Assembly Bill No. 79–Assemblymen Dini, Neighbors, Carpenter, Price, Anderson, de Braga, Gibbons, Humke, Marvel and Perkins

February 9, 2001

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Referred to Committee on Natural Resources, Agriculture, and Mining

SUMMARY—Revises provisions governing issuance of permits for exploration projects and mining operations. (BDR 46‑1108)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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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 mining; providing for the issuance of interim permits to engage in an exploration project or mining operation; 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. Chapter 519A of NRS is hereby amended by adding

1-2 thereto the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. “Permit” means a permit authorized by the provisions of this

1-4 chapter. The term includes an interim permit described in section 3 of

1-5 this act.

1-6 Sec. 3. 1. Within 15 days after the division receives an application

1-7 for a permit pursuant to the provisions of NRS 519A.190 or 519A.210,

1-8 the division shall review the application and notify the applicant if any

1-9 additional information is required to complete the application. The notice

1-10 must state the additional information that is required.

1-11 2. If an applicant provides additional information to the division to

1-12 complete an application pursuant to the provisions of subsection 1, the

1-13 division shall, within 15 days after receiving the additional information,

1-14 notify the applicant if more additional information is required. The

1-15 notice must state the additional information that is required.

1-16 3. An applicant who submits to the division an application specified

1-17 in subsection 1 shall be deemed to have been issued an interim permit if:

1-18 (a) The division fails to approve or deny an application specified in

1-19 subsection 1 within 30 days after the division receives it; and

2-1 (b) The applicant has filed with the division a bond or other surety in

2-2 accordance with the provisions of:

2-3 (1) Subsection 5 of NRS 519A.190, if the application is for a permit

2-4 to engage in an exploration project; or

2-5 (2) Subsection 5 of NRS 519A.210, if the application is for a permit

2-6 to engage in a mining operation.

2-7 4. Except as otherwise provided in subsection 5, an applicant who is

2-8 deemed to have been issued an interim permit pursuant to subsection 3 is

2-9 authorized to engage in the exploration project or mining operation for

2-10 which he submitted his application, in the same manner and under the

2-11 same conditions as if the division had approved his application and

2-12 issued a permit, from the 31st day after the application was received by

2-13 the division or the date on which the requirements of paragraph (b) of

2-14 subsection 3 are satisfied, whichever is later, until the division approves

2-15 or denies the application.

2-16 5. If an applicant fails to provide additional information requested by

2-17 the division within 15 days after he receives the request for additional

2-18 information from the division, any interim permit deemed to have been

2-19 issued to him for the project or operation to which the additional

2-20 information applies is suspended from the 16th day after he receives the

2-21 request for additional information until the division receives the

2-22 additional information.

2-23 6. Any notice provided by the division to an applicant and any

2-24 information provided by the applicant to the division pursuant to the

2-25 provisions of this section must be served personally or by certified mail,

2-26 return receipt requested.

2-27 7. The division shall not impose a fee for an interim permit described

2-28 in this section.

2-29 Sec. 4. NRS 519A.020 is hereby amended to read as follows:

2-30 519A.020 As used in this chapter, unless the context otherwise

2-31 requires, the words and terms defined in NRS 519A.030 to 519A.130,

2-32 inclusive, and section 2 of this act have the meanings ascribed to them in

2-33 those sections.

2-34 Sec. 5. This act becomes effective on July 1, 2001.

2-35 H