This substitute amendment changes the process for reviewing mining permit
applications and applications for other DNR approvals for iron mining, except that
the changes do not apply if DNR determines that it is likely that any of the disturbed
areas will contain significant amounts of sulfide minerals (nonsulfide iron mining).
The substitute amendment does not change substantive standards applicable to iron
mining under current environmental or natural resources laws.
Notice of intent
Current law requires a person who intends to submit an application for a
metallic mining permit to notify DNR before collecting data intended to be used to
support the permit application. The substitute amendment requires a person who
intends to submit an application for a permit for nonsulfide iron mining to notify
DNR at least 12 months before submitting the application for the mining permit or
an environmental impact report, whichever is earlier, rather than before collecting
data.
Coordination of mining permit and other applications; master hearing
Under current law, the process for reviewing mining permit applications also
applies to applications for other DNR approvals for the proposed mine, that is, the
processing of the applications is coordinated. Under the substitute amendment, the
process for reviewing an application for a permit for nonsulfide iron mining is not
coordinated with the review of applications for other DNR approvals required for the
mine. Instead the current process for reviewing an application not related to mining
applies for each other kind of DNR approval.
Current law requires a person who proposes to conduct metallic mining to have
applied for other DNR approvals and for any necessary zoning approvals before
applying for a mining permit. Under the substitute amendment, this requirement
does not apply to proposed nonsulfide iron mining.
Under current law, DNR holds one master hearing on the application for the
mining permit, the environmental impact statement (EIS), and, generally, the
applications for all other DNR approvals before DNR acts on the applications for the
permit and other approvals. The master hearing includes a public informational
hearing and a contested case hearing. The substitute amendment does not provide
for a master hearing for proposed nonsulfide iron mining, instead, a contested case
hearing is available on each application for a DNR approval, as provided under this
state's administrative procedure laws.
Mining permit process
The substitute amendment requires DNR to determine whether an application
for a permit for nonsulfide iron mining is complete within 30 days after receiving the
application, except that the period may be extended with the consent of the
applicant. After DNR notifies the applicant that the permit application is complete,
the applicant must publish a notice about the proposed iron mining in a newspaper
in the area of the proposed mine once a week for four successive weeks and then
notify DNR that it has done so.
As mentioned above, current law requires DNR to consider the application for
a metallic mining permit as part of a required master hearing.
Under the substitute amendment, within 30 days after the publication of the
last notice about a proposed nonsulfide iron mine, a person owning property that will
be affected by the proposed mine or a federal, state, or local governmental agency
with responsibilities affected by the proposed mine may file objections to the mining
permit application, in which case, DNR must hold a hearing no more than 30 days
after receiving the objections. DNR may hold a hearing without receiving objections
if it determines that a hearing is necessary to protect public health, safety, or the
environment.
Current law does not specify a time, after the application for a metallic mining
permit is filed, within which DNR must act on the permit application. It does require
the mining master hearing to be held between 120 days and 180 days after DNR
issues the EIS for the proposed mine and requires DNR to act on the permit within
90 days after the completion of the record for the public hearing.
This substitute amendment requires DNR to act on an application for a permit
for nonsulfide iron mining no later than 120 days after being notified that the
applicant has complied with the requirement to publish notice or, if a hearing is held,
120 days after holding the hearing, except that DNR may not act on the application
for the mining permit before it has determined that the EIS is adequate.
Environmental review process for certain iron mines
Current law requires DNR to prepare an EIS for every proposed metallic mine.
An EIS contains detailed information about the environmental impact of a proposed
project, including any adverse environmental effects that cannot be avoided if the
proposal is implemented, alternatives to the proposed project, the beneficial aspects
of the proposal, and the economic advantages and disadvantages of the proposal.
The substitute amendment retains the requirement that DNR prepare an EIS
for every proposed nonsulfide iron mine.
Under current law, when a person applies for a permit or other approval for
which DNR is required to complete an EIS, DNR is generally authorized to require
the applicant to prepare an environmental impact report (EIR) that discloses
environmental impacts of the proposed project to assist DNR in preparing the EIS.
The substitute amendment requires the applicant for mining permit for a nonsulfide
iron mine to prepare an EIR.
Under current law, the EIS is prepared and reviewed as part of the metallic
mining permit process described above. The law requires DNR to prepare a
preliminary EIS and to hold at least one informational meeting on the preliminary
EIS within 60 days of its issuance and before conducting the master hearing.
The substitute amendment establishes a process and timeline for the
preparation and review of an EIS for proposed nonsulfide iron mining, including all
of the following provisions:
1. DNR must determine whether an EIR is adequate not later than 30 days
after receiving the EIR and must notify the applicant no more than five days after
making that determination.
2. DNR must prepare a draft statement of the scope of matters to be considered
in the EIS no more than 30 days after providing the notice under item 1.
3. DNR must publish public notice about the proposed mine and the proposed
scoping statement no more than ten days after preparing the draft scoping statement
and provide the notice to specified federal, local, and tribal governmental bodies.
4. DNR must hold at least one public informational meeting to discuss the scope
of the EIS.
5. DNR must issue its decision on the scope of the EIS no more than 45 days
after publishing the notice under item 3.
6. No later than 30 days after issuing the scoping decision, DNR must submit
to the applicant a proposed agreement for payment of its costs for preparing the EIS.
The applicant may request changes in the proposed cost agreement. If, within 30
days after DNR submits the proposed cost agreement, DNR and the applicant have
not signed a cost agreement, either party may refer the matter to the secretary of
administration for resolution.
7. The applicant must pay half of the amount it is required to pay under the
cost agreement no later than ten days after finalizing the cost agreement.
8. No later than 45 days after receiving that payment, DNR must publish a
notice containing a summary of the scoping decision.
9. After publishing the notice, DNR prepares a preliminary EIS, provides
notice of completion of the preliminary EIS, and holds a public informational
meeting on the adequacy of the preliminary EIS.
10. After the meeting, DNR prepares a final EIS, taking into consideration the
comments on the preliminary version, publishes notice of the final EIS, and accepts
written comments on the adequacy of the final EIS.
11. DNR must determine whether the final EIS is adequate within 280 days
after publication of the notice under item 8., except that the deadline may be
extended by consent of the applicant or by the governor for good cause.
12. If DNR determines that the EIS is inadequate, it must prepare an adequate
EIS within 60 days of that determination.
The substitute amendment prohibits DNR from making final decisions on any
approvals for the nonsulfide iron mine that were considered in the EIS process,
including the mining permit, before the EIS is determined to be adequate. DNR must
generally make final decisions on those approvals within 90 days after the
determination of adequacy, but the deadline may be extended with the consent of the
applicant and the deadline does not apply if a longer period is required for an
approval by federal law or other state law.
Net proceeds occupation tax
Under current law, the state imposes a net proceeds occupation tax on the
mining of metallic minerals in this state. The tax is based, generally, on a percentage
of net income from the sale of ore or minerals after certain mining processes have
been applied to the ore or minerals. The tax rates are annually adjusted to reflect
the change in gross national product. Gross national product, generally, measures
the output generated by U.S. enterprises, regardless of whether those enterprises
are located in this country.
Under current law, the revenue collected from the net proceeds occupation tax
is deposited into the investment and local impact fund. The fund is managed by the
local impact fund board. The revenue is then distributed to the counties and
municipalities in which metallic minerals are being mined. In addition to paying the
net proceeds occupation tax, a person who intends to apply for a mining permit must
make an additional three payments of $50,000 each to the investment and local
impact fund. Those payment amounts are not annually adjusted to reflect the
change in gross national product.
Under the substitute amendment, instead of paying a net proceeds occupation
tax based on net income, a person who is mining ferrous minerals in this state would
pay a tax equal to $2.38 for each 2,240 pounds of mining product sold, based on a
three-year average. The tax rate would be annually adjusted to reflect the change
in the gross domestic product. Gross domestic product, generally, measures the total
output produced within the United States, regardless of whether the output is
produced by foreign companies. Under the substitute amendment, a person who
intends to apply for a mining permit must also make an additional three payments
of $100,000 each to the investment and local impact fund. Those payment amounts
are annually adjusted to reflect the change in gross domestic product.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1-ASA1,1
1Section
1. 70.375 (2) (a) of the statutes is amended to read:
SB1-ASA1,5,92
70.375
(2) (a)
In Except as provided in sub. (7), with respect to mines not in
3operation on November 28, 1981, there is imposed upon persons engaged in mining
4metalliferous minerals in this state a net proceeds occupation tax effective on the
5date on which extraction begins to compensate the state and municipalities for the
6loss of valuable, irreplaceable metalliferous minerals. The amount of the tax shall
7be determined by applying the rates established under sub. (5) to the net proceeds
8of each mine. The net proceeds of each mine for each year are the difference between
9the gross proceeds and the deductions allowed under sub. (4) for the year.
SB1-ASA1,2
10Section
2. 70.375 (5) (intro.) of the statutes is amended to read:
SB1-ASA1,5,1311
70.375
(5) Rates. (intro.)
The Except as provided in sub. (7), the tax to be
12assessed, levied and collected upon persons engaging in mining metalliferous
13minerals in this state shall be computed at the following rates:
SB1-ASA1,3
1Section
3. 70.375 (6) of the statutes is amended to read:
SB1-ASA1,6,192
70.375
(6) Indexing. For Except as provided in sub. (7), for calendar year 1983
3and corresponding fiscal years and thereafter, the dollar amounts in sub. (5) and s.
470.395 (1) and (2) (d) 1m. and 5. a. and (dg) shall be changed to reflect the percentage
5change between the gross national product deflator for June of the current year and
6the gross national product deflator for June of the previous year, as determined by
7the U.S. department of commerce as of December 30 of the year for which the taxes
8are due, except that no annual increase may be more than 10%. For calendar year
91983 and corresponding fiscal years and thereafter until calendar year 1997 and
10corresponding fiscal years, the dollar amounts in s. 70.395 (1m), 1995 stats., shall be
11changed to reflect the percentage change between the gross national product deflator
12for June of the current year and the gross national product deflator for June of the
13previous year, as determined by the U.S. department of commerce as of December
1430 of the year for which the taxes are due, except that no annual increase may be
15more than 10%. The revised amounts shall be rounded to the nearest whole number
16divisible by 100 and shall not be reduced below the amounts under sub. (5) on
17November 28, 1981. Annually, the department shall adopt any changes in dollar
18amounts required under this subsection and incorporate them into the appropriate
19tax forms.
SB1-ASA1,4
20Section
4. 70.375 (7) of the statutes is created to read:
SB1-ASA1,7,221
70.375
(7) Per ton rate. (a) Notwithstanding subs. (2), (5), and (6), for mines
22in operation after December 31, 2012, the tax assessed, levied, and collected from a
23person engaged in mining ferrous minerals in this state is an amount equal to $2.38
24for each 2,240 pounds of mining product sold, based on the average annual amount
1sold during the current year and the previous 2 years, not including any year in
2which no ferrous minerals are extracted in this state.
SB1-ASA1,7,83
(b) Beginning in 2014, and in each year thereafter, the department shall change
4the dollar amounts under par. (a) and s. 70.395 (2) (dc) 1., 2., and 3. to reflect the
5percentage change between the gross domestic product deflator for June of the
6current year and the gross domestic product deflator for June of the previous year,
7as determined by the federal department of commerce on December 30 of the year
8in which the taxes are due.
SB1-ASA1,5
9Section
5. 70.395 (2) (dc) 1. of the statutes is amended to read:
SB1-ASA1,7,1410
70.395
(2) (dc) 1. Each person intending to submit an application for a mining
11permit shall pay
$50,000 $100,000, as adjusted under s. 70.375 (7) (b), to the
12department of revenue for deposit in the investment and local impact fund at the
13time that the person notifies the department of natural resources under s. 293.31 (1)
14or 293.495 (2) of that intent.
SB1-ASA1,6
15Section
6. 70.395 (2) (dc) 2. of the statutes is amended to read:
SB1-ASA1,7,1816
70.395
(2) (dc) 2. A person making a payment under subd. 1. shall pay an
17additional
$50,000 $100,000, as adjusted under s. 70.375 (7) (b), upon notification by
18the board that the board has distributed 50% of the payment under subd. 1.
SB1-ASA1,7
19Section
7. 70.395 (2) (dc) 3. of the statutes is amended to read:
SB1-ASA1,7,2320
70.395
(2) (dc) 3. A person making a payment under subd. 2. shall pay an
21additional
$50,000 $100,000, as adjusted under s. 70.375 (7) (b), upon notification by
22the board that the board has distributed all of the payment under subd. 1. and 50%
23of the payment under subd. 2.
SB1-ASA1,8
24Section
8. 293.01 (4e) of the statutes is created to read:
SB1-ASA1,8,3
1293.01
(4e) "Ferrous mineral" means an ore or earthen material in natural
2deposits in or on the earth that primarily exists in the form of an iron oxide, including
3taconite and hematite.
SB1-ASA1,9
4Section
9. 293.01 (12m) of the statutes is created to read:
SB1-ASA1,8,75
293.01
(12m) "Nonsulfide ferrous mining" means the mining of ferrous
6minerals at a mining site where the department determines that it is not likely that
7any of the disturbed areas will contain significant amounts of sulfide minerals.
SB1-ASA1,10
8Section
10. 293.32 of the statutes is amended to read:
SB1-ASA1,8,14
9293.32 Prospecting and mining fees.
(1) When a person gives notice under
10s. 293.31 (1)
or 293.495 (2), the person shall pay a fee established by the department
11by rule designed to cover the costs incurred by the department in connection with the
12proposed prospecting or mining during the year following receipt of the notice, other
13than any costs related to the environmental impact statement for the proposed
14prospecting or mining.
SB1-ASA1,8,22
15(2) The department shall annually compare the fees paid under this section
16and under chs. 30, 280 to 292 and 295 to 299 in connection with proposed prospecting
17or mining for which notice has been given under s. 293.31 (1)
or 293.495 (2) with the
18costs incurred by the department in connection with that proposed prospecting or
19mining, including the costs incurred under chs. 30, 280 to 292 and 295 to 299 but
20excluding costs related to the environmental impact statement. If the costs incurred
21exceed the fees paid, the person who notified the department shall pay a fee equal
22to the amount by which the costs exceed the fees previously paid.
SB1-ASA1,9,9
23(3) When the department issues or denies a prospecting or mining permit or
24when a person who gave notice under s. 293.31 (1)
or 293.495 (2) ceases to seek
25approval of the proposed prospecting or mining project, the department shall
1compare the fees paid under this section and under chs. 30, 280 to 292 and 295 to 299
2in connection with the proposed prospecting or mining with the costs incurred by the
3department in connection with the proposed prospecting or mining, including the
4costs incurred under chs. 30, 280 to 292 and 295 to 299 but excluding costs related
5to the environmental impact statement. If the costs incurred are less than the fees
6paid, the department shall pay the person who gave notice the amount by which the
7fees exceed the costs. If the costs incurred exceed the fees paid, the person who
8notified the department shall pay a final fee equal to the amount by which the costs
9exceed the fees previously paid.
SB1-ASA1,11
10Section
11. 293.33 (3) of the statutes is amended to read:
SB1-ASA1,9,1611
293.33
(3) Persons giving notice under s. 293.31 (1)
or 293.495 (2) shall
12thereafter appoint a liaison person to any committee established under sub. (1) or (2),
13and shall provide such reasonable information as is requested by the committee.
14Operators and persons giving notice under s. 293.31
or 293.495 (2) shall thereafter
15make reasonable efforts to design and operate mining operations in harmony with
16community development objectives.
SB1-ASA1,12
17Section
12. 293.39 (4) and (5) of the statutes are created to read:
SB1-ASA1,9,2018
293.39
(4) (a) A person proposing to engage in nonsulfide ferrous mining shall
19prepare and submit to the department an environmental impact report for the
20nonsulfide ferrous mining project.
SB1-ASA1,9,2521
(b) The department shall determine whether an environmental impact report
22submitted under par. (a) or (c) is complete no later than 30 days after receiving the
23environmental impact report. The department shall notify the person submitting
24the environmental impact report of its determination no later than 5 days after
25making the determination.
SB1-ASA1,10,4
1(c) If the department determines that an environmental impact report
2submitted under par. (a) is incomplete, the person proposing to engage in nonsulfide
3ferrous mining shall prepare and submit to the department a revised environmental
4impact report for the ferrous mining project.
SB1-ASA1,10,145
(d) No more than 30 days after providing notification under par. (b) that an
6environmental impact report is complete, the department shall prepare a draft
7scoping statement consisting of at least the following: a description of known
8governmental approvals or reviews required for the nonsulfide ferrous mining
9project; a description of the issues to be covered in the environmental impact
10statement; alternatives that will be addressed in the environmental impact
11statement; identification of areas potentially affected by the project and by related
12actions; and identification of necessary studies requiring compilation of existing
13information or the development of new data that can be generated within a
14reasonable amount of time and at a reasonable cost.
SB1-ASA1,10,1815
(e) No more than 10 days after completing its responsibilities under par. (d),
16the department shall publish a class 1 notice, under ch. 985, in a newspaper with
17general circulation in the area in which the proposed site is located and in the official
18state newspaper, that includes all of the following:
SB1-ASA1,10,1919
1. The name and location of the proposed nonsulfide ferrous mining project.
SB1-ASA1,10,2020
2. A brief description of the proposed project.
SB1-ASA1,10,2221
3. The location at which copies of the environmental impact report and draft
22scoping statement are available for review.
SB1-ASA1,10,2423
4. The description of the opportunity to comment on the appropriate scope of
24the environmental impact statement for the project.
SB1-ASA1,11,2
15. A statement that the period for written comment expires 30 days after the
2date of publication of the notice.
SB1-ASA1,11,33
6. The procedures for commenting.
SB1-ASA1,11,44
7. The date, time, and place of the public informational meeting under par. (g).
SB1-ASA1,11,105
(f) The department shall also provide the notice under par. (e) to the person who
6submitted the environmental impact report, the U.S. army corps of engineers, the
7federal environmental protection agency; the U.S. fish and wildlife service, the state
8historical society, any federally recognized American Indian tribe or band that may
9be affected by the proposed project, and any local governmental unit in which the
10project will take place.
SB1-ASA1,11,1311
(g) At least 10 days, but not more than 20 days after publication of the notice
12under par. (e), the department shall hold at least one public informational meeting
13to discuss the scope of the environmental impact statement.
SB1-ASA1,11,2314
(h) The department shall issue its final decision on the scope of the
15environmental impact statement no later than 15 days after the end of the public
16comment period. The department shall include at least all of the following in the
17scoping decision: a description of known governmental approvals or reviews
18required for the nonsulfide ferrous mining project; a description of the issues to be
19covered in the environmental impact statement; alternatives that will be addressed
20in the environmental impact statement; identification of areas potentially affected
21by the project and by related actions; and identification of necessary studies
22requiring compilation of existing information or the development of new data that
23can be generated within a reasonable amount of time and at a reasonable cost.
SB1-ASA1,12,724
(i) No later than 30 days after it issues the scoping decision, the department
25shall submit to the person who submitted the environmental impact report a draft
1cost agreement. The agreement shall include the estimated cost of preparing the
2environmental impact statement and a brief description of the tasks and the cost of
3each task to be performed by each party in preparing and distributing the
4environmental impact statement. The person may request changes in the cost
5agreement. If, within 30 days after the person receives the draft cost agreement, the
6department and the person have not signed a cost agreement, either party may refer
7the matter to the secretary of administration for resolution.
SB1-ASA1,12,108
(im) No later than 10 days after finalizing the cost agreement under par. (i), the
9person entering into the cost agreement with the department shall pay to the
10department 50 percent of the estimated costs under the cost agreement.
SB1-ASA1,12,1411
(j) No later than 45 days after receiving the payment under par. (im), the
12department shall publish a class 1 notice, under ch. 985, in at least one newspaper
13of general circulation in each county where the project will occur and in the official
14state newspaper, containing a summary of the scoping decision.
SB1-ASA1,13,815
(k) After the department publishes the notice under par. (j), the department
16shall prepare a preliminary environmental impact statement for the proposed
17nonsulfide ferrous mining project in accordance with the scoping decision. When the
18preliminary environmental impact statement is complete, the department shall
19make it available for public review and comment and shall publish a class 1 notice,
20under ch. 985, of completion of the preliminary environmental impact statement, of
21the ability to comment on the preliminary environmental impact statement, and of
22the date, time, and place of the public meeting under par. (L) in at least one
23newspaper of general circulation in each county where the project will occur and in
24the official state newspaper. The department shall also distribute a summary of the
25preliminary environmental impact statement and notice of the date, time, and place
1of the meeting under par. (L) to the person who submitted the environmental impact
2report, the U.S. army corps of engineers, the federal environmental protection
3agency, the U.S. fish and wildlife service, the state historical society, any federally
4recognized American Indian tribe or band that may be affected by the proposed
5project, any local governmental unit in which the project will take place, any person
6that submitted substantive comments within the comment period on the
7environmental impact report and the draft scoping statement, and any person
8requesting the summary.
SB1-ASA1,13,149
(L) Not less than 15 days after publication of the notice under par. (k), the
10department shall conduct a public informational meeting on the adequacy of the
11preliminary environmental impact statement in a county in which at least part of the
12proposed mining site is located. The department shall receive public comments on
13the adequacy of the preliminary environmental impact statement for at least 10 days
14after the day on which it conducts the public informational meeting.
SB1-ASA1,14,515
(m) The department shall prepare a final environmental impact statement,
16taking into consideration the comments received under par. (L). When the final
17environmental impact statement is complete, the department shall make it available
18for public review and comment and shall publish a class 1 notice, under ch. 985, of
19completion of the final environmental impact statement, of the ability to submit
20written comments on the final environmental impact statement, and of the date by
21which comments must be submitted, in at least one newspaper of general circulation
22in each county where the project will occur and in the official state newspaper. The
23department shall also distribute a summary of the final environmental impact
24statement to the person who submitted the environmental impact report, the U.S.
25army corps of engineers, the federal environmental protection agency, the U.S. fish
1and wildlife service, the state historical society, any federally recognized American
2Indian tribe or band that may be affected by the proposed project, any local
3governmental unit in which the project will take place, any person that submitted
4substantive comments within the comment period on the preliminary environmental
5impact statement, and any person requesting the summary.
SB1-ASA1,14,146
(n) The department shall accept written comments on the adequacy of the final
7environmental impact statement for at least 10 days after the day on which the notice
8under par. (m) is published. The department shall make the determination of
9adequacy of the final environmental impact statement at least 10 days after
10publication of the notice of availability of the final environmental impact statement.
11The department shall make the determination of adequacy of the final
12environmental impact statement within 280 days after publication of the notice
13under par. (j) unless the time is extended by consent of the person submitting the
14environmental impact report or by the governor for good cause.
SB1-ASA1,15,415
(o) If the department determines that the environmental impact statement is
16inadequate, the department shall prepare an adequate environmental impact
17statement within 60 days of that determination. When the adequate environmental
18impact statement is complete, the department shall publish a class 1 notice, under
19ch. 985, of completion of the environmental impact statement in at least one
20newspaper of general circulation in each county where the project will occur and in
21the official state newspaper. The department shall also distribute a summary of the
22adequate environmental impact statement to the person who submitted the
23environmental impact report, the U.S. army corps of engineers, the federal
24environmental protection agency, the U.S. fish and wildlife service, the state
25historical society, any federally recognized American Indian tribe or band that may
1be affected by the proposed project, any local governmental unit in which the project
2will take place, any person that submitted substantive comments within the
3comment period on the previous version of the environmental impact statement, and
4any person requesting the summary.
SB1-ASA1,15,7
5(5) (a) The department may not issue a mining permit or any other approval
6required in connection with a nonsulfide ferrous mining project before it determines
7that the environmental impact statement for the project is adequate.
SB1-ASA1,15,128
(b) Within 90 days after the determination of adequacy of a final environmental
9impact statement, the department shall make final decisions on those approvals that
10were identified as required in the scoping process and for which information was
11developed concurrently with the preparation of the environmental impact
12statement, except as follows: