Nebraska Statutes 81-12,209. Agreement; requirements; documentation of applicant resources
(1) Within ninety days after approval of the application, the director shall prepare and deliver a written agreement to the applicant for the applicant’s signature. The applicant and the director, on behalf of the State of Nebraska, shall enter into such written agreement. Under the agreement, the applicant shall agree to undertake the project and report all investment at the project to the director annually. The director, on behalf of the State of Nebraska, shall agree to allow the applicant to receive the matching funds allowed in the Nebraska Rural Projects Act, subject to appropriation of such funds by the Legislature. The application, and all supporting documentation, to the extent approved, shall be considered a part of the agreement. The agreement shall state:
Terms Used In Nebraska Statutes 81-12,209
- Applicant: means a nonprofit economic development corporation. See Nebraska Statutes 81-12,197
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Date of application: means the date that a completed application is filed under the Nebraska Rural Projects Act. See Nebraska Statutes 81-12,199
- Director: means the Director of Economic Development. See Nebraska Statutes 81-12,200
- Investment: means the amount paid by the applicant for the project. See Nebraska Statutes 81-12,201
- Matching funds: means the funds provided by the State of Nebraska pursuant to section 81-12,211. See Nebraska Statutes 81-12,202
- Project: means expenses incurred or to be incurred at one qualified location for:
(1) Site acquisition and preparation, utility extensions, and rail spur construction for the development of a new industrial rail access business park, including any such expenses incurred to assist an initial tenant at such business park that conducts business in the manufacturing, processing, distribution, or transloading trades. See Nebraska Statutes 81-12,203
- Qualified location: means a location within a county in this state that has a population of less than one hundred thousand inhabitants. See Nebraska Statutes 81-12,204
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Transformational period: means the period of time from the date of application through the end of the tenth year after the year in which the complete application was filed with the director. See Nebraska Statutes 81-12,206
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
(a) The qualified location;
(b) The total amount of matching funds approved for the project;
(c) The type of documentation the applicant will need to document its receipt of applicant resources and all other investment made under the act;
(d) The date of application;
(e) A requirement that any access to the primary rail carrier, land purchase option, or zoning approval needed to carry out the project will be secured;
(f) A requirement that the applicant be and will stay registered for the E-Verify Program provided by the United States Citizenship and Immigration Services for the duration of the project;
(g) A requirement that the applicant provide any information needed by the director to perform his or her responsibilities under the Nebraska Rural Projects Act, in the manner specified by the director;
(h) A requirement that the applicant provide an annually updated timetable showing the applicant resources donated and received and all other investment at the project, in the manner specified by the director; and
(i) A requirement that the applicant update the director annually, with its timetable or in the manner specified by the director, on any changes in plans or circumstances which it reasonably expects will affect the applicant resources or any other investment for the project.
(2) Any failure by the applicant to timely provide the updates or information required by the director or the act may result in the loss of the right to receive matching funds or, at the discretion of the director, result in the deferral of matching fund disbursements until such updates and information have been provided to the director by the applicant.
(3) The applicant shall provide documentation to the director validating the receipt of applicant resources but is not required to disclose the names of any private donors.
(4) An agreement under the Nebraska Rural Projects Act shall have a duration of no more than ten years after the date of application, consisting of up to the ten years of the transformational period, except that such agreement shall remain effective until all matching fund payments that are allowed under the act have been received.