37-132. Powers and duties
(L10, Ch. 244, sec. 27. Eff. 10/1/11)
A. The commissioner shall:
1. Exercise and perform all powers and duties vested in or imposed upon the
department, and prescribe such rules as are necessary to discharge those duties.
2. Exercise the powers of surveyor-general except for the powers of the
surveyor-general exercised by the treasurer as a member of the selection board pursuant
to section 37-202.
3. Make long-range plans for the future use of state lands in cooperation with
other state agencies, local planning authorities and political subdivisions.
4. Promote the infill and orderly development of state lands in areas beneficial to
the trust and prevent urban sprawl or leapfrog development on state lands.
5. Classify and appraise all state lands, together with the improvements on state
lands, for the purpose of sale, lease or grant of rights-of-way. The commissioner may
impose such conditions and covenants and make such reservations in the sale of state
lands as the commissioner deems to be in the best interest of the state trust. The
provisions of this paragraph are subject to hearing procedures pursuant to title 41,
chapter 6, article 10 and, except as provided in section 41-1092.08, subsection H, are
subject to judicial review pursuant to title 12, chapter 7, article 6.
6. Have authority to lease for grazing, agricultural, homesite or other purposes,
except commercial, all land owned or held in trust by the state.
7. Have authority to lease for commercial purposes and sell all land owned or held
in trust by the state, but any such lease for commercial purposes or any such sale shall
first be approved by the board of appeals.
8. Except as otherwise provided, determine all disputes, grievances or other
questions pertaining to the administration of state lands.
9. Appoint deputies and other assistants and employees necessary to perform the
duties of the department, assign their duties and require of them such surety bonds as
the commissioner deems proper. The compensation of the deputy, assistants or employees
shall be as determined pursuant to section 38-611.
10. Make a written report to the governor annually, not later than September 1,
disclosing in detail the activities of the department for the preceding fiscal year, and
publish it for distribution. The report shall include an evaluation of auctions of state
land leases held during the preceding fiscal year considering the advantages and
disadvantages to the state trust of the existence and exercise of preferred rights to
lease reclassified state land.
11. Withdraw state land from surface or subsurface sales or lease applications if
the commissioner deems it to be in the best interest of the trust. This closure of state
lands to new applications for sale or lease does not affect the rights that existing
lessees have under law for renewal of their leases and reimbursement for improvements.
B. The commissioner may:
1. Take evidence relating to, and may require of the various county officers
information on, any matter that the commissioner has the power to investigate or
determine.
2. Under such rules as the commissioner adopts, use private real estate brokers to
assist in any sale or long-term lease of state land and pay, from fees collected under
section 37-108, subsection A, paragraph 10, subdivision (a), a commission to a broker
that is licensed pursuant to title 32, chapter 20 and that provides the purchaser or
lessee at auction. The purchaser or lessee at auction is not eligible to receive a
commission pursuant to this subsection. A commission shall not be paid on a sale or a
long-term lease if the purchaser or lessee is another governmental agency.
3. Require a permittee, lessee or grantee to post a surety bond or any form of
collateral deemed sufficient by the commissioner for performance or restoration purposes.
The commissioner shall use the proceeds of a bond or collateral only for the purposes
determined at the time the bond or collateral is posted. For agricultural lessees, the
commissioner may require collateral as follows:
(a) As security for payment of the annual assessments levied by the irrigation
district in which the state land is located if the lessee has a history of late payments
or defaults. The amount of the collateral required shall not exceed the annual assessment
levied by the irrigation district.
(b) As security for payment of rent, if an extension of time for payment is
requested or if the lessee has a history of late payments of rent. The collateral shall
be submitted at the time any extension of time for payment is requested. The amount of
the collateral required shall not exceed the annual amount of rent for the land.
(c) A surety bond shall be required only if the commissioner determines that other
forms of collateral are insufficient.
4. Withhold market and economic analyses, preliminary engineering, site and area
studies and appraisals that are collected during the urban planning process from public
viewing before they are submitted to local planning and zoning authorities.
5. Withhold from public inspection proprietary information received during lease
negotiations. The proprietary information shall be released to public inspection unless
the release may harm the competitive position of the applicant and the information could
not have been obtained by other legitimate means.
6. Issue permits for short-term use of state land for specific purposes as
prescribed by rule.
7. Contract with a third party to sell recreational permits. A third party under
contract pursuant to this paragraph may assess a surcharge for its services as provided
in the contract, in addition to the fees prescribed by section 37-108.
8. Close urban lands to specific uses as prescribed by rule if necessary for dust
abatement, to reduce a risk from hazardous environmental conditions that pose a risk to
human health or safety or for remediation purposes.
9. Notwithstanding subsection A, paragraph 4 of this section, authorize, in the
best interest of the trust, the extension of public services and facilities either:
(a) That are necessary to implement plans of the local governing body, including
plans adopted or amended pursuant to section 9-461.06 or 11-805.
(b) Across state lands that are either:
(i) Classified as suitable for conservation pursuant to section 37-312.
(ii) Sold or leased at auction for conservation purposes.
C. The commissioner or any deputy or employee of the department shall not have, own
or acquire, directly or indirectly, any state lands or the products on any state lands,
any interest in or to such lands or products, or improvements on leased state lands, or
be interested in any state irrigation project affecting state lands.
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