reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-310 - Rules and regulations; real and personal property; prohibited acts; violation; penalty.

37-310.
Rules and regulations; real and personal property; prohibited acts; violation; penalty.
(1) The commission may adopt and promulgate rules and regulations relating to the protection, use, or removal of any public real or personal property on any area under its ownership or control and may regulate or prohibit the construction or installation of any privately owned structure on such area. The commission may close all or any portion of any area under its ownership or control to any form of public use or access with the erection of proper signs, without the enactment of formal written regulations. Any person who, without the permission of the commission, constructs or installs any privately owned structure or who uses or removes any public real or personal property, on any area under the ownership or control of the commission, or who enters or remains upon all or any portion of any area under the ownership or control of the commission, where proper signs or public notices prohibiting the same have been erected or displayed, shall be guilty of a Class V misdemeanor.
(2) Any person who abandons any motor vehicle, trailer, or other conveyance in any area under the ownership or control of the commission shall be guilty of a Class V misdemeanor.
Source
Laws 1998, LB 922, § 68.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-311 - Rules and regulations; vendors; violation; penalty.

37-311.
Rules and regulations; vendors; violation; penalty.
The commission may adopt and promulgate rules and regulations permitting the sale, trade, or vending of any goods, products, or commodities of any type in any area under its ownership or control. Any person who sells, trades, or vends any goods, products, or commodities of any type in any area under the ownership or control of the commission without having received the prior permission of the commission for such activity shall be guilty of a Class V misdemeanor.
Source
Laws 1998, LB 922, § 69.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-312 - Commission permission; procedure.

37-312.
Commission permission; procedure.
When the permission of the commission is required as a prerequisite to any activity set out in sections 37-305 to 37-313, such permission shall be established by resolution of the commission. The resolution may set out the circumstances under which the supervisor or managing official in charge of any area under the ownership or control of the commission may give such permission in emergency situations, and such resolution may further provide for the revocation of such permission by the secretary of the commission or by the supervisor or managing official of any area under the ownership and control of the commission.
Source
Laws 1998, LB 922, § 70.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-313 - Rules and regulations; traffic; violation; penalty.

37-313.
Rules and regulations; traffic; violation; penalty.
The commission, with regard to roads on any area under its ownership or control, may adopt and promulgate such rules and regulations deemed necessary as authorized by sections 60-680 and 60-6,190. Any person guilty of a violation of the rules and regulations established under the authority of sections 60-680 and 60-6,190 shall be guilty of a Class V misdemeanor.
Source
Laws 1998, LB 922, § 71.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-316 - Rules and regulations; special permits; fish-related activities.

37-316.
Rules and regulations; special permits; fish-related activities.
The commission shall adopt and promulgate rules and regulations which include (1) provisions for scientific, educational, or private wildlife management purposes as provided in section 37-418, (2) provisions for commercial fishing as provided in sections 37-4,104 and 37-543, (3) provisions for bait dealers as provided in section 37-4,105, and (4) provisions for aquaculturists as provided in section 37-468.
Source
Laws 1993, LB 830, § 14;
Laws 1994, LB 1165, § 7;
R.S.Supp.,1996, § 37-111;
Laws 1998, LB 922, § 74;
Laws 2001, LB 130, § 1.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-317 - Commission; disseminate information and promotional materials.

37-317.
Commission; disseminate information and promotional materials.
The commission may disseminate information and promotional materials regarding the state park system and the wildlife resources of the state in order to inform the public of the outdoor recreation opportunities to be found in Nebraska.
Source
Laws 1998, LB 922, § 75;
Laws 2020, LB287, § 5.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-318 - Free fishing day; commission; powers and duties.

37-318.
Free fishing day; commission; powers and duties.
(1) To promote an interest in fishing and to create an awareness of Nebraska's lakes, rivers, streams, ponds, and parks, a day between March 15 and October 15, to be determined by the commission, shall be recognized as free fishing day. On this day, Nebraska residents and nonresidents may enjoy the privilege of fishing without the purchase of a fishing permit, except that any fishing done under the authority of a special daily fishing permit under section 37-422 still requires the purchase of such permit.
(2) No motor vehicle entry permit or fee will be required for entry into a permit area as defined in section 37-435 on free fishing day.
(3) Nothing in this section shall affect the applicability of statutes and regulations other than the permit requirements referred to in this section.
(4) The commission may adopt and promulgate rules and regulations necessary to carry out this section.
Source
Laws 1996, LB 923, § 1;
R.S.Supp.,1996, § 37-311;
Laws 1998, LB 922, § 76.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-319 - Lake, pond, or stream closed to fishing; notice.

37-319.
Lake, pond, or stream closed to fishing; notice.
If the commission desires to close to the taking of fish by any means, any lake, pond, or stream or designated portion thereof frequented by fish, or any lake, pond, or stream or designated portion thereof which it has stocked with fish, it shall cause notice thereof to be posted in at least two places on such lake, pond, or stream. Such notice shall designate as nearly as practicable the lake, pond, or stream or designated portion to be closed and shall state that on and after a date stated in the notice it shall be unlawful to take fish in such lake, pond, or stream.
Source
Laws 1929, c. 112, IV, § 5, p. 422;
C.S.1929, § 37-405;
Laws 1933, c. 70, § 1, p. 309;
Laws 1941, c. 72, § 5, p. 303;
C.S.Supp.,1941, § 37-405;
R.S.1943, § 37-405;
Laws 1957, c. 139, § 11, p. 470;
R.S.1943, (1993), § 37-405;
Laws 1998, LB 922, § 77.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-320 - Fish; propagation; stocking; removal by authority of commission; sale; proceeds.

37-320.
Fish; propagation; stocking; removal by authority of commission; sale; proceeds.
The commission may take or authorize the taking of, at any time and in any manner, any fish or spawn belonging to the state for the purpose of propagation or stocking other waters or exchanging with the fish commissioner of other states or of the United States and may engage in the purchase, sale, and use of fish or fish eggs for stocking waters in this state. The proceeds of all sales of such fish, spawn, or eggs shall be paid into the State Game Fund.
Source
Laws 1929, c. 112, V, § 9, p. 429;
C.S.1929, § 37-509;
R.S.1943, § 37-509;
Laws 1959, c. 150, § 8, p. 574;
Laws 1989, LB 34, § 32;
R.S.1943, (1993), § 37-509;
Laws 1998, LB 922, § 78.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-321 - Fish; emergency created by drying up of waters; permission to take by any means; order; violation; penalty.

37-321.
Fish; emergency created by drying up of waters; permission to take by any means; order; violation; penalty.
The secretary of the commission may, by order, authorize the taking of fish by any means and in any number whenever the secretary determines, pursuant to standards imposed by rules and regulations adopted and promulgated by the commission, that such action is necessary for proper fish management as a result of an emergency created by the drying up of any waters inhabited by fish. Such determination shall specify the waters in which such emergency action is desirable, and the authorization so granted shall extend to such waters and to no others. The taking of any fish in violation of this section shall be a Class V misdemeanor.
Source
Laws 1961, c. 174, § 7, p. 521;
Laws 1977, LB 40, § 189;
R.S.1943, (1993), § 37-503.06;
Laws 1998, LB 922, § 79;
Laws 2013, LB499, § 3.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-322 - Nongame fish; removal by commission; game fish; return to water alive.

37-322.
Nongame fish; removal by commission; game fish; return to water alive.
In water where nongame fish abound, the commission may remove or cause to be removed by written agreement such nongame fish for fish management purposes and may sell such nongame fish. The proceeds from such sales shall be paid into the State Game Fund. Game fish protected by the Game Law, taken by such methods, shall be immediately returned alive and with as little injury as possible to the waters from which they were taken.
Source
Laws 1929, c. 112, V, § 4, p. 427;
C.S.1929, § 37-504;
R.S.1943, § 37-504;
Laws 1967, c. 216, § 11, p. 587;
Laws 1989, LB 34, § 27;
R.S.1943, (1993), § 37-504;
Laws 1998, LB 922, § 80.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-323 - State Game Fund; created; investment; deposits by commission secretary; withholding funds; liability; penalty.

37-323.
State Game Fund; created; investment; deposits by commission secretary; withholding funds; liability; penalty.
The secretary of the commission shall remit to the State Treasurer all tax money and other funds received by him or her and shall take the receipt of the treasurer therefor. The State Treasurer shall credit such funds to the State Game Fund except as otherwise provided in the Game Law.
The State Game Fund is created. Any money in the State Game 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.
County clerks, other county officials, and the secretary of the commission shall be liable upon their official bonds for failure to pay over any of such funds coming into their hands. Any other agent who receives permit fees under the Game Law or the rules and regulations of the commission and who fails to remit the fees to the commission within a reasonable time after demand by the commission shall be liable to the commission in damages for double the amount of the funds wrongfully withheld. Any agent who purposefully fails to remit such fees with the intention of converting them is guilty of theft. The penalty for such violation shall be determined by the amount converted as specified in section 28-518.
Source
Laws 1929, c. 112, II, § 6, p. 410;
C.S.1929, § 37-206;
R.S.1943, § 37-206;
Laws 1959, c. 152, § 1, p. 577;
Laws 1969, c. 584, § 38, p. 2367;
Laws 1989, LB 34, § 7;
Laws 1994, LB 1066, § 22;
R.S.Supp.,1996, § 37-206;
Laws 1998, LB 922, § 81;
Laws 1999, LB 176, § 15.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-324 - Funds from permits and publications; placed in the State Game Fund; how used.

37-324.
Funds from permits and publications; placed in the State Game Fund; how used.
(1) The funds derived from the sale of permits and publications as provided in the Game Law, any unexpended balance now on hand from the sale of hunting, fur-harvesting, and fishing permits, and all money required by the Game Law to be paid into the State Game Fund are hereby appropriated to the use of the commission (a) for the propagation, importation, protection, preservation, and distribution of game and fish and necessary equipment therefor and all things pertaining thereto, (b) for the creation of cash funds under section 37-326, (c) for the administration and enforcement of the State Boat Act, (d) for boating safety educational programs, (e) for the construction and maintenance of boating and docking facilities, navigation aids, and access to boating areas and such other uses which will promote the safety and convenience of the boating public in Nebraska, (f) for payment of claims by landowners in Nebraska for property damage caused by deer, antelope, or elk, if such payment is in compliance with federal laws and regulations, and (g) for publishing costs for publications relating to topics listed in subdivisions (a) and (b) of this subsection and other topics of general interest to the state as approved by the commission. An amount equal to two dollars from each annual resident fishing permit and two dollars from each combination hunting and fishing permit sold in this state shall be used by the commission for the administration, construction, operation, and maintenance of fish hatcheries and for the distribution of fish.
(2) Expenditures for publications on topics of general interest to the state shall not exceed the income derived from single-copy and subscription sales of commission publications and advertising revenue from such publications.
Source
Laws 1929, c. 112, II, § 12, p. 412;
C.S.1929, § 37-212;
Laws 1935, c. 82, § 1, p. 271;
Laws 1943, c. 94, § 4, p. 324;
R.S.1943, § 37-212;
Laws 1959, c. 153, § 1, p. 579;
Laws 1965, c. 196, § 1, p. 596;
Laws 1976, LB 717, § 1;
Laws 1981, LB 72, § 7;
Laws 1987, LB 105, § 3;
Laws 1987, LB 785, § 1;
Laws 1989, LB 34, § 10;
R.S.1943, (1993), § 37-212;
Laws 1998, LB 922, § 82;
Laws 2003, LB 305, § 2;
Laws 2023, LB818, § 8.
Effective Date: May 25, 2023
Cross References
State Boat Act, see section 37-1201.
Annotations
Section sustained as constitutional since license fees are imposed by the state itself. Wilcox v. Havekost, 144 Neb. 562, 13 N.W.2d 899 (1944).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-325 - Commission; funds; how expended.

37-325.
Commission; funds; how expended.
All funds expended by the commission shall be paid by the State Treasurer upon warrants drawn by the Director of Administrative Services on vouchers signed by the secretary. No such vouchers shall be issued except upon accounts authorized by the commission in open meeting, except that vouchers for mileage or other traveling expense shall be allowed as provided in sections 81-1174 to 81-1177. The commission shall at the first regular meeting audit all expenditures made since its last regular meeting.
Source
Laws 1929, c. 113, § 12, p. 447;
C.S.1929, § 81-6512;
Laws 1935, c. 174, § 9, p. 644;
Laws 1941, c. 180, § 8, p. 705;
C.S.Supp.,1941, § 81-6512;
R.S.1943, § 81-814;
Laws 1981, LB 204, § 174;
R.S.1943, (1996), § 81-814;
Laws 1998, LB 922, § 83.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-326 - Commission; establish change cash funds; use; how funded; amount; monthly accounting.

37-326.
Commission; establish change cash funds; use; how funded; amount; monthly accounting.
(1) The commission may establish change cash funds for use at any of the following locations:
(a) Staffed state parks;
(b) Staffed state recreation areas;
(c) Staffed state historical parks;
(d) Staffed state wildlife management areas; and
(e) Administrative offices of the commission.
(2) Money for the change cash funds shall be taken from the State Game Fund or the State Park Cash Revolving Fund.
(3) The amount of each change cash fund shall be determined by the commission based upon need at each location. At no location shall the sum of money to be used as a change cash fund exceed fifteen thousand dollars.
(4) Personnel at each location where a change cash fund has been established shall make a monthly accounting of such fund to the commission. The commission shall make a monthly accounting of all change cash funds to the State Treasurer.
Source
Laws 1976, LB 717, § 3;
Laws 1978, LB 613, § 1;
Laws 1983, LB 163, § 1;
Laws 1983, LB 610, § 1;
Laws 1989, LB 185, § 1;
Laws 1995, LB 48, § 1;
R.S.1943, (1996), § 81-814.01;
Laws 1998, LB 922, § 84;
Laws 2003, LB 305, § 3.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-327 - Commission; fees; duty to establish; limit on increase.

37-327.
Commission; fees; duty to establish; limit on increase.
(1) The commission shall establish fees for licenses, permits, stamps, bands, registrations, and certificates issued under the Game Law and the State Boat Act as provided in the Game Law and State Boat Act. The commission shall not increase any fee more than six percent per year, except that if a fee has not been increased by such percentage in the immediately preceding two years, the difference between a six percent increase and the actual percentage increase in such preceding two years may be added to the percentage increase in the following year. Such fees shall be collected and disposed of as provided in the Game Law and State Boat Act. The commission shall, as provided in the Game Law and State Boat Act, establish issuance fees to be retained by authorized agents issuing such licenses, permits, stamps, bands, registrations, and certificates. The commission shall establish such fees by the adoption and promulgation of rules and regulations.
(2) Prior to establishing any fee, the commission shall, at least thirty days prior to the hearing required in section 84-907, make the following information available for public review:
(a) The commission's policy on the minimum cash balance to be maintained in the fund in which the revenue from the fee being established is deposited and the justification in support of such policy;
(b) Monthly estimates of cash fund revenue, expenditures, and ending balances for the current fiscal year and the following two fiscal years for the fund in which the revenue from the fee being established is deposited. Estimates shall be prepared for both the current fee schedule and the proposed fee schedule; and
(c) A statement of the reasons for establishing the fee at the proposed level.
(3) The commission may adopt and promulgate rules and regulations to establish fees for expired licenses, permits, stamps, bands, registrations, and certificates issued under the Game Law and the State Boat Act. The commission shall collect the fees and remit them to the State Treasurer for credit to the State Game Fund.
Source
Laws 1993, LB 235, § 1;
R.S.1943, (1996), § 81-814.02;
Laws 1998, LB 922, § 85;
Laws 1999, LB 176, § 16;
Laws 2009, LB105, § 4;
Laws 2011, LB41, § 2;
Laws 2016, LB745, § 1.
Cross References
State Boat Act, see section 37-1201.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-327.01 - Game Law Investigation Cash Fund; created; use; investment; record-keeping duties.

37-327.01.
Game Law Investigation Cash Fund; created; use; investment; record-keeping duties.
(1) The Game Law Investigation Cash Fund is created. The commission shall use the fund for the purpose of obtaining evidence for enforcement of the Game Law. The fund shall be funded through revenue collected under the Game Law and budgeted or allocated to the fund by the commission, and through donations from persons, wildlife groups, and other charitable sources. 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.
(2) For the purpose of establishing and maintaining legislative oversight and accountability, the commission shall formulate record-keeping procedures for all expenditures, disbursements, and transfers of cash from the Game Law Investigation Cash Fund. Based on these record-keeping procedures, the commission shall prepare and deliver electronically to the Clerk of the Legislature by September 15 of each year a detailed report of the previous fiscal year which includes, but is not limited to: (a) The June 30 balance in the Game Law Investigation Cash Fund and the amounts delivered to the commission for distribution to agents and informants; (b) the total amount of expenditures; (c) the purpose of the expenditures including: (i) Salaries and any expenses of all agents and informants; (ii) front money for wildlife purchases; (iii) type of wildlife and amount purchased; and (iv) amount of front money recovered; (d) the total number of informants on payroll; and (e) the results procured through such transactions. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the secretary of the commission.
(3) The commission shall adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2000, LB 788, § 1;
Laws 2012, LB782, § 35.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-327.02 - Game and Parks Commission Capital Maintenance Fund; created; use; investment; projects; report.

37-327.02.
Game and Parks Commission Capital Maintenance Fund; created; use; investment; projects; report.
(1) The Game and Parks Commission Capital Maintenance Fund is created. The fund shall consist of money credited to the fund pursuant to section 77-27,132, transfers authorized by the Legislature, and any gifts, grants, bequests, or donations to the fund. The fund shall be administered by the commission and shall be used to build, repair, renovate, rehabilitate, restore, modify, or improve any infrastructure within the statutory authority and administration of the commission. 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.
(2) On or before December 1, 2021, and on or before December 1 of each year thereafter through 2027, the commission shall electronically submit a report to the Clerk of the Legislature and the Revenue Committee of the Legislature. The report shall include (a) a list of each project that received funding from the Game and Parks Commission Capital Maintenance Fund under subsection (1) of this section during the most recently completed fiscal year and (b) a list of projects that will receive such funding during the current fiscal year.
(3) Transfers may be made from the Game and Parks Commission Capital Maintenance Fund to the General Fund at the direction of the Legislature through June 30, 2019. The State Treasurer shall transfer four million five hundred thousand dollars from the Game and Parks Commission Capital Maintenance Fund to the General Fund between June 1, 2018, and June 30, 2018, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services. The State Treasurer shall transfer eight million five hundred thousand dollars from the Game and Parks Commission Capital Maintenance Fund to the General Fund between June 1, 2019, and June 30, 2019, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services.
Source
Laws 2014, LB814, § 2;
Laws 2017, LB331, § 22;
Laws 2018, LB945, § 10;
Laws 2021, LB595, § 1.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-327.03 - Game and Parks State Park Improvement and Maintenance Fund; created; use; investment.

37-327.03.
Game and Parks State Park Improvement and Maintenance Fund; created; use; investment.
The Game and Parks State Park Improvement and Maintenance Fund is created. The fund shall consist of transfers made by the Legislature, money credited to the fund pursuant to section 60-3,254, and any gifts, grants, bequests, or donations to the fund. The money credited to the fund pursuant to section 60-3,254 shall be used only for the improvement and maintenance of state recreational trails as defined in section 37-338. Any other money in the fund shall be used to build, repair, renovate, rehabilitate, restore, modify, or improve any infrastructure in the state park system. 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 2014, LB906, § 4;
Laws 2020, LB944, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-327.04 - Game and Parks Commission Educational Fund; created; use; investment.

37-327.04.
Game and Parks Commission Educational Fund; created; use; investment.
The Game and Parks Commission Educational Fund is created. The fund shall consist of money credited pursuant to section 60-3,227 and any other money as determined by the Legislature. The commission shall use the fund to provide youth education programs relating to wildlife conservation practices. 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 2016, LB474, § 2.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-328 - Commission; acquire site for headquarters; consent of Governor.

37-328.
Commission; acquire site for headquarters; consent of Governor.
The commission, with the consent of the Governor, may, out of funds appropriated for that purpose, acquire a site in Lincoln and erect thereon one or more buildings to serve the commission as a state headquarters.
Source
Laws 1965, c. 554, § 1, p. 1832;
R.S.1943, (1996), § 81-805.03;
Laws 1998, LB 922, § 86.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-329 - State park system; real estate; acquisition; eminent domain; consent of Legislature.

37-329.
State park system; real estate; acquisition; eminent domain; consent of Legislature.
With the consent of the Legislature, the commission is authorized and empowered to acquire, in the name of the State of Nebraska, real estate in this state of scenic, historic, recreational, or fish and wildlife management value or unique natural areas, or access thereto, by the use of eminent domain, as provided by sections 76-704 to 76-724.
Source
Laws 1959, c. 436, § 6, p. 1466;
Laws 1963, c. 515, § 1, p. 1631;
Laws 1965, c. 551, § 1, p. 1800;
Laws 1967, c. 587, § 1, p. 1985;
Laws 1971, LB 724, § 1;
Laws 1974, LB 794, § 1;
R.S.1943, (1996), § 81-815.26;
Laws 1998, LB 922, § 87.
Annotations
Section not unconstitutional as being a special or local law; title of bill amending this section not unconstitutional for failing to include restrictions on disposition of property so acquired; section contains adequate constitutional standards for use of eminent domain. Duerfeldt v. State, 184 Neb. 242, 166 N.W.2d 737 (1969).
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-330 - Commission; grant easements.

37-330.
Commission; grant easements.
The commission may grant easements across real estate under its control for purposes that are in the public interest and do not negate the primary purpose for which the real estate is owned or controlled by the commission.
Source
Laws 1998, LB 922, § 88.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-331 - Commission; land; exchange; when.

37-331.
Commission; land; exchange; when.
The commission is hereby authorized and empowered to exchange land owned by the commission for other lands when the acquisition of the other lands involved in the exchange would, in the opinion of the commission, provide greater utility or value to the commission and materially aid in the promulgation of the basic duties and purposes of the commission. Any such exchange shall be made on the basis of dollar-for-dollar appraised valuation.
Source
Laws 1959, c. 435, § 1, p. 1463;
R.S.1943, (1996), § 81-805.02;
Laws 1998, LB 922, § 89.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-332 - Acquisition of real estate by commission; bordering on lakes or artificial reservoirs; purpose.

37-332.
Acquisition of real estate by commission; bordering on lakes or artificial reservoirs; purpose.
The commission is authorized and empowered to acquire by gift, devise, or purchase real estate bordering on the shore of any lake or artificial reservoir constructed for the storage of water, for the purpose of developing public recreation areas and promoting the conservation of natural resources.
Source
Laws 1947, c. 141, § 1, p. 386;
R.S.1943, (1993), § 37-424;
Laws 1998, LB 922, § 90.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-333 - Meandered lakes; beds; dedication to public use; commission authorized to improve; jurisdiction.

37-333.
Meandered lakes; beds; dedication to public use; commission authorized to improve; jurisdiction.
Meandered lakes, the shore lines of which were meandered by government survey, and the beds thereof, are declared to be the property of the state for the benefit of the public, and the revenue therefrom and resources therein shall be subject to the Game Law and the rules and regulations of the commission relative thereto. The commission shall have authority to improve meandered lakes and to adopt and promulgate such rules and regulations as may be necessary to make proper use of the same. Nothing in this section shall be construed as claiming title in the State of Nebraska to any lake or stream or that portion of a lake or stream located upon lands to which patents have been issued by the United States to private individuals or persons.
Source
Laws 1929, c. 112, IV, § 11, p. 425;
C.S.1929, § 37-411;
R.S.1943, § 37-411;
Laws 1989, LB 34, § 24;
R.S.1943, (1993), § 37-411;
Laws 1998, LB 922, § 91.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-334 - Commission; participation with other public entities; wildlife habitats; expenditures authorized.

37-334.
Commission; participation with other public entities; wildlife habitats; expenditures authorized.
The commission may participate with the natural resources districts and other public agencies, pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act, for the acquisition on a willing-seller willing-buyer basis only, leasing, taking of easements, development, management, and enhancement of wildlife habitats. The commission may expend, transfer, or reimburse participants with money received from the sale of hunting and fishing permits and habitat stamps for such purposes under policies established by the commission. The commission may use money received pursuant to this section for the matching of federal funds under section 37-901.
Source
Laws 1976, LB 861, § 17;
R.S.1943, (1993), § 37-109;
Laws 1998, LB 922, § 92;
Laws 1999, LB 87, § 71.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-335 - Commission; wildlife management areas; payments in lieu of taxes; proportionate allocation.

37-335.
Commission; wildlife management areas; payments in lieu of taxes; proportionate allocation.
Commencing January 1, 1977, whenever the commission acquires title to private lands for wildlife management purposes, the commission shall annually make payments in lieu of taxes to the county treasurer of the county in which the land is located. Commencing January 1, 1997, the payments shall be the same as the real property taxes which would have been paid on the land if it were owned by a private owner. The value of the land shall be determined by the county assessor pursuant to sections 77-201 and 77-1301 to 77-1371 as if it were being used for the use it had immediately before acquisition by the commission excluding any improvements on the land either before or after its acquisition. The commission may protest the valuation of such land to the county board of equalization pursuant to section 77-1502 if the commission believes the land is not properly valued. The county board of equalization shall treat such protest in the same manner as any other protest pursuant to sections 77-1502 to 77-1509. The action of the county board of equalization on such protest may be appealed as provided in section 77-1510. The county treasurer shall allocate such payments to each taxing unit levying taxes on such property in the county in which the land has tax situs in the same proportion that the levy on the property of such taxing unit bears to the total levy on such real property of all the taxing units in which the property is taxed.
Source
Laws 1976, LB 861, § 18;
Laws 1996, LB 345, § 1;
R.S.Supp.,1996, § 37-110;
Laws 1998, LB 922, § 93;
Laws 2002, LB 994, § 4.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-336 - State wildlife management areas; commission; powers; fees; disposition of proceeds; violation; penalty.

37-336.
State wildlife management areas; commission; powers; fees; disposition of proceeds; violation; penalty.
(1) State wildlife management areas shall be administered by the commission but not as a part of the state park system nor with park funds.
(2) The commission may establish and collect reasonable fees for the use of operated facilities of a personal-service nature in state wildlife management areas, may in its sole discretion grant concessions in such areas for the provision of appropriate services to the public, may grant permits for certain land or other resource utilization commensurate with the purposes of this section, and may prescribe and collect appropriate fees or rentals therefor. The proceeds of all such fees, rentals, and other revenue from operated facilities, concessions, or permits shall be deposited in the State Game Fund.
(3) Any person violating this section or the regulations governing the public use or administration of a state wildlife management area shall be guilty of a Class III misdemeanor.
(4) For purposes of this section, state wildlife management areas means those areas which are primarily of public hunting, fishing, or other wildlife values, and which cannot logically be classified in one of the categories listed in subdivision (1), (2), or (3) of section 37-338, when so designated by the commission to be maintained from fish and game funds.
Source
Laws 1959, c. 436, § 12, p. 1467;
Laws 1978, LB 613, § 4;
R.S.1943, (1996), § 81-815.32;
Laws 1998, LB 922, § 94.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-337 - State park system; purpose.

37-337.
State park system; purpose.
The intent and purpose of sections 37-337 to 37-348 is to provide for the development and administration of a balanced state park system and to provide nonurban park areas for the inspiration, recreation, and enjoyment primarily of resident populations.
Source
Laws 1959, c. 436, § 1, p. 1464;
Laws 1983, LB 610, § 2;
R.S.1943, (1996), § 81-815.21;
Laws 1998, LB 922, § 95.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-338 - Terms, defined.

37-338.
Terms, defined.
For purposes of sections 37-337 to 37-348, unless the context otherwise requires:
(1) State parks means parks of substantial area with the primary value of significant statewide scenic, scientific, or historic interest and having a complete development potential and, when possible, a representative portion which can be retained in a natural or relatively undisturbed state;
(2) State recreation areas means (a) areas with a primary value for day use, but with secondary overnight-use facilities or potential, and which have reasonable expansion capability and are located in accordance with sound park management principles and (b) state recreational trails;
(3) State historical parks means only sites which, in the opinion of competent, recognized authorities, are of notable historical significance to the State of Nebraska, of a size adequate to develop the full interpretative potential of the site, and which may be equipped with limited day-use facilities when such facilities do not detract from nor interfere with the primary purposes and values thereof; and
(4) State recreational trails means linear corridors of statewide or regional significance, of value for nonmotorized recreational use, and which may be equipped with amenities and support facilities appropriate to their intended purpose.
Source
Laws 1959, c. 436, § 2, p. 1464;
Laws 1978, LB 613, § 2;
Laws 1983, LB 610, § 3;
Laws 1993, LB 235, § 49;
R.S.1943, (1996), § 81-815.22;
Laws 1998, LB 922, § 96.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-339 - State park system; established; areas included; administration.

37-339.
State park system; established; areas included; administration.
(1) The state park system hereby established shall consist of existing and acquired areas determined and designated by the commission as properly falling in one of the following classes: State parks, state recreation areas, and state historical parks.
(2) The commission shall be charged with the responsibility for the establishment and conduct of the state park system and all things pertaining thereto. The state park system shall be administered through a Division of State Parks hereby established within the commission to be headed by a division chief who has been selected for this purpose and who has an appropriate background in this field. The division chief shall be appointed by the commission and shall receive such salary as the commission shall determine.
Source
Laws 1959, c. 436, § 3, p. 1465;
Laws 1978, LB 613, § 3;
Laws 1983, LB 610, § 4;
R.S.1943, (1996), § 81-815.23;
Laws 1998, LB 922, § 97.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-340 - State park system; classification of areas.

37-340.
State park system; classification of areas.
The commission shall periodically evaluate and assess the state park system by classifications and may redesignate specific areas from one class to another.
Source
Laws 1959, c. 436, § 4, p. 1466;
R.S.1943, (1996), § 81-815.24;
Laws 1998, LB 922, § 98.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-341 - State park system; areas; designation.

37-341.
State park system; areas; designation.
All areas of the state park system shall be appropriately named and adequately designated by signs which shall be uniform in color and design, and of a type commensurate with the specific area. When applicable, state park names shall be indicative of the geography, history, or other natural features of the general area in which the park is located.
Source
Laws 1959, c. 436, § 5, p. 1466;
R.S.1943, (1996), § 81-815.25;
Laws 1998, LB 922, § 99.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-342 - Leases; lease-purchase agreements; commission; powers; restrictions.

37-342.
Leases; lease-purchase agreements; commission; powers; restrictions.
The commission may enter into long-term leases, lease-purchase agreements, or other agreements with private or governmental agencies for the control and use of real estate for state park system purposes. Except as authorized in section 37-907, the commission shall not provide a local governmental subdivision or agency thereof with an indication of intent to incorporate into the state park system any land or facilities owned or developed by such subdivision or agency unless the indication of intent is first approved by the Legislature. When seeking such approval, the commission shall provide the Legislature with the estimated fiscal impact of the incorporation, including the extent to which the costs of the incorporation can reasonably be expected to be paid from cash funds and the extent to which the costs will likely be required to be paid from General Fund appropriations.
Source
Laws 1959, c. 436, § 7, p. 1466;
Laws 1984, LB 967, § 1;
R.S.1943, (1996), § 81-815.27;
Laws 1998, LB 922, § 100.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-343 - Funds; use.

37-343.
Funds; use.
All funds made available by law, including funds already collected for state park purposes, shall be used only in the development and administration of the state park system.
Source
Laws 1959, c. 436, § 8, p. 1466;
R.S.1943, (1996), § 81-815.28;
Laws 1998, LB 922, § 101.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-344 - Rules and regulations; use by public.

37-344.
Rules and regulations; use by public.
The commission may permit the use of all or a part of the areas within the state park system by the public and is authorized to adopt, promulgate, and enforce rules and regulations pertaining to the use, care, and administration of the units of such a system.
Source
Laws 1959, c. 436, § 9, p. 1467;
R.S.1943, (1996), § 81-815.29;
Laws 1998, LB 922, § 102.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-345 - Fees; concessions; disposition; State Park Cash Revolving Fund; created; use; investment.

37-345.
Fees; concessions; disposition; State Park Cash Revolving Fund; created; use; investment.
(1) The commission may establish and collect reasonable fees for the use of state park-operated facilities of a personal-service nature, such as cabins, camps, swimming facilities, boats, and other equipment or services of a similar nature. The commission, in its sole discretion, may grant concessions in state park areas for the provisions of certain appropriate services to the public, may grant permits for certain land or other resource utilization commensurate with the purposes of sections 37-337 to 37-348, and may prescribe and collect appropriate fees or rentals therefor.
(2) The proceeds of all such fees, rentals, or other revenue from operated facilities, concessions, or permits shall be credited to the State Park Cash Revolving Fund, which fund is hereby created in the state treasury, and shall be used by the commission solely for the improvement, maintenance, and operation of the state parks. 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 1959, c. 436, § 10, p. 1467;
Laws 1969, c. 584, § 99, p. 2408;
Laws 1995, LB 7, § 103;
R.S.1943, (1996), § 81-815.30;
Laws 1998, LB 922, § 103.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-346 - Commission; state parks; use by public; concessions; length of term; fees.

37-346.
Commission; state parks; use by public; concessions; length of term; fees.
In its discretion, the commission may permit the use of state parks and recreation grounds, or any of them, by the public under such regulations as may be prescribed. It may, in like manner, grant concessions therein upon such rentals or fees and for such terms not exceeding twenty years, as it may deem advisable.
Source
Laws 1929, c. 113, § 6, p. 445;
C.S.1929, § 81-6506;
Laws 1935, c. 174, § 4, p. 641;
C.S.Supp.,1941, § 81-6506;
R.S.1943, § 81-812;
Laws 1961, c. 428, § 1, p. 1337;
R.S.1943, (1996), § 81-812;
Laws 1998, LB 922, § 104.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-347 - Commission; Nebraska State Historical Society; recreational trails; cooperative agreements.

37-347.
Commission; Nebraska State Historical Society; recreational trails; cooperative agreements.
(1) The commission is hereby authorized to enter into cooperative agreements with the Nebraska State Historical Society and other appropriate public agencies for the reconnaissance, development, and administration of state historical parks.
(2) The commission may enter into cooperative agreements with appropriate agencies or subdivisions or departments of government for the reconnaissance, development, and administration of state recreational trails.
Source
Laws 1959, c. 436, § 11, p. 1467;
Laws 1993, LB 235, § 50;
R.S.1943, (1996), § 81-815.31;
Laws 1998, LB 922, § 105.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-348 - State park system; violations; penalty.

37-348.
State park system; violations; penalty.
Any person violating sections 37-337 to 37-348 or the rules and regulations governing the public use or administration of a state park shall be guilty of a Class III misdemeanor.
Source
Laws 1959, c. 436, § 13, p. 1468;
Laws 1977, LB 39, § 295;
R.S.1943, (1996), § 81-815.33;
Laws 1998, LB 922, § 106.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-349 - State parks; use of name for trade purposes, prohibited; violation; penalty.

37-349.
State parks; use of name for trade purposes, prohibited; violation; penalty.
It shall be unlawful for any person, firm, or corporation carrying on within this state any business of whatever nature, conducted for profit, to adopt or use, as the name of the business, the name of any state park owned by the State of Nebraska. It shall further be unlawful for any person, firm, or corporation selling any commodity or service of any kind or nature whatever within this state to adopt or use, as a trade name, designation, or trademark of the commodity or service, the name of any state park owned by the State of Nebraska. The provisions of this section shall not prohibit or interfere in any way with the activities or powers of the commission. Any person, firm, or corporation which violates this section shall be guilty of a Class V misdemeanor.
Source
Laws 1927, c. 159, § 1, p. 422;
C.S.1929, § 81-6516;
R.S.1943, § 81-815;
Laws 1993, LB 235, § 48;
R.S.1943, (1996), § 81-815;
Laws 1998, LB 922, § 107.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-350 - Declaration of policy.

37-350.
Declaration of policy.
Whereas the areas of the state park system are among the most precious resources of this state and the development and utilization of these resources are important to the health and welfare of each person and the public in general, the public policy of this state is hereby declared to be:
(1) To recognize the immeasurable worth of Nebraska's recreational opportunities and provide for the development, operation, and maintenance of areas of the state park system;
(2) To provide quality recreational opportunities because such opportunities are an integral part of the good life desired by all residents of Nebraska; and
(3) To promote a more aggressive program for the proper improvement and utilization of our state park system.
Source
Laws 1978, LB 109, § 2;
R.S.1943, (1993), § 37-1302;
Laws 1998, LB 922, § 108.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-351 - Nebraska Outdoor Recreation Development Cash Fund; created; investment.

37-351.
Nebraska Outdoor Recreation Development Cash Fund; created; investment.
There is hereby created a fund to be known as the Nebraska Outdoor Recreation Development Cash Fund. The fund shall contain the money received pursuant to section 77-2602 and any funds donated as gifts, bequests, or other contributions to such fund from public or private entities. Transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2011. Any money in the Nebraska Outdoor Recreation Development 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.
Source
Laws 1978, LB 109, § 4;
R.S.1943, (1993), § 37-1303;
Laws 1998, LB 922, § 109;
Laws 2009, First Spec. Sess., LB3, § 18.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.