82-101. Nebraska State Historical Society; state agency; board of trustees; membership in society; purpose; acceptance of gifts; operation of historical sites and museums.

The Nebraska State Historical Society, operated in the public interest since 1878, is hereby declared to be and does hereby consent to be a state agency on and after July 16, 1994. The society shall hold, in trust for the people of the State of Nebraska, all of the society's present and future collections of property. The agency shall be under the direction of a board of trustees who shall be elected in part by the members of the society and in part appointed by the Governor as provided in section 82-101.01. Membership in the society shall be open to all persons interested in the accomplishment of the purposes of the society. In addition to all other objects and purposes provided by law, the object of the society shall be to promote historical knowledge and research, awaken public interest, and popularize historical study throughout the state in a nonpolitical manner. The society's headquarters and museum in Lincoln shall be used by the society for the preservation, care, research, and exhibition of and research into documents, books, newspapers, weapons, tools, pictures, relics, scientific specimens, farm and factory products, and all other collections pertaining to the history of the world, particularly to that of Nebraska and the West. The society shall have the power to accept gifts and to own, control, and dispose of property, real and personal. It shall, either alone or in cooperation with other agencies, operate historical sites and museums as agreed to with appropriate state agencies or as directed by the Governor and the Legislature.

Source:Laws 1883, c. 95, § 1, p. 340; Laws 1907, c. 146, § 1, p. 458; R.S.1913, § 7166; C.S.1922, § 6817; C.S.1929, § 82-101; R.S.1943, § 82-101; Laws 1961, c. 438, § 1, p. 1356; Laws 1994, LB 1236, § 1.


82-101.01. Nebraska State Historical Society; board of trustees; membership; terms; nominating committee; election; expenses.

(1) The initial board of trustees shall be comprised of the current members of the society's board of directors. As their terms expire under the society's presently existing bylaws, their successors shall be selected. Those outgoing board members who were elected shall be replaced by trustees elected by the society's membership as provided in this section. Those outgoing board members who were gubernatorial appointments shall be replaced by trustees appointed by the Governor. The trustees who are elected shall be elected for three-year terms from the same congressional district as the trustees whose terms have expired. The trustees selected by the Governor shall be appointed for three-year terms from the same congressional district as the trustees whose terms have expired.

(2) A nominating committee comprised of society members, one from each of the congressional districts, shall be appointed each year by the president of the board of trustees with the approval of the board of trustees. Such appointments shall be made at least one hundred twenty days prior to the date of the annual meeting of the members. The nominating committee shall file, in writing, its slate of nominees for trustee with the secretary of the society not later than ninety days prior to the date of the annual meeting. Thereafter, additional nominations may be made for trustee by written petition filed by not less than twenty-five active members of the society, which petition shall be filed with the secretary of the society not later than sixty days prior to the annual meeting. Candidates nominated by the nominating committee shall file a similar petition. Not later than thirty days prior to the date of the annual meeting, the secretary of the society shall mail a ballot listing the names of the nominees to the active members of the society eligible to vote, to be marked by the members and returned to the secretary. Such returned ballots must be received by the secretary at least ten days prior to the date of the annual meeting in order to be counted. The board of trustees shall adopt a system of ballot certification insuring a secret ballot and that the person submitting the ballot is a society member entitled to vote. The returned ballots shall be counted by the secretary of the society, and the names of the successful candidates shall be announced at the annual meeting. The ballots shall be retained until after the annual meeting and shall be available for inspection by any member prior to the annual meeting. All members of the nominating committee, all members signing a nominating petition, and all members who are entitled to cast a ballot must be active members of the society who are in good standing. A member shall be considered in good standing when the member has fulfilled all requirements for membership. All general and other specified classes of members shall be eligible to vote for election or to be chosen as an officer or trustee or to serve as a member of the nominating committee. Only nominees named on the ballot shall be eligible for election. The candidate for a particular trustee post receiving the highest number of votes shall be declared elected even though such votes do not constitute a majority of the votes cast for such post. When two trustees are elected from a congressional district for a certain term, those declared elected shall be the two receiving the highest number of votes cast for such term, even though one or both fail to receive a majority of the votes cast for such term.

(3) The term of each trustee shall begin on January 1 of the year following the year of his or her election or appointment and shall end on December 31 of the final year of the term to which the member was elected or appointed.

(4) No trustee shall be eligible to serve for more than two full consecutive three-year terms but may be eligible for election or appointment to the board of trustees after having not served for at least a period of three years.

(5) In the event a vacancy occurs on the board of trustees, the board of trustees shall fill the position of an elected trustee for the remainder of the unexpired term and the Governor shall fill the position of an appointed trustee for the remainder of the unexpired term.

(6) In the event the boundaries of the congressional districts are altered or increase or decrease in number, the trustees shall continue to serve the term for which they were elected or appointed. Thereafter, the board of trustees shall be adjusted so as to be in accordance with the boundaries and number of congressional districts.

(7) Members of the board of trustees shall serve without pay. The trustees shall receive remuneration for travel and expenses incurred while engaged in the business of the society.

Source:Laws 1994, LB 1236, § 2.


82-101.02. Nebraska State Historical Society; board of trustees; powers and duties; Nebraska State Historical Society Collections Trust Fund; created.

In accordance with applicable law, the powers and duties of the board of trustees shall be as follows:

(1) To establish a date, time, and location for an annual meeting of the society and promulgate same and to elect annually from among their number a president, a first vice president, a second vice president, and a treasurer;

(2) To adopt bylaws not inconsistent with state statutes for their own governance and to administer the society in the interests of preserving the rich heritage of this state and its people;

(3) To select a director or chief executive officer who shall also serve as secretary to the board of trustees, and to prescribe the director's duties and responsibilities;

(4) To create a general membership class which shall be open to all persons interested in the accomplishment of the purposes of the society, and the active members of such class shall be eligible to vote and shall not be required to pay membership dues;

(5) To create such other classes of membership in the society as the board deems desirable, to determine the qualifications for such classes of membership, and to set the fees to be paid for such memberships;

(6) To create such committees as the board deems advisable and delegate to the committees those functions which aid in the efficient administration of the affairs of the society;

(7) To, according to appropriate museum and archival standards, collect, assemble, preserve, classify, and exhibit, where appropriate, all books, pamphlets, maps, manuscripts, newspapers, photographs, business records, personal papers, diaries, architectural records, works of art, films, videotapes, machine-readable records, museum, archeological, and ethnographic specimens, and all other objects regardless of physical form that serve to illustrate the history of Nebraska and the Great Plains in particular, or of western America in general;

(8) To ensure that the collections and properties of the society are maintained in good order and repair;

(9) To accept, receive, and administer in the name of the society any gifts, donations, properties, securities, bequests, and legacies that may be made to the society. Notwithstanding any provisions to the contrary, the Nebraska State Historical Society may accept a gift of any property other than real estate without prior permission of any other governmental entity, including the Governor;

(10) To contract and enter into agreements necessary to effectuate the objects and purposes of the society;

(11) To sell, exchange, or otherwise dispose of books, museum objects, or other property in the society's collections that are surplus, duplicate, outside the scope of the society's mission, or which lack research, educational, or exhibit value on account of damage or insufficient documentation. Such sums as are derived from the sale or disposition of property that is surplus, duplicate, outside the scope of the society's mission, or which lacks research, educational, or exhibit value on account of damage or insufficient documentation shall be remitted to the State Treasurer for credit to the Nebraska State Historical Society Collections Trust Fund, which fund is hereby established. The fund shall be administered by the society. The fund shall be used, in accordance with appropriate museum and archival standards, exclusively for the acquisition, preservation, or restoration of the society collections;

(12) To disseminate and interpret the results of the society's research through publications, exhibitions, reports, public programs, and all other appropriate methods which will promote the study, understanding, and appreciation of Nebraska history; and

(13) To adopt and promulgate all policies, rules, and regulations, not inconsistent with law, that are necessary to implement the objects and purposes of the society.

Source:Laws 1994, LB 1236, § 3.


82-102. Nebraska State Historical Society; reports; contents.

The president and secretary of the Nebraska State Historical Society shall make biennial reports to the Governor of its transactions. The report shall include the transactions and expenditures of the society, together with all historical addresses which have been read before the society during the preceding two years, or which furnish historical matter on data of the state and adjacent western regions.

Source:Laws 1883, c. 95, § 2, p. 340; R.S.1913, § 7167; C.S.1922, § 6818; C.S.1929, § 82-102; R.S.1943, § 82-102; Laws 1955, c. 231, § 21, p. 728; Laws 1981, LB 545, § 38.


82-103. Nebraska State Historical Society; publications.

The reports, addresses and papers mentioned in section 82-102 shall be published at the expense of the state and distributed as other similar official reports are distributed. The state and society shall decide upon a reasonable number of the published reports, which shall be furnished to the society for its use and distribution.

Source:Laws 1883, c. 95, § 3, p. 341; R.S.1913, § 7168; C.S.1922, § 6819; C.S.1929, § 82-103; R.S.1943, § 82-103.


82-104. Nebraska State Historical Society; public documents, records, relics; custodian.

The Nebraska State Historical Society shall be the custodian of all public records, documents, relics, and other material which the society may consider to be of historic value or interest, and which may be in any of the offices or vaults of the several departments of the state, in any of the institutions which receive appropriations of money from the Legislature of Nebraska, or in any of the county courthouses, city halls, or other public buildings within the State of Nebraska.

Source:Laws 1905, c. 157, § 1, p. 604; R.S.1913, § 7169; C.S.1922, § 6820; C.S.1929, § 82-104; R.S.1943, § 82-104.


82-105. Nebraska State Historical Society; public documents, records, relics; obtaining possession; procedure.

The Nebraska State Historical Society shall obtain possession of the historical material mentioned in section 82-104 whenever it is not in active use in any department, institution or building, or whenever it is liable to damage and destruction because of a lack of proper means to care for, or safe and adequate place to preserve it. The officer or board having the care and management of the department, institution or building shall consent in writing to the custody of the documents, records and materials by the society. The society shall prepare invoices and receipts in triplicate for the material turned over to the society, and shall deliver one copy to the Secretary of State, one copy to the officer or board turning over the material, and one copy shall be retained by the secretary of the society.

Source:Laws 1905, c. 157, § 2, p. 604; R.S.1913, § 7170; C.S.1922, § 6821; C.S.1929, § 82-105; R.S.1943, § 82-105; Laws 1969, c. 810, § 1, p. 3047.


82-106. Nebraska State Historical Society; public documents, records, relics; notice to be given.

Every officer or board having control or management of any state department, institution or building shall notify the secretary of the Nebraska State Historical Society whenever any of the historical material mentioned in sections 82-104 and 82-105 shall be in his or their care.

Source:Laws 1905, c. 157, § 3, p. 605; R.S.1913, § 7171; C.S.1922, § 6822; C.S.1929, § 82-106; R.S.1943, § 82-106.


82-107. Nebraska State Historical Society; public documents, records, relics; procedure after notice.

Whenever the secretary of the Nebraska State Historical Society has received notice as provided for in section 82-106, the society shall, by its officers or employees, examine the material and remove and receipt for whatever material the society may deem to be of historic value. The society shall transport the material at its own cost to its museum, and shall catalog, arrange and display the material for the free use of the public.

Source:Laws 1905, c. 157, § 4, p. 605; R.S.1913, § 7172; C.S.1922, § 6823; C.S.1929, § 82-107; R.S.1943, § 82-107.


82-108. Nebraska State Historical Society; documents and records; certified copies; fees.

The secretary or curator of the Nebraska State Historical Society shall prepare certified copies of any record, document or other material, of which the society is the custodian, whenever application shall be made to the society. Such certified copies shall be received in courts and elsewhere as being of the same legal validity as similar copies prepared by the original custodian of the record, document or other material. The secretary or curator of the society shall be entitled to the same fees for making certified copies as the original custodian would be.

Source:Laws 1905, c. 157, § 5, p. 605; R.S.1913, § 7173; C.S.1922, § 6824; C.S.1929, § 82-108; R.S.1943, § 82-108.


82-108.01. Repealed. Laws 1994, LB 1236, § 4.

82-108.02. Historical Society Fund; created; use; investment.

All funds received by the Nebraska State Historical Society for services rendered shall be remitted to the State Treasurer for credit to the Historical Society Fund which is hereby established. Funds to the credit of the fund shall only be expended, as and when appropriated by the Legislature, by the Nebraska State Historical Society for the general purposes of such society, including, but not limited to, preparation for historical events and educational projects, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Historical Society Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1961, c. 439, § 1, p. 1357; Laws 1969, c. 584, § 110, p. 2416; Laws 1995, LB 7, § 138; Laws 2009, First Spec. Sess., LB3, § 88;    Laws 2015, LB220, § 11.    


Cross References

82-109. Nebraska State Historical Society; documents relating to General Land Office; agreement with United States Land Office.

The Nebraska State Historical Society is authorized to enter into an agreement with the General Land Office at Washington, D.C., for the reception, preservation, organization and arrangement for public use of all documents relating to the former United States Land Offices in Nebraska that may be transferred from the custody of the General Land Office at Washington, D.C., to the custody of the society.

Source:Laws 1937, c. 196, § 1, p. 818; C.S.Supp.,1941, § 82-114; R.S.1943, § 82-109.


82-110. Documents relating to General Land Office; preservation and maintenance; federal authorities; free access.

All documents obtained from the General Land Office at Washington, D.C., shall be preserved and maintained as a part of the public records of Nebraska by the Nebraska State Historical Society, and by all other persons in such manner as shall secure the chief objects of their use and preservation, their care, custody and service, under proper library regulations. The authorities of the United States shall have free access to such documents.

Source:Laws 1937, c. 196, § 2, p. 819; C.S.Supp.,1941, § 82-115; R.S.1943, § 82-110.


82-111. Historical monuments; defacing prohibited; penalty.

Any person who shall destroy, deface, remove or injure any of the monuments erected by the state to mark the Oregon Trail in Nebraska shall be deemed guilty of a Class III misdemeanor.

Source:Laws 1911, c. 134, § 4, p. 447; R.S.1913, § 7177; C.S.1922, § 6828; C.S.1929, § 82-112; R.S.1943, § 82-111; Laws 1977, LB 39, § 306.


82-112. Pioneers' Memorial Day.

The second Sunday in June in each year shall be Pioneers' Memorial Day, and shall be set apart for holding suitable exercises in the schools and churches of the state, and, when possible, in the cemeteries and over the graves of pioneers, in recognition of the men and women who served and sacrificed as pioneers in the settlement of Nebraska.

Source:Laws 1913, c. 171, § 1, p. 523; R.S.1913, § 7178; C.S.1922, § 6829; C.S.1929, § 82-113; R.S.1943, § 82-112.


82-113. Repealed. Laws 1957, c. 304, § 1.

82-114. Kennard home; Nebraska Statehood Memorial; designated.

The Thomas P. Kennard home, located at 1627 H Street in Lincoln, including lot 3, Block 153, of the original plat of Lincoln, is hereby designated as the Nebraska Statehood Memorial.

Source:Laws 1965, c. 556, § 1, p. 1839.


82-115. Nebraska Statehood Memorial; Nebraska State Historical Society; restoration.

The Nebraska State Historical Society shall be responsible for the restoration of the Nebraska Statehood Memorial. The exterior shall be restored as nearly as may be to its appearance in 1870. The interior shall be restored as nearly as may be to its original appearance and arrangement, and shall be refurnished with authentic period furniture and other materials which relate to the establishment and development of Nebraska state government.

Source:Laws 1965, c. 556, § 2, p. 1839.


82-116. Repealed. Laws 1981, LB 497, § 1.

82-117. Nebraska Statehood Memorial; Nebraska State Historical Society; administration; maintenance; gifts, grants, bequests; accept.

The Nebraska State Historical Society shall be responsible for the administration and continued maintenance of the Nebraska Statehood Memorial and may accept gifts, grants, and bequests for such purposes.

Source:Laws 1965, c. 556, § 4, p. 1839.


82-118. Nebraska State Historical Society; statewide historic survey; acceptance of federal act.

The State of Nebraska hereby assents to the provisions of an Act of Congress entitled An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes, approved October 15, 1966, Public Law 89-665, 89th Congress, as amended as of January 1, 1993. The Nebraska State Historical Society shall perform all such acts as may be necessary on behalf of the State of Nebraska to conduct, coordinate, and carry out the purposes and objectives of such Act of Congress, as amended as of January 1, 1993, for and within the State of Nebraska. The society shall carry out a comprehensive statewide historic survey in accordance with criteria established by the Secretary of the Interior for the preservation, acquisition, and development of such property as provided in the Act of Congress, as amended as of January 1, 1993, and may transfer funds made available to the state to other state agencies, local governments, other public bodies, private organizations, and individuals for the acquisition of title or interests in and for the development of any district, site, building, structure, or object that is significant in American history, architecture, archeology, and culture, or property used in connection therewith, and for its development in order to assure the preservation for public benefit of any such historic properties in compliance with such Act of Congress, as amended as of January 1, 1993, and with rules and regulations promulgated by the Secretary of the Interior for the administration of such Act of Congress, as amended as of January 1, 1993. For these purposes the society may inspect the projects and examine the records of those projects eligible for grants and establish such rules and regulations relating thereto as may be necessary.

Source:Laws 1967, c. 596, § 1, p. 2032; Laws 1978, LB 628, § 1; Laws 1981, LB 407, § 1; Laws 1993, LB 682, § 1.


82-119. Nebraska State Historical Society; powers and duties.

The Nebraska State Historical Society shall be charged with the duty of marking and preserving the historical landmarks of Nebraska. It may hold property and be a party to suits and contracts.

Source:Laws 1957, c. 384, § 1, p. 1339; Laws 1959, c. 441, § 1, p. 1482; Laws 1961, c. 440, § 1, p. 1358; Laws 1965, c. 557, § 1, p. 1840; R.R.S.1943, § 82-201; Laws 1969, c. 811, § 1, p. 3048.


82-120. Nebraska State Historical Society; selection of projects; procurement of Highway Historical Markers; purchase, gift, or eminent domain; erection and maintenance.

The Nebraska State Historical Society shall have authority to determine what historical events, personalities, sites, and traditions are of importance to the State of Nebraska and to justify the expenditure of public funds for the purchase of markers of uniform style, to be known as Highway Historical Markers; to procure such markers by expending any funds specifically appropriated by the Legislature for such purpose and to designate the approximate location of such markers; to preserve present markers; to accept gifts; and have power of eminent domain to be exercised as provided in sections 76-704 to 76-724. The Department of Transportation shall erect and maintain such markers and shall determine the exact location of such markers, having due regard for the safety and welfare of the motoring public.

Source:Laws 1957, c. 384, § 2, p. 1340; Laws 1959, c. 441, § 3, p. 1483; R.R.S.1943, § 82-202; Laws 1969, c. 811, § 2, p. 3048; Laws 2017, LB339, § 292.    
Operative Date: July 1, 2017


82-121. Nebraska State Historical Society; Highway Historical Markers; powers; delegation to subcommittees.

The Nebraska State Historical Society shall have authority (1) to designate the approximate location of such markers, (2) to preserve present markers, (3) to accept gifts, and (4) to encourage local participation in and contribution to the erection of such markers through the use of gifts and matching-fund agreements. The society may appoint and delegate to a special committee the duty of research and investigation to assist in the determination of proper sites, events, personalities, and traditions to be designated.

Source:Laws 1957, c. 384, § 3, p. 1340; Laws 1959, c. 441, § 4, p. 1483; R.R.S.1943, § 82-203; Laws 1969, c. 811, § 3, p. 3049.


82-122. Nebraska State Historical Society; Highway Historical Markers; damaged or destroyed; replacement.

The Nebraska State Historical Society shall be empowered to use any legal means necessary to secure payment to the state for the actual replacement cost of any markers damaged or destroyed, accidentally or otherwise. Any fund so collected shall be placed in the treasury to the credit of the appropriate fund for the procurement of historical markers and may be expended as provided for by law.

Source:Laws 1957, c. 384, § 4, p. 1340; Laws 1959, c. 441, § 5, p. 1484; R.R.S.1943, § 82-204; Laws 1969, c. 811, § 4, p. 3049.


82-123. Highway Historical Markers; erection or maintenance; written consent of Nebraska State Historical Society required.

It shall be unlawful for any person, public or private corporation, association, or organization to post, erect, or maintain any historical marker, monument, sign or notice, on public property or any place in the state, upon any public street, road, or highway in the state bearing any legend, inscription, or notice which purports to record any historical event, incident, or fact or to maintain any such historical marker, monument, notice, or sign posted or erected after September 20, 1957, unless a written certificate of approval has first been secured from the Historical Land Mark Council or, after December 25, 1969, from the Nebraska State Historical Society.

Source:Laws 1957, c. 384, § 5, p. 1340; Laws 1959, c. 441, § 6, p. 1484; R.R.S.1943, § 82-205; Laws 1969, c. 811, § 5, p. 3049.


82-124. Highway Historical Markers; violations; penalty; malicious damage; recovery of replacement costs.

Any person who shall violate any of the provisions of sections 82-119 to 82-124 shall be guilty of a Class V misdemeanor. Each day that a violation continues after notice shall constitute a separate offense. Where the markers are damaged maliciously, the court shall collect the replacement costs as part of the punishment.

Source:Laws 1957, c. 384, § 6, p. 1341; R.R.S.1943, § 82-206; Laws 1969, c. 811, § 6, p. 3049; Laws 1977, LB 39, § 307.


82-125. Nebraska State Historical Society; property known as Neligh Mills; acquire title; cost; limitation; maintenance.

The Nebraska State Historical Society is hereby authorized to acquire clear title in the name of the State of Nebraska, at a cost not to exceed five thousand dollars, of property known as the Neligh Mills and located in Antelope County. If the society is unable to acquire title to such property within one year after June 27, 1969, any money appropriated for such purpose shall revert to the General Fund, and any portion of such appropriation not required for the acquisition of such property shall revert to the General Fund. The society shall be responsible for the administration and continued maintenance of such property, if acquired, and may accept gifts, grants, and bequests for such purposes.

Source:Laws 1969, c. 809, § 1, p. 3046.


82-126. Nebraska State Historical Society; visitations to sites and monuments; restrict; signs; notices; violation; penalty.

The Nebraska State Historical Society or any other society whose duty it is to preserve historical sites and monuments may restrict visitation at such hours and times as in its judgment would be a detriment to the site or monument. The society responsible for such site or monument may erect appropriate signs or notices restricting any visitation which might subject the site or monument to hazards and defacing. Any person violating the provisions of such signs or notices shall be guilty of a Class V misdemeanor.

Source:Laws 1971, LB 417, § 1; Laws 1977, LB 39, § 308.


82-127. Historical Heritage Center; location; how designated; Nebraska State Historical Society; duties; powers.

The Nebraska State Historical Society shall be responsible for the development of plans for the construction of a Historical Heritage Center on block 152 of the original plat of Lincoln, including lots 1 to 12, for the purpose of preserving, restoring, and interpreting the history of the people of Nebraska and the Central Great Plains. Such block is hereby designated as the Nebraska Historical Heritage Block. The society is hereby authorized to accept public and private funds for the purpose of constructing such building.

Source:Laws 1974, LB 704, § 1.


82-128. Nebraska State Historical Society; acquire property of John G. Neihardt; erect structure; agreement; administration.

The Nebraska State Historical Society is hereby authorized to acquire, without cost to the state, clear title in the name of the State of Nebraska to the real and personal property of the John G. Neihardt Foundation and to construct on such real property a structure to be known as the John G. Neihardt Center. There is hereby appropriated to the Nebraska State Historical Society, Agency No. 54, the sum of two hundred thousand dollars for the purpose of constructing the John G. Neihardt Center. The Nebraska State Historical Society may enter into agreements with the John G. Neihardt Foundation for the operation of the John G. Neihardt Center but the society shall be responsible for the general administration and continued maintenance of such property and may accept gifts, grants, and bequests for such purposes.

Source:Laws 1974, LB 855, § 1.


82-129. Nebraska State Historical Society; acquire property of Willa Cather Pioneer Memorial and Educational Foundation; Willa Cather Center; operation agreements.

The Nebraska State Historical Society may acquire, without cost to the state, clear title in the name of the State of Nebraska to all the real and personal property of the Willa Cather Pioneer Memorial and Educational Foundation, except the foundation's trust account and investments which shall be retained by the foundation. The Nebraska State Historical Society may enter into agreements with the Willa Cather Pioneer Memorial and Educational Foundation for the operation of the Willa Cather Center but the society shall be responsible for the general administration and continued maintenance of such property and may accept gifts, grants, and bequests for such purposes.

Source:Laws 1978, LB 567, § 1.


82-130. Willa Cather Pioneer Memorial and Educational Foundation; real property; legal description.

The real property of the Willa Cather Pioneer Memorial and Educational Foundation authorized to be acquired pursuant to section 82-129 is more particularly described as follows:

(1) The Cather House described as lots 1, 2, and 3, block 24, original town of Red Cloud, Webster County, Nebraska;

(2) The Garber Bank described as lot 21, block 31, original town of Red Cloud, Webster County, Nebraska;

(3) The Grace Episcopal Church described as lots 19, 20, 21, 22, 23, and 24, block 6, original town, now the city of Red Cloud, Webster County, Nebraska;

(4) The St. Juliana Catholic Church described as lots 17, 18, 19, 20, 21, and 22, block 3, Railroad addition to the city of Red Cloud, Webster County, Nebraska;

(5) The Burlington Depot described as lots 10, 11, 12, and 13, block 19, Railroad addition to the city of Red Cloud, Webster County, Nebraska; and

(6) The Antonia Farmhouse described as follows: Commencing at the northeast corner of the southeast quarter of section 27, township 4 north, range 11 west of the sixth principal meridian, Webster County, Nebraska, thence south 895 feet; thence west 155 feet to the point of beginning; thence west a distance of 90 feet; thence south at a right angle a distance of 137 feet; thence east at a right angle a distance of 90 feet; thence north a distance of 137 feet to the point of beginning.

Source:Laws 1978, LB 567, § 2.


82-131. George Norris House; designated.

The George Norris home, located at 706 Norris Avenue in McCook, owned by the Nebraska State Historical Society, and legally described as all of lot 4, and the north half of lot 5, block 10, McCook first addition to the City of McCook, Red Willow County, Nebraska, is hereby designated as the George Norris House.

Source:Laws 1986, LB 563, § 4.


82-132. George Norris House; Nebraska State Historical Society; powers and duties.

The Nebraska State Historical Society shall be responsible for the administration and continued maintenance of the George Norris House and may accept gifts, grants, and bequests for such purposes.

Source:Laws 1986, LB 563, § 5.


82-133. Repealed. Laws 1993, LB 321, § 5.

82-134. Transferred to section 72-1802.

82-135. Repealed. Laws 1993, LB 321, § 5.

82-136. Transferred to section 72-1801.

82-201. Transferred to section 82-119.

82-201.01. Repealed. Laws 1961, c. 440, § 2.

82-202. Transferred to section 82-120.

82-203. Transferred to section 82-121.

82-204. Transferred to section 82-122.

82-205. Transferred to section 82-123.

82-206. Transferred to section 82-124.

82-301. Repealed. Laws 1973, LB 121, § 8.

82-302. Repealed. Laws 1973, LB 121, § 8.

82-303. Repealed. Laws 1973, LB 121, § 8.

82-304. Repealed. Laws 1973, LB 121, § 8.

82-305. Repealed. Laws 1973, LB 121, § 8.

82-306. Repealed. Laws 1973, LB 121, § 8.

82-307. Repealed. Laws 1973, LB 121, § 8.

82-308. Repealed. Laws 1973, LB 121, § 8.

82-309. Nebraska Arts Council; created; members; appointment.

There is hereby created the Nebraska Arts Council to consist of fifteen members to be appointed by the Governor with the approval of the Legislature from among citizens of Nebraska who are known for their professional competence and experience in connection with the arts. In making such appointments, consideration shall be given to recommendations made by representative civic, educational, and professional associations and groups concerned with or engaged in the production or presentation of the arts generally.

Source:Laws 1973, LB 121, § 1.


82-310. Nebraska Arts Council; members; term of office; chairperson; vice-chairperson; vacancies; compensation; expenses.

The term of office of each member shall be three years with the terms of one-third of the members expiring every year. No member of the council who serves two consecutive three-year periods shall be eligible for reappointment during a one-year period following the expiration of his or her term. The Governor shall designate a chairperson and a vice-chairperson from the members of the council, to serve as such at the pleasure of the Governor. The chairperson shall be the chief executive officer of the council. All vacancies shall be filled for the balance of the unexpired term in the same manner as original appointments are made. The members of the council shall not receive any compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177 for state employees.

Source:Laws 1973, LB 121, § 2; Laws 1981, LB 204, § 200.


82-311. Nebraska Arts Council; chairman; officers, experts, employees; employ; compensation.

The chairman may, with the approval of the council, employ such officers, experts, and other employees as may be needed and shall fix their compensation within the amounts made available for such purposes.

Source:Laws 1973, LB 121, § 3.


82-312. Nebraska Arts Council; duties.

The duties of the council shall be:

(1) To stimulate and encourage throughout the state the study and presentation of the performing and fine arts and public interest and participation therein;

(2) To make such surveys as may be deemed advisable of public and private institutions within the state engaged in artistic and cultural activities, including, but not limited to, music, theatre, dance, painting, sculpture, architecture, and allied arts and crafts, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;

(3) To take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of our state and to expand the state's cultural resources; and

(4) To encourage and assist freedom of artistic expression essential for the well-being of the arts.

Source:Laws 1973, LB 121, § 4.


82-313. Nebraska Arts Council; powers.

The Nebraska Arts Council may (1) hold public and private hearings, (2) enter into contracts, within the limit of funds available therefor, with individuals, organizations, and institutions for services furthering the educational objectives of the council's programs, (3) enter into contracts, within the limit of funds available therefor, with local and regional associations for cooperative endeavors furthering the educational objectives of the council's programs, (4) accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the educational objectives of the council's programs, (5) distribute funds appropriated by the Legislature to any organization which has been designated as the state affiliate of the National Endowment for the Humanities for the period covered by the appropriation, (6) make and sign any agreements and do and perform any acts that may be necessary to carry out the purposes of sections 82-309 to 82-316, (7) enter into contracts, make and sign any agreements, and perform any acts that may be necessary to stabilize funding for the arts and humanities and to carry out the intent of sections 82-330 to 82-333, and (8) adopt and promulgate rules and regulations to carry out its powers and duties. The council may request from any department, division, board, bureau, commission, or agency of the state such assistance and data as will enable it properly to carry out its powers and duties.

Source:Laws 1973, LB 121, § 5; Laws 1993, LB 280, § 1; Laws 1998, LB 799, § 5.


82-314. Nebraska Arts Council; federal funds; receive; disburse.

The council shall be the official agency of this state to receive and disburse any funds made available by the federal government for programs related to the performing and fine arts.

Source:Laws 1973, LB 121, § 6.


82-315. Nebraska Arts Council Trust Fund; created; use.

All funds received by the Nebraska Arts Council under sections 82-313 and 82-314 shall be remitted to the State Treasurer for credit to the Nebraska Arts Council Trust Fund which is hereby created and which, when appropriated by the Legislature, shall be expended strictly in accord with any conditions that may be attached at the time of their receipt. This section does not apply to funds received by the council under sections 82-330 to 82-333.

Source:Laws 1973, LB 121, § 7; Laws 1998, LB 799, § 6.


82-316. Nebraska Arts Council Cash Fund; created; deposits; disbursements; investment.

There is hereby created the Nebraska Arts Council Cash Fund. The fund shall contain all sums of money received from fees from any conference, performance, or exhibition held by the council or by groups who have contracted with the council for such events and all sums of money collected under section 82-326. The Nebraska Arts Council shall use the fund to pay the costs related to the administration and sponsoring of any conference, performance, or exhibition by the Nebraska Arts Council or by groups who have contracted with the council for such events or to pay the costs related to the repair, restoration, and maintenance of artwork installed under sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03. All disbursements shall be made upon warrants drawn by the Director of Administrative Services. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1977, LB 512, § 1; Laws 2016, LB957, § 10.    


Cross References

82-317. Public buildings; artwork; declaration of policy.

The Legislature recognizes the responsibility of the state to foster culture and the arts and its interest in the viable development of its artists. The Legislature declares it to be the policy of this state that a portion of all appropriations made after January 1, 1979, for capital expenditures be set aside for the acquisition of artworks to be used in public buildings.

Source:Laws 1978, LB 664, § 1.


82-318. Public buildings; artwork; terms, defined.

As used in sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03, unless the context otherwise requires:

(1) Appropriation shall mean the amount of money set by the Legislature in excess of five hundred thousand dollars for new construction or in excess of two hundred fifty thousand dollars for remodeling for the particular project which is not limited by law, rule, or regulation less the amount of money spent for planning, land acquisition, and site work;

(2) Art shall mean the conscious use of skill, taste, and creative imagination in the production of aesthetic objects;

(3) Original construction shall mean the erection of a new building or facility and does not include remodeling if the cost is two hundred fifty thousand dollars or less or expansion of existing structures; and

(4) Public building shall mean buildings and facilities used by or open to the public as guests or business invitees and shall exclude repair shops, garages, warehouses, and buildings of a similar nature.

Source:Laws 1978, LB 664, § 2.


82-319. New state capital construction; appropriation; percentage used for works of art; when.

All boards, agencies, commissions, or departments of state government shall, after January 1, 1979, spend at least one percent of any appropriation for the original construction of any state building for the acquisition of works of art. The works of art may be an integral part of the structure, attached to the structure, detached within or outside of the structure, or may be exhibited by the board, agency, commission, or department in other public facilities.

Source:Laws 1978, LB 664, § 3.


82-320. Nebraska Arts Council; duties.

The Nebraska Arts Council shall determine the amount of money to be made available for the purchase of art for each project subject to section 82-319. The selection of, commissioning of artists for, reviewing of design, execution and placement of, and the acceptance of works of art for each project shall be the responsibility of the Nebraska Arts Council in consultation with the committee established pursuant to section 82-321.

Source:Laws 1978, LB 664, § 4.


82-321. Construction project; artwork; committee; created; members; duties.

A committee shall be established for each construction project which comes under sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03. The committee shall consist of the architect, three members from the board, agency, commission, or department for which the building is being constructed, and three members of the Nebraska Arts Council or three members chosen by the council. The committee shall consult with the Nebraska Arts Council in carrying out the provisions of sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03.

Source:Laws 1978, LB 664, § 5.


82-322. Nebraska Arts Council; promulgate rules and regulations.

The Nebraska Arts Council shall promulgate rules and regulations, as necessary, to carry out the provisions of sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03.

Source:Laws 1978, LB 664, § 6.


82-323. Nebraska Arts Council; artists; how chosen.

The Nebraska Arts Council shall give a preference to regional artists in its selection of and commissioning of artists for projects under sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03.

Source:Laws 1978, LB 664, § 7.


82-324. Nebraska Arts Council; insure compliance prior to payment; manner.

The Nebraska Arts Council shall inform the Director of Administrative Services that sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03 have been complied with for each project subject to section 82-319 before a warrant may be issued for payment.

Source:Laws 1978, LB 664, § 8.


82-325. Public buildings; expenditures for works of art; contracted separately.

Expenditures for works of art shall be contracted for separately from all other items in the original construction of any public building.

Source:Laws 1978, LB 664, § 17.


82-326. Public buildings; appropriation; works of art; administration and installation; art maintenance fund.

The amount of money made available from any appropriations under the provisions of sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03 shall be used, in addition to the cost of the works of art, to provide for the administration by the contracting agency, the architect, and the Nebraska Arts Council, and for costs of installation of the works of art as negotiated between the contracting agency and the contracted artist. The Nebraska Arts Council may designate a portion of the amount appropriated for administration for an art maintenance fund which shall be used to repair or restore all works of art acquired under such sections and which shall be credited to the Nebraska Arts Council Cash Fund.

Source:Laws 1978, LB 664, § 18; Laws 2010, LB1063, § 1;    Laws 2016, LB957, § 11.    


82-327. Public buildings; works of art; how displayed.

The works of art acquired pursuant to the provisions of sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03 shall be displayed in areas of the buildings open to the public.

Source:Laws 1978, LB 664, § 19.


82-328. Public buildings; works of art; property of State of Nebraska; sale of reproductions.

All works of art acquired under sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03 shall become the property of the State of Nebraska. The artist shall retain no ownership, control, or authority of any kind over the work of art or its future disposition. In the event the state makes a net profit through the sale of reproductions of the work of art it may pay a portion of that profit to the artist.

Source:Laws 1978, LB 664, § 20.


82-329. Public buildings; works of art; Nebraska Arts Council; maintain inventory; inspect; recommend procedures.

The Nebraska Arts Council shall maintain an inventory of all works of art purchased under sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03 and shall inspect each work of art on a regular schedule to determine its condition. The Nebraska Arts Council may recommend procedures for regular maintenance, preservation, and security and for the repair of any damaged work of art.

Source:Laws 1978, LB 664, § 21; Laws 2010, LB1063, § 2.    


82-330. Cultural preservation; legislative intent.

The Legislature finds that the cultural climate of Nebraska is important to the state in many ways, including economically, politically, educationally, and socially. Further, the Legislature finds that federal funding for the arts and humanities has decreased dramatically and that there is no assurance of continuation of federal funding. In order to ensure there is a stable cultural climate in our state for future generations, the Nebraska Arts Council and the Nebraska Humanities Council have joined efforts to establish a financial partnership between the public and private sectors.

Source:Laws 1998, LB 799, § 1.


82-331. Nebraska Cultural Preservation Endowment Fund; created; use; investment.

(1) There is hereby established in the state treasury a trust fund to be known as the Nebraska Cultural Preservation Endowment Fund. The fund shall consist of funds appropriated or transferred by the Legislature, and only the earnings of the fund may be used as provided in this section.

(2) On August 1, 1998, the State Treasurer shall transfer five million dollars from the General Fund to the Nebraska Cultural Preservation Endowment Fund.

(3) Except as provided in subsection (4) of this section, it is the intent of the Legislature that the State Treasurer shall transfer (a) an amount not to exceed one million dollars from the General Fund to the Nebraska Cultural Preservation Endowment Fund on December 31, 2013, (b) an amount not to exceed five hundred thousand dollars from the General Fund to the Nebraska Cultural Preservation Endowment Fund on December 31, 2014, (c) an amount not to exceed seven hundred fifty thousand dollars from the General Fund to the Nebraska Cultural Preservation Endowment Fund on December 31 of 2015 and 2016, and (d) an amount not to exceed five hundred thousand dollars from the General Fund to the Nebraska Cultural Preservation Endowment Fund annually on December 31 beginning in 2019 and continuing through December 31, 2028.

(4) Prior to the transfer of funds from any state account into the Nebraska Cultural Preservation Endowment Fund, the Nebraska Arts Council shall provide documentation to the budget division of the Department of Administrative Services that qualified endowments have generated a dollar-for-dollar match of new money, up to the amount of state funds authorized by the Legislature to be transferred to the Nebraska Cultural Preservation Endowment Fund. For purposes of this section, new money means a contribution to a qualified endowment generated after July 1, 2011. Contributions not fully matched by state funds shall be carried forward to succeeding years and remain available to provide a dollar-for-dollar match for state funds. For an endowment to be a qualified endowment (a) the endowment must meet the standards set by the Nebraska Arts Council or Nebraska Humanities Council, (b) the endowment must be intended for long-term stabilization of the organization, and (c) the funds of the endowment must be endowed and only the earnings thereon expended. The budget division of the Department of Administrative Services shall notify the State Treasurer to execute a transfer of state funds up to the amount specified by the Legislature, but only to the extent that the Nebraska Arts Council has provided documentation of a dollar-for-dollar match. State funds not transferred shall be carried forward to the succeeding year and be added to the funds authorized for a dollar-for-dollar match during that year.

(5) The Legislature shall not appropriate or transfer money from the Nebraska Cultural Preservation Endowment Fund for any purpose other than the purposes stated in sections 82-330 to 82-333, except that the Legislature may appropriate or transfer money from the fund upon a finding that the purposes of such sections are not being accomplished by the fund.

(6) Any money in the Nebraska Cultural Preservation Endowment Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(7) All investment earnings from the Nebraska Cultural Preservation Endowment Fund shall be credited to the Nebraska Arts and Humanities Cash Fund.

Source:Laws 1998, LB 799, § 2; Laws 2008, LB1165, § 1;    Laws 2009, LB316, § 23;    Laws 2010, LB1063, § 3;    Laws 2011, LB378, § 30;    Laws 2012, LB969, § 11;    Laws 2013, LB199, § 39;    Laws 2016, LB957, § 12;    Laws 2017, LB331, § 55.    
Effective Date: May 16, 2017


Cross References

82-332. Nebraska Arts and Humanities Cash Fund; created; use; investment.

(1) The Nebraska Arts and Humanities Cash Fund is created. The fund shall consist of all funds credited from the Nebraska Cultural Preservation Endowment Fund pursuant to section 82-331. The Nebraska Arts Council shall administer and distribute the Nebraska Arts and Humanities Cash Fund and may use up to thirty thousand dollars annually to defray costs directly related to the administration of sections 82-330 to 82-333. Expenditures designated as administrative costs shall not be subject to the private matching fund requirements set forth in subsection (2) of this section.

(2) All disbursements from the Nebraska Arts and Humanities Cash Fund that are to support arts and humanities projects, endowments, or programs shall be matched dollar-for-dollar by sources other than state funds. The match funds shall be new money generated for endowments established by the Nebraska Arts Council or Nebraska Humanities Council or qualified endowments of their constituent organizations, new money generated as a result of seed grants to recipients, or new money generated by the Nebraska Arts Council or Nebraska Humanities Council for arts or humanities education. Matching funds shall also include earnings generated by qualified private endowments formed in accordance with this section. For purposes of this section, new money means a contribution to a qualified endowment generated after July 1, 2011. Contributions not fully matched by state funds shall be carried forward to succeeding years and remain available to provide a dollar-for-dollar match for state funds. For an endowment to be a qualified endowment (a) the endowment must meet the standards set by the Nebraska Arts Council or Nebraska Humanities Council, (b) the endowment must be intended for long-term stabilization of the organization, and (c) the funds of the endowment must be endowed and only the earnings thereon expended. An organization is a constituent organization if it receives funding from the Nebraska Arts Council or Nebraska Humanities Council and is tax exempt under section 501 of the Internal Revenue Code. The match funds required by this section shall not include in-kind contributions. The budget division of the Department of Administrative Services shall approve allotment and disbursement of funds from the Nebraska Arts and Humanities Cash Fund that are governed by this subsection only to the extent the Nebraska Arts Council has provided documentation of the dollar-for-dollar match required by this section. Funds from the Nebraska Arts and Humanities Cash Fund may be used for the purpose of obtaining challenge grants from the National Endowment for the Humanities or the National Endowment for the Arts.

(3) Rules and regulations of the Nebraska Arts Council shall provide that the ultimate use of disbursements from the Nebraska Arts and Humanities Cash Fund authorized under subsection (2) of this section shall be in a ratio of seventy percent to projects, endowments, or programs designated by the Nebraska Arts Council and thirty percent to projects, endowments, or programs designated by the Nebraska Humanities Council.

(4) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1998, LB 799, § 3; Laws 2009, LB316, § 24;    Laws 2012, LB969, § 12;    Laws 2013, LB199, § 40.    


Cross References

82-333. Nebraska Arts and Humanities Cash Fund; report.

The Nebraska Arts Council shall report to the Clerk of the Legislature and Director of Administrative Services annually regarding disbursements from the Nebraska Arts and Humanities Cash Fund. The report submitted to the Clerk of the Legislature shall be submitted electronically. The report shall include a complete listing of the uses of the fund, the sources of funding used to match state funds, the amount of investment earnings credited to the Nebraska Arts and Humanities Cash Fund, and the balance of the Nebraska Arts and Humanities Cash Fund. The report shall cover the period July 1 through June 30 and shall be submitted no later than November 1 of each year.

Source:Laws 1998, LB 799, § 4; Laws 2012, LB782, § 216.    


82-401. Act, how cited.

Sections 82-401 to 82-408 shall be known and may be cited as the Nebraska Art Collection Act.

Source:Laws 1979, LB 116, § 1.


82-402. Sections; purposes.

The purpose of sections 82-401 to 82-408 is to assist and encourage the artistic creations of Nebraska artists through the purchase and display of works of art, to beautify public places by increasing the availability of works of art for exhibition, and to foster appreciation and understanding of art by making it more accessible to the public.

Source:Laws 1979, LB 116, § 2.


82-403. Terms, defined.

As used in sections 82-401 to 82-408, unless the context otherwise requires:

(1) Art shall mean the conscious use of skill, taste, and creative imagination in the production of aesthetic objects and may include sculpture, painting, photography, prints, tapestries, weavings, film, videotape, folk arts and crafts, graphic design, pottery, architectural sketches, and other items considered to be art; and

(2) Nebraska artists shall mean artists born in Nebraska, artists who have worked in or received a portion of their training in Nebraska, or artists living in Nebraska at the time of purchase of their works of art.

Source:Laws 1979, LB 116, § 3.


82-404. Nebraska Art Collection; program; how administered.

The Board of Regents of the University of Nebraska may establish a Nebraska Art Collection program at the University of Nebraska at Kearney. The Nebraska Art Collection shall be administered by the Board of Regents and the chief administrative officer of the University of Nebraska at Kearney. The Board of Regents shall designate a curator for the collection. The Board of Regents shall appoint any advisory committees it deems necessary to aid in the administration of the art collection.

Source:Laws 1979, LB 116, § 4; Laws 1989, LB 247, § 14.


82-405. Nebraska Art Collection; composition.

The collection shall be one that is representative of various mediums, styles, and periods of Nebraska artists and shall be representative of Nebraska's ethnic, racial minority, and cultural groups.

Source:Laws 1979, LB 116, § 5.


82-406. Nebraska Art Collection; displayed; where; manner.

Art collected under sections 82-401 to 82-408 may be displayed in museums, government buildings, schools, hospitals, libraries, public malls, community theaters, colleges and universities, state and county fairs, city halls, county courthouses, and other public places. It may be placed on temporary loan or displayed through traveling displays. Efforts should be made to display the art as widely throughout the state as possible in places where it is accessible to the public.

Source:Laws 1979, LB 116, § 6.


82-407. Acceptance of donations or loans; procedures.

The Board of Regents of the University of Nebraska and the chief administrative officer of the University of Nebraska at Kearney shall approve procedures for the acceptance of donations or loans of art that meet the criteria of the Nebraska Art Collection Act.

Source:Laws 1979, LB 116, § 7; Laws 1989, LB 247, § 15.


82-408. Aid or grants; powers.

The Board of Regents of the University of Nebraska and the chief administrative officer of the University of Nebraska at Kearney, through the curator, may apply for and receive aid or grants from state sources, private foundations, local art organizations, or the federal government.

Source:Laws 1979, LB 116, § 8; Laws 1989, LB 247, § 16.


82-501. Act, how cited.

Sections 82-501 to 82-510 shall be known and may be cited as the Nebraska Archaeological Resources Preservation Act.

Source:Laws 2005, LB 211, § 1.    


82-502. Legislative findings and declarations.

The Legislature hereby finds and declares that:

(1) Archaeological sites represent an important public resource embodying the record of our state's cultural heritage;

(2) The resource base of archaeological sites is being threatened at an increasing rate by agricultural, urban, commercial, transportation, governmental, and industrial development; and

(3) The rights of private property owners must be maintained even when their property contains archaeological sites or resources.

Source:Laws 2005, LB 211, § 2.    


82-503. Terms, defined.

For purposes of the Nebraska Archaeological Resources Preservation Act:

(1) Archaeological resource means any material object of past human life or activities that is of archaeological interest. Such objects include, but are not limited to, pottery, basketry, bottles, weapons, tools, structures or portions of structures, dwellings, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of such items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources unless found in an archaeological context. No object shall be treated as an archaeological resource under this subdivision unless such object is determined to be at least fifty years of age;

(2) Archaeological site means a place or location where archaeological resources are found;

(3) Master archaeological site file means the records inventory of all known Nebraska archaeological sites maintained by the Nebraska State Historical Society;

(4) National Register of Historic Places means the register of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior under the authority of the federal Historic Sites, Buildings, and Antiquities Act, 16 U.S.C. 462(b), and the National Historic Preservation Act, 16 U.S.C. 470a(a)(1)(A);

(5) State agency means any division, department, board, bureau, commission, or agency of the State of Nebraska; and

(6) Undertaking means a project, activity, or program funded in whole or in part under the jurisdiction of a state agency.

Source:Laws 2005, LB 211, § 3.    


82-504. State Archeology Office; created; powers; State Archaeologist; qualifications.

(1) There is hereby established the State Archaeology Office which shall be a division within the Nebraska State Historical Society. The purpose of the office shall be to coordinate and encourage appropriate archaeological undertakings and to preserve archaeological resources. The State Archaeology Office may adopt and promulgate rules and regulations to carry out the purposes of the Nebraska Archaeological Resources Preservation Act.

(2) The State Archaeology Office shall be headed by the State Archaeologist. The State Archaeologist shall be a graduate of a recognized college or university with a graduate degree in archaeology or anthropology and shall have sufficient practical experience and knowledge of archaeology to carry out the purposes of the act.

(3) The State Archaeology Office may:

(a) Promote development of archaeological resources for educational, cultural, tourism, and scientific purposes;

(b) Support popular and avocational interest in archaeological resources through field trips, demonstrations, seminars, and excavations throughout the state;

(c) Conduct a program of locating, identifying, quantifying, and assessing the significance of the state's archaeological resources;

(d) Maintain the master archaeological site file;

(e) Advise state agencies, political subdivisions, nongovernmental organizations, commercial and business interests, private property owners, individuals, and others as to the provisions and requirements of the act;

(f) Serve as the liaison office in transactions dealing with archaeological resources between state agencies and between the state and the federal government;

(g) Cooperate with state agencies and others in overseeing the execution of undertakings required by the act;

(h) Serve as the liaison office between state agencies and Indian tribes, the Commission on Indian Affairs, or other constituent groups culturally affiliated with archaeological sites involved in undertakings;

(i) Maintain a list of archaeologists qualified to conduct research projects required by the act;

(j) Maintain a permanent repository and electronic data base of published and unpublished sources on the archaeological resources of the state;

(k) Prepare, publish, and distribute for professional use and public education reports, bulletins, pamphlets, maps, and other products necessary to achieve the purposes of the act;

(l) Implement a program of emergency salvage archaeology, which includes surveys and either salvage or preservation of archaeological resources imperiled by development activities or natural forces;

(m) Administer and manage grants, bequests, devises, tax incentives, and easements of property to the state for the purposes of preserving archaeological sites and resources;

(n) Ensure the long-term curation and management of collections and records resulting from undertakings within the state;

(o) Identify properties included in the National Register of Historic Places that are endangered, and coordinate or facilitate the purchase and maintenance of such properties by other public or private agencies in order to preserve archeological sites or resources located on the properties; and

(p) Conduct all other activities necessary to carry out the purposes of the act.

Source:Laws 2005, LB 211, § 4.    


82-505. State or state-funded undertaking; notice required; exemption from act; act, how construed.

(1) Except as provided in subsection (2) of this section, the head of any state agency having jurisdiction over a proposed state or state-funded undertaking, which has potential to affect archaeological resources or sites, shall, prior to the approval of the expenditure of any state funds on the undertaking, notify the State Archaeology Office of the undertaking and cooperate with the office to identify and develop measures to mitigate the effect of the undertaking on any archaeological site or resource that is included in or eligible for inclusion in the National Register of Historic Places.

(2) The Department of Transportation shall be exempt from the provisions of the Nebraska Archaeological Resources Preservation Act as long as a cooperative agreement exists between the Department of Transportation and the Nebraska State Historical Society which ensures that all highway construction projects meet federal historic preservation legislation and regulations, and such federal preservation legislation and regulations fulfill or exceed the objectives and standards of the act.

(3) Nothing in the Nebraska Archaeological Resources Preservation Act shall be construed to abridge the rights of private property owners and in no case shall a private property owner be required to pay for activities undertaken by the State Archaeology Office.

Source:Laws 2005, LB 211, § 5;    Laws 2017, LB339, § 293.    
Operative Date: July 1, 2017


82-506. Funds, property, and services; acceptance and use.

The State Archaeology Office may accept, use, disburse, and administer all funds or other property, services, and money allotted to it for purposes of the Nebraska Archaeological Resources Preservation Act and may prescribe the conditions under which such funds, property, services, or money will be accepted and administered.

Source:Laws 2005, LB 211, § 6.    


82-507. Public land; prohibited acts; penalty; temporary restraining order or injunction.

(1) Any person who knowingly and willfully appropriates, excavates, injures, or destroys any archaeological resource on public land without written permission from the State Archaeology Office is guilty of a Class III misdemeanor.

(2) When the State Archaeology Office has cause to believe that a person has engaged in or is engaging in any unlawful conduct prescribed in this section, it may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Nebraska rules of civil procedure prohibiting such person from continuing such practices, or engaging therein, or doing any act in furtherance thereof.

Source:Laws 2005, LB 211, § 7.    


82-508. Archaeological resource or archaeological site; prohibited acts; penalty.

No person shall enter or attempt to enter upon the lands of another without permission and intentionally appropriate, excavate, injure, or destroy any archaeological resource or any archaeological site. Any person committing such act is guilty of a Class III misdemeanor.

Source:Laws 2005, LB 211, § 8.    


82-509. Matching funds authorized.

The Nebraska State Historical Society may use General Fund appropriations to match other funds, grants, or money received to carry out the Nebraska Archaeological Resources Preservation Act.

Source:Laws 2005, LB 211, § 9.    


82-510. State Archaeology Cash Fund; created; use; investment.

The State Archaeology Cash Fund is hereby created. The fund may be used to carry out the purposes of the Nebraska Archaeological Resources Preservation Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2005, LB 211, § 10.    


Cross References

82-601. Act, how cited.

Sections 82-601 to 82-607 shall be known and may be cited as the Nebraska Agritourism Promotion Act.

Source:Laws 2015, LB329, § 1.    


82-602. Purposes of act.

The purposes of the Nebraska Agritourism Promotion Act are to:

(1) Promote tourism and rural economic development by encouraging owners of farms, ranches, and other rural land, including agricultural, historical, ecological, cultural, and natural attractions, to allow access to members of the public for educational, entertainment, and recreational purposes;

(2) Promote a better understanding by visitors of agricultural operations and features, including the production of livestock and agricultural products, the land and other natural attributes, and wildlife; and

(3) Encourage agritourism activities by limiting civil liability of owners of farms, ranches, and other rural land.

Source:Laws 2015, LB329, § 2.    


82-603. Terms, defined.

For purposes of the Nebraska Agritourism Promotion Act:

(1) Agritourism activities include any one or any combination of the following: Hunting, fishing, swimming, boating, canoeing, kayaking, tubing, water sports, camping, picnicking, hiking, backpacking, bicycling, horseback riding, nature study, birding, farm, ranch, and vineyard tours and activities, harvest-your-own activities, waterskiing, snow-shoeing, cross-country skiing, visiting and viewing historical, ecological, archaeological, scenic, or scientific sites, and similar activities;

(2) Fee means the amount of money asked in return for an invitation or permission to enter the premises;

(3) Inherent risks means those conditions, dangers, or hazards that are an integral part of land or waters used for agritourism activities, including the following:

(a) Surface and subsurface conditions and natural conditions of land, vegetation, and waters;

(b) The behavior of wild or domestic animals;

(c) The ordinary dangers of structures or equipment ordinarily used in farming or ranching operations when such structures or equipment are used for farming or ranching purposes; and

(d) The potential of a participant to act in a negligent way that may contribute to injury to the participant or others whether by failing to follow safety procedures or failing to act with reasonable caution while engaging in an agritourism activity;

(4) Owner includes any person who is a tenant, lessee, occupant, or person in control of the premises or any agent of such a person whose gross annual income from agritourism activities does not exceed five hundred thousand dollars;

(5) Participant means an individual who engages in agritourism activities on premises owned by another but does not include an owner of the premises or any agent, employee, or contractor of the owner;

(6) Person means an individual, corporation, limited liability company, partnership, unincorporated association, or other legal or commercial entity and does not include a governmental entity or political subdivision; and

(7) Premises includes land, roads, pathways, trails, water, watercourses, private ways, and buildings and structures attached to the land outside of cities and villages and does not include land zoned commercial, industrial, or residential.

Source:Laws 2015, LB329, § 3.    


82-604. Owner; liability for injury, death, or damages; limitation on action; exception.

(1) Except as provided in section 82-605, an owner who allows a participant on the owner's premises for agritourism activities shall not be liable for injury to or death of the participant or damage to the participant's property resulting from an inherent risk on the owner's premises.

(2) Except as provided in section 82-605, no participant or participant's representative shall maintain an action against or recover for injury to or death of the participant or damage to the participant's property resulting from an inherent risk on the owner's premises when such owner allows the participant on the owner's premises for agritourism activities.

Source:Laws 2015, LB329, § 4.    


82-605. Liability of owner.

Nothing in the Nebraska Agritourism Promotion Act limits any liability of an owner:

(1) Who fails to exercise reasonable care to protect against the particular dangers of structures or equipment used or kept on the owner's premises;

(2) Who has actual knowledge of a particular dangerous condition on the owner's premises and does not make the particular danger known to the participant if the particular danger is a proximate cause of injury to or death of the participant or damage to the participant's property;

(3) Who reasonably should have known of a particular dangerous condition of equipment used or kept on the owner's premises and does not make the particular danger known to the participant if the particular danger is a proximate cause of injury to or death of the participant or damage to the participant's property;

(4) Who fails to properly train or supervise or improperly or inadequately trains or supervises employees who are actively involved in agritourism activities and an act or omission of the employee resulting from improper or inadequate training or supervision is a proximate cause of injury to or death of the participant or damage to the participant's property; or

(5) Who commits an act or omission that is a proximate cause of injury to or the death of the participant or damage to the participant's property if the act or omission:

(a) Constitutes willful or wanton disregard for the safety of the participant;

(b) Constitutes gross negligence;

(c) Was intentional;

(d) Did not constitute an inherent risk;

(e) Occurred while the owner or the owner's employees were under the influence of alcohol or illegal drugs; or

(f) Would otherwise be a violation of any other statute or rule or regulation of the State of Nebraska, a state regulatory body, or a political subdivision.

Source:Laws 2015, LB329, § 5.    


82-606. Participant; owner duties; warning notice; contents.

(1) Nothing in section 82-604 limits any liability of an owner who receives a fee for allowing a participant on the premises if the owner fails to do at least one of the following:

(a) Post and maintain signage containing the warning as described in subsection (2) of this section in a clearly visible and conspicuous location at or near the entrance to the property used for agritourism activities; or

(b) Include the warning as described in subsection (2) of this section in any written contract between the owner of the property and each participant allowed on the premises for a fee. Such warning shall be in a conspicuous location within the contract and be written in not less than twelve-point boldface type.

(2) The warning notice shall read as follows: WARNING - Under Nebraska law, an owner of property, including lands and waters, is not liable for the injury to or death of the participant in agritourism activities or damage to the participant's property resulting from the inherent risks of such activities. Inherent risks include, without limitation, the risk of animals and land and water conditions, the ordinary dangers of structures or equipment ordinarily used in farming or ranching operations, and the potential for you or another participant to act in a negligent manner that may contribute to your own injury or death. You are assuming the risk of participating in the agritourism activities for which you are entering the owner's premises.

Source:Laws 2015, LB329, § 6.    


82-607. Participant; duty to exercise due care.

Nothing in the Nebraska Agritourism Promotion Act limits the obligation of a participant entering upon or using premises of another for agritourism activities to exercise due care in his or her use of such premises and in his or her agritourism activities on the premises.

Source:Laws 2015, LB329, § 7.