[Rev. 11/21/2013 12:16:17 PM--2013]

CHAPTER 513 - COMMISSION ON MINERAL RESOURCES

GENERAL PROVISIONS

NRS 513.011           Definitions.

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

NRS 513.025           Composition.

NRS 513.033           Compensation of 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           Encouragement of exploration; collection and dissemination of educational information; maintenance of register of operations; record of annual production; administration of chapter 522 of NRS and regulations of Commission.

NRS 513.075           Suggested forms for required documents; regulations to ensure conformance in preparation of certain maps.

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

NRS 513.093           Administrator: Duties.

NRS 513.094           Additional fee; Administrator to establish program to discover dangerous conditions of nonoperating mines; employment of qualified assistant; regulations.

NRS 513.103           Account for the Division of Minerals: Creation; sources, lapse and use of money in Account.

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

NRS 513.113           Assistance from state agencies.

_________

_________

GENERAL PROVISIONS

      NRS 513.011  Definitions.  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)

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

      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)

      NRS 513.025  Composition.  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)

      NRS 513.033  Compensation of members.

      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)

      NRS 513.043  Officers.

      1.  The members of the Commission shall select a Chair 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)

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

      1.  The Commission shall meet at such times and at such places as is specified by the call of the Chair 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 Chair 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)

      NRS 513.063  Duties.  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, the Mining Oversight and Accountability Commission created by NRS 514A.040 and the Legislature on all matters which it may deem pertinent to the Division, and concerning any specific matters previously requested by the Governor or the Mining Oversight and Accountability Commission.

      3.  Advise and make recommendations to the Governor, the Mining Oversight and Accountability Commission 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; 2011, 2698)

DIVISION OF MINERALS

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

      NRS 513.075  Suggested forms for required documents; regulations to ensure conformance in preparation of certain maps.  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)

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

      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 or her entire time and attention to the Administrator’s 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)

      NRS 513.093  Administrator: Duties.  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 attend each regular meeting of the Mining Oversight and Accountability Commission created by NRS 514A.040 and each special meeting if requested by the Chair of that Commission and:

      (a) Report to the Mining Oversight and Accountability Commission on the activities of the Division undertaken since the Division’s previous report, including, without limitation, an accounting of any fees or fines imposed or collected;

      (b) The current condition of mining and of exploration for and production of oil, gas and geothermal energy in the State; and

      (c) Provide any technical information required by the Mining Oversight and Accountability Commission during the course of the meeting.

      (Added to NRS by 1983, 2069; A 1993, 1683; 2011, 2699; 2013, 1631)

      NRS 513.094  Additional fee; Administrator to establish program to discover dangerous conditions of nonoperating mines; employment of qualified assistant; regulations.

      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)

      NRS 513.103  Account for the Division of Minerals: Creation; sources, lapse and use of money in Account.

      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)

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

      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)

      NRS 513.113  Assistance from state agencies.  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)