Operator required to provide Division of Minerals copy of filing of plan of operation or amended plan submitted to federal agency; fee; refund for reduction of acres disturbed; biennial report by Division of Minerals; regulations.

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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 the approval of the plan or amended plan, provide the Division of Minerals of the Commission on Mineral Resources with a copy of the filing and pay to the Division of Minerals a fee 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 members of the general 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 created pursuant to NRS 513.103.

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.

(Added to NRS by 1989, 1286; A 1989, 2063; 1991, 1780; 1993, 210, 211, 1687; 1995, 511; 1999, 891, 3631; 2001, 66)


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