AB1,40 4Section 40. 70.395 (2) (hr) of the statutes is amended to read:
AB1,37,85 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup
6payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and
7(g), sub. (3) and s. ss. 293.65 (5) and 295.61 (9) for noncompliance with this section
8or rules adopted under this section.
AB1,41 9Section 41. 70.395 (2) (hw) of the statutes is amended to read:
AB1,37,1810 70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub.
11(3) or s. ss. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted
12to mining-related purposes who uses the payment for attorney fees may do so only
13for the purposes under par. (g) 6. and for processing mining-related permits or other
14approvals required by the municipality. The board shall recoup or withhold
15payments that are used or proposed to be used by the recipient for attorney fees
16except as authorized under this paragraph. The board may not limit the hourly rate
17of attorney fees for which the recipient uses the payment to a level below the hourly
18rate that is commonly charged for similar services.
AB1,42 19Section 42. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended
20to read:
AB1,38,421 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill,
22or development placed or maintained within any floodplain in violation of a zoning
23ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
24and the creation thereof may be enjoined and maintenance thereof may be abated by
25action at suit of any municipality, the state or any citizen thereof. Any person who

1places or maintains any structure, building, fill or development within any
2floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
361.35 or 62.23 may be fined not more than $50 for each offense. Each day during
4which such violation exists is a separate offense.
AB1,43 5Section 43. 87.30 (2) (b) of the statutes is created to read:
AB1,38,106 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or
7development placed or maintained as part of a mining operation covered by a mining
8permit under s. 295.58 except to the extent that regulation of the placement or
9maintenance of the structure, building, fill, or development is required for
10compliance with a floodplain zoning ordinance as provided under s. 295.607 (3).
AB1,44 11Section 44. 107.001 (1) of the statutes is amended to read:
AB1,38,1812 107.001 (1) "Exploration mining lease" means any lease, option to lease, option
13to purchase or similar conveyance entered into for the purpose of determining the
14presence, location, quality or quantity of metalliferous nonferrous metallic minerals
15or for the purpose of mining, developing or extracting metalliferous nonferrous
16metallic
minerals, or both under ch. 293. Any lease, option to lease, option to
17purchase or similar conveyance entered into by a mining company is rebuttably
18presumed to be an exploration mining lease.
AB1,45 19Section 45. 107.001 (2) of the statutes is repealed.
AB1,46 20Section 46. 107.01 (intro.) of the statutes is amended to read:
AB1,38,24 21107.01 Rules governing mining rights. (intro.) Where there is no contract
22between the parties or terms established by the landlord to the contrary the following
23rules and regulations shall be applied to mining contracts and leases for the digging
24of ores and nonferrous metallic minerals:
AB1,47 25Section 47. 107.01 (2) of the statutes is amended to read:
AB1,39,9
1107.01 (2) The discovery of a crevice or range containing ores or minerals
2nonferrous metallic minerals shall entitle the discoverer to the ores or minerals
3nonferrous metallic minerals pertaining thereto, subject to the rent due the
4discoverer's landlord, before as well as after the ores or minerals nonferrous metallic
5minerals
are separated from the freehold; but such miner shall not be entitled to
6recover any ores or minerals nonferrous metallic minerals or the value thereof from
7the person digging on the miner's range in good faith and known to be mining thereon
8until the miner shall have given notice of the miner's claim; and the miner shall be
9entitled to the ores or minerals nonferrous metallic minerals dug after such notice.
AB1,48 10Section 48. 107.02 of the statutes is amended to read:
AB1,40,5 11107.02 Mining statement; penalty. When there is no agreement between the
12parties to any mining lease, license or permit, to mine or remove ore nonferrous
13metallic minerals
from any lands in this state, regulating the method of reporting
14the amount of ore nonferrous metallic minerals taken, the person mining and
15removing the ore or ores nonferrous metallic minerals shall keep proper and correct
16books, and therefrom to make and deliver by or before the fifteenth day of each month
17to the lessor, owner or person entitled thereto, a detailed statement covering the
18operations of the preceding month. The statement shall show the total amount of
19tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then
20to whom sold, giving the date of sale, date of delivery to any railroad company,
21naming the company, and the station where delivered or billed for shipment; the
22name and address of the purchaser; the price per ton at which sold and the total value
23of each kind of ore nonferrous metallic minerals so sold. The books shall be always
24open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is
25a corporation, and to any person or stockholder interested in any such mining

1operations, for the purpose of inspection and taking copies thereof or abstracts
2therefrom. Any person and every officer, agent or employee of any thereof, who
3violates this section, or who makes any false or incomplete entries on any such books
4or statements, shall be fined not less than $100 or imprisoned in the county jail for
5not more than 3 months or both.
AB1,49 6Section 49. 107.03 of the statutes is amended to read:
AB1,40,16 7107.03 Conflicting claims. In case of conflicting claims to a crevice or range
8bearing ores or nonferrous metallic minerals the court may continue any action to
9enforce a claim or grant any necessary time for the purpose of allowing parties to
10prove up their mines or diggings if it satisfactorily appears necessary to the ends of
11justice. In such case the court or judge may appoint a receiver and provide that the
12mines or diggings be worked under the receiver's direction, subject to the order of the
13court, in such manner as best ascertains the respective rights of the parties. The ores
14or
nonferrous metallic minerals raised by either party pending the dispute shall be
15delivered to the receiver, who may, by order of the court or judge, pay any rent or other
16necessary expenses therefrom.
AB1,50 17Section 50. 107.04 of the statutes is amended to read:
AB1,41,4 18107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
19disposes of any ores or nonferrous metallic minerals or mines or diggings for the
20purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or
21nonferrous metallic minerals raised by the miner for 3 days after the notice thereof
22and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and
23the landlord after the concealment or after 3 days have expired from the time of
24demanding rent, may proceed against the miner to recover possession of the mines
25or diggings in circuit court as in the case of a tenant holding over after the

1termination of the lease. If a miner neglects to work his or her mines or diggings
2according to the usages of miners, without reasonable excuse, he or she shall likewise
3forfeit the mines or diggings and the landlord may proceed against the miner in like
4manner to recover possession of the mines or diggings.
AB1,51 5Section 51. 107.11 of the statutes is amended to read:
AB1,41,17 6107.11 Account of ore nonferrous metallic minerals received. Every
7person operating a metal recovery system and every purchaser of ores and
8nonferrous metallic minerals shall keep a substantially bound book, ruled into
9suitable columns, in which shall be entered from day to day, as ores or nonferrous
10metallic
minerals are received, the following items: the day, month and year when
11received; the name of the person from whom purchased; the name of the person by
12whom hauled and delivered; name of the owner of the land from which the ores or
13nonferrous metallic minerals were obtained, or if not known, the name of the
14diggings or some distinct description of the land. The bound book shall be kept at the
15furnace or at the usual place of business of such person or purchaser or his or her
16agent in this state, and shall be open to authorized representatives of the department
17of revenue at reasonable times for inspection and taking extracts.
AB1,52 18Section 52. 107.12 of the statutes is amended to read:
AB1,41,25 19107.12 Penalty. If any person operating a metal recovery system or purchaser
20of ores and nonferrous metallic minerals or the agent of any such person or purchaser
21doing business fails to keep such a book or to make such entries as required under
22s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
23or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
24to the use of the prosecutor; and each day such failure or refusal continues shall be
25deemed a distinct and separate offense.
AB1,53
1Section 53. 107.20 (1) of the statutes is amended to read:
AB1,42,132 107.20 (1) Any provision of an exploration mining lease entered into after April
325, 1978, granting an option or right to determine the presence, location, quality or
4quantity of metalliferous nonferrous metallic minerals shall be limited to a term not
5exceeding 10 years from the date on which the exploration mining lease is recorded
6in the office of the register of deeds of the county where the property is located, except
7that any provision of an exploration mining lease entered into after April 25, 1978,
8granting an option or right to determine the quality and quantity of metalliferous
9nonferrous metallic minerals under a prospecting permit shall be limited to a term
10not exceeding 10 years from the date that the lessee applies for a prospecting permit
11under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
12the date on which the exploration mining lease is recorded in the office of the register
13of deeds of the county where the property is located.
AB1,54 14Section 54. 107.20 (2) of the statutes is amended to read:
AB1,42,1915 107.20 (2) Any provision of an exploration mining lease entered into after April
1625, 1978, granting an option or right to develop or extract metalliferous nonferrous
17metallic
minerals shall be limited to a term not exceeding 50 years from the date on
18which the exploration mining lease is recorded in the office of the register of deeds
19of the county where the property is located.
AB1,55 20Section 55. 107.30 (8) of the statutes is amended to read:
AB1,42,2521 107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 293.01
22(9)
means all or part of the process involved in the mining of metallic minerals, other
23than for exploration or prospecting, including commercial extraction,
24agglomeration, beneficiation, construction of roads, removal of overburden, and the
25production of refuse
.
AB1,56
1Section 56. 107.30 (15) of the statutes is amended to read:
AB1,43,142 107.30 (15) "Prospecting" has the meaning set forth in s. 293.01 (18) means
3engaging in the examination of an area for the purpose of determining the quality
4and quantity of minerals, other than for exploration but including the obtaining of
5an ore sample, by such physical means as excavating, trenching, construction of
6shafts, ramps, and tunnels and other means, other than for exploration, which the
7department of natural resources, by rule, identifies, and the production of
8prospecting refuse and other associated activities. "Prospecting" does not include
9such activities when the activities are, by themselves, intended for and capable of
10commercial exploitation of the underlying ore body. The fact that prospecting
11activities and construction may have use ultimately in mining, if approved, does not
12mean that prospecting activities and construction constitute mining within the
13meaning of sub. (8), provided such activities and construction are reasonably related
14to prospecting requirements
.
AB1,57 15Section 57. 107.30 (16) of the statutes is amended to read:
AB1,43,1816 107.30 (16) "Prospecting site" has the meaning set forth in s. 293.01 (21) means
17the lands on which prospecting is actually conducted as well as those lands on which
18physical disturbance will occur as a result of such activity
.
AB1,58 19Section 58. 160.19 (12) of the statutes is amended to read:
AB1,44,220 160.19 (12) The requirements in this section shall not apply to rules governing
21an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
22regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
23293 or subch. III of ch. 295, except that the department may promulgate new rules
24or amend rules governing this type of activity, practice or facility if the department

1determines that the amendment or promulgation of rules is necessary to protect
2public health, safety or welfare.
AB1,59 3Section 59. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB1,44,184 196.491 (3) (a) 3. b. Within   Except as provided under subd. 3. c., within 20
5days after the department provides a listing specified in subd. 3. a. to a person, the
6person shall apply for the permits and approvals identified in the listing. The
7department shall determine whether an application under this subd. 3. b. is complete
8and, no later than 30 days after the application is filed, notify the applicant about
9the determination. If the department determines that the application is incomplete,
10the notice shall state the reason for the determination. An applicant may
11supplement and refile an application that the department has determined to be
12incomplete. There is no limit on the number of times that an applicant may refile
13an application under this subd. 3. b. If the department fails to determine whether
14an application is complete within 30 days after the application is filed, the
15application shall be considered to be complete. The department shall complete action
16on an application under this subd. 3. b. for any permit or approval that is required
17prior to construction of a facility within 120 days after the date on which the
18application is determined or considered to be complete.
AB1,60 19Section 60. 196.491 (3) (a) 3. c. of the statutes is created to read:
AB1,44,2320 196.491 (3) (a) 3. c. The 20-day deadline specified in subd. 3. b. for applying
21for the applicable permits and approvals specified in the listing provided by the
22department does not apply to a person proposing to construct a utility facility for
23ferrous mineral mining and processing activities governed by subch. III of ch. 295.
AB1,61 24Section 61. 196.491 (4) (b) 2. of the statutes is amended to read:
AB1,45,8
1196.491 (4) (b) 2. The person shows to the satisfaction of the commission that
2the person reasonably anticipates, at the time that construction of the equipment or
3facilities commences, that on each day that the equipment and facilities are in
4operation the person will consume no less than 70% of the aggregate kilowatt hours
5output from the equipment and facilities in manufacturing processes at the site
6where the equipment and facilities are located or in ferrous mineral mining and
7processing activities governed by subch. III of ch. 295 at the site where the equipment
8and facilities are located
.
AB1,62 9Section 62. 227.483 (3) (c) of the statutes is created to read:
AB1,45,1310 227.483 (3) (c) If the proceeding relates to mining for ferrous minerals, as
11defined in s. 295.41 (18), that the petition, claim, or defense was commenced, used,
12or continued primarily for the purpose of causing delay to an activity authorized
13under a license that is the subject of the hearing.
AB1,63 14Section 63. 238.14 of the statutes is created to read:
AB1,45,19 15238.14 Business development grants and loans. When funds described in
16s. 25.49 (2m) are appropriated to the corporation, the corporation shall use the funds
17to make grants and loans to businesses in this state, and the corporation shall give
18preference for grants and loans to businesses located in an area affected by mining
19for ferrous minerals.
AB1,64 20Section 64. 281.36 (3g) (h) 2. of the statutes is amended to read:
AB1,46,221 281.36 (3g) (h) 2. If, within 30 days after an application under subd. 1. is
22received by the department, the department does not either request additional
23information or inform the applicant that a wetland individual permit will be required
24as provided in par. (i), the discharge shall be considered to be authorized under the
25wetland general permit and the applicant may proceed without further notice,

1hearing, permit, or approval if the discharge is carried out in compliance with all of
2the conditions of the general permit, except as provided in s. 295.60 (3) (b).
AB1,65 3Section 65. 281.65 (2) (a) of the statutes is amended to read:
AB1,46,164 281.65 (2) (a) "Best management practices" means practices, techniques or
5measures, except for dredging, identified in areawide water quality management
6plans, which are determined to be effective means of preventing or reducing
7pollutants generated from nonpoint sources, or from the sediments of inland lakes
8polluted by nonpoint sources, to a level compatible with water quality objectives
9established under this section and which do not have an adverse impact on fish and
10wildlife habitat. The practices, techniques or measures include land acquisition,
11storm sewer rerouting and the removal of structures necessary to install structural
12urban best management practices, facilities for the handling and treatment of
13milkhouse wastewater, repair of fences built using grants under this section and
14measures to prevent or reduce pollutants generated from mine tailings disposal sites
15for which the department has not approved a plan of operation under s. 289.30 or s.
16295.51
.
AB1,66 17Section 66. 281.75 (17) (b) of the statutes is amended to read:
AB1,46,1918 281.75 (17) (b) This section does not apply to contamination which is
19compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).
AB1,67 20Section 67. 283.84 (3m) of the statutes is amended to read:
AB1,46,2421 283.84 (3m) A person engaged in mining, as defined in s. 293.01 (9) or 295.41
22(26)
, prospecting, as defined in s. 293.01 (18), bulk sampling, as defined in s. 295.41
23(7),
or nonmetallic mining, as defined in s. 295.11 (3), may not enter into an
24agreement under sub. (1).
AB1,68 25Section 68. 287.13 (5) (e) of the statutes is amended to read:
AB1,47,5
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.
AB1,69 6Section 69. 289.35 of the statutes is amended to read:
AB1,47,12 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, and size of the solid waste facility authorized under the permit.
AB1,70 13Section 70. 289.62 (2) (g) 2. and 6. of the statutes are amended to read:
AB1,47,1514 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
15taconite tailing solids
, 0.2 cent per ton.
AB1,47,1716 6. For nonhazardous waste rock or for nonacid producing taconite waste rock,
170.1 cent per ton.
AB1,71 18Section 71. 292.01 (1m) of the statutes is amended to read:
AB1,47,2019 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).
AB1,72 21Section 72. Chapter 293 (title) of the statutes is amended to read:
AB1,47,2222 CHAPTER 293
AB1,47,23 23nonferrous METALLIC MINING
AB1,73 24Section 73. 293.01 (5) of the statutes is amended to read:
AB1,48,7
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.
AB1,74 8Section 74. 293.01 (7) of the statutes is amended to read:
AB1,48,189 293.01 (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.
AB1,75 19Section 75. 293.01 (8) of the statutes is repealed.
AB1,76 20Section 76. 293.01 (9) of the statutes is amended to read:
AB1,48,2421 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.
AB1,77 25Section 77. 293.01 (12) of the statutes is amended to read:
AB1,49,6
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.
AB1,78 7Section 78. 293.01 (12m) of the statutes is created to read:
AB1,49,108 293.01 (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.
AB1,79 11Section 79. 293.01 (18) of the statutes is amended to read:
AB1,49,2412 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.
AB1,80 25Section 80. 293.01 (25) of the statutes is amended to read:
AB1,50,6
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.
AB1,81 7Section 81. 293.21 (1) (a) of the statutes is amended to read:
AB1,50,98 293.21 (1) (a) "Driller" means a person who performs core, rotary, percussion
9or other drilling involved in exploration for nonferrous metallic minerals.
AB1,82 10Section 82. 293.25 (2) (a) of the statutes is amended to read:
AB1,50,1811 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.
AB1,83 19Section 83. 293.25 (4) of the statutes is amended to read:
AB1,51,320 293.25 (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.
AB1,84 4Section 84. 293.37 (4) (b) of the statutes is amended to read:
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