Section 519A.210 - Application for permit: Contents; fee; conditions; bond; grounds for denial; issuance1. A person who desires to engage in a mining operation must: (a) File with the Division, upon a form approved by it, an application for a permit for each location at which the person will conduct operations. The application must include: (1) The name and address of the applicant and, if the applicant is a corporation or other business entity: (I) The name and address of each person who has a controlling interest in the corporation or business entity; and(II) The name and address of the registered agent of the corporation or business entity for service of process;(2) A completed checklist developed by the Division pursuant to NRS 519A.220;(3) An affidavit stating whether or not the applicant and, if applicable, each person who has a controlling interest in the corporation or business entity is in good standing with all agencies of other states and federal agencies in relation to the reclamation of mining operations outside of this State; and(4) Any other information required by the regulations adopted by the Commission pursuant to NRS 519A.160.(b) Pay to the Division the application fee established in the regulations adopted by the Commission pursuant to NRS 519A.160.(c) Agree in writing to assume responsibility for the reclamation of any land damaged as a result of the mining operation.(d) File with the Division a bond or other surety in a form and amount required by the regulations adopted by the Commission pursuant to NRS 519A.160.(e) File with the Division of Minerals of the Commission on Mineral Resources a copy of the plan for reclamation which is filed with the application pursuant to paragraph (a), on the same day the application is filed with the Division.2. Except as otherwise provided in subsections 3 and 4, the Division shall not issue a permit to engage in a mining operation pursuant to this section to an applicant if: (a) The applicant has defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280;(b) For an applicant who is a corporation or other business entity, any person who has a controlling interest in the corporation or business entity has or previously had a controlling interest in another corporation or business entity that defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280; or(c) The applicant or, if the applicant is a corporation or other business entity, a person who has a controlling interest in the corporation or business entity is not in good standing with an agency of another state or a federal agency in relation to the reclamation of a mining operation outside of this State.3. The Division may issue a permit to engage in a mining operation pursuant to this section to an applicant described in paragraph (a) or (b) of subsection 2 if the applicant: (a) Pays to the Division the full amount of the defaulted obligation described in paragraph (a) or (b) of subsection 2, as applicable, or provides evidence of satisfaction of that defaulted obligation; and(b) Demonstrates to the Division that any conditions which led to the default have been remedied and that such conditions no longer exist.4. The Division may issue a permit to engage in a mining operation pursuant to this section to an applicant described in paragraph (c) of subsection 2 if the applicant demonstrates to the Division that the applicant or person who has a controlling interest in the corporation or business entity has remedied all issues related to the reclamation of the mining operation outside of this State and becomes in good standing with all agencies of the other state and federal agencies in relation to the reclamation of the mining operation.5. As used in this section, "person who has a controlling interest" means: (a) The president, secretary, treasurer or equivalent thereof of the corporation or business entity;(b) A partner, director or trustee of the corporation or business entity; or(c) A person who, directly or indirectly, possesses the power to direct the management or determine the policy of the corporation or business entity resulting from, without limitation, his or her ownership of voting stock in the corporation or business entity, a contract or any other circumstance. The term does not include a person designated to act as a proxy, including, without limitation, an agent, bank, broker, nominee or custodian, for one or more persons who own voting stock unless the proxy otherwise has the power to direct the management or determine the policy of the corporation or business entity.
Added to NRS by 1989, 1284; A 1993, 1687; 1999, 3630; 2007, 2721; 2021, 2340Amended by 2021, Ch. 385,§2, eff. 4/1/2022.Added to NRS by 1989, 1284; A 1993, 1687; 1999, 3630; 2007, 2721