Assembly Bill No. 450–Committee on Natural Resources, Agriculture, and Mining
(On Behalf of Budget Division)
March 10, 1999
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Referred to Committee on Natural Resources,
Agriculture, and Mining
SUMMARY—Revises provisions governing certain fees imposed for support of division of minerals of department of business and industry. (BDR 46-1584)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 513.094 is hereby amended to read as follows: 513.094 1. An additional fee1-3
established pursuant to subsection 4, is imposed upon all filings to which1-4
NRS 517.185 applies. Each county recorder shall collect and pay over the1-5
additional fee, and the additional fee must be deposited in the same manner1-6
as provided in that section.1-7
2. The administrator shall, within the limits of the money provided by1-8
this fee, establish a program to discover dangerous conditions that result1-9
from mining practices which took place at a mine that is no longer1-10
operating, identify if feasible the owner or other person responsible for the1-11
condition, and rank the conditions found in descending order of danger.1-12
1-13
more often if the danger discovered warrants, inform each board of county1-14
commissioners concerning the dangerous conditions found in the respective2-1
counties, including their degree of danger relative to one another and to2-2
such conditions found in the state as a whole.2-3
addition, the administrator shall work to educate the public to recognize2-4
and avoid those hazards resulting from mining practices which took place2-5
at a mine that is no longer operating.2-6
3. To carry out this program and these duties, the administrator shall2-7
employ a qualified assistant, who must be in the unclassified service of the2-8
state and whose position is in addition to the unclassified positions2-9
otherwise authorized in the division by statute.2-10
4. The commission shall2-11
(a) The fee required pursuant to subsection 1, in an amount not to2-12
exceed $4 per claim.2-13
(b) Standards for determining which conditions created by the2-14
abandonment of a former mine or its associated works constitute a danger2-15
to persons or animals and for determining the relative degree of danger. A2-16
condition whose existence violates a federal or state statute or regulation2-17
intended to protect public health or safety is a danger by virtue of that2-18
violation.2-19
2-20
including, but not limited to, standards for excluding persons and animals2-21
from dangerous open excavations.2-22
Sec. 2. NRS 517.185 is hereby amended to read as follows: 517.185 1. In addition to any recording fee, each filing pursuant to2-24
NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.2302-25
must be submitted with a filing fee2-26
established pursuant to subsection 2. The county recorder shall collect the2-27
filing fee and, on or before the fifth working day of each month, deposit2-28
with the county treasurer all such fees collected during the preceding2-29
month. The county treasurer shall quarterly pay the money collected to the2-30
division of minerals of the department of business and industry. The2-31
division shall deposit with the state treasurer, for credit to the account for2-32
the division of minerals, all money received pursuant to this section.2-33
2. The commission on mineral resources shall, by regulation,2-34
establish the filing fee required pursuant to subsection 1 in an amount2-35
not to exceed $6 per claim.2-36
Sec. 3. NRS 519A.250 is hereby amended to read as follows: 519A.250 1. An operator who is required by federal law to file a plan2-38
of operation or an amended plan of operation with the United States Bureau2-39
of Land Management or the United States Forest Service for operations2-40
relating to mining or exploration on public land administered by a federal2-41
agency, shall, not later than 30 days after approval of the plan or amended2-42
plan, provide the division of minerals of the department of business and2-43
industry with a copy of the filing and pay to the division of minerals a fee3-1
3-2
or part of an acre of land to be disturbed by mining included in the plan or3-3
incremental acres to be disturbed pursuant to an amended plan.3-4
2. The division of minerals shall adopt by regulation a method of3-5
refunding a portion of the fee required by this section if a plan of operation3-6
is amended to reduce the number of acres or part of an acre to be disturbed3-7
pursuant to the amended plan. The refund must be based on the reduced3-8
number of acres or part of an acre to be disturbed.3-9
3. All money received by the division of minerals pursuant to3-10
subsection 1 must be accounted for separately and used by the division of3-11
minerals to create and administer programs for:3-12
(a) The abatement of hazardous conditions existing at abandoned mine3-13
sites which have been identified and ranked pursuant to the degree of3-14
hazard established by regulations adopted by the division of minerals; and3-15
(b) The education of the public concerning the dangers of the hazardous3-16
conditions described in paragraph (a).3-17
All interest and income earned on the money in the account, after deducting3-18
applicable charges, must be deposited in the account for the division of3-19
minerals.3-20
4. On or before February 1 of each odd-numbered year, the division of3-21
minerals shall file a report with the governor and the legislature describing3-22
its activities, total revenues and expenditures pursuant to this section.3-23
5. The commission on mineral resources shall, by regulation,3-24
establish the fee required pursuant to subsection 1 in an amount not to3-25
exceed $30 per acre.3-26
Sec. 4. NRS 522.050 is hereby amended to read as follows: 522.050 1. A person desiring to drill a well in search of oil or gas3-28
shall notify the division of that intent on a form prescribed by the division3-29
and shall pay a fee3-30
subsection 2 for a permit for each well. Upon receipt of notification and3-31
fee, the division shall promptly issue such a person a permit to drill, unless3-32
the drilling of the well is contrary to law or a regulation or order of the3-33
division. The drilling of a well is prohibited until a permit to drill is3-34
obtained in accordance with the provisions of this chapter.3-35
2. The commission on mineral resources shall, by regulation,3-36
establish the fee required pursuant to subsection 1 in an amount not to3-37
exceed $200 per permit.3-38
Sec. 5. NRS 522.150 is hereby amended to read as follows: 522.150 1. Any expenses in connection with Nevada’s affiliation3-40
with the Interstate Oil Compact Commission must be paid from the account3-41
for the division of minerals.3-42
2. To pay the expenses of the division, every producer of oil or natural3-43
gas in this state shall on or before the last day of each month report to the4-1
division and to the state treasurer his production in this state of oil in4-2
barrels and of natural gas in thousands of cubic feet during the preceding4-3
month, and at the same time shall pay to the division an administrative fee4-4
in an amount established pursuant to subsection 3 on each barrel of oil4-5
and on every 50,000 cubic feet of natural gas produced and marketed by4-6
him during the preceding month. The division shall deposit with the state4-7
treasurer, for credit to the account for the division of minerals, all money4-8
received pursuant to this subsection. Every person purchasing such oil or4-9
natural gas is liable for the payment of the administrative fee per barrel of4-10
oil or per 50,000 cubic feet of natural gas, unless it has been paid by the4-11
producer.4-12
3. The commission on mineral resources shall, by regulation,4-13
establish the administrative fee required pursuant to subsection 2 in an4-14
amount not to exceed 20 cents per barrel of oil or per 50,000 cubic feet of4-15
natural gas.4-16
Sec. 6. Notwithstanding the amendatory provisions of sections 1 to 5,4-17
inclusive, of this act, until the effective date of the regulations adopted by4-18
the commission on mineral resources pursuant to those sections, the amount4-19
of:4-20
1. The fee required pursuant to NRS 513.094 is $1 per claim.4-21
2. The filing fee required pursuant to NRS 517.185 is $1.50 per claim.4-22
3. The fee required pursuant to NRS 519A.250 is $20 per acre.4-23
4. The fee required pursuant to NRS 522.050 is $50 per permit.4-24
5. The administrative fee required pursuant to NRS 522.150 is 50 mills4-25
per barrel of oil or per 50,000 cubic feet of natural gas.4-26
Sec. 7. This act becomes effective on July 1, 1999.~