As used in this chapter, unless the
context requires otherwise:
1. “Administrator” means the Administrator of the Division.
2. “Commission” means the Commission on Mineral Resources.
3. “Division” means the Division of Minerals of the Commission.
(Added to NRS by 1977, 1148; A 1983, 2070; 1993, 1681; 1999, 3627
)
1. The Commission on Mineral Resources, composed of seven members
appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Two persons who are familiar with large-scale mining;
(b) One person who is familiar with the production of oil and gas;
(c) One person who is familiar with exploration for and development
of minerals;
(d) One person who is familiar with the situations unique to
small-scale mining and prospecting;
(e) One person who is familiar with the development of geothermal
resources; and
(f) One member to represent the general public.
3. The members of the Commission shall serve terms of 4 years,
except when appointed to fill unexpired terms.
(Added to NRS by 1983, 2067)
The Commission consists of:
1. The members of the Commission appointed pursuant to NRS 513.023
; and
2. The Division.
(Added to NRS by 1999, 3626 )
1. Each member of the Commission is entitled to receive a salary
of not more than $80, as fixed by the Commission, for each day while
engaged in the business of the Commission.
2. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
(Added to NRS by 1983, 2068; A 1985, 434; 1989, 1717)
1. The members of the Commission shall select a Chairman from
among their number who shall serve at the pleasure of the Commission.
2. The Administrator shall serve as Secretary of the Commission
and shall keep the minutes and audio recordings or transcripts of its
proceedings.
(Added to NRS by 1983, 2068; A 1993, 1682; 2005, 1414 )
1. The Commission shall meet at such times and at such places as
is specified by the call of the Chairman or a majority of the Commission,
but a meeting of the Commission must be held at least once every 4
months. In case of emergency, special meetings may be called by the
Chairman or by the Administrator.
2. Four members of the Commission constitute a quorum for
transacting the business of the Commission.
3. The minutes and audio recordings or transcripts of each meeting
of the Commission must be filed with the Division.
(Added to NRS by 1983, 2068; A 1993, 1682; 2005, 1414 )
The Commission shall:
1. Keep itself informed of and interested in the entire field of
legislation and administration charged to the Division.
2. Report to the Governor and the Legislature on all matters which
it may deem pertinent to the Division, and concerning any specific
matters previously requested by the Governor.
3. Advise and make recommendations to the Governor and the
Legislature concerning the policy of this State relating to minerals.
4. Formulate the administrative policies of the Division.
5. Adopt regulations necessary for carrying out the duties of the
Commission and the Division.
(Added to NRS by 1983, 2068; A 1999, 3627 )
DIVISION OF MINERALS
The
Division shall:
1. Encourage and assist in the exploration for and the production
of oil, gas, geothermal energy and minerals within this State.
2. Collect and disseminate throughout the State information
calculated to educate persons engaged in those enterprises and benefit
those enterprises in this State, and any information pertaining to any
program administered by the Division.
3. Maintain a register of all mining operations and operations for
the production of oil, gas and geothermal energy in this State.
4. Record annually the production of each registered mining
operation and operation for the production of oil, gas and geothermal
energy in this State.
5. Administer the provisions of chapter 522 of NRS.
6. Administer any regulations adopted by the Commission.
(Added to NRS by 1983, 2068; A 1993, 1682)
The Division shall:
1. Prescribe a suggested form for each certificate or other
document required to be recorded to locate or maintain a mining claim,
mill site or tunnel right.
2. Adopt regulations to ensure that all maps established and
maintained pursuant to subsection 3 of NRS 517.040 and subsection 2 of NRS 517.100 are prepared in a similar manner.
(Added to NRS by 1985, 1493; A 1993, 1682)
1. The Chief Administrative Officer of the Division is the
Administrator, who must be appointed by the Commission.
2. The Administrator of the Division:
(a) Must be a graduate of an accredited college or university and
have substantial experience as an administrator or at least 5 years’
experience in the exploration for or the production or conservation of
minerals.
(b) Is in the unclassified service of the State.
(c) Except as otherwise provided in NRS 284.143 , shall devote his entire time and attention to
his duties as a public officer and shall not pursue any other business or
occupation or hold any other office of profit.
(Added to NRS by 1983, 2069; A 1993, 1683; 1995, 2316; 1999, 3627
)
The Administrator:
1. Shall coordinate the activities of the Division.
2. Shall report to the Commission upon all matters pertaining to
the administration of the Division.
3. Shall submit a biennial report to the Governor and the
Legislature through the Commission concerning the work of the Division,
with recommendations that he may deem necessary. The report must set
forth the facts relating to the condition of mining and of exploration
for and production of oil and gas in the State.
(Added to NRS by 1983, 2069; A 1993, 1683)
1. An additional fee, in an amount established pursuant to
subsection 4, is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect
and pay over the additional fee, and the additional fee must be deposited
in the same manner as provided in that section.
2. The Administrator shall, within the limits of the money
provided by this fee, establish a program to discover dangerous
conditions that result from mining practices which took place at a mine
that is no longer operating, identify if feasible the owner or other
person responsible for the condition, and rank the conditions found in
descending order of danger. The Administrator shall annually during the
month of January, or more often if the danger discovered warrants, inform
each board of county commissioners concerning the dangerous conditions
found in the respective counties, including their degree of danger
relative to one another and to those conditions found in the State as a
whole. In addition, the Administrator shall work to educate the public to
recognize and avoid those hazards resulting from mining practices which
took place at a mine that is no longer operating.
3. To carry out this program and these duties, the Administrator
shall employ a qualified assistant, who must be in the unclassified
service of the State and whose position is in addition to the
unclassified positions otherwise authorized in the Division by statute.
4. The Commission shall establish by regulation:
(a) The fee required pursuant to subsection 1, in an amount not to
exceed $4 per claim.
(b) Standards for determining the conditions created by the
abandonment of a former mine or its associated works that constitute a
danger to persons or animals and for determining the relative degree of
danger. A condition whose existence violates a federal or state statute
or regulation intended to protect public health or safety is a danger
because of that violation.
(c) Standards for abating the kinds of dangers usually found,
including, but not limited to, standards for excluding persons and
animals from dangerous open excavations.
(Added to NRS by 1987, 1867; A 1993, 298, 1683; 1995, 579; 1999,
890 , 3627 ; 2001, 66 )
1. The Account for the Division of Minerals is hereby created in
the State General Fund.
2. The following special fees and money must be deposited in the
Account:
(a) All fees collected pursuant to NRS 513.094 , 517.185 and
chapter 522 of NRS.
(b) All money collected pursuant to NRS 235.016 .
(c) Any money received by the Division from a county pursuant to
NRS 513.108 .
(d) All fees collected pursuant to NRS 534A.080 .
(e) Any money appropriated to the Division from the State General
Fund.
3. No money except that appropriated from the State General Fund
lapses to the State General Fund.
4. The money in the Account is appropriated to the Division. The
money deposited in the Account pursuant to paragraph (a) of subsection 2,
and the interest earned thereon, must be expended for the purposes of
administering chapter 522 of NRS and the
provisions of this chapter, except for NRS 513.108 . The money deposited pursuant to paragraphs
(b) and (c) of subsection 2, and the interest earned thereon, must be
distributed to the counties pursuant to NRS 513.108 , except that portion required to pay the cost
of administering the provisions of that section. All interest earned on
the Account must remain in the Account.
(Added to NRS by 1983, 2070; A 1985, 303; 1987, 1868; 1989, 141;
1991, 1779; 1993, 111, 1684; 1995, 509)
1. The board of county commissioners in each county may apply to
the Division for money to abate a dangerous condition resulting from
mining practices which took place at a mine that is no longer operating.
2. The Division shall, within the limits of the money available
pursuant to paragraphs (b) and (c) of subsection 2 of NRS 513.103 , provide counties with money to abate such
dangerous conditions based on the relative degree of danger of those
conditions.
3. If a county which receives money from the Division subsequently
receives monetary compensation from the mine owner or other person
responsible for the existence of the dangerous condition, it shall
reimburse the Division to the extent of the compensation received. Any
money received by the Division pursuant to this subsection must be
deposited in the Account for the Division of Minerals created pursuant to
NRS 513.103 .
(Added to NRS by 1989, 141; A 1991, 1780; 1993, 1684)
The Division may
request assistance from the Bureau of Mines and Geology of the State of
Nevada and the State Engineer and cooperate with them in carrying out the
purposes of this chapter.
(Added to NRS by 1977, 1149; A 1983, 2070; 1985, 1125; 1993, 1685)
|
