reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4602 - Legislative findings.

2-4602.
Legislative findings.
The Legislature recognizes that erosion and sedimentation are serious problems throughout the state. Changes in farm and ranch enterprises, operations, and ownership, demands made upon farm and ranch enterprises which do not encourage sound resource utilization, rapid shifts in land use from agricultural and rural to nonagricultural and urban uses, construction of streets, highways, pipelines, recreation areas, schools and universities, public utilities and facilities, conversion of grasslands to croplands, and other land-disturbing activities have caused excessive wind erosion and water runoff and accelerated the process of soil erosion and sediment deposition. This has resulted in the pollution of the waters of the state and damage to domestic, agricultural, industrial, recreational, fish and wildlife, and other resources. It is declared to be the policy of the state to strengthen and extend the present erosion and sediment control activities and programs of the state for both rural and urban lands, to improve water quality, and to establish and implement, through the Director of Natural Resources and the Nebraska Natural Resources Commission, a statewide, comprehensive, and coordinated erosion and sediment control program to reduce damage from wind erosion and storm water runoff, to retard nonpoint pollution from sediment and related pollutants, and to conserve and protect land, air, and other resources of the state. This program shall be carried out by the natural resources districts in cooperation with the counties, municipalities, and other local governments and political subdivisions of the state and other public and private entities.
Source
Laws 1986, LB 474, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4604 - State program; director; duties; program contents; revisions; hearings.

2-4604.
State program; director; duties; program contents; revisions; hearings.
(1) The director shall, in cooperation with the commission, the Department of Environment and Energy, the Natural Resources Conservation Service of the United States Department of Agriculture, and other appropriate state and federal agencies, develop and coordinate a comprehensive state erosion and sediment control program designed to reduce soil erosion in this state to tolerable levels. The program, which shall be reasonable and attainable, shall include:
(a) The soil-loss tolerance level for the various types of soils in the state;
(b) State goals and a state strategy for reducing soil losses on all lands in the state to an amount no more than the applicable soil-loss tolerance level;
(c) Guidelines for establishing priorities for implementation of the program at the state and local levels;
(d) Types of assistance to be provided by the state to districts, cities, and counties in the implementation of the state and local erosion and sediment control programs; and
(e) Such other elements as the director deems appropriate in accordance with the objectives of the Erosion and Sediment Control Act, including any recommendations for further legislative or administrative action.
(2) The state erosion and sediment control program may be revised by the director and the commission at any time. Before approving any such changes, the director and the commission shall conduct at least four public hearings or meetings to receive information from interested persons in different parts of the state.
Source
Laws 1986, LB 474, § 4;
Laws 1993, LB 3, § 5;
Laws 2015, LB206, § 2;
Laws 2019, LB302, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4605 - District program; contents; review.

2-4605.
District program; contents; review.
(1) Each district shall, with the approval of the director, adopt a district program for implementation of the state erosion and sediment control program. Each district's program shall include the:
(a) Soil-loss tolerance levels for the various types of soils in the district. The soil-loss tolerance levels shall be adopted and promulgated as rules and regulations and may be more but not less stringent than those adopted by the director. It is the intent of the Legislature that no land within the state be assigned a soil-loss tolerance level that cannot reasonably be applied to such land;
(b) Recommended erosion or sediment control practices and soil and water conservation practices which are suitable for controlling erosion and sedimentation within the district; and
(c) Programs, procedures, and methods the district plans to adopt and employ to implement the state erosion and sediment control program. Each district may subsequently amend or modify the program as necessary, subject to the approval of the director.
(2) The director with the advice and recommendation of the commission shall review each district's program and all amendments thereto and shall approve the program or amendments if the director determines that the district's program is reasonable, attainable, and in conformance with the state erosion and sediment control program.
Source
Laws 1986, LB 474, § 5;
Laws 1988, LB 594, § 2;
Laws 2015, LB206, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4606 - Municipal or county rules and regulations; authorized; conformance with state program; enforcement; failure to conform, effect.

2-4606.
Municipal or county rules and regulations; authorized; conformance with state program; enforcement; failure to conform, effect.
Any municipality or county may adopt and promulgate rules and regulations governing erosion and sediment control within their respective jurisdictions. Any such municipal or county rules and regulations shall be in substantial conformance with the state erosion and sediment control program. If a municipality or county adopts and promulgates rules and regulations, it shall enforce such rules and regulations within the regulatory jurisdiction of such municipality or county. Whenever the rules and regulations of any municipality or county are deemed by the director not to be in substantial conformance with the state erosion and sediment control program, the municipality or county may either amend such rules and regulations to conform, adopt rules and regulations which are in conformance, or defer responsibility to adopt, administer, and enforce such rules and regulations to the appropriate district.
Source
Laws 1986, LB 474, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4607 - District; adoption or revision of rules and regulations; procedure; availability.

2-4607.
District; adoption or revision of rules and regulations; procedure; availability.
Before adopting or revising its rules and regulations, each district shall, after publishing notice once each week for three consecutive weeks in a newspaper or newspapers having general circulation within the district, conduct a public hearing on the proposed rules and regulations or changes. The rules and regulations of the district shall be made available for public inspection at the principal office of the district.
Source
Laws 1986, LB 474, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4609 - Filing of complaint; effect.

2-4609.
Filing of complaint; effect.
The filing of a complaint shall not preclude the complainant from pursuing any other remedy available to the complainant under the Erosion and Sediment Control Act, other law, or equity.
Source
Laws 1986, LB 474, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4610 - Conformance with farm unit conservation plan or soil-loss tolerance level; effect; cost-sharing assistance; availability; lack of cost-sharing assistance; effect.

2-4610.
Conformance with farm unit conservation plan or soil-loss tolerance level; effect; cost-sharing assistance; availability; lack of cost-sharing assistance; effect.
(1) Any person owning or operating private agricultural, horticultural, or silvicultural lands who has a farm unit conservation plan approved by the district and is implementing and maintaining the plan in strict compliance with a conservation agreement or any person whose normal agricultural, horticultural, and silvicultural practices are in conformance with the applicable soil-loss tolerance level shall, for purposes of such land, be deemed to be in compliance with the requirements of the Erosion and Sediment Control Act and any approved erosion and sediment control program.
(2) To prevent excess erosion and sediment from leaving the land due to any agricultural or nonagricultural land-disturbing activity, cost-sharing assistance may be available from any district. Such assistance may be used for any erosion or sediment control practice. The lack of available cost-sharing assistance does not offset the requirement that the owner and, if appropriate, the operator of such land comply with the terms of an approved plan of compliance or an administrative order.
Source
Laws 1986, LB 474, § 10;
Laws 1988, LB 594, § 4;
Laws 1994, LB 480, § 24;
Laws 2015, LB206, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4611 - Administrative order; appeal.

2-4611.
Administrative order; appeal.
Any owner or operator served with an administrative order of a district may, within thirty days after service of the administrative order, appeal to the district court in the county in which a majority of the land is located. The appeal shall be de novo and shall be conducted in accordance with section 2-4613.
Source
Laws 1986, LB 474, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4612 - Order for immediate compliance; when authorized.

2-4612.
Order for immediate compliance; when authorized.
The district shall petition the district court for a court order requiring immediate compliance with an administrative order previously issued by the district if:
(1) The work necessary to comply with the administrative order is not commenced on or before the date specified in such order or in any supplementary orders subsequently issued unless, in the judgment of the district, the failure to commence or complete the work as required by the administrative order is due to factors beyond the control of the person to whom such order is directed and the person can be relied upon to commence and complete the necessary work at the earliest possible time;
(2) The work is not being performed with due diligence or is not satisfactorily completed by the date specified in the administrative order or the practices are not being operated, utilized, or maintained as required;
(3) The work is not of a type or quality specified by the district and, when completed, it will not or does not reduce soil erosion from such land below the soil-loss tolerance level or, to the extent excess erosion is permitted by the district for a nonagricultural land-disturbing activity, will not or does not prevent sediment resulting from such excess erosion from leaving the land involved; or
(4) The person to whom the administrative order is directed advises the district that he or she does not intend to commence or complete such work.
Source
Laws 1986, LB 474, § 12;
Laws 1988, LB 594, § 5;
Laws 2015, LB206, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4613 - District court action; procedures; order; appeal; failure to comply with order; effect.

2-4613.
District court action; procedures; order; appeal; failure to comply with order; effect.
In the district court action, the burden of proof shall be upon the district to show that soil erosion is occurring in excess of the applicable soil-loss tolerance level and that the landowner or operator has not established or maintained soil and water conservation practices or erosion or sediment control practices in compliance with the district's erosion and sediment control program. Upon receiving satisfactory proof, the court shall issue an order directing the owner or operator to comply with the administrative order previously issued by the district. The court may modify the administrative order if deemed necessary. Notice of the court order shall be given by either personal service or certified or registered mail to each person to whom the order is directed, who may, within thirty days from the date of the court order, appeal to the Court of Appeals. Any person who fails to comply with the court order issued within the time specified in such order, unless the order has been stayed pending an appeal, shall be deemed in contempt of court and punished accordingly.
Source
Laws 1986, LB 474, § 13;
Laws 1991, LB 732, § 10;
Laws 2015, LB206, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4801 - Act, how cited.

2-4801.
Act, how cited.
Sections 2-4801 to 2-4815 shall be known and may be cited as the Farm Mediation Act.
Source
Laws 1988, LB 664, § 1;
Laws 2009, LB101, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4802 - Terms, defined.

2-4802.
Terms, defined.
As used in the Farm Mediation Act, unless the context otherwise requires:
(1) Administrator means the Department of Agriculture or any other appropriate state agency designated by the Governor;
(2) Borrower means an individual, limited liability company, corporation, trust, cooperative, joint venture, or other entity entitled to contract who is engaged in farming or ranching, who derives more than fifty percent of his or her gross income from farming or ranching, and who holds an agricultural loan;
(3) Creditor means any individual, organization, cooperative, partnership, limited liability company, trust, or state or federally chartered corporation to whom an agricultural loan is owed;
(4) Farm mediation service means an entity with which the administrator contracts to conduct mediation and related services pursuant to the act;
(5) Mediation means a process by which the parties present, discuss, and explore practical and realistic alternatives to the resolution of a dispute; and
(6) Mediator means anyone responsible for and engaged in the performance of mediation pursuant to the act.
Source
Laws 1988, LB 664, § 2;
Laws 1993, LB 121, § 81;
Laws 1997, LB 200, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4804 - Financial, legal, and farm mediation services; contracts to provide.

2-4804.
Financial, legal, and farm mediation services; contracts to provide.
(1) Borrowers involved in mediation under the Farm Mediation Act shall be offered assistance, at no cost to borrowers, in the analysis of their business and personal financial situation. The administrator shall contract with one or more eligible persons to provide such assistance. A person shall be eligible to contract to provide services pursuant to this subsection if he or she has staff trained and experienced in farm and ranch financial analysis, is familiar with the unique aspects of production agriculture, is able to work effectively with borrowers and creditors, and demonstrates an ability to assist each borrower in developing alternatives and to evaluate such alternatives for potential viability.
(2) The administrator shall provide any available information regarding legal assistance programs for borrowers and may contract with one or more eligible persons to provide such assistance. A person shall be eligible to contract to provide services pursuant to this subsection if such assistance is provided by attorneys who are qualified in agricultural credit problems of borrowers.
(3) The administrator shall contract with one or more eligible persons to provide farm mediation services pursuant to the Farm Mediation Act. A person shall be eligible to contract to provide farm mediation services if he or she is qualified or provides agricultural mediation training of mediators to a level of expertise specified by the administrator and ensures that all mediation sessions are confidential.
(4) Any person contracting with the administrator to provide services pursuant to this section shall demonstrate an ability to perform high quality service for the least cost within the time limits established by the administrator.
(5) The contract or contracts entered into pursuant to this section may be terminated by either party upon written notice. Any person awarded a contract shall be designated as the contractor for the service area of the state set forth in such contract for the duration of the contract.
Source
Laws 1988, LB 664, § 4;
Laws 1997, LB 200, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4805 - Farm mediation service; advise borrower of assistance programs.

2-4805.
Farm mediation service; advise borrower of assistance programs.
After receiving a mediation request, the farm mediation service shall advise the borrower that financial and legal preparation assistance may be available. The farm mediation service shall provide any other available information regarding assistance programs to farmers.
Source
Laws 1988, LB 664, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4806 - Fees.

2-4806.
Fees.
The administrator shall adopt and promulgate rules and regulations setting appropriate fee guidelines for the services provided under the Farm Mediation Act, which fees shall not exceed actual costs and shall be borne equally by all parties, and setting forth any procedures or requirements necessary to implement the act. The rules and regulations shall provide that the fees shall be collected by the farm mediation service and retained by the farm mediation service to offset its costs and that the farm mediation service may require payment of the fees or a portion thereof prior to a mediation meeting. The administrator may adopt and promulgate rules and regulations that allow a separate fee schedule for mediation services that are not eligible for partial or full federal reimbursement.
Source
Laws 1988, LB 664, § 6;
Laws 2007, LB108, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4807 - Creditor; provide notification of availability of mediation; when.

2-4807.
Creditor; provide notification of availability of mediation; when.
(1) At least thirty days prior to the initiation of a proceeding on an agricultural debt in excess of forty thousand dollars, a creditor, except as provided in subsection (2) or (3) of this section, shall provide written notice directly to the borrower of the availability of mediation and the address and telephone number of the farm mediation service in the service area of the borrower.
(2) Subsection (1) of this section shall not apply to creditors subject to the federal Agricultural Credit Act of 1987 if such act and the rules and regulations adopted and promulgated thereunder require otherwise.
(3) Subsection (1) of this section shall not apply if a court of competent jurisdiction determines that the time delay required would cause the creditor to suffer irreparable harm because there are reasonable grounds to believe the borrower may dissipate or divert collateral.
Source
Laws 1988, LB 664, § 7.
Annotations
While creditors subject to this section are required to provide notice of the availability of mediation, participation in mediation is optional. First Nat. Bank North Platte v. Cardenas, 299 Neb. 497, 909 N.W.2d 79 (2018).
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4808 - Mediation; request; participants.

2-4808.
Mediation; request; participants.
(1) Any borrower or creditor may request mediation of any indebtedness incurred in relation to an agricultural loan by applying to the farm mediation service. Any party involved in an adverse decision from a United States Department of Agriculture agency may request mediation by applying to the farm mediation service. The farm mediation service may also accept disputes regarding division fences, including disputes referred by a court pursuant to section 34-112.02.
(2) The farm mediation service shall notify all the parties and, upon their consent, schedule a meeting with a mediator. The parties shall not be required to attend any mediation meetings under this section, and failure to attend any mediation meetings or to participate in mediation under this section shall not affect the rights of any party in any manner. Participation in mediation under this section shall not be a prerequisite or a bar to the institution of or prosecution of legal proceedings by any party.
Source
Laws 1988, LB 664, § 8;
Laws 1997, LB 200, § 3;
Laws 2007, LB108, § 2.
Annotations
While creditors subject to section 2-4807 are required to provide notice of the availability of mediation, participation in mediation is optional. First Nat. Bank North Platte v. Cardenas, 299 Neb. 497, 909 N.W.2d 79 (2018).
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4809 - Initial mediation meeting.

2-4809.
Initial mediation meeting.
After receiving a mediation request under section 2-4808, the farm mediation service shall send a mediation meeting notice to all the consenting parties setting a time and place for an initial mediation meeting between the parties and a mediator associated with the farm mediation service. Adequate preparation by all parties shall be advised by the farm mediation service prior to the mediation meeting. An initial mediation meeting shall be held within forty days after receiving the mediation request or as otherwise agreed by the parties.
Source
Laws 1988, LB 664, § 9;
Laws 1997, LB 200, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4810 - Mediation period; duration; continuation.

2-4810.
Mediation period; duration; continuation.
The farm mediation service shall conduct and conclude a mediation meeting during the mediation period which extends for sixty days after the farm mediation service receives the mediation request. If all parties consent, mediation may continue after the end of the mediation period. If any party elects not to participate in mediation, the farm mediation service shall so notify all parties.
Source
Laws 1988, LB 664, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4811 - Agreement; mediator; powers; enforcement.

2-4811.
Agreement; mediator; powers; enforcement.
If an agreement is reached between the parties, the mediator may (1) draft a written mediation agreement encompassing the agreement, (2) have it signed by the parties, and (3) file the agreement with the farm mediation service. Any party to the mediation agreement may enforce the agreement as a legal contract.
Source
Laws 1988, LB 664, § 11;
Laws 1997, LB 200, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4812 - Mediator; duties; confidentiality required.

2-4812.
Mediator; duties; confidentiality required.
(1) At the initial mediation meeting and any subsequent meetings, the mediator associated with the farm mediation service shall:
(a) Listen to every party desiring to be heard;
(b) Attempt to mediate between the parties;
(c) Allow for exploration of legitimate and fair interests of the parties; and
(d) Advise the parties as to the existence of any available assistance programs including financial preparation and legal assistance.
(2) All documents and data regarding the finances of borrowers and creditors or the involvement of parties in an adverse decision from a United States Department of Agriculture agency which are created, collected, and maintained by the farm mediation service shall not be public records and shall be held in strict confidence by the farm mediation service and all parties to the mediation. If all parties consent to disclosure, such information may be disclosed pursuant to the terms of the consent.
(3) No mediation shall commence until the mediator makes a statement to the effect of language contained in subsection (2) of this section. At the end of a mediation session, the mediator shall obtain a signed statement by all parties to the mediation agreeing to abide by the requirements of this section.
Source
Laws 1988, LB 664, § 12;
Laws 1997, LB 200, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4813 - Administrator; farm mediation service; promote services.

2-4813.
Administrator; farm mediation service; promote services.
The administrator and the farm mediation service shall make an extensive effort to educate borrowers and creditors and other eligible participants on the mediation process; financial, legal, and federal agricultural program issues; and the availability of farm mediation services.
Source
Laws 1988, LB 664, § 13;
Laws 1997, LB 200, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4814 - Applicability of act.

2-4814.
Applicability of act.
Except as otherwise provided in the Farm Mediation Act, nothing in the act shall be applicable to or shall affect any legal proceedings filed by any party in mediation.
Source
Laws 1988, LB 664, § 14;
Laws 1997, LB 200, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4901 - Climate Assessment Response Committee; created; members; expenses; meetings.

2-4901.
Climate Assessment Response Committee; created; members; expenses; meetings.
(1) The Climate Assessment Response Committee is hereby created. The office of the Governor shall be the lead agency and shall oversee the committee and its activities. The committee shall be composed of representatives appointed by the Governor with the approval of a majority of the Legislature from livestock producers, crop producers, the Nebraska Emergency Management Agency, and the Conservation and Survey Division and Cooperative Extension Service of the University of Nebraska. The Director of Agriculture or his or her designee, the chief executive officer of the Department of Health and Human Services or his or her designee, and the Director of Natural Resources or his or her designee shall be ex officio members of the committee. Representatives from the federal Consolidated Farm Service Agency and Federal Crop Insurance Corporation may also serve on the committee at the invitation of the Governor. The chairperson of the Committee on Agriculture of the Legislature and the chairperson of the Committee on Natural Resources of the Legislature shall be nonvoting, ex officio members of the committee. The Governor may appoint a member of the Governor's Policy Research Office and any other state agency representatives or invite any other federal agencies to name representatives as he or she deems necessary. The Governor shall appoint one of the Climate Assessment Response Committee members to serve as the chairperson of the committee. Committee members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
(2) The committee shall meet at least twice each year and shall meet more frequently (a) at the call of the chairperson, (b) upon request of a majority of the committee members, and (c) during periods of drought or other severe climate situations.
(3) The chairperson may establish subcommittees and may invite representatives of agencies other than those with members on the committee to serve on such subcommittees.
(4) Any funds for the activities of the committee and for other climate-related expenditures may be appropriated directly to the office of the Governor for contracting with other agencies or persons for tasks approved by the committee.
Source
Laws 1992, LB 274, § 1;
Laws 1996, LB 43, § 1;
Laws 1996, LB 1044, § 43;
Laws 1999, LB 403, § 5;
Laws 2000, LB 900, § 63;
Laws 2007, LB296, § 22;
Laws 2009, LB389, § 1;
Laws 2020, LB381, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4902 - Climate Assessment Response Committee; duties.

2-4902.
Climate Assessment Response Committee; duties.
The Climate Assessment Response Committee shall:
(1) Provide timely and systematic data collection, analysis, and dissemination of information about drought and other severe climate occurrences to the Governor and to other interested persons;
(2) Provide the Governor and other interested persons with information and advice relevant to requests for federal disaster declarations and to the use of funds and other types of assistance available to the state because of such declarations;
(3) Establish criteria for startup and shutdown of various assessment and response activities by state and federal agencies during drought and other climate-related emergencies;
(4) Provide an organizational structure that assures information flow and defines the duties and responsibilities of all agencies during times of drought and climate-related emergencies;
(5) Maintain a current inventory of state and federal agency responsibilities in assessing and responding to drought and other climate-related emergencies;
(6) Provide a mechanism for the improvement of methods of assessing impacts of drought on agriculture and industry;
(7) Provide such other coordination and communication among federal and state agencies as is deemed appropriate by such committee;
(8) Provide the Governor and other interested persons with information and research on the impacts of cyclical climate change in Nebraska, including impacts on physical, ecological, and economic areas, and attempt to anticipate the unintended consequences of climate adaptation and mitigation;
(9) Facilitate communication between stakeholders and the state about cyclical climate change impacts and response strategies;
(10) By December 1, 2014, provide a report on cyclical climate change in Nebraska to the Governor and electronically to the Legislature which includes key points, overarching recommendations, and options that emerge from other reports and recommendations submitted to the Climate Assessment Response Committee; and
(11) Perform such other climate-related assessment and response functions as are desired by the Governor.
Source
Laws 1992, LB 274, § 2;
Laws 2013, LB583, § 1;
Laws 2014, LB1008, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5001 - Legislative findings.

2-5001.
Legislative findings.
The Legislature finds that it is in the interest of the people of the state that the practice of aquaculture be encouraged in order to promote agricultural diversification, augment food supplies, expand employment opportunities, promote economic activity, increase stocks of fish and other aquatic life, protect and better use and manage the natural resources of the state, and provide other benefits to the state.
Source
Laws 1993, LB 830, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5002 - Terms, defined.

2-5002.
Terms, defined.
For purposes of sections 2-5002 to 2-5006:
(1) Aquaculture shall have the definition found in section 2-3804.01;
(2) Aquaculture facility shall mean any facility, structure, lake, pond, tank, or tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting live fish or viable gametes;
(3) Aquaculturist shall mean any individual, partnership, limited liability company, or corporation, other than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof;
(4) Aquatic disease shall mean any departure from a normal state of health of aquatic organisms caused by disease agents;
(5) Aquatic organism shall mean an individual member of any species of fish, mollusk, crustacean, aquatic reptile, aquatic amphibian, aquatic insect, or other aquatic invertebrate. Aquatic organism shall include the viable gametes, eggs or sperm, of an aquatic organism;
(6) Board shall mean the Nebraska Aquaculture Board;
(7) Commercial aquaculturist shall mean an aquaculturist engaged in the business of growing, selling, brokering, or processing live or viable aquatic organisms for commercial purposes;
(8) Commission shall mean the Game and Parks Commission;
(9) Cultured aquatic stock shall mean aquatic organisms raised from privately owned stocks and aquatic organisms lawfully acquired and held in private ownership until they become intermingled with wild aquatic organisms;
(10) Department shall mean the Department of Agriculture; and
(11) Director shall mean the Director of Agriculture.
Source
Laws 1993, LB 830, § 2;
Laws 1994, LB 884, § 9;
Laws 1994, LB 1165, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5003 - Nebraska Aquaculture Board; created; members; terms; expenses.

2-5003.
Nebraska Aquaculture Board; created; members; terms; expenses.
There is hereby created the Nebraska Aquaculture Board. The board shall consist of (1) one employee of the commission who is familiar with aquatic disease, appointed by the secretary of the commission, (2) one employee of the department appointed by the director, (3) three aquaculturists, appointed by the Governor, and (4) a representative of an industry or product which is related to or used in aquaculture, appointed by the Governor. The board shall elect from its members a chairperson. The terms of the members of the board shall be three years, except that the terms of the initial aquaculturist members of the board appointed by the Governor shall be staggered so that one member is appointed for a term of one year, one for a term of two years, and one for a term of three years, as determined by the Governor. Members appointed under subdivisions (3) and (4) of this section shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1993, LB 830, § 3;
Laws 1994, LB 1165, § 2;
Laws 1999, LB 405, § 1;
Laws 2011, LB334, § 2;
Laws 2020, LB381, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5005 - Board; proposed legislation.

2-5005.
Board; proposed legislation.
The board may consider and recommend to the Legislature appropriate legislation, including, but not limited to, legislation concerning the following:
(1) Fees to fund all direct and indirect costs of the administration and enforcement of the legislation;
(2) Standards applicable to products of cultured aquatic stock offered for sale;
(3) The establishment of standards for and certification of private aquaculture facilities which may include, but need not be limited to, standards for commercial aquaculturists with respect to sanitation, financial stability, disease control, and the movement of aquaculture products offered for sale;
(4) Procedures regarding granting, denying, suspending, or revoking an aquaculture facility permit and appeals processes relating thereto;
(5) Procedures and responsibilities for quarantine of aquaculture facilities upon the determination that a situation exists which threatens imminent danger to existing wild aquatic populations or to human health and safety and that no more reasonable means exist to control the situation including, but not limited to, controlling unwanted aquatic species and procedures for controlling aquatic infectious diseases that may affect wild aquatic or cultured aquatic stock;
(6) Procedures for contracting services of any specialist in this state or in any other state or with any other government agency, through intergovernmental agreement, contract, or memorandum of understanding, to implement and enforce the legislation;
(7) Penalties for violations of the aquaculture plan developed by the board;
(8) The evaluation and consideration of which terms of the aquaculture industry need further definition as well as an evaluation of the impact of such legislation;
(9) Barriers to entry in the business of aquaculture and ways to reduce or eliminate such barriers which may include an evaluation of tax exemptions and education; and
(10) The interrelationship between the department in promotion of and the commission in the regulation of cultured aquatic stock.
Source
Laws 1993, LB 830, § 5;
Laws 1994, LB 1165, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5006 - Board; duties.

2-5006.
Board; duties.
The board shall:
(1) Advise the commission, the department, and the University of Nebraska Institute of Agriculture and Natural Resources on current and future regulations and issues which may enhance the development of the aquaculture industry;
(2) Conduct public meetings for the purpose of addressing current issues affecting aquaculture, as well as obtaining feedback from the commercial aquaculturists;
(3) Join in consultation with the commission and department on all matters pertaining to commercial aquaculturists and aquaculture, including the importation of nonindigenous species into Nebraska for commercial use; and
(4) Review any orders of the commission for the quarantine or destruction of aquatic organisms which are affected with prohibited pathogens. The board may make recommendations to the commission regarding such orders.
Source
Laws 1994, LB 1165, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5102 - Legislative findings.

2-5102.
Legislative findings.
The Legislature finds and declares that:
(1) Buffer strips help to reduce the levels of sediment, crop nutrient, pesticides, and other chemicals introduced into surface water resources; and
(2) Both wildlife and people benefit as a result of improved water quality.
Source
Laws 1998, LB 1126, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5103 - Terms, defined.

2-5103.
Terms, defined.
For purposes of the Buffer Strip Act:
(1) Buffer strip means a strip of vegetation used to intercept or trap field sediment, organics, pesticides, and other potential pollutants before they reach surface water;
(2) Department means the Department of Agriculture;
(3) District means a natural resources district; and
(4) Person means any individual, partnership, firm, corporation, company, society, or association, the state or any department, agency, or subdivision thereof, or any other public or private entity.
Source
Laws 1998, LB 1126, § 3;
Laws 2000, LB 1135, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5106 - Buffer Strip Incentive Fund; created; use; investment.

2-5106.
Buffer Strip Incentive Fund; created; use; investment.
The Buffer Strip Incentive Fund is created. Proceeds raised from fees imposed for the registration of pesticides and earmarked for the fund pursuant to section 2-2634, proceeds raised from federal grants earmarked for the fund, and any proceeds raised from public or private donations made to the fund shall be remitted to the State Treasurer for credit to the fund. The fund shall be administered by the department to maintain the buffer strip program and for expenses directly related to the program, including necessary expenses of the department in carrying out its duties and responsibilities under the Buffer Strip Act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The annual cost of administering the buffer strip program shall not exceed ten percent of the total annual proceeds credited to the Buffer Strip Incentive Fund. Such administrative costs shall include funds allocated by the department to the districts for their administrative costs. 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 1998, LB 1126, § 6;
Laws 2009, LB98, § 5;
Laws 2009, First Spec. Sess., LB3, § 6.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5107 - Buffer strip; creation; application for reimbursement; procedure; district; duties.

2-5107.
Buffer strip; creation; application for reimbursement; procedure; district; duties.
(1) Any person who desires to create a buffer strip adjacent to surface water on his or her property may submit an application for buffer strip reimbursement to the district. The application shall include the location of the proposed buffer strip and the total number of acres to be included in the proposed buffer strip. If the person will receive any money from any other source for use of the land proposed for the buffer strip, the application shall include the identity of the source or sources, the amount of money to be received, and the length of time the money will be received.
(2) All applications for buffer strip reimbursement under the Buffer Strip Act shall be submitted by a date established by rules and regulations adopted and promulgated pursuant to section 2-5111.
(3) Upon receipt of an application for buffer strip reimbursement, the district shall review the application for compliance with the requirements set forth in the rules and regulations adopted and promulgated pursuant to section 2-5111.
(4) If the district determines that the application is not in compliance with the requirements established by the department, the district shall inform the applicant of the deficiencies in the plan and, if feasible, recommend an alternate plan which complies with the rules and regulations of the department. The applicant may then submit a new application consistent with the recommendation of the district.
(5) If the district determines that the application is in compliance with the standards established by the department, the district shall forward the application to the department. The application shall include a written evaluation of the applicant's compliance with the requirements set forth in rules and regulations adopted and promulgated pursuant to section 2-5111.
Source
Laws 1998, LB 1126, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5108 - Buffer strip reimbursement; department; duties.

2-5108.
Buffer strip reimbursement; department; duties.
(1) Upon receipt of the application for buffer strip reimbursement, the department shall review the application for compliance with the rules and regulations adopted and promulgated pursuant to section 2-5111.
(2) If the department determines that the application is not in compliance with the rules and regulations adopted and promulgated pursuant to section 2-5111, the department shall inform the district of the deficiencies. The district shall then inform the applicant of the deficiencies and allow the applicant to submit a new application.
(3) The department shall determine which applications are in compliance with the rules and regulations adopted and promulgated under section 2-5111 and shall compile a list of all such applications according to the factors set forth in the rules and regulations. From such prioritized list, and based upon the amount of funds available, the department shall notify the districts which applications are approved. Funds approved by the department for buffer strip reimbursement shall only be for buffer strips created after January 1, 1996. The total amount of funds available for all new and existing agreements shall not exceed the projected available cash balance of the Buffer Strip Incentive Fund for the entire term of the agreements.
Source
Laws 1998, LB 1126, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5109 - Contractual agreement; terms; payments; renewal.

2-5109.
Contractual agreement; terms; payments; renewal.
(1) Upon approval of an application by the district and the department, the district shall enter into a contractual agreement with the applicant for the land included in the buffer strip. The agreement shall include a provision that the applicant shall maintain the buffer strip in accordance with the approved plan during the term of the rental agreement. The agreement may also include a provision that the applicant shall not apply specified fertilizers on buffered fields between designated dates. Failure to maintain the buffer strip in accordance with the plan shall be cause for all future payments under the agreement to be forfeited and shall be cause for the recovery by the department of any payments previously made. Upon submission of a copy of the agreement to the department, it shall authorize the State Treasurer to transfer funds to the district from the Buffer Strip Incentive Fund in an amount equal to the total amount of funds due for the agreement in that district that year. Such transfer shall be made as soon as funds are available.
(2) If the applicant does not receive reimbursement from any other source for the land included in the buffer strip, the district shall pay the applicant annually an amount not to exceed two hundred fifty dollars per acre or fraction thereof included in the buffer strip.
(3) If the applicant receives reimbursement from any other source for the land included in the buffer strip, the district shall pay the applicant annually an amount not to exceed two hundred fifty dollars per acre included in the buffer strip, minus the amount of the other reimbursement.
(4) The actual amount of any payment made to an applicant under subsection (2) or (3) of this section shall be determined by the district using the sliding scale provided in rules and regulations adopted and promulgated pursuant to section 2-5111. Such amount shall be included as part of the application submitted to the department.
(5) Contractual agreements pursuant to this section shall be for a minimum term of five years and a maximum term of ten years.
(6) Following the expiration of any contractual agreement pursuant to this section, the applicant may apply to renew the agreement. Any application for renewal of an agreement shall be made in accordance with sections 2-5107 to 2-5109 and shall be considered with any new applications.
Source
Laws 1998, LB 1126, § 9;
Laws 2008, LB790, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5110 - Contractual agreements; compliance; effect.

2-5110.
Contractual agreements; compliance; effect.
Each district shall take reasonable steps to ensure that contractual agreements pursuant to section 2-5109 are complied with by the applicant. The department shall adequately reimburse the districts for the costs of such purposes. If the applicant does not comply with the terms of the agreement, the district shall discontinue any payments to the applicant.
Source
Laws 1998, LB 1126, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5111 - Rules and regulations; department; powers and duties.

2-5111.
Rules and regulations; department; powers and duties.
The department shall adopt and promulgate such rules and regulations as are necessary for the enforcement and administration of the Buffer Strip Act. The rules and regulations shall include, but not be limited to, rules and regulations providing for:
(1) Types of vegetation suitable for buffer strips;
(2) Appropriate width of buffer strips;
(3) Types of surface water appropriate for protection by buffer strips;
(4) Soil types and classifications appropriate for protection by buffer strips;
(5) A sliding scale, based on land value and potential environmental benefit, to determine the amount to be paid as payment under the act for the buffer strip;
(6) An index to rank those applications that meet the technical requirements of the act to determine priority of funding. Such index shall, at a minimum, identify the factors that will be considered in scoring an application and assign a numerical value for each of those factors. In addition to those items listed in subdivisions (1) to (5) of this section, such factors shall also include an evaluation of each application for the water quality benefits from reduced soil erosion and runoff, the on-farm benefits of reduced soil erosion, and the cost per acre of an application. Priority may be given to those applications which create buffer strips at the lowest possible cost, assuming environmental protection benefits are equal in other respects;
(7) The minimum requirements necessary for any contractual agreement entered into between a district and applicant;
(8) A project map of the buffer strip program created by the Buffer Strip Act showing the location of buffer strips in each watershed; and
(9) Any other rule and regulation deemed appropriate for implementation of the Buffer Strip Act.
Source
Laws 1998, LB 1126, § 11.