reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 1 - GENERAL PROVISIONS › Section 261-1-001 - PURPOSE AND EFFECT OF RULES

Current through June 17, 2024
These rules are adopted for the purpose of meeting the goals of the Nebraska Water Sustainability Fund. The Water Sustainability Fund is administered by the Natural Resources Commission (Commission) to provide financial assistance to eligible projects, programs or activities that lead to sustainability of Nebraska's water resources that promotes healthy watersheds, improves water quality and protects the ability of future generations to meet their water needs. In a manner consistent with these rules and regulations and the governing Statutes, the Commission will administer the Water Sustainability Fund to assist projects, programs or activities that meet the goals and are of the types of projects provided for
Neb. Rev. Stat.
§
									2-1506(1)  and  2-1506(2).
001.01. Under no circumstances are these rules and regulations to be construed as a limitation or restriction upon the exercise of any proper discretion that is vested in either the Director or the Commission, nor are they in any event to be construed to deprive the Director or the Commission of any exercise of powers, duties and jurisdiction conferred by law, nor to limit or restrict the amount or character of data or information which may be required for the proper administration of the Fund.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 1 - GENERAL PROVISIONS › Section 261-1-003 - TYPES OF ASSISTANCE

Current through June 17, 2024
Eligible applicants for financial assistance from the Fund may receive such assistance in the form of grants, loans, or any combination thereof, or through the direct acquisition by the state of interests in eligible programs, projects and/or activities. The form of assistance which may be allocated to a program, project and/or activity will be determined utilizing the following criteria:
003.01.
Grants
. Funding may be made as grants to applicants when it is determined that such an allocation leads to a program, project and/or activity, or separable portion thereof, that provides for the goals of the Water Sustainability Fund.
003.02.
Loans
. Funding in the form of loans may be made to applicants for any program, project and/or activity or any part thereof consistent with the purposes of the Fund which will directly generate revenue or receipts or which can be anticipated to culminate in a program, project and/or activity which will generate revenue or receipts, or which would not generate revenue or receipts but would be of general public benefit to the applicant making repayment appropriate.
003.03.
Acquisition of State Interests
. Interests in water and related land resources projects may be acquired by the Department, upon approval by the Commission, in the name of the state with moneys from the Fund when the public benefits obtained from the project or a part thereof are statewide in nature and when associated costs are determined to be more appropriately financed by other than a local organization. The Department, upon approval by the Commission, may also acquire interests in water resources projects in the name of the state to meet future demands for usable water.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 1 - GENERAL PROVISIONS › Section 261-1-004 - INTEREST RATE

Current through June 17, 2024
The rate of interest payable on loans from the Fund will be determined annually prior to October 1 of each fiscal year. Such rate of interest is computed by averaging the yields, as determined by a readily available state and local bond index, such as the state and local bond rates available from the Federal Reserve System, Board of Governors issued nationally for the three previous fiscal years and by rounding off such average to the nearest one-eighth percent. The rate of interest payable on a loan for a specific program, project and/or activity is the rate in effect for the fiscal year in which the Commission approves the program, project and/or activity for a loan allocation. Such rate will remain in effect throughout the repayment period determined to be appropriate for such program, project and/or activity.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 1 - GENERAL PROVISIONS › Section 261-1-005 - PERIODIC CONSULTATION

Current through June 17, 2024
Periodically the Commission will request that the following entities submit suggestions to the Commission on funding and planning for water programs, projects or activities: the Department of Natural Resources, the University of Nebraska, the Department of Environment and Energy, the Nebraska Environmental Trust Board and the Game and Parks Commission.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 261-2-002 - FILING LOCATION

Current through June 17, 2024
All proposals, applications or other documents or instruments supplied by an applicant in connection with a request for financial assistance from the Fund are to be filed with the Director.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 261-2-004 - ENGINEERING AND TECHNICAL FEASIBILITY

Current through June 17, 2024
004.01. A structural proposal is considered feasible when it can and will be designed, constructed, and operated to accomplish the purpose(s) for which it was planned utilizing accepted engineering, geohydrologic and other technical principles and concepts. Engineering and technical data and information to be provided in the feasibility report should include, but is not limited to, the following:
004.01(A). A detailed discussion of the plan of development selected for the proposal;
004.01(B). A description of all field investigations made to substantiate the feasibility report;
004.01(C). Maps, drawings, charts, tables, etc., used as a basis for the feasibility report;
004.01(D). A description of the water and land rights associated with the proposal and pertinent water supply and water quality information, if appropriate;
004.01(E). A detailed discussion of each component of the final plan preparation including, when applicable:
004.01(E)(i). Required geologic investigation;
004.01(E)(ii). Required hydrologic data;
004.01(E)(iii). Design criteria for final design including, but not limited to, soil mechanics, hydraulic, hydrologic, structural, embankments and foundation criteria.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 261-2-005 - ECONOMIC FEASIBILITY

Current through June 17, 2024
Except as otherwise specified by subsection  005.04 of this section, a proposal is economically feasible if primary tangible benefits exceed project costs. All costs and benefit data reported by the applicant will be based upon current data and sources for all data must be documented. Certain commodity prices, recreation benefit prices, and wildlife prices will be prescribed by the Director. The Director may also prescribe other cost and benefit information necessary for completion of the report. The period of analysis for economic feasibility studies will be the life of the proposal.
005.01.
Cost Information
. The application must Include all relevant cost information including, but not limited to the engineering and inspection costs, capital construction costs, annual operation and maintenance costs, and replacement costs. Cost information must also include the estimated construction period as well as the estimated proposal life.
005.02.
Benefit Information
. Only primary tangible benefits may be counted in providing the monetary benefit information. In a multi-purpose proposal, the benefits will be estimated for each purpose and displayed by year for the proposal life. The application must not include benefits derived from a previously constructed project or portion of a project. Intangible and secondary benefits of the proposal should be described for consideration and evaluation by the Director and the Commission. Benefit measurement techniques and criteria must be provided to the applicant by the Director.
005.03.
Cash Flow Stream
. All benefit and cost data will also be presented in a table form to indicate the annual cash flow for the life of the proposal. A form for so indicating the annual cash flow must be supplied by the Director.
005.04.
Other Methods
. In the case of proposals for which there is no generally accepted method for calculation of primary tangible benefits and if the proposal will increase water sustainability, the economic feasibility of such proposal must be demonstrated by such method as the Director and the Commission deem appropriate.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 261-2-006 - FINANCIAL FEASIBILITY

Current through June 17, 2024
A proposal is financially feasible if sufficient funds can be made available to complete the proposal, and If sufficient annual revenues can be obtained to repay the reimbursable costs and to operate, maintain, and replace the proposal. When an applicant has partners or co-sponsors on a project, a signed letter of commitment, or an agreement from each such partner or co-sponsor must be submitted with the application in order to demonstrate capability to complete a project. The proposal will identify the amount and source of federal, state, local and/or other funding from the applicant and each partner or cosponsor, if any, so that eligibility for funding can be determined. When a loan is involved, financial feasibility requires assurance that the proposals can be adequately operated, maintained, and replaced and that the loan can be repaid during the repayment life of the proposal.
If a loan is requested, applicant must 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 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 261-2-007 - COMBINED SEWER OVERFLOW PROJECT APPLICATION

Current through June 17, 2024
If an application is from a municipality for assistance with the cost of constructing, upgrading, developing and replacing sewer infrastructure facilities as a part of a combined sewer overflow project, as defined in this Title, it must contain in its application a demonstration of need for financial assistance from the Fund and the population of the municipality.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 261-2-009 - INELIGIBLE APPLICATIONS OR COMPONENTS OF APPLICATIONS

Current through June 17, 2024
009.01. Interest owed on borrowed money is not a cost which may be included in an application nor will such costs be reimbursed.
009.02. Costs incurred by and/or services provided to an applicant prior to approval of an application by the Commission may not be included in project costs and will not be paid or reimbursed.
009.03. Operation and/or maintenance expenses will not be costs of a project which can be reimbursed and may not be included in an application.
009.04. A rate of inflation may not be used as a component of project costs which are subject to reimbursement and may not be included in an application.
009.05. Grant Provisions.
009.05(A) For applicants other than the Department of Natural Resources, after deducting all other sources of funding contributed to offset costs of the project (such as federal, state, Nebraska Environmental Trust and/or other sources regardless of the method(s) of recording and receiving such funds), financial assistance from the Fund will be 60%, or a lesser percentage If requested by the applicant, of the remaining costs which otherwise would have to be paid from local sources. The following project costs may not be included as a share of the applicant costs:
(1) Costs paid or reimbursed by a. non-state entities having as a source federal money or b. federal entities;
(2) Costs for operation and maintenance, debt interest, applicant administration and management costs;
(3) Discretionary costs.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 261-2-011 - INFORMATION REQUIRED IN AN APPLICATION

Current through June 17, 2024
In addition to other information that may be required to be included in an application, applications must specify:
(1) the amount requested as a loan, if any, and the amount requested as a grant, if any;
(2) if the amount requested Is for $250,000 or less;
(3) if the amount requested is more than $250,000;
(4). if the project will not be completed in one year or less, the amount of funding requested in each year for which the project is requesting funding.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 261-2-012 - RETURNED APPLICATIONS

Current through June 17, 2024
Applications found by the Director to be satisfactory and reviewed by the Commission but not approved for funding will be denied and the applicant informed. Such applications may be resubmitted to the Director In the next application cycle and if the applicant chooses to do so, then the applicant must either certify that there are no changes in the application or include a narrative page describing any changes in the application compared to the prior application.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 3 - COMMISSION ACTION AND REQUIREMENTS › Section 261-3-002 - FUNDING

Current through June 17, 2024
After scoring and ranking applications that the Director finds to be satisfactory, the Commission will make the following determinations to establish the amount of money available to utilize in funding new projects and to fund a previously approved project.
002.01.
Current Year Appropriations
. The Commission will set aside:
(1) If approved for funding pursuant to Chapter 3  001.04, 10% of the funds appropriated as specified in Nebraska Rev. Stat. §
										2-1507(2);
(2) 10% of the Current Year Appropriation for Small Projects;
(3) The remainder for Large Projects. The Commission is not authorized to approve an allocation for a project that would cause the Cap to be exceeded.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 3 - COMMISSION ACTION AND REQUIREMENTS › Section 261-3-003 - AVAILABILITY OF FUNDS

Current through June 17, 2024
The extent, if any, to which financial assistance will be provided to any project in any one fiscal year will be in accordance with and contingent upon the availability of funds and Commission action obligating funds for such project in such fiscal year.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 3 - COMMISSION ACTION AND REQUIREMENTS › Section 261-3-004 - REDUCTIONS IN ALLOCATIONS

Current through June 17, 2024
An applicant must no later than March 31 of each year submit reports containing an update of the estimated time schedule for beginning and completing the approved project and any anticipated delays to implementing the project or obtaining sufficient funds to meet the applicant's financial obligations for the project. The Commission will review all such reports, if any, which have been submitted and any other relevant information available to it and will, if appropriate and consistent with the funding preferences established in state statute, make reductions in the amount allocated and obligated for any approved application. No amount previously allocated and obligated In accordance with section 002 of this chapter will be decreased unless:
004.01. The Water Sustainability Fund is reduced by subsequent legislative act, or;
004.02. The Commission determines the project no longer meets the criteria for funding eligibility contained in the Water Sustainability Fund or the Commission's rules.
In case of any such findings, the Commission may modify, suspend or revoke any previous action to allocate and obligate funds for the project. Provided, however, any action to modify, suspend, or revoke any previous allocation will not affect the applicant's right to reimbursement for costs which it has incurred or for which the Fund has become legally obligated prior to such Commission action. In addition, such action will not affect the applicant'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 allocation.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 3 - COMMISSION ACTION AND REQUIREMENTS › Section 261-3-005 - 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 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 3 - COMMISSION ACTION AND REQUIREMENTS › Section 261-3-006 - DISBURSEMENTS

Current through June 17, 2024
From the annual appropriations by the Legislature to the Fund and subsequent quarterly limitations that may be imposed by the Department of Administrative Service's Budget Office, the Director will disburse no more often than once each month, such funds as are necessary to reimburse or pay, in the proper proportion, all eligible costs incurred by the applicant, if any. All such costs must be documented by the applicant in the manner as is directed by the Director prior to the disbursement of any funds. In the event that a proposal has been approved for combination grant and loan, each disbursement will, unless otherwise specified by the Commission, constitute a disbursement of loan and grant funds in the same proportion as the approved allocations.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 3 - COMMISSION ACTION AND REQUIREMENTS › Section 261-3-007 - INSPECTION DURING AND AFTER CONSTRUCTION

Current through June 17, 2024
The Director or his or her designated representative(s) must 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 may never subject the State of Nebraska to any action for damages. The Director may bring to the attention of the applicant and the project engineer any variances from the approved plans and specifications. The applicant and the project engineer or project director must initiate necessary corrective action whenever notified by the Director of any such variances. If corrective action is not completed as directed, then the project will no longer be eligible for funding. Subsequent to the completion of construction, project investigation and inspection may be conducted by the Department during the life of the project and may be prescribed pursuant to the contract between the applicant and the Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 3 - COMMISSION ACTION AND REQUIREMENTS › Section 261-3-008 - CHANGES IN SCOPE OF APPROVED PROPOSALS

Current through June 17, 2024
The Applicant will promptly report all increases in the cost of a project and any proposed additions, deletions, or modifications or any change in the purpose or purposes of the project by submitting to the Commission and to the Director an amendment to the formal application and feasibility report, if any.
Any proposed change in the scope, purpose, or plan of development for the project will be reviewed by the Director for his or her recommendation to the Commission regarding whether the project still meets the criteria for funding eligibility contained in the Fund or the Commission's rules. Except in the case of a project for which the Department is the applicant, the Director has the discretion to approve or refer to the Commission minor changes. Additionally for those changes which the Director determines to be more than minor and changes to a project for which the Department is the Applicant, will be referred to the Commission for consideration. The Director is requested to notify the Commission of any minor changes approved by the Director.
The Commission will review all such referrals and information which have been submitted and may, if appropriate and consistent with the purposes for Funding established in the Commission rules, approve the change in scope, purpose or plan of development.
If the Commission finds that the change results in the project being inconsistent with the Commission rules for the Fund, or the change would reduce the benefits from the project, the Commission may notify the Applicant that the project as a result of the change no longer qualifies for funding and the contract between the Applicant and the Department will be terminated. The Applicant may submit an application for the revised project during a subsequent application period.
Increases in cost of approved projects are the responsibility of the Applicant. The Applicant may choose to withdraw its approved project and the contract between the applicant and the Department may be terminated. For any approved project that the Applicant withdraws, abandons or otherwise does not complete, the Commission may require total or partial repayment of any funds expended by the Commission. The applicant may submit a new application to the Commission during a subsequent application period.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 261 - RULES GOVERNING ADMINISTRATION OF THE WATER SUSTAINABILITY FUND › Chapter 3 - COMMISSION ACTION AND REQUIREMENTS › Section 261-3-009 - PROJECT REPORTING

Current through June 17, 2024
Projects which are granted financial assistance from the Fund must submit on or before April 1st, an annual report containing information detailing project progress and anticipated progress for the year.
At the time the Applicant completes a project, a Close Out Report will be submitted to the Commission and the Director identifying what the project accomplished and what benefits were achieved. Quantifying and/or explicitly describing the water sustainability benefits, as described in the application, that were or will be achieved by the funding supplied by the Fund is preferred. After project completion/close out, annual reports are no longer required, unless real estate that was acquired as a part of the project is rented or otherwise generates revenue exclusive of park entry fees, city fees or revenue not resulting from the project.
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 261-4-001 - ELIGIBILITY FOR FUNDS

Current through June 17, 2024
To be eligible for land rights assistance from the Water Sustainability Fund, the local organization, defined as public districts, cities, counties, political subdivisions and agencies of the State or of the Federal government, must first enter into an agreement with the Department Such agreement, which shall be on a form supplied by the Department, shall provide that the local organization will abide by the law and rules and regulations governing administration of the Water Sustainability Fund. In addition, the following conditions must have been met:
001.01. The Department has either participated in the planning or reviewed the plans and has approved the program of work;
001.02. The local organization has identified to the Department the location and purpose of purchasing lands, easements, and rights-of-way;
001.03. The local organization and the Department have entered into an agreement on the administration and expenditure of these state funds, rental and income generation requirements and limitations, as well as specific limitations against disposal of said property;
001.04. The purchase price of the land, easement, or right-of-way has been established either by a court or by at least one registered, licensed, certified residential, or certified general real estate appraiser approved by the Department; and
001.05. The local organization has given assurance to the Department that it has obtained any water rights or other permits required under state or federal law and complied with all other applicable state laws.
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 261-4-002 - APPRAISALS

Current through June 17, 2024
An appraisal with an "as of" date within six months prior to the purchase date of the tract must accompany each reimbursement request for funds. The cost of such appraisal may be eligible for cost share reimbursement. In the event the Commission or the Department is of the opinion that any appraisal is subject to question, the Department may hire an appraiser at state expense, to aid the Commission in making its decision whether or not to approve such appraisal.
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 261-4-003 - DAMAGE TO CROPS

Current through June 17, 2024
The local organization shall have the option:
(1) of giving the landowner the option of retaining his or her interest in the crops, in which event he or she shall be given a reasonable period of time in which to harvest the same; or
(2) of delaying the purchase until after the growing/harvesting season; or
(3) of the landowner receiving a damage payment for the crops destroyed based upon the appraisal; or
(4) in the event that the crop is purchased by the local organization, the purchase price, harvest expenses and management decisions and ultimate sales revenue shall be the sole responsibility of the local organization and neither related expenses nor revenues shall be applied to the project. When applicable (3 above), the local organization shall also cause an appraisal to be made of all crops which are growing on the land to be purchased. The cost of such appraisal may be eligible for cost share reimbursement.
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 261-4-004 - PURCHASE PRICE AND TOTAL COST OF ACQUISITION

Current through June 17, 2024
For all purposes of the administration of the Water Sustainability Fund, the terms "purchase price" and "total cost of acquisition" shall, in the absence of a condemnation proceeding, mean the amount actually paid by the local organization or the amount established by an appraisal whichever is the lesser amount. In the event of a condemnation proceeding, such terms shall mean the amount of damages awarded by a court of competent jurisdiction. Payments by a local organization in excess of any purchase price so established shall be the sole responsibility of the local organization and shall have no effect upon the distribution of any proceeds subsequently realized from the sale of the land or right-of-way.
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 261-4-005 - TITLE INSURANCE AND OTHER RELEVANT DOCUMENTS

Current through June 17, 2024
Before any funds are paid out to the local organization, such organization must furnish to the Department a copy of a title Insurance policy on the property or interest to be acquired, whether through purchase or condemnation. The title insurance policy must be from an insurance company authorized to provide such insurance in Nebraska. The local organization shall also furnish the Department with a copy of any completed purchase agreement (signed by both parties), a deed or easement with seal or filing stamp, the closing statement signed by both parties, all cancelled checks and any other written document demonstrating the terms and conditions of the proposed purchase. All reimbursement requests shall be itemized and packaged in the order of the itemized listing.
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 261-4-006 - EMINENT DOMAIN AWARDS

Current through June 17, 2024
If a local organization is unable to acquire an interest in real property for which an appraisal has been approved except through the power of eminent domain, approval by the Commission of any court award exceeding in amount such appraised value shall be required prior to the disbursement of any funds in excess of such appraised value. The Commission reserves the right to require that the local sponsor appeal such award if such award is deemed excessive or to allocate a percentage of the court award as provided in Chapter 4 Section 007.
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 261-4-007 - AMOUNT PAID

Current through June 17, 2024
007.01. The Commission reserves the right to approve or reject payment for any cost share reimbursement for purchases of any lands, easements, or rights-of-way if based on reports from the local organization or other information available to it, the Commission has reasonable grounds for concern that a project, or any portion of it, may not be completed. It may withhold or limit assistance to the organization for the acquisition of any lands, easements or rights-of-way needed for that project. Provided, however, any Commission action to refuse to assist an organization In paying the costs of acquisition of any interest In land shall not affect the organization's right to reimbursement for costs for which it has become legally obligated prior to such Commission action. In addition, such action shall not affect the organization's right to reimbursement for the cost share of land, or interests in land, acquired through condemnation actions commenced prior to the Commission action. 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, other state, federal or other sources of funding.
007.02. The amount which will be approved by the Commission for reimbursement from the Water Sustainability Fund shall not exceed the purchase price as defined in Chapter 4 Section 004.
007.03. If for any reason the local organization desires to sell any of its interest in real property, the local organization shall first make such request to and obtain approval of the Commission. If for any reason the local organization desires to rent any of its real property, the local organization shall first make such request to and obtain approval of the Director of the Department. The local organization must remit to the Department a pro rata share of the proceeds of any rental income or of any subsequent sale of such property. The pro rata share shall be equal to the percentage of the total cost of acquisition of such property made from any state allocation from the Water Sustainability Fund.
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 261-4-008 - DOCUMENTATION OF PURCHASE

Current through June 17, 2024
The local organization shall forward to the Department a copy of the deed, easement, court decree (in the case of a condemnation proceeding) or any other document or material deemed by the Department to be necessary for each transaction. Such deed, easement, court decree, etc. shall be verified by the clerk of the court or the register of deeds.
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 261-4-009 - STATE LIEN

Current through June 17, 2024
In instances where the WSF is used to acquire fee title interest in real property, the Department shall file a lien against the property, in the local courthouse, for the purpose of preventing the sale of the property without the prior approval of the Commission, as well as the funds interest in any rental or other income generated by the property.
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 261-4-010 - ANNUAL INSPECTION

Current through June 17, 2024
At least once each year during construction and once every five years after project close-out, a Department staff member and a representative of the appropriate local organization shall inspect each parcel of land for which fee title has been acquired. A report of the staff member's findings along with any suggestions or recommendations will be submitted to the local organization for follow-up action.
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 261-4-011 - ANNUAL FINANCIAL STATEMENT

Current through June 17, 2024
Each local organization holding fee title to lands purchased with Water Sustainability Funds shall submit a complete financial statement to the Department by August 1 of each year. Such required statement shall set forth the income received from such lands and also the expenses incurred in the maintenance, improvement, management, etc. of such lands. This financial statement is required in addition to any other statement or accounting required to be submitted by the local organization by law or otherwise.
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 261-4-012 - ANNUAL LEASE

Current through June 17, 2024
When appropriate, a Department staff member shall work with a local organization in preparing the annual lease for such property as was acquired, in whole or in part, with Water Sustainability Funds. Unless otherwise approved by the Director, leases shall commence on the first day of March and terminate on the last day of February of the year next ensuing. No lease shall be deemed effective unless and until it has been approved in writing by the Director.
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 261-4-013 - USE OF LEASE REVENUES

Current through June 17, 2024
Rental and lease revenues may be used for reasonable and necessary expenses Incurred by the local organization in the management of such lands with prior Department approval. As the Department Is responsible for overseeing the management of such lands, the local organization shall consult with the Department prior to such management action and shall keep the Department Informed of all matters relevant to property management.
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 261-4-014 - NOTIFYING PUBLIC BODIES OF PROPOSED SALES

Current through June 17, 2024
The Department shall notify the Governor of the State and the appropriate public districts, cities, counties, political subdivisions and agencies of the State or of the Federal government of the land(s) scheduled to be sold. Such notification shall indicate the proposed date(s) of sale and shall summarize the process by which public entities may acquire such lands for public purposes.
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 261-4-015 - NOTICE OF INTENT TO ACQUIRE OR RETAIN

Current through June 17, 2024
Any public district, city, county, political subdivision, or agency of the State or of the Federal government which is Interested in acquiring or retaining for public purposes land(s) purchased in whole or In part with Water Sustainability Funds shall notify the Department of such interest.
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 261-4-016 - APPRAISAL AND NOTIFICATION TO PUBLIC BODIES OF APPRAISED FAIR MARKET VALUE

Current through June 17, 2024
Whenever a public entity Indicates in accordance with Chapter 4 Section 017 that it is Interested in acquiring or retaining lands purchased in whole or in part with Water Sustainability Funds, the Department shall have an appraisal prepared for such lands in accordance with section  2-1502 R.S. Supp., 2000, as amended, and notify such public entity of the appraised fair market value. Such notification shall indicate the proposed date of sale, the appraised fair market value, and the requirements for purchase or retention by public bodies in accordance with Chapter 4 Section 020.
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 261-4-017 - ACQUISITION BY PUBLIC BODIES

Current through June 17, 2024
Any public district, city, county, political subdivision or agency of the State or of the Federal government which desires to acquire or retain for public purposes land(s) purchased in whole or in part with Water Sustainability Funds shall notify the Department of such desire by the date specified in the notification. A report explaining the public purpose to be made of such property shall be simultaneously submitted to the Department. Such report shall include a description of the public uses to be made of such property, a description of and timetable for improvements, if any, and a discussion of management techniques to be utilized to serve the proposed public purpose. The report shall also document the public entity's legal and financial abilities to acquire or retain such property and to implement the proposed public purpose. If acquisition of such lands for public use by a public body Is approved, the Department shall be reimbursed in the amount of the prorated share of the appraised fair market value that is equal to the percentage of the total cost of acquisition paid from the Fund and the local organization transferring the title to the acquiring public body shall be reimbursed In the amount of any remaining portion of the appraised fair market value, both reimbursements to occur within 90 days of such approval or approvals. All such proceeds to the Department shall be remitted to the State Treasurer for credit to the Fund. Proceeds from rents and other income shall be split In the same manor.
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 261-4-018 - CRITERIA FOR ACQUISITION BY PUBLIC BODIES

Current through June 17, 2024
018.01. Whenever a public entity indicates In accordance with Chapter 4 Section 019 that it desires to acquire or retain lands purchased in whole or in part with Water Sustainability Funds, the Commission shall determine whether the property should be so acquired or retained or whether it should be offered for sale at public auction In accordance with Chapter 4 Sections 024 through 029. In making such determination, the Commission shall consider the following factors:
018.01(A). The nature of the public purpose for which acquisition or retention is requested and the demand for such purpose in the area to be served thereby.
018.01(B) The nature of probable alternative uses for such property and their relative Importance in the community and the state.
018.01(C). The adequacy of the property to satisfy the proposed public purpose in comparison to its adequacy to satisfy probable alternative uses.
018.01(D). The relative economic impacts which could be anticipated in the community because of the proposed public purpose and probable alternative uses.
018.01(E). The legal and financial abilities of the public body to acquire or retain the property and to implement the proposed public purpose.
018.01(F). The compatibility of the proposed public purpose with operation and maintenance of the property for the purpose for which it was originally acquired and its consistency with accepted conservation principles.
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 261-4-019 - DESIRE TO ACQUIRE BY TWO OR MORE PUBLIC ENTITIES

Current through June 17, 2024
In the event that two or more public entities indicate a desire to purchase or retain the same land or right-of-way, the Commission shall evaluate each separately In accordance with Chapter 4 Section 020. If following such evaluation, more than one of the proposed purchases by public bodies Is deemed preferable to offering the property for sale at public auction, the Commission shall evaluate such proposals on their relative merits to determine which proposal would best serve the public interest.
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 261-4-020 - ACQUISITION OR RETENTION OF LESS THAN FULL PARCEL

Current through June 17, 2024
020.01. The acquisition or retention by public bodies of a parcel of land smaller in size than the parcel scheduled to be offered for sale will be approved only If such purchase or retention would satisfy the criteria of Chapter 4 Section 020 and if
020.01(A). It would have no anticipated adverse effect on the marketability of the remainder of the full parcel, and
020.01(B). No additional public purpose would be served by acquisition or retention by such public body of the remainder of the full parcel.
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 261-4-021 - AGREEMENT TO RETAIN IN PUBLIC USE

Current through June 17, 2024
As a condition to acquiring or retaining for public purposes any lands acquired in whole or in part with funds from the Water Sustainability Fund, the acquiring or retaining public body shall enter into an agreement with the Department. Such agreement, which shall remain in effect and be controlling as to the public body's utilization and disposition of the property for a period not to exceed the life of the project, shall specify the following terms and conditions:
021.01. The property shall, unless otherwise approved by the Commission, be retained by the public body for the public purposes specified in the report submitted pursuant to Chapter 4 Section 019.
021.02. No use shall be made of the property which is incompatible with the purposes for which it was originally acquired in whole or in part with funds from the Water Sustainability Fund without prior Commission approval.
021.03. Such public body shall not utilize the property or any part thereof for income production unless such income results from activities that benefit the maintenance of the property or to serving the public purposes for which the property was acquired or retained.
021.04. Any other terms or conditions which the Commission deems appropriate. A copy of such agreement shall be filed by the Department in the register of deeds office of the county in which such land or right-of-way is located.
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 261-4-022 - METHOD OF SALE

Current through June 17, 2024
When any lands involving these funds are to be sold, whether those lands are to be sold with or without improvements, such sale, unless governed by Chapter 4 Sections 019 through 023 shall be by public auction, sealed bid or other acceptable method. Prior to such sale the Department shall through the local organization:
022.01. Cause an appraisal to be made of such land,
022.02. Retain the services of a public auctioneer,
022.03. Cause legal notice thereof to be published.
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 261-4-023 - PUBLIC AUCTIONEERS

Current through June 17, 2024
In retaining the services of a public auctioneer for the sale at auction of any lands purchased in whole or in part with these funds, the Department shall select a public auctioneer, for the services of such public auctioneer, and over-see the contracting of said auctioneer with the local organization. Selection of the auctioneer shall be the responsibility of the Director of the Department. Fees associated with the appraisal, auctioneer, advertising and notice, and any other fees associated with the sale, provided they are approved by the Department in advance, are eligible for reimbursement from the sale proceeds prior to the disbursement split between the Department and the local organization.