Page:United States Statutes at Large Volume 48 Part 1.djvu/1144

 1 -118 June 19, 1934. [H .R. 1503.1 [Public, No. 425 .1 California D9bris Commission. Vol. 27,p .507 ;V S .C ., p. 1088. H ydrau lic mining process. Modification of order granting privilege of. Revocation. Tax payments. Determination of amount. Credited to d9bris fund. Provisos . Deposit into Treas- ury. Liability. 73d C ONGRESS. SESS. II. CH. 661 . JUNE 19, 1934 . [CHAPTER 661 .] AN ACT To amend the Act entitled "All Act to create the California Debris Commission and regulate hydraulic mining in the State of California", approved March 1, 1893, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 18 of the Act entitled "An Act to create the California Debris Com- mission and regulate hydraulic mining in the State of California ", approved March 1, 1893, as amended (U .S .C., title 33, sec . 678), is amended to read as follows "SEC . 18. The said commission may, at any time when the con- dition of the navigable rivers or when the capacities of all impound- ing 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 pa y the tax pres crib ed by section 23 hereof within thirty days after same becomes due, may revoke same until the further notice of the commission ." SEC. 2 . Section 23 of such Act, as amended (U .S.C ., title 33, sec . 683), is amended to read as follows : " SEC. 2 3 . Upon the construct ion by the sai d commission of dams or other works for the detention of debris from hydraulic mines and the issuing of the order provided for by this Act to any individual, company, or corporation to work any mine or mines by hydraulic process, the individual, company, or corporation operating there- under 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 deter- mined 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 hereby author- ized to receive the same. All sums of mo ney 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 War, for repayment of any funds advanced by the Federal Government or other agency for the construction of restrain- ing works and settling reservoirs, and for maintenance : Provided, That said commission is hereby 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 therefor, as may be deemed necessary by said commission to protect the navi- gable 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 ." Approved, June 19, 1934.