Chapter 37 — GAME AND PARKS
640 sections in this chapter.
Neb. Rev. Stat. § 37-1509 Commission; additional contracts authorized; matching grants.
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The commission, at its own discretion, may enter into contracts with other entities for purposes of executing or expanding the program. The commission may include the offer of matching grants to pay for deer processing to entities that acquire funding from sources other than the …
Neb. Rev. Stat. § 37-1510 Hunters Helping the Hungry Cash Fund; created; use; investment.
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The Hunters Helping the Hungry Cash Fund is created. The fund shall include amounts designated for the fund pursuant to section 37-1504 and revenue received from gifts, grants, bequests, donations, other similar donation arrangements, or other contributions from public or private…
Neb. Rev. Stat. § 37-1601 Interstate Wildlife Violator Compact.
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The Legislature hereby adopts the Interstate Wildlife Violator Compact and enters into such compact with all states legally joining the compact in the form substantially as contained in this section. Article I Definitions For purposes of the Interstate Wildlife Violator Compact: …
Neb. Rev. Stat. § 37-1701 Act, how cited.
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Sections 37-1701 to 37-1732 shall be known and may be cited as the State Park System Construction Alternatives Act.
Neb. Rev. Stat. § 37-1702 Definitions, where found.
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For purposes of the State Park System Construction Alternatives Act, unless the context otherwise requires, the definitions found in sections 37-1703 to 37-1716 are used.
Neb. Rev. Stat. § 37-1703 Alternative technical concept, defined.
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Alternative technical concept means changes suggested by a qualified, eligible, short-listed design-builder to the commission's basic configurations, project scope, design, or construction criteria.
Neb. Rev. Stat. § 37-1704 Best value-based selection process, defined.
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Best value-based selection process means a process of selecting a design-builder using price, schedule, and qualifications for evaluation factors.
Neb. Rev. Stat. § 37-1705 Commission, defined.
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Commission means the Game and Parks Commission.
Neb. Rev. Stat. § 37-1706 Construction manager, defined.
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Construction manager means the legal entity which proposes to enter into a construction manager-general contractor contract pursuant to the State Park System Construction Alternatives Act.
Neb. Rev. Stat. § 37-1707 Construction manager-general contractor contract, defined.
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Construction manager-general contractor contract means a contract which is subject to a qualification-based selection process between the commission and a construction manager to furnish preconstruction services during the design development phase of the project and, if an agreem…
Neb. Rev. Stat. § 37-1708 Construction services, defined.
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Construction services means activities associated with building the project.
Neb. Rev. Stat. § 37-1709 Design-build contract, defined.
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Design-build contract means a contract between the commission and a design-builder which is subject to a best value-based selection process to furnish (1) architectural, engineering, and related design services and (2) labor, materials, supplies, equipment, and construction servi…
Neb. Rev. Stat. § 37-1710 Design-builder, defined.
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Design-builder means the legal entity which proposes to enter into a design-build contract.
Neb. Rev. Stat. § 37-1711 Preconstruction services, defined.
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Preconstruction services means all nonconstruction-related services that a construction manager performs in relation to the design of the project before execution of a contract for construction services. Preconstruction services includes, but is not limited to, cost estimating, v…
Neb. Rev. Stat. § 37-1712 Project performance criteria, defined.
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Project performance criteria means the performance requirements of the project suitable to allow the design-builder to make a proposal. Performance requirements shall include, but are not limited to, the following, if required by the project: Capacity, durability, standards, ingr…
Neb. Rev. Stat. § 37-1713 Proposal, defined.
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Proposal means an offer in response to a request for proposals (1) by a design-builder to enter into a design-build contract or (2) by a construction manager to enter into a construction manager-general contractor contract.
Neb. Rev. Stat. § 37-1714 Qualification-based selection process, defined.
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Qualification-based selection process means a process of selecting a construction manager based on qualifications.
Neb. Rev. Stat. § 37-1715 Request for proposals, defined.
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Request for proposals means the documentation by which the commission solicits proposals.
Neb. Rev. Stat. § 37-1716 Request for qualifications, defined.
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Request for qualifications means the documentation or publication by which the commission solicits qualifications.
Neb. Rev. Stat. § 37-1717 Purpose.
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The purpose of the State Park System Construction Alternatives Act is to provide the commission alternative methods of contracting for public projects for buildings in the state park system. The alternative methods of contracting shall be available to the commission for use on an…
Neb. Rev. Stat. § 37-1718 Contracts authorized.
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The commission, in accordance with the State Park System Construction Alternatives Act, may solicit and execute a design-build contract or a construction manager-general contractor contract for a public project in the state park system.
Neb. Rev. Stat. § 37-1719 Architect; engineer; hiring authorized.
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The commission may hire an architect licensed pursuant to the Engineers and Architects Regulation Act or an engineer licensed pursuant to the act to assist the commission with the development of project performance criteria and requests for proposals, with evaluation of proposals…
Neb. Rev. Stat. § 37-1720 Guidelines for entering into contracts.
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The commission shall adopt guidelines for entering into a design-build contract or construction manager-general contractor contract. The guidelines shall include the following: (1) Preparation and content of requests for qualifications; (2) Preparation and content of requests for…
Neb. Rev. Stat. § 37-1721 Process for selecting design-builder and entering into contract.
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The process for selecting a design-builder and entering into a design-build contract shall be in accordance with sections 37-1722 to 37-1725.
Neb. Rev. Stat. § 37-1722 Request for qualifications; prequalify design-builders; publication in newspaper; short list.
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(1) The commission shall prepare a request for qualifications for design-build proposals and shall prequalify design-builders. The request for qualifications shall describe the project in sufficient detail to permit a design-builder to respond. The request for qualifications shal…
Neb. Rev. Stat. § 37-1723 Design-build contract; request for proposals; contents.
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The commission shall prepare a request for proposals for each design-build contract. The request for proposals shall contain, at a minimum, the following elements: (1) The guidelines adopted by the commission in accordance with section 37-1720. The identification of a publicly ac…
Neb. Rev. Stat. § 37-1724 Stipend.
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The commission shall pay a stipend to qualified design-builders that submit responsive proposals but are not selected. Payment of the stipend shall give the commission ownership of the intellectual property contained in the proposals and alternative technical concepts. The amount…
Neb. Rev. Stat. § 37-1725 Alternative technical concepts; evaluation of proposals; commission; power to negotiate.
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(1) Design-builders shall submit proposals as required by the request for proposals. The commission may meet with individual design-builders prior to the time of submitting the proposal and may have discussions concerning alternative technical concepts. If an alternative technica…
Neb. Rev. Stat. § 37-1726 Process for selection of construction manager and entering into construction manager-general contractor contract.
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(1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 37-1727 to 37-1729. (2) The commission shall prepare a request for qualifications for construction manag…
Neb. Rev. Stat. § 37-1727 Construction manager-general contractor contract; request for proposals; contents.
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The commission shall prepare a request for proposals for each construction manager-general contractor contract. The request for proposals shall contain, at a minimum, the following elements: (1) The guidelines adopted by the commission in accordance with section 37-1720. The iden…
Neb. Rev. Stat. § 37-1728 Submission of proposals; procedure; evaluation of proposals; commission; power to negotiate.
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(1) Construction managers shall submit proposals as required by the request for proposals. (2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals. (3) Proposals may be withd…
Neb. Rev. Stat. § 37-1729 Commission; duties; powers.
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(1) Before the construction manager begins any construction services, the commission shall: (a) Conduct an independent cost estimate for the project; and (b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor contract …
Neb. Rev. Stat. § 37-1730 Contract changes authorized.
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A design-build contract and a construction manager-general contractor contract may be conditioned upon later refinements in scope and price and may permit the commission in agreement with the design-builder or construction manager to make changes in the project without invalidati…
Neb. Rev. Stat. § 37-1731 Insurance requirements.
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Nothing in the State Park System Construction Alternatives Act shall limit or reduce statutory or regulatory requirements regarding insurance.
Neb. Rev. Stat. § 37-1732 Rules and regulations.
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The commission may adopt and promulgate rules and regulations to carry out the State Park System Construction Alternatives Act.
Neb. Rev. Stat. § 37-1801 Act, how cited.
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Sections 37-1801 to 37-1803 shall be known and may be cited as the Water Recreation Enhancement Act.
Neb. Rev. Stat. § 37-1802 Legislative findings and declarations.
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The Legislature finds and declares as follows: (1) The future vibrancy of the people, communities, and businesses of Nebraska depends on reliable sources of water; (2) While it is in the state's best interest to retain control over its water supplies, much of the state's water re…
Neb. Rev. Stat. § 37-1803 Act; purposes; Game and Parks Commission; powers; legislative intent; contracts; conflict-of-interest provisions.
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(1) The purposes of the Water Recreation Enhancement Act are to administer and carry out the following projects: (a) Marina construction projects or other projects identified to improve water access or recreational opportunities at Lake McConaughy and the Lewis and Clark State Re…
Neb. Rev. Stat. § 37-1804 Water Recreation Enhancement Fund; created; use; investment.
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(1) The Water Recreation Enhancement Fund is created. The fund shall be administered by the Game and Parks Commission. The State Treasurer shall credit to the fund any money transferred to the fund by the Legislature and such donations, gifts, bequests, or other money received fr…
Neb. Rev. Stat. § 37-201 Game Law, how cited.
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Sections 37-201 to 37-814 and 37-1501 to 37-1510 and the State Park System Construction Alternatives Act shall be known and may be cited as the Game Law.
Neb. Rev. Stat. § 37-202 Definitions, where found.
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For purposes of the Game Law, unless the context otherwise requires, the definitions found in sections 37-203 to 37-247.01 are used.
Neb. Rev. Stat. § 37-203 Aquaculture, defined.
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Aquaculture has the meaning found in section 2-3804.01.
Neb. Rev. Stat. § 37-204 Aquaculture facility, defined.
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Aquaculture facility means any facility, structure, lake, pond, tank, or tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting cultured aquatic stock.
Neb. Rev. Stat. § 37-205 Aquaculturist, defined.
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Aquaculturist means any individual, partnership, limited liability company, or corporation, other than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.
Neb. Rev. Stat. § 37-206 Aquatic disease, defined.
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Aquatic disease means any departure from a normal state of health of aquatic organisms caused by disease agents.
Neb. Rev. Stat. § 37-206.01 Aquatic invasive species, defined.
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Aquatic invasive species means exotic or nonnative aquatic organisms listed in rules and regulations of the commission which pose a significant threat to the aquatic resources, water supplies, or water infrastructure of this state.
Neb. Rev. Stat. § 37-207 Aquatic organism, defined.
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Aquatic organism means an individual member of any species of fish, mollusk, crustacean, aquatic reptile, aquatic amphibian, aquatic insect, or other aquatic invertebrate. Aquatic organism includes the viable gametes, eggs or sperm, of an aquatic organism.
Neb. Rev. Stat. § 37-207.01 Authorized inspector, defined.
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Authorized inspector means a person who meets the requirements established in rules and regulations of the commission to inspect for aquatic invasive species and includes, but is not limited to, a conservation officer and a peace officer as defined in section 49-801.
Neb. Rev. Stat. § 37-208 Bait, defined.
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Bait means anything used in luring fish or other animals to a hook, snare, enclosure, or net for the purpose of taking them.
Neb. Rev. Stat. § 37-208.01 Bonus point, defined.
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Bonus point means a point or points accrued by an applicant for preference in a random permit drawing in which the number of points determines the number of entries in the permit drawing.