LRB-2981/2
MGG&RCT:sac:jm
2013 - 2014 LEGISLATURE
August 30, 2013 - Introduced by Senators Tiffany and Grothman. Referred to
Committee on Workforce Development, Forestry, Mining, and Revenue.
SB278,1,3 1An Act to amend 77.83 (2) (a), 77.84 (2) (b) and 77.84 (2) (bm); and to create
277.81 (5m), 77.83 (2) (d) and 77.84 (2) (br) of the statutes; relating to: public
3access to managed forest land that is located in a proposed mining site.
Analysis by the Legislative Reference Bureau
Under the Managed Forest Land (MFL) Program administered by the
Department of Natural Resources (DNR), the owner of a parcel of land designated
as MFL makes an annual acreage share payment that is lower than, and in lieu of,
the property taxes that normally would be payable on the land. In exchange, the
owner must comply with certain forestry practices. Under the program, MFL is
designated as either "open" or "closed" to public access. MFL that is designated as
"open" must be kept open for hunting, fishing, hiking, sight-seeing, and
cross-country skiing (recreational activities). For MFL that is designated as "closed"
the owner must make an additional payment per acre (closed acreage payment).
This bill exempts from the requirement that recreational activities be allowed
on MFL that is designated as open if the MFL is within a site for which a mining
company has notified DNR that it intends to file an application for an iron mining
permit (proposed mining site). Instead, under the bill, the mining company and DNR
may enter into an agreement to allow any or all of the recreational activities on all
or part of the MFL during the entire year or during certain times of the year.
However, the owner must make the closed acreage payment for each acre that is
located within the proposed mining site and that is closed to any of the recreational
activities during any time during the previous calendar year.

The bill also requires DNR to post on its website information regarding
recreational activities that are allowed under agreements that are entered into
between a mining company and DNR.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB278,1 1Section 1. 77.81 (5m) of the statutes is created to read:
SB278,2,42 77.81 (5m) "Proposed ferrous mining site" means a proposed mining site, as
3described under s. 295.46 (1), for which the person proposing to engage in ferrous
4mining has provided preapplication notification under s. 295.465.
SB278,2 5Section 2. 77.83 (2) (a) of the statutes is amended to read:
SB278,2,86 77.83 (2) (a) Except as provided in sub. (1) and pars. (b) and, (c), and (d) and
7sub. (1)
, each owner of managed forest land shall permit public access to the land for
8the purposes of hunting, fishing, hiking, sight-seeing , and cross-country skiing.
SB278,3 9Section 3. 77.83 (2) (d) of the statutes is created to read:
SB278,2,1610 77.83 (2) (d) 1. The requirement under par. (a) that public access be permitted
11on managed forest land designated as open does not apply to managed forest land
12within a proposed ferrous mining site. The department and a person proposing to
13engage in ferrous mining on managed forest land designated as open within such a
14proposed ferrous mining site may enter into an agreement to allow that all or part
15of the land be open for public access during the entire year or certain times of the year
16for any or all of the purposes specified in par. (a).
SB278,2,1917 2. The department shall post notice of each agreement entered into under subd.
181. on the department's Internet site. The notice shall include all of the following
19information:
SB278,3,2
1a. The areas where public access is permitted, and which activities, as specified
2in par. (a), are allowed in each area.
SB278,3,43 b. The dates and times that each activity allowed under subd. 2. a. is permitted
4in a given area.
SB278,3,85 3. This paragraph does not apply after the department approves or denies the
6application for a ferrous mining permit for the proposed ferrous mining site or after
7the department determines that the person who proposed to engage in ferrous
8mining has ceased to pursue a ferrous mining permit for the proposed mining site.
SB278,4 9Section 4. 77.84 (2) (b) of the statutes is amended to read:
SB278,3,1510 77.84 (2) (b) For managed forest land orders that take effect before April 28,
112004, in addition to the payment under par. (a), each owner shall pay $1 for each acre
12that is designated as closed under s. 77.83 and for each acre that is located in a
13proposed ferrous mining site and that is not open to all of the outdoor activities
14specified in s. 77.83 (2) (a) for any part of the previous calendar year
. The payment
15shall be made to each municipal treasurer on or before January 31.
SB278,5 16Section 5. 77.84 (2) (bm) of the statutes is amended to read:
SB278,3,2417 77.84 (2) (bm) For managed forest land orders that take effect on or after April
1828, 2004, in addition to the payment under par. (am), each owner of managed forest
19land shall pay to each municipal treasurer, on or before January 31, an amount that
20is equal to 20 percent of the average statewide property tax per acre of property
21classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that
22is designated as closed under s. 77.83 and for each acre that is located in a proposed
23ferrous mining site and that is not open to all of the outdoor activities specified in s.
2477.83 (2) (a) for any part of the previous calendar year
.
SB278,6 25Section 6. 77.84 (2) (br) of the statutes is created to read:
SB278,4,6
177.84 (2) (br) The requirement under pars. (b) and (bm) that payments be made
2for acres located in a proposed ferrous mining site does not apply after the
3department approves or denies the application for a ferrous mining permit for the
4proposed ferrous mining site or after the department determines that the person who
5proposed to engage in ferrous mining has ceased to pursue a ferrous mining permit
6for the proposed mining site.
SB278,4,77 (End)
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