dreamproit/uscode huggingface dataset:
33 U.S.C. § 672 (NAVIGATION AND NAVIGABLE WATERS)
§ 672. Notice of petition for dumping grounds, etc.; hearing
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.
(Mar. 1, 1893, ch. 183, § 12, 27 Stat. 508.)
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 673 (NAVIGATION AND NAVIGABLE WATERS)
§ 673. Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes
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.
(Mar. 1, 1893, ch. 183, § 13, 27 Stat. 508; Feb. 27, 1907, ch. 2077, 34 Stat. 1001.)
heading: Amendments
text: 1907—Act Feb. 27, 1907, inserted “if any” after “restraining or impounding works” and inserted last two provisos.
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 674 (NAVIGATION AND NAVIGABLE WATERS)
§ 674. Plans for and supervision of work required by order; permit to commence mining
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.
(Mar. 1, 1893, ch. 183, § 14, 27 Stat. 509.)
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 675 (NAVIGATION AND NAVIGABLE WATERS)
§ 675. Conditions precedent for commencement of mining operations
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.
(Mar. 1, 1893, ch. 183, § 15, 27 Stat. 509.)
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 676 (NAVIGATION AND NAVIGABLE WATERS)
§ 676. Allotment of expenses for common dumping grounds; location of impounding works
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.
(Mar. 1, 1893, ch. 183, § 16, 27 Stat. 509.)
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 677 (NAVIGATION AND NAVIGABLE WATERS)
§ 677. Limitation as to quantity of debris washed away
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.
(Mar. 1, 1893, ch. 183, § 17, 27 Stat. 509.)
33 U.S.C. § 678 (NAVIGATION AND NAVIGABLE WATERS)
§ 678. Modification and revocation of permit to mine
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.
(Mar. 1, 1893, ch. 183, § 18, 27 Stat. 509; June 19, 1934, ch. 661, § 1, 48 Stat. 1118.)
heading: Amendments
text: 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”.
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 679 (NAVIGATION AND NAVIGABLE WATERS)
§ 679. Violation of permit to mine; penalty
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.
(Mar. 1, 1893, ch. 183, § 19, 27 Stat. 510.)
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 680 (NAVIGATION AND NAVIGABLE WATERS)
§ 680. Examination of mines; reports
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.
(Mar. 1, 1893, ch. 183, § 20, 27 Stat. 510.)
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 681 (NAVIGATION AND NAVIGABLE WATERS)
§ 681. Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792
text: Section, act Mar. 1, 1893, ch. 183, § 21, 27 Stat. 510; 1946 Reorg. Plan No. 3, § 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.
heading: Effective Date of Repeal
text: Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal is effective on and after Oct. 21, 1976.
heading: Savings Provision
text: 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.
33 U.S.C. § 682 (NAVIGATION AND NAVIGABLE WATERS)
§ 682. Malicious injury to works; injury to navigable waters by hydraulic mining; penalty
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.
(Mar. 1, 1893, ch. 183, § 22, 27 Stat. 510.)
33 U.S.C. § 684 (NAVIGATION AND NAVIGABLE WATERS)
§ 684. Cooperation by commission with State authorities
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.
(Mar. 1, 1893, ch. 183, § 24, 27 Stat. 511.)
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 685 (NAVIGATION AND NAVIGABLE WATERS)
§ 685. Construction by commission of restraining works, etc.; use of debris fund
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.
(Mar. 1, 1893, ch. 183, § 25, 27 Stat. 511.)
heading: References in Text
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.
heading: Transfer of Functions
text: California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 686 (NAVIGATION AND NAVIGABLE WATERS)
§ 686. Construction of restraining works in conjunction with State
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.
(July 1, 1898, ch. 546, § 1, 30 Stat. 631; Mar. 3, 1899, ch. 425, § 1, 30 Stat. 1148; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Codification
text: 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.
heading: Change of Name
text: 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.
33 U.S.C. § 687 (NAVIGATION AND NAVIGABLE WATERS)
§ 687. Use of State dredge and appliances in river and harbor improvements
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.
(Mar. 3, 1899, ch. 425, § 1, 30 Stat. 1148; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Codification
text: 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.
heading: Change of Name
text: 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.
33 U.S.C. § 701a (NAVIGATION AND NAVIGABLE WATERS)
§ 701a. Declaration of policy of 1936 act
It is recognized that destructive floods upon the rivers of the United States, upsetting orderly processes and causing loss of life and property, including the erosion of lands, and impairing and obstructing navigation, highways, railroads, and other channels of commerce between the States, constitute a menace to national welfare; that it is the sense of Congress that flood control on navigable waters or their tributaries is a proper activity of the Federal Government in cooperation with States, their political subdivisions, and localities thereof; that investigations and improvements of rivers and other waterways, including watersheds thereof, for flood-control purposes are in the interest of the general welfare; that the Federal Government should improve or participate in the improvement of navigable waters or their tributaries, including watersheds thereof, for flood-control purposes if the benefits to whomsoever they may accrue are in excess of the estimated costs, and if the lives and social security of people are otherwise adversely affected.
(June 22, 1936, ch. 688, § 1, 49 Stat. 1570.)
33 U.S.C. § 701a–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 701a–1. “Flood control” defined; jurisdiction of Federal investigations
The words “flood control” as used in section 701a of this title, shall be construed to include channel and major drainage improvements and flood prevention improvements for protection from groundwater-induced damages, and Federal investigations and improvements of rivers and other waterways for flood control and allied purposes shall be under the jurisdiction of and shall be prosecuted by the Department of the Army under the direction of the Secretary of the Army and supervision of the Chief of Engineers, and Federal investigations of watersheds and measures for run-off and water-flow retardation and soil-erosion prevention on watersheds shall be under the jurisdiction of and shall be prosecuted by the Department of Agriculture under the direction of the Secretary of Agriculture, except as otherwise provided by Act of Congress.
(Dec. 22, 1944, ch. 665, § 2, 58 Stat. 889; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99–662, title IV, § 403, Nov. 17, 1986, 100 Stat. 4133.)
heading: Amendments
text: 1986—Pub. L. 99–662 inserted “and flood prevention improvements for protection from groundwater-induced damages” after “drainage improvements”.
heading: Change of Name
text: 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.
heading: Savings Provision
text: Authority of Secretary of Agriculture under this section as unaffected by repeal of Secretary’s authority under section 701b of this title, see section 7 of act Aug. 4, 1954, set out as a note under section 701b of this title.
heading: Section as Unaffected by Submerged Lands Act
text: Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.