86 Neb. Admin. Code, ch. 6, § 002

Current through September 17, 2024

Section 86-6-002 - Administration

002.01 Definitions

002.01A Act-means the Site and Building Development Act found in Sections 81-12,144 through 81-12,151 of the Nebraska Revised Statutes.

002.01B Allocate - means to set aside, award, or designate Site and Building Development Fund funds to an Eligible Recipient.

002.01C Department - means the Nebraska Department of Economic Development.

002.01D Director -means the Director of the Nebraska Department of Economic Development.

002.01E Eligible Applicant - means a Governmental Subdivision or Nebraska Nonprofit Organization that is eligible to submit an application for funding from the Site and Building Development Fund.

002.01F Eligible Recipient -means an Eligible Applicant that has been selected by the Department to receive funding from the Site and Building Development Fund.

002.01G Eligible Activities - means the activities that are eligible for funding from the Site and Building Development Fund as set forth in the Act and these regulations.

002.01H Eligible Project - means a project consisting of one or more Eligible Activities.

002.01I Governmental Subdivision - includes a Nebraska village, city or county, and other entities created or authorized by the Nebraska State Legislature and organized pursuant to such authorization to carry out functions for a public purpose or for the general welfare of the people, and that are exempt from property taxation under Article VIII, Section 2 of the Nebraska Constitution.

002.01J Industrial - means pertaining to any general business activity or commercial enterprise.

002.01K Nebraska Nonprofit Organization - means a Nebraska based nonprofit organization that has secured a United States Internal Revenue Service determination of 501(c)(3), or can document via legal opinion that such organization meets the requirements under Sections 501(c)(4) or 501(c)(6) of the United States Internal Revenue Code.

002.01L Nonmetropolitan Areas-means counties with fewer than one hundred thousand inhabitants according to the most recent federal decennial census.

002.01M Site and Building Development Fund - means the fund created under Section 81-12,146 of the Act, administered by the Department, and used to fund Eligible Activities.

002.01N Qualified Action Plan - means the plan required under Section 81-12,149 of the Act to be developed by the Department.

002.02 Application and Award Process

The Department will create application forms and application instructions for use by Eligible Applicants in applying for funding from the Site and Building Development Fund. All applications for funding from the Site and Building Development Fund shall be made on forms provided by, or approved by the Department, and shall include any attachments or documentation required by the Department. In particular, the Department may require any Eligible Applicant (other than a village, city or county) to submit along with its application, a letter of support from the village, city or county, where the proposed Eligible Project will take place.

If the Department awards funds from the Site and Building Development Fund to an Eligible Recipient, such Eligible Recipient will receive notice of approval from the Department. The Department and the Eligible Recipient will then execute an award agreement. An Eligible Recipient's failure to execute the award agreement may result in the award of funds being withdrawn.

002.03 Administrative Costs and Expenses

Funds from the Site and Building Development Fund may be used for administrative costs and expenses of the Department in carrying out the Act.

Funds from the Site and Building Development Fund may be used for administrative costs and expenses of Eligible Recipients in carrying out Eligible Activities and complying with the terms of the award agreement, subject to any amount limitations as may be established by the Department.

002.04 Required Match; Failure to Provide Required Match

An Eligible Recipient shall provide, or cause to be provided, matching funds for an Eligible Project in a minimum amount equal to 100% of the amount of the award from the Site and Building Development Fund.

The Department may reduce an Eligible Recipient's award of funds from the Site and Building Development Fund, or require Eligible Recipients to repay funds received from the Site and Building Development Fund, if required matching funds are not provided, or are not caused to be provided by the Eligible Recipient.

002.05 Allocation of Funds to Nonmetropolitan Areas

During each calendar year in which funds are available from the Site and Building Development Fund, the Department shall allocate a specific amount of funds to Nonmetropolitan Areas, as provided in Section 81-12,149 of the Act. Funds allocated directly to counties with fewer than one hundred thousand inhabitants according to the most recent federal decennial census, and to Eligible Recipients within Nonmetropolitan Areas will count toward the Department's required allocation amount.

002.06 Payment of Funds

Payment of funds from the Site and Building Development Fund shall be made to Eligible Recipients on a basis deemed reasonable by the Department, provided that matching funds requirements are enforced by the Department.

The Department may require documentation from Eligible Recipients to support any requests for funds from the Site and Building Development Fund.

002.07 Effect of Other Incomplete Projects

The Director may, in the Director's sole discretion, declare Governmental Subdivisions and Nebraska Nonprofit Organizations with incomplete speculative site and/or building projects funded through the Site and Building Development Fund, or any other funding source administered by the Department, to be ineligible for funding from the Site and Building Development Fund until such incomplete project is completed.

002.08 Marketing Plan

The Department may require Eligible Recipients to develop a marketing plan for sites and/or buildings funded with funds from the Site and Building Development Fund. The Department may require Eligible Recipients to undertake marketing activities identified in such marketing plan. The Department may consider any expenses incurred by Eligible Recipients in developing a marketing plan and undertaking marketing activities to be eligible Site and Building Development Fund expenses, or eligible matching expenses.

002.09 Performance Review and Monitoring

The Department may conduct performance reviews, monitoring, and/or required audits to evaluate each Eligible Recipient's compliance with the award of Site and Building Development Funds and any other related requirements.

002.10 Noncompliance

The Department may terminate disbursement of funds and/or seek repayment of any funds disbursed from the Site and Building Development Fund if:

002.10A the terms of the award agreement have not been, and are not anticipated to be, fulfilled;

002.10B the Department finds that the application for funding from the Site and Building Development Fund contained in accuracies, omissions, errors or misrepresentations;

002.10C the time schedule for completion was misrepresented or has not be enmaintained;

002.10D any property, real or personal, acquired or developed with funds from the Site and Building Development Fund is used for purposes inconsistent with the Act;

002.10E any violation of any health, safety, welfare, or zoning code associated with the Eligible Project; or

002.10F any violation of the Act or these regulations, or any breach of the award agreement the part of the Eligible Recipient.

002.11 Ineligibility

Should the Department determine that an Eligible Recipient is in violation of the Act, these regulations, or the award agreement, the Department may deem such Eligible Recipient ineligible for further assistance from the Site and Building Development Fund for a period of up to two years.

002.12 Returned Funds

Any funds provided from the Site and Building Development Fund that are returned or repaid to the Department by an Eligible Recipient shall be deposited into the Site and Building Development Fund and reallocated by the Department for further usage consistent with the Act.

002.13 Program Guidelines; Other Programmatic Requirements

The Department may develop Site and Building Development Act program guidelines to aid the Department in administering the Site and Building Development Act.

The Department may establish additional requirements in the Qualified Action Plan, in program guidelines, or in award agreements, some of which may be more restrictive than these regulations, for the use of funds from the Site and Building Development Fund. These requirements may include, but are not limited to, requirements regarding ownership or control of sites and/or buildings improved or to be improved with funds from the Site and Building Development Fund; restrictions on the sale, lease, or transfer of sites and/or buildings improved or to be improved with funds from the Site and Building Development Fund; limitations on the type of businesses or industries that an Eligible Recipient may allow to locate a site and/or building funded with Site and Building Development Funds.

86 Neb. Admin. Code, ch. 6, § 002