reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 4 - LAND RIGHTS: PURCHASES, SALES AND RENTS/REVENUES › Section 261-4-024 - SALE OF IMPROVEMENTS

Current through June 17, 2024
When any improvements on lands involving these funds are to be sold separately from the land, such sale may be conducted by sealed bids or by public auction. Prior to such sale of improvements, the Department shall cause legal notice thereof to be published pursuant to Chapter 4 Section 027.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 4 - LAND RIGHTS: PURCHASES, SALES AND RENTS/REVENUES › Section 261-4-025 - NOTICE OF SALES

Current through June 17, 2024
Notice of all sales governed by these rules shall be published in the county in which such land(s) and/or improvement(s) is (are) located and also in a legal newspaper with statewide circulation. Advertisement/notice shall also be distributed by flyer and/or posters posted in public view, on web sites and any other appropriate method for generating interest in the sale. Such notices shall list and describe the land(s) and/or improvement(s) to be sold and the easements and/or rights-of-way, If any, which will be retained by the local organization, and shall state the date, time and place for the opening of sealed bids. If appropriate, such notice shall state the address where sealed bids are to be mailed or delivered, and the deadline for receipt of the same. The terms of payment and any other information that in the particular case would be required to impart adequate notice to all interested parties shall also be provided.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 4 - LAND RIGHTS: PURCHASES, SALES AND RENTS/REVENUES › Section 261-4-026 - SEALED BIDS

Current through June 17, 2024
In order to be eligible for consideration, sealed bids for improvements shall state which improvement(s) the bid is for and shall be accompanied by a certified check or bank draft made out in the full amount of the bid. If any sealed bid is not accepted, the deposit shall be returned to the bidder within thirty days after the day on which the bids are opened. All sealed bids shall be mailed or delivered to the Department. Such bids must be received at least three days prior to the date set for their opening. All sealed bids shall remain sealed until the time set for their opening, at which time the two highest bids shall be read.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 4 - LAND RIGHTS: PURCHASES, SALES AND RENTS/REVENUES › Section 261-4-027 - CONDUCT OF AUCTION

Current through June 17, 2024
The public auction for each tract of land to be sold shall remain open for receipt of bids for a minimum of one hour, but may be closed at the end of such time period if there are no reasonable grounds to believe that a higher bid would be received were the auction held open for a longer period of time.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 4 - LAND RIGHTS: PURCHASES, SALES AND RENTS/REVENUES › Section 261-4-028 - EARNEST MONEY DEPOSIT

Current through June 17, 2024
The highest bid for a tract of land received at public auction shall, in order to be eligible for consideration by the Commission, be accompanied by a check, bank draft, or cash in an amount of not less than twenty percent of the bid.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 4 - LAND RIGHTS: PURCHASES, SALES AND RENTS/REVENUES › Section 261-4-029 - PURCHASE AGREEMENT

Current through June 17, 2024
The highest bidder for the purchase of any of the lands governed by these rules shall, after being designated the highest bidder, enter into a purchase agreement with the local organization stating that the balance due shall be paid within thirty days of notification by the local organization of the acceptance of the bid by the Commission. The purchase agreement shall describe all applicable terms for the sale, including all terms specified by the Commission, Failure to comply with this rule or with the conditions of the purchase agreement shall result in the forfeiture of said bidder's deposit.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 4 - LAND RIGHTS: PURCHASES, SALES AND RENTS/REVENUES › Section 261-4-030 - APPROVAL OR REJECTION OF BIDS

Current through June 17, 2024
The Commission reserves the right to refuse any and/or all bids. At the next regularly scheduled Commission meeting following the closing of all bidding, the Commission shall review the highest bid, considering, if applicable, such factors as the original purchase price, any increases or decreases in land valuation, the present appraised fair market value, and any other criteria which may reflect the adequacy of the bid. If a portion of the original purchase price was contributed by the local organization, such local organization shall be consulted regarding the adequacy of the bid prior to approving or rejecting the same. In the event the Commission approves a bid, it shall direct the local organization to proceed with the sale. Upon receiving full payment, the local organization shall convey title to the purchaser, reserving as applicable, and such interests In the land as are necessary for the local organization to carry out its ongoing responsibilities relative to management of the land or to any improvements constructed thereon or necessary to effect any terms for the sale specified by the Commission. In the event that the Commission determines that a bid is inadequate, the bidder's deposit shall be returned within ten days after such determination, the land shall be leased for an additional year, and the land shall be rescheduled for sale according to the rules hereinabove set forth.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 4 - LAND RIGHTS: PURCHASES, SALES AND RENTS/REVENUES › Section 261-4-031 - SALE EXPENSES

Current through June 17, 2024
Any expenses, that have been approved by the Director in advance, which are incurred by the Department or the local organization in conducting this sale shall be subtracted from the sale price prior to a pro rata distribution of such sale proceeds between the local sponsor and the Department in accordance with Chapter 4 Subsection  007.03.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 1 - GENERAL PROVISIONS › Section 262-1-001 - Purpose of Rules

Current through June 17, 2024
These rules and regulations are adopted for the purpose of
				  carrying out the purposes and requirements of the Nebraska Soil and Water
				  Conservation Act.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 1 - GENERAL PROVISIONS › Section 262-1-002 - General Availability of Funds

Current through June 17, 2024
Financial assistance from the Nebraska Soil and Water
				  Conservation Fund shall be available only to landowners of land located in
				  natural resources districts which have agreed to assist the Department in the
				  administration of the Fund and have executed a Memorandum of Understanding with
				  the Department setting forth the terms of such assistance.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 2 - APPORTIONMENT OF FUNDS › Section 262-2-001 - Apportionment of Funds

Current through June 17, 2024
001.01 Each fiscal
				year each participating district shall receive a new apportionment of funds for
				each of the following time periods:
001.01A
				July 1 to February 28; and
001.01B
				March 1 to June 30.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 2 - APPORTIONMENT OF FUNDS › Section 262-2-002 - Supplemental Apportionments

Current through June 17, 2024
The Commission may, by utilizing funds repaid to the Fund or
				  otherwise made available for expenditure pursuant to the Act, establish
				  supplemental apportionments of funds to participating districts. To the extent
				  consistent with legislative direction, any such supplemental apportionment may
				  be combined with any apportionment made pursuant to Chapter 2, Section 001,
				  Subsection 001.02 or 001.04.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 2 - APPORTIONMENT OF FUNDS › Section 262-2-003 - Termination of the Memorandum of Understanding

Current through June 17, 2024
In the event that the Memorandum of Understanding required
				  by Chapter 1, Section 002 is terminated by a district or by the Department, the
				  district shall release all funds unobligated as of the effective date of such
				  termination and shall further release as they become available obligated funds
				  for which no claim for payment is made in a timely manner. Any funds so
				  released shall be used by the Commission to supplement in accordance with
				  Chapter 2, Section 002 the funds apportioned to participating
				  districts.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-001 - Establishing Project Eligibility

Current through June 17, 2024
Landowners shall be eligible for cost-share funds only for
				  the types of projects and practices designated as eligible for such purposes by
				  the Commission. The Commission shall at least annually review the list of
				  projects and practices for which such funds should be utilized and shall affirm
				  or modify such list as it deems appropriate. Funds apportioned to districts for
				  that fiscal year may be obligated only for projects and practices thus
				  designated. Each participating district may further limit the types of projects
				  and practices eligible for funding assistance in that district; the Department
				  shall be promptly notified of any such action.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-002 - Application for Assistance

Current through June 17, 2024
To be eligible for cost-share assistance from the fund, a
				  landowner must make application therefor on forms provided by the Department.
				  Copies of such forms shall be available at such locations as the district shall
				  specify.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-003 - Certification of Practices

Current through June 17, 2024
Before the district board of directors approves the
				  application for assistance, a technician qualified to assess the practicability
				  and need for the projects or practices for which assistance is requested shall
				  certify that such projects or practices are feasible and that the estimated
				  quantities are practical and reasonable. If such technician is other than an
				  individual employed for such purposes by the district or by the NRCS, the
				  qualifications of such technician shall be established to the satisfaction of
				  the board prior to approval of the application.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-004 - Availability of Federal Funds

Current through June 17, 2024
Except for funds to be obligated by the Commission in
				  accordance with Chapter 2, Section 001, Subsection 001.03, applications for
				  cost-sharing assistance from the Fund cannot be approved by the district board
				  of directors unless it determines that federal funds were not available for the
				  proposed project or practice at the time the application was submitted by the
				  landowner. Federal funds shall be deemed to be unavailable in the county where
				  the land is located if all such funds then available for obligation in such
				  county through federal cost-sharing programs have been obligated or if the
				  particular project or practice proposed is not eligible for federal
				  cost-sharing funds in that county but is eligible for state cost-sharing
				  assistance. Federal cost-sharing funds shall also be deemed to be unavailable
				  to the extent that the maximum allowable dollar amount available from a federal
				  cost-sharing program to individual landowners in a given year has limited or
				  will limit the landowner's federal cost-share payment to an amount less than
				  that to which such landowner would have been entitled in the absence of such a
				  dollar limitation. In the event of the utilization of both state and federal
				  cost-share funds on the same project or practice, the state cost-share funds
				  provided to the landowner shall not exceed the amount which ineligible
				  contributors are authorized to provide by federal regulations and operating
				  procedures.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-005 - Federal Multi- year Agreements

Current through June 17, 2024
Notwithstanding any provision of Chapter 3, Section 004,
				  federal cost-sharing funds shall be deemed to be unavailable for a project or
				  practice which is included in a federal multi- year cost-sharing agreement or
				  contract when and only when federal maximum dollar amounts for that type of
				  project or practice or that contract have been or are to be paid from federal
				  cost-sharing funds.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-006 - Compliance with Applicable Laws

Current through June 17, 2024
In the installation or application of any eligible project
				  or practice the landowner shall be solely responsible for assuring compliance
				  with any applicable federal, state, or local laws, ordinances, and rules and
				  regulations. The landowner is also solely responsible for obtaining all
				  permits, licenses, or other instruments of permission required prior to the
				  installation of the proposed project or practice. Practices may be adopted to
				  provide assistance with costs of construction or costs to modify a project so
				  that small dams are exempt from the requirements of obtaining a permit, license
				  or other permission required by federal, state or local laws, ordinances and
				  rules and regulations. Additionally, practices may be adopted to provide
				  assistance with costs to physically modify a project so that it becomes in
				  compliance with applicable state law, or is decommissioned, removed, abandoned
				  or breached.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-007 - Group Project or Practices

Current through June 17, 2024
In the event that the most appropriate solution to the needs
				  addressed by the act requires the eligible projects or practices to be located
				  on or across the property lines of different landowners, and when such
				  landowners desire to jointly install, operate, and maintain such needed
				  projects or practices, state cost-share funds may be used to share the cost
				  when the following additional provisions have been satisfied.
007.01 A group planning agreement prepared by
				or on behalf of landowners must be signed and submitted by the landowners
				involved and approved by the board;
007.02 If the proposed projects or practices
				are approved by the board, the landowners shall arrange for carrying out the
				projects or practices by securing and recording any easements which are
				necessary and by agreeing to a division of the costs and cost-share
				payments;
007.03 One member of the
				group shall be designated as the group representative to file the application
				for cost-share assistance, such application to be accompanied by a written
				statement describing the arrangements agreed to under Subsection 007.02
				above;
007.04 The group
				representative shall make arrangements to have the project or practice
				installed, make payments and obtain receipts from vendors;
007.05 The group representative shall submit
				the claim for payment, supported as otherwise required by these rules and
				regulations;
007.06 Payment will be
				made to the group representative;
007.07 The division of cost-share assistance
				provided will be made by the group representative in the manner indicated in
				the agreement previously reached among the members of the group;
007.08 A cost-share assistance agreement must
				be signed by each member of the group on whose land a portion of the project or
				practice has been installed;
007.09
				When two or more landowners intend to participate financially in the
				installation of a project or practice located wholly on the property of one
				landowner, the procedures outlined in this section may be used but are not
				required.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-008 - Termination Date

Current through June 17, 2024
All applications shall specify a termination date which
				  shall be no more than nine months from the date the landowner's application is
				  approved by the board. Claims for payment received after such termination date
				  shall not be honored unless an extension of not to exceed an additional three
				  months time period is approved by the board by amendment to the original
				  application.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-009 - Application Amendments

Current through June 17, 2024
009.01 An amendment
				to an application for cost-sharing assistance shall be appropriate for any of
				the following reasons:
009.01A To increase or
				decrease consistent with the responsible technician's certification pursuant to
				Chapter 3, Section 003 the quantities of eligible projects or practices needed
				and/or the amount of cost-share funds estimated on the original
				application.
009.01B To extend the
				termination date indicated on the original application consistent with Chapter
				3, Section 008;
009.01C To cancel
				the agreement by mutual consent.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 3 - APPLICATION AND ELIGIBILITY FOR FUNDS › Section 262-3-010 - Need for Additional Reviews

Current through June 17, 2024
The Commission may identify projects or practices for which
				  reviews by an entity in addition to the district are required before the board
				  of directors may approve applications for cost-share assistance, or any
				  amendments thereto, pursuant to Chapter 6, Section 002 or may approve claims
				  for payment pursuant to Chapter 6, Section 005. In the event the Commission
				  takes such action, the Department, within five working days thereafter, shall
				  notify the affected districts and as soon thereafter as possible, shall direct
				  the affected districts concerning the process for future acceptance and
				  approval of applications, amendments, and claims for payment which include such
				  projects or practices.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 4 - DESIGN, LAYOUT, AND CONSTRUCTION OF PROPOSED PROJECTS AND PRACTICES AND OPERATION AND MAINTENANCE › Section 262-4-001 - Technical Specifications

Current through June 17, 2024
Unless the Commission provides otherwise for specific
				  projects and practices, specifications for projects and practices set forth in
				  the NRCS Field Office Technical Guide are to be used as the basis for
				  determining need and practicability of the proposed project or practice, for
				  preparing plans and specifications, for designing and laying out such projects
				  and practices, and for certifying the proper installation or application of
				  such projects and practices. Specifications for additional projects and
				  practices not set forth in the NRCS Field Office Technical Guide and
				  modifications to those included in such Technical Guide may be considered and
				  authorized by the Commission at the request of the District. Project and
				  practice description and specification information will be on file in the
				  district office and at all such places as application forms are made
				  available.
001.01
Districts proposing to utilize State cost-share funds for the
				purpose of controlling erosion and sediment loss from construction and
				development of lands being converted to urban use shall submit to the
				Department a list of practices approved by the Board of Directors for such
				purpose. The Department shall consider and authorize from such list those
				practices which in its judgment most effectively accomplish the goal of
				controlling erosion and sediment loss from construction and development of
				lands being converted to urban use.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 4 - DESIGN, LAYOUT, AND CONSTRUCTION OF PROPOSED PROJECTS AND PRACTICES AND OPERATION AND MAINTENANCE › Section 262-4-002 - Inspections and Certifications

Current through June 17, 2024
A responsible technician shall prior to installation or
				  application of the proposed project or practice determine that the plans
				  therefore are adequate and shall inspect any construction work in progress to
				  determine that specifications are met. Following such installation or
				  application, it will be the responsibility of such technician to certify to the
				  district that the project or practice was or was not properly installed or
				  applied. If the district does not receive a technician's certification that the
				  project or practice was properly installed or applied, it shall not approve any
				  claim to the Department for payment regarding such project or practice. In the
				  event that any technician responsible for complying with any portion of this
				  section is different from the technician who originally certified the
				  feasibility of the project or practice in accordance with Chapter 3, Section
				  003, and if such technician is other than an individual employed for such
				  purposes by the District or by NRCS, the qualifications of such technician
				  shall be established to the satisfaction of the board prior to proceeding any
				  further with processing of any claim for payment.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 4 - DESIGN, LAYOUT, AND CONSTRUCTION OF PROPOSED PROJECTS AND PRACTICES AND OPERATION AND MAINTENANCE › Section 262-4-003 - Operation and Maintenance by Landowner

Current through June 17, 2024
Except as provided in Chapter 3, Section 004, the landowner
				  shall be responsible for the operation and maintenance of all projects and
				  practices constructed with assistance from the Fund and the landowner will be
				  expected to maintain the same in good operating condition to assure their
				  continued effectiveness for the purpose or purposes for which they were
				  installed.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 4 - DESIGN, LAYOUT, AND CONSTRUCTION OF PROPOSED PROJECTS AND PRACTICES AND OPERATION AND MAINTENANCE › Section 262-4-004 - Operation and Maintenance by District

Current through June 17, 2024
If on any particular proposed project or practice, the
				  district determines that landowner assumption of all operation and maintenance
				  responsibilities would constitute an undue burden upon such landowner or would
				  not assure operation or maintenance adequate to protect such project or
				  practice from failure, the district may agree to be or require that it be
				  responsible for all or a part of such operation and maintenance and may prior
				  to and as a condition for approval of an application for cost-share funds,
				  require the landowner to provide the district with the right of access
				  necessary to perform such operation or maintenance.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 4 - DESIGN, LAYOUT, AND CONSTRUCTION OF PROPOSED PROJECTS AND PRACTICES AND OPERATION AND MAINTENANCE › Section 262-4-005 - Cost-Share Assistance Agreement

Current through June 17, 2024
As a condition for receiving any cost-share funds for
				  eligible projects or practices, the landowner shall, prior to submission of a
				  claim for reimbursement, enter into an agreement on forms supplied by the
				  Department providing that if a conservation practice is terminated or a project
				  or practice is removed, altered, or modified so as to lessen its effectiveness,
				  without prior approval of the district, for a period of ten years after the
				  date of receiving payment, the landowner shall refund to the Fund the full
				  amount of the state cost-share payment previously received for the project or
				  practices or portion thereof which has been thus terminated, removed, altered
				  or modified.
005.01 To be eligible for
				cost-share funds for practices authorized under Subsection 001.01 of this
				Chapter, the landowner shall enter into an agreement on forms supplied by the
				Department providing that authorized practices will be installed and adequately
				maintained or replaced at the landowner's expense until ninety- five percent of
				the site is permanently stabilized, as certified by a responsible technician
				identified under Section 002 of this Chapter.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 4 - DESIGN, LAYOUT, AND CONSTRUCTION OF PROPOSED PROJECTS AND PRACTICES AND OPERATION AND MAINTENANCE › Section 262-4-006 - Requests for Termination, Removal, Alterations, Modifications

Current through June 17, 2024
A landowner may request the district's approval of the
				  termination, removal, alteration, or modification of the project or practice at
				  any time during the 10-year period following receipt of payment. In determining
				  whether to approve or disapprove such action, the district shall
				  consider:
006.01 The value of the
				project or practice in conserving soil and water resources or protecting water
				quality;
006.02 The extent to which
				such project or practice hinders the highest and best use of the land upon
				which such project or practice is located;
006.03 Whether alternative forms of soil and
				water conservation or water quality protection measures have been or are to be
				constructed or implemented; and
006.04 The time remaining in the designed
				life of the project or practice.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 5 - COST-SHARE RATES AND REIMBURSEMENT PROCEDURES › Section 262-5-001 - Cost-Share Rates

Current through June 17, 2024
The district may establish any cost-share rates for eligible
				  projects and practices up to 75% of average unit cost. However, except as
				  provided in Chapter 2, Section 001, Subsection 001.03, no payment shall exceed
				  75% of the actual cost of the project or practice installed or applied.
				  Participating districts shall notify the Department by February 1 of each year
				  of the cost-share rates to be utilized for reimbursement purposes during the
				  next ensuing year. In the event that average unit costs are not established in
				  accordance with Chapter 5, Section 002, or that average unit costs which are
				  available are determined by the Commission to be unreliable because of the
				  site-specific nature of the costs of a certain type of project or practice, the
				  cost-share rate in effect will be applied to actual cost and average cost will
				  not be utilized and need not be calculated on individual applications.
001.01
At the time a District
				submits to the Department a list of practices as provided for under Chapter 4,
				Subsection 001.01, the District shall identify the estimated unit cost of each
				proposed practice, including installation, in such District and the District's
				proposed cost share amount for each unit to be
				installed.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 5 - COST-SHARE RATES AND REIMBURSEMENT PROCEDURES › Section 262-5-002 - Average Costs

Current through June 17, 2024
Unless a district establishes and informs the Department of
				  lower average unit costs, the average unit costs for a county shall be
				  identical to any established and utilized by NRCS for the same type of projects
				  and practices in that county. If average unit costs are not established by NRCS
				  for an eligible practice in a county, the Commission itself may establish
				  average unit costs for such project or practice in such county. Except for
				  applications filed with the Commission in accordance with Chapter 2, Subsection
				  001.03, all applications for cost-sharing assistance shall be based upon the
				  then current average unit costs. Once an application has been completed by a
				  landowner, the same average unit costs in effect at the time the application
				  was completed shall be utilized for determining the cost-share payment to which
				  each landowner is entitled unless the district and the landowner agree to use
				  updated average unit costs.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 5 - COST-SHARE RATES AND REIMBURSEMENT PROCEDURES › Section 262-5-003 - Eligible Costs

Current through June 17, 2024
Except for costs incurred in employing the services of a
				  technician as required by these rules and regulations or as otherwise may be
				  limited by the Department, all necessary costs incurred by the landowner in
				  installing or applying an approved project or practice shall be eligible for
				  cost-sharing. Such costs include machine hire or the costs of the use of his
				  own equipment, needed materials delivered to an used at the site, and labor
				  required to construct the project.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 5 - COST-SHARE RATES AND REIMBURSEMENT PROCEDURES › Section 262-5-004 - Documenting Costs

Current through June 17, 2024
All authorized items of costs for which the landowner
				  desires cost-sharing assistance shall be itemized on a statement submitted to
				  the district by the landowner in such form as is required by the Department.
				  Costs incurred by the landowner in furnishing his own labor, material, or
				  equipment for use on a project or practice should be listed in a certified
				  statement itemizing such items and showing unit cost for each item and the
				  total amount for which payment is claimed.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 5 - COST-SHARE RATES AND REIMBURSEMENT PROCEDURES › Section 262-5-005 - Claim for Payment

Current through June 17, 2024
The landowner shall after the project or practice has been
				  completed and certified by the responsible technician complete a claim for
				  payment on forms provided by the Department and available at the location where
				  the application form was obtained. A copy of the document(s) required by
				  Chapter 5, Section 004, shall be attached to such claim for payment prior to
				  submission to the district. A claim for payment will not be accepted unless the
				  landowner has signed the portion of the claim form required by Chapter 4,
				  Section 005.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-001 - Application

Current through June 17, 2024
Chapter 6, Sections 001 through 009 shall apply only to
				  districts which have entered into a Memorandum of Understanding with the
				  Department agreeing to assist the Department in the Administration of the
				  Fund.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-002 - Board Action on Application

Current through June 17, 2024
The board of directors shall review each cost-share
				  assistance application and any and all amendments thereto and shall approve or
				  disapprove each such application or amendment. Such action shall be recorded in
				  the official minutes of the meeting and the landowners shall be notified of
				  such action within ten days thereafter. For any project or practice subject to
				  additional review in accordance with Chapter 3, Section 010, the board shall
				  not approve an application for cost-share assistance or an amendment thereto
				  except in compliance with direction given by the Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-003 - Approving Applications

Current through June 17, 2024
Except for applications pursuant to Section
				  2-001, Subsection 001.03, applications
				  for cost-share assistance may be approved by the board only when there is a
				  sufficient unobligated fund balance to provide the estimated cost-share amount
				  based upon the average cost information indicated on the application. The board
				  may if it desires give preference to the construction of projects or practices
				  which will in its judgment provide the greatest public benefit in that
				  district. Examples of projects and practices which would provide the most
				  public benefit include those which would reduce runoff and sediment damage to
				  lakes, streams, reservoirs, roads, highways, or other public improvements and
				  those which would reduce demands on or contamination of the groundwater
				  reservoir and/or provide enhanced recharge to an aquifer with a declining water
				  table.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-004 - Record Keeping

Current through June 17, 2024
The district shall maintain a record of funds obligated as
				  applications for cost-share assistance are approved based upon estimated costs.
				  A cost-share ledger will be kept current showing the balance of unobligated
				  funds and such other information as the Department determines is necessary to
				  provide for proper documentation of all expenditures from the
				  Fund.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-005 - District Review of Claim for Payment

Current through June 17, 2024
Upon completion of an approved project or practice, the
				  district shall review the claim for payment prepared by the landowner in
				  accordance with Chapter 5, Section 005, and shall if it finds that the project
				  or practice was properly installed, that all other conditions have been
				  satisfied, and that the claim has been properly completed and is accompanied by
				  all required supporting documentation, approve the claim and certify the same
				  to the Department with all supporting documentation attached. For any project
				  or practice subject to additional review in accordance with Chapter 3, Section
				  010, the board shall not approve a claim for payment except in compliance with
				  direction given by the Department. If the district determines that the claim is
				  improperly prepared or that other deficiencies exist, it shall so notify the
				  landowner and shall provide the landowner with a reasonable opportunity to
				  correct such deficiencies and to resubmit the claim for
				  payment.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-006 - District Assistance to Landowner

Current through June 17, 2024
The district shall provide such assistance as it deems
				  appropriate to the landowner in the completion of necessary forms and in all
				  matters relating to completion of eligible projects and
				  practices.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-007 - Filing System

Current through June 17, 2024
To provide for efficient processing of requests for
				  cost-sharing assistance and for maintenance of necessary documentation of
				  matters relating to the administration of the Fund, the district shall develop
				  and maintain with the assistance of the Department a filing system which
				  includes copies of all forms completed by the landowner and all other
				  information deemed relevant to the installation and application of the eligible
				  projects and practices and to the cost-sharing assistance provided. Such files
				  shall be available for inspection by personnel of the Department and by
				  representatives of the State Auditor's Office during normal business hours of
				  the district.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-008 - Reports

Current through June 17, 2024
The district shall no later than the
				  5th working day of March, July and November of each
				  year submit a report to the Department indicating the status of cost-share
				  funds as shown on each cost-share ledger required by Chapter 6, Section 004 at
				  the close of the last day of the preceding month.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 6 - DISTRICT ADMINISTRATION OF THE FUND › Section 262-6-009 - Delegation of Responsibilities by Board

Current through June 17, 2024
The board of directors may delegate to the district manager
				  or to a member or sub-committee of the board all or any of the authorities and
				  responsibilities assigned to it by these rules and regulations except the
				  establishment of preferred projects and practices in accordance with Chapter 6,
				  Section 003 and the limitation of the types of projects and practices eligible
				  for assistance in accordance with Chapter 3, Section 001. The Department shall
				  be notified in writing of any such delegation.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 7 - DEPARTMENT ADMINISTRATION OF THE FUND › Section 262-7-001 - Forms

Current through June 17, 2024
The Department shall prepare and make available to
				  participating districts sufficient copies of all forms necessary for district
				  administration and shall further prepare and keep updated a handbook for use by
				  districts in assisting in the administration of the fund.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 7 - DEPARTMENT ADMINISTRATION OF THE FUND › Section 262-7-002 - Department Review of Claims for Payment

Current through June 17, 2024
Upon receipt from a district of a district approved claim
				  for payment, a Department representative shall review the claim and the
				  supporting documentation which is attached. If the claim is determined to be
				  complete and properly documented, the Department shall prepare a voucher for
				  transmittal to the Department of Administrative Services for preparation of a
				  warrant payable to the landowner or to a group representative designated in
				  accordance with Chapter 3, Section 007.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 7 - DEPARTMENT ADMINISTRATION OF THE FUND › Section 262-7-003 - Payment to Landowner

Current through June 17, 2024
Upon receipt of the warrant from the Department of
				  Administrative Services, the Department shall transmit it by mail to the
				  landowner or group representative.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 7 - DEPARTMENT ADMINISTRATION OF THE FUND › Section 262-7-004 - Incomplete or Inaccurate Claims for Payment

Current through June 17, 2024
If in reviewing the claim for payment, the Department
				  determines that the information contained thereon is incomplete or inaccurate,
				  that an error exists in the final computation or that proper documentation has
				  not been supplied, it shall so notify the district of such deficiency. The
				  district shall then request the landowner to complete a new claim for payment.
				  No payment will be authorized until the Department has determined that the
				  claim for payment and the necessary supporting documentation are complete and
				  accurate in all respects.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 7 - DEPARTMENT ADMINISTRATION OF THE FUND › Section 262-7-005 - Violations of Cost-Sharing Assistance Agreement

Current through June 17, 2024
In the event that the Department is notified of an alleged
				  violation of the cost-sharing assistance agreement, a representative of the
				  Department and/or a representative of the district shall investigate the
				  alleged violation and shall report the results of such investigation to the
				  Department. If following the investigation it appears as though a violation has
				  in fact occurred, the Department shall so notify the landowner and shall make
				  demand for repayment of the appropriate amount to the Fund within 30 days
				  thereafter. The landowner may within the time specified for such repayment
				  contest the occurrence of a violation and may request that the Department
				  conduct a formal hearing to reconsider such demand for payment. Such hearing
				  shall be conducted in accordance with Title 261 of the Department Rules and
				  Regulations. If following the hearing, the Department determines that the
				  violation did in fact occur, it shall so notify the landowner in accordance
				  with the provisions of Title 261 and shall renew the demand for repayment. If
				  repayment is not provided or all deficiencies corrected at the owner's expense
				  within the time specified, appropriate legal action shall be taken by the
				  Department to recover such amount.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 262 - REGULATIONS GOVERNING THE ADMINISTRATION OF THE SOIL AND WATER CONSERVATION FUND › Chapter 7 - DEPARTMENT ADMINISTRATION OF THE FUND › Section 262-7-006 - Report to Districts

Current through June 17, 2024
The Department shall prepare on a quarterly basis a report
				  to each participating district indicating the payments which have been made
				  from the fund during the preceding quarter and any other information determined
				  by the Department to be of value to the districts regarding the administration
				  of the fund.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 263 - ADMINISTRATION OF NATURAL RESOURCES WATER QUALITY FUND › Chapter 1 - ADMINISTRATION OF NATURAL RESOURCES WATER QUALITY FUND › Section 263-1-001 - GENERAL PROVISIONS

Current through June 17, 2024
001.01.
Purpose of Rules.
These rules are adopted for the
				purpose of administering the Natural Resources Water Quality Fund governed by
				Neb. Rev. Stat. §§
									2-15,122
				and
				2-15,123.
001.02.
General Availability of
				Funds.
Financial assistance from the Fund will be available only
				to Districts that have programs qualifying for such assistance under these
				rules and which have entered into a contract with the Department setting forth
				the terms for providing such financial assistance.
001.03.
Definitions.
As used in these rules, unless the context otherwise requires:
001.03(A). "Commission," "Department,"
				"Director,"and "District" have the same meaning as in Title 259; and
001.03(B). "Fund" means the Natural Resources
				Water Quality Fund created by Neb. Rev. Stat. §
										2-15,122.