Under current law, if a proposed state agency action, such as the issuance of a
permit, authorization, or exception, will affect any site that is significant in the
history, prehistory, architecture, archaeology, or culture of this state (historic
property), the state agency must notify the director of the State Historical Society
(SHS) or his or her designee (state historic preservation officer). If the state historic
preservation officer determines that the proposed agency action will have an adverse
effect on a historic property that is listed on the national or state register of historic
places, the Wisconsin inventory of historic places, or SHS's list of locally designated
historic places, that officer may require negotiations with the state agency to reduce
that adverse effect.
The bill requires a bulk sampling plan to include: 1) a description of any
adverse effects that the bulk sampling might have on any historic property or on any
scenic or recreational areas; and 2) plans to avoid or minimize those adverse effects
to the extent practicable. The bill also provides that if DNR determines that an
applicant has taken measures to minimize the adverse effects of proposed bulk
sampling on a historic property, DNR is not required to notify the state historic
preservation officer, and the state historic preservation officer may not require
negotiations to reduce that adverse effect. If that adverse effect cannot practicably
be minimized, any negotiations between DNR and the state historic preservation
officer must be completed within 60 days.
DNR is not required to prepare an environmental impact statement for
proposed bulk sampling. Also, the bill requires DNR to act on any required
construction site erosion control or storm water management approval, even if DNR
has authorized a local program to issue approvals for construction site erosion
control or stormwater management.
Fees
Under current law, a person who gives notice of intent to apply for a metallic
mining permit must pay a fee established by DNR by rule designed to cover the costs
incurred by DNR in connection with the proposed mining during the year following
receipt of the proposed notice. The person must also pay fees for any approvals other
than the mining permit that are needed to conduct the mining. The law requires
DNR to annually compare the fees paid by an applicant with the costs incurred by
DNR in connection with the proposed mining. If the costs incurred by DNR exceed
the fees paid, the person must pay a fee equal to the difference.

Under this bill, an applicant is not required to pay an application or filing fee
for any approval other than a mining permit. The bill requires DNR to assess a fee
equal to its costs for evaluating a mining project or $1,100,000, whichever is less. An
applicant must pay $100,000 with the bulk sampling plan or, if no bulk sampling
plan is filed, with the notice of intent to file a mining permit application and then
must make $250,000 payments when DNR shows that the previous payments have
been fully allocated against actual costs.
Current law imposes fees on the disposal of solid waste that are called tonnage
fees or tipping fees. Under the bill, the operator of a mining waste site must pay the
groundwater fee, the environmental repair fee, and the waste facility siting board fee
but is not subject to the recycling fee.
Net proceeds occupation tax
Under current law, the state imposes a net proceeds occupation tax on the
mining of metallic minerals in this state. The tax is based, generally, on a percentage
of net income from the sale of ore or minerals after certain mining processes have
been applied to the ore or minerals.
Under current law, the revenue collected from the net proceeds occupation tax
is deposited into the investment and local impact fund. The fund is managed by the
local impact fund board. The revenue is then, generally, distributed to the counties
and municipalities in which metallic minerals are being mined.
Under the bill, 50 percent of the revenue collected from the net proceeds
occupation tax on extracting ferrous metallic minerals in this state is deposited into
the investment and local impact fund and 50 percent of the revenue is deposited into
the general fund.
Other
Shoreland and floodplain zoning
Current law prohibits locating a solid waste facility in an area that is covered
by a shoreland or floodplain zoning ordinance unless the facility is authorized under
a permit issued by DNR. This bill requires DNR to specify in the permit the
authorized location, height, or size of the facility that may be located in the area. This
bill also specifies that DNR may not prohibit a waste site, structure, building, fill, or
other development or construction activity (activity) to be located in an area that
would otherwise be prohibited under a shoreland or floodplain zoning ordinance if
the activity is authorized by DNR as part of a mining operation covered by an iron
mining permit.
Current law provides that a structure, building, fill, or development (structure)
that is placed or maintained in a floodplain in violation of a floodplain zoning
ordinance is a public nuisance and provides that any person placing or maintaining
the structure may be subject to a fine. The bill specifies that these provisions do not
apply to a structure placed or maintained as part of a mining operation covered by
an iron mining permit issued by DNR.
Local impact committees
Current law authorizes a local or tribal government likely to be substantially
affected by proposed metallic mining to establish a local impact committee for

purposes that include facilitating communications with the mining company,
reviewing and commenting on reclamation plans, and negotiating an agreement
between the local or tribal government and the mining company. The law requires
the mining company to appoint a person to be the liaison with the local impact
committee and requires the mining company to make reasonable efforts to design
and carry out mining operations in harmony with community development
objectives. Under some circumstances, a local impact committee may receive
funding from the investment and local impact fund board.
This bill provides for local impact committees for proposed iron mines in a
manner similar to the manner in which those committees are established under
current law.
Rights and conditions relating to mining contracts and leases
Current law establishes certain rights and imposes certain conditions with
respect to contracts or leases that authorize a person to dig for ores and minerals,
including the conditions under which a miner may retain ore and minerals
discovered on the land, a miner's obligation to keep and to provide certain records
concerning mine operations, and the consequences to a miner who conceals or
disposes of any ores or minerals for the purpose of defrauding a lessor. Current law
also establishes a maximum term for exploration mining leases with regard to
minerals that contain metals.
This bill limits these current law provisions to mining activities relating to
nonferrous metallic mining.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB426, s. 1 1Section 1. 20.370 (2) (gh) of the statutes is amended to read:
AB426,22,62 20.370 (2) (gh) Mining — Nonferrous metallic mining regulation and
3administration.
The amounts in the schedule for the administration, regulation and
4enforcement of nonferrous metallic mining exploration, prospecting, mining and
5mine reclamation activities under ch. 293. All moneys received under ch. 293 shall
6be credited to this appropriation.
AB426, s. 2 7Section 2. 20.370 (2) (gi) of the statutes is created to read:
AB426,23,3
120.370 (2) (gi) Ferrous metallic mining operations. All moneys received under
2subch. III of ch. 295 for the department of natural resource's operations related to
3ferrous metallic exploration and mining.
AB426, s. 3 4Section 3. 20.455 (1) (gh) of the statutes is amended to read:
AB426,23,85 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
6(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
7292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
8expenses of investigation and prosecution of violations, including attorney fees.
AB426, s. 4 9Section 4. 20.566 (7) (e) of the statutes is amended to read:
AB426,23,1210 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
11the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4) and,
12293.65 (5) (a), and 295.443.
AB426, s. 5 13Section 5. 20.566 (7) (v) of the statutes is amended to read:
AB426,23,1714 20.566 (7) (v) Investment and local impact fund. From the investment and local
15impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
16moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
17to (g), 293.33 (4) and, 293.65 (5) (a) , and 295.443.
AB426, s. 6 18Section 6. 29.604 (4) (intro.) of the statutes is amended to read:
AB426,23,2019 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as
20permitted by departmental rule or permit:
AB426, s. 7 21Section 7. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB426,24,222 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
23of an endangered or threatened species that is on public property or on property that
24he or she does not own or lease, except in the course of forestry or agricultural

1practices or, in the construction, operation, or maintenance of a utility facility, or as
2part of bulk sampling activities under s. 295.45
:
AB426, s. 8 3Section 8. 29.604 (7m) of the statutes is created to read:
AB426,24,104 29.604 (7m) Bulk sampling activities. A person may take, transport, or
5possess a wild animal on the department's endangered and threatened species list
6without a permit under this section if the person avoids and minimizes adverse
7impacts to the wild animal to the extent practicable, if the taking, transporting, or
8possession does not result in wounding or killing the wild animal, and if the person
9takes, transports, or possesses the wild animal for the purpose of bulk sampling
10activities under s. 295.45.
AB426, s. 9 11Section 9. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
AB426,24,1412 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a
13riparian owner for a structure or a deposit pursuant to an application under par. (a)
14if the department finds that all of the following apply requirements are met:
AB426, s. 10 15Section 10. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
16and amended to read:
AB426,24,1917 30.123 (8) (c) (intro.) The department shall issue an individual permit
18pursuant to an application under par. (a) if the department finds that the all of the
19following requirements are met:
AB426,24,20 201. The bridge or culvert will not materially obstruct navigation,.
AB426,24,22 212. The bridge or culvert will not materially reduce the effective flood flow
22capacity of a stream, and.
AB426,24,23 233. The bridge or culvert will not be detrimental to the public interest.
AB426, s. 11 24Section 11. 30.133 (2) of the statutes is amended to read:
AB426,25,6
130.133 (2) This section does not apply to riparian land located within the
2boundary of any hydroelectric project licensed or exempted by the federal
3government, if the conveyance is authorized under any license, rule or order issued
4by the federal agency having jurisdiction over the project. This section does not apply
5to riparian land that is associated with an approval required for bulk sampling or
6mining that is required under subch. III of ch. 295.
AB426, s. 12 7Section 12. 30.19 (4) (c) (intro.) of the statutes is amended to read:
AB426,25,108 30.19 (4) (c) (intro.) The department shall issue an individual permit pursuant
9to an application under par. (a) if the department finds that all of the following apply
10requirements are met:
AB426, s. 13 11Section 13. 30.195 (2) (c) (intro.) of the statutes is amended to read:
AB426,25,1412 30.195 (2) (c) (intro.) The department shall issue an individual permit applied
13for under this section to a riparian owner if the department determines that all of the
14following apply requirements are met:
AB426, s. 14 15Section 14. 31.23 (3) (e) of the statutes is created to read:
AB426,25,1816 31.23 (3) (e) This subsection does not apply to a bridge that is constructed,
17maintained, or operated in association with mining or bulk sampling that is subject
18to subch. III of ch. 295.
AB426, s. 15 19Section 15. 44.40 (5) of the statutes is amended to read:
AB426,25,2120 44.40 (5) This section does not apply as provided in s. 295.45 (6) or to any state
21agency action which is subject to 16 USC 461 to 470mm.
AB426, s. 16 22Section 16. 70.395 (1e) of the statutes is amended to read:
AB426,26,523 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
2470.38 to 70.39, the department of administration, upon certification of the
25department of revenue, shall transfer the amount collected in respect to mines not

1in operation on November 28, 1981, to the investment and local impact fund, except
2that the department of administration shall transfer 50 percent of the amount
3collected from each person extracting ferrous metallic minerals to the investment
4and local impact fund and the department of revenue shall deposit 50 percent of the
5amount collected from any such person into the general fund
.
AB426, s. 17 6Section 17. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended
7to read:
AB426,26,168 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill,
9or development placed or maintained within any floodplain in violation of a zoning
10ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
11and the creation thereof may be enjoined and maintenance thereof may be abated by
12action at suit of any municipality, the state or any citizen thereof. Any person who
13places or maintains any structure, building, fill or development within any
14floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
1561.35 or 62.23 may be fined not more than $50 for each offense. Each day during
16which such violation exists is a separate offense.
AB426, s. 18 17Section 18. 87.30 (2) (b) of the statutes is created to read:
AB426,26,2018 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or
19development placed or maintained as part of a mining operation covered by a mining
20permit under s. 295.58.
AB426, s. 19 21Section 19. 107.001 (1) of the statutes is amended to read:
AB426,27,322 107.001 (1) "Exploration mining lease" means any lease, option to lease, option
23to purchase or similar conveyance entered into for the purpose of determining the
24presence, location, quality or quantity of metalliferous nonferrous metallic minerals
25or for the purpose of mining, developing or extracting metalliferous nonferrous

1metallic
minerals, or both under ch. 293. Any lease, option to lease, option to
2purchase or similar conveyance entered into by a mining company is rebuttably
3presumed to be an exploration mining lease.
AB426, s. 20 4Section 20. 107.001 (2) of the statutes is repealed.
AB426, s. 21 5Section 21. 107.01 (intro.) of the statutes is amended to read:
AB426,27,9 6107.01 Rules governing mining rights. (intro.) Where there is no contract
7between the parties or terms established by the landlord to the contrary the following
8rules and regulations shall be applied to mining contracts and leases for the digging
9of ores and nonferrous metallic minerals:
AB426, s. 22 10Section 22. 107.01 (2) of the statutes is amended to read:
AB426,27,1911 107.01 (2) The discovery of a crevice or range containing ores or minerals
12nonferrous metallic minerals shall entitle the discoverer to the ores or minerals
13pertaining thereto, subject to the rent due the discoverer's landlord, before as well
14as after the ores or minerals nonferrous metallic minerals are separated from the
15freehold; but such miner shall not be entitled to recover any ores or minerals
16nonferrous metallic minerals or the value thereof from the person digging on the
17miner's range in good faith and known to be mining thereon until the miner shall
18have given notice of the miner's claim; and the miner shall be entitled to the ores or
19minerals
nonferrous metallic minerals dug after such notice.
AB426, s. 23 20Section 23. 107.02 of the statutes is amended to read:
AB426,28,15 21107.02 Mining statement; penalty. When there is no agreement between the
22parties to any mining lease, license or permit, to mine or remove ore nonferrous
23metallic minerals
from any lands in this state, regulating the method of reporting
24the amount of ore nonferrous metallic minerals taken, the person mining and
25removing the ore or ores nonferrous metallic minerals shall keep proper and correct

1books, and therefrom to make and deliver by or before the fifteenth day of each month
2to the lessor, owner or person entitled thereto, a detailed statement covering the
3operations of the preceding month. The statement shall show the total amount of
4tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then
5to whom sold, giving the date of sale, date of delivery to any railroad company,
6naming the company, and the station where delivered or billed for shipment; the
7name and address of the purchaser; the price per ton at which sold and the total value
8of each kind of ore nonferrous metallic minerals so sold. The books shall be always
9open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is
10a corporation, and to any person or stockholder interested in any such mining
11operations, for the purpose of inspection and taking copies thereof or abstracts
12therefrom. Any person and every officer, agent or employee of any thereof, who
13violates this section, or who makes any false or incomplete entries on any such books
14or statements, shall be fined not less than $100 or imprisoned in the county jail for
15not more than 3 months or both.
AB426, s. 24 16Section 24. 107.03 of the statutes is amended to read:
AB426,29,2 17107.03 Conflicting claims. In case of conflicting claims to a crevice or range
18bearing ores or nonferrous metallic minerals the court may continue any action to
19enforce a claim or grant any necessary time for the purpose of allowing parties to
20prove up their mines or diggings if it satisfactorily appears necessary to the ends of
21justice. In such case the court or judge may appoint a receiver and provide that the
22mines or diggings be worked under the receiver's direction, subject to the order of the
23court, in such manner as best ascertains the respective rights of the parties. The ores
24or
nonferrous metallic minerals raised by either party pending the dispute shall be

1delivered to the receiver, who may, by order of the court or judge, pay any rent or other
2necessary expenses therefrom.
AB426, s. 25 3Section 25. 107.04 of the statutes is amended to read:
AB426,29,15 4107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
5disposes of any ores or nonferrous metallic minerals or mines or diggings for the
6purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or
7nonferrous metallic minerals raised by the miner for 3 days after the notice thereof
8and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and
9the landlord after the concealment or after 3 days have expired from the time of
10demanding rent, may proceed against the miner to recover possession of the mines
11or diggings in circuit court as in the case of a tenant holding over after the
12termination of the lease. If a miner neglects to work his or her mines or diggings
13according to the usages of miners, without reasonable excuse, he or she shall likewise
14forfeit the mines or diggings and the landlord may proceed against the miner in like
15manner to recover possession of the mines or diggings.
AB426, s. 26 16Section 26. 107.11 of the statutes is amended to read:
AB426,30,3 17107.11 Account of ore nonferrous metallic minerals received. Every
18person operating a metal recovery system and every purchaser of ores and
19nonferrous metallic minerals shall keep a substantially bound book, ruled into
20suitable columns, in which shall be entered from day to day, as ores or nonferrous
21metallic
minerals are received, the following items: the day, month and year when
22received; the name of the person from whom purchased; the name of the person by
23whom hauled and delivered; name of the owner of the land from which the ores or
24nonferrous metallic minerals were obtained, or if not known, the name of the
25diggings or some distinct description of the land. The bound book shall be kept at the

1furnace or at the usual place of business of such person or purchaser or his or her
2agent in this state, and shall be open to authorized representatives of the department
3of revenue at reasonable times for inspection and taking extracts.
AB426, s. 27 4Section 27. 107.12 of the statutes is amended to read:
AB426,30,11 5107.12 Penalty. If any person operating a metal recovery system or purchaser
6of ores and nonferrous metallic minerals or the agent of any such person or purchaser
7doing business fails to keep such a book or to make such entries as required under
8s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
9or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
10to the use of the prosecutor; and each day such failure or refusal continues shall be
11deemed a distinct and separate offense.
AB426, s. 28 12Section 28. 107.20 (1) of the statutes is amended to read:
AB426,30,2413 107.20 (1) Any provision of an exploration mining lease entered into after April
1425, 1978, granting an option or right to determine the presence, location, quality or
15quantity of metalliferous nonferrous metallic minerals shall be limited to a term not
16exceeding 10 years from the date on which the exploration mining lease is recorded
17in the office of the register of deeds of the county where the property is located, except
18that any provision of an exploration mining lease entered into after April 25, 1978,
19granting an option or right to determine the quality and quantity of metalliferous
20nonferrous metallic minerals under a prospecting permit shall be limited to a term
21not exceeding 10 years from the date that the lessee applies for a prospecting permit
22under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
23the date on which the exploration mining lease is recorded in the office of the register
24of deeds of the county where the property is located.
AB426, s. 29 25Section 29. 107.20 (2) of the statutes is amended to read:
AB426,31,5
1107.20 (2) Any provision of an exploration mining lease entered into after April
225, 1978, granting an option or right to develop or extract metalliferous nonferrous
3metallic
minerals shall be limited to a term not exceeding 50 years from the date on
4which the exploration mining lease is recorded in the office of the register of deeds
5of the county where the property is located.
AB426, s. 30 6Section 30. 107.30 (1) of the statutes is amended to read:
AB426,31,87 107.30 (1) "Concentrates" means the nonferrous mineral-rich, finished,
8primary products of a concentrator.
AB426, s. 31 9Section 31. 107.30 (18) of the statutes is amended to read:
Loading...
Loading...