Existing law requires a person who applies for a permit for a mining operation to file a plan for reclamation with the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (NRS 519A.210) Section 4 of this bill requires that if an open pit will be excavated below the premining water table, a plan for reclamation must, with certain exceptions, provide for the backfilling of the open pit to a level where no pit lake will form and no seasonal or permanent wetland will exist. Section 2 of this bill defines “pit lake.” Section 4 also provides that an operator may apply to the Division for an exception from this requirement. Section 6 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes. Sections 14 and 15 of this bill make conforming changes to indicate that certain provisions governing violations and penalties relating to a plan for reclamation are applicable to the provisions of sections 2 and 4. Under existing law, a person who submits an application to engage in an exploration project or mining operation must agree to assume responsibility for the reclamation of any surface area or land, respectively, damaged as a result of the exploration project or mining operation. (NRS 519A.190, 519A.210) Sections 9 and 10 of this bill require such a person to also agree to assume responsibility for the reclamation of any surface water and groundwater affected as a result of the exploration project or mining operation. Section 12 of this bill requires a plan for reclamation to provide for the reclamation and restoration of affected surface water and groundwater. Section 7 of this bill revises the definition of the term “affected” to include surface water and groundwater that is or will be used or disturbed by mining. Section 8 of this bill revises the definition of the term “reclamation” to include actions performed during or after an exploration project or mining operation relating to surface water and groundwater. Existing law requires the Division to develop a checklist to be completed by applicants for a permit to engage in a mining operation, which must include certain information relating to the plan for reclamation. (NRS 519A.220) Section 11 of this bill requires the information relating to the plan for reclamation on the checklist to include: (1) the proposed subsequent use of any pit lake after the mining operation is completed; and (2) the monitoring and restoration of affected surface water and groundwater that will be performed by the operator. Existing law authorizes an operator of a mining operation to request that the Division grant an exception from reclamation requirements for open pits and rock faces which may not be feasible to reclaim. (NRS 519A.230) Section 12 provides that an operator may request an exception for open pits and rock faces only if no pit lake is anticipated to result from the mining operation. Existing law requires each operator of a mining operation or exploration project to submit an annual report to the Administrator of the Division relating to the status and production of all mining operations and exploration projects in which the operator has engaged and identifying each acre of land affected and land reclaimed by that mining operation or exploration project through the preceding calendar year. (NRS 519A.260) Section 13 of this bill requires an operator to map each such acre and include in the map all disturbances by such mining operations and exploration projects to: (1) the water balance; and (2) the quality and quantity of the surface water and groundwater. Consistent with the changes of sections 2-13 of this bill pertaining to reclamation of surface water and groundwater, section 5 of this bill makes a conforming change to revise the legislative declaration to provide that proper reclamation is necessary to prevent undesirable land, surface water and groundwater conditions. Section 16 of this bill requires, on or before August 1, 2025, a written report to be submitted to the Joint Interim Standing Committee on Natural Resources by: (1) the Division of Minerals of the Commission on Mineral Resources in coordination with the Division of Environmental Protection regarding certain impacts of pit lakes; and (2) the Department of Wildlife regarding the impacts of mining on wildlife and habitats in this State.

Statutes affected:
As Introduced: 519A.010, 519A.020, 519A.040, 519A.100, 519A.190, 519A.210, 519A.220, 519A.230, 519A.260, 519A.270, 519A.280
Reprint 1: 519A.010, 519A.020, 519A.040, 519A.100, 519A.190, 519A.210, 519A.220, 519A.230, 519A.260, 519A.270, 519A.280
BDR: 519A.010, 519A.020, 519A.040, 519A.100, 519A.190, 519A.210, 519A.220, 519A.230, 519A.260, 519A.270, 519A.280