Chapter 57 — MINERALS, OIL, AND GAS
229 sections in this chapter.
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 …
Neb. Rev. Stat. § 57-1609 Permit; issuance; consultation required.
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Before issuing a permit, the commission shall consult with the Department of Water, Energy, and Environment and the Underground Injection Control program permitting authority.
Neb. Rev. Stat. § 57-1610 Permit; issuance; findings.
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Before issuing a permit, the commission shall find: (1) That the storage operator has complied with all requirements set by the commission; (2) That the storage facility is suitable and feasible for carbon dioxide injection and storage; (3) That the carbon dioxide to be stored is…
Neb. Rev. Stat. § 57-1611 Permit or order; contents.
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The commission may include in a permit or order all things necessary to carry out the objectives of the Nebraska Geologic Storage of Carbon Dioxide Act and to protect and adjust the respective rights and obligations of persons affected by geologic storage.
Neb. Rev. Stat. § 57-1612 Reservoir estates owned by nonconsenting owners; included when.
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If a storage operator does not obtain the consent of all persons who own a reservoir estate within the storage reservoir, the commission may require that any reservoir estates owned by nonconsenting owners be included in a storage facility and subject to geologic storage.
Neb. Rev. Stat. § 57-1613 Certificate; issuance; filing.
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When the commission issues a permit, it shall also issue a certificate stating that the permit has been issued, describing the area covered, and containing other information the commission deems appropriate. The commission shall file a copy of the certificate with the register of…
Neb. Rev. Stat. § 57-1614 Storage facility; commission; duties; effect on jurisdiction of Department of Water, Energy, and Environment.
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(1) The commission shall take action to ensure that a storage facility does not cause pollution or create a nuisance. For the purposes of this provision and in applying other laws, carbon dioxide streams stored, and which remain in storage under a commission permit, are not a pol…
Neb. Rev. Stat. § 57-1615 Act; permit; how construed.
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The Nebraska Geologic Storage of Carbon Dioxide Act and any issuance of a permit under the act shall not be construed to: (1) Prejudice the rights of property owners within a storage facility to exercise rights that have not been committed to a storage facility; (2) Prevent a min…
Neb. Rev. Stat. § 57-1616 Fees; Carbon Dioxide Storage Facility Administrative Fund; created; use; investment.
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(1) Storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee shall be in an amount set by the commission in rules and regulations adopted and promulgated by the commission. The amount shall be based on the commission's anticipat…
Neb. Rev. Stat. § 57-1617 Fees; Carbon Dioxide Storage Facility Trust Fund; created; use; investment.
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(1) In addition to the fee required under section 57-1616, storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee shall be in an amount set by the commission in rules and regulations adopted and promulgated by the commission. …
Neb. Rev. Stat. § 57-1618 Carbon dioxide; title; liability.
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The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the commission issues a certificate of project completion under section 57-1619. While the storage operator holds title, the operator is liable for any damag…
Neb. Rev. Stat. § 57-1619 Certificate of project completion; notice; hearing; consultation; issuance; conditions; effect.
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(1) After carbon dioxide injections into a reservoir end and upon application by the storage operator, the commission shall consider issuing a certificate of project completion. (2) The certificate may only be issued after public notice and hearing. The commission shall establish…
Neb. Rev. Stat. § 57-1620 Prohibited acts; violations; penalties.
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(1) Any person who violates any provision of the Nebraska Geologic Storage of Carbon Dioxide Act or any rule, regulation, or order of the commission under the act shall be guilty of a Class II misdemeanor unless another penalty is specifically provided for such violation. Each da…
Neb. Rev. Stat. § 57-1621 Agreements with government entities and state agencies; contracts authorized.
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(1) The commission may enter into agreements with other government entities and state agencies for the purpose of carrying out the objectives of the Nebraska Geologic Storage of Carbon Dioxide Act, including agreements under the Interlocal Cooperation Act when applicable. (2) The…
Neb. Rev. Stat. § 57-1622 Storage facility; cooperative operation.
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Cooperative operation of a storage facility under a permit issued by the commission does not violate Nebraska statutes relating to trusts, monopolies, or restraint of trade.
Neb. Rev. Stat. § 57-1623 Geologic storage project; consent and participation; authorized.
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State agencies and political subdivisions are authorized to consent to and participate in a geologic storage project.
Neb. Rev. Stat. § 57-1624 Storage amount; determination; fee.
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(1) The commission, under procedures and criteria it may adopt, shall determine the amount of injected carbon dioxide stored in a storage reservoir. (2) The purpose for determining storage amounts is to facilitate using the stored carbon dioxide for such matters as carbon credits…
Neb. Rev. Stat. § 57-1625 Act, rule, regulation, order, or permit; violation; civil penalty; disciplinary action; other order; procedure.
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(1) In addition to the penalties prescribed in sections 57-1620 and 57-1626, whenever it appears that any person is violating or threatening to violate any provision of the Nebraska Geologic Storage of Carbon Dioxide Act, any rule, regulation, or order of the commission, or any t…
Neb. Rev. Stat. § 57-1626 Activity endangering or causing damage to public health or the environment; restrain; procedure.
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In addition to the penalties prescribed under sections 57-1620 and 57-1625, whenever it appears to the commission, upon receipt of information that any person is violating or threatening to violate any provision of the Nebraska Geologic Storage of Carbon Dioxide Act by engaging i…
Neb. Rev. Stat. § 57-201 Oil, gas, and mineral leases; forfeiture; duty of lessee to surrender.
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When any oil, gas, or other mineral lease heretofore or hereafter given on land situated in any county of Nebraska, and recorded therein, shall become forfeited, it shall be the duty of the lessee, his successors or assigns, within thirty days after the date of the forfeiture, to…
Neb. Rev. Stat. § 57-202 Forfeited lease; failure to surrender; notice by landowner; form.
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If the lessee, his or her successors or assigns, shall fail or neglect to execute and record such surrender within the time provided for, then the owner of the land may serve upon the lessee, his or her successors or assigns, in person or by either registered or certified letter,…
Neb. Rev. Stat. § 57-203 Forfeited lease; failure to surrender; publication of notice; landowner's affidavit; contents.
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The owner of the land may, after ten days from the date of service, registration, or publication of the notice, provided for by section 57-202, file with the register of deeds of the county where the land is situated an affidavit setting forth (1) that the affiant is the owner of…
Neb. Rev. Stat. § 57-204 Lease; claim of nonforfeiture by lessee; notice to register of deeds; effect; effect of failure to give notice.
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(1) If the lessee, his successors or assigns, shall, within twenty days after the filing of the affidavit referred to in section 57-203, give notice in writing to the register of deeds of the county where the land is located that the lease has not been forfeited and that the less…
Neb. Rev. Stat. § 57-205 Forfeited lease; lessee's failure to execute surrender; remedy of lessor.
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Should the owner of such lease neglect or refuse to execute a surrender as provided in section 57-201, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such surrender, and he may also recover in such action of the lessee, his successo…
Neb. Rev. Stat. § 57-206 Lease; discharge by entry on margin of record; procedure.
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Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled of record by an entry on the margin of the record thereof signed by the lessee or his assigns of record, or his duly auth…
Neb. Rev. Stat. § 57-207 Lease; discharge by endorsement on indenture; procedure.
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Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled by an endorsement made on the original lease signed by the lessee or his duly authorized attorney in fact, assignee of re…
Neb. Rev. Stat. § 57-208 Lease; filing with register of deeds; effect; contingent extension provision; affidavit of happening of contingency; filing; effect.
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When an oil, gas or mineral lease is given on land situated within the State of Nebraska, the recording thereof in the office of the register of deeds of the county in which the land is located shall impart notice to the public of the validity and continuance of such lease for th…
Neb. Rev. Stat. § 57-209 Lease; discharge of record; demand; requisite for action by landowner, when.
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At least twenty days before bringing the action provided for in section 57-205, the owner of the leased land, either by himself or by his agent or attorney, shall demand of the holder of the lease, if such demand by ordinary diligence can be made in this state, that such lease be…
Neb. Rev. Stat. § 57-210 Oil or gas lease; authority of executor, administrator, guardian, conservator, or trustee to execute; ratification of unauthorized or defective lease; how obtained.
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Proceedings may be had in the county court of the county in which an estate or trust is being administered or proceedings for guardianship or conservatorship are being had or in the county court of the county in which real estate is situated, for authority to lease any interest i…
Neb. Rev. Stat. § 57-211 Lease; authority of executor, administrator, guardian, conservator, or trustee to execute; how obtained; petition; contents.
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The petition for such lease shall show (1) the advantage that may accrue to the estate or trust being administered or guardianship or conservatorship proceedings being had from making such proposed lease or entering into such pooling or unitization contract; (2) a general descrip…
Neb. Rev. Stat. § 57-212 Lease; authority of executor, administrator, guardian, conservator, or trustee to execute; notice; hearing; procedure; order.
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(1) Upon the filing of such petition, the court or judge thereof sitting in chambers within the district, if such court or judge deems the petition sufficient, shall set the matter down for hearing and direct to what persons and in what manner notice of such hearing shall be give…
Neb. Rev. Stat. § 57-212.01 Lease; authority of executor, administrator, guardian, or trustee to execute; petition; unknown owners, heirs, devisees, or legatees; procedure.
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Whenever it is set forth in the petition that there are unknown owners, or unknown heirs, devisees, or legatees of deceased owners, who claim or appear to have some interest in, rights or title to, or lien upon the real estate sought to be leased, the provisions of section 25-321…
Repealed. Laws 1951, c. 192, § 3.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 262, § 22.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 262, § 22.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 262, § 22.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 262, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 57-218 Oil and gas leases; authority to issue.
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The governing board of all lands of the State of Nebraska, except the Board of Educational Lands and Funds, and the governing board of all cities, towns, counties, public power districts, school districts and all other governmental subdivisions of the State of Nebraska are respec…