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1 determines that such claimant, or any person or association 2 which controls, is controlled by, or is under common control 3 with, such claimant has failed or refused to comply in any 4 material respect with the environmental protection require5 ments of this Act, the terms or conditions of an approved 6 plan of operations, applicable laws, or rules and regulations 7 established by the Secretary under this Act.

8 SEC. 105. ROYALTY.

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(a) RESERVATION OF ROYALTY.-Production of locata10 ble minerals from a claim located pursuant to this Act shall 11 be subject to a royalty of not less than 5 percent of gross 12 income from such production and in no event shall be less 13 than the applicable annual holding fee required pursuant to 14 section 102 of this Act.

15 (b) Payment oF ROYALTY.-Royalty payments shall 16 be made according to regulations established by the Secre17 tary of the Interior. The Secretary of the Interior may re18 quire to be filed with the royalty payment a copy of the parts 19 of the tax return filed with the Internal Revenue Service 20 determined by the Secretary of the Interior to be applicable 21 to determining gross income. The Commissioner of the Inter22 nal Revenue Service shall cooperate with the Secretary of 23 the Interior to verify the information submitted by the 24 claimant.

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1 SEC. 106. DISPOSITION OF RECEIPTS.

2 (a) STATE AND FEDERAL SHARE.-All receipts from

3 annual holding fees pursuant to section 102, surface use fees 4 pursuant to section 103, and royalties pursuant to section 5 105, shall be paid into the Treasury of the United States, 33 6 percent thereof shall be paid by the Secretary of the Treasury 7 to the State within the boundaries of which the locatable 8 mineral deposits are or were located, 33 percent to the Har9 drock Abandoned Mine Reclamation Fund established by sec10 tion 301 of this Act, and 34 percent to miscellaneous receipts 11 in the Treasury. Upon termination of the Hardrock Aban12 doned Mine Reclamation Fund, 50 percent of such receipts 13 shall be paid to the State within the boundaries of which the 14 locatable mineral deposits are or were located and 50 percent 15 to miscellaneous receipts in the Treasury.

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(b) ADMINISTRATION OF ACT.-Subject to appropria17 tion, all receipts from recordation fees collected pursuant to 18 section 101 shall be made available to the Secretary for the

19 administration of titles I, II, and IV of this Act.

20 SEC. 107. ASSIGNMENTS.

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Any claim may be assigned or transferred to any quali

22 fied person pursuant to regulations issued by the Secretary 23 that ensure compliance with the requirements of this Act.

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1 TITLE II-ENVIRONMENTAL PROTECTION

2 SEC. 201. STANDARD.

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Notwithstanding any other provision of law, the Secre

4 tary shall promulgate regulations and take appropriate action 5 to assure that all mineral activities pursuant to this Act are 6 conducted in a manner that will minimize adverse impacts on 7 the environment.

8 SEC. 202. LAND USE PLANNING.

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(a) PLAN PREPARATION.-Pursuant to the Federal 10 Land Management Policy Act, as amended (30 U.S.C. 1701 11 et seq.), the Forest and Rangeland Renewable Resources 12 Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.) 13 and the requirements of this Act, the Secretary shall develop, 14 maintain, and when appropriate, revise land use plans that 15 consider, address, and provide for mineral activities, as ap16 propriate. In preparing such land use plans, the Secretary is 17 authorized to prohibit, restrict, or condition certain types and 18 classes of mineral activities which conflict with other plan 19 objectives or management decisions of the Secretary.

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(b) CRITERIA.-Consideration of mineral activities pur21 suant to subsection (a) of this section shall include, but not be

22 limited to, the following

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(1) the location, nature, and extent of known or

24 inferred mineral deposits and existing mineral activi

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(2) an evaluation of the development potential of mineral deposits, together with the potential cumulative environmental impacts of exploration, development

and production of such deposits;

(3) an evaluation of non-mineral resources and values that may be affected by mineral activity, includ

ing but not limited to, recreation, range, timber, watershed, wildlife and fish resources, and scenic and cultural values;

(4) an evaluation of the prospects for reclaiming the mining area to satisfy the standards established by the Secretary under section 203 of this Act; and

(5) identification of specific areas where mineral activities shall be prohibited, restricted or conditioned and identification of conditions or restrictions to be applied in such areas. Specific areas to be considered for identification pursuant to this paragraph by the Secretary shall include, but not be limited to, the following

(A) areas of critical environmental concern established pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1531);

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(B) habitat for species listed under the Endangered Species Act (16 U.S.C. 1531) and criti

cal wildlife habitat;

(C) riparian and wetland areas;

(D) sites included on the National Register of Historic Sites and archeological and cultural sites of national significance;

(E) areas where surface and groundwater resources may be adversely and permanently affected by mineral activities.

(c) PLAN AMENDMENT.-Where a land use plan has 12 been completed, or where substantial progress has been made 13 toward completion of such a plan and the Secretary deter14 mines that completion and subsequent amendment of the land 15 use plan would better serve the purposes of this section than 16 initiating a new planning cycle, the Secretary shall take ap17 propriate steps to amend the land use plan to comply with 18 the provisions of this section. An amendment to a land use 19 plan made pursuant to this subsection shall not initiate a new 20 land use planning cycle.

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(d) SCHEDULE.-Within ninety days after the date of 22 enactment, the Secretary shall review the status of land use 23 plans to determine whether or not such plans conform with 24 the requirements of this section and shall publish a schedule 25 for amending existing land use plans with priority given to

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