dreamproit/uscode huggingface dataset:
33 U.S.C. § 651 (NAVIGATION AND NAVIGABLE WATERS)
§ 651. Tributaries of Mississippi River below Cairo; levee and bank protection
The jurisdiction of the Mississippi River Commission is extended, for the purposes of levee protection and bank protection, to the tributaries and outlets of the Mississippi River between Cairo, Illinois, and the Head of the Passes, in so far as these tributaries and outlets are affected by the flood waters of the Mississippi River.
(Sept. 22, 1922, ch. 427, § 13, 42 Stat. 1047.)
heading: Editorial Notes
heading: Codification
text: Section is from the Rivers and Harbors Appropriation Act for the year 1922.
33 U.S.C. § 653 (NAVIGATION AND NAVIGABLE WATERS)
§ 653. Extension of jurisdiction of Mississippi River Commission
The jurisdiction of the Mississippi River Commission (established by the Act of June 29, 1879 1 (33 U.S.C. 641)) is extended to include—
(1) Terrebonne Parish, Louisiana; and
(2) the area bounded by the East Atchafalaya Basin Protection Levee, the Mississippi River Levee, and Bayou Lafourche and extending from Morganza, Louisiana, to the Gulf of Mexico, insofar as such area is affected by the flood waters of the Mississippi River.
(Pub. L. 102–580, title III, § 301, Oct. 31, 1992, 106 Stat. 4838.)
heading: Editorial Notes
heading: References in Text
text: Act of June 29, 1879 (33 U.S.C. 641), referred to in text, probably means the act of June 28, 1879, ch. 43, 21 Stat. 37, which enacted sections 641 to 644, 646, and 647 of this title.
33 U.S.C. § 662 (NAVIGATION AND NAVIGABLE WATERS)
§ 662. Organization; compensation of members; rules and regulations of procedure; traveling expenses
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.
(Mar. 1, 1893, ch. 183, § 2, 27 Stat. 507; June 6, 1900, ch. 791, § 1, 31 Stat. 631.)
heading: Editorial Notes
heading: Codification
text: 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, § 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.
heading: Statutory Notes and Related Subsidiaries
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. § 663 (NAVIGATION AND NAVIGABLE WATERS)
§ 663. Territorial jurisdiction over hydraulic mining; hydraulic mining injurious to navigation prohibited
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.
(Mar. 1, 1893, ch. 183, § 3, 27 Stat. 507.)
heading: Statutory Notes and Related Subsidiaries
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. § 664 (NAVIGATION AND NAVIGABLE WATERS)
§ 664. General duties as to plans for protection of navigation
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.
(Mar. 1, 1893, ch. 183, § 4, 27 Stat. 507.)
heading: Statutory Notes and Related Subsidiaries
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. § 665 (NAVIGATION AND NAVIGABLE WATERS)
§ 665. Survey for debris reservoirs; study of methods of mines and mining
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.
(Mar. 1, 1893, ch. 183, § 5, 27 Stat. 507.)
heading: Statutory Notes and Related Subsidiaries
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. § 666 (NAVIGATION AND NAVIGABLE WATERS)
§ 666. Noting conditions of navigable channels
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.
(Mar. 1, 1893, ch. 183, § 6, 27 Stat. 508.)
heading: Statutory Notes and Related Subsidiaries
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. § 667 (NAVIGATION AND NAVIGABLE WATERS)
§ 667. Annual reports
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.
(Mar. 1, 1893, ch. 183, § 7, 27 Stat. 508; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Statutory Notes and Related Subsidiaries
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: 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. § 669 (NAVIGATION AND NAVIGABLE WATERS)
§ 669. Petition by hydraulic miners
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.
(Mar. 1, 1893, ch. 183, § 9, 27 Stat. 508.)
heading: Statutory Notes and Related Subsidiaries
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. § 671 (NAVIGATION AND NAVIGABLE WATERS)
§ 671. Petition for common dumping ground, etc.
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.
(Mar. 1, 1893, ch. 183, § 11, 27 Stat. 508.)
heading: Editorial Notes
heading: References in Text
text: Herein, referred to in text, means act Mar. 1, 1893, which comprises this chapter.
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 1907—Act Feb. 27, 1907, inserted “if any” after “restraining or impounding works” and inserted last two provisos.
heading: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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.