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.
AB426-ASA1,48,66 (d) Developing solutions to mining-induced growth problems.
AB426-ASA1,48,77 (e) Recommending priorities for local action.
AB426-ASA1,48,108 (f) Formulating recommendations to the investment and local impact fund
9board regarding distribution of funds under s. 70.395 (2) (g) related to mining for
10ferrous minerals.
AB426-ASA1,48,1111 (g) Negotiating a local agreement under sub. (1m).
AB426-ASA1,48,18 12(1m) A county, town, village, city, or tribal government that requires an
13operator to obtain an approval or permit under a zoning or land use ordinance and
14a county, town, village, or city in which any portion of a proposed mining site is
15located may, individually or in conjunction with other counties, towns, villages,
16cities, or tribal governments, enter into one or more agreements with an operator for
17the development of a mining operation. The local agreement may include any of the
18following:
AB426-ASA1,48,2019 (a) A legal description of the land subject to the agreement and the names of
20its legal and equitable owners.
AB426-ASA1,48,2121 (b) The duration of the agreement.
AB426-ASA1,48,2222 (c) The uses permitted on the land.
AB426-ASA1,48,2523 (d) A description of any conditions, terms, restrictions, or other requirements
24determined to be necessary by the county, town, village, city, or tribal government for
25the public health, safety, or welfare of its residents.
AB426-ASA1,49,2
1(e) A description of any obligation undertaken by the county, town, village, city,
2or tribal government to enable the development to proceed.
AB426-ASA1,49,43 (f) The applicability or nonapplicability of county, town, village, city, or tribal
4ordinances, approvals, or resolutions.
AB426-ASA1,49,55 (g) A provision for the amendment of the agreement.
AB426-ASA1,49,76 (h) Other provisions determined to be reasonable and necessary by the parties
7to the agreement.
AB426-ASA1,49,14 8(2) A county, town, village, city, or tribal government affected in common with
9another county, town, village, city, or tribal government by a proposed or existing
10mine may cooperatively designate or establish a joint committee, but may also
11maintain a separate committee under sub. (1). Committees under this section may
12include representatives of affected units of government, business, and industry,
13manpower, health, protective or service agencies, school districts, or environmental
14and other interest groups or other interested parties.
AB426-ASA1,49,20 15(3) Persons applying for an exploration license under s. 295.44 shall thereafter
16appoint a liaison person to any committee established under sub. (1) or (2), and shall
17provide such reasonable information as is requested by the committee. Operators
18and persons applying for an exploration license under s. 295.44 shall thereafter
19make reasonable efforts to design and operate mining operations in harmony with
20community development objectives.
AB426-ASA1,50,8 21(4) Committees established under sub. (1) or (2) may be funded by their
22appointing authority, and may, through their appointing authority, submit a request
23for operating funds to the investment and local impact fund board under s. 70.395.
24Committees established under sub. (1) shall be eligible for funds only if the county,
25town, village or city is also a participant in a joint committee, if any, established

1under sub. (2). The investment and local impact fund board may not grant funds for
2the use of more than one committee established under sub. (1) in relation to a
3particular mining proposal unless a joint committee has been established under sub.
4(2). The investment and local impact fund board shall grant operating funds to any
5committee that submits a request and is eligible under this subsection and s. 70.395
6(2) (fm). Committees may hire staff, enter into contracts with private firms or
7consultants or contract with a regional planning commission or other agency for staff
8services for mining-related purposes or the purposes under s. 70.395 (2) (fm).
AB426-ASA1,50,15 9295.45 Bulk sampling plan. (1) A person who intends to engage in bulk
10sampling may file a bulk sampling plan with the department. The collection of data
11under a bulk sampling plan may include sampling and analysis related to
12geophysical, geochemical, groundwater, and surface water conditions, as well as any
13other data or studies necessary to prepare an application for a mining permit,
14including the mining plan, reclamation plan, mining waste site feasibility study and
15plan of operation, or any other approval required for the proposed mining.
AB426-ASA1,50,16 16(2) A person shall include all of the following in a bulk sampling plan:
AB426-ASA1,50,2017 (a) A description and map of the bulk sampling site, including the number of
18acres in the site, the number of acres of land that will be disturbed, if any, associated
19with each bulk sampling location, and the locations and types of sampling or studies
20to be conducted at each bulk sampling location.
AB426-ASA1,50,2121 (b) A description of the methods to be used for the bulk sampling.
AB426-ASA1,50,2422 (c) A site-specific plan for controlling surface erosion that conforms to
23requirements under ss. 281.33 (3) and 283.33 and that identifies how impacts to
24plant and wildlife habitats will be avoided or minimized to the extent practicable.
AB426-ASA1,51,5
1(d) A revegetation plan for each area where bulk sampling will be performed
2that describes how adverse impacts to the environment will be avoided or minimized
3to the extent practicable and how the site will be revegetated and stabilized and that
4identifies how adverse impacts to plant and wildlife habitats will be avoided or
5minimized to the extent practicable.
AB426-ASA1,51,76 (e) The estimated time for completing the bulk sampling and revegetation of
7the bulk sampling locations.
AB426-ASA1,51,108 (f) A description of any known adverse environmental impacts that are likely
9to be caused by the bulk sampling and how those impacts will be avoided or
10minimized to the extent practicable.
AB426-ASA1,51,1611 (g) A description of any adverse effects, as defined in s. 44.31 (1), that the bulk
12sampling might have on any historic property, as defined in s. 44.31 (3), that is a
13listed property, as defined in s. 44.31 (4), that is on the Wisconsin inventory of historic
14places, as defined in s. 44.31 (12), or that is on the list of locally designated historic
15places under s. 44.45; or any scenic or recreational areas; and plans to avoid or
16minimize those adverse effects to the extent practicable.
AB426-ASA1,51,24 17(2m) The department shall protect as confidential any information, other than
18effluent data, contained in a bulk sampling plan and in any application for an
19approval that is required before the bulk sampling may be implemented, upon a
20showing that the information is entitled to protection as a trade secret, as defined in
21s. 134.90 (1) (c), and any information relating to the location, quality, or quantity of
22a ferrous mineral deposit, to production or sales figures, or to processes or production
23unique to the applicant or that would tend to adversely affect the competitive
24position of the applicant if made public.
AB426-ASA1,52,8
1(3) Within 14 days of receipt of a bulk sampling plan, the department shall
2identify for the applicant, in writing, all approvals that are required before the bulk
3sampling may be implemented, any waivers, exemptions, or exceptions to those
4approvals that are potentially available, and any information that the department
5needs to issue the approvals or to issue a decision on any waiver, exemption, or
6exception. If no approvals are required, the department shall notify the applicant
7that no approvals are required and that the applicant may proceed with the bulk
8sampling.
AB426-ASA1,52,12 9(3e) If a storm water discharge permit under s. 283.33 (1) (a) or a water quality
10certification under rules promulgated under subch. II of ch. 281 to implement 33
11USC 1341
(a) is required before bulk sampling may be implemented, the person filing
12the bulk sampling plan may apply for and be issued the permit or certification.
AB426-ASA1,52,16 13(3m) The department shall act on any required construction site erosion
14control and storm water management approval, notwithstanding any authorization
15by the department of a local program to administer construction site erosion control
16and storm water management requirements.
AB426-ASA1,52,17 17(3s) An applicant shall submit all of the following at the same time:
AB426-ASA1,52,1818 (a) Applications for individual approvals identified under sub. (3).
AB426-ASA1,52,2019 (b) Applications for coverage under general permits or registration permits
20identified under sub. (3).
AB426-ASA1,52,2221 (c) Applications for waivers, exemptions, or exceptions identified under sub.
22(3).
AB426-ASA1,52,2323 (d) A bond, as provided in sub. (5).
AB426-ASA1,53,7 24(4) (a) Notwithstanding any provision in ch. 23, 29, 30, 169, 281, 283, 285, 289,
25or 291 or in a rule promulgated under those chapters that is applicable to an approval

1identified under sub. (3), the application for any approval, for a waiver, exemption,
2or exception to an approval, or for a determination that the proposed bulk sampling
3activity is below the threshold that requires an approval, is considered to be complete
4on the 30th day after the department receives the application, unless, before that
5day, the department provides the applicant with written notification that the
6application is not complete, stating the reason for the determination and describing
7the specific information necessary to make the application complete.
AB426-ASA1,53,108 (b) If the department provides a notice under par. (a), the applicant shall
9supplement the application by providing the specified information. The application
10is complete when the applicant provides the information.
AB426-ASA1,53,1511 (c) If the department determines that the issuance of an approval is contingent
12upon the issuance of a permit under s. 29.604 (6m), and if the application for the
13permit under s. 29.604 (6m) is filed with the approval application, the department
14may not determine that the approval application is incomplete on the basis that the
15department has not yet issued the permit under s. 29.604 (6m).
AB426-ASA1,53,21 16(5) (a) A person who intends to engage in bulk sampling shall submit with the
17bulk sampling plan a bond in the amount of $5,000 that is conditioned on faithful
18performance of the requirements of this section, that is issued by a surety company
19licensed to do business in this state, and that provides that the bond may not be
20canceled by the surety, except after not less than 90 days' notice to the department
21in writing by registered or certified mail.
AB426-ASA1,54,222 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
23the person who filed the bulk sampling plan shall deliver a replacement bond at least
2430 days before the expiration of the 90-day notice period. If the person fails to submit

1a replacement bond, the person may not engage in bulk sampling until the person
2submits a replacement bond.
AB426-ASA1,54,73 (c) If the license of the surety company for a bond submitted under par. (a) is
4revoked or suspended, the person who filed the bulk sampling plan, within 30 days
5after receiving written notice from the department, shall deliver a replacement bond.
6If the person fails to submit a replacement bond, the person may not engage in bulk
7sampling until the person submits a replacement bond.
AB426-ASA1,54,118 (d) The department may require that the amount of the bond submitted under
9this subsection be increased at any time, if the department determines that it is
10unlikely that the bond would be adequate to fund the cost to this state of completing
11the revegetation plan.
AB426-ASA1,54,1512 (e) The department shall release a bond submitted under this subsection one
13year after the time for completing the bulk sampling and the revegetation set forth
14in the bulk sampling plan if the department determines that the person who engaged
15in bulk sampling has complied with this section.
AB426-ASA1,54,23 16(6) (a) If the department determines that proposed bulk sampling will have an
17adverse effect, as defined in s. 44.31 (1), on a historic property, as defined in s. 44.31
18(3), that is a listed property, as defined in s. 44.31 (4), that is on the Wisconsin
19inventory of historic places, as defined in s. 44.31 (12), or that is on the list of locally
20designated historic places under s. 44.45, but that the applicant is taking measures
21to minimize that adverse effect, no notice to the state historic preservation officer
22under s. 44.40 (1) or negotiations between the department and state historic
23preservation officer under s. 44.40 (3) are required.
AB426-ASA1,55,324 (b) If an adverse effect described in par. (a) cannot practicably be minimized,
25any negotiations between the department and state historic preservation officer

1shall be concluded no later than 60 days after the date on which the application for
2the approval that authorizes the bulk sampling activity that will have an adverse
3effect is considered to be complete under sub. (4).
AB426-ASA1,55,6 4(7) Notwithstanding any provision in ch. 23, 29, 30, 169, 281, 283, 285, 289, or
5291 or a rule promulgated under those chapters applicable to an approval identified
6under sub. (3), all of the following apply:
AB426-ASA1,55,117 (a) When considering an application for an approval identified under sub. (3),
8the department shall recognize the fixed location of the metallic mineral deposits,
9the water needs inherent in mining, and the need for mining waste sites and
10processing facilities, including wastewater and sludge storage or treatment lagoons,
11to be contiguous to the location of the ferrous mineral deposits.
AB426-ASA1,55,1412 (b) When issuing an approval, the department shall require the bulk sampling
13activity for which the approval is issued to be conducted at locations that result in
14the fewest overall adverse environmental impacts, to the extent practicable.
AB426-ASA1,55,19 15(8) In determining whether to approve or deny an application for an approval
16identified under sub. (3), the department shall consider the site-specific erosion
17control plan, the revegetation plan, and any compensation or mitigation under s.
18295.60, any measures under s. 295.605, or any conservation measures under s.
19295.61 that the applicant proposes to take.
AB426-ASA1,55,24 20(9) Notwithstanding any inconsistent period in ch. 23, 29, 30, 169, 281, 283,
21285, 289, or 291 or in a rule promulgated under those chapters that is applicable to
22an approval identified under sub. (3), the department shall approve or deny the
23application within 30 days after the day on which the application is considered to be
24complete under sub. (4) if any of the following apply:
AB426-ASA1,56,3
1(a) The application is for a waiver, exemption, or exception to an approval for
2a bulk sampling activity or for a determination that the proposed bulk sampling
3activity is below the threshold that requires an approval.
AB426-ASA1,56,54 (b) The application is for a determination of eligibility for coverage under a
5general permit or a registration permit.
AB426-ASA1,56,13 6(10) (a) Notwithstanding any inconsistent period in ch. 23, 29, 30, 169, 281,
7283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
8to an approval identified under sub. (3), the department shall approve or deny any
9application for an approval identified under sub. (3) to which sub. (9) does not apply
10within 60 days after the date on which the application is considered to be complete
11under sub. (4), unless the application is for an individual permit for which federal law
12requires the opportunity for public comment or the ability to request a public hearing
13prior to issuance of the approval.
AB426-ASA1,56,2114 (b) The department shall publish a class 1 notice, under ch. 985, that describes
15the availability of information concerning the activity for which an approval
16described in par. (a) is required, its proposed decision, its draft approval, information
17or summaries related to the approval, the department's analyses and preliminary
18determinations relating to the approval, the preapplication description under s.
19295.46, any additional information that a law concerning the approval requires to be
20made available, and the opportunity to submit written comments within 30 days
21after the notice is published.
AB426-ASA1,57,222 (c) In the notice under par. (b), the department shall also specify the date, time,
23and location of the public informational hearing. The department shall send the
24notice to any person to whom the department is required to give notice of any

1proposed determination, application, or hearing concerning an approval described
2in par. (a) under the laws relating to the issuance of the approval.
AB426-ASA1,57,93 (d) If there is more than one approval described in par. (a), the department shall
4issue one notice and coordinate the public comment period for all of the approvals.
5If possible, the department shall coordinate the notice and the public comment
6period for an approval that is an individual permit for which federal law requires the
7opportunity for public comment or the ability to request a public hearing prior to
8issuance of the approval with notice and the public comment period for the approvals
9described in par. (a).
AB426-ASA1,57,2010 (e) The department shall hold a public informational hearing within 30 days
11after publishing the notice under par. (b). The department shall hold the public
12informational hearing in the county where the majority of the proposed bulk
13sampling site is located. If there is more than one approval described in par. (a), the
14department shall hold a single public informational hearing covering all of the
15approvals and the preapplication description under s. 295.46. If possible, the
16department shall include consideration of an approval that is an individual permit
17for which federal law requires the opportunity for public comment or the ability to
18request a public hearing prior to issuance of the approval in the public informational
19hearing under this paragraph. The public informational hearing under this
20paragraph is not a contested case hearing under ch. 227.
AB426-ASA1,58,2 21(10g) (a) If it is not possible to coordinate the public comment period and public
22informational hearing for an approval that is an individual permit for which federal
23law requires the opportunity for public comment or the ability to request a public
24hearing prior to issuance of the approval with the public comment period and public
25informational hearing under sub. (10), the department shall issue a separate public

1notice and hold a separate public informational hearing for the approval in
2accordance with the law governing the approval.
AB426-ASA1,58,53 (b) The department shall approve or deny the application for an approval to
4which par. (a) applies within 180 days after the date on which the application is
5considered to be complete under sub. (4).
AB426-ASA1,58,7 6(10r) An approval identified under sub. (3) is issued upon mailing and is final
7and effective upon issuance.
AB426-ASA1,58,10 8(11) The department is not required to prepare an environmental impact
9statement or an environmental assessment for an approval required for bulk
10sampling.
AB426-ASA1,58,18 11295.46 Preapplication description. (1) A person who files a bulk sampling
12plan under s. 295.45 with regard to a proposed mining project shall file, together with
13the bulk sampling plan, a general description of the proposed mining project. A
14person who proposes to engage in a mining project, but who does not file a bulk
15sampling plan, shall file a general description of the proposed mining project with
16the department at the time that the person provides the notice of intent to file an
17application for a mining permit under s. 295.465. The general description shall
18include all of the following:
AB426-ASA1,58,1919 (a) A description of the proposed mining site.
AB426-ASA1,58,2020 (b) A map that shows all of the following:
AB426-ASA1,58,2221 1. The boundaries of the area of land that will be affected by the proposed
22mining project.
AB426-ASA1,58,2423 2. The location and names of all streams, roads, railroads, pipelines, and utility
24lines on or within 1,000 feet of the proposed mining site.
AB426-ASA1,58,2525 3. The name or names of the owner or owners of the proposed mining site.
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