Tax 13.05(4)(d)
(d) Refunds of undistributed monies. Six months after the date of the signing of the local agreement under s.
293.43, Stats., the board shall refund to the person making the notice of intent payment any money paid under this subsection but undistributed by the board to eligible recipients.
Tax 13.05 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82; am. (3) (a), (b) and (c),
Register, September, 1986, No. 369, eff. 10-1-86; emerg. cr. (4), eff. 12-14-92; emerg. cr. (4), eff. 5-17-93; r. (1) (a), (2) and (3) (e), renum. (3) (intro.) to (d) to be (3) (a) to (e) and am. (3) (a) and (d), cr. (3) (b) 3. and (4),
Register, August, 1993, No. 452, eff. 9-1-93; corrections in (4) (a), (b) 3., and (d) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2006 No. 609.
Tax 13.06(1)(1)
First dollar payments. Certain counties, cities, villages, towns, and Native American communities shall receive a first dollar payment under s.
70.395 (2) (d), Stats. Only county expenditures of first dollar payments are restricted under
s. Tax 13.08 (7). Cities, villages, towns, and Native American communities are not restricted to mining-related expenditures of first dollar payments. Each December, the board shall certify to the department of administration the specific payments to be made on the first Monday in January of the next year, as follows:
Tax 13.06(1)(a)1.1. Each county in which the metalliferous minerals are extracted shall receive a first dollar payment.
Tax 13.06(1)(a)2.
2. Each county in which the metalliferous minerals are extracted shall also receive 20% of the tax collected from persons in that county or $250,000, whichever is less.
Tax 13.06(1)(b)
(b) Cities, villages, and towns. Each city, village, and town in which metalliferous minerals are extracted, or which contain at least 15% of that ore body, shall receive a first dollar payment.
Tax 13.06(1)(c)
(c) Native American communities. Each Native American community located within one or more cities, villages, or towns which receive a first dollar payment shall also receive a first dollar payment.
Tax 13.06(1)(d)1.1. Where the tax collected is in respect to a mine located in more than one county each county's first dollar payment shall be equal to the ratio of the amount of crude ore extracted from the mine in that county to the total amount of crude ore extracted from the mines that year multiplied by the amount of the payment under
par. (a) 1.
Tax 13.06(1)(d)3.
3. The dollar amounts in this subsection shall be indexed beginning in calendar year 1983 and corresponding fiscal years. The revised amounts shall be rounded to the nearest whole number divisible by 100. First dollar payments shall not be reduced below $100,000. When the $250,000 figure under
par. (a) 2. is indexed, the amount shall not be reduced below $250,000.
Tax 13.06(2)(a)(a) Each county, city, village, town, and Native American community that contains at least 15% of the minable ore body at a mining site for which a mining permit has been granted under s.
293.37, Stats., and for which a construction fee has been paid, shall receive a one-time payment of $100,000.
Tax 13.06(2)(b)
(b) The board shall certify to the department of administration the specific construction period payments to be made under s.
70.395 (2) (d) 5., Stats.
Tax 13.06(2)(d)
(d) The payment under this subsection shall be made within 30 days after construction at the mining site begins.
Tax 13.06(3)(a)(a) Procedure. Eligible recipients may receive a notice of intent distribution from the board for reasonable local agreement negotiation-related expenses according to the following procedure:
Tax 13.06(3)(a)1.
1. An eligible recipient shall notify the board and the person making payment under
s. Tax 13.05 (4) in writing that it is intending to begin negotiations or is preparing to negotiate a local agreement.
Tax 13.06(3)(a)2.
2. On an as-needed basis, an eligible recipient shall provide documentation to the board of the costs that have been incurred or expenses to be incurred. To document the expenses, the eligible recipient shall submit a copy of each bill received, contracts negotiated, or proposals and budgets for future expenses to the board and to the person making payment under
s. Tax 13.05 (4).
Tax 13.06(3)(a)3.
3. The board shall make payment from monies received under
s. Tax 13.05 (4) to the eligible notice of intent distribution recipient within 3 weeks for the amount of the reasonable expenditures that have occurred or to be incurred.
Tax 13.06(3)(b)
(b) Prior costs. Unless agreed to in writing between an eligible recipient and the person making payment under
s. Tax 13.05 (4), the person shall be liable for costs relating to the negotiation of a local agreement incurred prior to the making of the deposit under s.
70.395 (2) (dc), Stats., and for costs incurred prior to the written notice given by the eligible recipient under
par. (a) 1. if such notice and deposit are made or required to be made.
Tax 13.06(4)
(4) Project reserve fund. The board shall establish and maintain a project reserve fund within the impact fund in relation to each mine which first begins operation after November 27, 1981. Each project reserve fund shall consist of 10% of the net proceeds tax paid by each mine plus all accrued interest on that amount. For municipalities that contain a mining site and for which a project reserve fund has been established, the board shall withdraw monies from that specific fund to be used for the following purposes:
Tax 13.06(4)(a)
(a) To ensure an annual payment to each city, village, and town in an amount equal to the average first dollar payment to that municipality for the 3 previous years.
Tax 13.06(4)(b)
(b) To reimburse municipalities for costs associated with the cessation of mining operations.
Tax 13.06(5)
(5) Payment priorities. If the appropriations under s.
20.566 (7) (e) and
(v), Stats., in any one year are not sufficient to pay the full amount under
subs. (1) through
(4), full payments shall be made in the order listed in this subsection. If funds are not sufficient to pay the full amounts payable at a particular priority level, payments shall be prorated among the entities entitled to payments at that level. Payments shall be made in the following order pursuant to s.
70.395 (2) (e), Stats.:
Tax 13.06(5)(a)
(a) Construction period payments to counties, cities, villages, towns, and Native American communities which contain a mining site and for which a mining company has paid a construction fee for that site.
Tax 13.06(5)(b)
(b) First dollar payments for counties, cities, villages, towns, and Native American communities.
Tax 13.06(5)(c)
(c) Payments to counties for an amount equal to 20% of the tax collected or $250,000, whichever is less.
Tax 13.06 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82; emerg. cr. (2) (c), eff. 1-1-86; r. and rec. (2) (intro.), (a) and (b), am. (5) (a),
Register, September, 1986, No. 369, eff. 10-1-86; emerg. r. and recr. (3), eff. 12-14-92; emerg. r. and recr. (3), eff. 5-17-93; am. (1) (intro.), r. (1) (d) 2. and (5) (e), r. and recr. (2) and (3),
Register, August, 1993, No. 452, eff. 9-1-93; corrections in (2) (a), (3) (b) and (4) (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2006 No. 609.
Tax 13.07
Tax 13.07
Discretionary payments. In accordance with s.
70.395 (2) (g), Stats., any municipality may apply to the board for a discretionary payment from the impact fund.
Tax 13.07(1)
(1) School district payments. A school district may apply to the board for payments from the fund in an amount equal to the school district's nonshared costs. If the board finds that the school district has incurred costs attributable to enrollment resulting from the development and operation of metalliferous mineral mining and if the board and the school board of the school district reach an agreement on a payment schedule, the board shall certify to the department of administration for payment to the school district an amount equal to all or part of the nonshared costs of the school district in the year in which the initial agreement was reached. The board and the school district may, by mutual consent, modify the provisions of the agreement at any time. The payment shall be considered a nondeductible receipt for the purposes of s.
121.07 (6), Stats.
Tax 13.07(2)
(2) Discretionary payment program. The annual discretionary payment program includes the following procedures:
Tax 13.07(2)(a)
(a) Application process. The application process shall include the following steps:
Tax 13.07(2)(a)1.
1. Before June 1, the board may adopt an overall funding ceiling for the discretionary payment program outlined in this subsection. The level of the ceiling shall be based on the financial status of the impact fund, the board's expectation of what municipalities will need from the impact fund in the next year, and a review of the status of mineral development projects in the state. The overall funding ceiling shall be viewed throughout the application review process as a fiscal control upon the board. The board may modify the ceiling, as it deems necessary, once it has fully determined the merits of each application.
Tax 13.07(2)(a)2.
2. Before June 1, the board shall give written public notice announcing its intent to distribute discretionary grants and the total funds available for distribution. The board shall give written notice of the grant program and grant guidelines to local governments reasonably expected to be affected by metallic mineral development.
Tax 13.07(2)(a)3.
3. All discretionary grant applications submitted to the board shall be postmarked on or before July 31 in order to receive funding consideration.
Tax 13.07(2)(a)4.
4. Each application shall include a supporting resolution from the appropriate local governing body or bodies. The supporting resolutions submitted to the board shall be postmarked on or before August 31.
Tax 13.07(2)(a)4.a.
a. Each local or joint impact committee application shall be accompanied by a supporting resolution from the committee.
Tax 13.07(2)(a)4.b.
b. Each joint impact committee application shall be accompanied by a supporting resolution from each local committee within the area served by the joint committee and from each municipality which appoints the joint committee.
Tax 13.07(2)(a)4.c.
c. Each local impact committee application shall be accompanied by a supporting resolution from its appointing authority.
Tax 13.07(2)(a)5.
5. A municipality may submit more than one application. Two or more municipalities may submit a joint application.
Tax 13.07(2)(a)6.
6. The board may provide partial funding to a municipality for a mining-related project. The board may also require municipalities to provide matching funds toward project costs as a condition for receiving a discretionary grant.
Tax 13.07(2)(b)
(b) Application contents. An application may take one of 2 forms:
Tax 13.07(2)(b)1.
1. `Project proposal'. Municipalities seeking funds for a particular public service or facility, including the design, construction, or maintenance of a public facility, the hiring of consultants to provide specific legal, planning, local development, or technical assistance shall develop a project proposal for consideration by the board. The appropriate form shall be furnished by the board upon request. Information on the following shall be provided for a project proposal:
Tax 13.07(2)(b)1.c.
c. A detailed budget for the proposal including the local funding contribution the municipality plans to make or any outside funding that would be used for the project.
Tax 13.07(2)(b)1.d.
d. The project timetable, including the date of commencement and the date the project is expected to be completed.
Tax 13.07(2)(b)1.e.
e. A description of any alternatives to the proposed project which were considered and an explanation of why the proposed project was rated more highly than the alternatives.
Tax 13.07(2)(b)2.
2. `Mining impact brief'. Municipalities seeking funding for the operations of a local impact committee or a joint impact committee shall submit a mining impact brief. The appropriate form shall be furnished by the board upon request. Mining impact briefs shall include:
Tax 13.07(2)(b)2.b.
b. A detailed budget including a description of the amount and sources of other funds and resources that will be applied toward committee activities during the proposed project.
Tax 13.07(2)(b)2.c.
c. An explanation of how the proposed committee activities will alleviate a mining related impact or impacts.
Tax 13.07(2)(b)2.d.
d. A description of how the project will be coordinated with other and other local and joint impact committees.
Tax 13.07(2)(b)2.e.
e. A comprehensive description of the committee's long-term plans and goals, including a description of the committee activities for which it anticipates that funding will be sought from the board and from other sources in the year subsequent to the proposed project and during the long-term planning period.
Tax 13.07(2)(b)2.f.
f. A description of how the proposed activities to be funded relate to the long-term plans of the committee.
Tax 13.07(2)(c)
(c) Application review process. All applications shall be reviewed by the board. The following criteria shall be used to evaluate each application:
Tax 13.07(2)(c)1.
1. The extent to which the impact is caused by metallic mining and the severity of the actual or potential impact.
Tax 13.07(2)(c)2.
2. The extent to which the applicant is prepared to deal with the mining impact and is using all possible resources to address the situation. Consideration shall be given to the following factors:
Tax 13.07(2)(c)2.a.
a. Whether the applicant will complement the project with other community assistance programs, resources, funds, or expertise.
Tax 13.07(2)(c)2.b.
b. Whether the applicant has demonstrated an ability and willingness to plan for its future.
Tax 13.07(2)(c)2.c.
c. Whether the applicant had demonstrated a willingness to cooperate with neighboring jurisdictions.
Tax 13.07(2)(c)3.
3. The extent to which the applicant will make effective use of a mining impact grant. Consideration shall be given to the following factors:
Tax 13.07(2)(c)3.a.
a. Whether the proposal is likely to accomplish its purpose and addresses the impact.
Tax 13.07(2)(c)6.
6. The board shall consider the following additional criteria in evaluating a funding application submitted by a local impact committee:
Tax 13.07(2)(c)6.a.
a. The extent to which the funding proposal conforms with the statutory purposes of a local impact committee in s.
293.33 (1), Stats., and meets the requirements of s.
293.33 (4), Stats.
Tax 13.07(2)(c)6.b.
b. The adequacy of the local impact committee's long-term plan and the appropriateness of the funding proposal in relation to the long-term plan.
Tax 13.07(2)(c)6.c.
c. The degree of support provided to the local impact committee by its appointing authority, including staff support, direct financial support, and approval by the appointing authority of the local impact committee's activities, as evidenced by supporting resolution.
Tax 13.07(2)(c)6.d.
d. The efforts of the local impact committee to obtain additional funding from other sources.
Tax 13.07(2)(c)6.e.
e. The past success of the local impact committee in accomplishing its statutory purposes.
Tax 13.07(2)(c)6.f.
f. The performance of the local impact committee in financial audits and the steps taken by the local impact committee to correct inadequacies noted in audits.
Tax 13.07(2)(c)7.
7. The board shall consider the following additional criteria in evaluating a funding application submitted by a joint impact committee:
Tax 13.07(2)(c)7.a.
a. The extent to which the funding proposal conforms with the purposes of the joint committee specified in this chapter.
Tax 13.07(2)(c)7.b.
b. The adequacy of the joint impact committee's long-term plan and the appropriateness of the funding proposal in relation to the long-term plan.
Tax 13.07(2)(c)7.c.
c. The degree of local support for activities of the joint committee, including staff services donated by municipalities within the area served by the joint committee, direct financial support received or anticipated to be received from local impact committees and municipalities within the area served by the joint committee and approval of the activities of the joint committee as evidenced by supporting resolutions from local committees, municipalities, and tribal governing bodies within the area served by the joint committee.
Tax 13.07(2)(c)7.d.
d. The efforts of the joint impact committee to obtain additional funding from other sources.
Tax 13.07(2)(c)7.e.
e. Past successes of the joint committee in implementing the purposes specified for the joint committee in this chapter.
Tax 13.07(2)(c)7.f.
f. Performance of the joint committee on financial audits and steps taken by the joint committee to correct inadequacies noted in any financial audit.
Tax 13.07(2)(c)7.g.
g. The adequacy of communications between the joint impact committee and the local impact committees, municipalities, and tribal governing bodies within the area served by the joint impact committee.
Tax 13.07(2)(c)8.
8. When providing partial funding or requiring local matching funds for a grant project, the board shall consider:
