Wis. Stat. § 70.395 — WI Code / Chapter 70 / Section 70.395
Section 70.395
Status: in_force

(hw) A recipient of a discretionary payment under par. (f) or (g) , sub. (3) or ss. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted to mining-related purposes who uses the payment for attorney fees may do so only for the purposes under par. (g) 6. and for processing mining-related permits or other approvals required by the municipality. The board shall recoup or withhold payments that are used or proposed to be used by the recipient for attorney fees except as authorized under this paragraph. The board may not limit the hourly rate of attorney fees for which the recipient uses the payment to a level below the hourly rate that is commonly charged for similar services.

(i) The board may require financial audits of all recipients of payments made under pars. (d) to (g) . The board shall require that all funds received under pars. (d) to (g) be placed in a segregated account. The financial audit may be conducted as part of a municipality’s or county’s annual audit, if one is conducted. The cost of the audits shall be paid by the board from the appropriation under s. 20.566 (7) (g) .

(j) Prior to the beginning of a fiscal year, the board shall certify to the department of administration for payment from the investment and local impact fund any sum necessary for the department of natural resources to make payments under s. 289.68 (3) for the long-term care of mining waste sites, if moneys in the waste management fund are insufficient to make complete payments during that fiscal year, but this sum may not exceed the balance in the waste management fund at the beginning of that fiscal year or 50 percent of the balance in the investment and local impact fund at the beginning of that fiscal year, whichever amount is greater.

(k) Prior to the beginning of each fiscal year, the board shall certify to the department of administration for payment from the investment and local impact fund any sum necessary for the department of natural resources to make payments under s. 292.31 for the environmental repair of mining waste sites, if moneys in the environmental fund that are available for environmental repair are insufficient to make complete payments during that fiscal year. This sum may not exceed the balance in the environmental fund at the beginning of that fiscal year or 50 percent of the balance in the investment and local impact fund at the beginning of that fiscal year, whichever amount is greater.

(3) Federal revenue distribution. The investment and local impact fund board shall distribute federal mining revenue received by the state from the sales, bonuses, royalties and rentals of federal public lands located within the state. The distribution of such federal revenues by the board shall give priority to those municipalities socially or economically impacted by mining on such federal lands and shall be used for planning, construction and maintenance of public facilities or provision of public services. The funds distributed under this subsection may be used only for mining-related purposes.

History: 1977 c. 31 , 185 , 423 ; 1979 c. 34 s. 2102 (46) (c) ; 1979 c. 63 ; 1979 c. 175 s. 53 ; 1981 c. 86 ss. 27 to 36 , 71 ; 1981 c. 374 s. 150 ; 1983 a. 27 ss. 1184u to 1185r , 2202 (38) and (45); 1983 a. 410 ss. 22 , 2202 (38) ; 1985 a. 29 ss. 1214s to 1214z , 3200 (46) (a) ; 1985 a. 332 s. 253 ; 1987 a. 399 ; 1989 a. 31 ; 1991 a. 39 , 259 ; 1995 a. 27 , 227 ; 1997 a. 27 ; 1999 a. 32 ; 2013 a. 1 ; 2021 a. 240 s. 30 .