reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-015 - Financial Feasibility

Current through June 17, 2024
A project is financially feasible if sufficient funds can be
				  made available to complete the project, and if sufficient annual revenues can
				  be obtained to repay the reimbursable costs and to operate, maintain, and
				  replace the project. When a loan is involved, financial feasibility requires
				  assurance that the projects can be adequately operated, maintained, and
				  replaced and that the loan can be repaid during the repayment life of the
				  project. Financial data supplied by the applicant shall include the applicant's
				  most recent financial statement, budget document or other documentation
				  necessary to illustrate the following:
015.01 The legal limit of the rate of
				taxation by the applicant and the rate currently being levied;
015.02 The limit of property that can be
				locally taxed by the applicant;
015.03 The level and trend of actual
				valuation;
015.04 The rate of local
				delinquency;
015.05 The legal limit
				of revenue and general obligation bond indebtedness;
015.06 Any debts, including bonded
				indebtedness and those resulting from contractual or other obligations.
If a loan is requested, applicant shall also supply a
				  complete year-by-year repayment schedule in such detail as directed by the
				  Director.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-016 - Environmental Acceptance

Current through June 17, 2024
A project is considered to be environmentally acceptable
				  when:
016.01 The Director has found
				that the project will not jeopardize the continued existence of any threatened
				or endangered species or result in the destruction or modification of the
				critical habitat of any such species; and
016.02 The plan of development minimizes, in
				a manner satisfactory to the Director, any adverse impacts on the natural
				environment and adequately addresses existing cultural resources.
In addition to any proposed mitigation measures, if
				  applicable, all aspects of the proposed project which can be anticipated to
				  result in environmental enhancement shall be considered in determining whether
				  the plan of development does minimize adverse impacts. To assist the Director
				  in determining environmental acceptance, the applicant will demonstrate the
				  probable environmental and ecological consequences of the project by addressing
				  all areas of study identified on the environmental acceptance form (NRC/NRDF
				  Form 02Ev1).
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-017 - Federally Assisted Projects

Current through June 17, 2024
When assistance from the Fund is requested for participation
				  in a project planned by an agency of the federal government, the federally
				  prepared plan of work can be submitted by the applicant for the purpose of
				  complying with Sections
				  2-013,
				  2-014, and
				  2-016 and shall be submitted at the
				  request of the Director. The Director does, however, reserve the right to
				  reject all or a portion of any such plan of work on the grounds that the
				  information provided therein is insufficient or inadequate for full evaluation
				  of the proposed project's eligibility for assistance from the
				  Fund.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-018 - Required Legal Data

Current through June 17, 2024
The applicant shall assure the Director and the Commission
				  that all legal requirements have or can be met prior to the allocation of any
				  funds for the proposed program or project. Legal data submitted by the
				  applicant in the feasibility report shall include the following:
018.01 Citation(s) to the legal authorities
				relied upon by the applicant to undertake or participate in the proposed
				program or project.
018.02 An
				explanation, with appropriate documentation of legal authorities, of the
				applicant's intention to finance that part of the project or program for which
				assistance from the Fund is not requested.
018.03 A showing that the applicant has or
				can acquire all necessary land rights and water rights.
018.04 Copies of any available proposed or
				executed contracts for construction or consultant services necessary for
				construction of the proposed program or project and included as part of the
				total cost of the project.
018.05 A
				listing of any permits, licenses, or other approvals required for the proposed
				project, their current status, and estimated schedule for compliance.
018.06 An explanation of the sponsor's plan
				to require consultants, contractors, and subcontractors to obtain liability
				insurance or bonding to ensure the proper design and construction of the
				project.
018.07 An analysis of the
				sponsor's potential liability for damages from the project, including dam
				failure, overflow, or seepage of water and an explanation of the sponsor's plan
				to protect itself from any such liability.
018.08 A certified copy of a resolution of
				the applicant requesting financial assistance from the Department and
				containing a finding that the applicant cannot finance the project from other
				available state or federal sources.
018.09 Such other information, plans, and
				specifications as are requested by the Director or the Commission and which are
				reasonably necessary for an adequate understanding of the project.
018.10 A notarized statement executed by the
				applicant's official representative that the facts contained in the application
				are true and correct to his or her best knowledge and belief.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-019 - Omissions in Application

Current through June 17, 2024
If an application submitted to the Director is not complete
				  or if additional information is required, the Director will so notify the
				  applicant. If the application is not completed within 90 days after the notice,
				  unless the Director extends this time for good cause shown, the Director will
				  return the application to the applicant without making any findings on the
				  application and without prejudice to the submission of a new application at any
				  future time.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-020 - Use of Department Data

Current through June 17, 2024
Any pertinent data of the Department made available to
				  applicants for use in preparing applications and feasibility reports will be
				  furnished at cost.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 3 - ACTION BY THE DIRECTOR › Section 256-3-001 - Review and Report by the Director

Current through June 17, 2024
On receipt of a completed application and feasibility report
				  required by Chapter 2 of these rules and regulations, the Director shall review
				  the application and feasibility report and shall, within six months of receipt,
				  prepare a report containing his or her findings and recommendations with
				  respect to the application and will file such report with the Commission.
				  Copies of the Director's report will be furnished to the applicant. The
				  Director's report shall include the following items:
001.01 A recommendation of approval or
				rejection of the program or project for funding eligibility.
001.02 If approval is recommended, a
				recommendation that the allocation be made in the form of a grant, loan,
				acquisition of state interest, or combination thereof.
001.03 If a program or project is recommended
				for loan assistance, a recommendation of the appropriate repayment
				period.
001.04 A recommended degree
				of assistance for each type of allocation recommended by the Director which
				shall be developed with assistance from a subcommittee of the Commission's
				Program Committee.
001.05 Any
				conditions which the Director recommends be placed on project design,
				construction, operation, or maintenance to ensure the consistency of the
				project with the Act and with other state policies, plans and
				programs.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 3 - ACTION BY THE DIRECTOR › Section 256-3-002 - Committee Findings and Public Hearings

Current through June 17, 2024
To assist the Director in making his or her review and
				  report, the Director may refer the application and feasibility report, or any
				  parts thereof, to such review committees as he or she may establish. In
				  addition, the Director may, at his or her discretion, conduct one or more
				  public hearings at such location (s) as he or she shall choose for the purpose
				  of receiving public testimony on all aspects of the proposed program or
				  project. The record of any such public hearing shall constitute a part of the
				  Director's report to the Commission.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 3 - ACTION BY THE DIRECTOR › Section 256-3-003 - Considerations in Passing on Applications

Current through June 17, 2024
In passing on applications, the Director shall
				  consider:
003.01 The needs of the area
				to be served by the program or project and the benefit to be received from the
				program or project by the area served.
003.02 The availability of revenue to the
				applicant from all sources.
003.03
				Whether the program or project is of such general public benefit that state
				financial assistance is justified.
003.04 The relationship of the program or
				project to the overall statewide water and related land needs.
003.05 Other factors relating to the nature
				of the project and the appropriate level of financial assistance.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 3 - ACTION BY THE DIRECTOR › Section 256-3-004 - Required Findings of Fact

Current through June 17, 2024
Prior to making any report to the Commission recommending
				  approval of a program or project for funding eligibility, the Director shall
				  make the following findings of fact:
004.01 The plan does not conflict with any
				existing Nebraska State land plan.
004.02 The proposed program or project is
				technically, economically, and financially feasible based upon standards
				contained within these rules and regulations or otherwise adopted and supplied
				to the applicant by the Commission or the Department.
004.03 The plan for development of the
				proposed program or project is satisfactory.
004.04 The plan of development minimizes any
				adverse impact on the natural environment.
004.05 The applicant is qualified,
				responsible, and legally capable of carrying out the program or
				project.
004.06 In the case of a
				loan, the borrower has demonstrated the ability to repay the loan, and there is
				assurance of adequate operation, maintenance, and replacement during the
				repayment life of the project.
004.07 The plan considers other plans and
				programs of the state in accordance with the provisions of Sections
				84-135,
				Reissue Revised Statutes of Nebraska, 1994, and resources development plans of
				the political subdivisions of the state.
004.08 The project will not jeopardize the
				continued existence of any threatened or endangered species or result in the
				destruction or modification of the critical habitat of any such
				species.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-002 - Project Totals Exceeding Balance in Fund

Current through June 17, 2024
Although the total of previously approved allocations
				  exceeds the amount of funds then available in the Fund, the Commission may
				  approve the eligibility of additional projects and establish tentative dollar
				  allocations for such projects if such projects are otherwise eligible for
				  financial assistance and if such approval and tentative allocations are
				  otherwise consistent with state law. Notwithstanding any such approval, a
				  sponsor shall not under any conditions be entitled to reimbursement for any
				  project costs until funds have been apportioned and set aside in accordance
				  with sections
				  4-008 or
				  4-009 for reimbursement of costs
				  incurred by the sponsor on such project. Costs paid, accrued or authorized by a
				  sponsor prior to funds being set aside for such projects and costs paid,
				  accrued or authorized by a sponsor for portions of project development in
				  excess of those portions for which funds have been set aside, including
				  application and engineering costs, shall be incurred at the risk of the sponsor
				  and such sponsor shall not be entitled to reimbursement of such costs at any
				  time without specific Commission approval for such reimbursement. Such costs
				  may, however, be used by the sponsor to satisfy in whole or in part the
				  sponsor's share of the total costs of the project if funds for remaining
				  project costs are later apportioned and set aside for such project in
				  accordance with sections
				  4-008 or
				  4-009.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-003 - Annual Availability of Funds

Current through June 17, 2024
Regardless of the status of the Fund at the time of
				  Commission approval of the eligibility of a project, the extent, if any, to
				  which financial assistance will be provided to such project in any one fiscal
				  year shall be in accordance with and contingent upon the availability of funds
				  and Commission action apportioning and setting aside funds for such project in
				  such fiscal year in accordance with sections
				  4-008 or
				  4-009.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-004 - Continued Funding

Current through June 17, 2024
In order to assure continued funding of projects with no
				  separable components and of separable project components which are not further
				  separable, the Commission, when it first apportions and sets aside in
				  accordance with sections
				  4-008 or
				  4-009 funds for such project or
				  project component, shall set aside an amount equal to the appropriate
				  percentage of the total cost of the project or the component even if it is not
				  anticipated that all of such funds could be expended during the next ensuing
				  fiscal year. Funds thus apportioned and set aside shall, as soon as costs have
				  been incurred by the sponsor subsequent to such apportionment, remain set aside
				  and be committed for such project or project component until the sponsor has
				  received all reimbursement to which it is entitled unless:
004.01 The project is abandoned or
				significantly delayed;
004.02 The
				Commission has reasonable grounds for concern that the project or any portion
				of it may not be completed due to public opposition, litigation, or the loss of
				other state, local or federal funds needed to complete the project;
004.03 The Department fails to receive a
				reappropriation of unexpended funds;
004.04 The appropriation for the Resources
				Development Fund is reduced by subsequent legislative act; or
004.05 The Commission determines the project
				no longer meets the criteria for funding eligibility contained in the Resources
				Development Fund Act or the Commission's rules and regulations.
If the Commission determines at any time that any of these
				  conditions have occurred, any funds apportioned and set aside for the project
				  which have not been disbursed may be deemed by the Commission and the
				  Department to be no longer apportioned and set aside.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-005 - Funding Preferences

Current through June 17, 2024
In order that the maximum practicable assurance of continued
				  funding may be provided to sponsors of uncompleted projects which have
				  previously been apportioned funds for one or more separable components,
				  preference shall be given such projects and project components whenever funds
				  are apportioned and set aside in accordance with section
				  4-008 or section
				  4-009.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-006 - Determination of Fiscal Year Financial Needs

Current through June 17, 2024
006.01 No later
				than March 31 of each year each sponsor willing to utilize and capable of
				utilizing either an initial or an additional apportionment of funds for a
				project which has been determined eligible for funding shall submit a report to
				the Director indicating as follows:
006.01A
				If the project has no previously identified separable components and no request
				is made for identification of any such components, the report shall indicate
				the estimated time schedule for beginning and completing the project.
006.01B If the project has separable
				components, the report shall indicate the component or components for which the
				sponsor is requesting an apportionment and the estimated time schedule for
				commencing and completing such component or components.
006.01C If desired by the sponsor, the report
				may also include a request for the identification of separable components for a
				project with no previously identified separable components or for the
				separation of one or more previously identified separable components into
				additional separable components. Any such request shall be accompanied by an
				estimate of the costs for completing all separable components for which
				identification is requested. For those components for which apportionment of
				funds is desired, the information required by part B of this subsection shall
				also be provided.
006.01D The
				extent of any opposition to completion of the project, or any separable
				component, including whether any lawsuits to prevent its completion have been
				instituted or are anticipated, whether any problems are being experienced or
				are anticipated in obtaining sufficient funds to meet the sponsor's financial
				obligations for the project, and whether any other factors exist which may
				affect the sponsor's ability to complete the project.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-007 - Separable Components

Current through June 17, 2024
If a project plan provides that development of the project
				  will take place on two or more land areas not contiguous to each other, the
				  project portion planned for each such land area shall constitute a separable
				  component of the project. Projects for which total project development will
				  take place all on one contiguous land area and separable components of projects
				  of the type described above may also have separable components. A project
				  component shall be deemed to be any distinguishable phase of project
				  development including such phases as land rights acquisition, project
				  construction, and related facilities development. The extent to which such
				  components constitute separable components for any project shall be determined
				  by the Commission after consultation with the Director and the sponsor. In the
				  event that any project is determined to have separable components, the
				  Commission shall take action to identify such separable components and to
				  determine the estimated costs of completing each such
				  component.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-008 - Apportioning and Setting Aside Funds

Current through June 17, 2024
Prior to July 1 of each year the Commission shall apportion
				  and set aside available funds for projects and project components eligible for
				  funding assistance. In making such apportionments, the Commission shall
				  consider the following:
008.01 Whether
				it is reasonable to expect that each project or project component for which
				funding is requested is capable of being commenced within the next ensuing
				fiscal year;
008.02 Whether any of
				the projects or project components proposed for funding by the sponsors could,
				in the opinion of the Commission, be delayed without significant adverse
				effects on the total project;
008.03 Whether there are reasonable grounds
				for concern that the project, or portions of it, may not be completed.
				Reasonable grounds for concern shall include, but not be limited to, opposition
				to completion of the project including current or anticipated lawsuits or the
				unavailability or loss of local, federal, or other state funds needed to
				complete the project;
008.04 The
				funding preferences established in section
				4-005;
008.05 Each project's rate-of-return on the
				investment;
008.06 The water and
				related resources needs addressed by each project;
008.07 The economic impact of each project on
				the local and/or regional economy;
008.08 The environmental impact of each
				project;
008.09 The support for or
				opposition to each project;
008.10
				The urgency of need for each project;
008.11 The extent of benefit provided by each
				project; and
008.12 How to make the
				most efficient utilization of the available funds.
Prior to the Commission's action apportioning and setting
				  aside funds for a given fiscal year, the Department shall invite the sponsors
				  of all projects for which funding has been requested for that fiscal year to
				  appear before the Commission to address the manner in which their projects
				  relate to the factors to be considered by the Commission.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-009 - Adjustments in Apportionments

Current through June 17, 2024
A sponsor may at any time during the fiscal year submit
				  reports containing an update of the information contained in the report
				  submitted in accordance with section
				  4-006. A sponsor of a project for
				  which no report was submitted in accordance with section
				  4-006 may also at any time submit a
				  report containing the information required by such section. At the first
				  Commission meeting following August 1, November 1, and February 1 of each year,
				  the Commission shall review all such reports, if any, which have been submitted
				  since the last such review, and any other relevant information available to it
				  and shall, if appropriate and consistent with the funding preference
				  established in section
				  4-005, make adjustments in the amount
				  apportioned and set aside for any project for that fiscal year. No amount
				  previously apportioned and set aside in accordance with sections
				  4-008 shall be decreased
				  unless:
009.01 The sponsor has
				indicated a decrease in needs;
009.02 The Commission, based on information
				contained in the sponsor's report submitted in accordance with section
				4-006 or other information available
				to it, finds that there are reasonable grounds for concern that the project or
				any separable component may not be completed;
009.03 The project is abandoned or
				significantly delayed;
009.04 The
				Department fails to receive a reappropriation of unexpended funds;
009.05 The appropriation for the Resources
				Development Fund is reduced by subsequent legislative act, or;
009.06 The Commission determines the project
				no longer meets the criteria for funding eligibility contained in the Resources
				Development Fund Act or the Commission's rules and regulations.
In case of any such findings, the Commission may modify,
				  suspend or revoke any previous action to apportion and set aside funds for the
				  project or any separable component. Provided, however, any action to modify,
				  suspend, or revoke any previous apportionment shall not affect the sponsor's
				  right to reimbursement for costs which it has incurred or for which it has
				  become legally obligated prior to such Commission action. In addition, such
				  action shall not affect the sponsor's right to reimbursement for the cost of
				  land or interests in land acquired through condemnation actions commenced prior
				  to the Commission action to modify, suspend, or revoke an
				  apportionment.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-010 - Limitation on Reimbursements

Current through June 17, 2024
A sponsor shall not be reimbursed during any fiscal year in
				  any amount in excess of the amount apportioned and set aside for the sponsor's
				  project in accordance with sections
				  4-008 and
				  4-009.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-011 - Review and Approval of Final Plans

Current through June 17, 2024
Prior to the actual disbursement of any funds for
				  construction for the project or for any portion thereof, the Director shall
				  review the final plans for the proposed program or project or the portion for
				  which funds are requested. If it appears during such review or during any prior
				  or subsequent review or inspection of the project plans or construction, or
				  during any review of project cost information that:
011.01 The plans and specifications for the
				project are not being followed;
011.02 The plan for development or any work
				performed on the project are not based on sound technical principles or
				practices;
011.03 The project or
				any portion thereof no longer meets the criteria for funding eligibility
				contained in the Resources Development Fund Act or the Commission's Rules and
				Regulations; or
011.04 There is or
				has been non-compliance with any of the terms of the contract between the
				Sponsor and the Department.
The Director shall immediately bring such variances to the
				  Sponsor's attention and may refuse to disburse any funds for the project until
				  such time as the variances are corrected and the project is brought into
				  conformance with all appropriate standards.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-012 - Limitation on Allocation

Current through June 17, 2024
The amount actually disbursed for a program or project, or a
				  separable component of a project, shall not exceed the dollar amount of the
				  tentative allocation for the program, project or separable component approved
				  by the Commission pursuant to section
				  4-001 or a dollar amount equal to the
				  same percentage of the actual project costs as the tentative allocation
				  represented to the estimated project costs, whichever is less, without specific
				  Commission approval; except that funds apportioned and set aside for one
				  separable component but not disbursed may be used to reimburse the Sponsor for
				  the costs of another separable component even though such reimbursement may
				  exceed the amount apportioned and set aside for that component if necessary in
				  accordance with section
				  4-002 to achieve or maintain the
				  appropriate ratio between eligible project costs paid by the Sponsor and those
				  paid by the Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-013 - Contractual Arrangements

Current through June 17, 2024
State funds will not be advanced to any applicant pursuant
				  to an approved loan or grant until a contract between the applicant and the
				  Department setting forth terms and conditions of such loan or grant has been
				  executed.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-014 - Disbursements

Current through June 17, 2024
The Director shall disburse, no more often than once each
				  month, such funds from those apportioned and set aside to a program or project
				  as are necessary to reimburse, in the proper proportion, all eligible costs
				  incurred by the applicant in carrying out the program or project since the next
				  preceding disbursement, if any. All such costs shall be documented by the
				  applicant in such manner as is directed by the Director prior to the
				  disbursement of any funds. In the event that a program or project has been
				  approved for combination grant and loan allocations, each disbursement shall,
				  unless otherwise specified by the Commission constitute a disbursement of loan
				  and grant funds in the same proportion as the totals of the allocation
				  approved.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-015 - Inspection During Construction

Current through June 17, 2024
The Commission and Director shall have the privilege of
				  inspecting the construction of any project at any time in order to ensure that
				  plans and specifications are being followed, and that the works are being
				  constructed in accordance with sound engineering and technical principles and
				  practices, but such inspection shall never subject the State of Nebraska to any
				  action for damages. The Director shall bring to the attention of the sponsor
				  and the project engineer any variances from the approved plans and
				  specifications. The Sponsor and the project engineer or project director shall
				  initiate necessary corrective action.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 4 - COMMISSION ACTION AND REQUIREMENTS › Section 256-4-016 - Changes in Scope of Approved Projects

Current through June 17, 2024
The Sponsor shall promptly report all increases in the cost
				  of a project, or any separable component of the project, and any proposed
				  additions, deletions, or modifications of any separable component, or any
				  change in the purpose or purposes of the project by submitting to the Director
				  an amendment to the formal application and feasibility report. Commission
				  approval of any change in the scope, purpose, or plan for development of the
				  project, and any increase in the tentative allocation for the project, or any
				  separable component, shall be required. Any proposed change in the scope,
				  purpose, or plan of development for the project, any request for an increase in
				  the allocation for the project, or any cost increase, regardless of whether an
				  increase in the tentative allocation for the project is requested, may at the
				  discretion of the Commission, be referred to the Director for his or her review
				  and recommendation regarding whether the project still meets the criteria for
				  funding eligibility contained in the Act or the Commission's rules and
				  regulations.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 257 - ADMINISTRATION OF SMALL WATERSHEDS FLOOD CONTROL FUND › Chapter 1 - ADMINISTRATION OF SMALL WATERSHEDS FLOOD CONTROL FUND › Section 257-1-001 - General Provisions

Current through June 17, 2024
001.01
Purpose of Rules.
These rules are adopted for the
				purpose of administering the Small Watersheds Flood Control Fund created by
				Neb. Rev. Stat. §
									2-1503.01.
001.02
General Availability of
				Funds.
Financial assistance from the Fund will be available only
				to local organizations that have programs qualifying for such assistance under
				these rules. The Commission, in its sole discretion, may allocate to any
				qualifying organization, from the Fund, such sum or sums as in the judgment of
				the Commission may be necessary for such local organization to acquire real
				property or easements needed to permit the local organization to effectuate the
				purposes of the Fund.
001.03
Definitions.
All terms defined in Neb. Rev. Stat.
				§
									2-1501 have the
				same definition when used in these rules. In addition:
001.03(A) "Fund" means the Small Watersheds
				Flood Control Fund created by Neb. Rev. Stat. §
										2-1503.01.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 259 - ADMINISTRATION OF WATER WELL DECOMMISSIONING FUND › Chapter 1 - ADMINISTRATION OF WATER WELL DECOMMISSIONING FUND › Section 259-1-001 - GENERAL PROVISIONS

Current through June 17, 2024
001.01
PURPOSE OF RULES
. These rules are adopted for the
				purpose of administering the Water Well Decommissioning Fund created by Neb.
				Rev. Stat. §
									46-1403.
001.02
GENERAL AVAILABILITY OF
				FUNDS
. Financial assistance from the Fund shall be available only
				to districts that have cost-sharing programs for decommissioning water wells
				consistent with Neb. Rev. Stat. §§
									46-1401
				to
				46-1405
				and these rules; and 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). "Decommissioned" or
				"Decommissioning" is defined under Neb. Rev. Stat. §
										46-1206.01;
001.03(B). "Department" means the Nebraska
				Department of Natural Resources;
001.03(C). "Director" means the Director of
				the Department;
001.03(D).
				"District" means a Natural Resources District;
001.03(E). "Fiscal Year" means July 1 of any
				calendar year through June 30 of the next calendar year;
001.03(F). "Fund" means the Water Well
				Decommissioning Fund created by Neb. Rev. Stat. §
										46-1403;
001.03(G). "Licensed pump installation
				contractor" is defined under Neb. Rev. Stat. §
										46-1209;
001.03(H). "Licensed water well contractor"
				is defined under Neb. Rev. Stat. §
										46-1213;
				and
001.03(I). "Water well" is
				defined under Neb. Rev. Stat. §
										46-1212.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 259 - ADMINISTRATION OF WATER WELL DECOMMISSIONING FUND › Chapter 1 - ADMINISTRATION OF WATER WELL DECOMMISSIONING FUND › Section 259-1-002 - QUALIFIED COST-SHARING PROGRAMS

Current through June 17, 2024
002.01
PROGRAM ELIGIBILITY
. For a District to be eligible for
				reimbursement from the Fund, it must establish a water well decommissioning
				cost-share program consistent with the requirements as set forth in Neb. Rev.
				Stat. §
									46-1405.
002.01(A). For purposes of Neb. Rev. Stat.
				§
										46-1405(3),
				the program will be considered in compliance with this requirement if the
				District has budgeted at least $10,000 for the program that Fiscal Year. If a
				District produces sufficient evidence to document that it can cost-share the
				decommissioning of at least 30 water wells for less than $10,000, the Director
				may determine that such District's program is eligible if the amount budgeted
				for decommissioning is equal to or greater than that lesser amount.
002.01(B). For purposes of Neb. Rev. Stat.
				§
										46-1405(4),
				the cost of decommissioning a water well does not include the cost of removing
				any exposed or buried pipes, tanks, or pumps; or any tower, wellhouse, or other
				apparatus or obstruction around or in the water well that might interfere with
				the process of decommissioning.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 259 - ADMINISTRATION OF WATER WELL DECOMMISSIONING FUND › Chapter 1 - ADMINISTRATION OF WATER WELL DECOMMISSIONING FUND › Section 259-1-003 - ALLOCATION OF FUNDS

Current through June 17, 2024
003.01
ALLOCATION OF FUNDS
. The Director will allocate funds
				only to Districts that have entered into a contract with the Department and
				have a water well decommissioning cost-sharing program consistent with the
				requirements of Neb. Rev. Stat. §
									46-1405
				and these rules. Each participating Districts percentage of the funds available
				for a Fiscal Year will be determined by the Director on or before August 1 of
				that year and will be based upon that participating District§s proportion
				of the wells decommissioned statewide with District cost-share assistance. Each
				District§s proportion will be determined as follows:
(1) for any District that has had a qualified
				program for at least the previous three consecutive Fiscal Years, the average
				number of wells decommissioned with assistance from that program in the three
				previous Fiscal Years will be determined;
(2) for any District that has had a qualified
				program for only the last Fiscal Year or the last two consecutive Fiscal Years,
				the number of wells decommissioned with assistance from that program in the
				previous Fiscal Year will be the number used for that District;
(3) all average numbers determined in
				accordance with (1) above will be added to all numbers determined in accordance
				with (2) above to produce the total number of wells that have been
				decommissioned statewide with qualified District cost-share assistance
				programs; and
(4) each
				District§s number as determined in accordance with (1) or (2) above will
				then be divided by the total derived in accordance with (3) above to produce
				that District§s proportion of the funds to be allocated for the then
				current Fiscal Year. Funds will be allocated to participating Districts on at
				least a quarterly basis. Except as provided in Subsection
				003.03 each District§s share
				of each allocation will be based upon the percentages determined in accordance
				with this Subsection.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 259 - ADMINISTRATION OF WATER WELL DECOMMISSIONING FUND › Chapter 1 - ADMINISTRATION OF WATER WELL DECOMMISSIONING FUND › Section 259-1-004 - REIMBURSEMENT TO DISTRICTS

Current through June 17, 2024
004.01
LIMIT ON REIMBURSEMENTS
. Actual reimbursements to the
				District for each water well decommissioned with District cost-share assistance
				in accordance with these rules will not exceed the lesser of:
(1) 75 percent of the cost of such
				decommissioning;
(2) $500 for all
				water wells other than hand-dug wells;
(3) $700 for hand-dug water wells; or
(4) the actual amount of the
				cost-share assistance paid by the District.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 260 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 260-1-001 - General Provisions

Current through June 17, 2024
001.01
The Office of the Commission
.
001.01(A)
Location
.
				The office of the Commission is located within the Department in Lincoln,
				Nebraska, at 301 Centennial Mall South on the 4th floor of the Nebraska State
				Office Building.
001.01(B)
Mailing Address
. The mailing address of the Commission
				is:
Nebraska Natural Resources Commission
P.O. Box 94676
Lincoln, Nebraska 68509-4676
001.01(C)
Official
				Hours
. The official hours of the Commission are from 8:00 A.M. to
				5:00 P.M., Monday through Friday, except legal holidays.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 260 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 260-1-002 - Filing Requirements

Current through June 17, 2024
The following filing requirements apply unless more specific
				  requirements are stated in statute or within the Commission's rules.
002.01
Method.
Pleadings, documents, and correspondence required to be filed with the
				Commission will be considered properly filed when they are:
002.01(A) Received by the office of the
				Commission by the required date by either:
002.01(A)(1
				) personal delivery;
002.01(A)(2) mail delivery;
002.01(A)(3) telefax, and the original signed
				document filed in the office of the Commission within five days of receipt of
				the telefax; or
002.01(A)(4)
				electronic mail, and the original signed document filed in the office of the
				Commission within five days of receipt of the electronic mail. Electronic
				filings must be sent to DNR.legalfile@nebraska.gov.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 260 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 260-1-003 - Proceedings

Current through June 17, 2024
The following definitions shall apply:
003.01 "Proceeding" means the form and manner
				of conducting business before the Commission. Types of Proceedings include:
003.01(A)
Informal
				Proceedings
. The Commission may accept informal requests for
				actions by the Commission unless there is a formal proceeding before the
				Commission on the same matter. The Commission may investigate such requests and
				depending upon the facts determined, may proceed either in an informal or
				formal manner, at the discretion of the Commission.
003.01(B) Formal Proceedings shall include,
				but not be limited to, business conducted under the provisions of:
003.01(B)(1) Subsection 004.01, Petitioning
				for Rulemaking;
003.01(B)(2)
				Subsection 004.02, Regulations and Procedures Governing Agency Declaratory
				Orders;
003.01(B)(3) Subsection
				005, Conduct of Public Hearings; and
003.01(B)(4) Any application or petition
				filed pursuant to the Commission's jurisdiction.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 260 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 260-1-004 - Adoption of Model Rules

Current through June 17, 2024
The Commission hereby adopts by reference the following Model
				  Rules of Agency Procedure promulgated as Title 53 NAC by the Nebraska Attorney
				  General.
004.01 53 NAC Chapter 2-
				Petitioning for Rulemaking
004.02
				53 NAC Chapter 3- Regulations and Procedures Governing Agency Declaratory
				Orders
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 260 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 260-1-005 - Conduct of Public Hearings

Current through June 17, 2024
005.01
Calling Public Hearings.
The Commission may at any
				time on its own motion order any public hearing that the Commission is
				authorized, either by law or by inherent authority, to conduct and, after
				giving notice, conduct such hearing in the manner as hereinafter
				provided.
005.02
Notice.
Notice
				will be given of all public hearings held by the Commission. Except as
				otherwise specified by law, such notice will be published at least once in a
				newspaper or newspapers of general circulation in the area or areas affected by
				the business of the hearing, and the publication will be made at least five
				days prior to the date of the hearing. The published notice will contain
				information as to the date, time, place, and purpose of the hearing. When a
				hearing or series of hearing s is for a purpose of statewide interest, notice
				will be sufficient if published in a newspaper of general
				circulation.
005.03
Presiding Officer or Hearing Officer.
The Chair of the
				Commission or his or her delegate will serve as presiding officer over the
				hearing; however, the presiding officer must, in all cases, be a member of the
				Commission. The presiding officer may appoint a hearing officer for the purpose
				of assisting in the conduct of the hearing.
005.04
Powers of
				Officer.
The presiding officer or hearing officer will, among
				other things, open the Proceedings; enter into the record the notice given of
				the hearing; take the appearances; accept and assure that exhibits are properly
				numbered; answer questions asked or call upon other persons present to answer
				questions asked; and close the Proceedings. The presiding officer and hearing
				officer have no power, acting alone, to take any action involving a final
				determination. The record in any hearing will not be affected by any change of
				presiding officer or hearing officers during the conduct of that
				hearing.
005.05
Receipt
				of Information.
Information at a public hearing will ordinarily be
				received in the following sequence:
(1)
				Commission member and/or support staff;
(2) federal agencies;
(3) state agencies;
(4) political subdivisions;
(5) all other persons in the order as the
				presiding or hearing officer may in his/her discretion choose. All persons will
				be given the opportunity to be heard on matters relevant to the business and
				purpose of the hearing.