AB1137,97 Section 97. 293.25 (4) of the statutes is amended to read:

AB1137,25,9 293.25 (4) Regulation of exploration and related provisions. Sections 293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB1137,98 Section 98 . 293.26 of the statutes is repealed.

AB1137,99 Section 99 . 293.31 (title) of the statutes is amended to read:

AB1137,25,12 293.31 (title) Preapplication notification; data Data collection.

AB1137,100 Section 100 . 293.31 (1) of the statutes is amended to read:

AB1137,26,22 293.31 (1) At least 12 months before filing an application for a prospecting permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to engage in a prospecting or mining project shall notify the department in writing of the intention to apply for a prospecting or mining permit. A person who intends to give notice of intent to apply for a prospecting or mining permit may, prior to obtaining, collecting, or generating environmental data intended to be used to support the permit application, submit to the department the methodology that the person intends to use in obtaining, collecting, or generating the data. The department shall review the proposed methodology and shall either inform the person that the proposed methodology will be accepted by the department or provide the person with the methodology that the department requires to be used. The department may assess the person submitting the proposed methodology a fee equal to the department's costs for reviewing the proposed methodology. If a Any person obtains, collects, or generates intending to submit an application for a prospecting or mining permit shall notify the department prior to the collection of data or information intended to be used to support a prospecting or mining the permit application without obtaining department approval of the person's methodology under sub. (4), the department may not exclude any of the data or information that consists of application. Specific environmental data which would be pertinent to a specific prospecting or mining application, but which was obtained or collected or generated prior to the notice of intent to apply for a prospecting or mining permit, shall be submitted in writing to the department together with any substantiating background information which would assist the department in establishing the validity of the data. The department shall review the data and, if it concludes that the benefits of permitting the admission of the data outweigh the policy reasons for excluding it, and if the data is otherwise admissible, inform the person giving the notice of intent to prospect or mine that the data will be accepted by the department. Such exclusion shall not relate to general environmental information such as soil characteristics, hydrologic conditions, and air and water data contained in publications, maps, documents, studies, reports, and similar sources, whether public or private, not prepared by or for the applicant. Such exclusion shall likewise not relate to data that is otherwise admissible and collected prior to notification under this subsection for purposes of evaluating another site and that is not collected with intent to evade the provisions of this section.

AB1137,101 Section 101 . 293.31 (2) of the statutes is amended to read:

AB1137,27,3 293.31 (2) Upon receipt of notification under sub. (1), the department shall give public notice of the notification in the same manner as provided under s. 293.43 (2m) (3) (b).

AB1137,102 Section 102 . 293.31 (3) of the statutes is amended to read:

AB1137,27,12 293.31 (3) The department shall also receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (2) as to the information which they believe should be requested from the person giving notice of intent to apply for a prospecting or mining permit and the information which they believe the department should seek through independent studies. If the department holds a public informational hearing to receive comments from interested persons under this section, the hearing shall be completed within 45 days after public notice is given under sub. (2).

AB1137,103 Section 103 . 293.31 (4) of the statutes is amended to read:

AB1137,28,6 293.31 (4) No later than 90 days after the period for receiving and considering After the receipt and consideration of comments from interested persons under sub. (3), the department shall inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information that it then believes to be needed to support an application and, where applicable, the methodology to be used in gathering information. The department shall specifically inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information on the characteristics of groundwater resources in the area in which prospecting or mining is anticipated to occur which the department believes is needed to support an application, including the information that the department believes should be included in the applicant's environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform begin informing the person giving notice of intent to apply for a prospecting or mining permit of as to the timely application date and other filing requirements for all other approvals, licenses, and permits relating to the proposed prospecting or mining project so as to facilitate the consideration of all other matters at the hearing on the prospecting or mining permit.

AB1137,104 Section 104 . 293.31 (4m) of the statutes is repealed.

AB1137,105 Section 105 . 293.32 (4) of the statutes is repealed.

AB1137,106 Section 106. 293.37 (4) (b) of the statutes is amended to read:

AB1137,28,20 293.37 (4) (b) If the department finds that the anticipated life and total area of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation of the mining site consistent with this chapter requires a comprehensive plan for the entire affected area, it shall require an operator to submit with the application for a mining permit, amended mining site or change in mining or reclamation plan, a comprehensive long-term plan showing, in detail satisfactory to the department, the manner, location and time for reclamation of the entire area of contiguous land which will be affected by mining and which is owned, leased or under option for purchase or lease by the operator at the time of application. Where a nonferrous metallic mineral deposit lies on or under the lands of more than one operator, the department shall require the operators to submit mutually consistent comprehensive plans.

AB1137,107 Section 107 . 293.37 (5) of the statutes is repealed.

AB1137,108 Section 108 . 293.40 of the statutes is repealed.

AB1137,109 Section 109 . 293.43 (1) of the statutes is amended to read:

AB1137,28,25 293.43 (1) Applicability. This section, and ch. 227 where it is consistent, shall govern all hearings on applications for prospecting or mining permits.

AB1137,110 Section 110. 293.43 (1m) (b) of the statutes is amended to read:

AB1137,29,18 293.43 (1m) (b) Except as provided in this section paragraph, for all department issued approvals, licenses, and permits relating to prospecting or mining, including solid waste feasibility report approvals and permits related to air and water, to be issued after April 30, 1980, the notice, hearing, and comment process provisions, if any, and the time for issuance of decisions shall be controlled by this section and ss. 293.45 and 293.49. If an applicant fails to make application for an approval, license, or permit for an activity incidental to prospecting or mining in time for notice under this section to be provided, the notice and comment requirements, if any, shall be controlled by this section and ss. 293.45 and 293.49 with respect to that application. If notice under this section and ss. 293.45 and 293.49 can be given for consideration of the approval, license, or permit at the hearing under this section, the application shall be considered at that hearing; otherwise, the specific statutory hearing provisions, if any, with respect to that application shall control. The substantive requirements for the issuance of any approval, permit, or license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit, or license is conducted as part of a hearing under this section.

AB1137,111 Section 111 . 293.43 (2) of the statutes is created to read:

AB1137,29,22 293.43 (2) Location. The hearing shall be held in the county where the prospecting or mining site, or the largest portion of the prospecting or mining site, is located, but may subsequently be adjourned to other locations.

AB1137,112 Section 112 . 293.43 (2m) of the statutes is repealed.

AB1137,113 Section 113 . 293.43 (3) of the statutes is created to read:

AB1137,30,12 293.43 (3) Timing of notice and of hearing; giving of notice. (a) If it is determined that a statement under s. 1.11 is not required, the hearing shall be scheduled for a date not less than 60 days nor more than 90 days after the announcement of that determination, and the scheduling and providing of notice shall be completed not later than 10 days following the announcement. Notice of the hearing shall be given by mailing a copy of the notice to any known state agency required to issue a permit for the proposed operation, to the regional planning commission for the affected area, to the county, city, village, and town within which any part of the affected area lies, to all persons who have requested this notification and, if applicable, to all persons specified under par. (b) 3. and s. 281.35 (5) (b) and (6) (f). Written comments may be submitted to the department within 30 days of the date of notice.

AB1137,30,24 (b) If it is determined that a statement under s. 1.11 is required, or if an environmental impact statement is required under s. 293.39, the department shall hold at least one informational meeting regarding the preliminary environmental report within 60 days of its issuance. The meeting shall be held not sooner than 30 days nor later than 60 days after the issuance of the report. The scheduling and providing of notice of the meeting shall be completed not later than 10 days following the issuance of the preliminary environmental report. A hearing referred to under sub. (1m) shall be scheduled for a date not less than 120 days nor more than 180 days after the issuance of the environmental impact statement. The scheduling and providing of notice of the hearing shall be completed within 30 days from the date of issuance of the environmental impact statement. The providing of notice shall be accomplished by doing all of the following: