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AB1137,112 Section 112 . 293.43 (2m) of the statutes is repealed.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

AB1137,31,7 1. Mailing a copy of the notice to all known departments and agencies required to grant any permit necessary for the proposed operation, to any regional planning commission within which the affected area lies, to the governing bodies of all towns, villages, cities and counties within which any part of the proposed prospecting or mining site lies, to the governing bodies of any towns, villages, or cities contiguous to any town, village, or city within which any part of the proposed prospecting or mining site lies and to any interested persons who have requested such notification.

AB1137,31,14 2. Publication of a class 2 notice under ch. 985, utilizing a display advertising format, in the weekly newspaper published in the closest geographic proximity to the proposed prospecting or mining site, in the newspaper having the largest circulation in the county within which the proposed site lies, and in those newspapers published in counties contiguous to the county within which the proposed site lies that have a substantial circulation in the area of, or adjacent to, the proposed prospecting or mining site.

AB1137,31,20 3. Mailing a copy of the notice to the U.S. environmental protection agency, U.S. army corps of engineers, and other states potentially affected by the proposed discharge if a water discharge permit under ch. 283 will be considered at the hearing under this section and to the U.S. environmental protection agency and appropriate agencies in other states that may be affected if an air pollution control permit under ch. 285 will be considered at the hearing under this section.

AB1137,31,25 (c) Written comments may be submitted by any governmental agency within 80 days of the date of issuance of the statement under par. (b). Individual persons may submit written comments within 120 days of the date of issuance of the statement. The last day for receipt of comments shall be specified by the department in all notices.

AB1137,114 Section 114. 293.43 (3m) of the statutes is repealed.

AB1137,115 Section 115 . 293.43 (4) of the statutes is created to read:

AB1137,32,9 293.43 (4) Participation by local governments. Any county, town, village, or city receiving notice of the filing of an application in the manner provided under sub. (3) (a) or (b) shall refer the application and reclamation plan to a committee established under s. 293.33 (1) or (2), if any, for review and comment. Such counties, towns, villages, and cities may participate as a party in the hearing on the application and may make recommendations on the reclamation plan and future use of the project site.

AB1137,116 Section 116 . 293.43 (4m) of the statutes is repealed.

AB1137,117 Section 117 . 293.43 (5) of the statutes is created to read:

AB1137,32,20 293.43 (5) Hearing procedure. (a) At the opening of the hearing, the hearing examiner shall advise all persons present of their right to express their views either orally or in writing, under oath or otherwise, and of the legal effect of each form of testimony. All interested persons, at the hearing or at a time set prior to the hearing, shall be given an opportunity, subject to reasonable limitations on the presentation of repetitious or irrelevant material, to express their views on any aspect of the matters under consideration. The presentation of these views need not be under oath nor subject to cross-examination. A written record of unsworn testimony shall be made.

AB1137,32,24 (b) Persons who wish to participate as parties shall file a written notice with the hearing examiner setting forth their interest at least 30 days prior to the scheduled time of the hearing or prior to the scheduled time of any prehearing conference, whichever is earlier, unless good cause is shown.

AB1137,33,4 (c) The record shall consist of the contested case portion of the proceeding. Views given under par. (a) and all written comments submitted from any source shall be placed in the file of the proceeding and shall be given appropriate probative value by the hearing examiner.

AB1137,33,5 (d) Hearings conducted under this section may be continued for just cause.

AB1137,33,12 (e) If evidence of conformance with applicable zoning ordinances as required by s. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the department shall close the record and continue the hearing. The duration of the continuance of the hearing shall be specified by the department at the time the continuance begins, after first requesting the applicant to state the anticipated time at which the evidence will be provided. The continuance may be extended by the department prior to its expiration upon notice to all parties if good cause is shown.

AB1137,33,15 (f) Each approval or denial of a license or permit considered at the hearing under this section shall be made in findings of fact, conclusions of law, and an order setting forth reasons with clarity and in detail.

AB1137,118 Section 118. 293.47 (1) (b) of the statutes is amended to read:

AB1137,33,21 293.47 (1) (b) “Geologic information" means information concerning descriptions of a nonferrous an ore body, descriptions of reserves, tonnages, and grades of nonferrous ore, descriptions of a drill core or bulk sample including analysis, and descriptions of drill hole depths, distances, and similar information related to the nonferrous ore body.

AB1137,119 Section 119 . 293.49 (1) (a) (intro.) of the statutes is amended to read:

AB1137,33,25 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except with respect to property specified in s. 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds: