USA Statutes : nevada
Title : Title 46 - MINES AND MINERALS
Chapter : CHAPTER 519A - RECLAMATION OF LAND SUBJECT TO MINING OPERATIONS OR EXPLORATION PROJECTS
1. The Legislature hereby finds that:
(a) The extraction of minerals by mining is a basic and essential
activity making an important contribution to the economy of the State of
Nevada;
(b) Proper reclamation of mined land, areas of exploration and
former areas of mining or exploration is necessary to prevent undesirable
land and surface water conditions detrimental to the ecology and to the
general health, welfare, safety and property rights of the residents of
this state; and
(c) The success of reclamation efforts in this state is dependent
upon cooperation among state and federal agencies.
2. The Legislature hereby directs that all agencies and political
subdivisions of the State of Nevada which are involved in or whose work
is related to the administration or enforcement of the provisions of this
chapter shall cooperate fully with all other state and federal agencies
in any related matter.
(Added to NRS by 1989, 1281)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 519A.030
to 519A.130 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1989, 1281)
“Administrator” means the
Administrator of the Division.
(Added to NRS by 1989, 1281)
“Affected” means that the
surface of the land is or will be disturbed by mining, or that the land
will be used:
1. As an evaporation or settling pond, leach dump, placer area or
tailings pond or dump; or
2. In conjunction with any structure, facility, equipment,
machine, tool, material or property incident to mining.
(Added to NRS by 1989, 1281)
“Commission” means the State
Environmental Commission.
(Added to NRS by 1989, 1281)
“Division” means the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources.
(Added to NRS by 1989, 1281)
“Exploration project”
means all activities conducted in this state by a person on or beneath
the surface of land for the purpose of, or in connection with,
determining the presence, location, extent, depth or grade of any
mineral, which affects the surface. The term does not include a small
exploration project.
(Added to NRS by 1989, 1281)
“Mining operation” means
all activities conducted in this state by a person on or beneath the
surface of land for the purpose of, or in connection with, the
development or extraction of any mineral. The term does not include an
aggregate or sand pit or a small mining operation.
(Added to NRS by 1989, 1282)
“Operator” means any person who
owns, controls or manages an exploration project or a mining operation.
(Added to NRS by 1989, 1282)
“Reclamation” means actions
performed during or after an exploration project or mining operation to
shape, stabilize, revegetate or otherwise treat the land in order to
return it to a safe, stable condition consistent with the establishment
of a productive postmining use of the land and the abandonment of a
facility in a manner which ensures the public safety, as well as the
encouragement of techniques which minimize the adverse visual effects.
(Added to NRS by 1989, 1282)
“Small
exploration project” means an exploration project which is limited to a
surface disturbance of not more than 5 acres in any calendar year. To
determine the area of the surface disturbed, all land disturbed and left
unreclaimed by an operator within a 1-mile radius of the center of the
project must be considered.
(Added to NRS by 1989, 1282)
“Small mining
operation” means a person who disturbs less than 5 acres of land in any
calendar year. To determine the area of the surface disturbed, all land
disturbed and left unreclaimed by an operator within a 1-mile radius of
the center of the project must be considered.
(Added to NRS by 1989, 1282; A 1991, 1944)
“Surety” means, but is not limited
to, a trust fund, surety bonds that guarantee performance or payment into
a trust fund, letters of credit, insurance, corporate or other guarantees
of performance, or any combination of these or other forms of security
approved by the Director of the State Department of Conservation and
Natural Resources and used to ensure that reclamation will be completed.
(Added to NRS by 1989, 1282)
The Division shall:
1. Administer and enforce the provisions of NRS 519A.010 to 519A.280 , inclusive, and the regulations adopted by
the Commission pursuant to NRS 519A.160 .
2. Employ persons who are experienced and qualified in the area of
reclamation.
3. Enter into a memorandum of understanding with the United States
Bureau of Land Management and the United States Forest Service concerning
the adoption by those agencies of plans of reclamation that:
(a) Apply to mining operations or exploration projects that are
conducted on a site which includes public land administered by a federal
agency and privately owned land; and
(b) Substantially provide for the reclamation and security required
by this chapter.
4. Develop and offer to operators on a regular basis educational
workshops that include and emphasize reclamation training and techniques
suitable for small exploration projects and mining operations.
5. Offer advice and technical assistance to operators.
6. Approve, reject or impose conditions upon the approval of any
plan for reclamation for an exploration project or mining operation.
7. Provide the Division of Minerals of the Commission on Mineral
Resources with a copy of any conditions imposed upon an approved plan and
the security required, on the same day that information is sent to the
operator.
(Added to NRS by 1989, 1282; A 1993, 1686; 1999, 3630 )
The Division may:
1. Conduct or authorize investigations, research, experiments and
demonstrations relating to reclamation.
2. Collect and disseminate nonconfidential information relating to
mining reclamation.
3. Enter into agreements relating to reclamation with other state
and federal governmental agencies pursuant to which services relating to
reclamation are provided by the Division or a governmental agency in
exchange for other consideration.
4. Receive federal, state or any other money and expend it to
carry out the purposes of NRS 519A.010 to 519A.280 , inclusive, or any regulation adopted by the
Commission pursuant to NRS 519A.160 .
5. Hold hearings and issue orders relating to the administration
or enforcement of the provisions of NRS 519A.010 to 519A.280 , inclusive, or any regulation adopted by the
Commission pursuant to NRS 519A.160 .
6. Summon witnesses, administer oaths and require the production
of pertinent records, books and other documents for examination at any
hearing or investigation conducted by it relating to the administration
or enforcement of the provisions of NRS 519A.010 to 519A.280 , inclusive, or any regulation adopted by the
Commission pursuant to NRS 519A.160 .
7. Request the Attorney General to bring suit in the name of the
State of Nevada against any person whom it finds has violated any
provision of NRS 519A.010 to 519A.280
, inclusive, or any regulation adopted
by the Commission pursuant to NRS 519A.160 , to restrain the person from continuing the
violation.
8. Modify any plan for reclamation previously approved by it if:
(a) Any provision of the plan is in conflict with the provisions of
a specific statute;
(b) Any provision of the plan becomes impossible or impracticable
to implement; or
(c) Any significant problem that was not previously considered by
the Division is discovered to exist which results or may result from
reclamation.
9. Suspend or revoke a permit upon a noticed hearing and a finding
by the Division that the holder of the permit has violated any provision
of NRS 519A.010 to 519A.280 , inclusive, a plan of reclamation, any
condition placed on a plan of reclamation or any regulation adopted by
the Commission pursuant to NRS 519A.160 .
10. Take any other action reasonable and necessary to enable it to
administer or enforce the provisions of NRS 519A.010 to 519A.280 , inclusive.
(Added to NRS by 1989, 1283)
The Commission shall
adopt regulations:
1. Establishing reasonable fees, based on the actual cost of
administration and enforcement, to be charged by the Division for an
application for and the issuance of a permit, the rates of which must be
set to differentiate between mining operations located on federal land
and those operations on state or private land;
2. Consistent with regulations adopted by the United States Bureau
of Land Management that are contained in Title 43 of the Code of Federal
Regulations and that do not conflict with any provision of this chapter
or any other regulation adopted by the Commission pursuant to this
section;
3. Setting forth the information required in relation to the
mining operation and maps of the area for inclusion in the checklist
developed pursuant to NRS 519A.220 ;
4. Providing for the holding of reclamation performance bonds or
other surety by the State and conditions governing the release and
forfeiture of those bonds or other surety;
5. Providing for a schedule within which reclamation must be
completed;
6. Establishing a schedule of civil penalties for the violation of
NRS 519A.010 to 519A.280 , inclusive;
7. Providing for informational filings related to reclamation by
small mining operations; and
8. Necessary to enable the Division to carry out the provisions of
NRS 519A.010 to 519A.280 , inclusive, and the regulations adopted by
the Commission pursuant to this section.
(Added to NRS by 1989, 1283)
All fees collected by
the Division pursuant to this chapter, including, without limitation, the
fees for an application for and the issuance of a permit, must be
deposited with the State Treasurer for credit to the appropriate account
of the Division and must be used in the administration of NRS 519A.010
to 519A.280 , inclusive. All interest earned on the money
credited pursuant to this section must be credited to the account to
which the money was credited.
(Added to NRS by 1989, 1284; A 2003, 347 )
EXPLORATION PROJECTS
A person shall not engage in an
exploration project without a valid permit for that purpose issued by the
Division.
(Added to NRS by 1989, 1284)
A
person who desires to engage in an exploration project must:
1. File with the Division, upon a form approved by it, an
application for a permit. The application must include:
(a) The name and address of the applicant and, if a corporation or
other business entity, the name and address of its principal officers and
its resident agent for service of process;
(b) An exploration map or sketch in sufficient detail to enable the
Division to locate the area to be explored and to determine whether
significant environmental problems are likely to result;
(c) The kinds of prospecting and excavation techniques that will be
used in the exploration project; and
(d) Any other information required by the regulations adopted by
the Commission pursuant to NRS 519A.160 .
2. Pay to the Division the application fee established in the
regulations adopted by the Commission pursuant to NRS 519A.160 .
3. Agree in writing to assume responsibility for the reclamation
of any surface area damaged as a result of the exploration project.
4. Not be in default of any other obligation relating to
reclamation pursuant to this chapter.
5. File with the Division a bond or other surety in a form
approved by the Administrator and in an amount required by the
regulations adopted by the Commission pursuant to NRS 519A.160 .
(Added to NRS by 1989, 1284)
MINING OPERATIONS
A person shall not engage in a
mining operation without a valid permit for that purpose issued by the
Division.
(Added to NRS by 1989, 1284)
A
person who desires to engage in a mining operation must:
1. File with the Division, upon a form approved by it, an
application for a permit for each location at which he will conduct
operations. The application must include:
(a) The name and address of the applicant and, if a corporation or
other business entity, the name and address of its principal officers and
its resident agent for service of process;
(b) A completed checklist developed by the Division pursuant to NRS
519A.220 ; and
(c) Any other information required by the regulations adopted by
the Commission pursuant to NRS 519A.160 .
2. Pay to the Division the application fee established in the
regulations adopted by the Commission pursuant to NRS 519A.160 .
3. Agree in writing to assume responsibility for the reclamation
of any land damaged as a result of the mining operation.
4. Not be in default of any other obligation relating to
reclamation pursuant to this chapter.
5. File with the Division a bond or other surety in a form and
amount required by the regulations adopted by the Commission pursuant to
NRS 519A.160 .
6. File with the Division of Minerals of the Commission on Mineral
Resources a copy of the plan for reclamation which is filed with the
application pursuant to subsection 1, on the same day the application is
filed with the Division.
(Added to NRS by 1989, 1284; A 1993, 1687; 1999, 3630 )
The Division shall develop a checklist to be completed by applicants for
a permit to engage in a mining operation. The information requested by
the checklist must include:
1. Information relating to the plan for reclamation, including:
(a) The proposed subsequent use of the land after the mining
operation is completed;
(b) The proposed schedule of reclamation that will be followed;
(c) The proposed topography of the land after the mining operation
is completed;
(d) The treatment of slopes created or affected by the mining
operation;
(e) The proposed use of impoundments;
(f) The kinds of access roads to be built and the manner of
reclamation of road sites;
(g) The methods of drainage that will be used during the mining
operation and reclamation;
(h) The revegetation of the land;
(i) The monitoring and maintenance of the reclaimed land that will
be performed by the operator;
(j) The reclamation that will be necessary as a result of instream
mining;
(k) The effect that reclamation will have on future mining in that
area; and
(l) The effect of the reclamation on public safety.
2. Information relating to the mining operation and maps of the
area which is required by the regulations adopted by the Commission
pursuant to NRS 519A.160 .
3. Other information as requested by the Administrator which he
determines is pertinent to the reclamation activities of the mining
operation.
(Added to NRS by 1989, 1285)
PLAN FOR RECLAMATION
1. A plan for reclamation must provide:
(a) That reclamation activities, particularly those relating to the
control of erosion, must be conducted simultaneously with the mining
operation to the extent practicable, and otherwise must be initiated
promptly upon the completion or abandonment of the mining operation in
any area that will not be subject to further disturbance. Reclamation
activities must be completed within the time set by the regulations
adopted by the Commission pursuant to NRS 519A.160 .
(b) For vegetative cover if appropriate to the future use of the
land.
(c) For the reclamation of all land disturbed by the exploration
project or mining operation to a stability comparable to that of adjacent
areas.
2. The operator may request the Division to grant an exception for
open pits and rock faces which may not be feasible to reclaim. If an
exception is granted, the Division shall require the operator to take
sufficient measures to ensure public safety.
3. Except in the case of an emergency, an operator shall not
depart from an approved plan for reclamation without prior written
approval from the Division.
4. Reclamation activities must be economically and technologically
practicable in achieving a safe and stable condition suitable for the use
of the land.
(Added to NRS by 1989, 1285)
If a mining operation or exploration project is conducted on land
administered by a federal agency, an approved federal plan of operations
and a surety that are consistent with the requirements of this chapter
supersede the requirements for a permit and bond or other surety
otherwise required by this chapter. If the mining operation or
exploration project is conducted on a site which includes both public
land and privately owned land, compliance with the federal plan suffices
if that plan substantially provides for the reclamation and bond or other
surety required by this chapter. Nothing in this section affects the
requirement for a permit set forth in NRS 519A.180 or 519A.200 or the required payment of fees set forth in
NRS 519A.160 or 519A.260 .
(Added to NRS by 1989, 1286; A 1991, 201)
1. An operator who is required by federal law to file a plan of
operation or an amended plan of operation with the United States Bureau
of Land Management or the United States Forest Service for operations
relating to mining or exploration on public land administered by a
federal agency, shall, not later than 30 days after the approval of the
plan or amended plan, provide the Division of Minerals of the Commission
on Mineral Resources with a copy of the filing and pay to the Division of
Minerals a fee in an amount established pursuant to subsection 5 for each
acre or part of an acre of land to be disturbed by mining included in the
plan or incremental acres to be disturbed pursuant to an amended plan.
2. The Division of Minerals shall adopt by regulation a method of
refunding a portion of the fee required by this section if a plan of
operation is amended to reduce the number of acres or part of an acre to
be disturbed pursuant to the amended plan. The refund must be based on
the reduced number of acres or part of an acre to be disturbed.
3. All money received by the Division of Minerals pursuant to
subsection 1 must be accounted for separately and used by the Division of
Minerals to create and administer programs for:
(a) The abatement of hazardous conditions existing at abandoned
mine sites which have been identified and ranked pursuant to the degree
of hazard established by regulations adopted by the Division of Minerals;
and
(b) The education of the members of the general public concerning
the dangers of the hazardous conditions described in paragraph (a).
Ê All interest and income earned on the money in the account, after
deducting applicable charges, must be deposited in the Account for the
Division of Minerals created pursuant to NRS 513.103 .
4. On or before February 1 of each odd-numbered year, the Division
of Minerals shall file a report with the Governor and the Legislature
describing its activities, total revenues and expenditures pursuant to
this section.
5. The Commission on Mineral Resources shall, by regulation,
establish the fee required pursuant to subsection 1 in an amount not to
exceed $30 per acre.
(Added to NRS by 1989, 1286; A 1989, 2063; 1991, 1780; 1993, 210,
211, 1687; 1995, 511; 1999, 891 , 3631 ; 2001, 66 )
1. Each operator shall, on or before April 15 of each year, submit
to the Administrator a report relating to the status and production of
all mining operations and exploration projects in which he has engaged
and identifying each acre of land affected and land reclaimed by that
mining operation or exploration project through the preceding calendar
year, and shall pay to the Division a fee of:
(a) One dollar and fifty cents for each acre of public land
administered by a federal agency; and
(b) Five dollars and fifty cents for each acre of privately owned
land,
Ê which has been disturbed by mining operations or exploration projects
engaged in by the operator and not reclaimed.
2. All money received by the State Treasurer pursuant to paragraph
(a) of subsection 1 together with three-elevenths of all money received
by the State Treasurer pursuant to paragraph (b) of subsection 1, up to a
maximum of $100,000 annually, must be distributed directly to the Bureau
of Mines and Geology of the State of Nevada to be used to carry out the
provisions of NRS 514.060 . Any money in
excess of the maximum and the balance collected pursuant to paragraph (b)
of subsection 1 must be credited to the appropriate account for the
Division and used to administer the provisions of this chapter.
(Added to NRS by 1989, 1287; A 1991, 201)
VIOLATIONS AND PENALTIES
If the Division has reason to believe that any provision of NRS
519A.010 to 519A.280 , inclusive, a plan for reclamation, any
condition placed on a plan for reclamation or any regulation adopted by
the Commission pursuant to NRS 519A.160 , has been violated, the Division shall serve
a notice of noncompliance upon the holder of the permit. The notice must:
1. Be served personally or by registered mail addressed to the
holder of the permit at his address as shown on the records of the
Division;
2. Specify each violation; and
3. Set a date and time for a hearing and inform the person that
his permit may be suspended or revoked and his bond or other surety
forfeited upon completion of the hearing or if he fails to attend the
hearing.
(Added to NRS by 1989, 1287)
1. Except as otherwise provided in NRS 445C.010 to 445C.120 , inclusive, a person who violates any
provision of NRS 519A.010 to 519A.280
, inclusive, or any regulation adopted
by the Commission pursuant to NRS 519A.160 , is guilty of a misdemeanor and, in addition
to any criminal penalty, is subject to a civil penalty imposed by the
Division at a hearing for which notice has been given, in an amount
determined pursuant to the schedule adopted by the Commission pursuant to
NRS 519A.160 .
2. Any money received by the Division pursuant to subsection 1
must be deposited with the State Treasurer for credit to the appropriate
account of the Division. All interest earned on the money credited
pursuant to this section must be credited to the account to which the
money was credited.
(Added to NRS by 1989, 1287; A 1997, 1081; 2003, 347 )
PROGRAM FOR THE POOLING OF RECLAMATION PERFORMANCE BONDS
1. The Division of Minerals of the Commission on Mineral Resources
shall develop and administer a program providing for the pooling of
reclamation performance bonds to assist:
(a) An operator to comply with the bonding and surety requirements
of this chapter;
(b) A person who engages in small mining operations or small
exploration projects to comply with the requirements for financial
guarantees set forth in the regulations adopted pursuant to 43 U.S.C. §
1740; or
(c) A person who engages in mining operations, small mining
operations, exploration projects or small exploration projects to comply
with the bonding requirements imposed pursuant to an ordinance adopted by
a county in this state.
2. The program must:
(a) Be designed to reduce the financial burden of obtaining a
reclamation performance bond for mining operations, small mining
operations, exploration projects or small exploration projects;
(b) Require each operator or any other person who participates in
the program to:
(1) Pay an amount into the pool each year which annually is
actuarially determined to enable the program to be self-sustaining;
(2) Execute an agreement of indemnity on a form provided by
the Division of Minerals; and
(3) Provide collateral or other security approved by the
Administrator of the Division of Minerals if the Administrator considers
it necessary to ensure against the forfeiture of a reclamation
performance bond;
(c) Use the money in the pool to cover the bonded liability of the
operators and any other persons who participate in the program;
(d) Provide a limit on the total bonded liability of any person who
may be covered under the program; and
(e) Provide conditions for the release and forfeiture of bonds.
3. The Division of Minerals shall adopt regulations relating to
the development and administration of the program.
4. If the reclamation performance bond of an operator or any other
person who participates in the program is forfeited, the Attorney General
may bring an action in the name of the State of Nevada in any court of
competent jurisdiction against the operator or such other person to
recover the costs incurred by the program in the reclamation of the land.
(Added to NRS by 1989, 1287; A 1993, 1688; 1997, 910; 1999, 3631
)
