Read the full stored bill text
LEGISLATIVE BILL 794
Approved by the Governor February 24, 2026
Introduced by DeKay, 40.
A BILL FOR AN ACT relating to natural resources; to amend sections 2-406,
2-3232, 81-201, 81-2,162.27, and 81-2,164.03, Reissue Revised Statutes of
Nebraska; to change provisions relating to the powers of and to provide
duties for the Department of Agriculture; to provide for natural resources
districts to establish programs relating to soil and water; to eliminate
provisions relating to the Healthy Soils Task Force and fund transfers
under the Fertilizers and Soil Conditioners Administrative Fund; to
harmonize provisions; to repeal the original sections; and to outright
repeal sections 2-401, 2-402, 2-403, and 2-404, Reissue Revised Statutes
of Nebraska.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 2-406, Reissue Revised Statutes of Nebraska, is amended
to read:
2-406 The Legislature finds that:
(1) With over ninety percent of Nebraska's land base in cropland and
rangeland agricultural production, its agricultural sector is foundational to
the state's economy. Nebraska agricultural producers face many challenges, from
shrinking profit margins, depletion of natural resources, and extreme weather
events, to increased public interest concerning the impact of current
agricultural practices on the environment;
(2) Since the prairie was plowed for farming, Nebraska has lost topsoil
and organic matter to both water and wind erosion. Soil erosion reduces soil
productivity and deteriorates water quality. Organic matter is vital to soil
fertility, structure, and water retention ability and is only at one-half of
its original level;
(3) This state's soil and abundant water are Nebraska's most critical
natural resources. The quality of both is vital for productive and profitable
agricultural production, rural and urban economic viability, long-term food
security, natural resource resiliency, and the associated influences on human
health and quality of life. The relative quality and availability of the
state's ground water and surface waters are directly impacted by the health of
the land, particularly its agricultural soil;
(4) It is not uncommon to find nitrate levels in excess of federal
drinking water standards in wells across the state. Elevated levels of nitrates
in Nebraska's ground water are alarming as approximately eighty-five percent of
Nebraska residents rely on drinking water pumped from the ground. While nitrate
levels in Nebraska's ground water are gradually improving in some areas, they
remain at troublesome levels elsewhere, particularly in the central and
northeastern parts of Nebraska;
(5) The Healthy Soils Task Force created under Laws 2019, LB243, section
2, section 2-402 concluded that healthier soils produced through best soil
management practices improve yield stability, produce greater financial returns
over time, reduce the need for chemical inputs, increase water infiltration
rates and water storage capacity making soil more resilient to drought,
flooding, and erosion, and protect and improve water quality. The task force
also concluded that two significant barriers to adoption of healthy soil
management practices by agricultural producers are uncertainty of the positive
economic return on investment in healthy soil management practices and the lack
of education and information available to a broader audience; and
(6) With the general public's growing interest in how food is grown
relative to human health and long-term resiliency of our natural resources,
greater adoption of healthy soil management practices is beneficial to both
rural and urban contingencies. A voluntary grassroots effort to accelerate the
means to protect and enhance Nebraska's soil and receive the benefits described
in the task force report should be encouraged and supported.
Sec. 2. Section 2-3232, Reissue Revised Statutes of Nebraska, is amended
to read:
2-3232 Each district shall have the power and authority to:
(1) Make studies, investigations, or surveys and do research as may be
necessary to carry out its authorized purposes, enter upon any land, after
notifying the owner or occupier, for the purpose of conducting such studies,
investigations, surveys, and research, and publish and disseminate the results.
Entry upon any property pursuant to this section shall not be considered
trespass, and damages are not recoverable on that account alone. In case of any
actual or demonstrable damage to premises, the district shall pay the owner of
the premises the amount of the damages. Upon failure of the landowner and the
district to agree upon the amount of damages, the landowner, in addition to any
other available remedy, may file a petition as provided in section 76-705. To
avoid duplication of effort, any such studies, investigations, surveys,
research, or dissemination shall be in cooperation and coordination with the
programs of the University of Nebraska, or any department thereof, and any
other appropriate state agencies; and
LB794
2026
LB794
2026
-1-
(2) Conduct demonstration projects within the district on lands owned or
controlled by this state or any of its agencies, with the cooperation of the
agency administering and having jurisdiction thereof, and on any other lands
within the district, upon obtaining the consent of the owners of such land or
the necessary rights and interest in such lands, in order to demonstrate by
example the means, methods, and measures by which soil and water resources may
be conserved and soil erosion in the form of soil blowing and soil washing may
be prevented and controlled. Demonstration projects shall be coordinated with
the programs of the Agricultural Research Division of the University of
Nebraska Institute of Agriculture and Natural Resources; and .
(3) Establish or participate in programs to educate residents about or
research practices to improve water quality, water quantity management, or soil
health practices. Such programs may include conducting demonstration projects
as provided in this section and hosting educational events to inform
agricultural producers and the general public about practices to protect and
conserve natural resources in the state. A district may enter into agreements
with agricultural producers, nonprofit organizations, companies, service
organizations, political subdivisions, public or private postsecondary
educational institutions, or state or federal agencies to establish or
participate in such programs.
Sec. 3. Section 81-201, Reissue Revised Statutes of Nebraska, is amended
to read:
81-201 (1) The Department of Agriculture may:
(a) Encourage shall have power (1) to encourage and promote, in every
practicable manner, the interest of agriculture;
(b) Promote (2) to promote methods of conducting the industry of
agriculture with a view to increasing the production and facilitating the
distribution thereof at the least cost;
(c) Collect (3) to collect and publish statistics relating to the
production and marketing of agricultural products, so far as such statistical
information may be of value to the agricultural and allied interests of the
state, and to cooperate with the federal government in the matter of collecting
and publishing such statistical information;
(d) Publish (4) to publish and distribute the Weeds of the Great Plains
book and supplemental inserts thereto, for sale and distribution to the public.
All money collected from the sale of the publications shall be remitted to the
State Treasurer and credited as provided in section 81-201.05;
(e) Inquire (5) to inquire into the causes of contagious, infectious, and
communicable diseases among domestic animals and the means for the prevention
and cure of the same;
(f) Execute (6) to execute and enforce all laws relating to matters within
its jurisdiction and to adopt and promulgate necessary rules and regulations
for the administration and enforcement of such laws;
(g) Employ (7) to employ special investigators who shall be appointed
deputy state sheriffs by the Governor and who shall, upon qualifying for such
office, possess all the powers which attach to such office, except that their
powers and duties shall be restricted to the enforcement of the laws of the
State of Nebraska within the jurisdiction of the Department of Agriculture;
(h) Perform (8) to perform laboratory testing services as provided in
section 81-2,293; and
(i) Enforce (9) to enforce the Foreign-owned Real Estate National Security
Act.
(2) Prior to January 1, 2027, the Department of Agriculture shall
electronically submit, to the Clerk of the Legislature, the following relating
to the Healthy Soils Task Force created under Laws 2019, LB243, section 2:
(a) A copy of the comprehensive action plan submitted pursuant to section
2-404, as such section existed on January 1, 2021;
(b) A copy of the findings and recommendations reported pursuant to
section 2-404, as such section existed on January 1, 2021; and
(c) A copy of the agendas, meeting minutes, and any other documents
submitted by the task force to the department.
Sec. 4. Section 81-2,162.27, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.27 (1) All money received under the Nebraska Commercial
Fertilizer and Soil Conditioner Act and the Agricultural Liming Materials Act
shall be remitted to the State Treasurer for credit to the Fertilizers and Soil
Conditioners Administrative Fund, which fund is hereby created. Money so
received shall be used by the department for defraying the expenses of
administering the Nebraska Commercial Fertilizer and Soil Conditioner Act and
the Agricultural Liming Materials Act. The fund may also be used to defray
costs incurred by the department directly related to administrative and
budgetary support of the Healthy Soils Task Force pursuant to sections 2-401 to
2-404, except that no more than ten thousand dollars may be expended by the
department from the fund for such purpose. Transfers may be made from the fund
to the General Fund at the direction of the Legislature. The State Treasurer
shall transfer two hundred seventy-five thousand dollars from the Fertilizers
and Soil Conditioners Administrative Fund to the General Fund on or before June
30, 2019, on such dates and in such amounts as directed by the budget
administrator of the budget division of the Department of Administrative
Services.
(2) Any unexpended balance in the Fertilizers and Soil Conditioners
Administrative Fund at the close of any biennium shall, when reappropriated, be
available for the uses and purposes of the fund for the succeeding biennium.
LB794
2026
LB794
2026
-2-
Any money in the fund available for investment shall be invested by the state
investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act.
Sec. 5. Section 81-2,164.03, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,164.03 The Director of Agriculture is hereby authorized to receive
voluntary gifts and contributions from the federal government, private
agencies, farm industry associations, individuals, and any other person, or to
collect fees or charges for services or publications from any source,
including, but not limited to, the federal government, state governments,
public agencies, and private entities or individuals for the purpose of
defraying the expenses of carrying out subdivision (1)(c) (3) of section 81-201
and sections 81-2,163 and 81-2,164.03. All advances so received shall be
credited to the Agricultural Products Marketing Information Cash Fund, which
fund is hereby created. Disbursements from such fund shall be made upon
vouchers approved by the director and warrants issued thereon as provided by
law. All money received from the federal government, local government agencies,
private research agencies, farm industry associations, individuals, or any
other person, which are reimbursements for expenditures made, shall be remitted
to the State Treasurer for credit to the Agricultural Products Marketing
Information Cash Fund. Any money in the fund available for investment shall be
invested by the state investment officer pursuant to the Nebraska Capital
Expansion Act and the Nebraska State Funds Investment Act.
Sec. 6. Original sections 2-406, 2-3232, 81-201, 81-2,162.27, and
81-2,164.03, Reissue Revised Statutes of Nebraska, are repealed.
Sec. 7. The following sections are outright repealed: Sections 2-401,
2-402, 2-403, and 2-404, Reissue Revised Statutes of Nebraska.
LB794
2026
LB794
2026
-3-