§673 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

If a majority of the commission members agree within 30 days, the commission must issue an order that tells mine owners exactly how to run their operations. The order will explain methods, say what dams, reservoirs, or other holding works (if any) must be built and kept up, describe what they should be made of and where to place them, and list other rules to protect the public and prevent harm to navigable rivers and nearby land while following the rest of this chapter and its tax rules. The mine owner or owners must pay all costs of following the order. If the commission finds hydraulic mining can be done without harming navigation or nearby land, it may allow mining without requiring those dams or settling reservoirs, and if it does so (acting as a license to mine) the taxes on the gross proceeds under this chapter will not be collected.

Title 33, §673

Navigation and Navigable Waters — Source: USLM XML via OLRC

In case a majority of the members of said commission, within thirty days after the time so fixed, concur in the decision in favor of the petitioner or petitioners, the said commission shall thereupon make an order directing the methods and specifying in detail the manner in which operations shall proceed in such mine or mines; what restraining or impounding works, if any, if facilities therefor can be found, shall be built and maintained; how and of what material; where to be located; and in general set forth such further requirements and safeguards as will protect the public interests and prevent injury to the said navigable rivers and the lands adjacent thereto, with such further conditions and limitations as will observe all the provisions of this chapter in relation to the working thereof and the payment of taxes on the gross proceeds of the same: Provided, That all expense incurred in complying with said order shall be borne by the owner or owners of such mine or mines: And provided further, That where it shall appear to said commission that hydraulic mining may be carried on without injury to the navigation of said navigable rivers and the lands adjacent thereto, an order may be made authorizing such mining to be carried on without requiring the construction of any restraining or impounding works or any settling reservoirs: And provided also, That where such an order is made a license to mine, no taxes provided for in this chapter on the gross proceeds of such mining operations shall be collected.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1907—Act Feb. 27, 1907, inserted “if any” after “restraining or impounding works” and inserted last two provisos.

Statutory Notes and Related Subsidiaries

Transfer of Functions

California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.

§673 Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes