26-262

26-262. Military installation fund; report;
definition

A. The military installation fund is established consisting of revenues made
available to the fund from any lawful source. The adjutant general shall administer the
fund. On notice from the adjutant general, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from investment shall
be credited to the fund. The fund is exempt from the provisions of section 35-190
relating to lapsing of appropriations.

B. Monies in the fund are continuously appropriated for the purposes of this
section.

C. The department of emergency and military affairs, in conjunction with the
military affairs commission established by section 26-261, shall adopt by rule procedures
for receiving and evaluating applications and awarding the monies as provided by
subsection G of this section. If applications for monies exceed the amount available in
the fund, the department may request applicants to reduce the amount of the applications
or deny or award reduced amounts.

D. The department shall receive each application for fund monies and shall forward
each application to the military affairs commission. The military affairs commission
shall review each application and recommend to the department both of the following:

1. Each applicant that should be awarded monies from the fund.

2. The dollar amount that each applicant listed pursuant to paragraph 1 of this
subsection should be awarded from the fund.

E. The department shall consider the military affairs commission's recommendations
and shall decide how the monies in the fund shall be awarded among the applicants. The
department, after reviewing the recommendations by the military affairs commission, shall
make the monies in the fund available for the purpose of military installation
preservation and enhancement projects. Except as provided in subsection F of this
section, after the department makes an award decision the department shall award the
monies.

F. If the department does not comply with the military affairs commission's
recommendation for the awards, within five days after the department's decision the
department shall report in writing to the military affairs commission, the president of
the senate, the speaker of the house of representatives and the governor. The report
shall include the award decision of the department and the recommendation of the military
affairs commission. The department shall not distribute monies from the fund to the
applicants for at least sixty days after the report is received.

G. The department shall:

1. Award eighty per cent of the monies in the fund for the following purposes,
except that up to twenty per cent of this amount may be awarded to cities, towns and
counties for the purpose of acquiring private land for the purposes prescribed in
paragraph 2 of this subsection:

(a) Acquisition of private property for the purpose of preserving a military
installation.

(b) Acquisition of real estate and rights to real estate and otherwise preserving
real estate from development or mitigating impacts on development in high noise or
accident potential zones as defined in section 28-8461 and in areas as required to
support a military installation.

(c) Acquisition of real estate, property rights and related infrastructure that is
vital to the preservation or enhancement of a military installation.

(d) Structural renovations or construction of building modifications or
improvements that mitigate or attenuate impacts in high noise or accident potential
zones.

(e) Removal of structures or improvements that are necessary for acquisition of
private property for the purpose of preserving a military installation.

(f) Management of acquired property that is necessary to preserve and enhance
military missions and military installations.

2. Except as provided by subsection L of this section, award twenty per cent of the
monies in the fund to cities, towns and counties for:

(a) Military installation preservation and enhancement projects or analytical
reports or studies that are requested by federal or state agencies or military facilities
in this state.

(b) Investment in or construction of capital improvements or infrastructure for the
purpose of preserving a military installation.

(c) Structural renovations or construction of building modifications or
improvements that mitigate or attenuate impacts in high noise or accident potential
zones.

(d) Removal of structures or improvements that are necessary for acquisition of
private property for the purpose of preserving a military installation.

(e) Management of acquired property that is necessary to preserve and enhance
military missions and military installations.

H. The legislature shall review the distribution formula prescribed in subsection G
of this section at least once every four years.

I. Monies in the fund may be awarded for debt service on bonds issued by a
political subdivision for the purpose of acquisition of private property for the purpose
of preserving a military airport or ancillary military facility as defined in section
28-8461 if the land acquisition occurs after December 31, 2004.

J. The department shall annually report the awards made pursuant to this section.
The report shall be in writing and shall be sent to the president of the senate, the
speaker of the house of representatives and the governor. The department shall send a
copy of this report to the secretary of state.

K. The department of emergency and military affairs may transfer any real estate,
property rights and related infrastructure that are acquired pursuant to this section to
any other governmental agency for the purposes of preserving or enhancing military
installations in this state.

L. If monies remain after the award of monies pursuant to subsection G, paragraph 2
of this section, the department may use these remaining monies for the purposes
prescribed in subsection G, paragraph 1 of this section.

M. Any agency of this state may accept title to and manage real estate, property
rights and related infrastructure that are acquired pursuant to this section.

N. For the purposes of this section, "military installation" has the same meaning
prescribed in section 26-261.