-CITE-
    33 USC CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION            01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 663                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 664                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 665                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 666                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 667                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 668                                             01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 669                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 670                                             01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 671                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 672                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 673                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 674                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 675                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 676                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 677                                             01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 678                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 679                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 680                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 681                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION

-HEAD-
    Sec. 681. Repealed.

-MISC1-
    Sec. 681. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
      21, 1976, 90 Stat. 2792.
      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                                             01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 683                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 684                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 685                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 686                                             01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 687                                             01/03/2007

-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.

-End-