AB426-ASA1,9,4
170.395 (2) (dc) 1. Each person intending to submit an application for a mining
2permit under s. 293.49 or 295.47 shall pay $50,000 to the department of revenue for
3deposit in the investment and local impact fund at the time that the person notifies
4the department of natural resources under s. 293.31 (1) or 295.465 of that intent.
AB426-ASA1, s. 16f 5Section 16f. 70.395 (2) (dc) 4. of the statutes is amended to read:
AB426-ASA1,9,106 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s.
7293.41 or 295.443 for the proposed mine for which the payment is made, the board
8shall refund any funds paid under this paragraph but not distributed under par. (fm)
9from the investment and local impact fund to the person making the payment under
10this paragraph.
AB426-ASA1, s. 16h 11Section 16h. 70.395 (2) (fm) of the statutes is amended to read:
AB426-ASA1,9,1912 70.395 (2) (fm) The board may distribute a payment received under par. (dc)
13to a county, town, village, city, tribal government or local impact committee
14authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical
15experts in the areas of transportation, utilities, economic and social impacts,
16environmental impacts and municipal services and other reasonable and necessary
17expenses incurred by the recipient that directly relate to the good faith negotiation
18of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the
19payment is made.
AB426-ASA1, s. 16j 20Section 16j. 70.395 (2) (h) 1. of the statutes is amended to read:
AB426-ASA1,9,2421 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in
22which metalliferous minerals are extracted or were extracted within 3 years
23previous to December 31 of the current year, or in which a permit has been issued
24under s. 293.49 or 295.58 to commence mining;
AB426-ASA1, s. 17
1Section 17. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended
2to read:
AB426-ASA1,10,113 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill,
4or development placed or maintained within any floodplain in violation of a zoning
5ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
6and the creation thereof may be enjoined and maintenance thereof may be abated by
7action at suit of any municipality, the state or any citizen thereof. Any person who
8places or maintains any structure, building, fill or development within any
9floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
1061.35 or 62.23 may be fined not more than $50 for each offense. Each day during
11which such violation exists is a separate offense.
AB426-ASA1, s. 18 12Section 18. 87.30 (2) (b) of the statutes is created to read:
AB426-ASA1,10,1513 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or
14development placed or maintained as part of a mining operation covered by a mining
15permit under s. 295.58.
AB426-ASA1, s. 19 16Section 19. 107.001 (1) of the statutes is amended to read:
AB426-ASA1,10,2317 107.001 (1) "Exploration mining lease" means any lease, option to lease, option
18to purchase or similar conveyance entered into for the purpose of determining the
19presence, location, quality or quantity of metalliferous nonferrous metallic minerals
20or for the purpose of mining, developing or extracting metalliferous nonferrous
21metallic
minerals, or both under ch. 293. Any lease, option to lease, option to
22purchase or similar conveyance entered into by a mining company is rebuttably
23presumed to be an exploration mining lease.
AB426-ASA1, s. 20 24Section 20. 107.001 (2) of the statutes is repealed.
AB426-ASA1, s. 21 25Section 21. 107.01 (intro.) of the statutes is amended to read:
AB426-ASA1,11,4
1107.01 Rules governing mining rights. (intro.) Where there is no contract
2between the parties or terms established by the landlord to the contrary the following
3rules and regulations shall be applied to mining contracts and leases for the digging
4of ores and nonferrous metallic minerals:
AB426-ASA1, s. 22 5Section 22. 107.01 (2) of the statutes is amended to read:
AB426-ASA1,11,146 107.01 (2) The discovery of a crevice or range containing ores or minerals
7nonferrous metallic minerals shall entitle the discoverer to the ores or minerals
8pertaining thereto, subject to the rent due the discoverer's landlord, before as well
9as after the ores or minerals nonferrous metallic minerals are separated from the
10freehold; but such miner shall not be entitled to recover any ores or minerals
11nonferrous metallic minerals or the value thereof from the person digging on the
12miner's range in good faith and known to be mining thereon until the miner shall
13have given notice of the miner's claim; and the miner shall be entitled to the ores or
14minerals
nonferrous metallic minerals dug after such notice.
AB426-ASA1, s. 23 15Section 23. 107.02 of the statutes is amended to read:
AB426-ASA1,12,10 16107.02 Mining statement; penalty. When there is no agreement between the
17parties to any mining lease, license or permit, to mine or remove ore nonferrous
18metallic minerals
from any lands in this state, regulating the method of reporting
19the amount of ore nonferrous metallic minerals taken, the person mining and
20removing the ore or ores nonferrous metallic minerals shall keep proper and correct
21books, and therefrom to make and deliver by or before the fifteenth day of each month
22to the lessor, owner or person entitled thereto, a detailed statement covering the
23operations of the preceding month. The statement shall show the total amount of
24tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then
25to whom sold, giving the date of sale, date of delivery to any railroad company,

1naming the company, and the station where delivered or billed for shipment; the
2name and address of the purchaser; the price per ton at which sold and the total value
3of each kind of ore nonferrous metallic minerals so sold. The books shall be always
4open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is
5a corporation, and to any person or stockholder interested in any such mining
6operations, for the purpose of inspection and taking copies thereof or abstracts
7therefrom. Any person and every officer, agent or employee of any thereof, who
8violates this section, or who makes any false or incomplete entries on any such books
9or statements, shall be fined not less than $100 or imprisoned in the county jail for
10not more than 3 months or both.
AB426-ASA1, s. 24 11Section 24. 107.03 of the statutes is amended to read:
AB426-ASA1,12,21 12107.03 Conflicting claims. In case of conflicting claims to a crevice or range
13bearing ores or nonferrous metallic minerals the court may continue any action to
14enforce a claim or grant any necessary time for the purpose of allowing parties to
15prove up their mines or diggings if it satisfactorily appears necessary to the ends of
16justice. In such case the court or judge may appoint a receiver and provide that the
17mines or diggings be worked under the receiver's direction, subject to the order of the
18court, in such manner as best ascertains the respective rights of the parties. The ores
19or
nonferrous metallic minerals raised by either party pending the dispute shall be
20delivered to the receiver, who may, by order of the court or judge, pay any rent or other
21necessary expenses therefrom.
AB426-ASA1, s. 25 22Section 25. 107.04 of the statutes is amended to read:
AB426-ASA1,13,9 23107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
24disposes of any ores or nonferrous metallic minerals or mines or diggings for the
25purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or

1nonferrous metallic minerals raised by the miner for 3 days after the notice thereof
2and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and
3the landlord after the concealment or after 3 days have expired from the time of
4demanding rent, may proceed against the miner to recover possession of the mines
5or diggings in circuit court as in the case of a tenant holding over after the
6termination of the lease. If a miner neglects to work his or her mines or diggings
7according to the usages of miners, without reasonable excuse, he or she shall likewise
8forfeit the mines or diggings and the landlord may proceed against the miner in like
9manner to recover possession of the mines or diggings.
AB426-ASA1, s. 26 10Section 26. 107.11 of the statutes is amended to read:
AB426-ASA1,13,22 11107.11 Account of ore nonferrous metallic minerals received. Every
12person operating a metal recovery system and every purchaser of ores and
13nonferrous metallic minerals shall keep a substantially bound book, ruled into
14suitable columns, in which shall be entered from day to day, as ores or nonferrous
15metallic
minerals are received, the following items: the day, month and year when
16received; the name of the person from whom purchased; the name of the person by
17whom hauled and delivered; name of the owner of the land from which the ores or
18nonferrous metallic minerals were obtained, or if not known, the name of the
19diggings or some distinct description of the land. The bound book shall be kept at the
20furnace or at the usual place of business of such person or purchaser or his or her
21agent in this state, and shall be open to authorized representatives of the department
22of revenue at reasonable times for inspection and taking extracts.
AB426-ASA1, s. 27 23Section 27. 107.12 of the statutes is amended to read:
AB426-ASA1,14,5 24107.12 Penalty. If any person operating a metal recovery system or purchaser
25of ores and nonferrous metallic minerals or the agent of any such person or purchaser

1doing business fails to keep such a book or to make such entries as required under
2s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
3or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
4to the use of the prosecutor; and each day such failure or refusal continues shall be
5deemed a distinct and separate offense.
AB426-ASA1, s. 28 6Section 28. 107.20 (1) of the statutes is amended to read:
AB426-ASA1,14,187 107.20 (1) Any provision of an exploration mining lease entered into after April
825, 1978, granting an option or right to determine the presence, location, quality or
9quantity of metalliferous nonferrous metallic minerals shall be limited to a term not
10exceeding 10 years from the date on which the exploration mining lease is recorded
11in the office of the register of deeds of the county where the property is located, except
12that any provision of an exploration mining lease entered into after April 25, 1978,
13granting an option or right to determine the quality and quantity of metalliferous
14nonferrous metallic minerals under a prospecting permit shall be limited to a term
15not exceeding 10 years from the date that the lessee applies for a prospecting permit
16under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
17the date on which the exploration mining lease is recorded in the office of the register
18of deeds of the county where the property is located.
AB426-ASA1, s. 29 19Section 29. 107.20 (2) of the statutes is amended to read:
AB426-ASA1,14,2420 107.20 (2) Any provision of an exploration mining lease entered into after April
2125, 1978, granting an option or right to develop or extract metalliferous nonferrous
22metallic
minerals shall be limited to a term not exceeding 50 years from the date on
23which the exploration mining lease is recorded in the office of the register of deeds
24of the county where the property is located.
AB426-ASA1, s. 30m 25Section 30m. 107.30 (8) of the statutes is amended to read:
AB426-ASA1,15,5
1107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 293.01
2(9)
means all or part of the process involved in the mining of metallic minerals, other
3than for exploration or prospecting, including commercial extraction,
4agglomeration, beneficiation, construction of roads, removal of overburden, and the
5production of refuse
.
AB426-ASA1, s. 31m 6Section 31m. 107.30 (15) of the statutes is amended to read:
AB426-ASA1,15,197 107.30 (15) "Prospecting" has the meaning set forth in s. 293.01 (18) means
8engaging in the examination of an area for the purpose of determining the quality
9and quantity of minerals, other than for exploration but including the obtaining of
10an ore sample, by such physical means as excavating, trenching, construction of
11shafts, ramps, and tunnels and other means, other than for exploration, which the
12department of natural resources, by rule, identifies, and the production of
13prospecting refuse and other associated activities. "Prospecting" does not include
14such activities when the activities are, by themselves, intended for and capable of
15commercial exploitation of the underlying ore body. The fact that prospecting
16activities and construction may have use ultimately in mining, if approved, does not
17mean that prospecting activities and construction constitute mining within the
18meaning of sub. (8), provided such activities and construction are reasonably related
19to prospecting requirements
.
AB426-ASA1, s. 32m 20Section 32m. 107.30 (16) of the statutes is amended to read:
AB426-ASA1,15,2321 107.30 (16) "Prospecting site" has the meaning set forth in s. 293.01 (21) means
22the lands on which prospecting is actually conducted as well as those lands on which
23physical disturbance will occur as a result of such activity
.
AB426-ASA1, s. 33 24Section 33. 160.19 (12) of the statutes is amended to read:
AB426-ASA1,16,7
1160.19 (12) The requirements in this section shall not apply to rules governing
2an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
3regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
4293 or subch. III of ch. 295, except that the department may promulgate new rules
5or amend rules governing this type of activity, practice or facility if the department
6determines that the amendment or promulgation of rules is necessary to protect
7public health, safety or welfare.
AB426-ASA1, s. 33r 8Section 33r. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB426-ASA1,16,229 196.491 (3) (a) 3. b. Within 20 days after After the department provides a listing
10specified in subd. 3. a. to a person, the person shall apply for the applicable permits
11and approvals identified in the listing. The department shall determine whether an
12application under this subd. 3. b. is complete and, no later than 30 days after the
13application is filed, notify the applicant about the determination. If the department
14determines that the application is incomplete, the notice shall state the reason for
15the determination. An applicant may supplement and refile an application that the
16department has determined to be incomplete. There is no limit on the number of
17times that an applicant may refile an application under this subd. 3. b. If the
18department fails to determine whether an application is complete within 30 days
19after the application is filed, the application shall be considered to be complete. The
20department shall complete action on an application under this subd. 3. b. for any
21permit or approval that is required prior to construction of a facility within 120 days
22after the date on which the application is determined or considered to be complete.
AB426-ASA1, s. 34 23Section 34. 196.491 (4) (b) 2. of the statutes is amended to read:
AB426-ASA1,17,624 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that
25the person reasonably anticipates, at the time that construction of the equipment or

1facilities commences, that on each day that the equipment and facilities are in
2operation the person will consume no less than 70% of the aggregate kilowatt hours
3output from the equipment and facilities in manufacturing processes at the site
4where the equipment and facilities are located or in ferrous mineral mining and
5processing activities governed by subch. III of ch. 295 at the site where the equipment
6and facilities are located
.
AB426-ASA1, s. 35 7Section 35. 281.65 (2) (a) of the statutes is amended to read:
AB426-ASA1,17,208 281.65 (2) (a) "Best management practices" means practices, techniques or
9measures, except for dredging, identified in areawide water quality management
10plans, which are determined to be effective means of preventing or reducing
11pollutants generated from nonpoint sources, or from the sediments of inland lakes
12polluted by nonpoint sources, to a level compatible with water quality objectives
13established under this section and which do not have an adverse impact on fish and
14wildlife habitat. The practices, techniques or measures include land acquisition,
15storm sewer rerouting and the removal of structures necessary to install structural
16urban best management practices, facilities for the handling and treatment of
17milkhouse wastewater, repair of fences built using grants under this section and
18measures to prevent or reduce pollutants generated from mine tailings disposal sites
19for which the department has not approved a plan of operation under s. 289.30 or s.
20295.51
.
AB426-ASA1, s. 36 21Section 36. 281.75 (17) (b) of the statutes is amended to read:
AB426-ASA1,17,2422 281.75 (17) (b) This section does not apply to contamination which is
23compensable under subch. II of ch. 107 or s. 293.65 (4) or to contamination arising
24out of mining operations governed by subch. III of ch. 295
.
AB426-ASA1, s. 37 25Section 37. 287.13 (5) (e) of the statutes is amended to read:
AB426-ASA1,18,5
1287.13 (5) (e) Solid waste produced by a commercial business or industry which
2is disposed of or held for disposal in an approved facility, as defined under s. 289.01
3(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
4under s. 295.58,
owned, or leased by the generator and designed and constructed for
5the purpose of accepting that type of solid waste.
AB426-ASA1, s. 38 6Section 38. 289.35 of the statutes is amended to read:
AB426-ASA1,18,12 7289.35 Shoreland and floodplain zoning. Solid waste facilities are
8prohibited within areas under the jurisdiction of shoreland and floodplain zoning
9regulations adopted under ss. 59.692, 61.351, 62.231 and , 87.30, and 281.31, except
10that the department may issue permits authorizing facilities in such areas. If the
11department issues a permit under this section, the permit shall specify the location,
12height, or size of the solid waste facility authorized under the permit.
AB426-ASA1, s. 39 13Section 39. 289.62 (2) (g) 2. and 6. of the statutes are amended to read:
AB426-ASA1,18,1514 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
15taconite tailing solids
, 0.2 cent per ton.
AB426-ASA1,18,1716 6. For nonhazardous waste rock or for nonacid producing taconite waste rock,
170.1 cent per ton.
AB426-ASA1, s. 40 18Section 40. 292.01 (1m) of the statutes is amended to read:
AB426-ASA1,18,2019 292.01 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4)
20and includes a mining waste site as defined in s. 295.41 (31).
AB426-ASA1, s. 41 21Section 41. Chapter 293 (title) of the statutes is amended to read:
AB426-ASA1,18,2222 CHAPTER 293
AB426-ASA1,18,23 23nonferrous METALLIC MINING
AB426-ASA1, s. 42 24Section 42. 293.01 (5) of the statutes is amended to read:
AB426-ASA1,19,7
1293.01 (5) "Mineral exploration" or "exploration", unless the context requires
2otherwise, means the on-site geologic examination from the surface of an area by
3core, rotary, percussion or other drilling, where the diameter of the hole does not
4exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
5establishing the nature of a known nonferrous metallic mineral deposit, and includes
6associated activities such as clearing and preparing sites or constructing roads for
7drilling.
AB426-ASA1, s. 43 8Section 43. 293.01 (7) of the statutes is amended to read:
AB426-ASA1,19,189 293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral,
10liquid, vegetation and other material directly resulting from or displaced by the
11mining, cleaning or preparation of nonferrous metallic minerals during mining
12operations which are determined by the department to be marketable upon a
13showing of marketability made by the operator, accompanied by a verified statement
14by the operator of his or her intent to sell such material within 3 years from the time
15it results from or is displaced by mining. If after 3 years from the time merchantable
16by-product results from or is displaced by mining such material has not been
17transported off the mining site, it shall be considered and regulated as refuse unless
18removal is continuing at a rate of more than 12,000 cubic yards per year.
AB426-ASA1, s. 44 19Section 44. 293.01 (8) of the statutes is repealed.
AB426-ASA1, s. 45 20Section 45. 293.01 (9) of the statutes is amended to read:
AB426-ASA1,19,2421 293.01 (9) "Mining" or "mining operation" means all or part of the process
22involved in the mining of nonferrous metallic minerals, other than for exploration or
23prospecting, including commercial extraction, agglomeration, beneficiation,
24construction of roads, removal of overburden and the production of refuse.
AB426-ASA1, s. 46 25Section 46. 293.01 (12) of the statutes is amended to read:
AB426-ASA1,20,6
1293.01 (12) "Mining site" means the surface area disturbed by a mining
2operation, including the surface area from which the nonferrous metallic minerals
3or refuse or both have been removed, the surface area covered by refuse, all lands
4disturbed by the construction or improvement of haulageways, and any surface areas
5in which structures, equipment, materials and any other things used in the mining
6operation are situated.
AB426-ASA1, s. 47 7Section 47. 293.01 (12m) of the statutes is created to read:
AB426-ASA1,20,108 293.01 (12m) "Nonferrous metallic mineral" means an ore or other earthen
9material to be excavated from the natural deposits on or in the earth for its metallic
10content but not primarily for its iron oxide content.
AB426-ASA1, s. 48 11Section 48. 293.01 (18) of the statutes is amended to read:
AB426-ASA1,20,2412 293.01 (18) "Prospecting" means engaging in the examination of an area for the
13purpose of determining the quality and quantity of nonferrous metallic minerals,
14other than for exploration but including the obtaining of an ore a nonferrous metallic
15mineral
sample, by such physical means as excavating, trenching, construction of
16shafts, ramps and tunnels and other means, other than for exploration, which the
17department, by rule, identifies, and the production of prospecting refuse and other
18associated activities. "Prospecting" shall not include such activities when the
19activities are, by themselves, intended for and capable of commercial exploitation of
20the underlying nonferrous ore body. However, the fact that prospecting activities and
21construction may have use ultimately in mining, if approved, shall not mean that
22prospecting activities and construction constitute mining within the meaning of sub.
23(9), provided such activities and construction are reasonably related to prospecting
24requirements.
AB426-ASA1, s. 49 25Section 49. 293.01 (25) of the statutes is amended to read:
AB426-ASA1,21,6
1293.01 (25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and
2other material, except merchantable by-products, directly resulting from or
3displaced by the prospecting or mining and from the cleaning or preparation of
4nonferrous metallic minerals during prospecting or mining operations, and shall
5include all waste materials deposited on or in the prospecting or mining site from
6other sources.
AB426-ASA1, s. 50 7Section 50. 293.21 (1) (a) of the statutes is amended to read:
AB426-ASA1,21,98 293.21 (1) (a) "Driller" means a person who performs core, rotary, percussion
9or other drilling involved in exploration for nonferrous metallic minerals.
AB426-ASA1, s. 51 10Section 51. 293.25 (2) (a) of the statutes is amended to read:
AB426-ASA1,21,1811 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and
12293.81 and rules promulgated under those sections apply to radioactive waste site
13exploration, to activities related to radioactive waste site exploration and to persons
14engaging in or intending to engage in radioactive waste site exploration or related
15activities in the same manner as those sections and rules are applicable to
16nonferrous metallic mineral exploration, to activities related to nonferrous metallic
17mineral exploration and to persons engaging in or intending to engage in nonferrous
18metallic
mineral exploration or related activities.
AB426-ASA1, s. 52 19Section 52. 293.25 (4) of the statutes is amended to read:
AB426-ASA1,22,320 293.25 (4) Regulation of exploration and related provisions. Sections
21293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
22those sections apply to radioactive waste site exploration, to activities related to
23radioactive waste site exploration and to persons engaging in or intending to engage
24in radioactive waste site exploration or related activities in the same manner as
25those sections and rules are applicable to nonferrous metallic mineral exploration,

1to activities related to nonferrous metallic mineral exploration and to persons
2engaging in or intending to engage in nonferrous metallic mineral exploration or
3related activities.
AB426-ASA1, s. 53 4Section 53. 293.37 (4) (b) of the statutes is amended to read:
AB426-ASA1,22,155 293.37 (4) (b) If the department finds that the anticipated life and total area
6of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
7of the mining site consistent with this chapter requires a comprehensive plan for the
8entire affected area, it shall require an operator to submit with the application for
9a mining permit, amended mining site or change in mining or reclamation plan, a
10comprehensive long-term plan showing, in detail satisfactory to the department, the
11manner, location and time for reclamation of the entire area of contiguous land which
12will be affected by mining and which is owned, leased or under option for purchase
13or lease by the operator at the time of application. Where a nonferrous metallic
14mineral deposit lies on or under the lands of more than one operator, the department
15shall require the operators to submit mutually consistent comprehensive plans.
AB426-ASA1, s. 54 16Section 54. 293.47 (1) (b) of the statutes is amended to read:
AB426-ASA1,22,2117 293.47 (1) (b) "Geologic information" means information concerning
18descriptions of an a nonferrous ore body, descriptions of reserves, tonnages and
19grades of nonferrous ore, descriptions of a drill core or bulk sample including
20analysis, descriptions of drill hole depths, distances and similar information related
21to the nonferrous ore body.
AB426-ASA1, s. 55 22Section 55. 293.50 (1) (b) of the statutes is amended to read:
AB426-ASA1,22,2423 293.50 (1) (b) "Sulfide ore body" means a mineral deposit in which nonferrous
24metals are mixed with sulfide minerals.
AB426-ASA1, s. 56 25Section 56. 293.50 (2) (intro.) of the statutes is amended to read:
AB426-ASA1,23,3
1293.50 (2) (intro.) Beginning on May 7, 1998, the department may not issue a
2permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of
3the following conditions are satisfied:
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