70.395(2)(d)5.a.a. To each municipality that contains a metalliferous mining site in respect to which an application for a mining permit has been made prior to January 1, 1986, until a final decision is made on that application or for 4 years, whichever is the shorter period, $100,000 annually. To each municipality that contains a metalliferous mining site at which construction has begun prior to January 1, 1989, but at which extraction has not been engaged in for at least 3 years, $100,000 annually. The funds under this subdivision shall be used only for mining-related purposes. Payments under this subdivision are payable 30 days following submission of the application or commencement of construction. Payments shall be made on a project fiscal year basis commencing on the date of submission or commencement of construction. In this subdivision, “municipality" means a city, town or village and any Native American community contained within such a city, town or village.
70.395(2)(d)5.b.
b. Annually, after the board has determined that the use of the funds is for mining-related purposes associated with construction of the specific project in the project fiscal year, to each county that contains a metalliferous mining site at which construction is begun prior to January 1, 1989, but at which extraction has not been engaged in, $300,000 annually reduced by the amount of property taxes paid to the county during the current fiscal year on improvements and also reduced by any payments received under subds.
1. and
1m. The funds under this subd.
5. b. shall be used only for mining-related purposes. Payments shall be made on a project fiscal year basis commencing on the date of commencement of construction, and are payable 30 days following the close of the fiscal year.
70.395(2)(d)5.c.
c. To each Native American community, county, city, town and village that contains at least 15 percent of a minable ore body in respect to which construction has begun at a metalliferous mining site but in respect to which extraction has not begun, $100,000 as a one-time payment. Those payments shall be made on or before the date 30 days after the beginning of construction.
70.395(2)(dc)1.1. Each person intending to submit an application for a mining permit under s.
293.37 or
295.47 shall pay $75,000 to the department of revenue for deposit in the investment and local impact fund at the time that the person notifies the department of natural resources under s.
293.31 (1) or
295.465 of that intent.
70.395(2)(dc)2.
2. A person making a payment under subd.
1. shall pay an additional $75,000 upon notification by the board that the board has distributed 50 percent of the payment under subd.
1. 70.395(2)(dc)3.
3. A person making a payment under subd.
2. shall pay an additional $75,000 upon notification by the board that the board has distributed all of the payment under subd.
1. and 50 percent of the payment under subd.
2. 70.395(2)(dc)4.
4. Six months after the signing of a local agreement under s.
293.41 or
295.443 for the proposed mine for which the payment is made, the board shall refund any funds paid under this paragraph but not distributed under par.
(fm) from the investment and local impact fund to the person making the payment under this paragraph.
70.395(2)(dg)
(dg) Each person constructing a metalliferous mining site shall pay to the department of revenue for deposit in the investment and local impact fund, as a construction fee, an amount sufficient to make the construction period payments under par.
(d) 5. in respect to that site. Any person paying a construction fee under this paragraph may credit against taxes due under s.
70.375 an amount equal to the payments that the taxpayer has made under this paragraph, provided that the credit does not reduce the taxpayer's liability under s.
70.375 below the amount needed to make the first-dollar payments under par.
(d) 1.,
2. and
2m. for that year in respect to the taxpayer's mine. Any amount not creditable because of that limitation in any year may be carried forward.
70.395(2)(e)
(e) If the appropriations under ss.
20.566 (7) (e) and
(v) in any year are insufficient to make all payments under par.
(d), full payments shall be made in the order listed in subds.
1. to
4., except that construction period payments under par.
(d) 5. for which a person mining has made a construction fee payment under par.
(dg) shall be made first. If funds are insufficient to pay the full amounts payable at a particular priority level listed in subds.
1. to
4., payments shall be prorated among the entities entitled to payments at that level:
70.395(2)(f)
(f) A school district may apply to the board for payments from the fund in an amount equal to the school district's nonshared costs. If the board finds that the school district has incurred costs attributable to enrollment resulting from the development and operation of metalliferous mineral mining and if the board and the school board of the school district reach an agreement on a payment schedule, the board shall certify to the department of administration for payment to the school district an amount equal to all or part of the nonshared costs of the school district in the year in which the initial agreement was reached. The board and the school district may, by mutual consent, modify the provisions of the agreement at any time. The payment shall be considered a nondeductible receipt for the purposes of s.
121.07 (6). In this paragraph, “nonshared costs" means the amount of the school district's principal and interest payments on long-term indebtedness and annual capital outlay for the current school year, which is not shared under s.
121.07 (6) (a) or other nonshared costs and which is attributable to enrollment increases resulting from the development of metalliferous mineral mining operations.
70.395(2)(fm)
(fm) The board may distribute a payment received under par.
(dc) to a county, town, village, city, tribal government or local impact committee authorized under s.
293.41 (3) or
295.443 only for legal counsel, qualified technical experts in the areas of transportation, utilities, economic and social impacts, environmental impacts and municipal services and other reasonable and necessary expenses incurred by the recipient that directly relate to the good faith negotiation of a local agreement under s.
293.41 or
295.443 for the proposed mine for which the payment is made.
70.395(2)(g)
(g) The board may distribute the revenues received under sub.
(1e) or proceeds thereof in accordance with par.
(h) for the following purposes, with a preference to private sector economic development projects under subd.
3., as the board determines necessary:
70.395(2)(g)1.
1. Protective services, such as police and fire services associated with the construction and operation of the mine site.
70.395(2)(g)2.
2. Highways, as defined in s.
990.01 (12), repaired or constructed as a consequence of the construction and operation of the mine site.
70.395(2)(g)3.
3. Studies and projects for local private sector economic development.
70.395(2)(g)4.
4. Monitoring the effects of the mining operation on the environment.
70.395(2)(g)5.
5. Extraordinary community facilities and services provided as a result of mining activity.
70.395(2)(g)6.
6. Legal counsel and technical consultants to represent and assist municipalities appearing before state agencies on matters relating to metalliferous mineral mining.
70.395(2)(g)7.
7. Other expenses associated with the construction, operation, cessation of operation or closure of the mine site.
70.395(2)(g)8.
8. The preparation of areawide community service plans for municipalities applying for funds under par.
(h) which identify social, economic, educational and environmental impacts associated with mining and set forth a plan for minimizing the impacts.
70.395(2)(g)9.
9. Provision of educational services in a school district.
70.395(2)(g)10.
10. Expenses attributable to a permanent or temporary closing of a mine including the cost of providing retraining and other educational programs designed to assist displaced workers in finding new employment opportunities and the cost of operating any job placement referral programs connected with the curtailment of mining operations in any area of this state.
70.395(2)(h)1.
1. Distribution shall first be made to those municipalities in which metalliferous minerals are extracted or were extracted within 3 years previous to December 31 of the current year, or in which a permit has been issued under s.
293.49 or
295.58 to commence mining;