2005 Nevada Revised Statutes - Chapter 513 — Commission on Mineral Resources

CHAPTER 513 - COMMISSION ON MINERALRESOURCES

GENERAL PROVISIONS

NRS 513.011 Definitions.

NRS 513.023 Creation;appointment of members; terms of office.

NRS 513.025 Composition.

NRS 513.033 Compensationof members.

NRS 513.043 Officers.

NRS 513.053 Meetings;quorum; minutes, audio recordings and transcripts.

NRS 513.063 Duties.

DIVISION OF MINERALS

NRS 513.073 Encouragementof exploration; collection and dissemination of educational information;maintenance of register of operations; record of annual production;administration of chapter 522 of NRS and regulationsof Commission.

NRS 513.075 Suggestedforms for required documents; regulations to ensure conformance in preparationof certain maps.

NRS 513.083 Administrator:Appointment; qualifications; classification; restrictions on other employment.

NRS 513.093 Administrator:Powers; duties.

NRS 513.094 Additionalfee; Administrator to establish program to discover dangerous conditions ofnonoperating mines; employment of qualified assistant; regulations.

NRS 513.103 Accountfor the Division of Minerals: Creation; sources, lapse and use of money inAccount.

NRS 513.108 Abatementof dangerous condition of nonoperating mines; reimbursement of Division.

NRS 513.113 Assistancefrom state agencies.

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GENERAL PROVISIONS

NRS 513.011 Definitions. As used in this chapter, unless the context requiresotherwise:

1. Administrator means the Administrator of theDivision.

2. Commission means the Commission on MineralResources.

3. Division means the Division of Minerals of theCommission.

(Added to NRS by 1977, 1148; A 1983, 2070; 1993,1681; 1999, 3627)

NRS 513.023 Creation;appointment of members; terms of office.

1. The Commission on Mineral Resources, composed ofseven members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Two persons who are familiar with large-scalemining;

(b) One person who is familiar with the production ofoil and gas;

(c) One person who is familiar with exploration for anddevelopment of minerals;

(d) One person who is familiar with the situationsunique to small-scale mining and prospecting;

(e) One person who is familiar with the development ofgeothermal resources; and

(f) One member to represent the general public.

3. The members of the Commission shall serve terms of4 years, except when appointed to fill unexpired terms.

(Added to NRS by 1983, 2067)

NRS 513.025 Composition.The Commission consists of:

1. The members of the Commission appointed pursuant toNRS 513.023; and

2. The Division.

(Added to NRS by 1999, 3626)

NRS 513.033 Compensationof members.

1. Each member of the Commission is entitled toreceive a salary of not more than $80, as fixed by the Commission, for each daywhile 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 diemallowance and travel expenses provided for state officers and employeesgenerally.

(Added to NRS by 1983, 2068; A 1985, 434; 1989, 1717)

NRS 513.043 Officers.

1. The members of the Commission shall select aChairman from among their number who shall serve at the pleasure of theCommission.

2. The Administrator shall serve as Secretary of theCommission and shall keep the minutes and audio recordings or transcripts ofits proceedings.

(Added to NRS by 1983, 2068; A 1993, 1682; 2005, 1414)

NRS 513.053 Meetings;quorum; minutes, audio recordings and transcripts.

1. The Commission shall meet at such times and at suchplaces as is specified by the call of the Chairman or a majority of theCommission, but a meeting of the Commission must be held at least once every 4months. In case of emergency, special meetings may be called by the Chairman orby the Administrator.

2. Four members of the Commission constitute a quorumfor transacting the business of the Commission.

3. The minutes and audio recordings or transcripts ofeach meeting of the Commission must be filed with the Division.

(Added to NRS by 1983, 2068; A 1993, 1682; 2005, 1414)

NRS 513.063 Duties. The Commission shall:

1. Keep itself informed of and interested in theentire field of legislation and administration charged to the Division.

2. Report to the Governor and the Legislature on allmatters which it may deem pertinent to the Division, and concerning anyspecific matters previously requested by the Governor.

3. Advise and make recommendations to the Governor andthe Legislature concerning the policy of this State relating to minerals.

4. Formulate the administrative policies of theDivision.

5. Adopt regulations necessary for carrying out theduties of the Commission and the Division.

(Added to NRS by 1983, 2068; A 1999, 3627)

DIVISION OF MINERALS

NRS 513.073 Encouragementof exploration; collection and dissemination of educational information;maintenance of register of operations; record of annual production;administration of chapter522 of NRS and regulations of Commission. TheDivision shall:

1. Encourage and assist in the exploration for and theproduction of oil, gas, geothermal energy and minerals within this State.

2. Collect and disseminate throughout the Stateinformation calculated to educate persons engaged in those enterprises andbenefit those enterprises in this State, and any information pertaining to anyprogram administered by the Division.

3. Maintain a register of all mining operations andoperations for the production of oil, gas and geothermal energy in this State.

4. Record annually the production of each registeredmining operation and operation for the production of oil, gas and geothermalenergy in this State.

5. Administer the provisions of chapter 522 of NRS.

6. Administer any regulations adopted by theCommission.

(Added to NRS by 1983, 2068; A 1993, 1682)

NRS 513.075 Suggestedforms for required documents; regulations to ensure conformance in preparationof certain maps. The Division shall:

1. Prescribe a suggested form for each certificate orother document required to be recorded to locate or maintain a mining claim,mill site or tunnel right.

2. Adopt regulations to ensure that all mapsestablished and maintained pursuant to subsection 3 of NRS 517.040 and subsection 2 of NRS 517.100 are prepared in a similarmanner.

(Added to NRS by 1985, 1493; A 1993, 1682)

NRS 513.083 Administrator:Appointment; qualifications; classification; restrictions on other employment.

1. The Chief Administrative Officer of the Division isthe Administrator, who must be appointed by the Commission.

2. The Administrator of the Division:

(a) Must be a graduate of an accredited college oruniversity and have substantial experience as an administrator or at least 5years experience in the exploration for or the production or conservation ofminerals.

(b) Is in the unclassified service of the State.

(c) Except as otherwise provided in NRS 284.143, shall devote his entire timeand attention to his duties as a public officer and shall not pursue any otherbusiness or occupation or hold any other office of profit.

(Added to NRS by 1983, 2069; A 1993, 1683; 1995,2316; 1999, 3627)

NRS 513.093 Administrator:Powers; duties. The Administrator:

1. Shall coordinate the activities of the Division.

2. Shall report to the Commission upon all matterspertaining to the administration of the Division.

3. Shall submit a biennial report to the Governor andthe Legislature through the Commission concerning the work of the Division,with recommendations that he may deem necessary. The report must set forth thefacts relating to the condition of mining and of exploration for and productionof oil and gas in the State.

(Added to NRS by 1983, 2069; A 1993, 1683)

NRS 513.094 Additionalfee; Administrator to establish program to discover dangerous conditions ofnonoperating mines; employment of qualified assistant; regulations.

1. An additional fee, in an amount establishedpursuant to subsection 4, is imposed upon all filings to which NRS 517.185 applies. Each county recordershall collect and pay over the additional fee, and the additional fee must bedeposited in the same manner as provided in that section.

2. The Administrator shall, within the limits of themoney provided by this fee, establish a program to discover dangerousconditions that result from mining practices which took place at a mine that isno longer operating, identify if feasible the owner or other person responsiblefor the condition, and rank the conditions found in descending order of danger.The Administrator shall annually during the month of January, or more often ifthe danger discovered warrants, inform each board of county commissionersconcerning the dangerous conditions found in the respective counties, includingtheir degree of danger relative to one another and to those conditions found inthe State as a whole. In addition, the Administrator shall work to educate thepublic to recognize and avoid those hazards resulting from mining practiceswhich took place at a mine that is no longer operating.

3. To carry out this program and these duties, theAdministrator shall employ a qualified assistant, who must be in theunclassified service of the State and whose position is in addition to theunclassified positions otherwise authorized in the Division by statute.

4. The Commission shall establish by regulation:

(a) The fee required pursuant to subsection 1, in anamount not to exceed $4 per claim.

(b) Standards for determining the conditions created bythe abandonment of a former mine or its associated works that constitute adanger to persons or animals and for determining the relative degree of danger.A condition whose existence violates a federal or state statute or regulationintended to protect public health or safety is a danger because of thatviolation.

(c) Standards for abating the kinds of dangers usuallyfound, including, but not limited to, standards for excluding persons andanimals from dangerous open excavations.

(Added to NRS by 1987, 1867; A 1993, 298, 1683; 1995,579; 1999, 890, 3627; 2001, 66)

NRS 513.103 Accountfor the Division of Minerals: Creation; sources, lapse and use of money inAccount.

1. The Account for the Division of Minerals is herebycreated in the State General Fund.

2. The following special fees and money must bedeposited in the Account:

(a) All fees collected pursuant to NRS 513.094, 517.185 and chapter522 of NRS.

(b) All money collected pursuant to NRS 235.016.

(c) Any money received by the Division from a countypursuant to NRS 513.108.

(d) All fees collected pursuant to NRS 534A.080.

(e) Any money appropriated to the Division from theState General Fund.

3. No money except that appropriated from the StateGeneral Fund lapses to the State General Fund.

4. The money in the Account is appropriated to theDivision. The money deposited in the Account pursuant to paragraph (a) ofsubsection 2, and the interest earned thereon, must be expended for thepurposes of administering chapter 522 of NRSand the provisions of this chapter, except for NRS 513.108. The money deposited pursuantto 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 requiredto pay the cost of administering the provisions of that section. All interestearned 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)

NRS 513.108 Abatementof dangerous condition of nonoperating mines; reimbursement of Division.

1. The board of county commissioners in each countymay apply to the Division for money to abate a dangerous condition resultingfrom mining practices which took place at a mine that is no longer operating.

2. The Division shall, within the limits of the moneyavailable pursuant to paragraphs (b) and (c) of subsection 2 of NRS 513.103, provide counties with money toabate such dangerous conditions based on the relative degree of danger of thoseconditions.

3. If a county which receives money from the Divisionsubsequently receives monetary compensation from the mine owner or other personresponsible for the existence of the dangerous condition, it shall reimburse theDivision to the extent of the compensation received. Any money received by theDivision pursuant to this subsection must be deposited in the Account for theDivision of Minerals created pursuant to NRS513.103.

(Added to NRS by 1989, 141; A 1991, 1780; 1993, 1684)

NRS 513.113 Assistancefrom state agencies. The Division may requestassistance from the Bureau of Mines and Geology of the State of Nevada and theState Engineer and cooperate with them in carrying out the purposes of thischapter.

(Added to NRS by 1977, 1149; A 1983, 2070; 1985,1125; 1993, 1685)

 

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