SB488-SSA3,10,3
1293.01 (2m) "Ceded territory" means the territory in Wisconsin ceded by the
2Chippewa Indians to the United States in the treaty of 1837, 7 Stat. 536, and the
3treaty of 1842, 7 Stat. 591.
SB488-SSA3, s. 20 4Section 20. 293.01 (4e) of the statutes is created to read:
SB488-SSA3,10,75 293.01 (4e) "Ferrous mineral" means an ore or earthen material in natural
6deposits in or on the earth that primarily exists in the form of an iron oxide, including
7taconite, magnetite, and hematite.
SB488-SSA3, s. 21 8Section 21. 293.01 (4m) of the statutes is created to read:
SB488-SSA3,10,129 293.01 (4m) "Ferrous mining" means the mining of ferrous minerals at a
10mining site where the department determines, based on information provided under
11s. 293.31 (7) (a) by a person proposing to mine for ferrous minerals, that it is not likely
12that any of the disturbed areas will contain significant amounts of sulfide minerals.
SB488-SSA3, s. 22 13Section 22. 293.01 (18) of the statutes is amended to read:
SB488-SSA3,11,214 293.01 (18) "Prospecting" means engaging in the examination of an area for the
15purpose of determining the quality and quantity of minerals, other than for
16exploration but including the obtaining of an ore sample, by such physical means as
17excavating, trenching, construction of shafts, ramps and tunnels and other means,
18other than for exploration, which the department, by rule, identifies, and the
19production of prospecting refuse and other associated activities. "Prospecting" shall
20not include such activities when the activities are, by themselves, intended for and
21capable of commercial exploitation of the underlying ore body. However, the fact that
22prospecting activities and construction may have use ultimately in mining, if
23approved, shall not mean that prospecting activities and construction constitute
24mining within the meaning of sub. (9), provided such activities and construction are
25reasonably related to prospecting requirements. When conducted in contemplation

1of ferrous mining, "prospecting" does not include any activities that result in the
2removal of 10,000 or more tons of material.
SB488-SSA3, s. 23 3Section 23. 293.13 (1) (c) of the statutes is created to read:
SB488-SSA3,11,74 293.13 (1) (c) Require that, if an iron mining operation is located in whole or
5in part within the ceded territory, any wetland mitigation that is authorized or
6required by the department as a result of, or as part of, the mining operation occurs
7within the ceded territory.
SB488-SSA3, s. 24 8Section 24. 293.31 (7) of the statutes is created to read:
SB488-SSA3,11,139 293.31 (7) (a) If a person who intends to mine for ferrous minerals wishes to
10have the department determine that it is not likely that any of the areas that would
11be disturbed by proposed mining contain significant amounts of sulfide minerals, the
12person shall provide the department with information on which to make that
13determination.
SB488-SSA3,11,1714 (b) The department may only determine that it is not likely that any of the areas
15disturbed by proposed mining for ferrous minerals contain significant amounts of
16sulfide minerals if the person who intends to mine provides sufficient information
17under par. (a) to make that determination.
SB488-SSA3, s. 25 18Section 25. 293.32 (2) of the statutes is amended to read:
SB488-SSA3,12,319 293.32 (2) The department shall annually compare the fees paid under this
20section and under chs. 30, 280 to 292 and 295 to 299 in connection with proposed
21prospecting or mining for which notice has been given under s. 293.31 (1) with the
22costs incurred by the department in connection with that proposed prospecting or
23mining, including the costs incurred under chs. 30, 280 to 292 and 295 to 299 but
24excluding costs related to the environmental impact statement. If the costs incurred
25exceed the fees paid, the person who notified the department shall pay a fee equal

1to the amount by which the costs exceed the fees previously paid, except that the total
2amount that a person who proposes to conduct ferrous mining may be required to pay
3under this subsection and sub. (1) may not exceed $2,000,000
.
SB488-SSA3, s. 26 4Section 26. 293.32 (4) of the statutes is created to read:
SB488-SSA3,12,75 293.32 (4) The department shall notify the joint committee on finance when its
6costs that would be reimbursable under subs. (1) and (2) for a proposal for ferrous
7mining reach $2,000,000.
SB488-SSA3, s. 27 8Section 27. 293.35 (4) of the statutes is created to read:
SB488-SSA3,12,119 293.35 (4) The department is not required to prepare a statement under s. 1.11
10or an environmental analysis for consideration of an application for a permit to
11prospect in contemplation of ferrous mining.
SB488-SSA3, s. 28 12Section 28. 293.35 (5) of the statutes is amended to read:
SB488-SSA3,12,1713 293.35 (5) If the department determines that a statement under s. 1.11 is
14required for consideration of an application for a prospecting permit to which sub.
15(4) does not apply
, the statement need not consider impacts unrelated to the proposed
16prospecting activity, other than the issue of unsuitability for surface mining, absent
17a certification under sub. (1).
SB488-SSA3, s. 29 18Section 29. 293.43 (3) (b) (intro.) of the statutes is amended to read:
SB488-SSA3,13,819 293.43 (3) (b) (intro.) If it is determined that a statement under s. 1.11 is
20required, or if an environmental impact statement is required under s. 293.39, the
21department shall hold at least one informational meeting regarding the preliminary
22environmental report within 60 days of its issuance and, for an application for a
23mining permit for ferrous mining, no later than the deadline under s. 293.495 (1).
24The hearing examiner assigned under s. 227.43 (1) (bd) shall preside over the
25informational meeting regarding the preliminary environmental impact report for

1proposed ferrous mining
. The meeting shall be held not sooner than 30 days nor later
2than 60 days after the issuance of the report. The scheduling and providing of notice
3of the meeting shall be completed not later than 10 days following the issuance of the
4preliminary environmental report. A hearing referred to under sub. (1m) shall be
5scheduled for a date not less than 120 days nor more than 180 days after the issuance
6of the environmental impact statement. The scheduling and providing of notice of
7the hearing shall be completed within 30 days from the date of issuance of the
8environmental impact statement. The providing of notice shall be accomplished by:
SB488-SSA3, s. 30 9Section 30. 293.43 (5) (bm) of the statutes is created to read:
SB488-SSA3,13,1910 293.43 (5) (bm) The hearing examiner shall hold a prehearing conference on
11an application for a mining permit for ferrous mining. At the prehearing conference
12under this paragraph, the parties shall outline the issues that they wish to raise in
13the contested case portion of the hearing and shall present summaries of the
14testimony that they wish to present. The hearing examiner shall identify the issues
15that will be considered in the contested case portion of the hearing for an application
16for a mining permit for ferrous mining, shall notify the parties of those issues, and
17shall exclude evidence that is not relevant to those issues. The hearing examiner
18shall also establish a schedule for the case that will enable the department to meet
19the deadline under s. 293.495 (2).
SB488-SSA3, s. 31 20Section 31. 293.43 (6) of the statutes is created to read:
SB488-SSA3,13,2521 293.43 (6) Exception for certain prospecting. The department is not required
22to conduct a hearing under this section on a permit for prospecting in contemplation
23of ferrous mining. Notwithstanding s. 227.42, no person is entitled to a contested
24case hearing on a decision by the department on a permit for prospecting in
25contemplation of ferrous mining.
SB488-SSA3, s. 32
1Section 32. 293.49 (1) (a) (intro.) of the statutes is amended to read:
SB488-SSA3,14,62 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
3with respect to property specified in s. 41.41 (11), within 90 days of the completion
4of the public hearing record or, for an application for a mining permit for ferrous
5mining, no later than the deadline under s. 293.495 (2)
, the department shall issue
6the mining permit if it finds:
SB488-SSA3, s. 33 7Section 33. 293.49 (2) (intro.) of the statutes is amended to read:
SB488-SSA3,14,118 293.49 (2) (intro.) Within 90 days of the completion of the public hearing record
9or, for an application for a mining permit for ferrous mining, no later than the
10deadline under s. 293.495 (2)
, the department shall deny the mining permit if it finds
11any of the following:
SB488-SSA3, s. 34 12Section 34. 293.495 of the statutes is created to read:
SB488-SSA3,14,18 13293.495 Deadlines for processing ferrous mining permit applications.
14(1) Deadline for informational meeting. The deadline for the department to hold
15the informational meeting under s. 293.43 (3) (b) on the preliminary environmental
16report for a mining permit for ferrous mining is the 270th day after the day on which
17the department determines that the application under s. 293.37 for the mining
18permit is complete, except as extended under sub. (3) or (4).
SB488-SSA3,14,23 19(2) Deadline for acting on mining permit application. The deadline for the
20department to act under s. 293.49 (1) (a) (intro.) and (2) (intro.) on the application for
21a mining permit for ferrous mining is the 270th day after the day on which the
22informational meeting under s. 293.43 (3) (b) is concluded, except as extended under
23sub. (3) or (4).
SB488-SSA3,15,2 24(3) Requests for extensions. (a) The department may propose not more than
253 extensions under this section for any one application for a mining permit. An

1applicant may propose any number of extensions under this section for any one
2application for a mining permit.
SB488-SSA3,15,43 (am) If an applicant proposes an extension under par. (a) to a deadline under
4sub. (1) or (2), the deadline is extended as proposed by the applicant.
SB488-SSA3,15,75 (b) If the department and an applicant agree to an extension to a deadline
6under sub. (1) or (2) proposed by the department under par. (a), including the length
7of the extension, the deadline is extended as provided in the agreement.
SB488-SSA3,15,118 (c) 1. If the department and an applicant do not agree to an extension proposed
9by the department under par. (a), the department may request the administrator of
10the division of hearings and appeals in the department of administration to appoint
11a hearing examiner to resolve the disagreement.
SB488-SSA3,15,1412 2. A hearing examiner appointed under subd. 1. shall determine whether there
13is good cause for an extension and, if so, shall grant an extension and specify the
14length of the extension.
SB488-SSA3,15,22 15(4) Extension for joint preparation of environmental impact statement. If
16the U.S. Army Corps of Engineers notifies the department that an extension of the
17deadline under sub. (1) or (2) or both deadlines is necessary to enable the department
18and the U.S. Army Corps of Engineers to jointly prepare their environmental impact
19statements for the proposed ferrous mining, the department shall extend the
20deadline or deadlines by the amount that the U.S. Army Corps of Engineers
21determines is necessary. The department shall notify the applicant of any extension
22under this subsection.
SB488-SSA3, s. 35 23Section 35. 293.50 (4) of the statutes is created to read:
SB488-SSA3,16,2
1293.50 (4) Subsection (2) does not apply to an application for a mining permit
2for ferrous mining.
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