Public Use of Water Resources Development Projects Administered by the Chief of Engineers

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