Chapter 57, MINERALS, OIL, AND GAS
203 sections in this chapter.
Neb. Rev. Stat. § 57-1001 Service of process.
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The performance of any service in connection with exploring for oil and gas, drilling wells therefor, regardless of whether such wells be dry, development of oil and gas interests, and operating and servicing oil and gas properties by (1) a nonresident of the State of Nebraska or…
Neb. Rev. Stat. § 57-101 Coal and iron development; state aid; conditions.
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When it shall be made apparent to the Governor of Nebraska, by affidavit or otherwise, by the owner or owners thereof, that a vein of coal, not less than twenty-six inches in thickness, and of sufficient capacity to pay to mine, and within such distance from the surface that it c…
Neb. Rev. Stat. § 57-104 Prospectors; specimens preserved.
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It shall be the duty of the persons prospecting for coal, any mineral, ore, crude oil, or gas, carefully to preserve specimens from each stratum through which the shafts are sunk, or borings are made; and to deposit the same, properly labeled, in care of the proper department of …
Neb. Rev. Stat. § 57-105 Former discoveries; no aid given.
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The provisions of sections 57-101 to 57-105 shall not apply to any veins of coal or iron ore already discovered nor to any oil wells or gas wells already producing, nor shall the provisions of said sections apply to the discovery of the same vein of coal or iron ore, or oil pool …
Neb. Rev. Stat. § 57-106 Coal development; county aid; petition; election; bonds; limit.
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The county board of each county in this state is hereby authorized and required to submit to the legal voters thereof, on presentation of a petition of twenty resident freeholders of the county, the proposition to issue bonds, not exceeding twenty thousand dollars, the proceeds o…
Neb. Rev. Stat. § 57-107 Bonds; election; issuance; payment; laws applicable.
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So far as applicable sections 10-401 to 10-405 shall govern the proceedings to submit such proposition, issue bonds, and provide for payment of the same; Provided, section 57-106 shall not apply to the counties of Burt, Washington and Sarpy.
Neb. Rev. Stat. § 57-1101 Acquisition of property by eminent domain; authorized; procedure.
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Any person engaged in, and any company, corporation, or association formed or created for the purpose of, transporting or conveying crude oil, petroleum, gases, or other products thereof in interstate commerce through or across the State of Nebraska or intrastate within the State…
Neb. Rev. Stat. § 57-1102 Crossing public roads or highways; rights acquired; restrictions.
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Any such person, company, corporation, or association, in the laying, relaying, operation, and maintenance of any such pipeline within the State of Nebraska, shall have the right to enter upon and cross, with such pipeline, any public road or highway, under such reasonable regula…
Neb. Rev. Stat. § 57-1103 Easements across public lands; acquisition; assessment of damages.
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Any person engaged in, and any company, corporation, or association formed or created for the purpose of transporting or conveying crude oil, petroleum, or other products thereof, in interstate commerce through, or across the State of Nebraska, or intrastate within the State of N…
Neb. Rev. Stat. § 57-1104 Appeal; procedure.
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Any party objecting to such allowance may, within thirty days from the entering of the award, appeal to the district court of the county in which such lands are situated by entering into an undertaking to the State of Nebraska, to be approved by the Board of Educational Lands and…
Neb. Rev. Stat. § 57-1105 Award; payment; rights acquired; limitation on determination on appeal.
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Upon the determination of the amount by the Board of Educational Lands and Funds or governing body, the applicant shall pay the amount to the treasurer of the county in which such lands are situated, for the use of the permanent school fund of this state, if such lands are school…
Neb. Rev. Stat. § 57-1106 Breaking, injuring, damaging, or interfering with pipeline, plant, or equipment; penalty.
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Any person who shall willfully and maliciously break, injure, damage, or otherwise interfere with, any such pipeline, plant, or equipment of any such person, company, corporation, or association, shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 57-1201 Terms, defined.
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As used in sections 57-1201 to 57-1214, unless the context otherwise requires: (1) Person shall mean any natural person, firm, concern, receiver, trustee, executor, administrator, agent, institution, association, partnership, limited liability company, company, corporation, or pe…
Neb. Rev. Stat. § 57-1202 Tax; levy; person liable; due and payable; lien.
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A tax is hereby levied on all uranium severed from the soil of this state. Such tax shall be paid by the person engaged in the severing of such uranium, shall become due and payable monthly, and shall operate as a first lien on all such uranium. Such lien shall follow the resourc…
Neb. Rev. Stat. § 57-1203 Tax; rate.
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The tax imposed by section 57-1202 shall be levied on the value of the uranium severed, and shall be paid at the rate of two percent of the value of such uranium produced each year in excess of five million dollars gross value. The value shall be computed immediately after such s…
Neb. Rev. Stat. § 57-1204 Tax; payment; when; reports; contents.
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The tax imposed by section 57-1202 shall be due and payable in monthly installments on or before the last day of the month next succeeding the month in which the uranium was severed. If the final filing date falls on a Saturday, Sunday, or legal holiday, the next secular or busin…
Neb. Rev. Stat. § 57-1205 Tax; remittance.
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The tax imposed by section 57-1202 shall be paid to the Tax Commissioner who shall pay all money received to the State Treasurer to be placed in the General Fund.
Neb. Rev. Stat. § 57-1206 Tax; security; notice; use.
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The Tax Commissioner, whenever he or she deems it necessary to insure compliance with sections 57-1201 to 57-1214, may require any person subject to the tax imposed by section 57-1202 to deposit with the Tax Commissioner a suitable indemnity bond to insure payment of the tax as t…
Neb. Rev. Stat. § 57-1207 Report; payment of tax; by whom.
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The tax imposed by section 57-1202 shall be paid and the report required by section 57-1204 shall be made by the person engaged in the severing of the uranium, whether or not he or she is the owner of the land from which the uranium is severed.
Neb. Rev. Stat. § 57-1208 Tax; deductions permitted.
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The person remitting to the Tax Commissioner the tax imposed by section 57-1202 shall deduct, from the amount due any person owning an interest in the uranium or in the proceeds of the uranium at the time of severance, the proportionate amount of such tax before making payment to…
Neb. Rev. Stat. § 57-1209 Tax; delinquent; action.
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The Tax Commissioner may bring an action against any person engaged in the severing of uranium for the collection of taxes which are due and delinquent under sections 57-1201 to 57-1214.
Neb. Rev. Stat. § 57-1210 Tax; when delinquent; penalty.
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The tax imposed by section 57-1202 shall become delinquent after the last day of each month and, in addition to the amount of the delinquent tax, there shall be paid and the Tax Commissioner shall collect a penalty for such delinquency in the amount of one percent of the delinque…
Neb. Rev. Stat. § 57-1211 False oath; penalty.
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Any person who shall intentionally make false oath to any return or report required by sections 57-1201 to 57-1214 shall be guilty of perjury and shall, upon conviction thereof, be punished as prescribed by section 28-915.
Neb. Rev. Stat. § 57-1212 Tax Commissioner; supervise tax collections; rules and regulations.
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The Tax Commissioner shall supervise and enforce the collection of all taxes that may be due pursuant to sections 57-1201 to 57-1214. The commissioner may adopt and promulgate any rules and regulations necessary to carry out such sections, including, but not limited to, provision…
Neb. Rev. Stat. § 57-1213 Returns; failure to make; penalty.
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Any person failing or refusing to make returns or reports, as required by sections 57-1201 to 57-1214, and remaining in default for thirty days after notice to him or her by the Tax Commissioner, or failing to comply with any other requirement of sections 57-1201 to 57-1214, shal…
Neb. Rev. Stat. § 57-1214 Delinquencies; Attorney General; county attorney; injunction.
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The Attorney General or the county attorney of the county in which the uranium is located may file a petition in the district court of such county and, upon such filing, the district court shall have the power to restrain by injunction any person from continuing to sever such ura…
Neb. Rev. Stat. § 57-1401 Act, how cited.
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Sections 57-1401 to 57-1413 shall be known and may be cited as the Major Oil Pipeline Siting Act.
Neb. Rev. Stat. § 57-1402 Purposes of act.
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(1) The purposes of the Major Oil Pipeline Siting Act are to: (a) Ensure the welfare of Nebraskans, including protection of property rights, aesthetic values, and economic interests; (b) Consider the lawful protection of Nebraska's natural resources in determining the location of…
Neb. Rev. Stat. § 57-1403 Legislative findings.
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The Legislature finds that: (1) Nebraska has the authority as a sovereign state to protect its land and natural resources for economic and aesthetic purposes for the benefit of its residents and future generations by regulation through approval or disapproval of major oil pipelin…
Neb. Rev. Stat. § 57-1404 Terms, defined.
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For purposes of the Major Oil Pipeline Siting Act: (1) Commission means the Public Service Commission; (2) Major oil pipeline means a pipeline which is larger than six inches in inside diameter and which is constructed in Nebraska for the transportation of petroleum, or petroleum…
Neb. Rev. Stat. § 57-1405 Pipeline carrier; construction of major oil pipeline; application; substantive change to route; application; contents; notice.
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(1) If a pipeline carrier proposes to construct a major oil pipeline to be placed in operation in Nebraska after November 23, 2011, and the pipeline carrier has submitted a route for an oil pipeline within, through, or across Nebraska but the route is not approved by the Governor…
Neb. Rev. Stat. § 57-1406 Commission; assess expenses; payment; neglect or refusal to pay; failure to file objection; notice of delinquency; collection.
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(1) The commission shall assess the expenses reasonably attributable to investigation and hearing regarding an application filed under section 57-1405, including expenses billed by agencies filing reports as required in subsection (3) of section 57-1407 and both direct and indire…
Neb. Rev. Stat. § 57-1407 Commission; duties; public meetings; agency reports; approval by commission; considerations.
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(1) After receipt of an application under section 57-1405, the commission shall: (a) Within sixty days, schedule a public hearing; (b) Notify the pipeline carrier of the time, place, and purpose of the public hearing; (c) Publish a notice of the time, place, and purpose of the pu…
Neb. Rev. Stat. § 57-1408 Commission order; findings; extension of time; status reports; notice of completion; denial of application; amended application; commission; duties.
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(1) Within seven months after the receipt of the application under section 57-1405, the commission shall enter an order approving the application or denying the application. The commission shall include in the order the findings of the commission regarding the application and the…
Neb. Rev. Stat. § 57-1409 Appeal.
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Any party aggrieved by a final order of the commission regarding an application or assessment under the Major Oil Pipeline Siting Act, including, but not limited to, a decision relating to the public interest, may appeal. The appeal shall be in accordance with section 75-136.
Neb. Rev. Stat. § 57-1410 Rules and regulations.
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The commission shall adopt and promulgate rules and regulations to carry out the Major Oil Pipeline Siting Act.
Neb. Rev. Stat. § 57-1411 Public Service Commission Pipeline Regulation Fund; created; use; investment.
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The Public Service Commission Pipeline Regulation Fund is created. The fund shall be administered by the commission. The fund shall be used by the commission to carry out the Major Oil Pipeline Siting Act. Transfers may be made from the fund to the General Fund at the direction o…
Neb. Rev. Stat. § 57-1412 Commission; powers.
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The commission may contract for professional services and expert assistance, including, but not limited to, the services of engineers, hydrogeologists, accountants, attorneys, and economists, to assist with reviewing applications under the Major Oil Pipeline Siting Act.
Neb. Rev. Stat. § 57-1413 Documents or records; not withheld from public.
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The commission shall not withhold any documents or records relating to a major oil pipeline from the public unless the documents or records are of the type that can be withheld under section 84-712.05 or unless federal law provides otherwise.
Neb. Rev. Stat. § 57-1501 Legislative findings.
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The Legislature finds that: (1) The State of Nebraska is responsible for protecting its natural resources, agricultural resources, aesthetics, economy, and communities through reasonable regulation for the common good and welfare. As such, the state is responsible for ensuring th…
Neb. Rev. Stat. § 57-1502 Terms, defined.
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For purposes of sections 57-1501 to 57-1503: (1) Department means the Department of Water, Energy, and Environment; (2) Oil pipeline means a pipeline which is larger than eight inches in inside diameter and which is constructed in Nebraska for the transportation of petroleum, or …
Neb. Rev. Stat. § 57-1503 Evaluation of route; supplemental environmental impact statement; department; powers and duties; pipeline carrier; reimburse cost; submit to Governor; duty; denial; notice to pipeline carrier; documents or records; not withheld from public.
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(1)(a) The department may: (i) Evaluate any route for an oil pipeline within, through, or across the state and submitted by a pipeline carrier for the stated purpose of being included in a federal agency's or agencies' National Environmental Policy Act review process. Any such ev…
Neb. Rev. Stat. § 57-1601 Act, how cited.
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Sections 57-1601 to 57-1626 shall be known and may be cited as the Nebraska Geologic Storage of Carbon Dioxide Act.
Neb. Rev. Stat. § 57-1602 Legislative findings and declarations.
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The Legislature finds, recognizes, and declares that it is in the public interest to promote the geologic storage of carbon dioxide. Doing so will benefit the state and the global environment by reducing greenhouse gas emissions and will help ensure the viability of the state's e…
Neb. Rev. Stat. § 57-1603 Terms, defined.
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For purposes of the Nebraska Geologic Storage of Carbon Dioxide Act: (1) Applicable underground injection control program for each class of storage facility injection well means the program, or most recent amendment thereof, for that class of well in Nebraska as provided by feder…
Neb. Rev. Stat. § 57-1604 Reservoir estate; title; conveyance; mineral estate; how treated.
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(1) Title to any reservoir estate underlying the surface of lands and waters is vested in the owner of the overlying surface estate unless it has been severed and separately conveyed. (2) A conveyance of the surface ownership of real property shall be a conveyance of the reservoi…
Neb. Rev. Stat. § 57-1605 Commission; powers.
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The commission has authority: (1) Over all persons and property necessary to administer and enforce the Nebraska Geologic Storage of Carbon Dioxide Act and its objectives; (2) To regulate activities relating to a storage facility, including construction, operation, and closure; (…
Neb. Rev. Stat. § 57-1606 Permit, required; transfer; consent from permitting authority.
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Geologic storage is allowed if a permit has been obtained from both the commission and the Underground Injection Control program permitting authority. A permit may be transferred if the commission and the Underground Injection Control program permitting authority consent.
Neb. Rev. Stat. § 57-1607 Permit; application; fee; costs; priority for processing.
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(1) A person applying for a permit shall: (a) Comply with application requirements set by the commission; (b) Pay a fee in an amount set by the commission. The amount of the fee shall be set by rule and regulation and shall be based on the commission's anticipated cost of process…
Neb. Rev. Stat. § 57-1608 Hearing; notice; requirements.
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(1) The commission shall hold a public hearing before issuing a permit. (2) Notice of the hearing shall be provided in accordance with section 57-911 and commission rules and regulations adopted and promulgated thereunder. (3) Notice of the hearing shall be given to each mineral …