[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Proposed Rules]
[Pages 38854-38861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18426]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
36 CFR Part 327
Public Use of Water Resources Development Projects Administered
by the Chief of Engineers
AGENCY: U.S. Army Corps of Engineers, DOD.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Army Corps of Engineers proposes to amend the rules
and regulations governing public use of water resources development
projects administered by the Chief of Engineers. The regulations
contained in this proposed rule are designed to ensure safe, enjoyable,
and environmentally sound visitation on the public lands, free from
unwarranted disturbances. The regulations accomplish this by setting
minimum standards of conduct for individuals using the public lands,
and establishing penalties that may be imposed for failure to obey the
regulations.
These rules and regulations apply to water resources development
projects completed and under construction, which are administered by
the Chief of Engineers, and to those portions of jointly administered
water resources development projects, which are under the
administrative jurisdiction of the Chief of Engineers.
DATES: Comments must be received by August 19, 1999.
ADDRESSES: Submit comments to U.S. Army Corps of Engineers, ATTN: CECW-
ON, 20 Massachusetts Avenue, NW, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Austin, Outdoor Recreation
Planner, 202-761-1796.
SUPPLEMENTARY INFORMATION:
Required Determinations
Executive Order 12291
This proposed rule is not a major rule as defined by Executive
Order 12291.
Regulatory Flexibility Act Determination (5 U.S.C. 601 et seq.)
As required by the Regulatory Flexibility Act, the U.S. Army Corps
of Engineers certifies that these regulatory amendments will not have a
significant impact on small business entities. This rule is an update
to the current regulations governing public use on Corps of Engineers
Water Resources Development Projects.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This proposed rule does not contain information collection
requirements that require approval by OMB under the Paperwork Reduction
Act.
Unfunded Mandates Reform Act (2 U.S.C. 1502 et seq.)
This rulemaking will not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It will not result in costs of
$100 million or more on State, local, or tribal governments or private
entities.
The amendments to 36 CFR Chapter III Part 327 are necessary to
clarify and strengthen selected regulations for more effective
management and to enhance public safety and enjoyment of Corps water
resource development projects. Some of the sections have been reworded
and/or have had information added or deleted to clarify the
regulations. These minor changes are editorial in nature and have been
made to express the intent of the regulation more concisely, and to
maintain consistency with existing Public Laws.
Disscussion of Specific Rule Changes:
In Part 327, Secs. 327.1 through 327.26, revise all references to
``District Engineer'' to read ``District Commander.''
[[Page 38855]]
36 CFR 327.0 Applicability
Section 327.0 is republished with no changes.
36 CFR 327.1 Policy
Section 327.1, paragraph (h), is revised to better define the
responsibility of an operator or owner of any vehicle, vessel, or
aircraft. Paragraph (i) is added to define the responsibility of a
registered user of a campsite, picnic area, or other facility.
36 CFR 327.2 Vehicles
Section 327.2, paragraphs (b) and (d), is edited for consistency. A
portion of a sentence has been moved from paragraph (d) into a new
paragraph (h) to emphasize the laws and regulating authority for the
operation of vehicles. Paragraph (e) is revised by removing the word
``project'' and paragraph (f) is revised by using the word
``designated'' to define the recreation area.
36 CFR 327.3 Vessels
Section 327.3, paragraph (a), is revised to substitute the term
``personal watercraft'' for ``jetskis'' and to add navigation on ice. A
portion of a sentence has been moved from paragraph (c) into a new
paragraph (k) to emphasize the laws and regulating authority for the
operation of vessels. Paragraph (d) is rewritten for ease of
readability and to include environmental features. Paragraph (e) has
been edited for clarity and to include requirements of enforcement for
non-compliance. Paragraph (h) has been modified to include a
restriction about mooring vessels to project structures.
36 CFR 327.4 Aircraft
Section 327.4 is revised to include environmental features in
paragraph (c), and the retrieval of person or material or equipment
from project lands, and the use of balloons in paragraph (e). Paragraph
(f)(3) is revised to be consistent with other sections, and to more
concisely define navigation rules. Paragraph (f)(6) is revised to
remove repetitiveness.
36 CFR 327.5 Swimming
Section 327.5, paragraph (a), is updated to include wading and
public docks, and the last sentence is removed to eliminate
repetitiveness with paragraph (c) of this section. Paragraph (b) is
revised to include appropriate terminology. Paragraph (c) is revised to
include the activity of swinging, and to include trees and structures
which are adjacent to project waters.
36 CFR 327.6 Picnicking
Section 327.6 is revised for consistency with current Corps of
Engineers terminology.
36 CFR 327.7 Camping
Section 327.7 is revised to comply with the National Recreation
Reservation Service.
36 CFR 327.8 Hunting, Fishing, and Trapping
Section 327.8 is revised by breaking out each activity into
separate paragraphs for better clarification.
36 CFR 327.9 Sanitation
Section 327.9, paragraph (a), is revised to include gray water.
Paragraph (b) is revised to clarify the responsibility of the owner of
garbage as defined in this section. Paragraph (c) is revised to include
disposal of wastes for consistency with other paragraphs in this
section.
36 CFR 327.10 Fires
Section 327.10, paragraph (b), is revised to include floatation
materials and to clarify the regulation of open burnings for
environmental considerations.
36 CFR 327.11 Control of Animals
Section 327.11, paragraph (a), is revised to include waters
adjacent to developed recreation areas; to include a sentence which
provides enforcement for animals which unreasonably disturb other
people; to include the prohibition of animals and pets on playgrounds;
and to include a sentence on the prohibition of abandoning any animal
on project lands or waters. Paragraph (b) is revised to remove the
words, ``in sanitary facilities''. The word ``trails'' is added to
paragraph (c) for clarification on the types of recreation areas at
Corps projects. Paragraph (g) is added to this section to restrict the
presence of wild or exotic pets and animals, or any pets or animals
displaying vicious or aggressive behavior or posing a threat to public
safety or deemed a public nuisance on project lands and waters unless
authorized by the District Commander.
36 CFR 327.12 Restrictions
Section 327.12 is revised by adding resource protection to the list
of reasons that a District Commander may close or restrict the use of a
project or portion of a project. Paragraph (c) has been modified by
changing the phrase ``the safety of another person'' to ``the safety of
any person.'' The list of audio producing devices has been removed in
paragraph (d) and is now generalized to read as a ``sound producing
device'' and generators have been added to the examples of motorized
equipment. Paragraph (e) is added to clarify the potential prohibition
of alcohol on project lands. Paragraph (f) is added to reflect
requirements in E.O. 13058, August 9, 1997.
36 CFR 327.13 Explosives, Firearms, Other Weapons and Fireworks
Section 327.13 is revised by adding the words ``other weapons'' to
paragraph (a). Information on explosives and fireworks is moved from
paragraph (a) into a new paragraph (b) for clarification purposes.
36 CFR 327.14 Public Property
Section 327.14 is revised to include paleontological resources, and
boundary monumentation or markers in paragraph (a). Paragraph (c) is
revised to include clarification on site specific prohibitions.
Paragraph (d) is added for clarification on metal detectors and is in
conformance with existing Corps regulations.
36 CFR 327.15 Abandonment and Impoundment of Personal Property
Section 327.15, paragraph (a), is revised to include public safety
or resource protection to the reasons for closure of a public use area.
Paragraphs (b) and (c) are switched for better readability. Paragraph
(b) is revised to include private facilities, and to include the
impoundment of property for consistency with paragraph (c). Paragraph
(c) is revised to increase the fair market value of property which may
be disposed of after 90 days, and to correct the word ``covered'' to
``conveyed.''
36 CFR 327.16 Lost and Found Articles
Section 327.16 is revised for consistency with current Corps of
Engineers terminology.
36 CFR 327.17 Advertisement
Section 327.17 is revised for consistency with current Corps of
Engineers terminology.
36 CFR 327.18 Commercial Activities
Section 327.18 is revised by adding the words ``project lands or
waters'', to clarify where the solicitation of business is prohibited.
36 CFR 327.19 Permits
Section 327.19, paragraph (b), is revised for consistency with
current Corps of Engineers terminology. The words ``Rivers and
Harbors'' are added to paragraph (c) for clarification of the
referenced Act. The words ``Water
[[Page 38856]]
Quality'' are added to paragraph (d) for clarification on the type of
required certification.
36 CFR 327.20 Unauthorized Structures
Section 327.20 is revised to include hunting stands or blinds,
buoys, and docks in the list of structures for purposes of
clarification. The section is also revised by changing the word
``agreement'' to ``authorization'' for consistency within the document.
36 CFR 327.21 Special Events
Section 327.21, paragraph (a), is revised to include fishing
tournaments in the list of special events. Paragraph (b) is revised to
include the restoration of an area to pre-event conditions for
consistency with Corps of Engineers regulations.
36 CFR 327.22 Unauthorized Occupation
Section 327.22 is revised for consistency with current Corps of
Engineers terminology.
36 CFR 327.23 Recreation Use Fees
Section 327.22 is revised by removing paragraph (b) and
incorporating the information contained in this paragraph into
paragraph (a) for better readability. Paragraph (c) is redesignated as
paragraph (b) and a new paragraph (c) is added to include a prohibition
on the failure to pay day use fees and to properly display the day use
pass. A prohibition about the fraudulent use of a Golden Age or Golden
Access Passports is added to paragraph (d). Paragraph (e) is removed
for consistency with the National Recreation Reservation Service.
36 CFR 327.24 Interference with Government Employees
Section 327.24, paragraph (a), is revised to include the words
``attempt to kill, or kill,'' for consistency with Title 18, United
States Code. Paragraph (b) is revised to include the words
``information deemed necessary for,'' to provide clarification on type
of other identification which may be required by a Federal employee in
the performance of issuing citations.
36 CFR 327.25 Violations of Rules and Regulations
Section 327.25 is revised to increase the amount of the maximum
fine in accordance with 18 USC, section 3571, and to remove duplicate
words.
36 CFR 327.26 State and Local Laws
Section 327.26 is revised to include the ``possession'' of firearms
or other weapons, and ``alcohol or other controlled substances'' to the
list of examples which are governed by state and local laws and
ordinances. The paragraphs in this section have been renumbered for
consistency and better readability.
36 CFR 327.30 and 327.31
These sections are not amended in this proposed rule.
List of Subjects for 36 CFR Chapter III Part 327
Natural Resources, Penalties, Public Lands, Recreation and
Recreation Areas, Resource Management, Water Resources.
Dated: July 13, 1999.
Eric R. Potts,
Colonel, Corps of Engineers, Executive Director of Civil Works.
For the reasons set forth in the preamble, amend Part 327 of Title
327 of the Code of Federal Regulations as follows:
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER
RESOURCES DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF
ENGINEERS
1. The authority citation for Part 327 is revised to read as
follows:
Authority: 16 U.S.C. 460d; 16 U.S.C. 4601-6a; and Sec. 210, Pub.
L. 90-483, 82 Stat. 746.; 33 U.S.C. 1, 28 Stat. 362.
2. Sections 327.0 through 327.26 are revised to read as follows:
Sec. 327.0 Applicability.
The regulations covered in this part 327 shall be applicable to
water resources development projects, completed or under construction,
administered by the Chief of Engineers, and to those portions of
jointly administered water resources development projects which are
under the administrative jurisdiction of the Chief of Engineers. All
other Federal, state and local laws and regulations remain in full
force and effect where applicable to those water resources development
projects.
Sec. 327.1 Policy.
(a) It is the policy of the Secretary of the Army, acting through
the Chief of Engineers, to manage the natural, cultural and developed
resources of each project in the public interest, providing the public
with safe and healthful recreational opportunities while protecting and
enhancing these resources.
(b) Unless otherwise indicated herein, the term ``District
Commander'' shall include the authorized representatives of the
District Commander.
(c) The term ``project'' or ``water resources development project''
refers to the water areas of any water resources development project
administered by the Chief of Engineers, without regard to ownership of
underlying land, to all lands owned in fee by the Federal Government
and to all facilities therein or thereon of any such water resources
development project.
(d) All water resources development projects open for public use
shall be available to the public without regard to sex, race, color,
creed, age, nationality or place of origin. No lessee, licensee, or
concessionaire providing a service to the public shall discriminate
against any person because of sex, race, creed, color, age, nationality
or place of origin in the conduct of the operations under the lease,
license or concession contract.
(e) In addition to the regulations in this part 327, all applicable
Federal, state and local laws and regulations remain in full force and
effect on project lands or waters which are outgranted by the District
Commander by lease, license or other written agreement.
(f) The regulations in this part 327 shall be deemed to apply to
those lands and waters which are subject to treaties and Federal laws
and regulations concerning the rights of Indian Nations and which lands
and waters are incorporated, in whole or in part, within water
resources development projects administered by the Chief of Engineers,
to the extent that the regulations in this part 327 are not
inconsistent with such treaties and Federal laws and regulations.
(g) Any violation of any section of this part 327 shall constitute
a separate violation for each calendar day in which it occurs.
(h) For the purposes of this part 327, the operator of any vehicle,
vessel or aircraft as described herein shall be presumed to be
responsible for its use on project property. In the event where an
operator cannot be determined, the owner of the vehicle, vessel, or
aircraft, whether attended or unattended, will be presumed responsible.
Unless proven otherwise, such presumption will be sufficient to issue a
citation for the violation of regulations applicable to the use of such
vehicle, vessel or aircraft as provided for in Sec. 327.25.
(i) For the purposes of this part 327, the registered user of a
campsite, picnic area, or other facility shall be presumed to be
responsible for its use. Unless proven otherwise, such presumption will
be sufficient to issue a citation for the violation of regulations
applicable to
[[Page 38857]]
the use of such facilities as provided for in Sec. 327.25.
Sec. 327.2 Vehicles.
(a) This section pertains to all vehicles, including, but not
limited to, automobiles, trucks, motorcycles, mini-bikes, snowmobiles,
dune buggies, all-terrain vehicles, and trailers, campers, bicycles, or
any other such equipment.
(b) Vehicles shall not be parked in violation of posted
restrictions and regulations, or in such a manner as to obstruct or
impede normal or emergency traffic movement or the parking of other
vehicles, create a safety hazard, or endanger any person, property or
environmental feature. Vehicles so parked are subject to removal and
impoundment at the owner's expense.
(c) The operation and/or parking of a vehicle off authorized
roadways is prohibited except at locations and times designated by the
District Commander. Taking any vehicle through, around or beyond a
restrictive sign, recognizable barricade, fence, or traffic control
barrier is prohibited.
(d) Vehicles shall be operated in accordance with posted
restrictions and regulations.
(e) No person shall operate any vehicle in a careless, negligent or
reckless manner so as to endanger any person, property or environmental
feature.
(f) At designated recreation areas, vehicles shall be used only to
enter or leave the area or individual sites or facilities unless
otherwise posted.
(g) Except as authorized by the District Commander, no person shall
operate any motorized vehicle without a proper and effective exhaust
muffler as defined by state and local laws, or with an exhaust muffler
cutout open, or in any other manner which renders the exhaust muffler
ineffective in muffling the sound of engine exhaust.
(h) Vehicles shall be operated in accordance with applicable
Federal, state and local laws, which shall be regulated by authorized
enforcement officials as prescribed in Sec. 327.26.
Sec. 327.3 Vessels.
(a) This section pertains to all vessels or watercraft, including,
but not limited to, powerboats, cruisers, houseboats, sailboats,
rowboats, canoes, kayaks, personal watercraft, and any other such
equipment capable of navigation on water or ice, whether in motion or
at rest.
(b) The placement and/or operation of any vessel or watercraft for
a fee or profit upon project waters or lands is prohibited except as
authorized by permit, lease, license, or concession contract with the
Department of the Army. This paragraph shall not apply to the operation
of commercial tows or passenger carrying vessels not based at a Corps
project which utilize project waters as a link in continuous transit
over navigable waters of the United States.
(c) Vessels or other watercraft may be operated on the project
waters, except in prohibited or restricted areas, in accordance with
posted regulations and restrictions, including buoys. All vessels or
watercraft so required by applicable Federal, state and local laws
shall display an appropriate registration on board whenever the vessel
is on project waters.
(d) No person shall operate any vessel or other watercraft in a
careless, negligent, or reckless manner so as to endanger any person,
property, or environmental feature.
(e) All vessels, when on project waters, shall have safety
equipment, including personal flotation devices, on board in compliance
with U.S. Coast Guard boating safety requirements and in compliance
with boating safety laws issued and enforced by the state in which the
vessel is located. Owners or operators of vessels not in compliance
with this section may be requested to remove the vessel immediately
from project waters until such time as items of non-compliance are
corrected.
(f) Unless otherwise permitted by Federal, state or local law,
vessels or other watercraft, while moored in commercial facilities,
community or corporate docks, or at any fixed or permanent mooring
point, may only be used for overnight occupancy when such use is
incidental to recreational boating. Vessels or other watercraft are not
to be used as a place of habitation or residence.
(g) Water skis, parasails, ski-kites and similar devices are
permitted in nonrestricted areas except that they may not be used in a
careless, negligent, or reckless manner so as to endanger any person,
property or environmental feature.
(h) Vessels shall not be attached or anchored to structures such as
locks, dams, buoys or other structures unless authorized by the
District Commander. All vessels when not in actual use shall be removed
from project lands and waters unless securely moored or stored at
designated areas approved by the District Commander. The placing of
floating or stationary mooring facilities on, adjacent to, or
interfering with a buoy, channel marker or other navigational aid is
prohibited.
(i) The use at a project of any vessel not constructed or
maintained in compliance with the standards and requirements
established by the Federal Safe Boating Act of 1971 (Pub. L. 92-75, 85
Stat. 213), or promulgated pursuant to such act, is prohibited.
(j) Except as authorized by the District Commander, no person shall
operate any vessel or watercraft without a proper and effective exhaust
muffler as defined by state and local laws, or with an exhaust muffler
cutout open, or in any other manner which renders the exhaust muffler
ineffective in muffling the sound of engine exhaust.
(k) All vessels or other watercraft shall be operated in accordance
with applicable Federal, state and local laws, which shall be regulated
by authorized enforcement officials as prescribed in Sec. 327.26.
Sec. 327.4 Aircraft.
(a) This Section pertains to all aircraft including, but not
limited to, airplanes, seaplanes, helicopters, ultra-light aircraft,
motorized hang gliders, hot air balloons, any non-powered flight
devices or any other such equipment.
(b) The operation of aircraft on project lands at locations other
than those designated by the District Commander is prohibited. This
provision shall not be applicable to aircraft engaged on official
business of Federal, state or local governments or law enforcement
agencies, aircraft used in emergency rescue in accordance with the
directions of the District Commander or aircraft forced to land due to
circumstances beyond the control of the operator.
(c) No person shall operate any aircraft while on or above project
waters or project lands in a careless, negligent or reckless manner so
as to endanger any person, property or environmental feature.
(d) Nothing in this section bestows authority to deviate from rules
and regulations or prescribed standards of the appropriate State
Aeronautical Agency, or the Federal Aviation Administration, including,
but not limited to, regulations and standards concerning pilot
certifications or ratings, and airspace requirements.
(e) Except in extreme emergencies threatening human life or serious
property loss, the air delivery or retrieval of any person, material or
equipment by parachute, balloon, helicopter or other means onto or from
project lands or waters without written permission of the District
Commander is prohibited.
(f) In addition to the above provisions, seaplanes, as defined
below, are subject to the following restrictions:
(1) Such use is limited to aircraft utilized for water landings and
takeoff,
[[Page 38858]]
herein called seaplanes, at the risk of owner, operator and
passenger(s).
(2) Seaplane operations contrary to the prohibitions or
restrictions established by the District Commander (pursuant to part
328 of this Title) are prohibited. The responsibility to ascertain
whether seaplane operations are prohibited or restricted is incumbent
upon the person(s) contemplating the use of, or using, such waters.
(3) All operations of seaplanes while upon project waters shall be
in accordance with U.S. Coast Guard navigation rules for power boats or
vessels and Sec. 327.3.
(4) Seaplanes on project waters and lands in excess of 24 hours
shall be securely moored at mooring facilities and at locations
permitted by the District Commander. Seaplanes may be temporarily
moored on project waters and lands, except in areas prohibited by the
District Commander, for periods less than 24 hours providing:
(i) The mooring is safe, secure, and accomplished so as not to
damage the rights of the Government or members of the public and
(ii) The operator remains in the vicinity of the seaplane and
reasonably available to relocate the seaplane if necessary.
(5) Commercial operation of seaplanes from project waters is
prohibited without written approval of the District Commander following
consultation with and necessary clearance from the Federal Aviation
Administration (FAA) and other appropriate public authorities and
affected interests.
(6) Seaplanes may not be operated at Corps projects between sunset
and sunrise unless approved by the District Commander.
Sec. 327.5 Swimming.
(a) Swimming, wading, snorkeling or scuba diving at one's own risk
is permitted, except at launching sites, designated mooring points and
public docks, or other areas so designated by the District Commander.
(b) An international diver down, or inland diving flag must be
displayed during underwater activities.
(c) Diving, jumping or swinging from trees, bridges or other
structures which cross or are adjacent to project waters is prohibited.
Sec. 327.6 Picnicking.
Picnicking and related day-use activities are permitted, except in
those areas where prohibited by the District Commander.
Sec. 327.7 Camping.
(a) Camping is permitted only at sites and/or areas designated by
the District Commander.
(b) Camping at one or more campsites at any one water resource
project for a period longer than 14 days during any 30-consecutive-day
period is prohibited without the written permission of the District
Commander.
(c) The unauthorized placement of camping equipment or other items
on a campsite and/or personal appearance at a campsite for the purpose
of reserving a campsite for future occupancy is prohibited.
(d) The digging or leveling of any ground or the construction of
any structure without written permission of the District Commander is
prohibited.
(e) Occupying or placement of any camping equipment at a campsite
which is posted as ``reserved'' without an authorized reservation for
that site is prohibited.
Sec. 327.8 Hunting, fishing, and trapping.
(a) Hunting is permitted except in areas and during periods where
prohibited by the District Commander.
(b) Trapping is permitted except in areas and during periods where
prohibited by the District Commander.
(c) Fishing is permitted except in swimming areas, on boat ramps or
other areas designated by the District Commander.
(d) Additional restrictions pertaining to these activities may be
established by the District Commander.
(e) All applicable Federal, State and local laws regulating these
activities apply on project lands and waters, and shall be regulated by
authorized enforcement officials as prescribed in Sec. 327.26.
Sec. 327.9 Sanitation.
(a) Garbage, trash, rubbish, litter, gray water, or any other waste
material or waste liquid generated on the project and incidental to
authorized recreational activities shall be either removed from the
project or deposited in receptacles provided for that purpose. The
improper disposal of such wastes, human and animal waste included, on
the project is prohibited.
(b) It is a violation to bring onto a project any household or
commercial garbage, trash, rubbish, debris, dead animals or litter of
any kind for disposal or dumping without the written permission of the
District Commander. For the purposes of this regulation, the owner of
any garbage, trash, rubbish, debris, dead animals or litter of any kind
shall be presumed to be responsible for proper disposal. Such
presumption will be sufficient to issue a citation for violation.
(c) The spilling, pumping, discharge or disposal of contaminants,
pollutants or other wastes, including, but not limited to, human or
animal waste, petroleum, industrial and commercial products and by-
products, on project lands or into project waters is prohibited.
(d) Campers, picnickers, and all other persons using a water
resources development project shall keep their sites free of trash and
litter during the period of occupancy and shall remove all personal
equipment and clean their sites upon departure.
(e) The discharge or placing of sewage, galley waste, garbage,
refuse, or pollutants into the project waters from any vessel or
watercraft is prohibited.
Sec. 327.10 Fires.
(a) Gasoline and other fuels, except that which is contained in
storage tanks of vehicles, vessels, camping equipment, or hand portable
containers designed for such purpose, shall not be carried onto or
stored on the project without written permission of the District
Commander.
(b) Fires shall be confined to those areas designated by the
District Commander, and shall be contained in fireplaces, grills, or
other facilities designated for this purpose. Fires shall not be left
unattended and must be completely extinguished prior to departure. The
burning of materials that produce toxic fumes, including, but not
limited to, tires, plastic and other floatation materials or treated
wood products is prohibited. The District Commander may prohibit open
burning of any type for environmental considerations.
(c) Improper disposal of lighted smoking materials, matches or
other burning material is prohibited.
Sec. 327.11 Control of animals.
(a) No person shall bring or allow dogs, cats, or other pets into
developed recreation areas or adjacent waters unless penned, caged, on
a leash under six feet in length, or otherwise physically restrained.
No person shall allow animals to impede or restrict otherwise full and
free use of project lands and waters by the public. No person shall
allow animals to bark or emit other noise which unreasonably disturbs
other people. Animals and pets, except properly trained animals
assisting those with disabilities (such as seeing-eye dogs), are
prohibited in sanitary facilities, playgrounds, swimming beaches and
any other areas so designated by the District
[[Page 38859]]
Commander. Abandonment of any animal on project lands or waters is
prohibited. Unclaimed or unattended animals are subject to immediate
impoundment and removal in accordance with state and local laws.
(b) Persons bringing or allowing pets in designated public use
areas shall be responsible for proper removal and disposal of any waste
produced by these animals.
(c) No person shall bring or allow horses, cattle, or other
livestock in camping, picnicking, swimming or other recreation areas or
on trails except in areas designated by the District Commander.
(d) Ranging, grazing, watering or allowing livestock on project
lands and waters is prohibited except when authorized by lease, license
or other written agreement with the District Commander.
(e) Unauthorized livestock are subject to impoundment and removal
in accordance with Federal, state and local laws.
(f) Any animal impounded under the provisions of this section may
be confined at a location designated by the District Commander, who may
assess a reasonable impoundment fee. This fee shall be paid before the
impounded animal is returned to its owner(s).
(g) Wild or exotic pets and animals (including but not limited to
cougars, lions, bears, bobcats, wolves, and snakes), or any pets or
animals displaying vicious or aggressive behavior or otherwise posing a
threat to public safety or deemed a public nuisance, are prohibited
from project lands and waters unless authorized by the District
Commander, and are subject to removal in accordance with Federal, state
and local laws.
Sec. 327.12 Restrictions.
(a) The District Commander may establish and post a schedule of
visiting hours and/or restrictions on the public use of a project or
portion of a project. The District Commander may close or restrict the
use of a project or portion of a project when necessitated by reason of
public health, public safety, maintenance, resource protection or other
reasons in the public interest. Entering or using a project in a manner
which is contrary to the schedule of visiting hours, closures or
restrictions is prohibited.
(b) Quiet shall be maintained in all public use areas between the
hours of 10 p.m. and 6 a.m., or those hours designated by the District
Commander. Excessive noise during such times which unreasonably
disturbs persons is prohibited.
(c) Any act or conduct by any person which interferes with, impedes
or disrupts the use of the project or impairs the safety of any person
is prohibited. Individuals who are boisterous, rowdy, disorderly, or
otherwise disturb the peace on project lands or waters may be requested
to leave the project.
(d) The operation or use of any sound producing or motorized
equipment, including but not limited to generators, vessels or
vehicles, in such a manner as to unreasonably annoy or endanger persons
at any time or exceed state or local laws governing noise levels from
motorized equipment is prohibited.
(e) The possession and/or consumption of alcoholic beverages on any
portion of the project land or waters, or the entire project, may be
prohibited when designated and posted by the District Commander.
(f) Unless authorized by the District Commander, smoking is
prohibited in Visitor Centers, enclosed park buildings and in areas
posted to restrict smoking.
Sec. 327.13 Explosives, firearms, other weapons and fireworks.
(a) The possession of loaded firearms, ammunition, loaded
projectile firing devices, bows and arrows, crossbows, or other weapons
is prohibited unless:
(1) In the possession of a Federal, state or local law enforcement
officer;
(2) Being used for hunting or fishing as permitted under Section
327.8, with devices being unloaded when transported to, from or between
hunting and fishing sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District
Commander.
(b) Possession of explosives or explosive devices of any kind,
including fireworks or other pyrotechnics, is prohibited unless written
permission has been received from the District Commander.
Sec. 327.14 Public Property.
(a) Destruction, injury, defacement, removal or any alteration of
public property including, but not limited to, developed facilities,
natural formations, mineral deposits, historical and archaeological
features, paleontological resources, boundary monumentation or markers
and vegetative growth, is prohibited except when in accordance with
written permission of the District Commander.
(b) Cutting or gathering of trees or parts of trees and/or the
removal of wood from project lands is prohibited without written
permission of the District Commander.
(c) Gathering of dead wood on the ground for use in designated
recreation areas as firewood is permitted, unless prohibited and posted
by the District Commander.
(d) The use of metal detectors is permitted on designated beaches
or other previously disturbed areas unless prohibited by the District
Commander for reasons of protection of archaeological, historical or
paleontological resources. Specific information regarding metal
detector policy and designated use areas is available at the Manager's
Office. Items found must be handled in accordance with Part 327.15 and
Part 327.16 except for non-identifiable items such as coins of value
less than $25.
Sec. 327.15 Abandonment and impoundment of personal property.
(a) Personal property of any kind shall not be abandoned, stored or
left unattended upon project lands or waters. After a period of 24
hours, or at any time after a posted closure hour in a public use area
or for the purpose of providing public safety or resource protection,
unattended personal property shall be presumed to be abandoned and may
be impounded and stored at a storage point designated by the District
Commander, who may assess a reasonable impoundment fee. Such fee shall
be paid before the impounded property is returned to its owner.
(b) Personal property placed on Federal lands or waters adjacent to
a private residence, facility and/or developments of any private nature
for more than 24 hours without permission of the District Commander
shall be presumed to have been abandoned and, unless proven otherwise,
such presumption will be sufficient to impound the property and/or
issue a citation as provided for in Sec. 327.25.
(c) The District Commander shall, by public or private sale or
otherwise, dispose of all lost, abandoned or unclaimed personal
property that comes into Government custody or control. However,
property may not be disposed of until diligent effort has been made to
find the owner, heirs, next of kin or legal representative(s). If the
owner, heirs, next of kin or legal representative(s) are determined but
not found, the property may not be disposed of until the expiration of
120 days after the date when notice, giving the time and place of the
intended sale or other disposition, has been sent by certified or
registered mail to that person at the last known address. When diligent
efforts to determine the owner, heirs, next of kin or legal
representative(s) are unsuccessful, the property may be disposed of
without delay except that if
[[Page 38860]]
it has a fair market value of $100 or more the property may not be
disposed of until 90 days after the date it is received at the storage
point designated by the District Commander. The net proceeds from the
sale of property shall be conveyed into the Treasury of the United
States as miscellaneous receipts.
Sec. 327.16 Lost and found articles.
All articles found shall be deposited by the finder at the
Manager's office or with a ranger. All such articles shall be disposed
of in accordance with the procedures set forth in Sec. 327.15.
Sec. 327.17 Advertisement.
Advertising by the use of billboards, signs, markers, audio
devices, handbills, circulars, posters, or any other means whatsoever,
is prohibited without written permission of the District Commander.
Vessels and vehicles with semipermanent or permanent painted or
installed signs are exempt as long as they are used for authorized
recreational activities and comply with all other rules and regulations
pertaining to vessels and vehicles.
Sec. 327.18 Commercial Activities.
(a) The engaging in or solicitation of business on project land or
waters without the express written permission of the District Commander
is prohibited.
(b) It shall be a violation of these regulations to refuse to or
fail to comply with any terms, clauses or conditions of any lease,
license or agreements issued by the District Commander.
Sec. 327.19 Permits.
(a) It shall be a violation of these regulations to refuse to or
fail to comply with the fee requirements or other terms or conditions
of any permit issued under the provisions of this part 327.
(b) Permits for floating structures (issued under the authority of
Sec. 327.30) of any kind on/in waters of water resources development
projects, whether or not such waters are deemed navigable waters of the
United States but where such waters are under the management of the
Corps of Engineers, shall be issued at the discretion of the District
Commander under the authority of this regulation. District Commanders
will delineate those portions of the navigable waters of the United
States where this provision is applicable and post notices of this
designation in the vicinity of the appropriate Manager's office.
(c) Permits for non-floating structures (issued under the authority
of Sec. 327.30) of any kind constructed, placed in or affecting waters
of water resources development projects where such waters are deemed
navigable waters of the U.S. shall be issued under the provisions of
section 10 of the Rivers and Harbors Act approved March 3, 1899 (33 USC
403). If a discharge of dredged or fill material in these waters is
involved, a permit is required under Section 404 of the Clean Water Act
(33 USC 1344). (See 33 CFR parts 320-330.)
(d) Permits for non-floating structures (issued under the authority
of Sec. 327.30) of any kind in waters of water resources development
projects, where such waters are under the management of the Corps of
Engineers and where such waters are not deemed navigable waters of the
United States, shall be issued as set forth in paragraph (b) of this
section. If a discharge of dredged or fill material into any water of
the United States is involved, a permit is required under section 404
of the Clean Water Act (33 USC 1344) (See CFR parts 320-330). Water
quality certification may be required pursuant to Section 401 of the
Clean Water Act (33 USC 1341).
(e) Shoreline Use Permits to authorize private shoreline use
facilities, activities or development (issued under the authority of
Section Sec. 327.30) may be issued in accordance with the project
Shoreline Management Plan. Failure to comply with the permit conditions
issued under Section 327.30 is prohibited.
Sec. 327.20 Unauthorized structures.
The construction, placement, or existence of any structure
(including, but not limited to, roads, trails, signs, hunting stands or
blinds, buoys, docks, or landscape features) of any kind under, upon,
in or over the project lands, or waters is prohibited unless a permit,
lease, license or other appropriate written authorization has been
issued by the District Commander. The design, construction, placement,
existence or use of structures in violation of the terms of the permit,
lease, license, or other written authorization is prohibited. The
government shall not be liable for the loss of, or damage to, any
private structures, whether authorized or not, placed on project lands
or waters. Unauthorized structures are subject to summary removal or
impoundment by the District Commander.
Sec. 327.21 Special events.
(a) Special events including, but not limited to, water carnivals,
boat regattas, fishing tournaments, music festivals, dramatic
presentations or other special recreation programs are prohibited
unless written permission has been granted by the District Commander.
An appropriate fee may be charged under the authority of Sec. 327.23.
(b) The public shall not be charged any fee by the sponsor of such
event unless the District Commander has approved in writing (and the
sponsor has properly posted) the proposed schedule of fees. The
District Commander shall have authority to revoke permission, require
removal of any equipment, and require restoration of an area to pre-
event condition, upon failure of the sponsor to comply with terms and
conditions of the permit/permission or the regulations in this part
327.
Sec. 327.22 Unauthorized occupation.
(a) Occupying any lands, buildings, vessels or other facilities
within water resource development projects for the purpose of
maintaining the same as a full- or part-time residence without the
written permission of the District Commander is prohibited. The
provisions of this section shall not apply to the occupation of lands
for the purpose of camping, in accordance with the provisions of
Sec. 327.7.
(b) Use of project lands or waters for agricultural purposes is
prohibited except when in compliance with terms and conditions
authorized by lease, license or other written agreement issued by the
District Commander.
Sec. 327.23 Recreation use fees.
(a) In accordance with the Land and Water Conservation Fund Act of
1965 (16 USC 460l) and the Omnibus Budget Reconciliation Act of 1993,
Pub. L. 103-66, the Corps of Engineers collects day use fees, special
recreation use fees and/or special permit fees for the use of
specialized sites, facilities, equipment or services related to outdoor
recreation furnished at Federal expense.
(b) Where such fees are charged, the District Commander shall
insure that clear notice of fee requirements is prominently posted at
each area, and at appropriate locations therein and that the notice be
included in publications distributed at such areas. Failure to pay
authorized recreation use fees as established pursuant to Pub. L. 88-
578, 78 Stat. 897, as amended (16 USC 460l-6a), is prohibited and is
punishable by a fine of not more than $100.
(c) Failure to pay authorized day use fees, and/or properly display
applicable receipt, permit or pass is prohibited.
(d) Any Golden Age or Golden Access Passport permittee shall be
entitled, upon presentation of such a permit, to utilize special
recreation facilities at a rate of 50 percent off the established use
fee at Federally operated areas.
[[Page 38861]]
Fraudulent use of a Golden Age or Golden Access Passport is prohibited.
Sec. 327.24 Interference with Government employees.
(a) It is a Federal crime pursuant to the provisions of sections
111 and 1114 of Title 18, United States Code, to forcibly assault,
resist, oppose, impede, intimidate, or interfere with, attempt to kill
or kill any civilian official or employee for the U.S. Army Corps of
Engineers engaged in the performance of his or her official duties, or
on account of the performance of his or her official duties. Such
actions or interference directed against a Federal employee while
carrying out these regulations are also a violation of these
regulations and may be a state crime pursuant to the laws of the state
where they occur.
(b) Failure to comply with a lawful order issued by a Federal
employee acting pursuant to these regulations shall be considered as
interference with that employee while engaged in the performance of
their official duties. Such interference with a Federal employee
includes failure to provide a correct name, address or other
information deemed necessary for identification upon request of the
Federal employee, when that employee is authorized by the District
Commander to issue citations in the performance of the employee's
official duties.
Sec. 327.25 Violations of Rules and Regulations.
(a) Any person who violates the provisions of these regulations,
other than for a failure to pay authorized recreation use fees as
separately provided for in Sec. 327.23, may be punished by a fine of
not more than $5,000 or imprisonment for not more than six months or
both and may be tried and sentenced in accordance with the provisions
of section 3401 of Title 18, United States Code. Persons designated by
the District Commander shall have the authority to issue a citation for
violation of these regulations, requiring any person charged with the
violation to appear before the United States Magistrate within whose
jurisdiction the affected water resources development project is
located (16 USC 460d).
(b) Any person who commits an act against any official or employee
of the U.S. Army Corps of Engineers that is a crime under the
provisions of section 111 or section 1114 of Title 18, United States
Code or under provisions of pertinent state law may be tried and
sentenced as further provided under Federal or state law, as the case
may be.
Sec. 327.26 State and local laws.
(a) Except as otherwise provided herein or by Federal law or
regulation, state and local laws and ordinances shall apply on project
lands and waters. This includes, but is not limited to, state and local
laws and ordinances governing:
(1) Operation and use of motor vehicles, vessels, and aircraft;
(2) Hunting, fishing and trapping;
(3) Use or possession of firearms or other weapons;
(4) Civil disobedience and criminal acts;
(5) Littering, sanitation and pollution; and (6) Alcohol or other
controlled substances.
(b) These state and local laws and ordinances are enforced by those
state and local enforcement agencies established and authorized for
that purpose.
[FR Doc. 99-18426 Filed 7-19-99; 8:45 am]
BILLING CODE 3710-92-U
