US (United States) Code. Title 32. Chapter 14: California Debris Commission

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-MISC1-

Sec.

661. Creation of commission; appointment of members;

vacancies; powers generally.

662. Organization; compensation of members; rules and

regulations of procedure; traveling expenses.

663. Territorial jurisdiction over hydraulic mining;

hydraulic mining injurious to navigation prohibited.

664. General duties as to plans for protection of

navigation.

665. Survey for debris reservoirs; study of methods of

mines and mining.

666. Noting conditions of navigable channels.

667. Annual reports.

668. "Hydraulic mining" and "mining by hydraulic process"

defined.

669. Petition by hydraulic miners.

670. Surrender to United States of right to regulate debris

of mine.

671. Petition for common dumping ground, etc.

672. Notice of petition for dumping grounds, etc.; hearing.

673. Order by commission directing method of mining, etc.;

expenses of complying with order; exemption from

mining taxes.

674. Plans for and supervision of work required by order;

permit to commence mining.

675. Conditions precedent for commencement of mining

operations.

676. Allotment of expenses for common dumping grounds;

location of impounding works.

677. Limitation as to quantity of debris washed away.

678. Modification and revocation of permit to mine.

679. Violation of permit to mine; penalty.

680. Examination of mines; reports.

681. Repealed.

682. Malicious injury to works; injury to navigable waters

by hydraulic mining; penalty.

683. Tax on operation of hydraulic mines; "debris fund";

advances by mine owners; storage for water and use of

outlet facilities.

684. Cooperation by commission with State authorities.

685. Construction by commission of restraining works, etc.;

use of debris fund.

686. Construction of restraining works in conjunction with

State.

687. Use of State dredge and appliances in river and harbor

improvements.

-End-

-CITE-

33 USC Sec. 661 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 661. Creation of commission; appointment of members;

vacancies; powers generally

-STATUTE-

A commission is created, to be known as the California Debris

Commission, consisting of three members. The President of the

United States shall, by and with the advice and consent of the

Senate, appoint the commission from officers of the Corps of

Engineers, United States Army. Vacancies occurring therein shall be

filled in like manner. It shall have the authority, and exercise

the powers set forth in sections 662 to 685 of this title, under

the supervision of the Chief of Engineers and direction of the

Secretary of the Army.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 1, 27 Stat. 507; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-CROSS-

ABOLITION OF CALIFORNIA DEBRIS COMMISSION

Pub. L. 99-662, title XI, Sec. 1106, Nov. 17, 1986, 100 Stat.

4229, provided that:

"(a) The California Debris Commission established by the first

section of the Act of March 1, 1893 (33 U.S.C. 661) is hereby

abolished.

"(b) All authorities, powers, functions, and duties of the

California Debris Commission are hereby transferred to the

Secretary [meaning Secretary of the Army, see 33 U.S.C. 2201].

"(c) The assets, liabilities, contracts, property, records, and

the unexpended balance of appropriations, authorizations,

allocations, and other funds employed, held, used arising from,

available to, or to be made available in connection with the

authorities, powers, functions, and duties transferred by this

section, subject to section 202 of the Budget and Accounting

Procedure Act of 1950 [see 31 U.S.C. 1531], are hereby transferred

to the Secretary for appropriate allocation. Unexpended funds

transferred pursuant to this subsection shall be used only for the

purposes for which the funds were originally authorized and

appropriated.

"(d) All acquired lands, and other interests therein presently

under the jurisdiction of the California Debris Commission are

hereby authorized to be retained, and shall be administered under

the direction of the Secretary, who is hereby authorized to take

such actions as are necessary to consolidate and perfect title; to

exchange for other lands or interests therein which may be required

for recreation or for existing or proposed projects of the United

States; to transfer to other Federal agencies or dispose of as

surplus property; and to release to the coextensive fee owners any

easements no longer required by the United States, under such

conditions or for such consideration as the Secretary shall

determine to be fair and reasonable. Except as specifically

provided herein all transactions will be in accordance with

existing laws and procedures."

-End-

-CITE-

33 USC Sec. 662 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 662. Organization; compensation of members; rules and

regulations of procedure; traveling expenses

-STATUTE-

Said commission shall organize by the selection of such officers

as may be required in the performance of its duties the same to be

selected from the members thereof. The members of said commission

shall receive no greater compensation than is now allowed by law to

each, respectively, as an officer of said Corps of Engineers. It

shall also adopt rules and regulations, not inconsistent with law,

to govern its deliberations and prescribe the method of procedure

under the provisions of this chapter. While traveling on duty the

officers of the commission shall receive the mileage allowed by

law.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 2, 27 Stat. 507; June 6, 1900, ch.

791, Sec. 1, 31 Stat. 631.)

-COD-

CODIFICATION

The last sentence of this section is from a provision

accompanying an appropriation for the expenses of the Commission in

the Sundry Civil Appropriation Act for 1901, which originally read

as follows: "So much of the Act of March third, eighteen hundred

and ninety-nine, as provides that the members of the California

Debris Commission shall receive only actual expenses in lieu of

mileage while traveling on duty is hereby repealed, and hereafter

the officers of the commission shall receive the mileage allowed by

law."

Act Mar. 3, 1899, ch. 424, Sec. 1, 30 Stat. 1109, mentioned in

said provision, provided that the officers of the Commission

traveling on duty might be paid their actual traveling expenses, in

lieu of mileage allowed by law, and should thereafter receive no

mileage.

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 663 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 663. Territorial jurisdiction over hydraulic mining; hydraulic

mining injurious to navigation prohibited

-STATUTE-

The jurisdiction of said commission, in so far as the same

affects mining carried on by the hydraulic process, shall extend to

all such mining in the territory drained by the Sacramento and San

Joaquin River systems in the State of California. Hydraulic mining,

as defined in section 668 of this title, directly or indirectly

injuring the navigability of said river systems, carried on in said

territory other than as permitted under the provisions of this

chapter is prohibited and declared unlawful.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 3, 27 Stat. 507.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 661, 669 of this title.

-End-

-CITE-

33 USC Sec. 664 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 664. General duties as to plans for protection of navigation

-STATUTE-

It shall be the duty of said commission to mature and adopt such

plan or plans, from examinations and surveys made prior to March 1,

1893, and from such additional examinations and surveys as it may

deem necessary, as will improve the navigability of all the rivers

comprising said systems, deepen their channels, and protect their

banks. Such plan or plans shall be matured with a view of making

the same effective as against the encroachment of and damage from

debris resulting from mining operations, natural erosion, or other

causes, with a view of restoring, as near as practicable and the

necessities of commerce and navigation demand, the navigability of

said rivers to the condition existing in 1860, and permitting

mining by the hydraulic process, as the term is understood in said

State, to be carried on, provided the same can be accomplished,

without injury to the navigability of said rivers or the lands

adjacent thereto.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 4, 27 Stat. 507.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 665 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 665. Survey for debris reservoirs; study of methods of mines

and mining

-STATUTE-

It shall further examine, survey, and determine the utility and

practicability, for the purposes hereinafter indicated, of storage

sites in the tributaries of said rivers and in the respective

branches of said tributaries, or in the plains, basins, sloughs,

and tule and swamp lands adjacent to or along the course of said

rivers, for the storage of debris or water or as settling

reservoirs, with the object of using the same by either or all of

these methods to aid in the improvement and protection of said

navigable rivers by preventing deposits therein of debris resulting

from mining operations, natural erosion, or other causes, or for

affording relief thereto in flood time and providing sufficient

water to maintain scouring force therein in the summer season; and

in connection therewith to investigate such hydraulic and other

mines as are or may have been worked by methods intended to

restrain the debris and material moved in operating such mines by

impounding dams, settling reservoirs, or otherwise, and in general

to make such study of and researches in the hydraulic mining

industry as science, experience, and engineering skill may suggest

as practicable and useful in devising a method or methods whereby

such mining may be carried on as aforesaid.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 5, 27 Stat. 507.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 666 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 666. Noting conditions of navigable channels

-STATUTE-

The said commission shall from time to time note the conditions

of the navigable channels of said river systems, by cross-section

surveys or otherwise, in order to ascertain the effect therein of

such hydraulic mining operations as may be permitted by its orders

and such as is caused by erosion, natural or otherwise.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 6, 27 Stat. 508.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 667 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 667. Annual reports

-STATUTE-

Said commission shall submit to the Chief of Engineers, for the

information of the Secretary of the Army, on or before the 15th day

of November of each year, a report of its labors and transactions,

with plans for the construction, completion, and preservation of

the public works outlined in this chapter, together with estimates

of the cost thereof, stating what amounts can be profitably

expended thereon each year. The Secretary of the Army shall

thereupon submit same to Congress on or before the meeting thereof.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 7, 27 Stat. 508; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 668 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 668. "Hydraulic mining" and "mining by hydraulic process"

defined

-STATUTE-

For the purposes of this chapter "hydraulic mining" and "mining

by the hydraulic process" are declared to have the meaning and

application given to said terms in the State of California.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 8, 27 Stat 508.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 661, 663 of this title.

-End-

-CITE-

33 USC Sec. 669 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 669. Petition by hydraulic miners

-STATUTE-

The individual proprietor or proprietors, or in case of a

corporation, its manager or agent appointed for that purpose,

owning mining ground in the territory in the State of California

mentioned in section 663 of this title, which it is desired to work

by the hydraulic process, must file with said commission a verified

petition, setting forth such facts as will comply with law and the

rules prescribed by said commission.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 9, 27 Stat. 508.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 661, 671 of this title.

-End-

-CITE-

33 USC Sec. 670 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 670. Surrender to United States of right to regulate debris of

mine

-STATUTE-

Said petition shall be accompanied by an instrument duly executed

and acknowledged, as required by the law of the said State, whereby

the owner or owners of such mine or mines surrender to the United

States the right and privilege to regulate by law, as provided in

this chapter, or any law that may be enacted after March 1, 1893,

or by such rules and regulations as may be prescribed by virtue

thereof, the manner and method in which the debris resulting from

the working of said mine or mines shall be restrained, and what

amount shall be produced therefrom; it being understood that the

surrender aforesaid shall not be construed as in any way affecting

the right of such owner or owners to operate said mine or mines by

any other process or method in use in said State on March 1, 1893:

Provided, That they shall not interfere with the navigability of

the aforesaid rivers.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 10, 27 Stat. 508.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 671 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 671. Petition for common dumping ground, etc.

-STATUTE-

The owners of several mining claims situated so as to require a

common dumping ground or dam or other restraining works for the

debris issuing therefrom in one or more sites may file a joint

petition setting forth such facts in addition to the requirements

of section 669 of this title; and where the owner of a hydraulic

mine or owners of several such mines have and use common dumping

sites for impounding debris or as settling reservoirs, which sites

are located below the mine of an applicant not entitled to use

same, such fact shall also be stated in said petition. Thereupon

the same proceedings shall be had as provided for herein.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 11, 27 Stat. 508.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act Mar. 1, 1893, which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 661, 676 of this title.

-End-

-CITE-

33 USC Sec. 672 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 672. Notice of petition for dumping grounds, etc.; hearing

-STATUTE-

A notice specifying briefly the contents of said petition and

fixing a time previous to which all proofs are to be submitted

shall be published by said commission in some newspaper or

newspapers of general circulation in the communities interested in

the matter set forth therein. If published in a daily paper such

publication shall continue for at least ten days; if in a weekly

paper in at least three issues of the same. Pending publication

thereof said commission, or a committee thereof, shall examine the

mine and premises described in such petition. On or before the time

so fixed all parties interested, either as petitioners or

contestants, whether miners or agriculturists, may file affidavits,

plans, and maps in support of their respective claims. Further

hearings, upon notice to all parties of record, may be granted by

the commission when necessary.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 12, 27 Stat. 508.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 673 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 673. Order by commission directing method of mining, etc.;

expenses of complying with order; exemption from mining taxes

-STATUTE-

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.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 13, 27 Stat. 508; Feb. 27, 1907, ch.

2077, 34 Stat. 1001.)

-MISC1-

AMENDMENTS

1907 - Act Feb. 27, 1907, inserted "if any" after "restraining or

impounding works" and inserted last two provisos.

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 661, 679 of this title.

-End-

-CITE-

33 USC Sec. 674 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 674. Plans for and supervision of work required by order;

permit to commence mining

-STATUTE-

Such petitioner or petitioners must within a reasonable time

present plans and specifications of all works required to be built

in pursuance of said order for examination, correction, and

approval by said commission; and thereupon work may immediately

commence thereon under the supervision of said commission or

representative thereof attached thereto from said Corps of

Engineers, who shall inspect same from time to time. Upon

completion thereof, if found in every respect to meet the

requirements of the said order and said approved plans and

specifications, permission shall thereupon be granted to the owner

or owners of such mine or mines to commence mining operations,

subject to the conditions of said order and the provisions of this

chapter.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 14, 27 Stat. 509.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 675 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 675. Conditions precedent for commencement of mining

operations

-STATUTE-

No permission granted to a mine owner or owners under this

chapter shall take effect, so far as regards the working of a mine,

until all impounding dams or other restraining works, if any are

prescribed by the order granting such permission, have been

completed and until the impounding dams or other restraining works

or settling reservoirs provided by said commission have reached

such a stage as, in the opinion of said commission, it is safe to

use the same: Provided, however, That if said commission shall be

of the opinion that the restraining and other works already

constructed at the mine or mines shall be sufficient to protect the

navigable rivers of said systems and the work of said commission,

then the owner or owners of such mine or mines may be permitted to

commence operations.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 15, 27 Stat. 509.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 676 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 676. Allotment of expenses for common dumping grounds;

location of impounding works

-STATUTE-

In case the joint petition referred to in section 671 of this

title is granted, the commission shall fix the respective amounts

to be paid by each owner of such mines toward providing and

building necessary impounding dams or other restraining works. In

the event of a petition being filed after the entry of such order,

or in case the impounding dam or dams or other restraining works

have already been constructed and accepted by said commission, the

commission shall fix such amount as may be reasonable for the

privilege of dumping therein, which amount shall be divided between

the original owners of such impounding dams or other restraining

works in proportion to the amount respectively paid by each party

owning same. The expense of maintaining and protecting such joint

dam or works shall be divided among mine owners using the same in

such proportion as the commission shall determine. In all cases

where it is practicable, restraining and impounding works are to be

provided, constructed, and maintained by mine owners near or below

the mine or mines before reaching the main tributaries of said

navigable waters.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 16, 27 Stat. 509.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 677 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 677. Limitation as to quantity of debris washed away

-STATUTE-

At no time shall any more debris be permitted to be washed away

from any hydraulic mine or mines situated on the tributaries of

said rivers and the respective branches of each, worked under the

provisions of this chapter, than can be impounded within the

restraining works erected.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 17, 27 Stat. 509.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 678 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 678. Modification and revocation of permit to mine

-STATUTE-

The said commission may, at any time when the condition of the

navigable rivers or when the capacities of all impounding and

settling facilities erected by mine owners or such as may be

provided by Government authority require same, modify the order

granting the privilege to mine by the hydraulic mining process so

as to reduce the amount thereof to meet the capacities of the

facilities then in use; or, if actually required in order to

protect the navigable rivers from damage or in case of failure to

pay the tax prescribed by section 683 of this title within thirty

days after same becomes due, may revoke same until the further

notice of the commission.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 18, 27 Stat. 509; June 19, 1934, ch.

661, Sec. 1, 48 Stat. 1118.)

-MISC1-

AMENDMENTS

1934 - Act June 19, 1934, inserted "or in case of failure to pay

the tax prescribed by section 683 of this title within thirty days

after same becomes due".

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 679 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 679. Violation of permit to mine; penalty

-STATUTE-

An intentional violation on the part of a mine owner or owners,

company, or corporation, or the agents or employees of either, of

the conditions of the order granted pursuant to section 673 of this

title, or such modifications thereof as may have been made by said

commission, shall work a forfeiture of the privileges thereby

conferred, and upon notice being served by the order of said

commission upon such owner or owners, company, or corporation, or

agent in charge, work shall immediately cease. Said commission

shall take necessary steps to enforce its orders in case of the

failure, neglect, or refusal of such owner or owners, company, or

corporation, or agents thereof, to comply therewith, or in the

event of any person or persons, company, or corporation working by

said process in said territory contrary to law.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 19, 27 Stat. 510.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 680 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 680. Examination of mines; reports

-STATUTE-

Said commission, or a committee therefrom, or officer of said

corps assigned to duty under its orders, shall, whenever deemed

necessary, visit said territory and all mines operating under the

provisions of this chapter. A report of such examination shall be

placed on file.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 20, 27 Stat. 510.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 681 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 681. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, act Mar. 1, 1893, ch. 183, Sec. 21, 27 Stat. 510; 1946

Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60

Stat. 1100, authorized the commission to use any of the public

lands, etc., of the United States, and the withdrawal of lands,

etc., required from sale or entry.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that the repeal is

effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701(a) of Pub. L. 94-579, set out as a note under section

1701 of Title 43, Public Lands.

-End-

-CITE-

33 USC Sec. 682 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 682. Malicious injury to works; injury to navigable waters by

hydraulic mining; penalty

-STATUTE-

Any person or persons who willfully or maliciously injure,

damage, or destroy, or attempt to injure, damage, or destroy, any

dam or other work erected under the provisions of this chapter for

restraining, impounding, or settling purposes, or for use in

connection therewith, shall be guilty of a misdemeanor, and upon

conviction thereof shall be fined not to exceed the sum of $5,000

or be imprisoned not to exceed five years, or by both such fine and

imprisonment, in the discretion of the court. And any person or

persons, company or corporation, their agents or employees, who

shall mine by the hydraulic process directly or indirectly injuring

the navigable waters of the United States, in violation of the

provisions of this chapter shall be guilty of a misdemeanor, and

upon conviction thereof shall be punished by a fine not exceeding

$5,000, or by imprisonment not exceeding one year, or by both such

fine and imprisonment, in the discretion of the court.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 22, 27 Stat. 510.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 683 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 683. Tax on operation of hydraulic mines; "debris fund";

advances by mine owners; storage for water and use of outlet

facilities

-STATUTE-

Upon the construction by the said commission of dams or other

works for the detention of debris from hydraulic mines and the

issuing of the order provided for by this chapter to any

individual, company, or corporation to work any mine or mines by

hydraulic process, the individual, company, or corporation

operating thereunder working any mine or mines by hydraulic

process, the debris from which flows into or is in whole or in part

restrained by such dams or other works erected by said commission,

shall pay for each cubic yard mined from the natural bank a tax

equal to the total capital cost of the dam, reservoir, and

rights-of-way divided by the total capacity of the reservoir for

the restraint of debris, as determined in each case by the

California Debris Commission, which tax shall be paid annually on a

date fixed by said commission and in accordance with regulations to

be adopted by the Secretary of the Treasury, and the Treasurer of

the United States is authorized to receive the same. All sums of

money paid into the Treasury under this section shall be set apart

and credited to a fund to be known as the "debris fund", and shall

be expended by said commission under the supervision of the Chief

of Engineers and direction of the Secretary of the Army, for

repayment of any funds advanced by the Federal Government or other

agency for the construction of restraining works and settling

reservoirs, and for maintenance: Provided, That said commission is

authorized to receive and pay into the Treasury from the owner or

owners of mines worked by the hydraulic process, to whom permission

may have been granted so to work under the provisions thereof, such

money advances as may be offered to aid in the construction of such

impounding dams, or other restraining works, or settling

reservoirs, or sites thereof, as may be deemed necessary by said

commission to protect the navigable channels of said river systems,

on condition that all moneys so advanced shall be refunded as the

said tax is paid into the said debris fund: And provided further,

That in no event shall the Government of the United States be held

liable to refund same except as directed by this section. The

Secretary of the Army is authorized to enter into contracts to

supply storage for water and use of outlet facilities from debris

storage reservoirs, for domestic and irrigation purposes and power

development upon such conditions of delivery, use, and payment as

he may approve: Provided, That the moneys received from such

contracts shall be deposited to the credit of the reservoir project

from which the water is supplied, and the total capital cost of

said reservoir, which is to be repaid by tax on mining operations

as provided in this section, shall be reduced in the amount so

received.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 23, 27 Stat. 510; June 19, 1934, ch.

661, Sec. 2, 48 Stat. 1118; June 25, 1938, ch. 653, 52 Stat. 1040;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-MISC1-

AMENDMENTS

1938 - Act June 25, 1938, inserted provisions relating to storage

for water and use of outlet facilities.

1934 - Act June 19, 1934, substituted an annual tax for each

cubic yard mined from the natural bank, based on total capital cost

divided by total capacity, for the 3 per centum gross proceeds tax,

and required money from debris fund to be expended in repayment of

Government advances for construction and maintenance, instead of

authorizing the expenditure of such money in addition to

appropriations for construction and maintenance.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40, July 22, 1949.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 661, 678 of this title.

-End-

-CITE-

33 USC Sec. 684 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 684. Cooperation by commission with State authorities

-STATUTE-

For the purpose of securing harmony of action and economy in

expenditures in the work to be done by the United States and the

State of California, respectively, the former in its plans for the

improvement and protection of the navigable streams and to prevent

the depositing of mining debris or other materials within the same,

and the latter in its plans authorized by law for the reclamation,

drainage, and protection of its lands, or relating to the working

of hydraulic mines, the said commission is empowered to consult

thereon with a commission of engineers of said State, if authorized

by said State for said purpose, the result of such conference to be

reported to the Chief of Engineers of the United States Army, and

if by him approved shall be followed by said commission.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 24, 27 Stat. 511.)

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 685 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 685. Construction by commission of restraining works, etc.;

use of debris fund

-STATUTE-

Said commission, in order that such material as is now or may

hereafter be lodged in the tributaries of the Sacramento and San

Joaquin River systems resulting from mining operations, natural

erosion, or other causes, shall be prevented from injuring the said

navigable rivers or such of the tributaries of either as may be

navigable and the land adjacent thereto, is directed and empowered,

when appropriations are made therefor by law, or sufficient money

is deposited for that purpose in said debris fund, to build at such

points above the head of navigation in said rivers and on the main

tributaries thereof, or branches of such tributaries, or any place

adjacent to the same, which in the judgment of said commission,

will effect said object (the same to be of such material as will

insure safety and permanency), such restraining or impounding dams

and settling reservoirs, with such canals, locks, or other works

adapted and required to complete same. The recommendations

contained in Executive Document Numbered 267, Fifty-first Congress,

second session, and Executive Document Numbered 98, Forty-seventh

Congress, first session, as far as they refer to impounding dams,

or other restraining works, are adopted, and the same are directed

to be made the basis of operations.

-SOURCE-

(Mar. 1, 1893, ch. 183, Sec. 25, 27 Stat. 511.)

-REFTEXT-

REFERENCES IN TEXT

Executive Document Numbered 267, referred to in text, contained a

report of Lieut. Col. G. H. Mendell, Corps of Engineers, U.S.A.,

dated Jan. 26, 1882, prepared pursuant to a provision in act June

14, 1880, ch. 211, 21 Stat. 196. Executive Document Numbered 98,

also referred to in text, contained a report by a board of

engineers created by act Oct. 1, 1888, ch. 1057, 25 Stat. 498.

-TRANS-

TRANSFER OF FUNCTIONS

California Debris Commission abolished and functions transferred

to Secretary of the Army by Pub. L. 99-662, title XI, Sec. 1106,

Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661 of this title.

-End-

-CITE-

33 USC Sec. 686 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 686. Construction of restraining works in conjunction with

State

-STATUTE-

The Secretary of the Army, in expending appropriations in the

preparation for and construction of works for the restraining or

impounding of mining debris in the State of California, is

authorized to enter into an agreement that the contractor shall

look solely to the State of California for one-half of such

expense, to be paid out of said State's appropriation, and the

United States shall in nowise be liable for said one-half.

The Secretary of the Army, in carrying out the provisions of any

Act of Congress, providing for the restraining or impounding of

mining debris in California, may, in his discretion, when in his

judgment the aggregate of appropriations already made by said State

and Congress and available therefor are sufficient to complete the

same, undertake the works necessary thereto by hired labor and by

purchase of supplies and materials therefor, and may accept

payments on account thereof as the work progresses under and

according to the provisions of the acts of the legislature of said

State for such purposes.

-SOURCE-

(July 1, 1898, ch. 546, Sec. 1, 30 Stat. 631; Mar. 3, 1899, ch.

425, Sec. 1, 30 Stat. 1148; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section was enacted as part of act Mar. 3, 1899, popularly known

as the "Rivers and Harbors Appropriation Act of 1899", and not as

part of act Mar. 1, 1893, ch. 183, 27 Stat. 507, which comprises

this chapter.

As originally enacted the first paragraph read as follows: "The

provisions of an Act of Congress, entitled 'An Act making

appropriations for sundry civil expenses of the Government for the

fiscal year ending June thirtieth, eighteen hundred and

ninety-nine, and for other purposes,' approved July first, eighteen

hundred and ninety-eight, authorizing the Secretary of War, in

expending certain specified appropriations in the preparation for

and construction of certain works for the restraining or impounding

of mining debris in the State of California, to enter into a

contract or contracts wherein the contractor or contractors shall

look solely to that State for one-half of such expense, and that

the United States shall in no wise be liable for said one-half, are

hereby extended to any appropriations, when made, that may

hereafter be made for said purposes."

Act July 1, 1898 authorized Secretary of War, in contracting for

construction of certain proposed works, to enter into an agreement

that contractor should look solely to California for half of

expenses.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 412 of this title.

-End-

-CITE-

33 USC Sec. 687 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-

Sec. 687. Use of State dredge and appliances in river and harbor

improvements

-STATUTE-

The Secretary of the Army is authorized to accept from the State

of California the use of any dredger, or appliances owned or

controlled by said State, conformably to any offer thereof by the

said State; and the Secretary of the Army is authorized to use any

such dredger or appliances in any river or harbor improvement that

may be prosecuted therein by the United States, either on the part

of the United States alone or conjointly with said State: Provided,

That nothing shall be paid to the State of California for the use

of said dredger, and that nothing herein contained shall create any

liability against the United States.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 1, 30 Stat. 1148; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section was enacted as part of act Mar. 3, 1899, popularly known

as the "Rivers and Harbors Appropriation Act of 1899", and not as

part of act Mar. 1, 1983, ch. 183, 27 Stat. 507, which comprises

this chapter.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 412 of this title.

-End-