SB395,11 16Section 11. 293.13 (2) (b) 7. of the statutes is amended to read:
SB395,10,1817 293.13 (2) (b) 7. Removal and stockpiling, or other measures to protect topsoils
18prior to exploration, bulk sampling, prospecting, or mining.
SB395,12 19Section 12. 293.13 (2) (c) (intro.) of the statutes is amended to read:
SB395,10,2220 293.13 (2) (c) (intro.) Minimum standards for reclamation of exploration and
21bulk sampling
sites, where appropriate, and for prospecting and mining sites shall
22conform to s. 293.01 (23) and include provision for the following:
SB395,13 23Section 13. 293.13 (2) (c) 7. of the statutes is amended to read:
SB395,11,224 293.13 (2) (c) 7. Revegetation to stabilize disturbed soils and prevent air and
25water pollution, with the objective of reestablishing a variety of populations of plants

1and animals indigenous to the area immediately prior to exploration, bulk sampling,
2prospecting, or mining.
SB395,14 3Section 14. 293.15 (7m) of the statutes is created to read:
SB395,11,44 293.15 (7m) Issue approvals necessary for bulk sampling.
SB395,15 5Section 15. 293.15 (8) of the statutes is amended to read:
SB395,11,126 293.15 (8) Promulgate rules regulating the production, storage and disposal
7of radioactive waste from exploration, bulk sampling, prospecting, or mining after
8seeking comments from the department of health services. At a minimum, rules
9promulgated under this subsection shall achieve the margin of safety provided in
10applicable federal statutes and regulations. If the department promulgates rules
11under this subsection, the department shall investigate the need for standards more
12restrictive than the applicable federal statutes and regulations.
SB395,16 13Section 16. 293.26 of the statutes is created to read:
SB395,11,20 14293.26 Bulk sampling plan. (1) A person who intends to engage in bulk
15sampling may file a bulk sampling plan with the department. The collection of data
16under a bulk sampling plan may include sampling and analysis related to
17geophysical, geochemical, groundwater, and surface water conditions, as well as any
18other data or studies necessary to prepare an application for a mining permit,
19including the mining plan, reclamation plan, mining waste site feasibility study and
20plan of operation, or any other approval required for the proposed mining.
SB395,11,21 21(2) A person shall include all of the following in a bulk sampling plan:
SB395,11,2522 (a) A description and map of the bulk sampling site, including the number of
23acres in the site, the number of acres of land that will be disturbed, if any, associated
24with each bulk sampling location, and the locations and types of sampling or studies
25to be conducted at each bulk sampling location.
SB395,12,1
1(b) A description of the methods to be used for the bulk sampling.
SB395,12,42 (c) A site-specific plan for controlling surface erosion that conforms to
3requirements under ss. 281.33 (3) and 283.33 and that identifies how impacts to
4plant and wildlife habitats will be avoided or minimized to the extent practicable.
SB395,12,95 (d) A revegetation plan for each area where bulk sampling will be performed
6that describes how adverse impacts to the environment will be avoided or minimized
7to the extent practicable and how the site will be revegetated and stabilized and that
8identifies how adverse impacts to plant and wildlife habitats will be avoided or
9minimized to the extent practicable.
SB395,12,1110 (e) The estimated time for completing the bulk sampling and revegetation of
11the bulk sampling locations.
SB395,12,1412 (f) A description of any known adverse environmental impacts that are likely
13to be caused by the bulk sampling and how those impacts will be avoided or
14minimized to the extent practicable.
SB395,12,2015 (g) A description of any adverse effects, as defined in s. 44.31 (1), that the bulk
16sampling might have on any historic property, as defined in s. 44.31 (3), that is a
17listed property, as defined in s. 44.31 (4), that is on the Wisconsin inventory of historic
18places, as defined in s. 44.31 (12), or that is on the list of locally designated historic
19places under s. 44.45; or any scenic or recreational areas; and plans to avoid or
20minimize those adverse effects to the extent practicable.
SB395,13,3 21(3) The department shall protect as confidential any information, other than
22effluent data, contained in a bulk sampling plan and in any application for an
23approval that is required before the bulk sampling may be implemented, upon a
24showing that the information is entitled to protection as a trade secret, as defined in
25s. 134.90 (1) (c), and any information relating to the location, quality, or quantity of

1a nonferrous metallic mineral deposit, to production or sales figures, or to processes
2or production unique to the applicant or that would tend to adversely affect the
3competitive position of the applicant if made public.
SB395,13,11 4(4) Within 14 days of receipt of a bulk sampling plan, the department shall
5identify for the applicant, in writing, all approvals that are required before the bulk
6sampling may be implemented, any waivers, exemptions, or exceptions to those
7approvals that are potentially available, and any information that the department
8needs to issue the approvals or to issue a decision on any waiver, exemption, or
9exception. If no approvals are required, the department shall notify the applicant
10that no approvals are required and that the applicant may proceed with the bulk
11sampling.
SB395,13,15 12(5) If a storm water discharge permit under s. 283.33 (1) (a) or a water quality
13certification under rules promulgated under subch. II of ch. 281 to implement 33
14USC 1341
(a) is required before bulk sampling may be implemented, the person filing
15the bulk sampling plan may apply for and be issued the permit or certification.
SB395,13,19 16(6) The department shall act on any required construction site erosion control
17and storm water management approval, notwithstanding any authorization by the
18department of a local program to administer construction site erosion control and
19storm water management requirements.
SB395,13,20 20(7) An applicant shall submit all of the following at the same time:
SB395,13,2121 (a) Applications for individual approvals identified under sub. (4).
SB395,13,2322 (b) Applications for coverage under general permits or registration permits
23identified under sub. (4).
SB395,13,2524 (c) Applications for waivers, exemptions, or exceptions identified under sub.
25(4).
SB395,14,1
1(d) A bond, as provided in sub. (9).
SB395,14,10 2(8) (a) Notwithstanding any provision in ch. 23, 29, 30, 31, 169, 281, 283, 285,
3289, or 291 or in a rule promulgated under those chapters that is applicable to an
4approval identified under sub. (4), the application for any approval, for a waiver,
5exemption, or exception to an approval, or for a determination that the proposed bulk
6sampling activity is below the threshold that requires an approval, is considered to
7be complete on the 30th day after the department receives the application, unless,
8before that day, the department provides the applicant with written notification that
9the application is not complete, stating the reason for the determination and
10describing the specific information necessary to make the application complete.
SB395,14,1311 (b) If the department provides a notice under par. (a), the applicant shall
12supplement the application by providing the specified information. The application
13is complete when the applicant provides the information.
SB395,14,1814 (c) If the department determines that the issuance of an approval is contingent
15upon the issuance of a permit under s. 29.604 (6m), and if the application for the
16permit under s. 29.604 (6m) is filed with the approval application, the department
17may not determine that the approval application is incomplete on the basis that the
18department has not yet issued the permit under s. 29.604 (6m).
SB395,14,24 19(9) (a) A person who intends to engage in bulk sampling shall submit with the
20bulk sampling plan a bond in the amount of $5,000 that is conditioned on faithful
21performance of the requirements of this section, that is issued by a surety company
22licensed to do business in this state, and that provides that the bond may not be
23canceled by the surety, except after not less than 90 days' notice to the department
24in writing by registered or certified mail.
SB395,15,5
1(b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
2the person who filed the bulk sampling plan shall deliver a replacement bond at least
330 days before the expiration of the 90-day notice period. If the person fails to submit
4a replacement bond, the person may not engage in bulk sampling until the person
5submits a replacement bond.
SB395,15,106 (c) If the license of the surety company for a bond submitted under par. (a) is
7revoked or suspended, the person who filed the bulk sampling plan, within 30 days
8after receiving written notice from the department, shall deliver a replacement bond.
9If the person fails to submit a replacement bond, the person may not engage in bulk
10sampling until the person submits a replacement bond.
SB395,15,1411 (d) The department may require that the amount of the bond submitted under
12this subsection be increased at any time, if the department determines that it is
13unlikely that the bond would be adequate to fund the cost to this state of completing
14the revegetation plan.
SB395,15,1815 (e) The department shall release a bond submitted under this subsection one
16year after the time for completing the bulk sampling and the revegetation set forth
17in the bulk sampling plan if the department determines that the person who engaged
18in bulk sampling has complied with this section.
SB395,15,23 19(10) Notwithstanding any provision in ch. 23, 29, 30, 31, 169, 281, 283, 285,
20289, or 291 or a rule promulgated under those chapters applicable to an approval
21identified under sub. (4), the department shall require the bulk sampling activity for
22which the approval is issued to be conducted at locations that result in the fewest
23overall adverse environmental impacts.
SB395,16,3
1(11) (a) In determining whether to approve or deny an application for an
2approval identified under sub. (4), the department shall consider the site-specific
3erosion control plan, the revegetation plan, and any wetland mitigation program.
SB395,16,64 (b) The department may modify the application for an approval identified
5under sub. (4) in order to meet the requirements applicable to the approval, and, as
6modified, approve the application.
SB395,16,11 7(12) Notwithstanding any inconsistent period in ch. 23, 29, 30, 31, 169, 281,
8283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
9to an approval identified under sub. (4), the department shall approve or deny an
10application within 30 days after the day on which the application is considered to be
11complete under sub. (8) if any of the following applies:
SB395,16,1412 (a) The application is for a waiver, exemption, or exception to an approval for
13a bulk sampling activity or for a determination that the proposed bulk sampling
14activity is below the threshold that requires an approval.
SB395,16,1615 (b) The application is for a determination of eligibility for coverage or
16authorization to proceed under a general permit or a registration permit.
SB395,16,24 17(13) (a) Notwithstanding any inconsistent period in ch. 23, 29, 30, 31, 169, 281,
18283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
19to an approval identified under sub. (4), the department shall approve or deny any
20application for an approval identified under sub. (4) to which sub. (12) does not apply
21within 60 days after the date on which the application is considered to be complete
22under sub. (8), unless the application is for an individual permit for which federal law
23requires the opportunity for public comment or the ability to request a public hearing
24prior to issuance of the approval.
SB395,17,10
1(b) The department shall publish a class 1 notice, under ch. 985, and shall
2publish notice on the department's Internet site, that describes the availability of
3information concerning the activity for which an approval described in par. (a) is
4required, its proposed decision, its draft approval, information or summaries related
5to the approval, the department's analyses and preliminary determinations relating
6to the approval, any additional information that a law concerning the approval
7requires to be made available, and the opportunity to submit written comments
8within 30 days after the date of the publication of the notice. The date on which the
9department first publishes the notice on its Internet site shall be considered the date
10of the publication of the notice required to be published under this paragraph.
SB395,17,1811 (c) In the notice under par. (b), the department shall also specify the date, time,
12and location of the public informational hearing under par. (e). The department shall
13send the notice to any person to whom the department is required to give notice of
14any proposed determination, application, or hearing concerning an approval
15described in par. (a) under the laws relating to the issuance of the approval and to
16any person who has requested notice. The department's notice to interested persons
17under this paragraph may be given through an electronic notification system
18established by the department.
SB395,17,2519 (d) If there is more than one approval described in par. (a), the department shall
20issue one notice and coordinate the public comment period for all of the approvals.
21If possible, the department shall coordinate the notice and the public comment
22period for an approval that is an individual permit for which federal law requires the
23opportunity for public comment or the ability to request a public hearing prior to
24issuance of the approval with notice and the public comment period for the approvals
25described in par. (a).
SB395,18,11
1(e) The department shall hold a public informational hearing within 30 days
2after the date of the publication of the notice under par. (b). The department shall
3hold the public informational hearing in the county where the majority of the
4proposed bulk sampling site is located. If there is more than one approval described
5in par. (a), the department shall hold a single public informational hearing covering
6all of the approvals. If possible, the department shall include consideration of an
7approval that is an individual permit for which federal law requires the opportunity
8for public comment or the ability to request a public hearing prior to issuance of the
9approval in the public informational hearing under this paragraph. The public
10informational hearing under this paragraph is not a contested case hearing under
11ch. 227.
SB395,18,18 12(14) (a) If it is not possible to coordinate the public comment period and public
13informational hearing for an approval that is an individual permit for which federal
14law requires the opportunity for public comment or the ability to request a public
15hearing prior to issuance of the approval with the public comment period and public
16informational hearing under sub. (13), the department shall issue a separate public
17notice and hold a separate public informational hearing for the approval in
18accordance with the law governing the approval.
SB395,18,2319 (b) The department shall approve or deny the application for an approval that
20is an individual permit for which federal law requires the opportunity for public
21comment or the ability to request a public hearing prior to issuance of the approval
22within 180 days after the date on which the application is considered to be complete
23under sub. (8).
SB395,18,25 24(15) An approval identified under sub. (4) is issued upon mailing and is final
25and effective upon issuance.
SB395,19,3
1(16) The department is not required to prepare an environmental impact
2statement or an environmental assessment for an approval required for bulk
3sampling.
SB395,17 4Section 17. 293.31 (title) of the statutes is amended to read:
SB395,19,5 5293.31 (title) Data Preapplication notification; data collection.
SB395,18 6Section 18. 293.31 (1) of the statutes is amended to read:
SB395,20,157 293.31 (1) Any At least 12 months before filing an application for a prospecting
8permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to
9engage in a prospecting or mining project shall notify the department in writing of
10the intention to apply for a prospecting or mining permit. A person who intends to
11give notice of intent to apply for a prospecting or mining permit may, prior to
12obtaining, collecting, or generating environmental data intended to be used to
13support the permit application, submit to the department the methodology that the
14person intends to use in obtaining, collecting, or generating the data. The
15department shall review the proposed methodology and shall either inform the
16person that the proposed methodology will be accepted by the department or provide
17the person with the methodology that the department requires to be used. The
18department may assess the person submitting the proposed methodology a fee equal
19to the department's costs for reviewing the proposed methodology. If a
person
20intending to submit an application for a prospecting or mining permit shall notify the
21department prior to the collection of
obtains, collects, or generates data or
22information intended to be used to support the a prospecting or mining permit
23application. Specific environmental data which would be pertinent to a specific
24prospecting or mining application, but which was obtained or collected or generated
25prior to the notice of intent to apply for a prospecting or mining permit, shall be

1submitted in writing to the department together with any substantiating
2background information which would assist the department in establishing the
3validity of the data. The department shall review the data and, if it concludes that
4the benefits of permitting the admission of the data outweigh the policy reasons for
5excluding it, and if the data is otherwise admissible, inform the person giving the
6notice of intent to prospect or mine that the data will be accepted by the department.
7Such exclusion shall not relate to
without obtaining department approval of the
8person's methodology under sub. (4), the department may not exclude any of the data
9or information that consists of
general environmental information such as soil
10characteristics, hydrologic conditions, and air and water data contained in
11publications, maps, documents, studies, reports, and similar sources, whether public
12or private, not prepared by or for the applicant. Such exclusion shall likewise not
13relate to data which is otherwise admissible that is collected prior to notification
14under this subsection for purposes of evaluating another site or sites and which is
15not collected with intent to evade the provisions of this section.
SB395,19 16Section 19. 293.31 (2) of the statutes is amended to read:
SB395,20,1917 293.31 (2) Upon receipt of notification under sub. (1), the department shall give
18public notice of the notification in the same manner as provided under s. 293.43 (3)
19(2m) (b).
SB395,20 20Section 20. 293.31 (3) of the statutes is amended to read:
SB395,21,321 293.31 (3) The department shall also receive and consider any comments from
22interested persons received within 45 days after public notice is given under sub. (2)
23as to the information which they believe should be requested from the person giving
24notice of intent to apply for a prospecting or mining permit and the information
25which they believe the department should seek through independent studies. If the

1department holds a public informational hearing to receive comments from
2interested persons under this section, the hearing shall be completed within 45 days
3after public notice is given under sub. (2).
SB395,21 4Section 21. 293.31 (4) of the statutes is amended to read:
SB395,21,215 293.31 (4) After No later than 90 days after the receipt period for receiving and
6consideration of considering comments from interested persons under sub. (3), the
7department shall inform the person giving notice of intent to apply for a prospecting
8or mining permit of the type and quantity of information that it then believes to be
9needed to support an application, and, where applicable, the methodology to be used
10in gathering information. The department shall specifically inform the person giving
11notice of intent to apply for a prospecting or mining permit of the type and quantity
12of information on the characteristics of groundwater resources in the area in which
13prospecting or mining is anticipated to occur which the department believes is
14needed to support an application, including the information that the department
15believes should be included in the applicant's environmental impact report and the
16information that the department will need to prepare an environmental impact
17statement
. The department shall also begin informing inform the person giving
18notice of intent to apply for a prospecting or mining permit as to of the timely
19application date and other filing requirements for all other approvals, licenses, and
20permits, so as to facilitate the consideration of all other matters at the hearing on the
21prospecting or mining permit
relating to the proposed prospecting or mining project.
SB395,22 22Section 22. 293.31 (4m) of the statutes is created to read:
SB395,22,923 293.31 (4m) Before providing the information required under sub. (4), the
24department shall seek to enter into a memorandum of understanding with the
25applicant, the U.S. army corps of engineers, and any other federal regulatory agency

1with responsibilities related to the potential prospecting or mining operation to
2address sampling methodology and any other issue of mutual concern related to
3processing an application for a prospecting or mining permit. The memorandum
4may include an agreement between the department and the applicant relating to
5timelines, including timelines for the parties to conduct environmental studies and
6for granting or denying the prospecting or mining permit. The U.S. army corps of
7engineers, and any other federal agency that is a party to the memorandum, is not
8required to be a party to any agreement relating to timelines between the
9department and the applicant.
SB395,23 10Section 23. 293.32 (4) of the statutes is created to read:
SB395,22,1311 293.32 (4) Subchapter VI of ch. 289 does not apply to mining waste disposed
12of in a mining waste site covered by a mining permit, except that an operator shall
13pay the fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
SB395,24 14Section 24. 293.37 (5) of the statutes is created to read:
SB395,22,2015 293.37 (5) If the department requires an applicant for a mining permit to
16conduct engineering and hydrologic modeling to assess a mining waste site's
17performance relative to compliance with applicable groundwater quality standards
18and surface water quality standards, the department may not require the applicant
19to examine a period longer than the period in which the mining waste site is proposed
20to operate plus 250 years after closure of the mining waste site.
SB395,25 21Section 25. 293.40 of the statutes is created to read:
SB395,23,3 22293.40 Timeline for review. (1) Subject to subs. (4) and (5), within 180 days
23after an applicant submits an application for a prospecting or mining permit, an
24environmental impact report, if required, and any applications for other approvals,
25licenses, or permits relating to the prospecting or mining operation the department

1shall review the information submitted and, if necessary, provide comments to the
2applicant and request additional information from the applicant relating to the
3proposed prospecting or mining project.
SB395,23,9 4(2) Subject to subs. (4) and (5), if the department requests additional
5information from an applicant under sub. (1), within 90 days after the applicant
6provides additional information the department shall review the information
7submitted and, if necessary, provide comments to the applicant and request
8additional information from the applicant relating to the proposed prospecting or
9mining project.
SB395,23,20 10(3) Subject to sub. (5), if the department requests additional information from
11an applicant under sub. (2), within 180 days after the applicant provides additional
12information the department shall prepare a draft environmental impact statement,
13a draft prospecting or mining permit, and draft approvals, licenses, or permits
14relating to the prospecting or mining operation. If the department requests
15additional information from an applicant under sub. (1) but not under sub. (2), the
16department shall prepare these draft documents within 180 days after the expiration
17of the 90-day period under sub. (2). If the department does not request additional
18information from an applicant under sub. (1) or sub. (2), the department shall
19prepare these draft documents within 180 days after the expiration of the 180-day
20period under sub. (1).
SB395,24,6 21(4) Subject to sub. (5), if before the expiration of the 90-day period under sub.
22(2) the secretary of the department determines that the applicant has made a
23substantial modification to the mining or prospecting plan that significantly changes
24the information necessary to prepare an environmental impact statement or
25adequately review an application, the department shall notify the applicant of the

1secretary's determination and request additional information from the applicant.
2Upon the applicant's submission of additional information, the timeline under this
3section shall begin again, starting with the period described in sub. (1). A
4determination by the secretary under this subsection is not subject to administrative
5or judicial review and may be made only once during an applicant's permitting
6process.
SB395,24,8 7(5) The department and the applicant may agree to modify all or part of the
8timeline under this section.
SB395,24,14 9(6) The department may request additional information needed to process a
10prospecting or mining permit application or any other application for an approval,
11license, or permit related to the prospecting or mining operation after making
12requests for additional information under this section, but the department may not
13delay the application and review process based on another request for additional
14information.
SB395,26 15Section 26. 293.43 (1) of the statutes is amended to read:
SB395,24,1716 293.43 (1) Applicability. This section, and ch. 227 where it is not inconsistent,
17shall govern all hearings on applications for prospecting or mining permits.
SB395,27 18Section 27. 293.43 (1m) (b) of the statutes is amended to read:
SB395,25,1019 293.43 (1m) (b) Except as provided in this paragraph section, for all
20department issued approvals, licenses, and permits relating to prospecting or
21mining, including solid waste feasibility report approvals and permits related to air
22and water, to be issued after April 30, 1980, the notice, hearing , and comment
23provisions, if any, process and the time for issuance of decisions, shall be controlled
24by this section and ss. 293.45 and 293.49. If an applicant fails to make application
25for an approval, license or permit for an activity incidental to prospecting or mining

1in time for notice under this section to be provided, the notice and comment

2requirements, if any, shall be controlled by the specific statutory provisions with
3respect to that application. If notice under those specific statutory notice
4requirements can be given for consideration of the approval, license or permit at the
5hearing under this section, the application shall be considered at that hearing;
6otherwise, the specific statutory hearing provisions, if any, with respect to that
7application shall control.
The substantive requirements for the issuance of any
8approval, permit, or license incidental to prospecting or mining are not affected by
9the fact that a hearing on the approval, permit, or license is conducted as part of a
10hearing under this section.
SB395,28 11Section 28. 293.43 (2) of the statutes is repealed.
SB395,29 12Section 29. 293.43 (2m) of the statutes is created to read:
SB395,25,1613 293.43 (2m) Public information and notice. (a) The department shall make
14available for review in the city, village, or town in which the proposed prospecting or
15mining site is located, information concerning the proposed prospecting or mining
16site, including all of the following:
SB395,25,1817 1. The application for the prospecting or mining permit, including the mining
18plan, reclamation plan, and mining waste site feasibility study and plan of operation.
SB395,25,2019 2. All of the following relating to an approval other than the prospecting or
20mining permit:
SB395,25,2121 a. The application.
SB395,25,2222 b. A draft approval.
SB395,25,2323 c. Information or summaries relating to the draft approval.
SB395,26,3
13. The draft environmental impact statement, the environmental impact
2report, and any additional supporting information used in the department's
3evaluation of the proposed prospecting or mining.
SB395,26,44 4. The draft prospecting or mining permit.
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