2005 Nevada Revised Statutes - Chapter 519A — Reclamation of Land Subject to Mining Operations or Exploration Projects

CHAPTER 519A - RECLAMATION OF LAND SUBJECTTO MINING OPERATIONS OR EXPLORATION PROJECTS

GENERAL PROVISIONS

NRS 519A.010 Legislativefinding; state policy.

NRS 519A.020 Definitions.

NRS 519A.030 Administratordefined.

NRS 519A.040 Affecteddefined.

NRS 519A.050 Commissiondefined.

NRS 519A.060 Divisiondefined.

NRS 519A.070 Explorationproject defined.

NRS 519A.080 Miningoperation defined.

NRS 519A.090 Operatordefined.

NRS 519A.100 Reclamationdefined.

NRS 519A.110 Smallexploration project defined.

NRS 519A.120 Smallmining operation defined.

NRS 519A.130 Suretydefined.

NRS 519A.140 Dutiesof Division.

NRS 519A.150 Powersof Division.

NRS 519A.160 Regulationsof Commission.

NRS 519A.170 Fees:Disposition; interest.

EXPLORATION PROJECTS

NRS 519A.180 Permitrequired.

NRS 519A.190 Applicationfor permit; fee; conditions; bond.

MINING OPERATIONS

NRS 519A.200 Permitrequired.

NRS 519A.210 Applicationfor permit; fee; conditions; bond.

NRS 519A.220 Applicantto complete checklist for permit; contents.

PLAN FOR RECLAMATION

NRS 519A.230 Provisionsof plan for reclamation; exceptions.

NRS 519A.240 Effectof compliance with federal plan of operations.

NRS 519A.250 Operatorto provide Division of Minerals copy of filing of plan of operation or amendedplan of operation; fee; refunds; use of money collected; Division to filereport with Governor and Legislature.

NRS 519A.260 Annualsubmission of reports and payment of fees by operator; disposition of moneyreceived.

VIOLATIONS AND PENALTIES

NRS 519A.270 Noticeof noncompliance; method of service; contents; hearing.

NRS 519A.280 Penalties;disposition of money.

PROGRAM FOR THE POOLING OF RECLAMATION PERFORMANCE BONDS

NRS 519A.290 Developmentand administration of program by Division of Minerals; requirements forprogram; regulations; action to recover costs incurred by program.

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GENERAL PROVISIONS

NRS 519A.010 Legislativefinding; state policy.

1. The Legislature hereby finds that:

(a) The extraction of minerals by mining is a basic andessential activity making an important contribution to the economy of the Stateof Nevada;

(b) Proper reclamation of mined land, areas ofexploration and former areas of mining or exploration is necessary to preventundesirable land and surface water conditions detrimental to the ecology and tothe general health, welfare, safety and property rights of the residents ofthis state; and

(c) The success of reclamation efforts in this state isdependent upon cooperation among state and federal agencies.

2. The Legislature hereby directs that all agenciesand political subdivisions of the State of Nevada which are involved in orwhose work is related to the administration or enforcement of the provisions ofthis chapter shall cooperate fully with all other state and federal agencies inany related matter.

(Added to NRS by 1989, 1281)

NRS 519A.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS519A.030 to 519A.130, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1989, 1281)

NRS 519A.030 Administratordefined. Administrator means the Administratorof the Division.

(Added to NRS by 1989, 1281)

NRS 519A.040 Affecteddefined. Affected means that the surface ofthe 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)

NRS 519A.050 Commissiondefined. Commission means the StateEnvironmental Commission.

(Added to NRS by 1989, 1281)

NRS 519A.060 Divisiondefined. Division means the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources.

(Added to NRS by 1989, 1281)

NRS 519A.070 Explorationproject defined. Exploration project meansall activities conducted in this state by a person on or beneath the surface ofland for the purpose of, or in connection with, determining the presence,location, extent, depth or grade of any mineral, which affects the surface. Theterm does not include a small exploration project.

(Added to NRS by 1989, 1281)

NRS 519A.080 Miningoperation defined. Mining operation meansall activities conducted in this state by a person on or beneath the surface ofland for the purpose of, or in connection with, the development or extractionof any mineral. The term does not include an aggregate or sand pit or a smallmining operation.

(Added to NRS by 1989, 1282)

NRS 519A.090 Operatordefined. Operator means any person who owns,controls or manages an exploration project or a mining operation.

(Added to NRS by 1989, 1282)

NRS 519A.100 Reclamationdefined. Reclamation means actions performedduring 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, stablecondition consistent with the establishment of a productive postmining use ofthe land and the abandonment of a facility in a manner which ensures the publicsafety, as well as the encouragement of techniques which minimize the adversevisual effects.

(Added to NRS by 1989, 1282)

NRS 519A.110 Smallexploration project defined. Smallexploration project means an exploration project which is limited to a surfacedisturbance of not more than 5 acres in any calendar year. To determine thearea of the surface disturbed, all land disturbed and left unreclaimed by anoperator within a 1-mile radius of the center of the project must beconsidered.

(Added to NRS by 1989, 1282)

NRS 519A.120 Smallmining operation defined. Small mining operationmeans a person who disturbs less than 5 acres of land in any calendar year. Todetermine the area of the surface disturbed, all land disturbed and leftunreclaimed by an operator within a 1-mile radius of the center of the projectmust be considered.

(Added to NRS by 1989, 1282; A 1991, 1944)

NRS 519A.130 Suretydefined. Surety means, but is not limitedto, a trust fund, surety bonds that guarantee performance or payment into atrust fund, letters of credit, insurance, corporate or other guarantees ofperformance, or any combination of these or other forms of security approved bythe Director of the State Department of Conservation and Natural Resources andused to ensure that reclamation will be completed.

(Added to NRS by 1989, 1282)

NRS 519A.140 Dutiesof Division. The Division shall:

1. Administer and enforce the provisions of NRS 519A.010 to 519A.280, inclusive, and the regulationsadopted by the Commission pursuant to NRS519A.160.

2. Employ persons who are experienced and qualified inthe area of reclamation.

3. Enter into a memorandum of understanding with theUnited States Bureau of Land Management and the United States Forest Serviceconcerning the adoption by those agencies of plans of reclamation that:

(a) Apply to mining operations or exploration projectsthat are conducted on a site which includes public land administered by afederal agency and privately owned land; and

(b) Substantially provide for the reclamation andsecurity required by this chapter.

4. Develop and offer to operators on a regular basiseducational workshops that include and emphasize reclamation training andtechniques suitable for small exploration projects and mining operations.

5. Offer advice and technical assistance to operators.

6. Approve, reject or impose conditions upon theapproval of any plan for reclamation for an exploration project or miningoperation.

7. Provide the Division of Minerals of the Commissionon Mineral Resources with a copy of any conditions imposed upon an approvedplan and the security required, on the same day that information is sent to theoperator.

(Added to NRS by 1989, 1282; A 1993, 1686; 1999, 3630)

NRS 519A.150 Powersof Division. The Division may:

1. Conduct or authorize investigations, research,experiments and demonstrations relating to reclamation.

2. Collect and disseminate nonconfidential informationrelating to mining reclamation.

3. Enter into agreements relating to reclamation withother state and federal governmental agencies pursuant to which services relatingto reclamation are provided by the Division or a governmental agency inexchange for other consideration.

4. Receive federal, state or any other money andexpend it to carry out the purposes of NRS519A.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 theadministration or enforcement of the provisions of NRS 519A.010 to 519A.280, inclusive, or any regulationadopted by the Commission pursuant to NRS519A.160.

6. Summon witnesses, administer oaths and require theproduction of pertinent records, books and other documents for examination atany hearing or investigation conducted by it relating to the administration orenforcement of the provisions of NRS519A.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 thename of the State of Nevada against any person whom it finds has violated anyprovision of NRS 519A.010 to 519A.280, inclusive, or any regulationadopted by the Commission pursuant to NRS519A.160, to restrain the person from continuing the violation.

8. Modify any plan for reclamation previously approvedby it if:

(a) Any provision of the plan is in conflict with theprovisions of a specific statute;

(b) Any provision of the plan becomes impossible orimpracticable to implement; or

(c) Any significant problem that was not previouslyconsidered by the Division is discovered to exist which results or may resultfrom reclamation.

9. Suspend or revoke a permit upon a noticed hearingand a finding by the Division that the holder of the permit has violated anyprovision of NRS 519A.010 to 519A.280, inclusive, a plan ofreclamation, any condition placed on a plan of reclamation or any regulationadopted by the Commission pursuant to NRS519A.160.

10. Take any other action reasonable and necessary toenable it to administer or enforce the provisions of NRS 519A.010 to 519A.280, inclusive.

(Added to NRS by 1989, 1283)

NRS 519A.160 Regulationsof Commission. The Commission shall adoptregulations:

1. Establishing reasonable fees, based on the actualcost of administration and enforcement, to be charged by the Division for anapplication for and the issuance of a permit, the rates of which must be set todifferentiate between mining operations located on federal land and thoseoperations on state or private land;

2. Consistent with regulations adopted by the UnitedStates Bureau of Land Management that are contained in Title 43 of the Code ofFederal Regulations and that do not conflict with any provision of this chapteror any other regulation adopted by the Commission pursuant to this section;

3. Setting forth the information required in relationto the mining operation and maps of the area for inclusion in the checklistdeveloped pursuant to NRS 519A.220;

4. Providing for the holding of reclamationperformance bonds or other surety by the State and conditions governing therelease and forfeiture of those bonds or other surety;

5. Providing for a schedule within which reclamationmust be completed;

6. Establishing a schedule of civil penalties for theviolation of NRS 519A.010 to 519A.280, inclusive;

7. Providing for informational filings related toreclamation by small mining operations; and

8. Necessary to enable the Division to carry out theprovisions of NRS 519A.010 to 519A.280, inclusive, and the regulationsadopted by the Commission pursuant to this section.

(Added to NRS by 1989, 1283)

NRS 519A.170 Fees:Disposition; interest. All fees collected bythe Division pursuant to this chapter, including, without limitation, the feesfor an application for and the issuance of a permit, must be deposited with theState Treasurer for credit to the appropriate account of the Division and mustbe used in the administration of NRS519A.010 to 519A.280, inclusive.All interest earned on the money credited pursuant to this section must becredited to the account to which the money was credited.

(Added to NRS by 1989, 1284; A 2003, 347)

EXPLORATION PROJECTS

NRS 519A.180 Permitrequired. A person shall not engage in anexploration project without a valid permit for that purpose issued by theDivision.

(Added to NRS by 1989, 1284)

NRS 519A.190 Applicationfor permit; fee; conditions; bond. A personwho 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 acorporation or other business entity, the name and address of its principalofficers and its resident agent for service of process;

(b) An exploration map or sketch in sufficient detailto enable the Division to locate the area to be explored and to determinewhether significant environmental problems are likely to result;

(c) The kinds of prospecting and excavation techniquesthat will be used in the exploration project; and

(d) Any other information required by the regulationsadopted by the Commission pursuant to NRS519A.160.

2. Pay to the Division the application fee establishedin the regulations adopted by the Commission pursuant to NRS 519A.160.

3. Agree in writing to assume responsibility for thereclamation of any surface area damaged as a result of the exploration project.

4. Not be in default of any other obligation relatingto reclamation pursuant to this chapter.

5. File with the Division a bond or other surety in aform approved by the Administrator and in an amount required by the regulationsadopted by the Commission pursuant to NRS519A.160.

(Added to NRS by 1989, 1284)

MINING OPERATIONS

NRS 519A.200 Permitrequired. A person shall not engage in amining operation without a valid permit for that purpose issued by theDivision.

(Added to NRS by 1989, 1284)

NRS 519A.210 Applicationfor permit; fee; conditions; bond. A personwho 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 conductoperations. The application must include:

(a) The name and address of the applicant and, if acorporation or other business entity, the name and address of its principalofficers and its resident agent for service of process;

(b) A completed checklist developed by the Divisionpursuant to NRS 519A.220; and

(c) Any other information required by the regulations adoptedby the Commission pursuant to NRS 519A.160.

2. Pay to the Division the application fee establishedin the regulations adopted by the Commission pursuant to NRS 519A.160.

3. Agree in writing to assume responsibility for thereclamation of any land damaged as a result of the mining operation.

4. Not be in default of any other obligation relatingto reclamation pursuant to this chapter.

5. File with the Division a bond or other surety in aform and amount required by the regulations adopted by the Commission pursuantto NRS 519A.160.

6. File with the Division of Minerals of theCommission on Mineral Resources a copy of the plan for reclamation which isfiled with the application pursuant to subsection 1, on the same day theapplication is filed with the Division.

(Added to NRS by 1989, 1284; A 1993, 1687; 1999, 3630)

NRS 519A.220 Applicantto complete checklist for permit; contents. TheDivision shall develop a checklist to be completed by applicants for a permitto engage in a mining operation. The information requested by the checklistmust include:

1. Information relating to the plan for reclamation,including:

(a) The proposed subsequent use of the land after themining operation is completed;

(b) The proposed schedule of reclamation that will befollowed;

(c) The proposed topography of the land after themining operation is completed;

(d) The treatment of slopes created or affected by themining operation;

(e) The proposed use of impoundments;

(f) The kinds of access roads to be built and themanner of reclamation of road sites;

(g) The methods of drainage that will be used duringthe mining operation and reclamation;

(h) The revegetation of the land;

(i) The monitoring and maintenance of the reclaimedland that will be performed by the operator;

(j) The reclamation that will be necessary as a resultof instream mining;

(k) The effect that reclamation will have on futuremining in that area; and

(l) The effect of the reclamation on public safety.

2. Information relating to the mining operation andmaps of the area which is required by the regulations adopted by the Commissionpursuant to NRS 519A.160.

3. Other information as requested by the Administratorwhich he determines is pertinent to the reclamation activities of the miningoperation.

(Added to NRS by 1989, 1285)

PLAN FOR RECLAMATION

NRS 519A.230 Provisionsof plan for reclamation; exceptions.

1. A plan for reclamation must provide:

(a) That reclamation activities, particularly thoserelating to the control of erosion, must be conducted simultaneously with themining operation to the extent practicable, and otherwise must be initiatedpromptly upon the completion or abandonment of the mining operation in any areathat will not be subject to further disturbance. Reclamation activities must becompleted within the time set by the regulations adopted by the Commissionpursuant to NRS 519A.160.

(b) For vegetative cover if appropriate to the futureuse of the land.

(c) For the reclamation of all land disturbed by theexploration project or mining operation to a stability comparable to that ofadjacent areas.

2. The operator may request the Division to grant anexception for open pits and rock faces which may not be feasible to reclaim. Ifan exception is granted, the Division shall require the operator to takesufficient measures to ensure public safety.

3. Except in the case of an emergency, an operatorshall not depart from an approved plan for reclamation without prior writtenapproval from the Division.

4. Reclamation activities must be economically andtechnologically practicable in achieving a safe and stable condition suitablefor the use of the land.

(Added to NRS by 1989, 1285)

NRS 519A.240 Effectof compliance with federal plan of operations. Ifa mining operation or exploration project is conducted on land administered bya federal agency, an approved federal plan of operations and a surety that areconsistent with the requirements of this chapter supersede the requirements fora permit and bond or other surety otherwise required by this chapter. If themining operation or exploration project is conducted on a site which includesboth public land and privately owned land, compliance with the federal plansuffices if that plan substantially provides for the reclamation and bond orother surety required by this chapter. Nothing in this section affects therequirement for a permit set forth in NRS519A.180 or 519A.200 or therequired payment of fees set forth in NRS519A.160 or 519A.260.

(Added to NRS by 1989, 1286; A 1991, 201)

NRS 519A.250 Operatorto provide Division of Minerals copy of filing of plan of operation or amendedplan of operation; fee; refunds; use of money collected; Division to filereport with Governor and Legislature.

1. An operator who is required by federal law to filea plan of operation or an amended plan of operation with the United StatesBureau of Land Management or the United States Forest Service for operationsrelating to mining or exploration on public land administered by a federalagency, shall, not later than 30 days after the approval of the plan or amendedplan, provide the Division of Minerals of the Commission on Mineral Resourceswith a copy of the filing and pay to the Division of Minerals a fee in anamount established pursuant to subsection 5 for each acre or part of an acre ofland to be disturbed by mining included in the plan or incremental acres to bedisturbed pursuant to an amended plan.

2. The Division of Minerals shall adopt by regulationa method of refunding a portion of the fee required by this section if a planof operation is amended to reduce the number of acres or part of an acre to bedisturbed pursuant to the amended plan. The refund must be based on the reducednumber of acres or part of an acre to be disturbed.

3. All money received by the Division of Minerals pursuantto subsection 1 must be accounted for separately and used by the Division ofMinerals to create and administer programs for:

(a) The abatement of hazardous conditions existing atabandoned mine sites which have been identified and ranked pursuant to thedegree of hazard established by regulations adopted by the Division ofMinerals; and

(b) The education of the members of the general publicconcerning the dangers of the hazardous conditions described in paragraph (a).

All interestand income earned on the money in the account, after deducting applicablecharges, must be deposited in the Account for the Division of Minerals createdpursuant 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 theLegislature describing its activities, total revenues and expenditures pursuantto this section.

5. The Commission on Mineral Resources shall, byregulation, establish the fee required pursuant to subsection 1 in an amountnot 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)

NRS 519A.260 Annualsubmission of reports and payment of fees by operator; disposition of moneyreceived.

1. Each operator shall, on or before April 15 of eachyear, submit to the Administrator a report relating to the status andproduction of all mining operations and exploration projects in which he has engagedand identifying each acre of land affected and land reclaimed by that miningoperation or exploration project through the preceding calendar year, and shallpay to the Division a fee of:

(a) One dollar and fifty cents for each acre of publicland administered by a federal agency; and

(b) Five dollars and fifty cents for each acre ofprivately owned land,

which hasbeen disturbed by mining operations or exploration projects engaged in by theoperator and not reclaimed.

2. All money received by the State Treasurer pursuantto paragraph (a) of subsection 1 together with three-elevenths of all moneyreceived by the State Treasurer pursuant to paragraph (b) of subsection 1, upto a maximum of $100,000 annually, must be distributed directly to the Bureauof Mines and Geology of the State of Nevada to be used to carry out theprovisions of NRS 514.060. Any money inexcess of the maximum and the balance collected pursuant to paragraph (b) ofsubsection 1 must be credited to the appropriate account for the Division andused to administer the provisions of this chapter.

(Added to NRS by 1989, 1287; A 1991, 201)

VIOLATIONS AND PENALTIES

NRS 519A.270 Noticeof noncompliance; method of service; contents; hearing. If the Division has reason to believe that any provisionof NRS 519A.010 to 519A.280, inclusive, a plan forreclamation, any condition placed on a plan for reclamation or any regulationadopted by the Commission pursuant to NRS519A.160, has been violated, the Division shall serve a notice ofnoncompliance upon the holder of the permit. The notice must:

1. Be served personally or by registered mailaddressed to the holder of the permit at his address as shown on the records ofthe Division;

2. Specify each violation; and

3. Set a date and time for a hearing and inform theperson that his permit may be suspended or revoked and his bond or other suretyforfeited upon completion of the hearing or if he fails to attend the hearing.

(Added to NRS by 1989, 1287)

NRS 519A.280 Penalties;disposition of money.

1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person whoviolates any provision of NRS 519A.010to 519A.280, inclusive, or anyregulation adopted by the Commission pursuant to NRS 519A.160, is guilty of a misdemeanorand, in addition to any criminal penalty, is subject to a civil penalty imposedby the Division at a hearing for which notice has been given, in an amount determinedpursuant to the schedule adopted by the Commission pursuant to NRS 519A.160.

2. Any money received by the Division pursuant tosubsection 1 must be deposited with the State Treasurer for credit to theappropriate account of the Division. All interest earned on the money creditedpursuant to this section must be credited to the account to which the money wascredited.

(Added to NRS by 1989, 1287; A 1997, 1081; 2003, 347)

PROGRAM FOR THE POOLING OF RECLAMATION PERFORMANCE BONDS

NRS 519A.290 Developmentand administration of program by Division of Minerals; requirements forprogram; regulations; action to recover costs incurred by program.

1. The Division of Minerals of the Commission onMineral Resources shall develop and administer a program providing for thepooling of reclamation performance bonds to assist:

(a) An operator to comply with the bonding and suretyrequirements of this chapter;

(b) A person who engages in small mining operations orsmall exploration projects to comply with the requirements for financialguarantees set forth in the regulations adopted pursuant to 43 U.S.C. 1740; or

(c) A person who engages in mining operations, smallmining operations, exploration projects or small exploration projects to complywith the bonding requirements imposed pursuant to an ordinance adopted by acounty in this state.

2. The program must:

(a) Be designed to reduce the financial burden ofobtaining a reclamation performance bond for mining operations, small miningoperations, exploration projects or small exploration projects;

(b) Require each operator or any other person whoparticipates in the program to:

(1) Pay an amount into the pool each year whichannually is actuarially determined to enable the program to be self-sustaining;

(2) Execute an agreement of indemnity on a formprovided by the Division of Minerals; and

(3) Provide collateral or other securityapproved by the Administrator of the Division of Minerals if the Administratorconsiders it necessary to ensure against the forfeiture of a reclamationperformance bond;

(c) Use the money in the pool to cover the bondedliability of the operators and any other persons who participate in theprogram;

(d) Provide a limit on the total bonded liability ofany person who may be covered under the program; and

(e) Provide conditions for the release and forfeitureof bonds.

3. The Division of Minerals shall adopt regulationsrelating to the development and administration of the program.

4. If the reclamation performance bond of an operatoror any other person who participates in the program is forfeited, the AttorneyGeneral may bring an action in the name of the State of Nevada in any court ofcompetent jurisdiction against the operator or such other person to recover thecosts incurred by the program in the reclamation of the land.

(Added to NRS by 1989, 1287; A 1993, 1688; 1997, 910;1999, 3631)

 

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