AB426-ASA1,34,1817 (c) "Concrete grout" means a mixture consisting of type A portland cement and
18an equal or lesser volume of dry sand combined with water.
AB426-ASA1,34,2019 (d) "Driller" means a person who performs core, rotary, percussion, or other
20drilling involved in exploration for ferrous minerals.
AB426-ASA1,34,2221 (e) "Drilling site" means the area disturbed by exploration, including the
22drillhole.
AB426-ASA1,34,2423 (f) "Dump bailer" means a cylindrical container with a valve that empties the
24contents of the container at the bottom of a drillhole.
AB426-ASA1,35,2
1(g) "Explorer" means any person who engages in exploration or who contracts
2for the services of drillers for the purpose of exploration.
AB426-ASA1,35,103 (h) "Exploration" means the on-site geologic examination from the surface of
4an area by core, rotary, percussion, or other drilling, where the diameter of the hole
5does not exceed 18 inches, for the purpose of searching for ferrous minerals or
6establishing the nature of a known ferrous mineral deposit, including associated
7activities such as clearing and preparing sites or constructing roads for drilling.
8"Exploration" does not include drilling for the purpose of collecting soil samples or
9for determining radioactivity by means of placement of devices that are sensitive to
10radiation.
AB426-ASA1,35,1211 (i) "License year" means the period beginning on July 1 of any year and ending
12on the following June 30.
AB426-ASA1,35,1413 (j) "Neat cement grout" means a mixture consisting of type A portland cement
14and water.
AB426-ASA1,35,1615 (k) "Termination" means the filling of drillholes and the reclamation of a
16drilling site.
AB426-ASA1,35,22 17(2) License. No person may engage in exploration, or contract for the services
18of drillers for purposes of exploration, without an annual license from the
19department. The department shall provide copies of the application for an
20exploration license to the state geologist upon issuance of the exploration license. A
21person seeking an exploration license shall file an application that includes all of the
22following:
AB426-ASA1,35,2323 (a) An exploration plan that includes all of the following:
AB426-ASA1,35,2524 1. A description of the site where the exploration will take place and a map of
25that area showing the locations of the exploration.
AB426-ASA1,36,1
12. A description of the means and method that will be used for the exploration.
AB426-ASA1,36,32 3. A description of the grading and stabilization of the excavation, sides, and
3benches that will be conducted.
AB426-ASA1,36,54 4. A description of how the grading and stabilization of any deposits of refuse
5will be conducted.
AB426-ASA1,36,76 5. A description of how any diversion and drainage of water from the
7exploration site will be conducted.
AB426-ASA1,36,88 6. A description of how any backfilling will be conducted.
AB426-ASA1,36,109 7. A description of how any pollutant-bearing minerals or materials will be
10covered.
AB426-ASA1,36,1211 8. A description of how the topsoils will be removed and stockpiled or how other
12measures will be taken to protect topsoils before exploration.
AB426-ASA1,36,1313 9. A description of how vegetative cover will be provided.
AB426-ASA1,36,1414 10. A description of how any water impoundment will be accomplished.
AB426-ASA1,36,1615 11. Identification of the means and method that will be used to prevent
16significant environmental pollution to the extent practicable.
AB426-ASA1,36,1817 (b) A reclamation plan, designed to minimize adverse effects to the
18environment to the extent practicable, that includes all of the following:
AB426-ASA1,36,2119 1. A description of how all toxic and hazardous wastes and other solid waste
20will be disposed of in solid or hazardous waste disposal facilities licensed under ch.
21289 or 291 or otherwise in an environmentally sound manner.
AB426-ASA1,36,2322 2. A description of how topsoil will be preserved for purposes of future use in
23reclamation.
AB426-ASA1,36,2524 3. A description of how revegetation will be conducted to stabilize disturbed
25soils and prevent air and water pollution to the extent practicable.
AB426-ASA1,37,2
14. A description of how disturbance to wetlands will be minimized to the extent
2practicable.
AB426-ASA1,37,33 5. A statement that all drillholes will be abandoned in compliance with sub. (5).
AB426-ASA1,37,44 (c) An exploration license fee of $300.
AB426-ASA1,37,55 (d) A bond, as provided in sub. (3) (a).
AB426-ASA1,37,116 (e) A certificate of insurance showing that the applicant has in force a liability
7insurance policy issued by an insurance company licensed to do business in this state
8covering all exploration conducted or contracted for by the explorer in this state and
9affording personal injury and property damage protection in a total amount
10determined to be adequate by the department, but not more than $1,000,000 and not
11less than $50,000.
AB426-ASA1,37,1512 (f) A copy of the applicant's most recent annual report to the federal securities
13and exchange commission on form 10-K, or, if this is not available, a report of the
14applicant's current assets and liabilities or other data necessary to establish that the
15applicant is competent to conduct exploration in this state.
AB426-ASA1,37,22 16(2m) Confidentiality. The department shall protect as confidential any
17information, other than effluent data, contained in an application for an exploration
18license, upon a showing that the information is entitled to protection as a trade
19secret, as defined in s. 134.90 (1) (c), and any information relating to the location,
20quality, or quantity of a ferrous mineral deposit, to production or sales figures, or to
21processes or production unique to the applicant or that would tend to adversely affect
22the competitive position of the applicant if made public.
AB426-ASA1,38,3 23(3) Bond. (a) An applicant shall submit, as part of the application for an
24exploration license, a bond in the amount of $5,000 that is conditioned on faithful
25performance of the requirements of this section, that is issued by a surety company

1licensed to do business in this state, and that provides that the bond may not be
2canceled by the surety, except after not less than 90 days' notice to the department
3in writing by registered or certified mail.
AB426-ASA1,38,84 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
5the explorer shall deliver a replacement bond at least 30 days before the expiration
6of the 90 day notice period. If the explorer fails to submit a replacement bond, the
7explorer may not engage in exploration until the explorer submits a replacement
8bond.
AB426-ASA1,38,139 (c) If the license of the surety company for a bond submitted under par. (a) is
10revoked or suspended, the explorer, within 30 days after receiving written notice
11from the department, shall deliver a replacement bond. If the explorer fails to submit
12a replacement bond, the explorer may not engage in exploration until the explorer
13submits a replacement bond.
AB426-ASA1,38,1714 (d) The department may require that the amount of the bond submitted under
15this subsection be increased at any time, if the department determines that the level
16of activity by the explorer makes it likely that the bond would be inadequate to fund
17the termination of all drillholes for which the explorer is responsible.
AB426-ASA1,38,2118 (e) The department shall release a bond submitted under this subsection one
19year after the issuance of the last certificate of completion of exploration under sub.
20(9) (c) 3. if the explorer no longer holds an exploration license and the department
21determines that the explorer has complied with this section.
AB426-ASA1,39,5 22(4) Issuance or denial of exploration license. (a) Except as provided in par.
23(c), within 10 business days of receiving an administratively complete application for
24an exploration license, the department shall issue the exploration license or provide
25the notice required under par. (f) of intent not to issue the exploration license, unless

1the application is for an upcoming license year. If an application is for an upcoming
2license year, the department shall issue the exploration license or provide the notice
3required under par. (f) of intent not to issue the exploration license within 10
4business days of receiving an administratively complete application or on the next
5July 1, whichever is later.
AB426-ASA1,39,186 (b) An application for an exploration license is considered to be
7administratively complete on the day that it is submitted, unless, before the 10th
8business day after receiving the application, the department provides the applicant
9with written notification that the application is not administratively complete. The
10department may determine that an application is not administratively complete only
11if the application does not include an exploration plan; a reclamation plan; an
12exploration license fee; a bond; a certificate of insurance; or a copy of the applicant's
13most recent annual report to the federal securities and exchange commission on form
1410-K, or, if this is not available, a report of the applicant's current assets and
15liabilities or other data necessary to establish that the applicant is competent to
16conduct exploration in this state. The department may not consider the quality of
17the information provided. In a notice provided under this paragraph, the
18department shall identify what is missing from the application.
AB426-ASA1,40,219 (c) If the department provides notification, in compliance with par. (b), that an
20application is not administratively complete, the department shall issue the
21exploration license or provide the notice required under par. (f) of intent not to issue
22the license within 7 business days of receipt of the missing item, unless the
23application is for an upcoming license year. If the application is for an upcoming
24license year, the department shall issue the exploration license or provide the notice

1required under par. (f) of intent not to issue the exploration license within 7 business
2days of receipt of the missing item or on the next July 1, whichever is later.
AB426-ASA1,40,73 (d) If the department does not comply with par. (a) or (c), the application is
4automatically approved and the department shall issue an exploration license that
5includes the requirements in sub. (5). The explorer may engage in exploration based
6on the automatic approval, notwithstanding any delay by the department in issuing
7the license.
AB426-ASA1,40,128 (e) Subject to par. (f), the department shall deny an application for an
9exploration license if the department finds that, after the activities in the exploration
10plan and the reclamation plan have been completed, the exploration will have a
11substantial and irreparable adverse impact on the environment or present a
12substantial risk of injury to public health and welfare.
AB426-ASA1,41,213 (f) Before denying an application, the department shall provide the applicant
14with written notification of its intent not to issue the exploration license, setting
15forth all of the reasons for its intent not to issue the exploration license, including
16reference to competent evidence supporting its position. The department shall
17provide the person with an opportunity to correct any deficiencies in the exploration
18plan or restoration plan within 10 business days. If the person amends the
19exploration plan or reclamation plan and corrects the deficiencies, the department
20shall issue the exploration license within 10 business days of receipt of the amended
21exploration plan or reclamation plan, unless the application is for an upcoming
22license year. If an application is for an upcoming license year, the department shall
23issue the exploration license within 10 business days of receipt of the amended
24exploration plan or reclamation plan or on the next July 1, whichever is later. If the
25department determines that the deficiencies have not been corrected, it shall deny

1the application, in writing, setting forth all of the reasons for its determination,
2including reference to competent evidence supporting the determination.
AB426-ASA1,41,4 3(5) Requirements in exploration license. The department shall include all of
4the following in an exploration license:
AB426-ASA1,41,85 (a) A requirement that if the explorer wishes to temporarily abandon a drillhole
6so that the explorer may use the drillhole for future exploration, the explorer leave
7the well casing in place and seal the upper end of the casing with a watertight
8threaded or welded cap.
AB426-ASA1,41,119 (b) A requirement to permanently abandon a drillhole 4 inches in diameter or
10smaller by filling the drillhole from the bottom upward to the surface of the ground
11with concrete grout or neat cement grout.
AB426-ASA1,41,1412 (c) A requirement to abandon a drillhole larger than 4 inches in diameter by
13filling the drillhole from the bottom upward to the surface of the ground with
14concrete grout or neat cement grout or in one of the following ways:
AB426-ASA1,41,2215 1. If the drillhole is constructed in limestone, dolomite, shale, or Precambrian
16formations, such as granite, gabbro, gneiss, schist, slate, greenstone, or quartzite, by
17filling the drillhole with gravel or crushed rock or, if it is physically impracticable to
18use gravel or crushed rock and if the department approves, with clay slurry, from the
19bottom upward to a point 20 feet below the top of the first rock formation encountered
20below the surface of the ground or to at least 40 feet below the surface of the ground,
21whichever is the greater depth, and filling the remainder of the drillhole with
22concrete grout or neat cement grout.
AB426-ASA1,42,423 2. If the drillhole is constructed in sandstone formation, by filling the drillhole
24with disinfected sand or pea gravel or, if it is physically impracticable to use sand or
25pea gravel and if the department approves, with clay slurry, from the bottom upward

1to a point 20 feet below the top of the first rock formation encountered below the
2surface of the ground or to at least 40 feet below the surface of the ground, whichever
3is the greater depth, and filling the remainder of the drillhole with concrete grout or
4neat cement grout.
AB426-ASA1,42,85 3. If the drillhole is constructed in glacial drift or other unconsolidated
6formation, by filling the hole with clean clay slurry to a point 20 feet below the surface
7of the ground and filling the remainder of the drillhole with concrete grout or neat
8cement grout.
AB426-ASA1,42,129 4. If the drillhole is constructed in mixed rock types, by filling the drillhole as
10provided in subds. 1., 2., and 3., and providing a concrete grout or neat cement grout
11plug that extends at least 20 feet above and below the point of surface contact
12between each recognized geologic rock type.
AB426-ASA1,42,1413 (d) 1. A requirement to use a conductor pipe or, when practical, a dump bailer
14when filling a drillhole.
AB426-ASA1,42,1715 2. A requirement to keep the bottom end of the conductor pipe submerged in
16concrete grout or neat cement grout at all times when concrete grout or neat cement
17grout is placed under water using a conductor pipe.
AB426-ASA1,42,2118 3. A requirement to fill the drillhole at the same time that all or part of the
19drillhole casing is removed from an unconsolidated formation, such as sand or gravel,
20that will not remain open upon abandonment of a drillhole and to keep the end of the
21casing below the surface of the fill material throughout the operation.
AB426-ASA1,42,2522 (e) A requirement to obtain approval from the department of the method of
23containing the flow from, and the method of eventual abandonment of, a drillhole
24that penetrates an aquifer under artesian pressure so that the groundwater flows at
25the surface of the ground.
AB426-ASA1,43,2
1(6) Renewals. (a) An explorer wishing to renew an exploration license shall
2file with the department a renewal application that includes all of the following:
AB426-ASA1,43,33 1. A renewal fee of $150.
AB426-ASA1,43,44 2. A bond that satisfies sub. (3) (a).
AB426-ASA1,43,55 3. A certificate of insurance that satisfies sub. (2) (e).
AB426-ASA1,43,96 4. A copy of the applicant's most recent annual report to the federal securities
7and exchange commission on form 10-K, or, if this is not available, a report of the
8applicant's current assets and liabilities or other data necessary to establish that the
9applicant is competent to conduct exploration in this state.
AB426-ASA1,43,1210 5. Either a statement that no changes are being proposed to the exploration
11plan and reclamation plan previously approved by the department or a new
12exploration plan or reclamation plan if the applicant proposes to make changes.
AB426-ASA1,43,1613 (b) Except as provided in par. (d), within 10 business days of receiving an
14administratively complete application for renewal of an exploration license, the
15department shall renew the exploration license or provide the notice, required under
16par. (g), of intent not to renew the exploration license.
AB426-ASA1,44,617 (c) An application for renewal of an exploration license is considered to be
18administratively complete on the day that it is submitted, unless, before the 10th
19business day after receiving the application, the department provides the explorer
20with written notification that the application is not administratively complete. The
21department may determine that an application is not administratively complete only
22if the application does not include a renewal fee; a bond; a certificate of insurance;
23a copy of the applicant's most recent annual report to the federal securities and
24exchange commission on form 10-K, or, if this is not available, a report of the
25applicant's current assets and liabilities or other data necessary to establish that the

1applicant is competent to conduct exploration in this state; or either a statement that
2no changes are being proposed to the exploration plan and reclamation plan
3previously approved by the department or a new exploration plan or reclamation
4plan if the applicant proposes to make changes. The department may not consider
5the quality of any information provided. In a notice provided under this paragraph,
6the department shall identify what is missing from the application.
AB426-ASA1,44,107 (d) If the department provides notification, in compliance with par. (c), that an
8application is not administratively complete, the department shall renew the
9exploration license or provide the notice, required under par. (g), of intent not to
10renew the exploration license within 7 business days of receipt of the missing item.
AB426-ASA1,44,1211 (e) If the department does not comply with par. (b) or (d), the application for
12renewal is automatically approved.
AB426-ASA1,44,1813 (f) Subject to par. (g), the department shall deny an application for renewal of
14an exploration license only if the applicant has filed a new exploration plan or
15reclamation plan and the department finds that the exploration, after completion of
16the new exploration plan and the new reclamation plan, will have a substantial and
17irreparable adverse impact on the environment or present a substantial risk of injury
18to public health and welfare.
AB426-ASA1,45,519 (g) Before denying an application, the department shall provide the person who
20submitted the application with written notification of its intent not to renew the
21exploration license, setting forth all of the reasons for its intent not to renew the
22exploration license, including reference to competent evidence supporting its
23position. The department shall provide the person with an opportunity to correct any
24deficiencies in the exploration plan or restoration plan within 10 business days. If
25the person amends the exploration plan or reclamation plan and corrects the

1deficiencies, the department shall renew the exploration license within 10 business
2days of receipt of the amended exploration plan or reclamation plan. If the
3department determines that the deficiencies have not been corrected, it shall deny
4the application, in writing, setting forth all of the reasons for it's determination,
5including reference to competent evidence supporting the determination.
AB426-ASA1,45,76 (h) The renewal of an exploration license takes effect on the date of issuance
7and expires on the following June 30.
AB426-ASA1,45,10 8(7) Revocation or suspension of exploration license. After a hearing, the
9department may revoke or suspend an exploration license if it determines that any
10of the following apply:
AB426-ASA1,45,1211 (a) The explorer has not complied with a statute, a rule promulgated by the
12department, or a condition in the exploration license.
AB426-ASA1,45,1413 (b) The explorer has failed to increase bond amounts to adequate levels as
14provided under sub (3) (d).
AB426-ASA1,45,21 15(8) Notice procedure. (a) An explorer shall notify the department of the
16explorer's intent to drill on a parcel by registered mail at least 5 days prior to the
17beginning of drilling. Notice is considered to be given on the date that the
18department receives the notice. In the notice, the explorer shall specify which
19drillholes identified in the exploration plan the explorer intends to drill. The
20explorer shall send the notice to the subunit of the department with authority over
21mine reclamation.
AB426-ASA1,45,2522 (b) A notice of intent to drill provided under par. (a) remains in effect for one
23year beginning on the date that the department receives the notice. If the explorer
24wishes to continue drilling on the parcel after the notice is no longer in effect, the
25explorer shall resubmit a notice of intent to drill on the parcel.
AB426-ASA1,46,7
1(9) Reports. (a) Within 10 days after completing the temporary or permanent
2abandonment of a drillhole, an explorer shall file with the department an
3abandonment report that describes the means and method used in the abandonment
4and is signed by an authorized representative of the explorer attesting to the
5accuracy of the information contained in the report. The explorer shall submit the
6abandonment report to the department's district office for the district in which the
7drilling site is located.
AB426-ASA1,46,128 (b) After permanent abandonment of a drillhole and regrading and
9revegetation of the drilling site, an explorer shall notify the department of
10completion of termination of the drilling site. The explorer shall submit the notice,
11in writing, to the department's district office for the district in which the drilling site
12is located.
AB426-ASA1,46,1913 (c) 1. After receipt of a notice under par. (b), the department shall notify the
14explorer in writing whether the termination is satisfactory or unsatisfactory. If the
15termination is unsatisfactory, the department shall inform the explorer of the
16necessary corrective measures. Following the completion of corrective measures, the
17explorer shall file written notice with the department's district office for the district
18in which the drilling site is located specifying the means and method used and
19stating that termination is complete.
AB426-ASA1,46,2220 2. If an explorer fails to comply with corrective measures identified under subd.
211., the department may suspend the explorer's exploration license in accordance with
22sub. (7).
AB426-ASA1,46,2523 3. Upon satisfactory completion of termination of a drilling site, the
24department shall issue a certificate of completion. The department may not issue a
25certificate of completion for a drilling site that has only been temporarily abandoned.
AB426-ASA1,47,7
1(10) Drilling fees. Upon the submission of a report under sub. (9) (a) of
2temporary abandonment of a drillhole, if the drillhole is temporarily abandoned, or
3upon submission of a report under sub. (9) (a) of permanent abandonment of a
4drillhole, if the drillhole is not temporarily abandoned, the explorer shall pay a fee
5to the department. The fee is $100 per drillhole for the first 20 drillholes for which
6a report is filed in a license year and $50 for each subsequent drillhole for which a
7report is filed in that license year.
AB426-ASA1,47,13 8(11) Inspections. (a) Any duly authorized officer, employee, or representative
9of the department may enter and inspect any property, premises, or place on or at
10which exploration is being performed at any reasonable time for the purpose of
11ascertaining the state of compliance with this section. No explorer may refuse entry
12or access to any authorized representative of the department who requests entry for
13the purposes of inspection and who presents appropriate credentials.
AB426-ASA1,47,1514 (b) No person may obstruct, hamper, or interfere with any inspection
15authorized in par. (a).
AB426-ASA1,47,1616 (c) No inspector may obstruct, hamper, or interfere with exploration activities.
AB426-ASA1,47,20 17(12) Exemption. This section does not apply to an operator with a mining
18permit who is engaged in exploration activities on lands included in a mining plan
19and reclamation plan, if the mining plan or reclamation plan contains provisions
20relating to termination of the exploration activities.
AB426-ASA1,47,23 21(13) Environmental analysis not required. The department is not required
22to prepare an environmental impact statement or an environmental assessment for
23an application for an exploration license.
AB426-ASA1,48,2 24295.443 Local impact committee; local agreement. (1) A county, town,
25village, city, or tribal government likely to be substantially affected by potential or

1proposed mining may designate an existing committee, or establish a committee, for
2purposes of:
AB426-ASA1,48,33 (a) Facilitating communications between operators and itself.
AB426-ASA1,48,44 (b) Analyzing implications of mining.
AB426-ASA1,48,55 (c) Reviewing and commenting on reclamation plans.
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