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33 U.S.C. § 673Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes

submitted 133 years ago by ch. 183 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 261 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a majority of the commission approves a petition within the stated period, the commission must set detailed conditions for the mining operation. The mine owner pays compliance costs, and special rules apply when hydraulic mining will not harm navigation.

If, within 30 days after the deadline set in the notice, a majority of the commission members agrees with the petitioner, the commission must issue an order. The order must direct how the mine or mines will operate and must describe in detail any needed restraining or impounding works, if facilities can be found; how they will be built and maintained; what materials will be used; where they will be located; and other requirements and safeguards needed to protect the public and prevent injury to the navigable rivers and nearby land. The order must also include conditions and limits that follow this chapter’s rules about mining and paying taxes on gross proceeds. The mine owner or owners must pay every cost of complying with the order. If the commission determines that hydraulic mining can occur without harming the navigable rivers or nearby land, it may authorize the mining without requiring restraining works, impounding works, or settling reservoirs. If that authorization is a mining license, taxes under this chapter on the gross proceeds of the mining may not be collected.
the actual law source: uscode.house.gov ↗public domain

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 credit: (Mar. 1, 1893, ch. 183, § 13, 27 Stat. 508; Feb. 27, 1907, ch. 2077, 34 Stat. 1001.)

history & why it existsrecord from the source credit
  • 1893Enacted · Act of Mar. 1, 1893, ch. 183 · 27 Stat. 508
  • 1907Amended · Act of Feb. 27, 1907, ch. 2077 · 34 Stat. 1001

A history note hasn’t been published yet. The record shows enactment by ch. 183 on 1893-03-01.

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