2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 426
January 23, 2012 - Offered by Representative Williams.
1An Act to repeal
30.025 (1e) (title) and (a), 107.001 (2) and 293.01 (8); to
2renumber and amend
30.025 (1e) (b), 30.123 (8) (c) and 87.30 (2);
20.370 (2) (gh), 20.455 (1) (gh), 20.566 (7) (e), 20.566 (7) (v), 29.604 (4) (intro.), 4
29.604 (4) (c) (intro.), 30.025 (1m) (intro.), 30.025 (1m) (c), 30.025 (1s) (a), 30.025 5
(2), 30.025 (2g) (b) (intro.), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c) (intro.), 6
30.195 (2) (c) (intro.), 44.40 (5), 70.375 (1) (as), 70.375 (1) (bm), 70.38 (2), 70.395 7
(1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395 (2) (fm), 70.395 (2) (h) 1., 107.001 8
(1), 107.01 (intro.), 107.01 (2), 107.02, 107.03, 107.04, 107.11, 107.12, 107.20 (1), 9
107.20 (2), 107.30 (8), 107.30 (15), 107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b., 10
196.491 (4) (b) 2., 281.65 (2) (a), 281.75 (17) (b), 287.13 (5) (e), 289.35, 289.62 (2) 11
(g) 2. and 6., 292.01 (1m), chapter 293 (title), 293.01 (5), 293.01 (7), 293.01 (9), 12
293.01 (12), 293.01 (18), 293.01 (25), 293.21 (1) (a), 293.25 (2) (a), 293.25 (4), 13
293.37 (4) (b), 293.47 (1) (b), 293.50 (1) (b), 293.50 (2) (intro.), 293.50 (2) (a),
293.50 (2) (b), 293.51 (1), 293.65 (3) (a), 293.65 (3) (b), 293.86, chapter 295 (title), 2
295.16 (4) (f), 299.85 (7) (a) 2. and 4., 299.95, 323.60 (5) (d) 3. and 710.02 (2) (d); 3
and to create
20.370 (2) (gi), 29.604 (7m), 30.025 (4m), 31.23 (3) (e), 87.30 (2) 4
(b), 293.01 (12m), subchapter III of chapter 295 [precedes 295.40] and 323.60 5
(1) (gm) of the statutes; relating to: regulation of ferrous metallic mining and
6related activities, procedures for obtaining approvals from the Department of
7Natural Resources for the construction of utility facilities, making an
8appropriation, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB426-ASA1, s. 1
20.370 (2) (gh) of the statutes is amended to read:
(gh) Mining — Nonferrous metallic mining regulation and
The amounts in the schedule for the administration, regulation and 12
enforcement of nonferrous metallic mining
exploration, prospecting, mining and 13
mine reclamation activities under ch. 293. All moneys received under ch. 293 shall 14
be credited to this appropriation.
AB426-ASA1, s. 2
20.370 (2) (gi) of the statutes is created to read:
(gi) Ferrous metallic mining operations.
All moneys received under 17
subch. III of ch. 295 for the department of natural resource's operations related to 18
ferrous metallic exploration and mining.
AB426-ASA1, s. 3
20.455 (1) (gh) of the statutes is amended to read:
(gh) Investigation and prosecution.
Moneys received under ss. 23.22 21
(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3), 22
292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b),
and 299.97 (2), for the 23
expenses of investigation and prosecution of violations, including attorney fees.
(e) Investment and local impact fund supplement.
The amounts in 3
the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4) and,
293.65 (5) (a), and 295.443
(v) Investment and local impact fund.
From the investment and local 7
impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the 8
moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d) 9
to (g), 293.33 (4) and,
293.65 (5) (a)
, and 295.443
AB426-ASA1, s. 6
29.604 (4) (intro.) of the statutes is amended to read:
29.604 (4) Prohibition.
(intro.) Except as provided in sub. (6r) and (7m)
or as 12
permitted by departmental rule or permit:
AB426-ASA1, s. 7
29.604 (4) (c) (intro.) of the statutes is amended to read:
(c) (intro.) No person may do any of the following to any wild plant 15
of an endangered or threatened species that is on public property or on property that 16
he or she does not own or lease, except in the course of forestry or agricultural 17
in the construction, operation,
or maintenance of a utility facility, or as
18part of bulk sampling activities under s. 295.45
29.604 (7m) Bulk sampling activities.
A person may take, transport, or 21
possess a wild animal on the department's endangered and threatened species list 22
without a permit under this section if the person avoids and minimizes adverse 23
impacts to the wild animal to the extent practicable, if the taking, transporting, or 24
possession does not result in wounding or killing the wild animal, and if the person
takes, transports, or possesses the wild animal for the purpose of bulk sampling 2
activities under s. 295.45.
AB426-ASA1, s. 8b
30.025 (1e) (title) and (a) of the statutes are repealed.
AB426-ASA1, s. 8d
30.025 (1e) (b) of the statutes is renumbered 30.025 (4m) (b) and 5
amended to read:
(b) This section subsection
does not apply to a proposal to construct 7
a utility facility if the only permit that the utility facility is required to obtain from 8
the department is a storm water discharge permit under s. 283.33 (1) (a).
AB426-ASA1, s. 8f
30.025 (1m) (intro.) of the statutes is amended to read:
30.025 (1m) Preapplication process.
(intro.) Before filing an a combined 11
application under this section for permits under sub. (1s) with the department in lieu
12of separate applications
, a person proposing to construct a utility facility shall notify 13
the department of the intention to file an a combined
application under sub. (1s)
After receiving such notice, the department shall confer with the person, in 15
cooperation with the commission, to make a preliminary assessment of the project's 16
scope, to make an analysis of alternatives, to identify potential interested persons, 17
and to ensure that the person making the proposal is aware of all of the following:
(c) The timing of information submissions that the person will be 20
required to provide in order to enable the department to participate in commission 21
review procedures and to process the combined
application for permits
in a timely 22
(a) Any person proposing to construct a utility facility to which this
25section applies shall may
, in lieu of separate application for permits, submit one
application for permits together with any additional information required 2
by the department. The combined
application shall for permits may
be filed with the 3
department at the same time that an application for a certificate is filed with the 4
commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall 5
include the detailed information that the department requires to determine whether 6an a combined
application for permits
is complete and to carry out its obligations 7
under sub. (4). The department may require supplemental information to be 8
30.025 (2) Hearing.
Once the applicant meets the requirements of sub. (1s) (a), 11
the department may schedule the matter for a public hearing. Notice of the hearing 12
shall be given to the applicant and shall be published as a class 1 notice under ch. 13
985. The department may give such further notice as it deems proper, and shall give 14
notice to persons requesting same. One copy of the combined
application for permits 15
shall be available for public inspection at the office of the department, at least one 16
copy in the regional office of the department, and at least one copy at the main public 17
library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an 18
informational hearing and may not be treated as a contested case hearing nor 19
converted to a contested case hearing.
AB426-ASA1, s. 8L
30.025 (2g) (b) (intro.) of the statutes is amended to read:
(b) (intro.) The department shall participate in commission 22
investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any 23
proposed utility facility that is subject to this section for which a combined
24application for permits is filed under sub. (1s)
. In order to ensure that the 25
commission's decision is consistent with the department's responsibilities, the
department shall provide the commission with information that is relevant to only 2
30.025 (4m) Procedure for a single permit application.
(a) A person 5
proposing to construct a utility facility for which not more than one permit is required 6
may submit an application for that single permit with the department in the same 7
manner as a combined application for permits may be submitted under sub. (1s). If 8
the applicant elects to submit the application in the same manner as a combined 9
application for permits, the procedures under this section that apply to a combined 10
application for permits shall apply to that application for a single permit.
AB426-ASA1, s. 9
30.12 (3m) (c) (intro.) of the statutes is amended to read:
(c) (intro.) The department shall issue an individual permit to a 13
riparian owner for a structure or a deposit pursuant to an application under par. (a) 14
if the department finds that all of the following apply
requirements are met
AB426-ASA1, s. 10
30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) 16
and amended to read:
(c) (intro.) The department shall issue an individual permit 18
pursuant to an application under par. (a) if the department finds that the all of the
19following requirements are met:
bridge or culvert will not materially obstruct navigation,.
212. The bridge or culvert
will not materially reduce the effective flood flow 22
capacity of a stream, and.
233. The bridge or culvert
will not be detrimental to the public interest.
This section does not apply to riparian land located within the 2
boundary of any hydroelectric project licensed or exempted by the federal 3
government, if the conveyance is authorized under any license, rule or order issued 4
by the federal agency having jurisdiction over the project. This section does not apply
5to riparian land that is associated with an approval required for bulk sampling or
6mining that is required under subch. III of ch. 295.
AB426-ASA1, s. 12
30.19 (4) (c) (intro.) of the statutes is amended to read:
(c) (intro.) The department shall issue an individual permit pursuant 9
to an application under par. (a) if the department finds that all of the following apply 10requirements are met
AB426-ASA1, s. 13
30.195 (2) (c) (intro.) of the statutes is amended to read:
(c) (intro.) The department shall issue an individual permit applied 13
for under this section to a riparian owner if the department determines that all of the 14
following apply requirements are met
(e) This subsection does not apply to a bridge that is constructed, 17
maintained, or operated in association with mining or bulk sampling that is subject 18
to subch. III of ch. 295.
This section does not apply as provided in s. 295.45 (6) or
to any state 21
agency action which is subject to 16 USC 461
(as) "Mine" means an excavation in or at the earth's surface made 24
to extract metalliferous minerals for which a permit has been issued under s. 293.49 25or 295.58
(bm) "Mining-related purposes" means activities which are directly 3
in response to the application for a mining permit under s. 293.37
; directly 4
in response to construction, operation, curtailment of operation or cessation of 5
operation of a metalliferous mine site; or directly in response to conditions at a 6
metalliferous mine site which is not in operation. "Mining-related purposes" also 7
includes activities which anticipate the economic and social consequences of the 8
cessation of mining. "Mining-related purposes" also includes the purposes under s. 9
70.395 (2) (g).
70.38 (2) Combined reporting.
If the same person extracts metalliferous 12
minerals from different sites in this state, the net proceeds for each site for which a 13
permit has been issued under s. 293.49 or 295.58
shall be reported separately for the 14
purposes of computing the amount of the tax under s. 70.375 (5).
70.395 (1e) Distribution.
Fifteen days after the collection of the tax under ss. 17
70.38 to 70.39, the department of administration, upon certification of the 18
department of revenue, shall transfer the amount collected in respect to mines not 19
in operation on November 28, 1981, to the investment and local impact fund, except
20that the department of administration shall transfer 60 percent of the amount
21collected from each person extracting ferrous metallic minerals to the investment
22and local impact fund and the department of revenue shall deposit 40 percent of the
23amount collected from any such person into the general fund
(dc) 1. Each person intending to submit an application for a mining 2
permit under s. 293.49 or 295.47
shall pay $50,000 to the department of revenue for 3
deposit in the investment and local impact fund at the time that the person notifies 4
the department of natural resources under s. 293.31 (1) or 295.465
of that intent.
(dc) 4. Six months after the signing of a local agreement under s. 7
293.41 or 295.443
for the proposed mine for which the payment is made, the board 8
shall refund any funds paid under this paragraph but not distributed under par. (fm) 9
from the investment and local impact fund to the person making the payment under 10
(fm) The board may distribute a payment received under par. (dc) 13
to a county, town, village, city, tribal government or local impact committee 14
authorized under s. 293.41 (3) or 295.443
only for legal counsel, qualified technical 15
experts in the areas of transportation, utilities, economic and social impacts, 16
environmental impacts and municipal services and other reasonable and necessary 17
expenses incurred by the recipient that directly relate to the good faith negotiation 18
of a local agreement under s. 293.41 or 295.443
for the proposed mine for which the 19
payment is made.
(h) 1. Distribution shall first be made to those municipalities in 22
which metalliferous minerals are extracted or were extracted within 3 years 23
previous to December 31 of the current year, or in which a permit has been issued 24
under s. 293.49 or 295.58
to commence mining;
AB426-ASA1, s. 17
87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended 2
(a) Every Except as provided in par. (b), every
structure, building, fill, 4
or development placed or maintained within any floodplain in violation of a zoning 5
ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance 6
and the creation thereof may be enjoined and maintenance thereof may be abated by 7
action at suit of any municipality, the state or any citizen thereof. Any person who 8
places or maintains any structure, building, fill or development within any 9
floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 10
61.35 or 62.23 may be fined not more than $50 for each offense. Each day during 11
which such violation exists is a separate offense.
(b) Paragraph (a) does not apply to a structure, building, fill, or 14
development placed or maintained as part of a mining operation covered by a mining 15
permit under s. 295.58.
"Exploration mining lease" means any lease, option to lease, option 18
to purchase or similar conveyance entered into for the purpose of determining the 19
presence, location, quality or quantity of metalliferous nonferrous metallic
or for the purpose of mining, developing or extracting metalliferous nonferrous
minerals, or both under ch. 293
. Any lease, option to lease, option to 22
purchase or similar conveyance entered into by a mining company is rebuttably 23
presumed to be an exploration mining lease.
1107.01 Rules governing mining rights.
(intro.) Where there is no contract 2
between the parties or terms established by the landlord to the contrary the following 3
rules and regulations shall be applied to mining contracts and leases for the digging 4
of ores and nonferrous metallic
The discovery of a crevice or range containing ores or minerals 7nonferrous metallic minerals
shall entitle the discoverer to the ores or minerals 8
pertaining thereto, subject to the rent due the discoverer's landlord, before as well 9
as after the ores or minerals nonferrous metallic minerals
are separated from the 10
freehold; 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 12
miner's range in good faith and known to be mining thereon until the miner shall 13
have 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.
16107.02 Mining statement; penalty.
When there is no agreement between the 17
parties to any mining lease, license or permit, to mine or remove
from any lands in this state, regulating the method of reporting 19
the amount of ore nonferrous metallic minerals
taken, the person mining and 20
removing the ore or ores nonferrous metallic minerals
shall keep proper and correct 21
books, and therefrom to make and deliver by or before the fifteenth day of each month 22
to the lessor, owner or person entitled thereto, a detailed statement covering the 23
operations of the preceding month. The statement shall show the total amount of 24
tons or pounds of each kind of ore nonferrous metallic minerals
produced; if sold, then 25
to whom sold, giving the date of sale, date of delivery to any railroad company,
naming the company, and the station where delivered or billed for shipment; the 2
name and address of the purchaser; the price per ton at which sold and the total value 3
of each kind of ore nonferrous metallic minerals
so sold. The books shall be always 4
open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is 5
a corporation, and to any person or stockholder interested in any such mining 6
operations, for the purpose of inspection and taking copies thereof or abstracts 7
therefrom. Any person and every officer, agent or employee of any thereof, who 8
violates this section, or who makes any false or incomplete entries on any such books 9
or statements, shall be fined not less than $100 or imprisoned in the county jail for 10
not more than 3 months or both.
12107.03 Conflicting claims.
In case of conflicting claims to a crevice or range 13
bearing ores or nonferrous metallic
minerals the court may continue any action to 14
enforce a claim or grant any necessary time for the purpose of allowing parties to 15
prove up their mines or diggings if it satisfactorily appears necessary to the ends of 16
justice. In such case the court or judge may appoint a receiver and provide that the 17
mines or diggings be worked under the receiver's direction, subject to the order of the 18
court, 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 20
delivered to the receiver, who may, by order of the court or judge, pay any rent or other 21
necessary expenses therefrom.