Assembly Bill No. 450–Committee on Natural Resources, Agriculture, and Mining

(On Behalf of Budget Division)

March 10, 1999

____________

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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the division of minerals of the department of business and industry; requiring the commission on mineral resources to adopt regulations establishing the amount of certain fees imposed for the support of the division and for certain programs of the division; and providing other matters properly relating thereto.

 

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:

1-2 513.094 1. An additional fee [of $1 per claim] , in an amount

1-3 established pursuant to subsection 4, is imposed upon all filings to which

1-4 NRS 517.185 applies. Each county recorder shall collect and pay over the

1-5 additional fee, and the additional fee must be deposited in the same manner

1-6 as provided in that section.

1-7 2. The administrator shall, within the limits of the money provided by

1-8 this fee, establish a program to discover dangerous conditions that result

1-9 from mining practices which took place at a mine that is no longer

1-10 operating, identify if feasible the owner or other person responsible for the

1-11 condition, and rank the conditions found in descending order of danger.

1-12 [He] The administrator shall annually during the month of January, or

1-13 more often if the danger discovered warrants, inform each board of county

1-14 commissioners concerning the dangerous conditions found in the respective

2-1 counties, including their degree of danger relative to one another and to

2-2 such conditions found in the state as a whole. [He shall further] In

2-3 addition, the administrator shall work to educate the public to recognize

2-4 and avoid those hazards resulting from mining practices which took place

2-5 at a mine that is no longer operating.

2-6 3. To carry out this program and these duties, the administrator shall

2-7 employ a qualified assistant, who must be in the unclassified service of the

2-8 state and whose position is in addition to the unclassified positions

2-9 otherwise authorized in the division by statute.

2-10 4. The commission shall [provide] establish by regulation:

2-11 (a) The fee required pursuant to subsection 1, in an amount not to

2-12 exceed $4 per claim.

2-13 (b) Standards for determining which conditions created by the

2-14 abandonment of a former mine or its associated works constitute a danger

2-15 to persons or animals and for determining the relative degree of danger. A

2-16 condition whose existence violates a federal or state statute or regulation

2-17 intended to protect public health or safety is a danger by virtue of that

2-18 violation.

2-19 [(b)] (c) Standards for abating the kinds of dangers usually found,

2-20 including, but not limited to, standards for excluding persons and animals

2-21 from dangerous open excavations.

2-22 Sec. 2. NRS 517.185 is hereby amended to read as follows:

2-23 517.185 1. In addition to any recording fee, each filing pursuant to

2-24 NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230

2-25 must be submitted with a filing fee [of $1.50 per claim.] in an amount

2-26 established pursuant to subsection 2. The county recorder shall collect the

2-27 filing fee and, on or before the fifth working day of each month, deposit

2-28 with the county treasurer all such fees collected during the preceding

2-29 month. The county treasurer shall quarterly pay the money collected to the

2-30 division of minerals of the department of business and industry. The

2-31 division shall deposit with the state treasurer, for credit to the account for

2-32 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 amount

2-35 not to exceed $6 per claim.

2-36 Sec. 3. NRS 519A.250 is hereby amended to read as follows:

2-37 519A.250 1. An operator who is required by federal law to file a plan

2-38 of operation or an amended plan of operation with the United States Bureau

2-39 of Land Management or the United States Forest Service for operations

2-40 relating to mining or exploration on public land administered by a federal

2-41 agency, shall, not later than 30 days after approval of the plan or amended

2-42 plan, provide the division of minerals of the department of business and

2-43 industry with a copy of the filing and pay to the division of minerals a fee

3-1 [of $20] in an amount established pursuant to subsection 5 for each acre

3-2 or part of an acre of land to be disturbed by mining included in the plan or

3-3 incremental acres to be disturbed pursuant to an amended plan.

3-4 2. The division of minerals shall adopt by regulation a method of

3-5 refunding a portion of the fee required by this section if a plan of operation

3-6 is amended to reduce the number of acres or part of an acre to be disturbed

3-7 pursuant to the amended plan. The refund must be based on the reduced

3-8 number of acres or part of an acre to be disturbed.

3-9 3. All money received by the division of minerals pursuant to

3-10 subsection 1 must be accounted for separately and used by the division of

3-11 minerals to create and administer programs for:

3-12 (a) The abatement of hazardous conditions existing at abandoned mine

3-13 sites which have been identified and ranked pursuant to the degree of

3-14 hazard established by regulations adopted by the division of minerals; and

3-15 (b) The education of the public concerning the dangers of the hazardous

3-16 conditions described in paragraph (a).

3-17 All interest and income earned on the money in the account, after deducting

3-18 applicable charges, must be deposited in the account for the division of

3-19 minerals.

3-20 4. On or before February 1 of each odd-numbered year, the division of

3-21 minerals shall file a report with the governor and the legislature describing

3-22 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 to

3-25 exceed $30 per acre.

3-26 Sec. 4. NRS 522.050 is hereby amended to read as follows:

3-27 522.050 1. A person desiring to drill a well in search of oil or gas

3-28 shall notify the division of that intent on a form prescribed by the division

3-29 and shall pay a fee [of $50] in an amount established pursuant to

3-30 subsection 2 for a permit for each well. Upon receipt of notification and

3-31 fee, the division shall promptly issue such a person a permit to drill, unless

3-32 the drilling of the well is contrary to law or a regulation or order of the

3-33 division. The drilling of a well is prohibited until a permit to drill is

3-34 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 to

3-37 exceed $200 per permit.

3-38 Sec. 5. NRS 522.150 is hereby amended to read as follows:

3-39 522.150 1. Any expenses in connection with Nevada’s affiliation

3-40 with the Interstate Oil Compact Commission must be paid from the account

3-41 for the division of minerals.

3-42 2. To pay the expenses of the division, every producer of oil or natural

3-43 gas in this state shall on or before the last day of each month report to the

4-1 division and to the state treasurer his production in this state of oil in

4-2 barrels and of natural gas in thousands of cubic feet during the preceding

4-3 month, and at the same time shall pay to the division an administrative fee

4-4 in an amount established pursuant to subsection 3 on each barrel of oil

4-5 and on every 50,000 cubic feet of natural gas produced and marketed by

4-6 him during the preceding month. The division shall deposit with the state

4-7 treasurer, for credit to the account for the division of minerals, all money

4-8 received pursuant to this subsection. Every person purchasing such oil or

4-9 natural gas is liable for the payment of the administrative fee per barrel of

4-10 oil or per 50,000 cubic feet of natural gas, unless it has been paid by the

4-11 producer. [The administrative fee is 50 mills]

4-12 3. The commission on mineral resources shall, by regulation,

4-13 establish the administrative fee required pursuant to subsection 2 in an

4-14 amount not to exceed 20 cents per barrel of oil or per 50,000 cubic feet of

4-15 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 by

4-18 the commission on mineral resources pursuant to those sections, the amount

4-19 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 mills

4-25 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.

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