Amendment No. 310

Assembly Amendment to Assembly Bill No. 450 (BDR 46-1584)

Proposed by: Committee on Natural Resources, Agriculture, and Mining

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1. NRS 513.094 is hereby amended to read as follows:

513.094 1. An additional fee [of $1 per claim] , 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. [He] 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 such conditions found in the state as a whole. [He shall further] 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 [provide] establish by regulation:

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

(b) Standards for determining which conditions created by the abandonment of a former mine or its associated works 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 by virtue of that violation.

[(b)] (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.".

Amend section 1, page 1, line 13, by deleting "1." and inserting:

"1 in an amount not to exceed $6 per claim.".

Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 3 and 4, following section 1, to read as follows:

"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 plan of operation or an amended plan of operation with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, provide the division of minerals of the department of business and industry with a copy of the filing and pay to the division of minerals a fee [of $20] in an amount established pursuant to subsection 5 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed pursuant to an amended plan.

2. The division of minerals shall adopt by regulation a method of refunding a portion of the fee required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed pursuant to the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.

3. All money received by the division of minerals pursuant to subsection 1 must be accounted for separately and used by the division of minerals to create and administer programs for:

(a) The abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division of minerals; and

(b) The education of the public concerning the dangers of the hazardous conditions described in paragraph (a).

All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the division of minerals.

4. On or before February 1 of each odd-numbered year, the division of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.

5. The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $30 per acre.

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 gas shall notify the division of that intent on a form prescribed by the division and shall pay a fee [of $50] in an amount established pursuant to subsection 2 for a permit for each well. Upon receipt of notification and fee, the division shall promptly issue such a person a permit to drill, unless the drilling of the well is contrary to law or a regulation or order of the division. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.

2. The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $200 per permit.".

Amend sec. 2, page 2, by deleting lines 17 through 20 and inserting:

"producer. [The administrative fee is 50 mills]

3. The commission on mineral resources shall, by regulation, establish the administrative fee required pursuant to subsection 2 in an amount not to exceed 20 cents per barrel of oil or per 50,000 cubic feet of natural gas.".

Amend sec. 3, page 2, line 21, by deleting "and 2" and inserting:

"to 5, inclusive,".

Amend sec. 3, page 2, by deleting lines 24 through 26 and inserting:

"1. The fee required pursuant to NRS 513.094 is $1 per claim.

2. The filing fee required pursuant to NRS 517.185 is $1.50 per claim.

3. The fee required pursuant to NRS 519A.250 is $20 per acre.

4. The fee required pursuant to NRS 522.050 is $50 per permit.

5. The administrative fee required pursuant to NRS 522.150 is 50 mills".

Amend the title of the bill, third line, by deleting "division;" and inserting:

"division and for certain programs of the division;".