3.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-504 - Design-build contract; progressive design-build contract; construction manager-general contractor contract; authorized.

61-504.
Design-build contract; progressive design-build contract; construction manager-general contractor contract; authorized.
The department, in accordance with the Public Water and Natural Resources Project Contracting Act, may solicit and execute a design-build contract, a progressive design-build contract, or a construction manager-general contractor contract for a public surface water or groundwater-related infrastructure project.
Source
Laws 2023, LB565, § 4.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-505 - Engineering or architectural consultant; hiring authorized.

61-505.
Engineering or architectural consultant; hiring authorized.
The department may hire an engineering or architectural consultant to assist the department with the development of project performance criteria and requests for proposals, with evaluation of proposals, with evaluation of the construction to determine adherence to the project performance criteria, and with any additional services requested by the department to represent its interests in relation to a project. The procedures used to hire such person or organization shall comply with the Nebraska Consultants' Competitive Negotiation Act. The person or organization hired shall be ineligible to be included as a provider of other services in a proposal for the project for which the person or organization has been hired and shall not be employed by or have a financial or other interest in a design-builder or construction manager who will submit a proposal.
Source
Laws 2023, LB565, § 5.
Operative Date: September 2, 2023
Cross References
Nebraska Consultants' Competitive Negotiation Act, see section 81-1702.
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-506 - Guidelines for contracts.

61-506.
Guidelines for contracts.
The department shall adopt guidelines for entering into a design-build contract, a progressive design-build contract, or a construction manager-general contractor contract. The department's guidelines shall include the following:
(1) Preparation and content of requests for qualifications;
(2) Preparation and content of requests for proposals;
(3) Qualification and short-listing of design-builders, progressive design-builders, and construction managers. The guidelines shall provide that the department will evaluate prospective design-builders, progressive design-builders, and construction managers based on the information submitted to the department in response to a request for qualifications and will select a short list of design-builders, progressive design-builders, or construction managers who shall be considered qualified and eligible to respond to the request for proposals;
(4) Preparation and submittal of proposals;
(5) Procedures and standards for evaluating proposals;
(6) Procedures for negotiations between the department and the design-builders, progressive design-builders, or construction managers submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated; and
(7) Procedures for the evaluation of construction under a design-build contract or a progressive design-build contract to determine adherence to the project performance criteria.
Source
Laws 2023, LB565, § 6.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-507 - Process for selecting design-builder or progressive design-builder.

61-507.
Process for selecting design-builder or progressive design-builder.
(1) The process for selecting a design-builder and entering into a design-build contract shall be in accordance with sections 61-508 to 61-511.
(2) Except as otherwise specifically provided in the Public Water and Natural Resources Project Contracting Act, the process for selecting a progressive design-builder and entering into a progressive design-build contract shall be in accordance with sections 61-508 to 61-511.
Source
Laws 2023, LB565, § 7.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-508 - Request for qualifications; prequalify design-builders and progressive design-builders; notice; short list.

61-508.
Request for qualifications; prequalify design-builders and progressive design-builders; notice; short list.
(1) The department shall prepare a request for qualifications for design-build and progressive design-build proposals and shall prequalify design-builders and progressive design-builders. The request for qualifications shall describe the project in sufficient detail to permit a design-builder or a progressive design-builder to respond. The request for qualifications shall identify the maximum number of design-builders or progressive design-builders the department will place on a short list as qualified and eligible to receive a request for proposals.
(2) A person or organization hired by the department under section 61-505 shall be ineligible to compete for a design-build contract on the same project for which the person or organization was hired.
(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any design-builder or progressive design-builder upon request.
(4) The department shall create a short list of qualified and eligible design-builders or progressive design-builders in accordance with the guidelines adopted pursuant to section 61-506. The department shall select at least two prospective design-builders or progressive design-builders, except that if only one design-builder or progressive design-builder has responded to the request for qualifications, the department may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the design-builders or progressive design-builders placed on the short list.
Source
Laws 2023, LB565, § 8.
Operative Date: September 2, 2023