“Operator” means any person who owns, operates or maintains a subsurface installation. The term does not include:

1. 1. The Department of Transportation; or

2. 2. An interstate railroad company that operates more than 1,000 miles of railroad track in this State, if the subsurface installations owned, operated or maintained by the company:

   1. (a) Are located within the right-of-way of the company; and
   2. (b) Do not include facilities subject to the jurisdiction of the United States Department of Transportation pursuant to 49 C.F.R. Parts 191 to 195, inclusive.

(Added to NRS by 1991, 1142; A 2023, 676)