33 U.S.C. § 673: Order by commission directing…

Summary

If most members of the commission agree for the petitioner within thirty days, the commission must issue an order that says exactly how mining must be done in the mine or mines. The order will lay out what holding or barrier works, if any, must be built and kept, what materials to use, where to put them, and other steps needed to protect navigable rivers and nearby land and to follow the rest of this chapter, including tax rules. The mine owner must pay all costs to follow the order. If the commission finds hydraulic mining can be done without harm, it may allow mining without requiring barriers or settling ponds, and if it issues such a license the taxes under this chapter on the mining’s gross earnings 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