Section 263-1-002 - Distribution of Funds002.01.Schedule for Distributing Funds. Funds will be distributed, pursuant to Subsection 002.02 to participating Districts on or before the 15th day of August, each year and at such other times during the year as the Director determines that sufficient additional funds are available to make a distribution and the participating Districts indicate their ability to use additional funds.002.02.Determining Distributions. The money available for each distribution from the Fund will be divided among participating Districts as follows: 002.02(A). Except as provided by Subsection 002.04, 60 percent of the funds available will be distributed to Districts on the basis of proportionate fertilizer sales within the Districts during the preceding three calendar years for which sales records by county are available from Nebraska Agricultural Statistics or a comparable source. For a county that is contained within more than one District, each District§s proportion of sales will be based upon its proportionate land area within the county. If sales records are not made available for any county, the Director will establish that county§s portion of the statewide sales total. That decision will be based upon the best available information, which may include, but not be limited to, county land area and sales in adjacent counties. In the event the Commission chooses to reserve up to 10 percent of funds available for special distribution pursuant to Subsection 002.04, the amount of funds available for distribution pursuant to this Subsection will be decreased by the amount reserved.002.02(B). 20 percent of the funds available will be divided equally among all participating Districts.002.02(C). 20 percent of the funds will be distributed among Districts which have (1) a designated ground water management area for water quality purposes or (2) a clean lakes watershed area designated pursuant to Section 314 of the Clean Water Act, or comparable federally-funded program. Each District§s distribution pursuant to this Subsection will be based upon the proportionate land area in that District which is in such a designated area compared to the total land area within the State in such designated areas. If specific lands are in more than one such designated area, they will be counted only once for purposes of this Subsection.002.03. At least 30 days prior to a distribution pursuant to Subsection 002.02, the Department will notify each District of the estimated amount of funds to be distributed to that District. If any District does not believe it could fully utilize any such distribution in the amount estimated, it must provide the Department with timely notification of the amount of funds that it could utilize for qualified programs. The difference between that amount and the amount that would otherwise be distributed to that District pursuant to Subsection 002.02 will be divided among the other participating Districts according to Subsections 002.02(A) through 002.02(C).002.04. The Commission may reserve up to 10 percent of the funds that otherwise would be distributed pursuant to Subsection 002.02 as part of the first distribution in any fiscal year. Any such reserved funds will be distributed by the Director to participating Districts for specific programs and/or projects by September 15 of the fiscal year in which they are to be expended. If the available funds are not sufficient to fund all those for which application has been made, priority will be given to programs and projects offering innovative ways to address water quality problems. No District may receive more than 25 percent of the funds distributed pursuant to this Subsection in any one fiscal year unless funds are available for all other qualified applications submitted.Enabling Legislation: Neb. Rev. Stat. § 2-15,123
263 Neb. Admin. Code, ch. 1, § 002
Amended effective 7/28/2021