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 256-4-001 - Action on the Report of the Director

Current through June 17, 2024
Following receipt of a report prepared by the Director in
				  accordance with section
				  3-001, the Commission may request
				  additional information from the Applicant. At the first regular meeting
				  following receipt of that report, the Commission will decide whether (1) to act
				  at the next regular meeting to approve or reject the findings of fact made by
				  the Director pursuant to section
				  3-004 and the recommendations of the
				  Director made pursuant to section
				  3-001 or (2) to defer such action
				  until a later date. If any such deferral is made, it shall be to a date no
				  later than eighteen months following receipt of the Director's report and shall
				  be for the purpose of allowing the Commission to rank all projects for which
				  the Commission has not taken action on a report provided by the Director
				  pursuant to section
				  3-001 and, if desired by a Sponsor
				  thereof, any project for which action on a report provided by the Director was
				  acted upon in the previous four years but for which no funds have yet been
				  allocated. Prior to the initial Commission action on any project, a delegation
				  composed of Commission members shall visit the project site and report the
				  results of its tour to the Commission or the appropriate committee of the
				  Commission. Action on recommendations made by the Director pursuant to
				  subsections .01 and .02 of section
				  3-001 shall be in accordance with such
				  recommendations unless action to the contrary is approved by each Commission
				  member eligible to vote on the specific recommendation under consideration.
				  Recommendations made by the Director pursuant to subsections .03, .04, and .05
				  of section
				  3-001 may be acted upon by the
				  concurrence of a majority of the Commission. A Commission member shall be
				  ineligible to participate in the action of the Commission concerning an
				  application for a grant or a loan only if such member is a member of the
				  governing body or otherwise represents the applicant for financial assistance.
				  All Commission members shall be eligible to vote on programs and projects
				  involving state acquisition of interests in projects pursuant to Section
				  2-1590,
				  R.S.Supp, 2006 as amended. If the Commission determines, following review of
				  the application, feasibility report, and the Director's report, that the
				  proposed program or project is eligible for financial assistance from the Fund,
				  the Commission shall determine a tentative dollar figure for such assistance.
				  Tentative allocations shall also be established for each separable component of
				  the project, as determined in accordance with section
				  4-007. In establishing its tentative
				  allocations, which can be for zero dollars, the Commission may take into
				  consideration the recommendations of the Director pursuant to subsection .04 of
				  section
				  3-001, the nature of the project and
				  the factors associated with it, the total amount of money available in the
				  Fund, any fiscal limitations placed by the Legislature upon allocations from
				  the Fund, and the number of and total tentative dollar allocations for other
				  programs and projects previously determined eligible. No tentative grant
				  allocation shall exceed an amount equal to seventy-five percent (75%) of the
				  portion of the estimated project costs which the local sponsor would be
				  required to provide if financial assistance from the Fund was not available.
				  The Commission may vary the maximum allowable cost-share rate for different
				  categories of projects. No tentative loan allocation or combination loan and
				  grant allocations shall exceed an amount equal to ninety percent (90%) of such
				  portion of the estimated project costs.