State Codes and Statutes

Statutes > Nebraska > Chapter39 > 39-1390

39-1390. State Recreation Road Fund; created;use; preferences; maintenance; investment.The State RecreationRoad Fund is created. The money in the fund shall be transferred by the StateTreasurer, on the first day of each month, to the Department of Roads andshall be expended by the Director-State Engineer with the approval of theGovernor for construction and maintenance of dustless-surface roads to bedesignated as state recreation roads as provided in this section, except thattransfers may be made from the fund to the General Fund at the direction ofthe Legislature through June 30, 2011. Except as to roads under contract asof March 15, 1972, thoseroads, excluding state highways, giving direct and immediate access to orlocated within state parks, state recreation areas, or other recreationalor historical areas, shall be eligible for designation as state recreationroads. Such eligibility shall be determined by the Game and Parks Commissionand certified to the Director-State Engineer, who shall, after receiving suchcertification, be authorized to commence construction on such recreation roadsas funds are available. Inaddition, those roads, excluding state highways, giving direct and immediateaccess to a state veteran cemetery are state recreation roads. Afterconstruction of such roads they shall be shown on the map provided by section 39-1311. Preference in construction shall be based on existing or potentialtraffic use by other than local residents. Unless the State Highway Commissionotherwise recommends, such roads upon completion of construction shall beincorporated into the state highway system. If such a road is not incorporatedinto the state highway system, the Department of Roads and the county withinwhich such road is located shall enter into a maintenance agreement establishingthe responsibility for maintenance of the road, the maintenance standardsto be met, and the responsibility for maintenance costs. Any money in theState Recreation Road Fund available for investment shall be invested by thestate investment officer pursuant to the Nebraska Capital Expansion Act andthe Nebraska State Funds Investment Act. SourceLaws 1963, c. 348, § 2, p. 1119; Laws 1965, c. 225, § 1, p. 649; Laws 1965, c. 501, § 1, p. 1595; Laws 1969, c. 584, § 42, p. 2369; Laws 1972, LB 1131, § 1; Laws 1995, LB 7, § 36; Laws 2003, LB 408, § 1; Laws 2009, First Spec. Sess., LB3, § 20; Laws 2010, LB749, § 1.Effective Date: July 15, 2010 Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.