Chapter 37, GAME AND PARKS
626 sections in this chapter.
Neb. Rev. Stat. § 37-1001 Act, how cited; termination.
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Sections 37-1001 to 37-1008 shall be known and may be cited as the Trail Development Assistance Act. The Trail Development Assistance Act shall terminate January 1, 2010, and any money in the Trail Development Assistance Fund at such time shall be transferred to the General Fund.
Neb. Rev. Stat. § 37-1002 Legislative findings.
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The Legislature finds that the abandonment of railroad rights-of-way in this state provides a unique opportunity to develop a statewide system of recreational trails by which citizens of Nebraska may enjoy the greenways or linear parks that will result and that such trails may ac…
Neb. Rev. Stat. § 37-1003 Trail Development Assistance Fund; created; use; investment.
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The Trail Development Assistance Fund is hereby created. The fund shall consist of any direct appropriation by the Legislature and any funds received as gifts, bequests, or other contributions to such fund from public or private entities. The fund shall be administered by the Gam…
Neb. Rev. Stat. § 37-1004 Funding; application; grants; section, how construed.
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(1) Any natural resources district, political subdivision, other public agency, or private nonprofit organization whose primary purpose is the purchase, development, or maintenance of a recreational trail within the state or any combination thereof may apply to the Game and Parks…
Neb. Rev. Stat. § 37-1005 Administrative costs; limitation; rules and regulations.
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Administrative costs for the administration of the Trail Development Assistance Fund shall not exceed five percent of the appropriation authorized by the Legislature. The Game and Parks Commission may adopt and promulgate rules and regulations to carry out the Trail Development A…
Neb. Rev. Stat. § 37-1006 Eminent domain power.
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The Trail Development Assistance Act shall not be construed to limit the power of eminent domain of the state or its agencies.
Neb. Rev. Stat. § 37-1007 Boundary fences.
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Whenever abandoned railroad right-of-way trails are developed pursuant to the Trail Development Assistance Act, boundary fences shall be constructed and maintained as required for railroads in sections 74-601 to 74-604 unless such construction and maintenance is waived in writing…
Neb. Rev. Stat. § 37-1008 Warning signs.
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Owners or operators of a trail developed pursuant to the Trail Development Assistance Act shall, at appropriate entry points, place signs warning that departures from the boundaries of the trail as marked by fences or otherwise may result in prosecution for trespass.
Neb. Rev. Stat. § 37-1009 State agency or political subdivision; establish fees.
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A state agency or political subdivision which owns or operates a recreational trail may establish and collect a user fee or a voluntary fee for the use of the trail as determined by the state agency or political subdivision. The fees shall be accounted for separately and shall be…
Neb. Rev. Stat. § 37-101 Game and Parks Commission; members; qualifications; term; appointment; removal; limitation on reappointment.
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(1)(a) The Game and Parks Commission shall consist of nine members, one from each of the eight districts provided for by section 37-102 and one at-large member, and shall be appointed by the Governor with the consent of a majority of all members of the Legislature. (b) Members of…
Neb. Rev. Stat. § 37-1010 Recreational trails; public policy.
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It is the public policy of the State of Nebraska that (1) abandoned railroad rights-of-way should be kept intact for future possible use as recreation, conservation, communications, and transportation corridors and (2) the laws of the State of Nebraska should be construed to effe…
Neb. Rev. Stat. § 37-1011 Lease of undeveloped land; when.
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If any portions of the right-of-way accepted under section 37-912 or 37-914 are not immediately developed as a state recreational trail or for habitat, the Game and Parks Commission shall use its best efforts to lease undeveloped portions of the right-of-way, with first priority …
Neb. Rev. Stat. § 37-1012 Responsibility for fences.
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(1) The Game and Parks Commission shall have the same responsibility with regard to division fences as a private landowner as provided in sections 34-102 to 34-117, except that in those areas where a state recreational trail is developed, the commission shall have the same respon…
Neb. Rev. Stat. § 37-1013 Sanitary facilities required; camping or open fires prohibited.
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If the right-of-way or any portion thereof is used as a state recreational trail pursuant to sections 37-912 and 37-1011, appropriate sanitary facilities shall be provided along the trail for the use of persons using the trail. Camping or open fires shall be prohibited on such ri…
Neb. Rev. Stat. § 37-1014 Rules and regulations.
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If the right-of-way or portion thereof is used as a state recreational trail or for other purposes as provided in sections 37-912 and 37-1011, the Game and Parks Commission shall adopt and promulgate rules and regulations to carry out the purposes of sections 37-912 and 37-1010 t…
Neb. Rev. Stat. § 37-1015 State Recreational Trails Coordinator; duties.
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(1) The position of State Recreational Trails Coordinator may be established and appointed by the Game and Parks Commission. Necessary office space, furniture, equipment, and supplies as well as necessary professional, technical, and clerical assistance shall be provided by the c…
Neb. Rev. Stat. § 37-1016 Cowboy Trail; Game and Parks Commission; lease or transfer of portions authorized.
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The Game and Parks Commission may lease or otherwise transfer portions of the Cowboy Trail to a political subdivision. The commission may lease portions of the Cowboy Trail to a nonprofit organization. The lessee or transferee shall maintain the property at its own expense. Any s…
Neb. Rev. Stat. § 37-1017 Trail Development and Maintenance Fund; created; use; investment.
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The Trail Development and Maintenance Fund is hereby created. The fund shall consist of transfers at the direction of the Legislature and any gifts, bequests, or other contributions to such fund from public or private entities. The Game and Parks Commission shall administer the f…
Neb. Rev. Stat. § 37-102 Game and Parks Commission; districts.
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For purposes of section 37-101, the state is hereby divided into eight districts. The limits and designations of the eight districts shall be as follows: (1) District No. 1. The counties of Richardson, Pawnee, Nemaha, Johnson, Otoe, Cass, Sarpy, Saunders, Butler, Gage, Seward, Sa…
Neb. Rev. Stat. § 37-103 Game and Parks Commission; chairperson; election.
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The members of the Game and Parks Commission shall meet in January of each year and shall elect a chairperson of the commission from the membership.
Neb. Rev. Stat. § 37-104 Game and Parks Commission; meetings; special meeting; notice; place; quorum; agreement with city of Lincoln for building and facilities; location.
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Regular meetings of the Game and Parks Commission shall be held quarterly. Special meetings may be held upon call of the chairperson or pursuant to a call signed by three other members, of which the chairperson shall have three days' written notice. No official action shall be ta…
Neb. Rev. Stat. § 37-105 Game and Parks Commission; expenses; per diem.
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The members of the Game and Parks Commission, other than the secretary, shall be reimbursed for expenses incurred in the discharge of their official duties as provided in sections 81-1174 to 81-1177 and shall be allowed a per diem of thirty-five dollars for days actually away fro…
Neb. Rev. Stat. § 37-106 Game and Parks Commission; secretary; qualifications; terms; compensation; expenses; duties; removal.
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The Game and Parks Commission shall appoint a secretary, who will act as its director and chief conservation officer and be in charge of its activities. He or she shall be a person with knowledge of and experience in the requirements of the protection, propagation, conservation, …
Neb. Rev. Stat. § 37-107 Game and Parks Commission; secretary; duties; deposit of receipts from administration of game and fish laws; credited to State Game Fund.
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It shall be the duty of the secretary to keep an exact and detailed account and record of the activities of the Game and Parks Commission, and on September 15 of each year, he or she shall submit to the Governor a report of all expenditures made during the preceding fiscal year, …
Neb. Rev. Stat. § 37-108 Game and Parks Commission; employees; appointment; compensation; interference with an election; prohibited.
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The secretary, under the direction of the Game and Parks Commission acting in official session, is authorized to appoint such conservation officers, agents, office employees, and such other employees as may be required efficiently to enforce the laws for the protection of wildlif…
Neb. Rev. Stat. § 37-109 Game and Parks Commission; officers; oath.
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Each commissioner and every conservation officer and each administrative officer under the Game and Parks Commission, before entering upon the duties of his or her office, shall subscribe and take the constitutional oath of office, which shall be filed in the office of the Secret…
Neb. Rev. Stat. § 37-110 Game and Parks Commission; commissioners, officers, and employees; bond or insurance.
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Each member of the Game and Parks Commission, all conservation officers, managers and custodians of parks, hatcheries, and captive wildlife facilities, all other agents, and all employees thereof, shall be bonded or insured as required by section 11-201.
Neb. Rev. Stat. § 37-111 Water safety education; grants; powers and duties.
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The Game and Parks Commission shall create a program for the purpose of providing financial support for the education of persons about water safety in general and specifically for the education of children about staying away from water unless accompanied by an adult. The commissi…
Neb. Rev. Stat. § 37-112 Josh the Otter-Be Safe Around Water Cash Fund; created; use; investment.
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The Josh the Otter-Be Safe Around Water Cash Fund is created for the purpose of funding the program set forth in section 37-111. The fund shall consist of any money credited to the fund pursuant to section 60-3,163.02. The fund may also receive gifts, bequests, grants, or other c…
Neb. Rev. Stat. § 37-12,100 Abandoned motorboat; title; vest in local authority or state agency; when.
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If an abandoned motorboat, at the time of abandonment, has no hull identification number affixed and is of a wholesale value, taking into consideration the condition of the motorboat, of two hundred fifty dollars or less, title shall immediately vest in the local authority or sta…
Neb. Rev. Stat. § 37-12,101 Local authority or state agency; powers and duties.
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(1) Except for motorboats covered by section 37-12,100, the local authority or state agency having custody of an abandoned motorboat shall make an inquiry concerning the last-registered owner of such motorboat to the Department of Motor Vehicles. (2) The local authority or state …
Neb. Rev. Stat. § 37-12,102 State or local law enforcement agency; powers and duties.
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A state or local law enforcement agency which has custody of a motorboat for investigatory purposes and has no further need to keep it in custody shall send a certified letter to each of the last-registered owners stating that the motorboat is in the custody of the law enforcemen…
Neb. Rev. Stat. § 37-12,103 Custody; who entitled.
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If a state agency caused an abandoned motorboat described in subdivision (1)(d) of section 37-1299 to be removed from public property, the state agency shall be entitled to custody of the motorboat. If a state agency caused an abandoned motorboat described in subdivision (1)(a), …
Neb. Rev. Stat. § 37-12,104 Proceeds of sale; disposition.
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Any proceeds from the sale of an abandoned motorboat less any expenses incurred by the local authority or state agency shall be held by the local authority or state agency, without interest, for the benefit of the owner or lienholders of such motorboat for a period of two years. …
Neb. Rev. Stat. § 37-12,105 Liability for removal.
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Neither the owner, lessee, nor occupant of the premises from which any abandoned motorboat is removed, nor the state, city, village, or county, shall be liable for any loss or damage to such motorboat which occurs during its removal or while in the possession of the state, city, …
Neb. Rev. Stat. § 37-12,106 Person cannot abandon a motorboat.
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No person shall cause any motorboat to be abandoned as described in subdivision (1)(a), (b), or (c) of section 37-1299.
Neb. Rev. Stat. § 37-12,107 Destroy, deface, or remove parts; unlawful; exception; violation; penalty.
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No person other than one authorized by the appropriate local authority or state agency shall destroy, deface, or remove any part of a motorboat which is left unattended on a highway or other public place without a hull identification number affixed or which is abandoned. Anyone v…
Neb. Rev. Stat. § 37-12,108 Costs of removal and storage; last-registered owner; liable.
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The last-registered owner of an abandoned motorboat shall be liable to the local authority or state agency for the costs of removal and storage of such motorboat.
Neb. Rev. Stat. § 37-12,109 Rules and regulations.
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The Director of Motor Vehicles may adopt and promulgate rules and regulations providing for such forms and procedures as are necessary or desirable to effectuate sections 37-1299 to 37-12,110. Such rules and regulations may include procedures for the removal and disposition of hu…
Neb. Rev. Stat. § 37-12,110 Violations; penalty.
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Any person violating sections 37-1299 to 37-12,106 shall be guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 37-1201 Act, how cited; declaration of policy.
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Sections 37-1201 to 37-12,110 shall be known and may be cited as the State Boat Act. It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.
Neb. Rev. Stat. § 37-1202 Definitions, where found.
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For the purposes of the State Boat Act, unless the context otherwise requires, the definitions found in sections 37-1203 to 37-1210 shall be used.
Neb. Rev. Stat. § 37-1203 Vessel, defined.
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Vessel shall mean every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
Neb. Rev. Stat. § 37-1204 Motorboat, defined.
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Motorboat shall mean any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any fed…
Neb. Rev. Stat. § 37-1204.01 Personal watercraft, defined.
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Personal watercraft shall mean a class of motorboat less than sixteen feet in length which uses an internal combustion engine powering a jet pump as its primary source of motive propulsion and is designed to be operated by a person sitting, standing, or kneeling on the watercraft…
Neb. Rev. Stat. § 37-1204.02 Amphibious vehicle, defined.
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Amphibious vehicle means a vehicle that is a means of transport viable on land and on or under water.
Neb. Rev. Stat. § 37-1205 Owner, defined.
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Owner shall mean a person, other than a lienholder, having the property in or title to a motorboat. The term shall include a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or …
Neb. Rev. Stat. § 37-1206 Waters of this state, defined.
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Waters of this state shall mean any waters within the territorial limits of Nebraska.
Neb. Rev. Stat. § 37-1207 Person, defined.
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Person shall mean an individual, partnership, limited liability company, firm, corporation, association, or other entity.
Neb. Rev. Stat. § 37-1208 Operate, defined.
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Operate shall mean to navigate or otherwise use a motorboat or vessel.