Neb. Admin. Code tit. 97 — Board of Educational Lands and Funds

Chapter 1 General

Neb. Admin. Code tit. 97, ch. 1 General {#sec-97-nac-1 omnilex-key=us-ne-regs-official--title-97--97 NAC 1}

001 Introduction . The Board of Educational Lands and Funds is established by Article VII, Section 6 of the Nebraska Constitution and vested with the general management of all lands owned by the State of Nebraska and set apart in Trust for educational purposes. In the course of its management and the exercise of its powers, as Trustee, the guiding rule and principle of this Board is that such lands are held in Trust for support of the common schools and it is the duty of the Board so to administer this Trust as to secure the largest measure of legitimate and reasonable advantage to the School Trust.

002 Scope and Application . These rules and regulations shall be interpreted to supplement and augment applicable provisions of the Enabling Act of Congress and Nebraska Constitution, decisions of the Nebraska Supreme Court, and applicable laws.

003 Informal Procedures . Matters which may be acted upon without a hearing or other formal proceedings may be handled through correspondence or communication with the Executive Secretary and members of the Executive Secretary's staff.

004 Correspondence . All correspondence, payments, formal filings and other materials are to be delivered to the Board of Educational Lands and Funds at 555 North Cotner Boulevard, Lincoln, Nebraska 68505. No item delivered or mailed to the Board's fieldmen, or elsewhere, shall be deemed received by the Board until such time, if any, as it actually arrives at the Board's office.

005 Office . The Office of the Board of Educational Lands and Funds is located at 555 North Cotner Boulevard, Lincoln, Nebraska 68505. Office hours are from 8:00am to 5:00pm local time, Monday through Friday, excepting legal holidays..

006 Rules - Copies . Copies of these rules and regulations will be available for public distribution at the Board's office for a fee to be determined by the Board.

007 Forms - Copies . Copies of any forms required by these rules and regulations to be used will be made available upon request.

008 Appearances before the Board .

008.01 A lessee or other interested party may request an appearance before the Board at the irregular monthly meetings to state a request or grievance.

008.02 Request for such appearances shall be filed with the Executive Secretary 10 days prior to the next Board meeting. The time limitation may be waived if in the opinion of the Executive Secretary there exists an element of urgency for Board consideration of the request.

008.03 Upon receipt of a request for an appearance the Executive Secretary shall provide a time for a hearing on the next regular agenda. The individual will then be notified by mail of the time and date of his scheduled appearance. However, if the time limitation has been waived, notification of the individual will suffice if the party is informed by telephone or in person.

008.04 The party requesting the appearance may either represent himself or be represented by another person having appropriate authority to represent the requesting party.

008.05 Prior to the individual appearing before the Board, the Executive Secretary or his appointed representative will inform the Board of the facts concerning the individual's appearance and The requesting party will then be given an opportunity to state his position and request. The staff and/or the requesting party may produce information in the form of documents or oral testimony concerning the issue before the Board.

008.06 Prior to issuing a determination the Board may adjourn in Executive Session. However, any decision affecting the requesting party must be made by motion in open session. Should the board feel that additional time is needed to render a determination, they may postpone action until the following Board meeting or until such time as adequate information is available to make a decision.

008.07 The requesting party will be notified of the Board's action either while present in open session or by mail. Should either the requesting party or the Board desire a formal record of the appearance, the party desiring the formal record may utilize a reporting service at the expense of the party so requesting.

008.08 The Board in its own discretion may place a time limit on the presentation of arguments.

Chapter 1(001 - 008.08) - Sec. 72-201 Nebr. Rev. Stat.

History

• Effective 1988-02-01

Chapter 2 Personnel and Administrative Policies

Neb. Admin. Code tit. 97, ch. 2 Personnel and Administrative Policies {#sec-97-nac-2 omnilex-key=us-ne-regs-official--title-97--97 NAC 2}

001 DEFINITIONS

001.01 "Absence Without Leave" means the unauthorized absence of an employee from his place of duty during his normal duty hours.

001.02 "Adjustment of Pay" means a change in pay of an employee because of a revision of the pay schedule.

001.03 "Advancement in Pay" means an increase in the pay of an employee within the pay grade for his position.

001.04 "Service Date" is that chronological period in time that an employee completes a year or another year of service.

001.05 "Appointment" means the act of the Executive Secretary by which he fills a position.

001.06 "Board" means the Board of Educational Lands and Funds.

001.07 "Demotion" means changing an employee from one class of work to a different class of work at a lower pay rate.

001.08 "Discharge or Dismissal" means the disciplinary termination of employment of an employee for cause.

001.09 "Employee" means any person except the Executive Secretary in the employ of the Board who receives a salary or wage .

001.10 "Exempt Position" means a position excluded from the classified service.

001.11 "Executive Secretary" means the Administrative Head of the Board of Educational Lands and Funds.

001.12 "Interview" shall mean a meeting between a representative of the Board and a job applicant to determine whether or not an offer of employment should or should not be made.

001.13 "Lay Off" means the involuntary termination (reduction in force) of an employee or employees because of lack of work, lack of funds or reorganization.

001.14 "Leave Without Pay" means leave or time off from work for the employee's personal reasons granted by the Executive Secretary for which period the employee receives no pay.

001.15 "Leave of Absence" means leave or time off from work granted by the Executive Secretary for military service, educational improvement or other reasons considered beneficial to the Board for which period the employee receives military leave pay, a stipend or receives no pay.

001.16 "Minimum Qualifications" means the least amount of training and experience and other qualifications required to perform adequately in a specific position or class of positions.

001.17 "Permanent Employee" means an employee in a regular full-time or part-time position who has completed the required probationary period or who has acquired permanent status in accordance with these rules.

001.18 "Position" means a group of specific duties, tasks and responsibilities to be performed by one employee; a position may be part-time, full-time, temporary, permanent or emergency, occupied or vacant.

001.19 "Position Description" means the summary of the actual duties and responsibilities assigned to the incumbent of the position.

001.20 "Probationary Period" shall mean a period of time during which and employee is required to demonstrate his fitness for a particular position as a part of the selection process.

001.21 "Professional Association" shall mean an organization in which individual membership is limited to persons who by virtue of their training or position are eligible to join for the purpose of mutually exchanging information, techniques, etc.

001.22 "Promotion" means changing an employee from one class of work to another class of work at a higher rate of pay.

001.23 "Resignation" means the voluntary termination of employment by an employee.

001.24 "Retirement" means the transfer of an eligible employee from active to retired status.

001.25 "Reassignment" means the movement of an employee from one position to another position within an agency. A reassignment action does not require termination of the employee.

001.26 "Suspension" means an enforced leave of absence for disciplinary purposes or pending investigation of charges made against the employee.

001.27 "Temporary Employee" means an employee hired for a limited period of time to accomplish a specific task.

001.28 "Tenure" means the right to hold a position for the duration of acceptable performance and behavior.

001.29 "Tuition" shall mean the cost per credit hour of instruction at an accredited university or college.

002 POSITION CLASSIFICATION

002.01 General

002.01A The Executive Secretary shall maintain a classification plan based on an analysis of the duties of each position within the Agency.

002.01B Written specifications shall be adopted and maintained for positions in the classification plan. Each specification shall define the position; describe the most typical duties and responsibilities of the position; and summarize the minimum standards of training, experience and other qualifications required for appointment. Duties described in the specifications shall not be construed to restrict the assignment of other similar duties.

002.01C The assignment of duties to a position, the location of work, equipment and tools furnished, schedule and working conditions shall be the responsibility of the Executive Secretary.

002.01D The Executive Secretary may when it is in the best interest of the Board waive or substitute for the minimum qualifications set forth in the written specifications of the classification and pay plan.

002.02 Addition of New Positions

002.02A Additional positions may be established by the Executive Secretary as necessary.

002.02B The Executive Secretary shall define and classify the new positions as provided in Rule A (2).

002.03 Revision of Existing Positions

002.03A When substantial change in duties, responsibilities and/or qualifications of an existing position have been made, the Executive Secretary shall reclassify the existing position to reflect the changes.

002.03B The Executive Secretary shall establish a rate of compensation commensurate with the duties, responsibilities and/or qualifications created by the reclassification.

002.03C The effective date of the reclassified position shall be established by the Executive Secretary.

002.04 Deletion of Positions

002.04A Vacant positions.

002.04A1 The Executive Secretary shall have the authority to delete any existing vacant position previously established by acting thereon.

002.04A2 The effective date of the deletion of the position shall be established by the Executive Secretary.

002.04B Filled positions.

002.04B1 The Executive Secretary shall have the authority to delete an existing filled position when said position can no longer be justified.

002.04B2 The effective date of the deletion of the position shall be established by the Executive Secretary.

002.04B3 When a filled position is deleted, the incumbent may be reassigned, promoted or demoted by appropriate action in accordance with such further provisions as contained within these rules and regulations. In any case in which the incumbent is ineligible to be reassigned, promoted or demoted because of the deletion of his position the provisions of these rules and regulations regarding separation shall apply.

002.05 Classification Review

002.05A The Executive Secretary shall have the authority to review its position classifications at any time.

002.05B An employee of the Board may request a classification review of his own position at any time providing the position has not been reviewed within the previous six months. Said request shall be submitted to the Executive Secretary. The request shall be in writing and shall set forth the employee's reasons for requesting the reclassification.

002.05C The decision of the Executive Secretary shall be final regarding all requests for reclassification of positions.

003 COMPENSATION

003.01 Pay Plan

003.01A The Executive Secretary shall have on file a pay plan setting forth the rates of compensation for all positions it maintains within the Agency.

003.01B Said pay plan shall be utilized as a guideline for hiring, promoting, adjusting or demoting new or existing employees. It is not intended that this pay plan be in any way binding upon the Executive Secretary; the sole purpose of said plan is to serve as a guideline.

003.01C The Executive Secretary may revise the pay plan when position changes, availability of labor supply, prevailing rates of pay or economic conditions so dictate.

003.01D All new employees will normally be hired at the hiring rate of the pay grade for their position except as authorized in Paragraph Five (5) of this Section or when the Executive Secretary deems it in the best interest of the trust to hire an employee at a level of compensation other than as set forth in the pay plan.

003.01E The Executive Secretary may, at its discretion, offer applicants who exceed the minimum qualifications for a position classification any step higher than the beginning step of the pay grade for that position depending upon the applicant's qualifications and the needs of the Board. Such beginning salary would affect that person only, and would not require any salary changes for other incumbents in the same class of position.

003.01F The Executive Secretary shall consider promotions or demotions. Said promotions or demotions may be determined and the new rate of compensation established depending on the circumstances. The decision of the Executive Secretary may be appealed to the Board by the affected employee in accordance with Section VI, Paragraph F.

003.01G Any employee who returns from authorized military leave, or other authorized leave of absence, shall be paid at the same salary rate for which he would have been eligible had he not gone on leave.

003.02 Pay Advancements

003.02A A new employee who has performed in a satisfactory manner for a period of six months may be advanced to the minimum permanent rate of the pay grade for his position. Employees may be hired or promoted in excess of permanent rate. Said employees will serve a six month probationary period but will not receive a probationary increase other than cost of living increases or merit raises.

003.02B When the Executive Secretary considers an employee for a pay advancement, said advancement shall be without regard to economic conditions or cost of living factors. The purpose of the advancement shall be to reward an employee who has gained additional working experience or has performed in an exemplary fashion such as to warrant a pay increase.

003.02C The Executive Secretary shall in addition to pay advances prepare a proposal for a cost of living increase for all employees on or before July 1 of each fiscal year and shall submit the same to the Board for approval. The Board shall act upon the Executive Secretary's proposal by approving, disapproving, or amending the same.

003.03 General Pay Provisions

003.03A All rates of pay are based on a work year of 2080 hours. Employees starting work on a day other than the first day of a pay period or terminating on a day other than the last day of a pay period shall have their pay computed for the time worked during that pay period by multiplying the number of hours worked (including paid holidays) by the hourly rate specified for their annual pay rate .

003.03B Provisions of this section pertain to all employees with the exception of the Executive Secretary and other individuals so determined by the Board. Levels of compensation for the Executive Secretary and other indicated individuals shall be determined without regard to any provisions contained within these personnel rules.

004 PROBATIONARY PERIOD

004.01 Nature, Purpose and Duration

004.01A All employees shall serve a probationary period of six months. The probationary period may be extended not to exceed a maximum of twelve months on the written notification by the Executive Secretary to the employee. The probationary period shall be an essential part of the selection process and shall be utilized for the effective adjustment of a new employee and for the termination without recourse of any probationary employee whose performance does not meet the required standards.

004.02 Permanent Appointment or Termination

004.02A Permanent Appointment of a probationary employee shall begin following the date ending the probationary period.

004.02B If at any time during the probationary period it is determined that the services of the employee have not been of acceptable quality, the Executive Secretary shall so notify the employee in writing of the date his services are to be terminated. The termination notice shall be made a part of the official minute record of the Board.

004.02C If the Executive Secretary determines that the services of the employee have been acceptable, the appointment may become permanent and the employee is so notified.

005 SEPARATIONS, SUSPENSIONS, TENURE AND REINSTATEMENT

005.01 Resignations To resign in good standing an employee must give the Executive Secretary written notice at least fourteen (14) calendar days prior to termination unless the Executive Secretary agrees to permit a shorter period.

005.02 Tenure The tenure of office of every permanent employee shall be during good behavior and acceptable performance of his duties as recorded in his performance reports and other records. This provision shall not, however; be interpreted to prevent the separation of an employee for those causes set forth in sub-subdivision 006.03A3, Section 06, or the separation of an employee because of a lack of funds or curtailment of work when made in accordance with these rules.

005.03 Demotion The Executive Secretary may demote a permanent employee for any of the reasons set forth in Section 06, sub-subdivision 006.03A3. A written statement setting forth the specific cause for which the Executive Secretary has so acted shall be presented to the employee and a copy placed in his personnel file.

005.04 Suspension

005.04A The Executive Secretary may, for disciplinary purposes, suspend without pay any employee for such length of time as the Executive Secretary considers appropriate not exceeding 20 working days in any twelve-month period for any of the reasons set forth in sub-subdivision 006.03A3, Section 06.

005.04B In the case of suspension, a written statement setting forth specific cause under which the Executive Secretary has so acted shall be presented to the employee and a copy filed with his personnel record.

005.05 Dismissals

005.05A The Executive Secretary may dismiss any employee for any of the reasons set forth in sub-subdivision 006.03A3, Section 06. A written statement setting forth the specific cause under which the Executive Secretary has so acted will be presented to permanent full-time and permanent part-time employees fourteen (14) calendar days prior to the date the dismissal will become effective.

005.05B In extreme cases of flagrant violations which require immediate action, no prior written notice is necessary. In this event the employee so dismissed shall receive payment to and including the number of hours worked on the day of dismissal and such unused vacation leave as he may have earned during the current calendar year but he shall not receive additional pay in lieu of notice prior to the date of dismissal.

005.05C In all cases a written notice shall be prepared by the Executive Secretary and filed with the personnel file of the affected employee.

005.06 Retirement Retirement of State employees shall be governed by statute and the rules of the State Retirement Board.

006 CORRECTIVE AND DISCIPLINARY ACTIONS

006.01 Corrective Actions

006.01A "Corrective Actions" are those which do not effect current pay, status or tenure and are administered to correct and improve an employee's job performance.

006.01B Corrective actions shall include written warnings, reprimands and censures. Corrective actions may be administered concurrently with a disciplinary action.

006.02 Disciplinary Actions

006.02A "Disciplinary Actions" are those actions which reduce or otherwise affect current pay, status or tenure and are administered to discipline an employee for an offensive act or poor job performance. Disciplinary actions may be administered concurrently with a corrective action.

006.02B Disciplinary actions shall include suspension, not to exceed twenty working days, demotion, reduction of pay to a lower step in the pay grade of his position, and dismissal. Suspended employees shall not be granted vacation, sick or holiday leave or unused earned compensatory time off while in a suspended status, nor shall they earn vacation, sick, or holiday leave credit during the period of suspension.

006.03 Reasons for Administering Corrective and/or Disciplinary Actions

006.03A General reasons for administering corrective or disciplinary actions shall include, but are not limited to the following:

006.03A1 Violation of, or failure to comply with, the State Constitution of Statutes, an executive order, or published rules and regulations of the Board of Educational Lands and Funds.

006.03A2 Failure or refusal to comply with a lawful order or to accept a reasonable or proper assignment from an authorized supervisor.

006.03A3 Inefficiency, incompetency or negligence in the performance of duties.

006.03A4 Unauthorized possession of narcotics or other drugs and/or drinking alcoholic beverages while on duty.

006.03A5 Careless, negligent or improper use of State property, equipment or funds.

006.03A6 Use of undue influence to gain, or attempt to gain, a promotion, leave, favorable assignment or other individual benefit or advantage.

006.03A7 Falsification, fraud or omission of information in applying for a position.

006.03A8 Unauthorized or improper use of any type of leave.

006.03A9 Failure to maintain satisfactory or harmonious relations with the public or other employees.

006.03A10 Failure to obtain and maintain a current license or certificate required by law or the Board's standards as a condition of employment.

006.03A11 Failure or inability to complete a required training program which is a part of the job assignment.

006.03A12 Conviction of a felony charged by a court of proper jurisdiction provided the employee is not placed on probation by the court.

006.03A13 Conduct unbecoming a state officer or employee.

006.03A14 Failure to make a reasonable provision for payment of just debts.

006.03A15 Repeated tardiness or absence without leave.

006.03A16 For other good and sufficient reasons, based on sufficient and competent evidence.

006.04 Administering Corrective and Disciplinary Actions

006.04A Responsibility to administer corrective and disciplinary action shall be vested in the Executive Secretary.

006.04B The decision to administer corrective or disciplinary actions shall be governed by the nature, extent, seriousness and effect of the act, error or omission; the type and frequency of previous violations; the period of time elapsed since a prior offensive act; and consideration of mitigating circumstances.

006.04C The Executive Secretary upon obtaining information which would indicate the possibility of administering corrective or disciplinary action, shall meet with the employee to verify the information and afford the employee the opportunity to refute the information or present mitigating evidence.

006.04D Based upon information and evidence presented and the individual circumstances of the case, the Executive Secretary shall determine the appropriate action to be taken.

006.04E If a corrective action is administered, the employee shall be advised in writing of his error or failure, the corrective action he should take, the consequences he will face if he fails to follow correctiye instructions. A copy of this notice shall be placed in the employee's personnel file.

006.04F If a disciplinary action is imposed, the employee shall be advised in writing of the specific details of the offense, the disciplinary actions being administered, why it is being imposed and, if appropriate, the corrective actions he should take and the consequences he will face for future violations. The Executive Secretary shall reduce its official action to writing for deposit in the employee's personnel file.

006.04G No derogatory record or comment may be placed in an employee's personnel file unless notice of such action is given in writing to the employee.

006.05 Appeals

006.05A An employee who is aggrieved as the result of the interpretation and/or application of the Board's rules and regulations, disciplinary action, alleged discrimination or unfair treatment or unsafe or unhealthy working conditions shall have the right of appeal to the Board of Educational Lands and Funds, meeting in regular session.

006.05B Initiation of an appeal from dismissal, suspension, or demotion, shall in no way affect the effective date of dismissal, suspension, or demotion.

006.05C Employees who are dismissed without recourse during their probationary period of employment shall not have the right of appeal.

006.05D Should an employee be represented by an attorney in an appeal before the Board, any payment due the attorney shall be the responsibility of the employee.

006.06 Appeal Procedures

006.06A The employee shall first orally present his grievance to the Executive Secretary within ten days of the occurrence which caused the grievance. The Executive Secretary and grievant shall attempt to informally arrive at an answer within three working days. If the answer is not satisfactory to the grievant, the grievant shall reduce his grievance to writing and present the same to the Executive Secretary.

006.06B Upon a grievance being reduced to writing, the same shall be presented to the Board of Educational Lands and Funds at its next regular meeting. Said grievance shall become a part of the Board of Educational Lands and Funds regular agenda and shall be heard in open or executive session as the employee desires.

006.06C The grievant shall be given an opportunity to present arguments concerning his grievance to the Board.

006.06D The Board shall notify the grievant within ten days after its regular meeting of its decision concerning the grievance. This time may be extended by stipulation entered into between the Board and the grievant.

006.06E Upon notification by the Board to the grievant of its decision concerning the grievance, the grievant shall have the right of appeal from the decision of the Board as provided under Section 84-917, R.S., Neb. 1943 (Reissue of 1971).

007 EMPLOYEE ABSENCES

007.01 Types of Leave The following types of leave are established and shall apply to all employees covered by these rules and regulations:

007.01A Paid Holidays

007.01B Vacation Leave

007.01C Sick Leave

007.01D Injury Leave

007.01E Military Leave

007.01F Civil Leave

007.01G Leave of Absence

007.01H Funeral Leave

007.01I Administrative Leave

007.02 Records to be Maintained

007.02A The Executive Secretary shall maintain a record of each employee accounting for time worked and all absences from work. The record shall include a compilation of (a) vacation leave earned, used and unused; and (b) sick leave earned, used and unused. Such records shall be maintained in the manner prescribed by the Executive Secretary and shall be documentary evidence to support and justify authorized absence from work with or without pay.

007.03 Paid Holidays

007.03A The following, and days declared by law or proclamation of the President or Governor, shall be paid holidays for all employees and shall be observed on these dates or days, or on such different dates or days as may be hereafter provided by law:

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007.03B When a holiday falls on a Saturday, it shall be observed on the preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday.

007.03C Permanent full-time and permanent part-time employees who are required to work on a holiday shall be granted either compensatory time off or be paid overtime pay for the time worked in accordance with existing state or federal statutes.

007.03D Permanent part-time employees shall be eligible for paid holidays on a pro-rata basis provided that:

007.03D1 The holiday falls on a day he would normally have been scheduled to work; and

007.03D2 The pay or compensatory time off he receives shall be for the number of hours he would have been scheduled to work.

007.03E Temporary employees shall not be eligible for paid holidays and if required to work on a holiday shall be paid for the time worked at their normal rate of pay.

007.03F If a holiday occurs while an employee is on Workmen's Compensation or other disability compensation, no credit for the holiday shall be allowed.

007.03G In order to receive pay for an observed holiday an employee must not have been absent without pay on the work day immediately preceding or following the holiday .

007.04 Vacation Leave

007.04A Board of Educational Lands and Funds employees shall during each year of continuous employment, be entitled to vacation leave with full pay based on the following schedule:

007.04B Employees who are regularly employed less than forty hours a week shall be entitled to vacation leave proportionate to their regular work week.

007.04C For the purposes of this provision, an employee who has terminated his employment with any State Agency for any reason other than disciplinary and who returns to state employment with the Board of Educational Lands and Funds within one year from the date of termination shall have his service for vacation leave entitlement computed by combining prior continuous service with current continuous service.

007.04D The vacation leave account of each employee shall be balanced as of December 31 of each year. Each employee shall be entitled to have accumulated as of December 31 of each calendar year and carried forward into the next year such employee's earned vacation leave totaling 280 hours (35 days), or such greater amount as is hereafter permitted to be so accumulated and carried over by employees of those state agencies which are subject to the Nebraska Classified System Personnel Rules or its equivalent, plus any additional amount authorized by past or future specific action of the Board with the concurrence of a majority of its members. Earned vacation leave of any employee in excess of the amount so permitted to be accumulated and carried over shall be forfeited and lost by such employee as of December 31 of each calendar year. Any employee shall be entitled to use vacation leave as soon as it has accrued.

007.04E In special instances where because of exceptional workload or other meritorious reason, the Executive Secretary may allow an employee to carry over an additional forty hours of vacation leave.

007.04F Each employee, upon retirement, dismissal, or voluntary separation from the Board, shall be paid for unused accumulated vacation leave. Upon the death of an employee, his beneficiary shall be paid for his unused accumulated vacation leave.

007.04G Temporary employees shall not earn, accumulate, or be granted vacation leave. Prior, current or future service performed in a temporary status shall not be considered in computing years of service for vacation leave entitlement.

007.04H Vacation leave must be applied for by the employee and may be used only when approved by the Executive Secretary, who shall designate such time or times when it will least interfere with the efficient operation of the agency. However, this action must not be arbitrary and he may not unreasonably defer the taking of vacation leave so that for all practical purposes the employee is derived of his vacation rights.

007.04I The Executive Secretary may at its discretion advance leave to an employee in an amount not to exceed that which the employee would earn during that calendar year.

007.04J Employees who have worked less than one full calendar year will earn vacation leave in an amount proportionate to the time worked during the calendar year.

007.04K Vacation leave shall not accrue to an employee on leave of absence without pay, suspension or layoff.

007.04L Vacation leave shall be taken on normal work hour basis. Holidays falling within a period of vacation leave shall not be counted as work hours.

007.04M An employee who is eligible for retirement and who elects to receive payment for one-fourth of his accumulated unused sick leave upon termination or retirement from state employment and subsequently returns to state employment shall be considered a new employee without any prior service when determining entitlement to an accumulation of vacation leave.

007.04N An employee who leaves state service as a result of a bona fide reduction in force and later returns to state service as an employee of the Board of Educational Lands and Funds shall count prior continuous service in computing years of service for vacation leave entitlement.

007.05 Sick Leave

007.05A Permanent employees of the Board shall be entitled to sick leave with full pay computed at a rate of eight work hours per month for each calendar month of service. Those employees who have completed five or more years of service shall be entitled to sick leave in accordance with the following schedule:

007.05B Employees who are regularly employed less than forty hours a week shall be entitled sick leave proportionate to their regular work week.

007.05C For the purpose of this rule, any employee whose employment has been terminated, for other than disciplinary reasons, and who returns to state employment within one year from the date of such termination shall have his service for sick leave entitlement computed by combining prior continuous service with current continuous service.

007.05D The sick leave account of each employee shall be balanced as of December 31 each year . Each employee shall be entitled to have accumulated as of December 31 of each calendar year and carried forward into the next year such employee's earned sick leave totaling 1440 hours (180 days), or such greater amount as is hereafter permitted to be so accumulated and carried over by employees of those state agencies which are subject to the Nebraska Classified System Personnel Rules or its equivalent, plus any additional amount authorized by past or future specific action of the Board with the concurrence of a majority of its members . Earned sick leave of any employee in excess of the amount so permitted to be accumulated and carried over shall be forfeited and lost by such employee as of December 31 of each calendar year. Any employee shall be entitled to use sick leave as soon as it has accrued.

007.05E All sick leave shall expire on the date of separation and no employee shall be reimbursed for sick leave outstanding at the time of termination, except as further provided herein. Each employee who is eligible for retirement under any existing state or federal retirement system shall, upon termination in good standing of his employment with the state by reason of retirement or voluntary resignation, be entitled to payment one-fourth of his accumulated unused sick leave, with the rate of payment based on his regular pay at the time of termination or retirement. Upon the death of an employee his beneficiary shall be paid one-fourth of his accumulated unused sick leave, with the rate of payment based on his regular pay at the date of his death.

007.05F A permanent employee who transfers from another state agency to the Board of Educational Lands and Funds shall have his accrued sick leave transferred to the Board.

007.05G Sick leave is defined to mean a period in which the employee is incapacitated for the performance of his duties by sickness or injury not arising from the course of his employment; or medical, surgical, dental or optical examination, or treatment; or when by reason of his exposure to contagious disease, his presence at his post would jeopardize the health of others; or when illness of, or injury to, a member of the immediate family residing in his household demands his presence.

007.05H Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom are, for all job-related purposes, temporary disabilities and will be treated as such under these rules and regulations for sick leave.

007.05I Pregnant employees will be expected to work prior to childbirth as long as they are able to perform their normal duties or until their physician advises otherwise. They will be expected to return to work after childbirth, miscarriage or abortion as soon as they can be reasonably expected to perform their normal duties.

007.05J Sick leave may not be taken in advance except that the Executive Secretary may advance up to one year's sick leave entitlement to employees. Employees shall reimburse the State for all used unearned sick leave upon termination.

007.05K Sick leave shall be requested in advance whenever possible, i.e., dental appointments, physical examinations, etc. In the case of sickness, injury, emergencies or other absence not approved in advance, the employee shall advise his supervisor of the circumstances as soon as possible and immediately upon return to work shall fill out a sick leave request form explaining the absence.

007.05L Sick leave shall be denied when the Executive Secretary has facts to show that an employee is abusing sick leave privileges.

007.05M Sick leave shall be taken on a working hour basis. Holidays falling within a period of sick leave shall not count as work hours.

007.05N Sick leave shall not accrue during leave of absence, leave without pay, suspension or layoff.

007.05O If an absence because of illness or injury not arising from the course of employment extends beyond the sick leave accrued to the credit of a permanent employee, such additional time shall be charged to the vacation leave. If all accrued sick and vacation leave is used, the employee may be granted continued sick leave without pay at the discretion of the Executive Secretary. Included are absences caused by pregnancy, miscarriage, abortions, childbirth and recovery therefrom.

007.05P An employee who is eligible for retirement and who elects to receive payment for one fourth of his accumulated unused sick leave upon termination or retirement from state employment and subsequently returns to state employment shall be considered to be a new employee without any prior service when determining entitlement to an accumulation of sick leave.

007.05Q For sick leave purposes a reinstated employee is a new employee except as provided for by statutes and these rules and regulations. An employee who leaves the Board's service as the result of a bona fide reduction in force and later returns to the Board shall count prior continuous service in computing years of service for sick leave entitlement. An employee who has left the Board's service and returns within a year shall have reinstated to his sick leave account all earned sick leave not used at the time of his departure.

007.05R Temporary employees shall not earn, accumulate, or be granted sick leave. Prior, current or future service performed in a temporary status shall not be considered in computing years of service for sick leave entitlement.

007.06 Funeral Leave

007.06A Up to five days of funeral leave may be granted for funerals in the immediate family. For funerals of persons not in the immediate family, up to one day funeral leave may be granted at the discretion of the Executive Secretary. Funeral leave shall not be charged to sick leave or vacation leave.

007.06B Immediate family shall mean: wife, husband, children, parents, children-in-law, grandchildren, grandparents, brothers, sisters, brothers-in-law, sisters-in-law or persons bearing the same relationship to the spouse.

007.07 Injury Leave

007.07A All employees of the Board are subject to the provisions of the Workmen's Compensation Act, and are entitled to the benefits of that law on account,of injury or occupational disease arising out of and in the course of their employment.

007.07B Injury or occupational disease occurring out of and in the course of employment shall be reported to the Executive Secretary as soon as possible and the Executive Secretary shall fill out the reports necessary and supply needed information to the Secretary of the State Claims Board who will file the necessary reports with, the Workmen's Compensation Court.

007.07C An employee entitled to be paid Workmen's Compensation for temporary disability shall be granted injury leave with full pay for the first five work days of such disability including the day of injury (if disability began that day). At the expiration of the injury leave, provisions of the Workmen's Compensation Act shall apply. Injury leave shall not be charged to vacation or sick leave.

007.07D An employee who is receiving Workmen's Compensation for an injury or occupational disease occurring out of and in the course of employment, shall have the option of electing to use his accumulated unused sick and/or vacation leave to supplement his Workmen's Compensation up to but not to exceed his regular rate of pay. Employees selecting this option shall be charged sick or vacation leave in proportion to the amount of money paid.by the Board.

007.07E Paid holidays falling within the period when an employee is being paid by Workmen's Compensation and is using sick and/or vacation leave shall not be considered as a paid holiday.

007.08 Military Leave

007.08A All employees of the Board who are members of the following military units shall be granted military leave in accordance with Section 55-160 and 55-161 Reissue, Revised Statutes of Nebraska, 1943.

007.08A1 National Guard

007.08A2 Army Reserve

007.08A3 Navy Reserve

007.08A4 Marine Corps Reserve

007.08A5 Air Force Reserve

007.08A6 Coast Guard Reserve

007.08B All employees of the Board who leave a position other than temporary to undergo military training with the armed forces of the United States or undertake military duty in the active service of the state shall be entitled to receive the difference between their full state pay and their military pay and re-employment rights in accordance with Section 55-156.01 Reissue, Revised Statutes of Nebraska, 1943, as amended by the 1969 Cumulative Supplement thereto.

007.09 Civil Leave

007.09A An employee shall be given necessary time off without loss of pay when performing jury duty, performing emergency civilian duty in connection with national defense or a national disaster, and subject to the provisions of Section 32-1046 R.R.S., 1943, not to exceed two hours for the purpose of voting. Civil leave does not include leave for military duty in connection with national defense, national disasters or civil disturbances.

007.09B When an employee is served with a notice to serve as a juror and does so serve, he shall be excused with pay while actually on order of the court and may also retain fees paid him as a juror.

007.09C When it is necessary that an employee appear in court, he shall be subpoenaed, unless he is required to appear in the normal course of his employment, and shall report receipt of the subpoena to the Executive Secretary. When an employee is subpoenaed, leave with pay will normally be granted.

007.09D An employee attending court as a party plaintiff or party defendant on a personal matter may elect to have such time charged to his vacation leave or may have a leave of absence without pay.

007.09E Board employees residing and voting in counties having Election Commissioners shall not serve as judges or clerks of elections.

007.10 Leave of Absence

007.10A The Executive Secretary may grant a permanent employee leave of absence for a period not to exceed one year when it is in the best interest of the Trust to do so.

007.10B The employee's request for leave of absence shall be considered when he has shown by his record to be of more than average value to the Board and when it is desirable to retain the employee even at some sacrifice.

007.10C During an employee's approved· leave of absence his position may be filled by employing a substitute for the period of incumbent's absence or by temporary reassignment of any qualified employee.

007.10D At the expiration of the leave of absence to the employee has the right to, and shall be reinstated to, the position he vacated or to a like position.

007.10E Approved leave of absence shall not constitute a break in service except that the State Employees Retirement Law shall govern as to the status of an employee's membership in the retirement plan.

007.10F Vacation and sick leave shall not accrue while on leave of absence; however, sick leave earned, but not used prior to leave of absence, shall be carried forward upon employee's return to duty.

007.11 Absence Without Leave

007.11A Absence by an employee from his place of duty not specifically authorized or covered by a:

1. Paid Holiday

2. Vacation Leave

3. Sick Leave

4. Injury Leave

5. Military Leave

6. Civil Leave

7. Administrative Leave

8. Leave of Absence

9. Funeral Leave

10. Compensatory time off

shall be charged as absence without leave.

007.11B Absences without leave shall be in a nonpay status and will be cause for reprimand, suspension without pay or dismissal at the discretion of the Executive Secretary.

008 PERFORMANCE REPORTS

008.01 General

008.01A The performance report program is designed to provide a channel of communication between the Executive Secretary and the employee. If conscientiously applied, the program will enable the employee to become increasingly aware of the importance of his job, his manner of performance and the level of performance the Executive Secretary expects. It will also inform him of areas of weakness, or of areas of praiseworthy performance. The report can be used as a guideline for considering employees for advancements in pay and promotion.

008.02 Frequency of Reports

008.02A Annual performance reports shall be prepared on all permanent full- time and part-time employees on December 31 of each calendar year. Additional reports shall be prepared when the Executive Secretary desires to record instance of performance worthy of recognition, either favorable or unfavorable.

008.03 Rating Officials

008.03A Employees shall be rated by the Executive Secretary and other individuals so designated by the Executive Secretary .

008.04 Review of the Report

008.04A The Executive Secretary shall sign the report and file a copy thereof with the employee's personnel file.

008.04B The Executive Secretary shall discuss the report with the employee being rated, pointing out to him obvious weaknesses, strong points, etc.

008.04C The employee being rated shall indicate by signature that the report has been discussed with him. His signature does not imply that he agrees with the report. If the employee desires, he may submit a written statement that shall be attached to the report and become a permanent part thereof.

009 EMPLOYEE AIDS AND SERVICES

009.01 Types of Employee Aids and Services

009.01A The following employee aids and services are established and shall apply to all employees covered by these rules and regulations.

1. Employee Tuition Assistance Program

2. Relocation Allowances

3. Memberships in Professional Association

4. Interview Expenses

009.02 Employee Tuition Assistance Program

009.02A Permanent full-time employees may enroll in an accredited university or college for a course of instruction that is significantly related to their job. The courses may be by correspondence or attendance at classes during working or non-working hours.

009.02B No more than six (6) semester hours credit may be carried per semester.

009.02C If employee requests to attend class during his normal working hours, he must arrange his work schedule so that he continues to work his normal number of hours per week, or he must use his earned compensatory or vacation time.

009.02D Employees successfully completing the course with a grade of "C" or equivalent shall, if funds are available, be reimbursed for 50% of the tuition cost. Tuition cost shall be the cost per credit hour and shall not include fees or the cost of books.

009.02E Employees eligible for reimbursement of tuition costs through other governmental programs are expected to avail themselves of these programs. If the cost of an approved course is more than the amount available from other sources, the Board may reimburse the employee for 50% of the difference.

009.02F Employees desiring to participate in this program shall apply in writing together with notification of acceptance from the university or college, to the Board through the Executive Secretary. Approval or disapproval by the Board shall be final.

009.03 Relocation Allowance

009.03A Permanent full-time employees relocated to another geographical area within the state for the benefit of the Board may be reimbursed for reasonable expenses incurred for the transportation of his household goods, family and himself.

009.03B Permanent full-time employees relocating to another geographical area of the state at their request and for their personal benefit shall not be reimbursed for expenses incurred.

009.03C The Board may reimburse a newly appointed employee for reasonable expenses incurred in relocating to his place of employment provided that the employee agrees in writing to remain in the employment of the Board for a period of one year. Termination for any reason not beyond his control shall be cause for him to reimburse the Board for relocation expenses.

009.03D Pay of relocation expenses shall not be made to any employee until, a receipted statement from the moving company and in case of a new employee a signed agreement to remain in the Board's employ for one year, are received by the Executive Secretary.

009.03E It shall be the responsibility of the Executive Secretary to establish agency procedures and policies necessary to administer the relocation of the Board's employees.

009.04 General

Expenditure of funds available for these programs shall be made only after the prior approval of the Board.

010 MISCELLANEOUS

010.01 Attendance

010.01A The Executive Secretary shall establish a work schedule for employees.

010.01B The Executive Secretary shall be authorized to formulate and issue rules and regulations covering special employment conditions.

010.01C The basic work week is forty hours.

010.01D The office hours shall normally be from 8:00 am. to 5:00 p.m., Monday through Friday. The normal work day shall begin at 8:00 a.m. and end at 5:00 p.m., with one hour lunch period to be established by the Executive Secretary between the hours of 11:30 a.m. and 1:30 p.m.

010.01E The normal work week shall begin at 8:00 a.m. on Monday and end at 5:00 p.m. on Friday.

010.01F The Executive Secretary may grant employees a rest period of twenty minutes each morning and each afternoon. These rest periods shall not be taken prior to 9:00 a.m. or after 4:00 p.m.

010.02 Employee Personal Appearance

All employees shall maintain a high standard of dress and personal grooming at all times during working hours. Clothing shall be in good taste and reflect the pertinent working condition.

010.03 Prohibition of Discrimination

010.03A Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personal action, because of political or religious opinions or affiliations, or because of race or age or sex in conformity with applicable laws, or national origin or other non-merit factors, is prohibited.

010.04 Political Activity

010.04A All employees of the Board subject to the provisions of these rules and regulations are prohibited from holding office in any political party.

010.04B Employees are prohibited from participation in political activities during office hours or while otherwise engaged in the performance of official duties as employees of the Board.

010.04C Political activities not prohibited by law, such as the holding of strictly local non-partisan offices, are authorized except in instances where such activities may interfere with performance of assigned duties.

010.05 Overtime

010.05A Employees may be required to work more than forty hours in any week. Except as set forth in 2 and 3 below and when not otherwise provided for by the Federal Fair Labor Standards Act, employees required to work more than forty hours per week in an emergency shall be granted equivalent (compensatory) time off. or be paid a sum equivalent to one and one half times his hourly pay or his monthly pay prorated on an hourly basis for such overtime hours.

010.05B Granting of pay or compensatory time off for overtime accrued by the Executive Secretary shall be at the discretion of the Board.

010.05C Travel time to and from an employee's place of work, meetings, conferences, etc., shall not be considered overtime work unless otherwise provided by Federal statute. Compensation granted for such travel time shall be at the discretion of the Executive Secretary. This provision shall not affect entitlement to travel and expense allowance.

010.06 Outside Employment

A full-time employee, with the prior approval of the Board, may engage in outside employment or acquire private interest in business provided such employment interests do not interfere with efficient performance of his duties or conflict with the interest of the Board.

010.07 Records to be Maintained by the Board

010.07A The Board shall maintain the following listed personnel records:

1. Individual vacation and sick leave record.

2. Copy of each performance report.

3. Copy of any corrective and/or disciplinary action correspondence.

4. Copy of any suspension notices.

5. Copy of any favorable communications including evidence of self-improvement efforts.

6. Copy of any unfavorable communications.

Chapter 2(001-010.07A) - Nebraska Constitution, Article 7, Section 1; Section 72-201 Nebr. Rev. Stat.

History

• Effective 1990-05-07

Chapter 3 Leasing of Agricultural Lands

Neb. Admin. Code tit. 97, ch. 3 Leasing of Agricultural Lands {#sec-97-nac-3 omnilex-key=us-ne-regs-official--title-97--97 NAC 3}

001 General . The Board will grant all types of leases.

002 Form . The lease application and agreement form as adopted, and which is subject to amendment or supplementation will be set out in Appendix A of these rules. Said lease application and agreement form will hereinafter be referred to as the lease.

003 Information Contained . The lease must be executed under oath by the applicant, or his authorized agent or attorney, or an authorized officer or agent of a corporation.

004 Notice of Sale . Notice of Educational Lands Lease Sales will be published in a newspaper of general circulation in the county where the land to be leased is located for three consecutive weeks prior to the sale.

005 Location of Sale . Sale of Educational Lands Leases will be conducted by an authorized representative of the Board of Educational Lands and Funds at the county courthouse or other suitable location in the county in which the land is being offered.

006 Bidder Eligibility . Any person who is eligible to make a contract in accordance with Nebraska Laws is eligible to bid on school land leases with the following exception: no lessee or former lessee who owes any delinquent rental shall be eligible to bid on a lease unless such delinquent rental, interest, and fees are first paid in full.

007 Territorial Limit . No individual, partnership or corporation shall be entitled to hold under lease a total of more than 640 acres of state educational land, whether the same be acquired by direct lease or by assignment; provided, said limitation shall not apply where the land to be leased is bound entirely on one side thereof by land owned or operated by such applicant or assignees.

008 Sale Procedures . An authorized representative of the Board of Educational Lands and Funds will be in charge of all school land lease sales. Before an individual may bid on a tract being offered for sale, he must file a bank draft, cashier's check, certified check or cash equivalent to the annual rental of said tract. This may be accomplished by depositing said security with the County Treasurer or a representative of the Board of Educational Lands and Funds who is conducting the sale. The rental deposit may be submitted at the time prior to the final fall of the gavel. Said rental deposit shall be applied on the first year's annual rental upon acceptance of the bid by the Board. In the event such deposit is in excess of the first year's annual rental, the bidder shall be given an opportunity to substitute a bank draft, cashier's check, certified check or cash equivalent to the annual rental of the subject tract.

009 Bidding Procedures . A bidder may move a rental deposit from one tract to another as long as the unencumbered portion of said deposit is equivalent to or in excess of the annual rental of the tract presently receiving bids.

010 Bidding; Recess . The representative of the Board of Educational Lands and Funds in charge of the lease sale may, at his option, declare a recess during the bidding of a tract of land being offered for lease.

011 Board Approval . All sales of educational land at public auction are considered to be non-revocable offers, which only upon acceptance and approval by the Board of Educational Lands and Funds, meeting in regular session, shall become binding contracts.

012 Past Due Rental; Interest Provision And Processing Fee . All rental payments are due semi-annually in the office of the Board of Educational Lands and Funds on or before the first day of January for the ensuing six-month period, and, on or before the first day of July for that ensuing six-month period. Interest at an annual rate of nine percent (9%) shall. be charged on any past due balance and a processing fee of twenty-five dollars ($25.00) shall be charged if any rental is past due more than thirty (30) days.

013 Delinquent Rental; Fees . With respect to delinquent rental, the following fees shall be charged: for notice of delinquent account, three dollars ($3.00); for forfeiture processing, two hundred dollars ($200.00); for reinstatement of account, if redemption is made prior to the date when notice of publication is made, five dollars ($5.00).

014 Post-Sale Pre-Confirmation Bid For Lease Auction . In order to obtain the best possible price for the utilization of school lands and to be in compliance with Nebraska Supreme Court decisions including State ex. rel. Raitt v. Peterson, 156 Neb. 678, 57 NW2d 280, the Board will accept post-sale pre-confirmation bids for lease auctions so long as said bids conform with the following requisites. Any person wishing to submit a post-sale pre-confirmation bid in excess of the highest bid made at the public auction must submit with such bid (1) a certified check, bank money order, or cashier's check in the full amount of the sum of (a) One Thousand Dollars ($1,000.00) or One Hundred Twenty Percent (120%) of the previous high bonus bid, whichever is greater, which amount shall be the opening bonus bid at the second sale, and (b) the full amount of the annual rental for the tract involved; and (2) a certified check, bank money order, or cashier's check in the amount of $500.00 representing a fixed amount as fair compensation for holding a second sale. The $500.00 fee for holding a second sale shall be deposited in the Temporary School Fund and will not be refunded regardless of who shall eventually be the successful bidder. In the absence of unusual circumstances, which shall be determined solely by the Board, not more than one post-sale pre-confirmation bid shall be accepted on any one tract.

015 Certifying Cropground Acres To the ASCS . Lessees shall certify to the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture (the ASCS) all cropground acres on educational land. Such certifications shall cover all cropground acres, including those deferred, set aside or otherwise idle; shall be submitted to the ASCS at least annually, and more frequently if required by the ASCS; and shall be maintained with the ASCS in current status at all times.

Chapter 3 (001-015) Sec. 72-232 Nebr. Rev. Stat.

History

• Effective 1990-10-03

Chapter 4 Subsurface Leases

Neb. Admin. Code tit. 97, ch. 4 Subsurface Leases {#sec-97-nac-4 omnilex-key=us-ne-regs-official--title-97--97 NAC 4}

001 Oil And Gas Leases

001.01 General. The Board will grant an industry standard lease.

001.02 Form. The lease application and agreement form as adopted, and which is subject to amendment of supplementation will be set out in Appendix A of these rules. Said lease application and agreement form will be hereinafter referred to as the lease.

001.03 Information Contained. The lease must be executed under oath by the applicant, or his authorized agent or attorney, or an authorized officer or agent of a corporation.

001.04 Certified Remittance. Lease applications must be accompanied by a certified remittance in the amount of fifty cents (50¢) or one dollar ($1.00) per acre. The application will specify a minimum annual delay rental of fifty cents (50¢) per acre with the exception of the following counties which will be one dollar ($1.00) per acre minimum annual delay rental:

BANNER CHASE CHEYENNE DEUEL DUNDY FRONTIER FURNAS GARDEN HAYES HITCHCOCK KIMBALL MORRILL RED WILLOW SCOTTS BLUFF

If the applicant is not the successful bidder at the sale, all checks will be returned.

001.05 Location of Sale. Location of the sale will be contained within the sale publication.

001.06 Notification of Sale.

001.06A Notice of tracts offered for sale will be published for two consecutive weeks in a newspaper of general circulation in the county and in such additional publications as the Board may direct.

001.06B Sale notices will be circulated to those who place their names on the. Board's mailing list.

001.07 Sale Procedure

001.07A Upon the date advertised as sale date, an authorized representative of the Board shall sell at public auction by oral bidding all leases that have been requested for sale.

001.07B Leases will be sold to the highest bonus bidder. All bidding will begin at SO¢ per acre with the exception of the above-stated counties, which will begin at $1.00 per acre or applicant's bid, and bids must be increased in increments of a 10¢ or more per acre.

001.07C The successful bidder will also assume the proportionate cost of the sale advertising according to the number of tracts sold.

001.07D An eligible bidder may submit an irrevocable written bonus bid, which bid must be accompanied by a certified check or cashier's check in an amount equivalent to the first year's annual delay rental and the bonus bid. Said bonus bid will thereby become the opening bid at the public auction.

001.08 Bidder and Leaseholder Eligibility. Any person who is eligible to make a contract in accordance with Nebraska Laws is eligible to bid on school land leases and hold said lease.

001.09 Term of Years. Leases will provide for a term not to exceed ten (10) years, and as long thereafter as oil and gas is produced in paying quantities from the land covered thereby.

001.10 Territorial Limits. There is no maximum limit on acres leased by any one person, corporation or other legal entity. However, no lease will be offered for sale unless all Board controlled, State-owned acres in the section are included in the lease.

001.11 Bonding Requirement

001.11A Every successful bidder shall be required to furnish a bond in the amount of $1,000.00 per tract after the auction, and file said bond with the Board .prior to delivery of the lease to the lessee. However, a person may furnish a blanket bond of $5,000.00 to cover any amount of leases obtained.

001.11B Bonds must be executed by a corporate surety authorized to do business in the State and countersigned by a resident agent.

001.12 Royalties And Accounting

001.12A Leases reserve a royalty of not less than 12½% of all oil, gas and hydrocarbons and all other petroleum products produced and saved from the land covered thereby and not used in connection with the development and operation of the leased premises, or 12½% of the market value thereof at the leased premises.

001.12B The interest so reserved must be produced free of cost to the lessor and the lessee or reporting agent designated by him shall, on or before the last day of the month next following production, and on that date each month thereafter, file with the Board a monthly report on the form provided by it.

001.12C The monthly report must be accompanied by a full settlement for the royalty due, or a valid examination for any necessary delay. After production has been achieved, should a lease fail to produce during a month, the reason for such non-production shall be indicated upon the monthly report in the same order as if there were production.

001.12D When more than one company is purchasing petroleum products from a lease! the reporting agent will indicate the names and total amount of sale to each purchaser.

001.12E The report will show, in the space provided, the location and number of wells' covered by the report.

001.13 Assignments

001.13A Assignments of leases are permitted by the Board upon receipt of a Ten Dollar ($10.00) filing and recording fee, and a bond as hereinabove set out.

001.13B No assignment shall be approved which covers an undivided interest in the lease until a showing, satisfactory to the Board has been made evidencing which of the parties, assignor or assignee, will pay the delay rentals. No assignment of an undivided interest shall be made covering less than forty (40) leasehold acres, subject to the discretion of the Board.

001.13C No assignment shall be deemed valid nor recognized by this agency until Board approval.

001.14 Surrender of Lease

001.14A The lessee under any oil and gas lease granted by the state shall have the right at the termination of any rental year, by giving to the Executive Secretary thirty (30) days previous notice in writing of such intended surrender, to surrender and relinquish such lease to the state in whole or as to any legal subdivision of the lands covered thereby, and be thereupon discharged from any obligation not theretofore accrued as to the land so surrendered and relinquished without prejudice to the continuance of the lease as to the lands not surrendered or relinquished.

001.14B Although no particular form of surrender is required, such surrender must be in writing, must sufficiently identify the lease sought to be surrendered, and must specifically describe the lands to be surrendered, whether all of the lease premises or a portion only.

001.14C Such written instrument of surrender and relinquishment must be signed by the owner of the lease as shown by the records of the commissioner or by his duly authorized agent. If more than .one person owns the working interest in a lease, either all such owners must join in a joint surrender of the lease or each must submit a separate, written surrender.

001.14D If operations have been conducted on a lease which the lessee desires to surrender, the lessee shall also submit with his written instrument of surrender evidence of the proper plugging and abandonment of any hole drilled on the lease premises, together with evidence that he has restored the premises, insofar as practicable, to their condition prior to the drilling of the hole.

001.15 Forfeiture, Cancellation, And Termination Of Leases.

001.15A General. Every oil and gas lease granted by the State is subject to forfeiture and cancellation thereof upon failure of the lessee to fully discharge the obligation provided therein, after written notice from the Board and reasonable time allowed to the lessee for performance of any undertaking or obligation specified in such notice concerning which the lessee is in default. Before any lease is declared forfeited or cancelled by the Board, the Board shall issue written notice to the lessee of the proposed forfeiture or cancellation and if, within ten (10) days after such notice, the lessee makes written application to the Board for a hearing on the matter, the lessee shall be granted a hearing before the Board, and no forfeiture or cancellation shall become effective until after such hearing and until the Board shall confirm its original decision and intent to forfeit or cancel the lease, based upon such hearing. Following such hearing; notice of the decision of the Board shall be given to the lessee. Such decision may be for immediate cancellation of the lease without further extension of time within which to perform certain specified required acts in order to continue the lease, failing which the lease will automatically terminate without further notice or hearing.

001.15B Promptly upon receipt of such notice from the Board that a lease is to be cancelled or forfeited, if the lessee does not~ within the permitted ten (10) days period apply for hearing of such notice, and (2) promptly after receipt of final decision of the Board to cancel or forfeit the lease, following hearing on the matter, if the lessee does not appeal to the Court from such decision, the lessee shall furnish the Board with written instrument of surrender of the lease and other evidence as required under the provisions of Section 001.14 above.

001.16 Pooling And Unit Agreements. The Board is authorized to enter into pooling and unit agreements for the purpose of pooling and unitizing State educational lands held under oil and gas leases with other lands. In connection with such agreements the Board is authorized to modify any State lease with respect to delay rentals and royalties in accordance with such pooling agreements and such unit plans of operation.

001.17 Operating Agreements. Any lessee may enter into agreements with another person for drilling and other operations for oil and gas on State educational lands under his lease or leases.

001.18 Operations On State Leases.

001.18A Compliance with all rules and regulations of the oil and gas conservation commission of the State of Nebraska relating to operations for the production of oil or gas and relating to the exploration and drilling therefor will be required of each lessee of State lands .

001.18B Each lessee; in conducting his explorations and mining or drilling operations shall use all reasonable precautions to prevent waste of oil or gas developed in the lands and to prevent the entrance of water through wells drilled by him to the oil and gas sands or oil or gas bearing strata to the destruction or injury of the oil or gas deposits.

001.18C Report of Lessee. On or before the last day of each month every holder of a producing oil or gas lease shall make a report to the Commissioner for the preceding calendar month, which report shall be in such form as the Board may prescribe. Such report shall show the amount of oil or gas produced and saved during such preceding month, the price obtained, the total amount of all sales, and such additional information as may be required on the reporting form . Such reports shall be signed by the lessee or some responsible person having knowledge of the facts reported, and shall be accompanied by payment of the amount due the State as royalty for the month covered by the report, unless the State's royalty is being or has been paid direct by the purchaser of the production.

001.18D A lessee is required, upon completing a commercially productive oil or gas well upon the lease premises, to proceed with reasonable diligence to drill such additional wells to the depth of the formation found commercially productive, or to such depth as may be necessary to economically test, develop and operate the deposits discovered. As to lands found valuable for oil production, no lessee will be required to drill to completion more than one well under any one lease during any one calendar year, or a total number of wells under any one lease in excess of the total number of forty (40) acre subdivisions of land held under such lease. As to lands found valuable for gas production only, the drilling obligation of the lessee shall be confined to a total number of wells equal to the total number of tracts comprising 160 acres of land included in the lease, of which total number of wells not more than one will be required in any one calendar year. However, notwithstanding the foregoing general rules, if wells drilled on lands contiguous to the State lands require, in the opinion of the Board, greater diligence in drilling and a greater number of wells to be drilled on the State lands to protect the lease premises and deposits from loss, depletion or uncompensated drainage due to such wells on the contiguous lands, such greater diligence and greater number of wells may be required by the Board. All such requirements, however, shall be subject to, and shall not be inconsistent with, applicable rules, regulations and orders of the Oil and Gas Conservation Commission of the State of Nebraska.

001.l8E Performance of well drilling operations as required by the foregoing rule may be suspended only by or with the consent of the Board during the time oil or gas previously discovered cannot be marketed at a profit, or for other good cause shown. When such suspension of drilling operations is deemed necessary and desirable by the lessee, the lessee shall submit written statement of his reasons therefor to the Board. If the requested suspension of drilling operations is approved by the Board, it shall issue to the lessee a statement or certificate authorizing the suspension for a time certain and require the lessee, within such time certain, to make written application 1lo ,the Board for any further extension of the time which such drilling operations may be suspended.

001.18F Upon suspension of drilling operations with justification from the Board, the lessee will be obligated to pay rent in lieu of royalties.

001.19 Recording Fees

001.19A Recording each assignment affecting an oil and gas lease, or interest therein, of whatsoever nature: $10.00

001.19B For recording a surrender of an oil and gas lease: $5.00

002 Sand and Gravel Leases

002.01 General. The Board will grant all types of leases.

002.02 Form. The lease application and agreement form as adopted, and which is subject to amendment of supplementation will be set out in Appendix "A" of these rules. Said lease application and agreement form will hereinafter be referred to as the lease.

002.03 Information Contained In Application. Application for the issuance of a sand and gravel lease must be executed under oath by applicant or his agent or attorney, or an office or agent of the corporation, if the application is made by a corporation. Application must be made on the form prescribed by the Board of Educational Lands and Funds, and must contain a description of the land, by legal subdivision, upon which the lease is desired and the terms upon which the applicant desires to acquire such lease.

002.04 Notification of Sale. The lease will be sold at public auction held at the office of the Board of Educational Lands and Funds in the State Office Building, 301 Centennial Mall South, Lincoln, Nebraska, after notice of time and place of such sale has been given by publication for two consecutive weeks, in a newspaper of general circulation in the county where the lands to be leased are located.

002.05 Monies Included With An Application. Application for a lease must be accompanied by a deposit in the amount of $15.00 to cover cost of publishing notice, together with the first year's rental. If the lease is not sold, the one who files the application must pay the cost of publication, otherwise, the cost is paid by the successful bidder.

002.06 Sale Procedure

002.06A Upon the date advertised as sale date, an authorized representative of the Board shall sell at public auction by oral bidding all leases that have been requested for sale.

002.06B A lease is sold to the highest bidder and must provide for an annual rental of not less than fifty dollars ($50.00) per acre, and royalty of not less than 20¢ per cubic yard for materials taken, but in no event shall the lease be issued at less than the prevailing price paid in the locality where the land is situated.

002.06C The successful bidder will also assume the cost of advertising the sale.

002.07 Bidder And Leaseholder Eligibility. Any person who is eligible to make a contract in accordance with Nebraska Laws is eligible to bid on school land leases and hold said lease with the following exception: no lessee or former lessee who owns any delinquent rental shall be eligible to bid on a lease or hold a lease unless such delinquent rental, fees and costs of advertising are first paid in full.

002.08 Term. Leases are issued for a term not to exceed three (3) years, and may be renewed, at the discretion of the Board, under such terms as directed by the Board.

002.09 Bond Requirement. Lessee must furnish a $1,000 bond to indemnify the state against loss, damage or detriment by reason of the failure of lessee to pay the annual rental and royalty or to fully discharge the obligation contained in the lease. A $5,000 blanket bond may be given if more than one lease is issued to the same person. Such bond must be executed by a corporate surety authorized to do business in the State of Nebraska (Except County applications and Department of Roads).

002.10 Written Report. The -lessee must, at the end of each month, file a report in the office of the Board of Educational Lands and Funds setting forth the quantity of sand or gravel removed, and remit for the same. Such report must be certified to under oath, or must be a regular report signed by an inspector representing a governmental subdivision of the State.

002.11 Rights Reserved For Agricultural Purposes. The lease, must reserve the right to fully use and enjoy for agricultural and grazing purposes the area leased for sand and gravel, except such parts thereof as may be necessary for use in the development and operation thereof for sand and gravel and in the marketing of production therefrom. The owner of the agricultural or grazing rights covered by this lease has prior right to use of water on the premises.

002.12 Damage. The lessee must pay all damages to growing crops, including grass, caused by operation under the lease, and must, after due notice thereof, protect the lessor from claims of such nature.

002.13 Assignments. Assignments of a lease are permitted, but before the same are effective, must be approved by the Board of Educational Lands and Funds accompanied by a filing and recording fee of $10.00.

002.14 Surrender of Lease. Surrender of lease is subject to approval by the Board of Educational Lands and Funds, and payment of a filing fee of Five Dollars ($5.00).

Chapter 4 (001-002.14) Sec. 72-201, 72-303, 72-308, 72-309, 72-311, and Sections 72-901 et. seq. Nebr. Rev. Stat.

History

• Effective 1983-09-03

Chapter 5 Sale of Educational Lands

Neb. Admin. Code tit. 97, ch. 5 Sale of Educational Lands {#sec-97-nac-5 omnilex-key=us-ne-regs-official--title-97--97 NAC 5}

001 Sale . The Board of Educational Lands and Funds shall consider for sale at the request of any interested party or on its own initiative any common school lands, presently owned or hereafter acquired by the state for educational purposes, subject to the best interest of the trust.

002 Mineral Rights . The Board of Educational Lands and Funds shall retain all mineral rights in land sold.

003 Notice of Sale . Notice of a sale of educational lands shall be given by publication for three consecutive weeks in a newspaper published in the county and in one or more newspapers of general circulation throughout the state. The publication will contain a description of the said land, time and location of the sale.

004 Appraised Value . Prior to said sale, the land shall be appraised for sale purposes to determine its market value and thereafter shall be sold at public auction for not less than the appraised value. The appraised value shall be the starting bid price.

005 Public Auction . Such land shall be sold, at public auction, by a representative of the Board of Educational Lands and Funds to the highest bidder .

006 Payment . Settlement for land purchased shall be made by certified check, bank draft or cash in an amount not less than twenty percent of the purchase price at the time of the sale and the balance shall be payable within ninety days of the date of the sale.

007 Possession, Approval of Board . Possession of lands sold may be assumed by the purchaser upon receipt of notification of final approval of the sale by the Board of Educational Lands and Funds, but not before the expiration date of the existing lease.

008 Undivided Interest . When the land consists of an undivided interest in reality, an action to partition may be maintained in the same manner as provided by law for the partition of real property among several joint owners .

009 Ownership And Value Of Improvements And Growing Crops . Prior to such sale ownership of improvements and growing crops as between a lessee and the State of Nebraska shall be determined as provided for in Nebraska Revised Statutes, 1943, Section 72-240.11.

010 Post-Sale Pre-Confirmation Bid For Land Sale . In order to obtain the best possible price for school lands, the Board will accept post-sale pre-confirmation bids for land sales so long as said bids conform with the following requisites. Any person wishing to submit a post-sale pre-confirmation bid in excess of the highest bid made at the public auction must increase the previous high bid by an amount equal to Ten Percent (10%) plus Five Thousand Dollars ($5,000.00) and must submit with such bid (1) a certified check, bank money order, or cashier's check in the amount of Twenty-two Percent (22%) of the previous high bid plus One Thousand Dollars ($1,000.00); and (2) a certified check, bank money order, or cashier's check in the amount of $500.00 representing a fixed amount as fair compensation for holding a second sale. The starting bid price at the second sale shall be five (5) times the amount submitted pursuant to part (1) above. The $500.00 fee for holding a second sale shall be deposited in the Temporary School Fund and will not be refunded regardless of who shall eventually be the successful bidder. In the absence of unusual circumstances, which shall be determined solely by the Board, not more than one post-sale pre-confirmation bid shall be accepted on any one tract .

Chapter 5 (001) Sec. 72-257 Nebr. Rev. Stat. Chapter 5 (002) Sec. 72-301 Nebr. Rev. Stat. Chapter 5 (003) Sec. 72-258 Nebr. Rev. Stat. Chapter 5 (004) Sec. 72-257 Nebr. Rev. Stat. Chapter 5 (005) Sec. 72-212 Nebr. Rev. Stat. Chapter 5 (006) Sec. 72-258 Nebr. Rev. Stat. Chapter 5 (007) Sec. 72-257, 72-208 Nebr. Rev. Stat. Chapter 5 (008) Sec. 72-258 Nebr. Rev. Stat. Chapter 5 (009) Sec. 72-240.11 Nebr. Rev. Stat. Chapter 5 (010) Sec. 72-258 Nebr. Rev. Stat.

History

• Effective 1999-10-03

Chapter 6 Reappraisal of Agricultural Leases

Neb. Admin. Code tit. 97, ch. 6 Reappraisal of Agricultural Leases {#sec-97-nac-6 omnilex-key=us-ne-regs-official--title-97--97 NAC 6}

001 Reappraisal . The Board of Educational Lands and Funds shall cause all educational lands to be reappraised for rental purposes at least once each three years, or when the Board deems it to be to the best interests of the State.

002 Classification . Classification of such lands shall be made, under the direction of the Secretary of the Board, by competent fieldmen.

003 Examination of Land . The fieldman shall make a detailed examination of each 40-acre tract of educational lands for the purpose of obtaining information as to type and rating of the soil, its adaptability, the topographical character of the land, and the location and number of each type.

004 Fieldmen Reports . The fieldmen shall make their reports in the form of detailed plats with complete explanations which shall be filed with the Board of Educational Lands and Funds.

005 Land Classified According to Productive Capability . Land shall be classified according to its productive capability in relation to the productive capability of all land within the county.

006 Rent Schedule According to Classification And Other Factors . The Board shall adopt a rental schedule according to classification in such county. In arriving at such schedule of valuation, the Board shall consider the sale price and the average crop production of other lands in the county, the rental value of other lands similarly situated, and any other relevant factors bearing upon the valuation of such educational lands.

007 Schedule of Valuations Filed with County Treasurer . After the adoption of a new schedule of valuations, as provided by law such schedule of valuations, together with a tabulation of the valuation and the amount of semi-annual rental of each lease shall be filed in the office of the county treasurer of such county not less than ninety days prior to the effective date of said new schedule of valuations.

008 Notice . Notice of such filing shall be given by one publication in a newspaper of general circulation published within the county or, if more than one newspaper of general circulation is published in the county, then in two of such newspapers. If no newspaper is published in the county, it shall be so published in a newspaper of general circulation therein. The Board shall further advise each lessee by mailing to his last address of record a letter or postal card notifying him of the amount of his semiannual rental.

009 Effective Date of New Schedule . Such new schedule shall become effective upon the first semi-annual rental due date, which is ninety days or more from the date of the filing of the schedule in the office of the county treasurer, unless within forty-five days from the date of publication of notice a petition signed by at least twenty-five percent of the lessees in counties having less than one hundred leaseholders, or twenty-five of the lessees in counties having one hundred or more leaseholders within the county, requesting a hearing be filed in the office of the Board of Educational Lands and Funds.

010 Hearings . Upon receipt of the petition bearing the requisite number of signatures as required by Nebraska Revised Statutes 1943, Section 72-205.03, the Board of Educational Lands and Funds shall appoint an examiner in accordance with Chapter 10, Section 002 et. seq.

History

• Effective 1983-09-03

Chapter 7 Improvements of Educational Lands

Neb. Admin. Code tit. 97, ch. 7 Improvements of Educational Lands {#sec-97-nac-7 omnilex-key=us-ne-regs-official--title-97--97 NAC 7}

001 Procedure . Prior to placing or making any improvement on educational land, written approval must be obtained from the Board with the following regulations first being met.

001.01 A written request for the improvement must be submitted to the Board for their consideration on the forms furnished by this office.

001.02 If written approval for the improvement is given by the Board, the lessee will be required to sign an Improvement Agreement form in which he agrees to certain stipulations that are applicable to that particular improvement. (For further explanation see the following list of stipulations.)

002 Stipulations for Improvements . The lessee agrees to only those stipulations that are applicable to his particular improvement request.

002.01 To submit to the Board of Educational Lands and Funds within sixty (60) days following construction, a certified statement of all construct on costs, and list all cost sharing they received. Copies of all receipts for any materials, labor or other cost involved must be attached to the Certified Statement of Cost.

002.02 That construction will be completed within one year immediately following the date of the Board approval or within the year proposed in the Great Plains Contract, if approved by the Board.

002.03 That at such time the land is offered for sale or lease to accept the appraised valuation as determined by the Board or its representative on the improvements listed herein that cannot be removed without damaging the land or other property. On the improvements listed herein that can be removed without damaging the land or other property the lessee may either accept the appraised valuation of the Board, transfer ownership thereof to the new lessee, or remove the improvements as personal property.

002.04 That certain improvement items listed herein are considered personal property and may be removed by the lessee provided said removal can be done without damage to the land, improvements, or other property. The lessee may elect at the expiration or termination of the lease to transfer ownership of said improvements to the new lessee with the understanding that said improvements shall then become the personal property of the new lessee. If lessee elects at the expiration or termination of the lease to leave the improvements described as personal property on the land, the lessee agrees it shall become property of the land and the lessee will not be compensated for same.

002.05 That any costs incurred in purchasing, establishing, constructing or installing the improvements herein listed will be fully depreciated at the expiration or termination of the lease and the lessee will not be compensated for the same.

002.06 That approval by the Board is null and void if the agreement is not properly completed and returned to the Board of Educational Lands and Funds within thirty (30) days after notification of the Board approval.

002.07 That failure to comply with the requirements which apply to each request will result in total forfeiture of all right, title and interest in the improvements.

002.08 That pivot irrigation systems, whether leased or financed, shall not constitute an improvement to the school land as contemplated by Section 72-240.07, but shall be considered personal property of the lessee. If at the expiration or termination of the lease, the lessee elects not to remove the pivot system as described herein, then he may either transfer ownership thereof to the new lessee or the company which holds a security interest thereon within three (3) months of the date the lease terminates, or if no such transfer is made within the allotted three (3) months, the lessee agrees that the pivot system shall become the property of the State and that he shall have no right to compensation therefore.

002.09 That the appraised valuation, or value to the land, of this improvement shall not exceed the principal amount of the original net cost of its purchase, establishment, construction or installation actually paid or incurred by the lessee who placed or made this improvement on educational land.

003 Emergency Approval of Improvement Requests

003.01 The Secretary of the Board has authority to approve emergency requests for livestock wells and livestock watering facilities.

003.02 The Secretary's action must be confirmed by the Board at their next regular meeting.

003.03 Upon receiving emergency approval from the Secretary the lessee may proceed with the constructing or establishment of the improvement with the understanding, however, that all other rules pertaining to a normal improvement request as heretofore listed must be complied with.

004 Removal . Appraisable permitted improvements which the lessee has the right to, and does, elect to remove in lieu of either accepting the appraised valuation thereof or transferring ownership thereof to the new lessee, and all other items of property which the lessee has the right to, and does, elect to remove in lieu of transferring ownership thereof to the new lessee shall be removed from the land (1) within one month after expiration of the lease if the lease ends by expiration, (2) within one month after termination of the lease if the lease ends other than by expiration, (3) within two months after the date upon which the land, or a new lease thereof, is offered for sale at public 'auction if the lease ends by expiration, or (4) within any extension of time granted by the Board, whichever of the applicable is later. If the lessee desires additional time to remove any item, the lessee shall present to the Board a written request for an extension of time specifying, with respect to each item of property to which such request pertains, the additional time requested and the reasons for such request. Such request must be so presented within the initial time period within which removal is permitted and shall be submitted to the Board for its consideration and such action as the Board deems appropriate in its sole and absolute discretion. Any extension of time granted by the Board shall be in writing and signed by an authorized representative of the Board. The Executive Secretary is authorized to grant on behalf of the Board any extension of time not exceeding one month in duration which he deems appropriate in his sole and absolute discretion with respect to any specific item of property. Provisions of Educational Land Leases requiring the immediate vacation and surrender of the premises upon the expiration or termination thereof apply and remain in full force and effect notwithstanding these provisions pertaining to the removal of items of property which grant only a limited right of entry upon the premises for the sole and only purpose of expeditiously accomplishing such removal and do not grant any other, different, additional or greater rights to the lessee specifically including, but not limited to, any rights to hold over upon, or use, the premises to any extent at any time, or for any periods of time, for any other purpose, or purposes, whatsoever.

005 Time Limit on Construction of Improvement. The construction or establishment of improvements on educational land must take place within one year of the date of Board approval except that in a Great Plains Contract the improvement must be completed according to the date specified in the Contract.

006 Valuation of Improvements. The appraised valuation, or value to the land, of any appraisable permitted improvement shall be the amount it adds or contributes to the land but shall not exceed the smallest of the following:

006.01 The difference between the amount for which the land would sell with the improvement and the amount for which the land would sell without the improvement.

006.02 Its replacement cost less any depreciation, obsolescence and want of benefit to the land.

006.03 The amount determined in. accordance with any requirements applicable thereto contained in Section 2 of this RULE 7.

007 Ownership . All items of property of the following classes, classifications and categories are and shall become property of the land owned by the School Trust and no lessee will be compensated for the same:

007.01 Permitted improvement approved pursuant to subsection 002.05 of Chapter 7.

007.02 Appraisable permitted improvements which the lessee has the right to, and does, elect to remove or to transfer the ownership thereof to the new lessee and all other items of property which the lessee has the right to remove or to transfer the ownership thereof to the new lessee but which the lessee (1) does not remove with the time, or times, specified in Section 4 of Chapter 7, and (2) also does not transfer the ownership thereof to the new lessee within the time, or times, specified in Section 4 of Chapter 7 for removal thereof .

007.03 All permitted improvements with respect to which there is any violation of, or failure to comply with, any of the requirements pertaining• thereto including, but not limited to, any requirements applicable thereto contained in Section 2 of Chapter 7.

007.04 All non-permitted improvements .

008 Improvements and Growing Crops That Do Not Sell . Except as otherwise provided in this Section, appraisable permitted improvements and fall-seeded growing crops which the lessee elects to accept the appraised valuation of to be paid by the purchaser of the land, or the purchaser of a new lease thereof, but with respect to which there is no bidder for the land, or no bidder for a new lease thereof, when the same is offered for sale at public auction, shall for all purposes be deemed to be appraisable permitted improvements which the lessee has the right to remove, or to transfer ownership thereof to the new lessee, or fall-seeded growing crops which the lessee elects to harvest, with like effect as if the lessee had never elected to accept the appraised valuation thereof. With respect to any one or more of such items of property other than fall-seeded growing crops, the lessee may file with the Board within the time referred to in Section 4 of Chapter 7 an election to accept the appraised valuation thereof to be paid by any purchaser of the land on which the same is located, or any purchaser of a new lease thereof, at public auction during the succeeding fourteen (14) months. Upon the timely filing of such an election, the Board shall as soon as practicable thereafter reoffer the land, or a new lease or leases thereof, at public auction in one or more parcels either alone or in combination with other land as the Board sees fit in its sole and absolute discretion so long as the manner in which the land is so reoffered does not unreasonably impair any value contributed to the land by the improvements to which such election applies. With respect to any of the land for which there is no bidder, or no bidder for a new lease thereof, when the same is so reoffered for sale at public auction, the Board may enter into a short term rental, tenancy or other agreement for use thereof during the succeeding year with any person and upon any terms as the Board sees fit in its sole and absolute discretion. During such short term rental, tenancy or other agreement, the user of the land pursuant thereto may use any improvements thereon to which such election applies unless such use is precluded by the express terms of such short term rental, tenancy or other agreement; the lessee who made such election shall not be entitled to any payment or other compensation whatsoever for such use from any source; and the user of the land and the Board shall each refrain from intentionally damaging or destroying any improvements to which such election applies but shall have no other duty, obligation, responsibility or liability whatsoever for, about, concerning or in any manner pertaining to any such improvements and specifically, without in any manner limiting the generality of the foregoing, shall have no duty, obligation, responsibility or liability whatsoever to maintain, repair, protect or preserve any such improvements. Prior to expiration of the fourteen (14) month period contemplated in the second sentence of this Section, the Board shall reappraise the unsold improvements to which such election applies and again offer the land upon which such improvements are located, or a new lease or leases thereof, for sale at public auction in one or more parcels either alone or in combination with other land as the Board sees fit in its sole and absolute discretion with the new appraised valuation of each such improvement to be paid by the purchaser of the land on which the same is located, or the purchaser of a new lease thereof . Any appraisable permitted improvements to which such election applies and with respect to which there is no bidder for the land on which the same is located, or no bidder for a new lease thereof , when the same is again so offered for sale at public auction shall for all purposes be deemed to be appraisable permitted improvements which the lessee has the right to remove, or to transfer ownership of to the new lessee, with like effect as if the lessee had never elected to accept the appraised valuation thereof.

Chapter 7 (001) Sec. 72-240.07 Nebr. Rev. Stat. Chapter 7 (002) Sec. 72-232 Nebr. Rev. Stat. Chapter 7 (003) Sec. 72-232 Nebr. Rev. Stat. Chapter 7 (004) Sec. 72-240.07 Nebr. Rev. Stat. Chapter 7 (005) Sec. 72-232 Nebr. Rev. Stat. Chapter 7 (006) Sec. 72-232 Nebr. Rev. Stat. Chapter 7 (007) Sec. 72-232 Nebr. Rev. Stat. Chapter 7 (008) Sec. 72-232 Nebr. Rev. Stat.

History

• Effective 1985-10-20

Chapter 8 Soil Conservation Practices on Educational Lands

Neb. Admin. Code tit. 97, ch. 8 Soil Conservation Practices on Educational Lands {#sec-97-nac-8 omnilex-key=us-ne-regs-official--title-97--97 NAC 8}

001 Conservation Program . All farm and ranch operations on leased educational lands shall be carried on in accordance with the conservation program of the Soil Conservation District in which the land is located.

002 Lessee Requirements . Each lessee of educational land is required to make application to his district for a farm or ranch conservation plan and enter into cooperative agreements with said district concerning his educational land and must carry out the program of conservation operations as recommended by the Soil Conservation District. (Nebraska Revised Statutes Sec. 72-1304). Prior to the construction of any improvement, the lessee must request Board approval and receive written Board approval for each improvement. A copy of the attached "Cooperative Agreement" was adopted by the Board on October 12, 1970.

003 Costs of Conservation Program . When a conservation plan is adopted, the lessee shall be responsible for the cost of carrying out the plan. The Board, however, upon request from the lessee, may authorize an adjustment in rental for the period that the land would be taken out of production.

004 Outside of Soil Conservation Districts . Where educational lands are located outside the Soil Conservation Districts, farming and ranching operations shall be in accordance with the conservation program of the nearest Soil Conservation District having comparable land conditions, such district to be designated by the State Soil Conservation Committee. Each lessee of such educational lands is required to make application to the State Soil Conservation Committee for assistance in planning and applying conservation measures.

005 Conservation With Educational And Private Lands . That the Board agree to permit the combination of educational lands with privately owned lands under the current farm program, with the Executive Secretary to review and approve the Farm Reconstitution Agreement and by so doing make the action a part of the permanent record.

006 Great Plains Soil Conservation Program .

006.01 That the Board encourages soil conservation programs on educational lands and is anxious to cooperate with the Soil Conservation Service through the Great Plains Program.

006.02 That all proposed Great Plains Contracts and modifications thereof shall be submitted to the Board for approval or disapproval and written notice of the action of the Board on each proposed contract shall be furnished to the lessee, and to the District and State offices of the Soil Conservation Service.

006.03 Prior to consideration of the proposed contract by the Board, the lessee shall be required to submit to the Board a complete signed inventory of all improvements located on the land, together with a statement of the date of installation of each improvement.

006.04 When a contract calls for practices which involve a cost to the lessee, the lessee shall be responsible for such cost. The Board, however, upon request from the lessee, may authorize an adjustment in rent for the period that the land would have taken out of production.

006.05 In the event a lease is cancelled or forfeited and a new lease is offered, the Board shall make completion of the Great Plains Contract a condition of the new lease.

007 Rental On Fall-Seeded Crops .

007.01 In the event that leases are to be sold to a new lessee on educational lands upon which the former lessees have elected to harvest fall-seeded growing grain crops, the former lessees shall hereafter be informed that they will be charged rental on the acres occupied by said crops for the entire year in which the harvest takes place.

007.02 Any lessee electing not to harvest a fall-seeded crop shall be given credit as a compensable improvement for only the cost of seed bed preparation, seeding, seed, and fertilizer.

Chapter 8 (001-007.02) Sec. 72-232 Nebr. Rev. Stat.

History

• Effective 1983-09-03

Chapter 9 Condemnation

Neb. Admin. Code tit. 97, ch. 9 Condemnation {#sec-97-nac-9 omnilex-key=us-ne-regs-official--title-97--97 NAC 9}

001 Any public body, pursuant to Nebraska Revised Statutes, 1943, Sec. 72-213 through 226 inclusive, has the authority to acquire educational lands for public use. Said public body is required to condemn the interest of the state in the educational lands, as trustee for the public schools

002 Procedure ; before the appraisal proceedings can be presented to the Board of Appraisers, the following items must be submitted to the Secretary of the Board of Educational Lands and Funds.

002.01 Application for Condemnation.

002.02 A plat and complete description of land to be acquired .

002.03 An offer by the condemner for lands to be acquired.

002.04 Lessee's Statement or Request Form - Stating that the lessee's claim against the condemner for damages to crops and other property owned by the lessee has been or will be settled without a hearing before the Board of Appraisers; or listing the damages requesting a finding by the Board as to the interest, if any, of the lessee.

002.05 For county boards acquiring land to construct, reconstruct, improve, relocate, or maintaining a county road, a certificate that the taking of such land is in the public interest must be obtained from the Governor and from the Department of Roads, and be filed in the office of the Auditor of Public Accounts and a copy thereof in the office of the Board of Educational Lands and Funds.

002.06 Upon completion of subsection 002 .01 through 002.05, a representative of the Board of Educational Lands and Funds will inspect and appraise the property in the condemnation application.

002.07 After the appraisal is approved by the Board of Educational Lands and Funds, the appraisal and offer will be presented at a hearing of the Board of Appraisers for their consideration.

002.08 The condemner will be notified of the date of the hearing which will not be less than ten days.

003 The condemner and the Board of Educational Lands and Funds may present evidence before the Board of Appraisers. The Board of Appraisers shall have the power to administer oaths and subpoena witnesses at the request of either party or on its own motion. After hearing the evidence, the Board of Appraisers shall make the award and file same in the office of the Board of Educational Lands and Funds.

004 Payment and Transfer; Upon payment of the amount of the award by the condemner, the Secretary of the Board of Educational Lands and Funds will transmit a certified copy of the award to the condemner for filing in the office of the Register of Deeds in the county or counties where the land is located. The filing of such certified copy of the award shall have the force and effect of a deed of conveyance of the real estate and shall constitute a transfer of title thereto.

Chapter 9 (001) Sec. 72-213-226 Nebr. Rev. Stat. Chapter 9 (002-004) Sec. 72-224.03 Nebr. Rev. Stat.

History

• Effective 1983-09-03

Chapter 10 Practice and Procedure Before the Board of Educational Lands and Funds

Neb. Admin. Code tit. 97, ch. 10 Practice and Procedure Before the Board of Educational Lands and Funds {#sec-97-nac-10 omnilex-key=us-ne-regs-official--title-97--97 NAC 10}

001 General

001.01 Scope and Application. These rules shall govern practice and procedure in all actions filed pursuant to Section 72-205 et. seq. R.S., Neb., 1943 (Reissue of 1971). Practice and procedure involving this Agency is also governed by the applicable Revised Statutes of Nebraska and the decisions of the Nebraska Supreme Court. In the absence of a specific rule or order of this Agency the statutory rule and practice pertaining to proceedings in the District Court of the State shall be applicable, excluding prehearing conferences.

001.02 Correspondence. All correspondence and filings shall be addressed or delivered to the State of Nebraska, Board of Educational Lands and Funds, P.O. Box 94986, Lincoln, Nebraska 68509. Each piece or correspondence shall embrace only one subject, should clearly state the subject involved, and shall include the name and address of the sender.

001.03 Weekends And Holidays. No official acts shall be required to be performed on any Saturday, Sunday or legal holiday. When a filing of a pleading or the doing of any act is required on or before a certain date which falls on one of these days, the time for filing said pleading or doing said act shall be extended to the next working day.

001.04 Rules - Copies. Copies of these rules of practice and procedure will be available for public distribution at the Board of Educational Lands and Funds office. They shall be distributed to interested parties for a fee of $1.50 per copy.

001.05 Forms - Copies. Copies of any forms referred to in this body of rules shall be made available, upon request, by the Board.

001.06 Definitions. As used in these rules of practice and procedure, the following definitions shall apply unless the context to be intelligible or prevent absurdity otherwise requires:

001.06A. Pleadings shall mean any written application, petition, protest, complaint, answer or motion used in any proceedings pursuant to Section 72-205.03, R.S., Neb., 1943 (Reissue of 1971).

001.06B. Proceedings shall mean all matters formally made in connection with any application or petition filed pursuant to Section 72-205.03, R.S., Neb., 1943, (Reissue of 1971).

001.06C. Agency shall mean the Board of Educational Lands and Funds of the State of Nebraska.

002 Hearing Examiner

002.01 Appointment of Hearing Examiner. Upon receipt of a petition filed pursuant to Section 72-205.02, R.S., Neb., 1943, (Reissue of 1971), the Board of Educational Lands and Funds shall appoint a Hearing Examiner to administrate, conduct, and preside over all proceedings initiated by the petitioning lessees. The Board shall have discretion to appoint the same Hearing Examiner for all petitioned hearings or may appoint a separate Hearing Examiner for each individual hearing. It shall be within the discretion of the Board of Educational Lands and Funds to appoint as Hearing Examiner whomsoever they believe can serve in said capacity in an efficient and competent manner.

002.02 Compensation of Hearing Examiner. The Board of Educational Lands and Funds may appoint an Examiner not presently under the payroll of the Board; and in the event such an individual should be appointed, his compensation will be agreed upon prior to his appointment. In the event the Board should appoint an individual to act as Hearing Examiner who is already within their employ, said individual shall serve without compensation.

002.03 Oath. All testimony presented before the Hearing Examiner shall be given under oath which the Hearing Examiner will have the authority to administer.

002.04 Subpoena. When a subpoena is desired, the proper party shall indicate to the Hearing Examiner the names and the last known addresses of the witnesses to be called. If evidence other than oral testimony is required, each item to be produced must be adequately described. All requests for subpoena shall be directed to the attention of the Hearing Examiner no less than fourteen (14) days prior to the published date of said hearing. The Hearing Examiner shall issue subpoena as requested and mail the same to the party so requesting within seven days of receipt of request therefore. Service may be made either by mailing a copy thereof by registered or certified mail, return receipt requested, not less than three days before the hearing date of the cause which the witness is required to attend or, personally, by any person not interested in the action. No costs for serving a subpoena will be allowed.

002.05 Notice of Hearing. It shall be the duty of the Hearing examiner to ascertain that the notice of hearing is properly published in accordance with Nebraska Statutes.

002.06 Further Duties of Hearing Examiner. The Hearing Examiner shall:

002.06A. Establish a date and a place within the County of the petitioning lessees and shall provide for notice of such time and place by publication in a legal newspaper, published in the County where such school lands are situated, once each week for two consecutive weeks beginning at least twenty days prior to the date of the public hearing.

002.06B. The Hearing Examiner shall conduct any and all pretrial conferences as provided by these rules of practice and procedure.

002.06C. The Hearing Examiner shall preside at the hearing, will open the proceedings, will acknowledge the appearance of counsel, will hear the evidence and rule on motions and objections, may interrogate witnesses, and will close the proceedings.

002.06D. If the petitioning lessees are not represented by legal counsel, the Hearing Examiner shall explain to the petitioning lessees the rules of practice and procedure, and generally shall conduct the hearing in a less formal manner than when the petitioning lessees are represented by legal counsel. It should be the purpose of the Hearing Examiner to assist the petitioning lessees who appear without such representation to the extent necessary to allow them to fairly present their evidence, testimony, and arguments on the issues.

002.06E. The Hearing Examiner shall compile a complete record of all testimony taken and evidence received at said hearing, which record shall be filed in the office of the Board of Educational Lands and Funds. All proceedings shall be recorded by a court reporter and a permanent record thereof shall be made. All costs involved in producing the original copy shall be divided between the petitioning lessees and the Board of Educational Lands and Funds. Any additional copies requested by either party will be paid by the party so requesting.

002.06F. The Hearing Examiner conducting said hearing shall make, in writing, complete findings and recommendations to the Board as to the value of school lands according to classification.

003 Commencement of Proceedings

003.01 Filing of Petition. In order to protest a new rental schedule in any individual county, a signed petition must be received in the office of the Board of Educational Lands and Funds by 1700 hours of the 45th day from the date of publication of the notice that a new schedule is to take effect; said petition must request that a hearing be held pursuant to Section 72-205.02; and, the petition must be signed by (1) at least twenty-five percent of the lessees in counties having less than 100 leaseholders, or (2) twenty-five of the lessees in counties having 100 or more leaseholders within said counties.

003.02 Formal Petition. Within thirty days after filing the petition required in Section 003 of Chapter 10, a formal petition must be filed with the Board of Educational Lands and Funds setting forth all issues contemplated by the lessees of the affected counties.

003.03 Formal Answer. Within thirty days after filing the formal petition by the petitioning lessees, Counsel for the Board of Educational Lands and Funds must file an answer with the Hearing Examiner, which answer shall be incorporated with the pleadings.

003.04 Hearing Examiner. Upon being appointed as Hearing Examiner pursuant to Chapter 10, subsection 002.01, said Hearing Examiner will become the custodian of all pleadings filed under Chapter 10, Section 003; and said pleadings shall be turned over to the Rearing Examiner upon receipt thereof in the office of the Board of Educational Lands and Funds.

004 Pre-Conference Hearing Procedures

004.01 Stipulations. It is expected that all parties prior to the hearing will stipulate to evidence to the fullest extent to which complete or qualified agreement can be reached including all material facts that are not or should not fairly be in dispute.

004.02 Pre-Trial Conferences. Any party may request that an informal conference be held with a view to resolving issues of fact or otherwise assisting in preparation for a formal hearing or possible disposition of the case in whole or in part without a hearing. Said conference shall take place in the presence of the Hearing Examiner in the office of the Board of Educational Lands and Funds, unless otherwise agreed.

004.03 Motions. The Hearing Examiner shall entertain only the following motions prior to the hearing:

1. Motion for continuance

2. Motion for dismissal

3. Motion for disqualification of Hearing Officer

While the above- listed motions must be heard by the Hearing Examiner, other motions may be heard upon agreement by the parties. All motions prior to hearing will be heard in the office of the Board of Educational Lands and Funds, unless otherwise agreed.

004.04 Filing of Motions And Notice. All motions prior to hearing will be filed in the office of the Board of Educational Lands and Funds and notice given to all interested parties by registered or certified mail, return receipt requested, and must give a minimum of seven days notice prior to hearing on the motion. All motions must be filed at least 14 days prior to the date of the published hearing. No motion, other than a Motion for Continuance, may be heard prior to hearing if not filing at least 14 days prior to the date of the hearing.

005 Hearing

005.01 General. All hearings conducted pursuant to these rules will conform generally with the trial procedure in the District Courts of the State of Nebraska.

005.02 Motions. The Hearing Examiner may entertain any motion prior to or during the hearing; it shall be within the discretion of the Hearing Examiner to rule on motions immediately or to take them under advisement and proceed with the hearing; any motion taken under advisement will be ruled on within two weeks following completion of the hearing, and all parties will be advised as to the Hearing Examiner's ruling.

005.03 Opening Argument. Any party wishing to make an opening argument for the record may do so.

005.04 Presentation of Evidence. It shall be incumbent upon the petitioning lessees to present their case first, whereupon the Board of Educational Lands and Funds shall present its case. Rebuttal witnesses may be allowed in the discretion of the Hearing Examiner.

005.05 Hearing Examiner's Evidence. The Hearing Examiner shall have discretion to call any witnesses he desires after both parties have rested. In the event the Hearing Examiner's witnesses present new evidence, an opportunity for rebuttal will be allowed either party.

005.06 Closing Arguments. Any party wishing to make a closing argument for the record may do so.

005.07 Legal Briefs. The Hearing Examiner is authorized by these rules to require legal briefs to be filed within thirty days of the conclusion of the hearing by both parties. Said briefs shall direct their attention to the legal issues set forth in the pleadings.

005.08 Findings And Recommendations By Hearing Examiner. The Hearing Examiner shall file his findings and recommendations with the Board of Educational Lands and Funds as soon as is conveniently possible, and shall serve a copy thereof to all attorneys of record or other designated representative.

006 Evidence

006.01 Admissibility of Evidence. The Hearing Examiner may admit and give probative effect to evidence which possesses probative value commonly accepted among reasonable prudent men in the conduct of their own affairs. Incompetent, irrelevant, immaterial and unduly repetitious evidence may be excluded.

006.02 Copies As Evidence. A copy of any book, record, paper or document may be offered directly in evidence in lieu of the original, where the original is unavailable or where there is not objection; and where the original is admitted in evidence, a copy may be substituted later for the original or such part thereof as may be material or relevant upon leave granted in the discretion of the Hearing Examiner.

006.03 Identification of Exhibits. Exhibits attached to a stipulation or entered in evidence which are offered by a petitioning lessee shall be numbered serially; whereas, those offered by the Board of Educational Lands and Funds shall be lettered serially; and those offered jointly shall be numbered and lettered serially.

006.04 Disposition of Exhibits. After a final order has been rendered by the Board of Educational Lands and Funds, either party desiring the return, at his own expense, of any exhibits belonging to him shall make application in writing to the Hearing Examiner within thirty days thereof suggesting a practical manner of delivery; otherwise, exhibits may be disposed of as the Hearing Examiner deems advisable.

006.05 Official Notice of Evidence. The Hearing Examiner may take notice of judicially recognizable facts and of general, technical, or scientific facts within the specialized knowledge of the Hearing Examiner. Parties to a proceeding shall be notified either before or during the hearing of facts so notice and shall be afforded an opportunity to contest such facts.

006.06 Evidence Outside The Record. Except as provided by these regulations, the Hearing Examiner shall not consider factual information or evidence in the determination of any proceeding unless the same shall have been offered and made a part of the record in the proceeding.

006.07 Presentation of Evidence And Testimony. Every party to said hearing shall have the right to present evidence and testimony of witnesses and to cross-examine any witness who testifies in behalf of an adverse party. Opportunities shall be afforded every party to present evidence and testimony as rebuttal to evidence presented by another party, except that repetitious evidence shall be excluded.

006.08 Rules Of Evidence. Any party may request that the proceeding be bound by the rules of evidence applicable in a District Court of Nebraska. Such party shall file with the Hearing Examiner, at least 14 days prior to the date of the scheduled hearing, a written request that the hearing be so conducted.

006.09 Record Of Hearing. The petitioning lessees may request and obtain a certified copy of the record of the hearing. Charges for preparing the certified copy of the record shall be paid by the party requesting it. The official record will consist of the Court Reporter's record and all exhibits received in evidence.

History

• Effective 1983-09-03

Chapter 11 Assignments

Neb. Admin. Code tit. 97, ch. 11 Assignments {#sec-97-nac-11 omnilex-key=us-ne-regs-official--title-97--97 NAC 11}

001 Approval . No lease shall be assigned without the written approval of the Board of Educational Lands and Funds

002 Application . Applications for assignments must be made on a form approved by the Board and subscribed to under oath by both the assignor and assignee.

003 Improvement Inventory . An improvement inventory must be completed by the assignor and the assignee and returned to the Board before the application can be considered.

004 Assignee Notification . The assignee shall be notified of Board policy in regard to ownership of the improvements that may be on the land being considered for an assignment.

005 Information Requirements . The actual total consideration for the assignment, including improvements, must be stated. The amount paid for the improvements must also be stated separately.

006 Qualifications . No assignment of a lease will be approved unless the assignee is a person who would qualify as an original lessee If there is more than one assignee, each one must meet the requirements of eligibility to hold an educational land lease.

007 Reclassification And Reappraisal . Whenever an application for assignment is made, the land may be subject to reclassification or reappraisal at the discretion of the Board.

008 Assignee Improvements . All improvements constructed, installed, or established on the lease while in the possession of the assignee shall become property of the State of Nebraska unless written permission is obtained from the Board of Educational Lands and Funds to construct, install, or establish such improvements.

009 Conservation, Agreement . The assignee of an educational land lease must cooperate with the local Soil Conservation District and must carry out the program of conservation operations upon the school land in accordance with the rules and regulations of the Board. All conservation improvements and operations recommended by the Conservation District must be approved by the Board of Educational Lands and Funds prior to the time such operations or improvements are commenced.

010 Assignment Fee . A fee of Fifty Dollars ($50.00) must accompany the application. This fee shall cover costs of administration, filing and recording.

011 Rental . Rental must be paid to date before an assignment will be approved and recorded.

012 Covenants . The assignee will be held strictly accountable for observance of all covenants of the lease.

013 Death of Lessee; Certificate of Death . In the event any or all of the lessees of record should die during the term of their lease, a Certification of Death will be adequate to transfer interest in the lease to the lessee (lessee's) estate.

014 Distribution of Lessee's Estate . A certified decree from a court of proper jurisdiction distributing the assets of the lessee's estate including any interest on a school land lease will be adequate to transfer said interest in the lease from the lessee's estate to the party or parties denominated meet the eligibility requirements of these rules and regulations.

015 Death of Lessee; Rights of Survivorship . Should any lessee die holding an educational lease with rights of survivorship, the Death Certificate will be adequate to transfer interest in said lease to the remaining lessee or lessees.

Chapter 11 (001-005) Sec. 72-232 Nebr. Rev. Stat. Chapter 11 (006) Sec. 72-234.02 Nebr. Rev. Stat. Chapter 11 (007-009) Sec. 72-232 Nebr. Rev. Stat. Chapter 11 (010) Sec. 33-104 Nebr. Rev. Stat. Chapter 11 (001-015) Sec. 72-232 Nebr. Rev. Stat.

History

• Effective 1983-09-03

Chapter 12 Subleasing

Neb. Admin. Code tit. 97, ch. 12 Subleasing {#sec-97-nac-12 omnilex-key=us-ne-regs-official--title-97--97 NAC 12}

001 Approval . No educational lands held under lease shall be subleased without written approval of the Board of Educational Lands and Funds.

002 Application . Application to sublease must be made on a form approved by the Board and must be subscribed to under oath by both the lessee and the sublessee. For each lease considered for sublease, a separate application must be submitted .

003 Notification . A copy of the farm lease or sublease agreement must accompany the application. If the farm lease or sublease agreement should change at any time, the lessee shall notify the Board of such change within 30 days.

004 Reclassification and Reappraisal . Whenever an application to sublease is made, the land shall be subject to reclassification or reappraisal at the discretion of the Board.

005 Approval Requirements . No sublease shall be approved unless the sublease is also leasing from the lessee other land with substantially enough acreage or value, or unless the improvements owned by the lessee that are on the educational land are of a substantial value to warrant a sublease. The Board will make a determination on each application individually to determine eligibility for a sublease.

006 Subleasing Fee . A fee of $10.00 for filing and recording must accompany the application for subleasing, plus an additional fee of twenty cents ($0.20) per acre for each acre sought to be subleased to defray the expenses involved in the supervision of subleases. The fees shall be refunded if the application is rejected by the Board.

007 Subleasing; Inspection Expenses . If a field inspection is necessary, all expenses incurred beyond the fee of twenty cents ($0.20) per acre remitted with application shall be paid by the applicant.

008 Subleasing; Time Requirements . Applications to sublease educational land shall be made on a year-to-year basis. Applications for renewal shall be made at least thirty (30) days prior to the expiration of an existing, Board approved, sublease period.

009 Conservation, Agreement . Both lessee and sublessee must be cooperators with the local Soil Conservation District and must carry out the program of conservation operations upon the educational land in accordance with the rules and regulations of the Board. All conservation improvements and operations recommended by the Conservation District must be approved by the Board of Educational Lands and Funds prior to the time such operations or improvements are commenced.

010 Rental . Rental, delinquent interest, and all fees must be paid to date before a sublease agreement will be approved.

011 Subleasing; Requirements . All rules, regulations, and covenants which apply to the present lease and lessee shall also be binding on the sublessee.

012 Covenants . The lessee will be held strictly accountable for the observance of all covenants of the lease.

013 Rental Adjustment . There shall be no automatic rental adjustments on tracts under sublease.

014 Violations . The Secretary shal1 record any violation of sublease regulations to the Board.

History

• Effective 1983-09-03

Chapter 13 Miscellaneous Rules

Neb. Admin. Code tit. 97, ch. 13 Miscellaneous Rules {#sec-97-nac-13 omnilex-key=us-ne-regs-official--title-97--97 NAC 13}

001 Escheat Lands . All lands escheating to the state are appraised and leased or sold in the same manner as common school lands.

002 Surveyor . The Secretary of the Board of Educational Lands and Funds is granted the authority by the Board to request surveys from the State Surveyor to determine location of boundary lines and acres of land within educational land leases when such a survey is necessary to make accurate appraisals or to determine ownership of improvements. The Secretary shall direct such request for survey only when he feels it necessary for the best interest of the Trust.

003 Sale of Timber on Educational Lands .

003.01 Sale of timber on educational lands shall be initiated on motion of the Board of Educational Lands and Funds.

003.02 Any timber offered for sale shall be appraised by the Nebraska Forestry Service or other qualified party and the appraised value thereof reported to the Board of Educational Lands and Funds for its approval.

003.03 Such timber, when approved for sale, shall be offered for sale by sealed bid. Such timber shall be sold to the highest and best bidder.

003.04 Requests for bids shall be advertised for two successive weeks in a legal newspaper of general circulation within the county where the timber is located. The Board may also utilize other methods of advertising as deemed necessary.

003.05 Sealed bids shall be tendered on a form provided by the Board of Educational Lands and Funds, which form may be obtained in the general offices of the Board. The Board further reserves the right to reject any and all bids.

003.06 A bid shall constitute an irrevocable offer for a period of thirty days from the date the bid is received in the office of the Board of Educational Lands and Funds. Upon notification that that the offer is accepted a certified check, cashiers check, bank draft, money order or cash shall be tendered at the time the contract is awarded.

003.07 The Board of Educational Lands and Funds may require the purchaser to furnish bond in such amount as the Board may determine, conditioned upon faithful performance of all of the terms of the contract.

003.08 The purchaser of timber shall be required to remove all branches and other refuse caused by the removal of the timber and shall pay all damages accruing to the lessee of such lands.

004 Commercial Billboard Advertising .

004.01 Expired Leases. Educational Lands that have expired agricultural leases, and are located where thy have a commercial value for advertising purposes shall be inspected by a representative of the Board of Educational Lands and Funds and classified as a commercial site to reflect the value of such purpose. Separate leases covering the property for agricultural and commercial purposes shall be advertised and offered for sale.

004.02 Unexpired Leases.

004.02A Before any billboards are placed on educational lands with unexpired agricultural leases, a sublease from, the lessee of the educational land to the company or agency desiring to use the land for such purpose must be approved by the Board of Educational Lands and Funds.

004.02B No educational lands held under lease shall be subleased without written approval of the Board of Educational Lands and Funds.

004.02C Application to sublease must be made on a form approved by the Board and must be subscribed to under oath by both the lessee and the sublessee. For each lease considered for sublease, a separate application must be submitted.

004.02D Before such sublease application will be approved, the lessee will be required to submit a copy of the sublease agreement with the amount of money to be paid for the sublease stated therein. An inspection of the property shall then be made by a representative of the Board of Educational Lands and Funds and classified as a commercial site to reflect the value of the land for such purpose. Rental shall be charged to the agricultural lessee, accordingly.

004.02E A copy of the Commercial Advertising Lease Agreement must accompany the application.

004.02F Whenever an application to sublease is made, the land shall be subject to reclassification to reflect commercial value.

004.02G A plat showing the location of advertising billboards must accompany the application.

004.02H A fee of $10.00 for filing and recording must accompany the application for subleasing of any educational land. The fees will be refunded in the event the application is rejected.

004.02I If a field inspection is necessary, all expenses incurred shall be paid by the applicant.

004.02J Applications to sublease educational land shall be on a year to year basis unless otherwise provided.

004.02K Rental must be paid to date before a sublease agreement will be approved.

004.02L All rules, regulations, and convenants which apply to the present lease and lessee shall also be binding on the sublessee.

004.02M The lessee will be held strictly accountable for the observance of all covenants of the lease.

Chapter 13 (001-002) Sec. 72-201 Nebr. Rev. Stat. Chapter 13 (003-004) Sec. 72-248 Nebr. Rev. Stat. Chapter 13 (004) Sec. 72-201 Nebr. Rev. Stat.

History

• Effective 1983-09-03