[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
36
Parks, Forests, and Public Property
PART 300 TO END
Revised as of July 1, 1997
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1997
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
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As of July 1, 1997
Title 36, Part 200 to End
Revised as of July 1, 1996
Is Replaced by Two Volumes
Title 36, Parts 200 to 299
and
Title 36, Part 300 to End
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1997
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 36:
Chapter III--Corps of Engineers, Department of the Army... 3
Chapter IV--American Battle Monuments Commission.......... 33
Chapter V--Smithsonian Institution........................ 47
Chapter VI--[Reserved]
Chapter VII--Library of Congress.......................... 55
Chapter VIII--Advisory Council on Historic Preservation... 83
Chapter IX--Pennsylvania Avenue Development Corporation... 125
Chapter X--[Reserved]
Chapter XI--Architectural and Transportation Barriers
Compliance Board...................................... 191
Chapter XII--National Archives and Records Administration. 427
Chapter XIV--Assassination Records Review Board........... 667
Finding Aids:
Material Approved for Incorporation by Reference.......... 689
Table of CFR Titles and Chapters.......................... 691
Alphabetical List of Agencies Appearing in the CFR........ 707
Redesignation Tables...................................... 717
List of CFR Sections Affected............................. 721
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in this volume use title, part
and section number. Thus, 36 CFR 312.1 refers to title
36, part 312, section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
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instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408.
SALES
The Government Printing Office (GPO) processes all sales and
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Customer Service call 202-512-1803.
Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 1997.
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THIS TITLE
Title 36--Parks, Forests, and Public Property is composed of three
volumes. The parts in these volumes are arranged in the following order:
parts 1 to 199, parts 200 to 299, and part 300 to End. The contents of
these volumes represent all current regulations codified under this
title of the CFR as of July 1, 1997.
Redesignation tables appear in the Finding Aids section of the third
volume.
For this volume, Carol Conroy was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Frances D.
McDonald, assisted by Alomha S. Morris.
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[[Page 1]]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
(This book contains part 300 to End)
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Part
Chapter iii--Corps of Engineers, Department of the Army..... 312
Chapter iv--American Battle Monuments Commission............ 400
Chapter v--Smithsonian Institution.......................... 504
Chapter vi--[Reserved]
Chapter vii--Library of Congress............................ 701
Chapter viii--Advisory Council on Historic Preservation..... 800
Chapter ix--Pennsylvania Avenue Development Corporation..... 901
Chapter x--[Reserved]
Chapter xi--Architectural and Transportation Barriers
Compliance Board.......................................... 1120
Chapter xii--National Archives and Records Administration... 1200
Chapter xiv--Assassination Records Review Board............. 1400
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CHAPTER III--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
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Part Page
312 Prohibition of discriminatory practices in
water resource development projects..... 5
327 Rules and regulations governing public use
of water resource development projects
administered by the Chief of Engineers.. 5
328 Regulation of seaplane operations at civil
works water resource development
projects administered by the Chief of
Engineers............................... 22
330 Regulation of law enforcement services
contracts at civil works water resource
projects administered by the Chief of
Engineers............................... 24
331 Regulations governing the protection, use
and management of the falls of the Ohio
National Wildlife Conservation Area,
Kentucky and Indiana.................... 28
332-399 [Reserved]
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PART 312--PROHIBITION OF DISCRIMINATORY PRACTICES IN WATER RESOURCE DEVELOPMENT PROJECTS--Table of Contents
Sec.
312.1 Areas covered.
312.2 Discriminatory practices prohibited.
Authority: Sec. 4, 58 Stat. 889, as amended; 16 U.S.C. 460d.
Sec. 312.1 Areas covered.
The regulation covered in this part shall be applicable to all water
resource project lands under the supervision of the Secretary of the
Army not covered in parts 311 and 326, of this title.
[29 FR 9710, July 18, 1964]
Sec. 312.2 Discriminatory practices prohibited.
All project land and water areas which are open to the public shall
be available for use and enjoyment by the public without regard to race,
creed, color or national origin. Each lessee or licensee of a project
area under lease or license providing for a public or quasi-public use,
including group camp activities, and each concessionaire of a lessee or
licensee providing a service to the public including facilities and
accommodations, shall not discriminate against any person or persons
because of race, creed, color or national origin in the conduct of its
operations under the lease, license or concession agreement.
[29 FR 9710, July 18, 1964]
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS--Table of Contents
Sec.
327.0 Applicability.
327.1 Policy.
327.2 Vehicles.
327.3 Vessels.
327.4 Aircraft.
327.5 Swimming.
327.6 Picnicking.
327.7 Camping.
327.8 Hunting, fishing and trapping.
327.9 Sanitation.
327.10 Fires.
327.11 Control of animals.
327.12 Restrictions.
327.13 Explosives, firearms, other weapons and fireworks.
327.14 Public property.
327.15 Abandonment and impoundment of personal property.
327.16 Lost and found articles.
327.17 Advertisement.
327.18 Commercial activities.
327.19 Permits.
327.20 Unauthorized structures.
327.21 Special events.
327.22 Unauthorized occupation.
327.23 Recreation use fees.
327.24 Interference with Government employees.
327.25 Violations of rules and regulations.
327.26 State and local laws.
327.27--327.29 [Reserved]
327.30 Shoreline Management on Civil Works Projects.
327.31 Shoreline Management fee schedule.
Authority: The Rivers and Harbors Act of 1894, as amended and
supplemented (33 U.S.C. 1); 16 U.S.C. 460d and 460l-6a.
Source: 50 FR 35556, Sept. 3, 1985, unless otherwise noted.
Sec. 327.0 Applicability.
The regulations covered in this part 327 shall be applicable to
water resource development projects, completed or under construction,
administered by the Chief of Engineers, and to those portions of jointly
administered water resource 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 resource 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 Engineer
shall include the authorized representatives of the District Engineer.
(c) The term project or water resource development project refers to
the water areas of any water resource development project administered
by the Chief
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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 resource development project.
(d) All water resource 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
Engineer 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 resource
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 owner of any unattended
vehicle, vessel or aircraft as described herein shall be presumed to be
responsible for its use on project property. 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, Violation of Rules and
Regulations.
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, 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, project 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 Engineer. Taking any vehicle through, around or beyond a
restrictive sign, recognizable barricade, fence or traffic control
barrier is prohibited.
(d) Vehicles shall be operated only in accorance with posted
regulations and applicable Federal, state and local laws, which shall be
enforced by authorized enforcement officials.
(e) No person shall operate any vehicle in a careless, negligent or
reckless manner so as to endanger any person, project property or
environmental feature.
(f) At developed 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 Engineer, 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.
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, jetskis and any other such equipment capable
of navigation on water, 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
[[Page 7]]
Army. This paragraph (Sec. 327.3(b)) 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 continous 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, including buoys, and applicable Federal, state and
local laws, as regulated by authorized enforcement officials. All
vessels or watercraft so required by applicable Federal, state and local
laws shall display an appropriate registration on board whenever the
vessel is operated on project waters.
(d) The operation of vessels or other watercraft in a careless,
negligent or reckless manner so as to endanger any property or person
(including the operator and/or user(s) of the vessel or watercraft) is
prohibited.
(e) All vessels, when in use, shall have safety equipment, including
personal floatation devices, on board in compliance with U.S. Coast
Guard boating safety requirements (Coast Guard Pamphlet CG-290; 46 CFR
parts 25, 30; 33 CFR part 175) and in compliance with boating safety
laws issued and enforced by the state in which the vessel is being
operated.
(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 property
or person (including the user and/or operator of the towing vessel).
(h) All vessels when not in actual use shall be removed from project
lands and water unless securely moored or stored at designated areas
approved by the District Engineer. 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 Engineer, 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.
Sec. 327.4 Aircraft.
(a) This section pertains to all aircraft including, but not limited
to, airplanes, seaplanes, helicopters, ultralight 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 Engineer 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 Engineer 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 or property.
(d) Nothing in this section (Sec. 327.4) 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.
[[Page 8]]
(e) Except in extreme emergencies threatening human life or serious
property loss, the air delivery of any person, material or equipment by
parachute, helicopter or other means onto project lands or waters
without written permission of the District Engineer 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, herein called seaplanes, at the risk of the owner, operator and
passenger(s).
(2) Seaplane operations contrary to the prohibitions or restrictions
established by the District Engineer (pursuant to part 328 of title 36)
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 marine rules of the road for power boats or vessels
and Sec. 327.3 Vessels.
(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 Engineer. Seaplanes may be temporarily moored
on project waters and lands, except in areas prohibited by the District
Engineer, for periods less than 24 hours providing that (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 Engineer 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 adequate lighting and supervision approved by the
District Engineer are available.
Sec. 327.5 Swimming.
(a) Swimming, diving, snorkling or scuba diving at one's own risk is
permitted, except at launching sites, designated mooring points and
other areas so designated by the District Engineer. Diving or jumping
from bridges or other structures which cross project waters is
prohibited.
(b) An international diving flag must be displayed during underwater
activities.
Sec. 327.6 Picnicking.
Picnicking and related day-use activities are permitted, except in
those areas where prohibited by the District Engineer.
Sec. 327.7 Camping.
(a) Camping is permitted only at sites and/or areas designated by
the District Engineer.
(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
Engineer.
(c) The unauthorized placement of camping equipment or other items
on a campsite and/or personal appearance without overnight occupancy at
a campsite for the purpose of reserving a designated 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 Engineer is
prohibited.
Sec. 327.8 Hunting, fishing, and trapping.
Hunting, fishing, and trapping are permitted except in areas where
prohibited by the District Engineer. All Federal, state and local laws
governing these activities apply on project lands and waters, as
regulated by authorized enforcement officials.
Sec. 327.9 Sanitation.
(a) Garbage, trash, rubbish, litter, 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
[[Page 9]]
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 Engineer.
(c) The spilling, pumping or other discharge 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
resource 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
Engineer.
(b) Fires shall be confined to those areas designated by the
District Engineer, 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 or treated wood products is prohibited.
(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 unless penned, caged, on a leash under 6 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. All animals and pets are prohibited in
swimming beaches. Animals and pets, except properly trained animals
assisting the handicapped (such as seeing-eye dogs), are prohibited in
sanitary facilities or other areas so designated by the District
Engineer. 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, in sanitary
facilities, 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
except in areas designated by the District Engineer.
(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 Engineer.
(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 Engineer, who may
assess a reasonable impoundment fee. This fee shall be paid before the
impounded animal is returned to its owner(s).
Sec. 327.12 Restrictions.
(a) The District Engineer 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 Engineer may close or restrict the
use of a project or portion of a project when necessitated by reason of
public health, public safety, maintenance, 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
[[Page 10]]
10 p.m. and 6 a.m., or those hours designated by the District Engineer.
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 another
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 audio or other noise producing
device including, but not limited to, radios, televisions, or musical
instruments and motorized equipment, including 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.
Sec. 327.13 Explosives, firearms, other weapons and fireworks.
The possession of loaded firearms, ammunition, loaded projectile
firing devices, bows and arrows, crossbows, explosives or explosive
devices of any kind, including fireworks, is prohibited unless:
(a) In the possession of a Federal, state or local law enforcement
officer;
(b) Being used for hunting or fishing as permitted under Sec. 327.8,
with devices being unloaded when transported to, from or between hunting
and fishing sites;
(c) Being used at authorized shooting ranges; or
(d) Written permission has been received from the District Engineer.
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, and vegetative growth, is prohibited except when in accordance
with written pemission of the District Engineer.
(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 Engineer.
(c) Gathering of dead wood on the ground for use in designated
recreation areas as firewood is permitted.
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,
unattended personal property shall be presumed to be abandoned and may
be impounded and stored at a storage point designated by the District
Engineer, who may assess a reasonable impoundment fee. Such fee shall be
paid before the impounded property is returned to its owner.
(b) The District Engineer 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 it has a
fair market value of $25 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 Engineer. The net proceeds from the sale of
property shall be covered into the Treasury of the United States as
miscellaneous receipts.
(c) Personal property placed on Federal lands or waters adjacent to
a private residence and/or developments of any private nature for more
than 24 hours without permssion of the District Engineer shall be
presumed to have been abandoned and, unless proven otherwise, such
presumption will be sufficient to issue a citation as provided for in
Sec. 327.25.
[[Page 11]]
Sec. 327.16 Lost and found articles.
All articles found shall be deposited by the finder at the Resource
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 Engineer. 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.
The engaging in or solicitation of business without the express
written permission of the District Engineer is prohibited.
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
Engineer under the authority of this regulation. District Engineers 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 Resource Manager's office.
(c) Permits for nonfloating structures (issued under the authority
of Sec. 327.30) of any kind constructed, placed in or affecting waters
of water resource development projects where such waters are deemed
navigable waters of the U.S. shall be issued under the provisions of
section 10 of the Act approved March 3, 1899 (33 U.S.C. 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 U.S.C.
1344). (See 33 CFR parts 320-330).
(d) Permits for nonfloating structures (issued under the authority
of Sec. 327.30) of any kind in waters of water resource 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 U.S.C. 1344) (See 33 CFR parts 320-330).
Certification may be required pursuant to section 401 of the Clean Water
Act (33 U.S.C. 1341).
Sec. 327.20 Unauthorized structures.
The construction, placement, or existence of any structure
(including, but not limited to, roads, trails, signs 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 agreement has been issued by the District Engineer.
The design, construction, placement, existence or use of structures in
violation of the terms of the permit, lease, license or other written
agreement 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 Engineer.
Sec. 327.21 Special events.
(a) Special events including, but not limited to, water carnivals,
boat regattas, music festivals, dramatic presentations or other special
recreation programs are prohibited unless written permission has been
granted by the District Engineer. An appropriate fee may be charged
under the authority of Sec. 327.23.
[[Page 12]]
(b) The public shall not be charged any fee by the sponsor of such
event unless the District Engineer has approved in writing (and the
sponsor has properly posted) the proposed schedule of fees. The District
Engineer shall have authority to revoke permission and require removal
of any equipment 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 same as a full- or part-time residence without the written
permission of the District Engineer is prohibited. The provisions of
this section shall not apply to the occupation of lands for the purpsose
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 Engineer.
Sec. 327.23 Recreation use fees.
(a) In accordance with 16 U.S.C. 4601, the Corps of Engineers is
required to collect 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) All use fees shall be fair and equitable and will be based on
the following criteria (as contained in the Land and Water Conservation
Fund Act of 1965, Pub. L. 88-578, as amended):
(1) The direct and indirect amount of Federal expenditure.
(2) The benefit to the recipient.
(3) The public policy or interest served.
(4) The comparable recreation fees charged by other Federal and non-
Federal public agencies and the private sector within the service area
of the management unit at which the fee is charged.
(5) The economic and administrative feasibility of fee collection.
(6) The extent of regular maintenance required.
(7) Other pertinent factors.
Based upon the above criteria, it shall be the policy of the Chief of
Engineers to publish in the Federal Register, as a general notice
document, the established range of fees for specialized sites,
facilities, equipment or services whenever such fees are adjusted.
(c) Where such fees are charged, the District Engineer 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 U.S.C. 4601-6a), is prohibited and is
punishable by a fine of not more than $100.
(d) Any Golden Age or Golden Access Passport permittee shall be
entitled, upon presentation of such a permit, to utlilize special
recreation facilities at a rate of 50 percent off the established use
fee at federally operated areas.
(e) At each Corps lake or reservoir where camping is permitted, the
District Engineer will provide at least one primitive campground,
containing designated campsites, sanitary facilities and vehicular
access, where no fees will be charged.
Sec. 327.24 Interference with Government employees.
(a) It is a Federal crime pursuant to the provisions of sections
1114 and 111 of title 18 U.S.C., to forcibly assault, resist, oppose,
impede, intimidate, or interfere with any civilian official or employee
of 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
[[Page 13]]
performance of their official duties. Such interference with a Federal
employee includes failure to provide a correct name, address or other
identification upon request of the Federal employee, when that employee
is authorized by the District Engineer to issue citations in the
performance of the employees official duties.
Sec. 327.25 Violation 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 $500 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 U.S.C. Persons designated by the District Engineer
shall have the authority to issue a citation for violation of these
regulations, requiring the appearance of 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 U.S.C. 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 1114 or section 111 of title 18 U.S.C. or under provisions of
pertinent state law may be tried and sentenced as further provided in
Federal or state law, as the case may be.
Sec. 327.26 State and local laws.
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:
(a) Operation and use of motor vehicles, vessels, and aircraft;
(b) Hunting, fishing and trapping;
(c) Use of firearms or other weapons;
(d) Civil disobedience and criminal acts; and,
(e) Littering, sanitation and pollution.
These state and local laws and ordinances are enforced by those state
and local enforcement agencies established and authorized for that
purpose.
Secs. 327.27--327.29 [Reserved]
Sec. 327.30 Shoreline Management on Civil Works Projects.
(a) Purpose. The purpose of this regulation is to provide policy and
guidance on management of shorelines of Civil Works projects where 36
CFR part 327 is applicable.
(b) Applicability. This regulation is applicable to all field
operating agencies with Civil Works responsibilities except when such
application would result in an impingement upon existing Indian rights.
(c) References. (1) Section 4, 1944 Flood Control Act, as amended
(16 U.S.C. 460d).
(2) The Rivers and Harbors Act of 1894, as amended and supplemented
(33 U.S.C. 1)
(3) Section 10, River and Harbor Act of 1899 (33 U.S.C. 403).
(4) National Historic Preservation Act of 1966 (Pub. L. 89-665; 80
Stat. 915) as amended (16 U.S.C. 470 et seq.).
(5) The National Environmental Policy Act of 1969 (42 U.S.C. 4321,
et seq.).
(6) The Clean Water Act (33 U.S.C. 1344, et seq.).
(7) The Water Resources Development Act of 1986 (Pub. L. 99-662).
(8) Title 36, chapter III, part 327, Code of Federal Regulations,
``Rules and Regulations Governing Public Use of Water Resource
Development Projects Administered by the Chief of Engineers.''
(9) Executive Order 12088 (13 Oct. 78).
(10) 33 CFR parts 320-330, ``Regulatory Programs of the Corps of
Engineers.''
(11) ER 1130-2-400, ``Management of Natural Resources and Outdoor
Recreation at Civil Works Water Resource Projects.''
(12) EM 385-1-1, ``Safety and Health Requirements Manual.''
(d) Policy. (1) It is the policy of the Chief of Engineers to
protect and manage shorelines of all Civil Works water resource
development projects under Corps jurisdiction in a manner which will
promote the safe and healthful use of these shorelines by the public
while maintaining environmental safeguards to ensure a quality resource
for use by
[[Page 14]]
the public. The objectives of all management actions will be to achieve
a balance between permitted private uses and resource protection for
general public use. Public pedestrian access to and exit from these
shorelines shall be preserved. For projects or portions of projects
where Federal real estate interest is limited to easement title only,
management actions will be appropriate within the limits of the estate
acquired.
(2) Private shoreline uses may be authorized in designated areas
consistent with approved use allocations specified in Shoreline
Management Plans. Except to honor written commitments made prior to
publication of this regulation, private shoreline uses are not allowed
on water resource projects where construction was initiated after
December 13, 1974, or on water resource projects where no private
shoreline uses existed as of that date. Any existing permitted
facilities on these projects will be grandfathered until the facilities
fail to meet the criteria set forth in Sec. 327.30(h).
(3) A Shoreline Management Plan, as described in Sec. 327.30(e),
will be prepared for each Corps project where private shoreline use is
allowed. This plan will honor past written commitments. The plan will be
reviewed at least once every five years and revised as necessary.
Shoreline uses that do not interfere with authorized project purposes,
public safety concerns, violate local norms or result in significant
environmental effects should be allowed unless the public participation
process identifies problems in these areas. If sufficient demand exists,
consideration should be given to revising the shoreline allocations
(e.g. increases/decreases). Maximum public participation will be
encouraged as set forth in Sec. 327.30(e)(6). Except to honor written
commitments made prior to the publication of this regulation, shoreline
management plans are not required for those projects where construction
was initiated after December 13, 1974, or on projects not having private
shoreline use as of that date. In that case, a statement of policy will
be developed by the district commander to present the shoreline
management policy. This policy statement will be subject to the approval
of the division commander. For projects where two or more agencies have
jurisdiction, the plan will be cooperatively prepared with the Corps as
coordinator.
(4) Where commercial or other public launching and/or moorage
facilities are not available within a reasonable distance, group owned
mooring facilities may be allowed in Limited Development Areas to limit
the proliferation of individual facilities. Generally only one permit
will be necessary for a group owned mooring facility with that entity,
if incorporated, or with one person from the organization designated as
the permittee and responsible for all moorage spaces within the
facility. No charge may be made for use of any permitted facility by
others nor shall any commercial activity be engaged in thereon.
(5) The issuance of a private shoreline use permit does not convey
any real estate or personal property rights or exclusive use rights to
the permit holder. The public's right of access and use of the permit
area must be maintained and preserved. Owners of permitted facilities
may take necessary precautions to protect their property from theft,
vandalism or trespass, but may in no way preclude the public right of
pedestrian or vessel access to the water surface or public land adjacent
to the facility.
(6) Shoreline Use Permits will only be issued to individuals or
groups with legal right of access to public lands.
(e) Shoreline Management Plan--
(1) General. The policies outlined in Sec. 327.30(d) will be
implemented through preparation of Shoreline Management Plans, where
private shoreline use is allowed.
(2) Preparation. A Shoreline Management Plan is prepared as part of
the Operational Management Plan. A moratorium on accepting applications
for new permits may be placed in effect from the time an announcement of
creation of a plan or formal revision of a plan is made until the action
is completed.
(3) Approval. Approval of Shoreline Management Plans rests with
division commanders. After approval, one copy of each project Shoreline
Management Plan will be forwarded to HQUSACE
[[Page 15]]
(CECW-ON) WASH DC 20314-1000. Copies of the approved plan will also be
made available to the public.
(4) Scope and Format. The Shoreline Management Plan will consist of
a map showing the shoreline allocated to the uses listed in
Sec. 327.30(e)(6), related rules and regulations, a discussion of what
areas are open or closed to specific activities and facilities, how to
apply for permits and other information pertinent to the Corps
management of the shoreline. The plan will be prepared in sufficient
detail to ensure that it is clear to the public what uses are and are
not allowed on the shoreline of the project and why. A process will be
developed and presented in the Shoreline Management Plan that prescribes
a procedure for review of activities requested but not specifically
addressed by the Shoreline Management Plan.
(5) Shoreline Allocation. The entire shoreline will be allocated
within the classifications below and delineated on a map. Any action,
within the context of this rule, which gives a special privilege to an
individual or group of individuals on land or water at a Corps project,
that precludes use of those lands and waters by the general public, is
considered to be private shoreline use. Shoreline allocations cover that
land and/or water extending from the edge of the water and waterward
with the exception of allocations for the purpose of vegetation
modification which extends landward to the project boundary. These
allocations should complement, but certainly not contradict, the land
classifications in the project master plan. A map of sufficient size and
scale to clearly display the shoreline allocations will be conspicuously
displayed or readily available for viewing in the project administration
office and will serve as the authoritative reference. Reduced or smaller
scale maps may be developed for public dissemination but the information
contained on these must be identical to that contained on the display
map in the project administration office. No changes will be made to
these maps except through the formal update process. District commanders
may add specific constraints and identify areas having unique
characteristics during the plan preparation, review, or updating process
in addition to the allocation classifications described below.
(i) Limited Development Areas. Limited Development Areas are those
areas in which private facilities and/or activities may be allowed
consistent with Sec. 327.30(h) and appendix A. Modification of
vegetation by individuals may be allowed only following the issuance of
a permit in accordance with appendix A. Potential low and high water
conditions and underwater topography should be carefully evaluated
before shoreline is allocated as Limited Development Area.
(ii) Public Recreation Areas. Public Recreation Areas are those
areas designated for commercial concessionaire facilities, Federal,
state or other similar public use. No private shoreline use facilities
and/or activities will be permitted within or near designated or
developed public recreation areas. The term ``near'' depends on the
terrain, road system, and other local conditions, so actual distances
must be established on a case by case basis in each project Shoreline
Management Plan. No modification of land forms or vegetation by private
individuals or groups of individuals is permitted in public recreation
areas.
(iii) Protected Shoreline Areas. Protected Shoreline Areas are those
areas designated to maintain or restore aesthetic, fish and wildlife,
cultural, or other environmental values. Shoreline may also be so
designated to prevent development in areas that are subject to excessive
siltation, erosion, rapid dewatering, or exposure to high wind, wave, or
current action and/or in areas in which development would interfere with
navigation. No Shoreline Use Permits for floating or fixed recreation
facilities will be allowed in protected areas. Some modification of
vegetation by private individuals, such as clearing a narrow meandering
path to the water, or limited mowing, may be allowed only following the
issuance of a permit if the resource manager determines that the
activity will not adversely impact the environment or physical
characteristics for which the area was designated as protected. In
making this determination the effect
[[Page 16]]
on water quality will also be considered.
(iv) Prohibited Access Areas. Prohibited Access Areas are those in
which public access is not allowed or is restricted for health, safety
or security reasons. These could include hazardous areas near dams,
spillways, hydro-electric power stations, work areas, water intake
structures, etc. No shoreline use permits will be issued in Prohibited
Access Areas.
(6) Public Participation. District commanders will ensure public
participation to the maximum practicable extent in Shoreline Management
Plan formulation, preparation and subsequent revisions. This may be
accomplished by public meetings, group workshops, open houses or other
public involvement techniques. When master plan updates and preparation
of the Shoreline Management Plans are concurrent, public participation
may be combined and should consider all aspects of both plans, including
shoreline allocation classifications. Public participation will begin
during the initial formulation stage and must be broad-based to cover
all aspects of public interest. The key to successful implementation is
an early and continual public relations program. Projects with
significant numbers of permits should consider developing computerized
programs to facilitate exchange of information with permittees and to
improve program efficiency. Special care will be taken to advise citizen
and conservation organizations; Federal, state and local natural
resource management agencies; Indian Tribes; the media; commercial
concessionaires; congressional liaisons; adjacent landowners and other
concerned entities during the formulation of Shoreline Management Plans
and subsequent revisions. Notices shall be published prior to public
meetings to assure maximum public awareness. Public notices shall be
issued by the district commander allowing for a minimum of 30 days for
receipt of written public comment in regard to the proposed Shoreline
Management Plan or any major revision thereto.
(7) Periodic Review. Shoreline Management Plans will be reviewed
periodically, but no less often than every five years, by the district
commander to determine the need for update. If sufficient controversy or
demand exists, consideration should be given, consistent with other
factors, to a process of reevaluation of the shoreline allocations and
the plan. When changes to the Shoreline Management Plan are needed, the
plan will be formally updated through the public participation process.
Cumulative environmental impacts of permit actions and the possibility
of preparing or revising project NEPA documentation will be considered.
District commanders may make minor revisions to the Shoreline Management
Plan when the revisions are consistent with policy and funds for a
complete plan update are not available. The amount and type of public
involvement needed for such revision is at the discretion of the
district commander.
(f) Instruments for Shoreline Use. Instruments used to authorize
private shoreline use facilities, activities or development are as
follows:
(1) Shoreline Use Permits. (i) Shoreline Use Permits are issued and
enforced in accordance with provisions of 36 CFR 327.19.
(ii) Shoreline Use Permits are required for private structures/
activities of any kind (except boats) in waters of Civil Works projects
whether or not such waters are deemed navigable and where such waters
are under the primary jurisdiction of the Secretary of the Army and
under the management of the Corps of Engineers.
(iii) Shoreline Use Permits are required for non-floating structures
on waters deemed commercially non-navigable, when such waters are under
management of the Corps of Engineers.
(iv) Shoreline Use Permits are also required for land vegetation
modification activities which do not involve disruption to land form.
(v) Permits should be issued for a term of five years. To reduce
administration costs, one year permits should be issued only when the
location or nature of the activity requires annual reissuance.
(vi) Shoreline Use Permits for erosion control may be issued for the
life or period of continual ownership of the structure by the permittee
and his/her legal spouse.
[[Page 17]]
(2) Department of the Army Permits. Dredging, construction of fixed
structures, including fills and combination fixed-floating structures
and the discharge of dredged or fill material in waters of the United
States will be evaluated under authority of section 10, River and Harbor
Act of 1899 (33 U.S.C. 403) and section 404 of the Clean Water Act (33
U.S.C. 1344). Permits will be issued where appropriate.
(3) Real Estate Instruments. Commercial development activities and
activities which involve grading, cuts, fills, or other changes in land
form, or establishment of appropriate land-based support facilities
required for private floating facilities, will continue to be covered by
a lease, license or other legal grant issued through the appropriate
real estate element. Shoreline Management Plans should identify the
types of activities that require real estate instruments and indicate
the general process for obtaining same. Shoreline Use Permits are not
required for facilities or activities covered by a real estate
instrument.
(g) Transfer of Permits. Shoreline Use Permits are non-transferable.
They become null and void upon sale or transfer of the permitted
facility or the death of the permittee and his/her legal spouse.
(h) Existing Facilities Now Under Permit. Implementation of a
Shoreline Management Plan shall consider existing permitted facilities
and prior written Corps commitments implicit in their issuance.
Facilities or activities permitted under special provisions should be
identified in a way that will set them apart from other facilities or
activities.
(1) Section 6 of Pub. L. 97-140 provides that no lawfully installed
dock or appurtenant structures shall be required to be removed prior to
December 31, 1989, from any Federal water resources reservoir or lake
project administered by the Secretary of the Army, acting through the
Chief of Engineers, on which it was located on December 29, 1981, if
such property is maintained in usable condition, and does not occasion a
threat to life or property.
(2) In accordance with section 1134(d) of Pub. L. 99-662, any
houseboat, boathouse, floating cabin or lawfully installed dock or
appurtenant structures in place under a valid shoreline use permit as of
November 17, 1986, cannot be forced to be removed from any Federal water
resources project or lake administered by the Secretary of the Army on
or after December 31, 1989, if it meets the three conditions below
except where necessary for immediate use for public purposes or higher
public use or for a navigation or flood control project.
(i) Such property is maintained in a usable and safe condition,
(ii) Such property does not occasion a threat to life or property,
and
(iii) The holder of the permit is in substantial compliance with the
existing permit.
(3) All such floating facilities and appurtenances will be formally
recognized in an appropriate Shoreline Management Plan. New permits for
these permitted facilities will be issued to new owners. If the holder
of the permit fails to comply with the terms of the permit, it may be
revoked and the holder required to remove the structure, in accordance
with the terms of the permit as to notice, time, and appeal.
(i) Facility Maintenance. Permitted facilities must be operated,
used and maintained by the permittee in a safe, healthful condition at
all times. If determined to be unsafe, the resource manager will
establish together with the permittee a schedule, based on the
seriousness of the safety deficiency, for correcting the deficiency or
having it removed, at the permittee's expense. The applicable safety and
health prescriptions in EM 385-1-1 should be used as a guide.
(j) Density of Development. The density of private floating and
fixed recreation facilities will be established in the Shoreline
Management Plan for all portions of Limited Development areas consistent
with ecological and aesthetic characteristics and prior written
commitments. The facility density in Limited Development Areas should,
if feasible, be determined prior to the development of adjacent private
property. The density of facilities will not be more than 50 per cent of
the Limited Development Area in which they are
[[Page 18]]
located. Density will be measured by determining the linear feet of
shoreline as compared to the width of the facilities in the water plus
associated moorage arrangements which restrict the full unobstructed use
of that portion of the shoreline. When a Limited Development Area or a
portion of a Limited Development area reaches maximum density, notice
should be given to the public and facility owners in that area that no
additional facilities will be allowed. In all cases, sufficient open
area will be maintained for safe maneuvering of watercraft. Docks should
not extend out from the shore more than one-third of the width of a cove
at normal recreation or multipurpose pool. In those cases where current
density of development exceeds the density level established in the
Shoreline Management Plan, the density will be reduced to the prescribed
level through attrition.
(k) Permit Fees. Fees associated with the Shoreline Use Permits
shall be paid prior to issuing the permit in accordance with the
provisions of Sec. 327.30(c)(1). The fee schedule will be published
separately.
Appendix A to Sec. 327.30--Guidelines for Granting Shoreline Use Permits
1. General
a. Decisions regarding permits for private floating recreation
facilities will consider the operating objectives and physical
characteristics of each project. In developing Shoreline Management
Plans, district commanders will give consideration to the effects of
added private boat storage facilities on commercial concessions for that
purpose. Consistent with established policies, new commercial
concessions may be alternatives to additional limited development
shoreline.
b. Permits for individually or group owned shoreline use facilities
may be granted only in Limited Development Areas when the sites are not
near commercial marine services and such use will not despoil the
shoreline nor inhibit public use or enjoyment thereof. The installation
and use of such facilities will not be in conflict with the preservation
of the natural characteristics of the shoreline nor will they result in
significant environmental damage. Charges will be made for Shoreline Use
Permits in accordance with the separately published fee schedule.
c. Permits may be granted within Limited Development Areas for ski
jumps, floats, boat moorage facilities, duck blinds, and other private
floating recreation facilities when they will not create a safety hazard
and inhibit public use or enjoyment of project waters or shoreline. A
Corps permit is not required for temporary ice fishing shelters or duck
blinds when they are regulated by a state program. When the facility or
activity is authorized by a shoreline use permit, a separate real estate
instrument is generally not required.
d. Group owned boat mooring facilities may be permitted in Limited
Development Areas where practicable (e.g. where physically feasible in
terms of access, water depths, wind protection, etc.).
2. Applications for Shoreline Use Permits
a. Applications for private Shoreline Use Permits will be reviewed
with full consideration of the policies set forth in this and referenced
regulations, and the Shoreline Management Plan. Fees associated with the
Shoreline Use Permit shall be paid prior to issuing the permit. Plans
and specifications of the proposed facility shall be submitted and
approved prior to the start of construction. Submissions should include
engineering details, structural design, anchorage method, and
construction materials; the type, size, location and ownership of the
facility; expected duration of use; and an indication of willingness to
abide by the applicable regulations and terms and conditions of the
permit. Permit applications shall also identify and locate any land-
based support facilities and any specific safety considerations.
b. Permits will be issued by the district commander or his/her
authorized representative on ENG Form 4264-R (Application for Shoreline
Use Permit) (appendix B). Computer generated forms may be substituted
for ENG Form 4264-R provided all information is included. The computer
generated form will be designated, ``ENG Form 4264-R-E, Oct 87
(Electronic generation approved by USACE, Oct 87)''.
c. The following are guides to issuance of Shoreline Use Permits:
(1) Use of boat mooring facilities, including piers and boat
(shelters) houses, will be limited to vessel or watercraft mooring and
storage of gear essential to vessel or watercraft operation.
(2) Private floating recreation facilities, including boat mooring
facilities shall not be constructed or used for human habitation or in a
manner which gives the appearance of converting Federal public property
on which the facility is located to private, exclusive use. New docks
with enclosed sides (i.e. boathouses) are prohibited.
(3) No private floating facility will exceed the minimum size
required to moor the owner's boat or boats plus the minimum size
required for an enclosed storage locker of oars, life preservers and
other items essential to
[[Page 19]]
watercraft operation. Specific size limitations may be established in
the project Shoreline Management Plan.
(4) All private floating recreation facilities including boat
mooring facilities will be constructed in accordance with plans and
specifications, approved by the resource manager, or a written
certification from a licensed engineer, stating the facility is
structurally safe will accompany the initial submission of the plans and
specifications.
(5) Procedures regarding permits for individual facilities shall
also apply to permits for non-commercial group mooring facilities.
(6) Facilities attached to the shore shall be securely anchored by
means of moorings which do not obstruct the free use of the shoreline,
nor damage vegetation or other natural features. Anchoring to vegetation
is prohibited.
(7) Electrical service and equipment leading to or on private
mooring facilities must not pose a safety hazard nor conflict with other
recreational use. Electrical installations must be weatherproof and meet
all current applicable electrical codes and regulations. The facility
must be equipped with quick disconnect fittings mounted above the flood
pool elevation. All electrical installations must conform to the
National Electric Code and all state, and local codes and regulations.
In those states where electricians are licensed, registered, or
otherwise certified, a copy of the electrical certification must be
provided to the resource manager before a Shoreline Use Permit can be
issued or renewed. The resource manager will require immediate removal
or disconnection of any electrical service or equipment that is not
certified (if appropriate), does not meet code, or is not safely
maintained. All new electrical lines will be installed underground. This
will require a separate real estate instrument for the service right-of-
way. Existing overhead lines will be allowed, as long as they meet all
applicable electrical codes, regulations and above guidelines, to
include compatibility and safety related to fluctuating water levels.
(8) Private floating recreation facilities will not be placed so as
to interfere with any authorized project purposes, including navigation,
or create a safety or health hazard.
(9) The district commander of his/her authorized representative may
place special conditions on the permit when deemed necessary.
(10) Vegetation modification, including but not limited to, cutting,
pruning, chemical manipulation, removal or seeding by private
individuals is allowed only in those areas designated as Limited
Development Areas or Protected Shoreline Areas. An existing (as of July
1, 1987) vegetation modification permit, within a shoreline allocation
which normally would not allow vegetation modification, should be
grandfathered. Permittees will not create the appearance of private
ownership of public lands.
(11) The term of a permit for vegetation modification will be for
five years. Where possible, such permits will be consolidated with other
shoreline management permits into a single permit. The district
commander is authorized to issue vegetation modification permits of less
than five years for one-time requests or to aid in the consolidation of
shoreline management permits.
(12) When issued a permit for vegetative modification, the permittee
will delineate the government property line, as surveyed and marked by
the government, in a clear but unobtrusive manner approved by the
district commander and in accordance with the project Shoreline
Management Plan and the conditions of the permit. Other adjoining owners
may also delineate the common boundary subject to these same conditions.
This delineation may include, but is not limited to, boundary plantings
and fencing. The delineation will be accomplished at no cost to the
government.
(13) No permit will be issued for vegetation modification in
Protected Shoreline Areas until the environmental impacts of the
proposed modification are assesed by the resource manager and it has
been determined that no significant adverse impacts will result. The
effects of the proposed modification on water quality will also be
considered in making this determination.
(14) The original of the completed permit application is to be
retained by the permittee. A duplicate will be retained in the resource
manager's office.
3. Permit Revocation
Permits may be revoked by the district commander when it is
determined that the public interest requires such revocation or when the
permittee fails to comply with terms and conditions of the permit, the
Shoreline Management Plan, or of this regulation. Permits for duck
blinds and ice fishing shelters will be issued to cover a period not to
exceed 30 days prior to and 30 days after the season.
4. Removal of Facilities
Facilities not removed when specified in the permit or when
requested after termination or revocation of the permit will be treated
as unauthorized structures pursuant to 36 CFR 327.20.
5. Posting of Permit Number
Each district will procure 5" x 8" or larger printed permit tags
of light metal or plastic for posting. The permit display tag shall be
posted on the facility and/or on the land area covered by the permit, so
that it can be visually checked, with ease in accordance with
[[Page 20]]
instructions provided by the resource manager. Facilities or activities
permitted under special provisions should be identified in a way that
will set apart from other facilities or activities.
Appendix B to Sec. 327.30--Application for Shoreline Use Permit
[Reserved]
Appendix C to Sec. 327.30--Shoreline Use Permit Conditions
1. This permit is granted solely to the applicant for the purpose
described on the attached permit.
2. The permittee agrees to and does hereby release and agree to save
and hold the Government harmless from any and all causes of action,
suits at law or equity, or claims or demands or from any liability of
any nature whatsoever for or on account of any damages to persons or
property, including a permitted facility, growing out of the ownership,
construction, operation or maintenance by the permittee of the permitted
facilities and/or activities.
3. Ownership, construction, operation, use and maintenance of a
permitted facility are subject to the Government's navigation servitude.
4. No attempt shall be made by the permittee to forbid the full and
free use by the public of all public waters and/or lands at or adjacent
to the permitted facility or to unreasonably interfere with any
authorized project purposes, including navigation in connection with the
ownership, construction, operation or maintenance of a permitted
facility and/or activity.
5. The permittee agrees that if subsequent operations by the
Government require an alteration in the location of a permitted facility
and/or activity or if in the opinion of the district commander a
permitted facility and/or activity shall cause unreasonable obstruction
to navigation or that the public interest so requires, the permittee
shall be required, upon written notice from the district commander to
remove, alter, or relocate the permitted facility, without expense to
the Government.
6. The Government shall in no case be liable for any damage or
injury to a permitted facility which may be caused by or result from
subsequent operations undertaken by the Government for the improvement
of navigation or for other lawful purposes, and no claims or right to
compensation shall accrue from any such damage. This includes any damage
that may occur to private property if a facility is removed for
noncompliance with the conditions of the permit.
7. Ownership, construction, operation, use and maintenance of a
permitted facility and/or activity are subject to all applicable
Federal, state and local laws and regulations. Failure to abide by these
applicable laws and regulations may be cause for revocation of the
permit.
8. This permit does not convey any property rights either in real
estate or material; and does not authorize any injury to private
property or invasion of private rights or any infringement of Federal,
state or local laws or regulations, nor does it obviate the necessity of
obtaining state or local assent required by law for the construction,
operation, use or maintenance of a permitted facility and/or activity.
9. The permittee agrees to construct the facility within the time
limit agreed to on the permit issuance date. The permit shall become
null and void if construction is not completed within that period.
Further, the permittee agrees to operate and maintain any permitted
facility and/or activity in a manner so as to provide safety, minimize
any adverse impact on fish and wildlife habitat, natural, environmental,
or cultural resources values and in a manner so as to minimize the
degradation of water quality.
10. The permittee shall remove a permitted facility within 30 days,
at his/her expense, and restore the waterway and lands to a condition
accepted by the resource manager upon termination or revocation of this
permit or if the permittee ceases to use, operate or maintain a
permitted facility and/or activity. If the permittee fails to comply to
the satisfaction of the resource manager, the district commander may
remove the facility by contract or otherwise and the permittee agrees to
pay all costs incurred thereof.
11. The use of a permitted boat dock facility shall be limited to
the mooring of the permittee's vessel or watercraft and the storage, in
enclosed locker facilities, of his/her gear essential to the operation
of such vessel or watercraft.
12. Neither a permitted facility nor any houseboat, cabin cruiser,
or other vessel moored thereto shall be used as a place of habitation or
as a full or part-time residence or in any manner which gives the
appearance of converting the public property, on which the facility is
located, to private use.
13. Facilities granted under this permit will not be leased, rented,
sub-let or provided to others by any means of engaging in commercial
activity(s) by the permittee or his/her agent for monetary gain. This
does not preclude the permittee from selling total ownership to the
facility.
14. On all new docks and boat mooring buoys, floatation shall be of
materials which will not become waterlogged (not over 1\1/2\ percent by
volume ASTM), is resistant to damage by animals, and will not sink or
contaminate the water if punctured. No metal covered or injected drum
floatation will be allowed. Foam bead floatation that is not subject to
deterioration through loss of beads, meets the above criteria, and has a
[[Page 21]]
minimum density of 1.2 lb/cu ft. is authorized. Foam bead floatation
with a density of 1.0 lb/cu ft. but does not otherwise meet the above
criteria is authorized provided it is encased in an approved protective
coating which enables it to meet the specifications above. An approved
coating is defined as warranted by the manufacturer for a period of a
least eight years against cracking, peeling, sloughing and deterioration
from ultra violet rays, while retaining its resiliency against ice and
bumps by watercraft. Existing floatation will be authorized until it has
severely deteriorated and is no longer serviceable or capable of
supporting the structure, at which time it should be replaced with
approved floatation.
15. Permitted facilities and activities are subject to periodic
inspection by authorized Corps representatives. The resource manager
will notify the permittee of any deficiencies and together establish a
schedule for their correction. No deviation or changes from approved
plans will be allowed without prior written approval of the resource
manager.
16. Floating facilities shall be securely attached to the shore in
accordance with the approved plans by means of moorings which do not
obstruct general public use of the shoreline or adversely affect the
natural terrain or vegetation. Anchoring to vegetation is prohibited.
17. The permit display tag shall be posted on the permitted facility
and/or on the land areas covered by the permit so that it can be
visually checked with ease in accordance with instructions provided by
the resource manager.
18. No vegetation other than that prescribed in the permit will be
damaged, destroyed or removed. No vegetation of any kind will be
planted, other than that specifically prescribed in the permit.
19. No change in land form such as grading, excavation or filling is
authorized by this permit.
20. This permit is non-transferable. Upon the sale or other transfer
of the permitted facility or the death of the permittee and his/her
legal spouse, this permit is null and void.
21. By 30 days written notice, mailed to the permittee by certified
letter, the district commander may revoke this permit whenever the
public interest necessitates such revocation or when the permittee fails
to comply with any permit condition or term. The revocation notice shall
specify the reasons for such action. If the permittee requests a hearing
in writing to the district commander through the resource manager within
the 30-day period, the district commander shall grant such hearing at
the earliest opportunity. In no event shall the hearing date be more
than 60 days from the date of the hearing request. Following the
hearing, a written decision will be rendered and a copy mailed to the
permittee by certified letter.
22. Notwithstanding the conditions cited in condition 21 above, if
in the opinion of the district commander, emergency circumstances
dictate otherwise, the district commander may summarily revoke the
permit.
23. When vegetation modification on these lands is accomplished by
chemical means, the program will be in accordance with appropriate
Federal, state and local laws, rules and regulations.
24. The resource manager or his/her authorized representative shall
be allowed to cross the permittee's property, as necessary to inspect
facilities and/or activities under permit.
25. When vegetation modification is allowed, the permittee will
delineate the government property line in a clear, but unobtrusive
manner approved by the resource manager and in accordance with the
project Shoreline Management Plan.
26. If the ownership of a permitted facility is sold or transferred,
the permittee or new owner will notify the Resource Manager of the
action prior to finalization. The new owner must apply for a Shoreline
Use Permit within 14 days or remove the facility and restore the use
area within 30 days from the date of ownership transfer.
27. If permitted facilities are removed for storage or extensive
maintenance, the resource manager may require all portions of the
facility be removed from public property.
Appendix D to Sec. 327.30--Permit--[Reserved]
[55 FR 30697, July 27, 1990, as amended at 57 FR 21895, May 26, 1992; 57
FR 29220, July 1, 1992]
Effective Date Note: The amendment to Sec. 327.30 revising the last
sentence of paragraph (k), published at 56 FR 29587, June 28, 1991, was
deferred indefinitely. See 56 FR 49706, Oct. 1, 1991. The administrative
charges contained in Sec. 327.30, Shoreline Management on Civil Works
Projects, published in the July 1, 1991 edition of the Code of Federal
Regulations will remain in effect. Any future decisions affecting this
regulation will be published in the Federal Register at a later date by
the Corps of Engineers, Department of the Army. For the convenience of
the user, the rule published on June 28, 1991, at FR page 29587, is set
forth as follows:
Sec. 327.30 Shoreline Management on Civil Works Projects.
* * * * *
(k) * * * The Fee Schedule is published in Sec. 327.31.
[[Page 22]]
Sec. 327.31 Shoreline management fee schedule.
A charge will be made for Shoreline Use Permits to help defray
expenses associated with issuance and administration of the permits. As
permits become eligible for renewal after July 1, 1976, a charge of $10
for each new permit and a $5 annual fee for inspection of floating
facilities will be made. There will be no annual inspection fee for
permits for vegetative modification on Shoreline areas. In all cases the
total administrative charge will be collected initially at the time of
permit issuance rather than on a piecemeal annual basis.
[56 FR 61163, Dec. 2, 1991; 56 FR 65190, Dec. 16, 1991]
PART 328--REGULATION OF SEAPLANE OPERATIONS AT CIVIL WORKS WATER RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS--Table of Contents
Sec.
328.1 Purpose.
328.2 Applicability.
328.3 References.
328.4 Policy.
328.5 Guidelines for seaplane use of project waters.
328.6 Procedures.
328.7 Other authorities.
Authority: Sec. 4 of the Act of Dec. 22, 1944, 58 Stat. 889, as
amended, (16 U.S.C. 460d).
Source: 42 FR 59076, Nov. 15, 1977, unless otherwise noted.
Sec. 328.1 Purpose.
This regulation, in connection with the modification of the present
prohibition of seaplane operations by the amendment to Sec. 327.4 of
title 36 of the Code of Federal Regulations, is designed to provide
uniform policies and criteria for designating Corps projects, or
portions thereof, at which seaplane operations are prohibited or
restricted; and to continue to protect the integrity and all authorized
uses of such projects and the safety of users of such projects. As used
in this regulation, projects or Corps projects means water resources
development projects administered by the Chief of Engineers.
Sec. 328.2 Applicability.
This regulation is applicable to all Field Operating Agencies having
Civil Works responsibilities.
Sec. 328.3 References.
(a) Title 36 CFR, part 327, Rules and Regulations Governing Public
Use of Water Resource Development Projects Administered by the Chief of
Engineers (38 FR 7552, March 23, 1973).
(b) ER 1105-2-507.
(c) ER 1130-2-400.
(d) ER 1145-2-301.
(e) ER 1145-2-303.
(f) ER 1165-2-400.
(g) ER 405-2-800 Series.
Sec. 328.4 Policy.
(a) The objective of Corps of Engineers resources management is to
maximize public enjoyment and use of the lands, waters, forests, and
associated recreational resources, consistent with their aesthetic and
biological values. Such management includes efforts to preserve and
enhance the environmental amenities that are the source of the
recreational value associated with the project and to allow such other
new and innovative uses of the projects that are not detrimental
thereto.
(b) Seaplane operations at water resource development projects
administered by the Chief of Engineers may involve hazards including,
but not limited to, conflicting recreational activities, floating
debris, and underwater hazards, which may be accentuated by the normal
fluctutations of water levels.
(c) Seaplane operations may be prohibited or restricted at such
water resource development projects, or portions thereof, for a variety
of management reasons. Prohibiting or restricting seaplane operations in
certain portions within a project in no way implies that safety hazards
to seaplane operations or to other recreation users may not exist in
other portions of such project.
(d) The operation of a seaplane at Corps projects is at the risk of
the plane's owner, operator, and passenger(s). The responsibility to
ascertain whether seaplane operations are permitted, prohibited or
restricted at
[[Page 23]]
such projects, and portions thereof, is incumbent upon the person(s)
contemplating the use of, or using, such waters.
Sec. 328.5 Guidelines for seaplane use of project waters.
(a) All operations of the aircraft while upon the water shall be in
accordance with the marine rules of the road for power boats or vessels.
(b) 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 Engineer. Seaplanes may be temporarily moored
on project waters and lands, except in areas prohibited by the District
Engineer, for periods less than 24 hours providing that--
(1) The mooring is safe, secure, and accomplished so as not to
damage the rights of the government or members of the public and
(2) The operator remains in the vicinity of the seaplane and
reasonably available to relocate the seaplane if necessary.
(c) No commercial operation of seaplanes from project waters will be
allowed without written approval of the District Engineer following
consultation with and the necessary clearance from the Federal Aviation
Administration (FAA) and other appropriate public authorities and
affected interests.
(d) Seaplanes may not be operated at Corps projects between sunset
and sunrise unless adequate lighting and supervision are available.
(e) Requests for public commercial facilities in support of
seaplanes will be handled under normal concession policies.
(f) Permits for floating and nonfloating structures of any kind, in,
on, or affecting project waters, under the management of the Resource
Manager, including waters under lease, license or other outgrant
agreement, shall be handled in accordance with the lakeshore management
plan or policy statement for the project involved, Sec. 327.19 of title
36, Code of Federal Regulations and, where required by statute or
regulation, section 10 of the River and Harbor Act (approved March 3,
1899) and section 404 of the Federal Water Pollution Control Act of 1972
(Pub. L. 92-500).
(g) Appropriate signs should be employed to inform users of
projects, or portions thereof, where seaplane operations are permitted.
Sec. 328.6 Procedures.
(a) In order to protect the integrity and all authorized uses of
Corps projects and the safety of all users of the lake projects, the
District Engineer shall:
(1) Examine and investigate each Corps project within his district
which a seaplane operator could conceivably attempt to use for seaplane
operations, and determine those projects, or portions thereof, in which
seaplane operations should be prohibited.
(2) Establish such restrictions on seaplane operations as he deems
necessary or desirable in accordance with these regulations for other
areas. Seaplane takeoff and landing maneuvers within specified distances
of the shoreline, bridges, causeways, water utility crossings, dams, and
similar structures should be prohibited.
(3) Prior to concluding any such examination and investigation,
consult with the FAA, appropriate State aeronautical agency, lessee or
licensee of outgranted lands, the Coast Guard, and state boating law
administrators, and use his best efforts to consult with other
interested or affected public authorities and private interests for
their guidance, particularly for those projects which are regularly used
by the public for recreational purposes or are located in the vicinity
of actively used airports, air fields, or densely populated areas. News
releases, public notice, and congressional liaison should be used.
Public hearings are encouraged.
(4) In making his investigation, examination, and determination,
consider environmental factors in accordance with the National
Environmental Policy Act of 1969 (NEPA), Pub. L. 91-190--particularly
should he consider the impact that seaplane operations may have on the
safety at the project, aquatic, fish and wildlife, noise levels,
recreation, and air and water quality. Prior to concluding such
investigation and examination, he shall prepare an
[[Page 24]]
environmental impact assessment (EIA) and, if necessary, an
environmental impact statement (EIS) assessing the environmental impacts
of permitting seaplanes to operate at the projects, or portions thereof,
in his district.
(5) Place on Corps maps, brochures and otherwise adequately apprise
the public and interested agencies of projects, or portions thereof,
where seaplane operations are prohibited or restricted. Each map,
brochure, or other notice should clearly indicate that operation of a
seaplane at Corps projects is at the risk of the plane's owner,
operator, and/or passenger(s).
(6) Notify the FAA by letter of projects, or portions thereof, where
seaplane operations are prohibited or restricted. The letter should use
the words ``seaplane operations prohibited,'' or ``seaplane operations
restricted,'' describe the geographical location of such areas as
precisely as possible, describe any restrictions, include a telephone
number for FAA to contact the District, and be sent to: Federal Aviation
Administration, Area Traffic Service, Flight Services Division (AAT-
432), 800 Independence Avenue SW., Washington, DC 20591.
(b) The removal of the present prohibition on seaplane operations
will be effective one year from the date of publication of these
regulations. The District Engineer should complete the examination,
investigation, determination and notification to the FAA of projects, or
portions thereof, where seaplane operations are prohibited or
restricted, within one year from the date of this regulation. The
District Engineer may extend the present prohibition for up to one
additional year if he cannot complete his examination, investigation,
determination, and notification within one year. In such event, he
should notify the FAA by letter and publish other appropriate notices.
Any further extension of time will require the approval of the Chief of
Engineers.
(c) After he has completed his examination, investigation,
determination and notification of the FAA of projects, or portions
thereof where seaplane operations will be prohibited or restricted, The
District Engineer should periodically reevaluate his determination as
additional operational data becomes available. He may modify, delete, or
add projects, or portions thereof, where seaplane operations are
prohibited or restricted. Except where immediate action is required, he
should consult with appropriate public authorities and private interests
for their guidance with regard to such actions. Notification of these
actions shall be forwarded to the FAA as indicated in paragraph (a)(6)
of this section.
Sec. 328.7 Other authorities.
Nothing in the preceding provisions bestows authority to deviate
from rules and regulations or prescribed standards of the State
Aeronautical Agency, Federal Aviation Administration, Coast Guard, or
other appropriate Federal, state, or local authority.
PART 330--REGULATION OF LAW ENFORCEMENT SERVICES CONTRACTS AT CIVIL WORKS WATER RESOURCE PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS--Table of Contents
Sec.
330.1 Purpose.
330.2 Applicability.
330.3 References.
330.4 General.
330.5 Policy.
330.6 Criteria.
330.7 Funding.
330.8 Annual report.
Authority: Sec. 120 of the Water Resource Development Act of 1976,
90 Stat. 2917.
Source: 42 FR 61986, Dec. 8, 1977, unless otherwise noted.
Sec. 330.1 Purpose.
This regulation provides policy and guidance for the establishment
and management of the contract law enforcement program including
preparation of and management of contracts ensuing from this program.
Sec. 330.2 Applicability.
This regulation is applicable to all field operating agencies having
responsibilities for Civil Works water resource development projects.
[[Page 25]]
Sec. 330.3 References.
(a) Section 4 of the Flood Control Act of 1944, as amended (16
U.S.C. 460d).
(b) Section 234 of the River and Harbor and Flood Control Act of
1970 (Pub. L. 91-611, 84 Stat. 1818).
(c) Section 120 of the Water Resource Development Act of 1976 (Pub.
L. 94-587, 90 Stat. 2917).
(d) 36 CFR chapter III.
(e) ER 190-2-3.
(f) ER 190-3-4.
Sec. 330.4 General.
(a) Section 120(a) of reference Sec. 330.3(c) authorizes the
Secretary of the Army, acting through the Chief of Engineers, to
contract with States and their political subdivisions for the purpose of
obtaining increased law enforcement services at water resource
development projects under the jurisdiction of the Secretary of the Army
to meet needs during peak visitation periods.
(b) Further, section 120(b) of the Act authorizes a maximum
appropriation of up to $6,000,000 per fiscal year for the fiscal years
ending 30 September 1978 and 30 September 1979, to carry out section
120(a).
Sec. 330.5 Policy.
(a) It is the policy of the Corps of Engineers to provide, to the
extent of its authorities, a safe and healthful environment for public
use of lands and waters at Civil Works water resource development
projects. To insure this safe and healthful environment, and to augment
the citation authorities granted to the Corps of Engineers by reference
Sec. 330.3(b), District Engineers, subject to the authority of the
Division Engineers, as set out below, are hereby delegated the authority
to contract with States or their political subdivisions to obtain
increased law enforcement services at Civil Works water resource
development projects. Division Engineers are hereby delegated the
authority to approve any minor deviations from this regulation except
that any substantial deviations from the policies expressed within this
regulation will require the prior approval of the Chief of Engineers or
his authorized representative. Any required approval for deviation shall
be made prior to the execution of the contract. When fiscal year 1978
and fiscal year 1979 work allowances are issued, instructions will be
furnished on reporting requirements and the control of expenditures.
(b) Contracts for law enforcement services, as authorized in
Sec. 330.5(a), shall be subject to the terms and conditions as provided
for within this regulation and in accordance with standard contracting
and accounting procedures applicable to the Corps of Engineers.
(c) This regulation is not intended to diminish or otherwise limit
the existing law enforcement responsibilities of the State or local law
enforcement agencies.
(d) Contract law enforcement personnel shall not be given Federal
citation authority for enforcement of regulations contained in title 36
of the Code of Federal Regulations, Chapter III nor shall they be
empowered to enforce such regulations. These regulations shall remain
the responsibility of the Corps of Engineers.
(e) Contracts for increased law enforcement shall be for those
projects or portions of projects that are operated and maintained by the
Corps of Engineers. Law enforcement services will not be provided under
this program to those outgrant areas operated and maintained by a non-
Federal sponsor.
Sec. 330.6 Criteria.
(a) In order to provide reimbursement for law enforcement services
supplied by a State or local law enforcement agency, a contract must be
executed and approved in accordance with this regulation prior to the
provisions of such services.
(b) The authorized contract law enforcement program extends only to
30 September 1979. Law enforcement services acquired by contract under
this program shall be limited to those increased law enforcement
services required to meet the needs of the public during peak visitation
periods. Accordingly, the contract period shall not extend beyond the
dates of 1 April through 30 September inclusive, and in no event shall
the contract be written for more than 120 days within that time period.
The contract may provide for an option to renew for a similar,
additional period not to exceed 120-day
[[Page 26]]
period in Fiscal Year 1979. Any exceptions to this criteria must be
approved by the Chief of Engineers or his authorized representative.
(c) Contracts shall be consummated only with those public law
enforcement agencies legally empowered to enforce State and local
criminal and civil laws within their respective political jurisdictions.
In light of this requirement and the authority cited in Sec. 330.3(c),
it is recognized that sole source negotiations may necessarily be
utilized in the procurement of these services. In negotiating law
enforcement contracts with these agencies the District Engineer must
determine the reasonableness of the price for the law enforcement
services offered under the contract. Such a determination shall be made
prior to execution of the contract, in accordance with the applicable
Contract Cost Principles and Procedures as set out in ASPR, section 15,
part 7, and as subject to the policies contained in this regulation.
Such a determination shall be contained in the official contract file
and must accompany any requests for deviations from the Division
Engineer or Chief of Engineers as provided for in Sec. 330.5(a) of this
regulation. Contract law enforcement personnel must meet all the
qualifications, including minimal law enforcement training, required by
State and local laws and regulations.
(d) The contractor shall provide all personnel, equipment and
supplies which are required to provide the increased law enforcement
services contracted for by the District Engineer. The Corps of Engineers
shall not reimburse the contractor for the purchase of any equipment or
supplies desired by the contractor for use under this program. However,
the Corps of Engineers shall reimburse the contractor for the reasonable
costs incurred by him in the rental or use of such equipment which is
allocated to the work performed by him under the contract. Such use
shall include:
(1) A depreciation or use allowance for such equipment as determined
by the service life evaluation system used by the contractor, and (2)
the costs of necessary maintenance, repair, and upkeep of the property
which neither adds to the permanent value of the property nor
appreciably prolongs its intended life, but keeps it at an efficient
operating condition.
(e) Reimbursement for law enforcement services shall be considered
only for increased law enforcement services to meet needs during peak
visitation periods. Each District Engineer shall evaluate and establish
a normal law enforcement service standard for each contract situation
and include such standard in the plan of operation to be developed in
accordance with Sec. 330.6(h). Each District Engineer shall evaluate the
existing law enforcement services now being provided by State or local
law enforcement agencies at those water resources projects or recreation
areas where it is anticipated that law enforcement service contracts may
be executed, and determine the scope including the type and amount, of
law enforcement service which exceeds the normal law enforcement
standard, and which will become eligible for reimbursement under the
contract. Normally, requests by the District Engineer or his authorized
representative for emergency or unanticipated law enforcement assistance
will be considered nonreimbursable. Increased law enforcement services,
eligible for reimbursement under the terms of the contract, shall be
those regularly scheduled patrols or surveillance in excess of the
normal law enforcement standard presently being provided by the
contractor.
(f) An appropriate orientation program will be given by Corps
personnel to all contract law enforcement personnel assigned to Corps
projects. The purpose of this orientation will be to familiarize the
contract law enforcement personnel with the policies and procedures of
the Corps of Engineers, and to familiarize Corps personnel with the
functions and duties of the State or local law enforcement agency. The
Corps of Engineers shall reimburse the contractor for the cost per man
hour as set out in Sec. 330.6(h)(4) for attending the orientation
program.
(g) The contractor shall be required to keep a record of the
services provided to the District under the terms and conditions of the
contract in accordance with the criteria established
[[Page 27]]
in the plan of operation required in Sec. 330.6(h).
(h) The District Engineer, in cooperation with the Contractor, shall
prepare a Plan of Operation for the Provision of law enforcement
services as an attachment to the contract. The Plan of Operation shall
contain, but not necessarily be limited to, the following information:
(1) Identify, by name and location, the project or projects and
specific areas (recreation and others) that require law enforcement
services.
(2) Describe the normal law enforcement services to be provided by
the Contractor without reimbursement by the Government (see
Sec. 330.6(e)). Identify time of day, number of hours-per-day number of
days-per-week, and the number of patrols.
(3) Describe the increased law enforcement services to be provided
by the Contractor under the contract. Identify the time-of-day, number
of hours-per-day, number of days-per-week, number of patrols, manpower
per patrol, and effective starting and ending dates.
(4) Identify the cost-per-man-hour for the provision of reimbursable
law enforcement services, and identify the costs for utilization and
operation, maintenance and repair of such equipment as allocated for use
under the contract. (See Sec. 330.6(d).)
(5) The District Engineer and the Contractor should designate
specific individuals to issue or receive requests for reimbursable law
enforcement services under the contract.
(6) Describe the billing procedures to be utilized for the increased
law enforcement services. The Contractor shall provide, at a minimum,
the total charges, the number of hours involved, and starting and ending
dates of the billing period.
(7) The Contractor shall prepare a Daily Law Enforcement Log (see
Sec. 330.6(g) for the law enforcement services rendered as specified in
Sec. 330.6(h)(3)). These logs shall be compiled by the Contractor and
submitted to the District Engineer or his designated representative on a
regular basis throughout the life of the contract. It is intended by
this reporting requirement to minimize the paperwork burden on behalf of
the Contractor while, at the same time, providing assurance to the
Government with an adequate information base on which to administer the
law enforcement services being provided under the contract. Any
requirement for additional information to be contained in these reports
due to unique or special circumstances encountered in negotiating a Plan
of Operation with a particular law enforcement jurisdiction must receive
the prior approval of the Division Engineer.
Sec. 330.7 Funding.
(a) Section 330.3(c) sets forth the maximum authorized funds for law
enforcement contracting in FY 1978 and FY 1979. The Division funding
levels for FY 1978 are based on information as previously submitted.
(b) The FY 1979 funding request for law enforcement contracting will
be submitted as part of the FY 1979 budget submittal.
Sec. 330.8 Annual report.
(RCS-DAEN-CWO-53) The Division Engineer will submit a consolidated
annual report to reach HQDA (DAEN-CWO-R) WASH DC 20314 not later than 30
October. This requirement expires 30 October 1979. The report will
contain the following:
(a) Districts reporting.
(b) Number assigned each contract.
(c) Name of projects covered under each contract.
(d) Number of man-hours of increased law enforcement services
provided under each contract.
(e) Total contract cost.
(f) Cost per man-hour for each contract.
(g) Corps of Engineers administrative or overhead costs associated
with each contract.
(h) Number of arrests and type of offense committed, i.e., assault,
burglary, auto theft, etc.
(i) The Division Engineers assessment of the effects of the contract
law enforcement program and recommendation.
[[Page 28]]
PART 331--REGULATIONS GOVERNING THE PROTECTION, USE AND MANAGEMENT OF THE FALLS OF THE OHIO NATIONAL WILDLIFE CONSERVATION AREA, KENTUCKY AND INDIANA--Table of Contents
Sec.
331.1 Applicability and scope.
331.2 Policy.
331.3 Hunting and trapping.
331.4 Fishing.
331.5 Explosives and fireworks.
331.6 Public property.
331.7 Sanitation.
331.8 Picnicking.
331.9 Camping.
331.10 Swimming.
331.11 Special events.
331.12 Vehicles.
331.13 Vessels.
331.14 Aircraft.
331.15 Fires.
331.16 Interference with government employees.
331.17 Minerals.
331.18 Restrictions.
331.19 Commercial activities.
331.20 Advertisement.
331.21 Unauthorized structures.
331.22 Abandonment of personal property.
331.23 Control of animals.
331.24 Permits.
331.25 Violation of regulations.
Authority: Pub. L. 97-137.
Source: 48 FR 40720, Sept. 9, 1983, unless otherwise noted.
Sec. 331.1 Applicability and scope.
(a) The regulations contained in this part apply to those lands and
waters within the established boundary of the Falls of the Ohio National
Wildlife Conservation Area (WCA). Included in this boundary, which was
published in the Federal Register of August 12, 1982, are publicly and
privately owned lands, waters and improvements. The Federal Government,
acting through the Corps of Engineers, will acquire such rights to
privately-owned properties in the WCA as are necessary to carry out the
purposes of title II, Pub. L. 97-137. The regulations prescribed herein
are for the use, management and protection of the resources of the WCA
and all persons entering, using or visiting within the boundaries of the
WCA are subject to these regulations. All other applicable Federal,
State and local laws and regulations remain in full force and effect.
The District Engineer, US Army Corps of Engineers, exercises non-
exclusive jurisdiction over the lands and waters of the WCA and enforces
these regulations.
(b) The WCA boundary encompasses an existing hydroelectric
generating station and the McAlpine Locks and Dam, operating navigation
structures which are part of the authorized Ohio River Navigation
System. The continued operation and maintenance of this system take
precedence over the purposes of the WCA, except that such operation and
maintenance will be consistent with the basic purpose of the WCA as
regards prohibition of hunting, vandalism, and dumping of refuse.
Management of the WCA to achieve its intended purposes will, to the
extent practicable, be accomplished in a manner consistent and
compatible with continued generation of electricity and navigation on
the Ohio River, including operation and maintenance of the McAlpine
Locks and Dam and the Louisville Repair Station and material storage
areas located on Shippingport Island.
Sec. 331.2 Policy.
(a) It is the policy of the Secretary of the Army, acting through
the Chief of Engineers, to manage the natural and cultural resources of
the WCA 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 Engineer
shall include the authorized representatives of the District Engineer.
(c) The WCA shall be available to the public without regard to sex,
race, color, creed or national origin. No lessee, licensee or
concessionaire providing a service to the public shall discriminate
against any person because of sex, race, creed, color, or national
origin in the conduct of the operations under the lease, license, or
concession contract.
Sec. 331.3 Hunting and trapping.
Unless authorized in writing by the District Engineer:
[[Page 29]]
(a) The hunting, trapping, catching, molesting, killing, or having
in possession any wild animal or bird, or taking the eggs of any such
bird, is prohibited.
(b) Possession of equipment (including, but not limited to,
firearms, ammunition, traps, projectile firing devices including bow and
arrow) which could be used for hunting, trapping, or the taking of
wildlife, is prohibited.
Sec. 331.4 Fishing.
Unless otherwise authorized in writing by the District Engineer:
(a) Fishing is only permitted in accordance with the laws and
regulations of the State within whose exterior boundaries that portion
of the WCA is located, and such laws and regulations which are now or
may hereafter be in effect are hereby adopted as part of these
regulations.
(b) Fishing by means of the use of drugs, poisons, explosives, bow
and arrow or electricity is prohibited.
(c) Commercial fishing and fishing with gill nets, trammel nets,
hoop nets, bow and arrow or trot lines is prohibited.
Sec. 331.5 Explosives and fireworks.
Unless otherwise authorized in writing by the District Engineer.
(a) The possession or use of fireworks is prohibited.
(b) The possession or use of explosives is prohibited.
Sec. 331.6 Public property.
Unless otherwise authorized in writing by the District Engineer, the
destruction, injury, defacement, removal, or any alteration of public
property including, but not limited to natural formations,
paleontological features, historical and archaeological features and
vegetative growth is prohibited. Any such destruction, removal, or
alteration of public property shall be in accordance with the conditions
of any permission granted.
Sec. 331.7 Sanitation.
(a) Garbage, trash, rubbish, litter, or any other waste material or
waste liquid generated on the WCA shall be removed from the area or
deposited in receptacles provided for that purpose. The improper
disposal of such wastes within the boundaries of the WCA is prohibited.
(b) The use of refuse containers for the disposal of refuse not
generated on the WCA is prohibited.
(c) It is a violation to bring any material onto the WCA for the
purpose of disposal.
(d) The discharge or placing of sewage, galley waste, garbage,
refuse or pollutants into the WCA waters from any vessel or watercraft
is prohibited.
Sec. 331.8 Picnicking.
(a) Picnicking is permitted only in designated areas.
(b) Picnickers shall remove all personal equipment and clean their
sites upon departure.
Sec. 331.9 Camping.
Camping is not permitted within the WCA.
Sec. 331.10 Swimming.
Swimming is prohibited unless authorized in writing by the District
Engineer.
Sec. 331.11 Special events.
(a) Special events including, but not limited to, water carnivals,
boat regattas, music festivals, dramatic presentations, or other special
recreation programs are prohibited unless written permission has been
granted by the District Engineer.
(b) The public shall not be charged any fee by the sponsor of such
permitted event unless the District Engineer has approved in writing the
proposed schedule of fees. The District Engineer shall have authority to
revoke permission and require removal of any equipment upon failure of
the sponsor to comply with terms and conditions of the permit/
permission. Any violation shall constitute a separate violation for each
calendar day in which it occurs.
Sec. 331.12 Vehicles.
(a) The use of a vehicle off roadways is prohibited except as may be
authorized by the District Engineer.
(b) Vehicles shall not be parked in violation of any posted
restriction, or in such a manner as to endanger any Federal property to
include natural
[[Page 30]]
features. The owner of any vehicle parked in violation of this section
shall be presumed to have parked it, and unless rebutted such
presumption will be sufficient to sustain a conviction as provided for
in Sec. 331.25.
(c) Vehicles shall be operated in accordance with all posted
regulations.
(d) Driving or operating any vehicle in a careless, negligent, or
reckless manner, heedlessly or in willful disregard for the safety of
other persons, or in such manner as to endanger any property or
environmental feature, or without due care or at a speed greater than is
reasonable and prudent under prevailing conditions with regard to
traffic, weather, road, light and surface conditions, is prohibited.
(e) This section pertains to all vehicles, including, but not
limited to, automobiles, trucks, motorcycles, minibikes, trail bikes,
snowmobiles, dune buggies, all terrain vehicles, bicycles, trailers,
campers, or any other such equipment.
(f) Except as authorized by the District Engineer, no person shall
operate any motorized vehicle without a proper and effective exhaust
muffler, 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.
Sec. 331.13 Vessels.
(a) Vessels or other watercraft may be operated in the WCA waters
except in prohibited or restricted areas in accordance with posted
regulations and applicable Federal, State and local laws.
(b) All vessels when not in actual use shall be removed from the WCA
unless securely moored at mooring facilities approved by the District
Engineer. The placing of floating or stationary mooring facilities to,
or interfering with, a buoy, channel marker, or other navigational aid
is prohibited.
(c) The operation of vessels or other watercraft in a careless,
negligent, or reckless manner so as to endanger any property (including
the operator and/or user(s) of the vessel or watercraft) is prohibited.
Sec. 331.14 Aircraft.
(a) The operation of aircraft on WCA lands and waters is prohibited,
unless authorized in writing by the District Engineer.
(b) Except in extreme emergencies threatening human life or serious
property loss, the air delivery of any person or thing by parachute,
helicopter, or other means onto project lands or waters without written
permission of the District Engineer is prohibited.
(c) The provisions of this section shall not be applicable to
aircraft engaged on official business of the Federal Government or used
in emergency rescue in accordance with the directions of the District
Engineer.
Sec. 331.15 Fires.
Open fires are prohibited unless confined to fireplaces, grills, or
other facilities designed for this purpose as designated by the District
Engineer. Fires shall not be left unattended and must be completely
extinguished prior to departure.
Sec. 331.16 Interference with government employees.
Interference with any Government employee in the conduct of his or
her official duties pertaining to the administration of these
regulations is prohibited. It is a violation to fail to comply with a
lawful order directed by any Government employee or to knowingly give
any false, fictitious, or fraudulent report or other information to any
government employee in the performance of his or her official duties
pertaining to the administration of these regulations.
Sec. 331.17 Minerals.
All activities in connection with prospecting, exploration,
development, mining or other removal or the processing of mineral
resources and all uses reasonably incident thereto are prohibited.
Sec. 331.18 Restrictions.
The District Engineer may establish and post a schedule of visiting
hours and/or restrictions on the public use of a portion or portions of
the WCA. The District Engineer may close or restrict
[[Page 31]]
the use of the WCA or portion of the WCA when necessitated by reason of
public health, public safety, security, maintenance, or other reasons in
the public interest. Entering or using the project in a manner which is
contrary to the schedule of visiting hours, closure or restrictions is
prohibited.
Sec. 331.19 Commercial activities.
Unless otherwise authorized in writing by the District Engineer, the
engaging in or solicitation of business or money is prohibited.
Sec. 331.20 Advertisement.
Unless otherwise authorized in writing by the District Engineer,
advertising by the use of billboards, signs, markers, audio devices, or
any other means whatsoever including handbills, circulars, and posters
is prohibited. Vessels or vehicles with semipermanent or permanently
installed signs are exempt if being used for authorized recreational
activities or special events and in compliance with all other rules and
regulations pertaining to vessels and vehicles.
Sec. 331.21 Unauthorized structures.
The construction, placing, or continued existence of any structure
of any kind under, upon, in, or over WCA lands or waters is prohibited
unless a permit, lease, license, or other appropriate written agreement
therefor has been issued by the District Engineer. Structures not so
authorized are subject to summary removal or impoundment by the District
Engineer. The design, construction, placing, existence, or use of
structures in violation of the terms of the permit, lease, license, or
other written agreement therefor is prohibited.
Sec. 331.22 Abandonment of personal property.
(a) Personal property of any kind left unattended upon WCA lands or
waters for a period of 24 hours shall be considered abandoned and may be
impounded and stored at a storage point designated by the District
Engineer who may assess a reasonable impoundment fee. Such fee shall be
paid before the impounded property is returned to its owner.
(b) If abandoned property is not claimed by its owner within 3
months after the date it is received at the storage point designated by
the District Engineer, it may be disposed of by public or private sale
or by other means determined by the District Engineer. Any net proceeds
from the sale of property shall be conveyed unto the Treasury of the
United States as miscellaneous receipts.
Sec. 331.23 Control of animals.
(a) No person shall bring or allow horses, cattle, or other
livestock in the WCA.
(b) No person shall bring dogs, cats, or other pets into the WCA
unless penned, caged, or on a leash under 6 feet in length, or otherwise
under physical restraint at all times. Unclaimed or unattended animals
are subject to immediate impoundment and removal in accordance with
State and local laws.
Sec. 331.24 Permits.
It shall be a violation of these regulations to refuse to or fail to
comply with the terms or conditions of any permit isued by the District
Engineer.
Sec. 331.25 Violation of regulations.
Anyone violating the provisions of this regulation shall be subject
to a fine of not more than $500 or imprisonment for not more than 6
months, or both. All persons designated by the Chief of Engineers, U.S.
Army Corps of Engineers, for that purpose shall have the authority to
issue a citation for the violation of these regulations, requiring the
appearance of any person charged with violation to appear before the
U.S. Magistrate within whose jurisdiction the violation occurred.
PARTS 332--399 [RESERVED]
[[Page 33]]
CHAPTER IV--AMERICAN BATTLE MONUMENTS COMMISSION
--------------------------------------------------------------------
Part Page
400 Employee responsibilities and conduct....... 34
401 Procedures.................................. 35
402 Erection of war memorials in foreign
countries by American citizens, States,
municipalities, or associations......... 36
403 Erection of memorial monuments, buildings,
and headstones in American cemeteries
located outside the United States and
its Territories and possessions......... 36
404 Procedures and guidelines for compliance
with the Freedom of Information Act..... 36
405 Schedule of fees for search and duplication
of records.............................. 40
406 Enforcement of nondiscrimination on the
basis of handicap in programs or
activities conducted by American Battle
Monuments Commission.................... 40
407--499 [Reserved]
[[Page 34]]
PART 400--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
Sec.
400.735-1 Adoption of regulations.
400.735-2 Review of statements of employment and financial interests.
400.735-3 Disciplinary and other remedial action.
400.735-4 Gifts, entertainment, and favors.
400.735-5 Outside employment and other activity.
400.735-6 Specific provisions of agency regulations governing special
Government employees.
400.735-7 Statements of employment and financial interests.
400.735-8 Supplementary statements.
Authority: E.O. 11222, 30 FR 6469, 3 CFR 1965 Supp.; 5 CFR 735.101
et seq.
Source: 33 FR 15379, Oct. 17, 1968, unless otherwise noted.
Sec. 400.735-1 Adoption of regulations.
Pursuant to 5 CFR 735.104(f), the American Battle Monuments
Commission (referred to hereinafter as the agency) hereby adopts the
following sections of part 735 of title 5, Code of Federal Regulations:
Secs. 735.101, 735.102, 735.201a, 735.202 (a), (d), (e), (f), 735.210,
735.302, 735.303(a), 735.304, 735.305(a), 735.403(a), 735.404, 735.405,
735.407--735.411, 735.412 (b) and (d). These adopted sections are
modified and supplemented as set forth in this part.
Sec. 400.735-2 Review of statements of employment and financial interests.
Each statement of employment and financial interests submitted under
this part shall be reviewed by the Officer in Charge, U.S. Office,
except those of the Officer in Charge, U.S. Office, and the Secretary,
American Battle Monuments Commission. The statement of the Officer in
Charge, U.S. Office, shall be reviewed by the Secretary of the American
Battle Monuments Commission. The statement of the Secretary, American
Battle Monuments Commission, shall be reviewed by the Chairman of the
Agency. When a review indicates a conflict between the interests of an
employee or special Government employee of the agency and the
performance of his services for the Government, the reviewer shall have
the indicated conflict brought to the attention of the employee or
special Government employee, grant the employee or special Government
employee an opportunity to explain the indicated conflict, and attempt
to resolve the indicated conflict. If the indicated conflict cannot be
resolved, the reviewer shall forward a written report on the indicated
conflict to the Chairman, American Battle Monuments Commission, through
the counselor for the agency designated under 5 CFR 735.105(a).
Sec. 400.735-3 Disciplinary and other remedial action.
An employee or special Government employee of the agency who
violates any of the regulations in this part or adopted under
Sec. 400.735-1 may be disciplined. The disciplinary action may be in
addition to any penalty prescribed by law for the violation. In addition
to or in lieu of disciplinary action, remedial action to end conflicts
or appearance of conflicts of interest may include but is not limited
to:
(a) Changes in assigned duties;
(b) Divestment by the employee or special Government employee of his
conflicting interest; or
(c) Disqualification for a particular assignment.
Sec. 400.735-4 Gifts, entertainment, and favors.
The agency authorizes the exceptions to 5 CFR 735.202(a) set forth
in 5 CFR 735.202(b) (1)-(4).
Sec. 400.735-5 Outside employment and other activity.
An employee of the agency may engage in outside employment or other
outside activity not incompatible with the full and proper discharge of
the duties and responsibilities of his Government employment. An
employee who engages in outside employment shall report that fact in
writing to his supervisor.
[[Page 35]]
Sec. 400.735-6 Specific provisions of agency regulations governing special Government employees.
(a) Special Government employees of the agency shall adhere to the
standards of conduct applicable to employees as set forth in this part
and adopted under Sec. 400.735-1, except 5 CFR 735.203(b).
(b) Special Government employees of the agency may teach, lecture,
or write in a manner not inconsistent with 5 CFR 735.203(c).
(c) Pursuant to 5 CFR 735.305(b), the agency authorizes the same
exceptions concerning gifts, entertainment, and favors for special
Government employees as are authorized for employees by Sec. 400.735-4.
Sec. 400.735-7 Statements of employment and financial interests.
(a) In addition to the employees required to submit statements of
employment and financial interests under 5 CFR 735.403(a), employees in
the following named positions shall submit statements of employment and
financial interests:
(1) Secretary;
(2) Officer in Charge, U.S. Office;
(3) Officer in Charge, European Office;
(4) Chief Maintenance Division, European Office;
(5) Chief Purchasing and Contracting Branch, European Office;
(6) Officer in Charge, Mediterranean Office;
(7) Superintendent, Manila American Cemetery.
(b) Each statement of employment and financial interests required by
this section shall be submitted to:
American Battle Monuments Commission 2018 Munitions Building,
Washington, DC 20360. Attention: Officer in Charge.
Statements shall be submitted in double sealed envelopes, and the inner
envelope shall be annotated with the words: ``Statement of Employment
and Financial Interests--Attention: Officer in Charge.''
(c) An employee who believes that his position has been improperly
included in this section as one requiring the submission of a statement
of employment and financial interests may obtain a review of his
complaint under the agency's grievance procedure.
Sec. 400.735-8 Supplementary statements.
Notwithstanding the filing of the annual supplementary statement
required by 5 CFR 735.406, each employee shall at all times avoid
acquiring a financial interest that could result, or taking an action
that would result, in a violation of the conflicts-of-interest
provisions of section 208 of title 18 U.S.C. or the regulations in this
part or adopted under Sec. 400.735-1.
PART 401--PROCEDURES--Table of Contents
Authority: Sec. 3, 70 Stat. 640, 641; 5 U.S.C. 132 note, 36 U.S.C.
123-125; E.O. 6614, E.O. 9704, 11 FR 2675, 3 CFR 1949-53 Comp., p. 519,
E.O. 10057, 10087, 14 FR 2585, 7287, 3 CFR 1949-1953 Comp., pp. 269,
285.
Sec. 401.1 Erection of war memorials outside continental limits of United States.
Federal Government agencies, American citizens, States,
municipalities, or associations desiring to erect war memorials outside
the continental limits of the United States should proceed as follows:
(a) Submit general idea of the memorial to the American Battle
Monuments Commission, with a request for the tentative allocation of the
site desired.
(b) When site is provisionally allocated, prepare and submit the
design of the memorial, together with the inscription, for approval. The
design of the memorial will then be referred, in accordance with law, by
the Commission to the National Commission of Fine Arts for its approval.
(c) After a site is allocated and the design and inscription are
approved, the American Battle Monuments Commission will, if the sponsors
so desire, consult with the foreign government concerning the question
of securing approval for the erection of the memorial.
(d) When the approval of the foreign government is obtained, the
Commission will cooperate, if the sponsors so desire, in obtaining the
ground and erection of the memorial. Such cooperation may include
construction of
[[Page 36]]
the memorial by the Commission, using funds provided by the sponsors, in
which case user charges will be made in accordance with general
Government policy.
[35 FR 19666, Dec. 29, 1970]
PART 402--ERECTION OF WAR MEMORIALS IN FOREIGN COUNTRIES BY AMERICAN CITIZENS, STATES, MUNICIPALITIES, OR ASSOCIATIONS--Table of Contents
Authority: Sec. 3, 70 Stat. 640, 641; 5 U.S.C. 132 note, 36 U.S.C.
123, 125; E.O. 6614, E.O. 9704, 11 FR 2675, 3 CFR 1943-1948 Comp., p.
519, E.O. 10057, 10087, 14 FR 2585, 7287, 3 CFR, 1949-1953 Comp., pp.
269, 285.
Sec. 402.1 Restrictions on erection.
(a) No administrative agency of the United States shall give
assistance to American citizens, States, municipalities, or associations
in erecting any war memorial outside the continental United States
unless the plan has been approved in accordance with Sec. 401.1 above.
(b) It is the opinion of the Commission that no battlefield memorial
should be erected to any unit smaller than a division or comparable unit
or to an individual, unless the services of such unit or individual
clearly were of such distinguished character as to warrant a separate
memorial.
(c) It is the opinion of the Commission that, as a general rule,
memorials should be erected to organizations rather than to troops from
a particular locality of the United States.
(d) The policy of the Commission is to approve plans for memorials
in foreign countries only in cases in which the sponsors make adequate
and permanent arrangements for their maintenance. If the sponsors so
desire, the Commission will maintain such memorials, including those
previously existing which it deems worthy of preservation, using funds
provided by the sponsors; in such cases it will make user charges in
accordance with general Government policy.
[35 FR 19666, Dec. 29, 1970]
PART 403--ERECTION OF MEMORIAL MONUMENTS, BUILDINGS, AND HEADSTONES IN AMERICAN CEMETERIES LOCATED OUTSIDE THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS--Table of Contents
Authority: Sec. 3, 70 Stat. 641; 36 U.S.C. 123; E.O. 6614, Feb. 26,
1934; E.O. 9704, 3 CFR, 1943-1948 Comp., 519; E.O. 10057, 10087, 3 CFR
1949-1953 Comp., pp. 269, 285.
Sec. 403.1 Restrictions on erection.
(a) No memorial monuments or buildings shall be placed in these
cemeteries unless the design and site have been approved by the American
Battle Monuments Commission. No steps toward the erection of any
memorial monument or building in these cemeteries should be taken until
the idea has first been approved by the American Battle Monuments
Commission.
(b) There shall be no variation in the types of headstones
officially adopted for use in American cemeteries located outside the
United States and its Territories and possessions.
[13 FR 6812, Nov. 19, 1948, as amended at 23 FR 9780, Dec. 19, 1958]
PART 404--PROCEDURES AND GUIDELINES FOR COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT--Table of Contents
Sec.
404.1 Purpose.
404.2 General policy.
404.3 Response to requests.
404.4 Denial of access.
404.5 Appeals.
404.6 Fees to be charged.
404.7 Assessment and collection of fees.
404.8 Categories of requesters.
404.9 Waiver of fees.
404.10 Maintenance of statistics.
Authority: 5 U.S.C. 552.
Source: 53 FR 120, Jan. 5, 1988, unless otherwise noted.
Sec. 404.1 Purpose.
These guidelines prescribe procedures to obtain information and
records of the American Battle Monuments Commission under the Freedom of
Information Act of 1986, 5 U.S.C. 552(a)(4)(A)(i). This act requires
each agency to promulgate regulations that specify the
[[Page 37]]
schedule of fees for processing FOIA requests and the guidelines when
fees may be waived. It applies only to records and information of the
Commission which are in the Commission's custody.
Sec. 404.2 General policy.
Public requests for information from the records of the American
Battle Monuments Commission should be sent to the Freedom of Information
Representative, American Battle Monuments Commission, Room 5127, Casimir
Pulaski Building, 20 Massachusetts Ave., NW., Washington, DC 20314. They
may also be sent to its field offices at the addresses listed below:
(a) Officer-in-Charge, European Office, American Battle Monuments
Commission, APO New York 09777.
(b) Officer-in-Charge, Mediterranean Office, American Battle
Monuments Commission, APO New York 09794.
(c) Superintendent, Manila American Cemetery, FPO San Francisco
96528.
(d) Superintendent, Corozal American Cemetery, The American Battle
Monuments Commission, Attn: AFZU-AG-CRB, Drawer #38, APO Miami, FL
34004-5000.
(e) Superintendent, Mexico City National Cemetery, American Battle
Monuments Commission, c/o U.S. Embassy, Mexico, P.O. Box 3087, Laredo,
TX 78044-3087.
Sec. 404.3 Response to requests.
(a) Except for records and information exempted from disclosure by 5
U.S.C. 552(a)(1), all records of the Commission or in its custody are
available to any person who requests them.
(b) Requests for information from the public will be honored within
ten working days unless the confidentiality of such information is
protected by law, or when it is necessary to search and/or collect
records in separate offices or another office of the Commission, which
would usually require more than ten working days.
(c) Whenever information cannot be dispatched within ten work days
after receipt of request, an interim reply will be sent informing the
requester of the status of the request.
(d) The records of the ABMC may be examined and copied between the
hours of 8:00 a.m. and 3:30 p.m., Monday through Friday under the
supervision of the Freedom of Information representative.
Sec. 404.4 Denial of access.
(a) Letters denying confidential information will be dispatched
within ten working days of receipt of the request and will be signed by
one of the below listed personnel:
(1) Officer-in-Charge, ABMC European Office.
(2) Officer-in-Charge, ABMC Mediterranean Office.
(3) Directors, ABMC Washington Office.
(4) Secretary, ABMC.
(b) Letters denying access to information will:
(1) Provide the requester with the reason for denial,
(2) Inform the requester of his or her right to appeal the denial
within 30 days,
(3) Give the name of the official to whom the appeal may be sent.
(c) If an unusual circumstance delays a decision concerning access
to information, the requester will be informed of the delay within ten
working days of the request's initial receipt. In no case will the
decision be delayed more than 20 working days from initial receipt of
the request.
(d) A copy of each denial of information will be furnished to the
Secretary, ABMC at the time of its dispatch.
Sec. 404.5 Appeals.
(a) The Secretary is the appellate authority for all denials except
those which he authors. The Chairman is the appellate authority for
denials authored by the Secretary.
(b) The requester will be informed of the decision on his or her
appeal within 20 working days after its receipt. If the denial is
upheld, the requester will be advised that there are provisions for
judicial review of such decisions under the Freedom of Information Act.
(c) In the event a court finds that the American Battle Monuments
Commission has arbitrarily and capriciously withheld information from
the public and a subsequent Office of Personnel
[[Page 38]]
Management investigation finds agency personnel responsible, these
personnel will be subject to disciplinary action by the American Battle
Monuments Commission.
Sec. 404.6 Fees to be charged.
While most information will be furnished promptly at no cost as a
service to the general public, fees will be charged if the cost of
search and duplication warrants. In those instances where ABMC deems it
necessary to charge a fee, ABMC shall use the most efficient and least
costly methods to comply with requests for documents, drawings,
photographs, and any other materials made available under the FOIA. The
Freedom of Information Representative shall charge the fees stated in
paragraphs (a) through (g) of this section. The Freedom of Information
Representative shall, however, waive the fees in the circumstances
stated in Sec. 404.9. The specific fees which ABMC shall charge the
requester when so required by the FOIA are as follows:
(a) Manual searches of records. $9.00 per hour for clerical
personnel; $15.00 per hour for supervisory personnel.
(b) Computer searches for records. Fees for searches of computerized
records shall be the actual cost to the Commission but shall not exceed
$12.00 per hour. This fee includes machine time and that of the operator
and clerical personnel. The fee for computer printouts shall be $.40 per
page. The word ``page'' refers to paper copies of standard computer
size, which normally are 11 x 15 inches.
(c) Copying fee. The machine copy fee for each page up to 8\1/2\ x
14 shall be $.25 per page. Copying fees shall not be charged for the
first 100 pages of copies unless the copies are requested for commercial
purposes.
(d) $2.00 for each 8 x 10 inch black and white photograph.
(e) $3.00 for each 8 x 10 inch color photograph.
(f) $1.75 per cemetery booklet.
(g) $1.50 per lithograph.
Sec. 404.7 Assessment and collection of fees.
(a) Assessment of fees. (1) ABMC shall assess interest charges on an
unpaid bill starting on the 31st day following the day on which the
billing was dispatched. Once the fee has been received by ABMC, even if
not processed, accrual of interest will cease. Interest will be at the
rate prescribed in section 3717 of title 31 U.S.C. and will accrue from
the date billing is sent.
(2) Charges for unsuccessful searches. If ABMC estimates that
charges for an unsuccessful search may exceed $10.00, it shall so inform
the requester unless the requester has indicated in advance a
willingness to pay fees as high as those anticipated. Such notice shall
offer the requester the opportunity to confer with agency personnel with
the object of reformulating the request to meet the requester's needs at
a lower cost. Dispatch of such a notice shall temporarily suspend the
ten day period for response by ABMC until a reply is received from the
requester.
(3) Aggregating requests. Except for requests that are for a
commercial use, ABMC shall not charge for the first two hours of search
time or for the first 100 pages of reproduction. However, a requester
may not file multiple requests at the same time, each seeking portions
of a document or documents, solely in order to avoid payment of fees.
When ABMC believes that a group of requesters are acting in concert and
attempting to divide a request into a series of requests for the purpose
of evading the assessment of fees, ABMC shall aggregate any such
requests and charge accordingly. One element to be considered is the
time period in which the requests have been made. Before aggregating
requests from more than one requester, ABMC must be reasonably certain
that the requesters are acting specifically to avoid payment of fees. In
no case shall ABMC aggregate multiple requests on unrelated subjects
from one requester.
(4) Advance payments. ABMC shall not require payment for fees before
work has commenced or continued on a request unless:
(i) ABMC estimates that the charges may exceed $25.00. In such an
event, ABMC shall notify the requester of the estimated cost and may
require an advance payment of an amount up to the full amount of
estimated charges; or
(ii) A requester has previously failed to pay a fee within 30 days
of the date
[[Page 39]]
of billing. In this event, ABMC shall require the requester to pay the
full amount owed plus any applicable interest and make an advance
payment of the full amount of the estimated fee before ABMC begins to
process a new request or a pending request from that requester.
(iii) When ABMC acts under paragraph (a)(4)(i) or (ii) of this
section, the administrative time limits prescribed in Sec. 404.3 will
begin only after ABMC has received fee payments described above.
(5) Form of payment. Remittances shall be in the form of a personal
check or bank draft drawn on any bank in the United States, a postal
money order, or cash. Remittances shall be made payable to the American
Battle Monuments Commission.
(6) ABMC will not defray cost sending records by special methods
such as express mail or for transportation of personnel.
(b) Restrictions on assessing fees. With the exception of requesters
seeking documents for commercial use, section (a)(4)(A)(iv) of the
Freedom of Information Act, as amended, requires ABMC to provide the
first 100 pages of duplication and the first two hours of search time
without charge. ABMC shall not charge fees to any requester, including
commercial use requesters, if the cost of collecting a fee would be
equal to or greater than the fee itself. ABMC will not begin to assess
fees until it has first provided the free search and reproduction
authorized.
Sec. 404.8 Categories of requesters.
There are four categories of FOIA requesters: Commercial;
educational and noncommerical scientific institutions; representatives
of the news media; and all others. The fees to be charges each of these
categories of requesters are as follows:
(a) Commerical. When ABMC receives a request for documents for
commerical use, it shall assess charges that recover the full direct
costs of searching for, reviewing for release, and duplicating the
records sought. Commercial requesters are not entitled to two hours of
free search time or 100 free pages of reproduction. ABMC shall recover
the cost of searching for the records even if ultimately there is no
disclosure of records. Requesters must provide a reasonable description
of the records sought.
(b) Educational and non-commerical scientific institutions. ABMC
shall provide documents to educational and non-commercial scientific
institutions for the cost of reproduction alone, except there will be no
charge for the first 100 pages of duplication. To be eligible for
inclusion in this category, requesters must show that the request is
authorized by and under the auspices of a qualifying institution and
that the records are not being sought for a commercial use, but are
sought in furtherance of scholarly (if the request is from an
educational institution) or scientific (if the request is from a non-
commercial scientific institution) research. Requesters must provide a
reasonable description of the records being sought;
(c) Representatives of the news media. ABMC shall provide documents
to requesters who are representatives of the news media for the cost of
reproduction alone, except there will be no charge for the first 100
pages. A request for records supporting the news-dissemination function
of the requester shall not be considered commerical use. Requesters must
provide a reasonable description of the records sought;
(d) All other requesters. ABMC shall charge requesters who do not
fit into any of the above categories fees that recover the full
reasonable costs of direct search and reproduction records responsive to
the request, except that the first 100 pages of reproduction and the
first two hours of search time shall be furnished without charge.
Requesters must provide reasonable description of the records sought.
Sec. 404.9 Waiver of fees.
The Freedom of Information Representative shall waive all fees
assessed under 404, if the following two conditions are satisfied:
Disclosure of the information is in the public interest as it is likely
to contribute significantly to public understanding of the operations or
activities of the government; and disclosure is not primarily in the
commercial interest of the requester. The Freedom of Information
[[Page 40]]
Representative shall afford the requester the opportunity to show that
he satisfies these two conditions. Under the above standards should ABMC
refuse to waive a request for information and the requester petition for
a waiver, the senior Freedom of Information Representative will make the
determination.
Sec. 404.10 Maintenance of statistics.
(a) The Freedom of Information Representative shall maintain record
of:
(1) The total amount of fees collected by ABMC under this part;
(2) The number of denials of requests for records or information
made under this part and the reason for each;
(3) The number of appeals from such denials, together with the
results of such appeals, and the reasons for the action upon each appeal
that results in a denial of information or documents;
(4) The name and title or position of each person responsible for
each denial of records and the number of instances of each;
(5) The results of each proceeding conducted under 5 U.S.C.
552(a)(4)(F), including a report of the disciplinary action against the
official or employee primarily responsible for improperly withholding
records, or an explanation of why disciplinary action was not taken;
(6) A copy of every rule made by this agency affecting or
implementing 5 U.S.C. 552;
(7) A copy of the fee schedule for copies of records and documents
requested under this part; and
(8) All other information that indicates efforts to administer fully
the letter and spirit of the Freedom of Information Act and the above
rules.
(b) The Freedom of Information Act Representative shall annually,
within 60 days following the close of each calendar year, prepare a
report covering each of the categories of records to be maintained in
accordance with the foregoing and submit the same to the Speaker of the
House of Representatives and the President of the Senate for referral to
the appropriate committees of the Congress.
PART 405--SCHEDULE OF FEES FOR SEARCH AND DUPLICATION OF RECORDS--Table of Contents
Sec.
405.1 General.
405.2 Schedule.
Authority: 5 U.S.C. 552, as amended.
Sec. 405.1 General.
(a) While most information will be furnished promptly at no cost as
a service to the general public, fees will be charged if the cost of
search and duplication warrants.
(b) When a fee is to be charged, the individual requesting the
information will be informed of the fee, and no work will be performed
until he or she has agreed to pay it.
[40 FR 7304, Feb. 19, 1975]
Sec. 405.2 Schedule.
Fees which may be charged by this Commission for search and
duplication of records are as follows:
(a) Duplication fees: (1) $2.00 for first 6 pages, 5 cents per page
thereafter for photocopying.
(2) $1.50 per 8 x 10 inch black and white print of photographs.
(3) $2.50 per 8 x 10 inch color print of photographs.
(b) Search fees: (1) $8.00 per hour to search records for specific
documents.
(2) $215.00 for selective extracts from Commission computer tapes.
(3) Transportation costs of personnel and records arising from
searches for requested information.
[40 FR 7304, Feb. 19, 1975]
PART 406--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY AMERICAN BATTLE MONUMENTS COMMISSION--Table of Contents
Sec.
406.101 Purpose.
406.102 Application.
406.103 Definitions.
406.104--406.109 [Reserved]
406.110 Self-evaluation.
406.111 Notice.
406.112--406.129 [Reserved]
[[Page 41]]
406.130 General prohibitions against discrimination.
406.131--406.139 [Reserved]
406.140 Employment.
406.141--406.148 [Reserved]
406.149 Program accessibility: Discrimination prohibited.
406.150 Program accessibility: Existing facilities.
406.151 Program accessibility: New construction and alterations.
406.152--406.159 [Reserved]
406.160 Communications.
406.161--406.169 [Reserved]
406.170 Compliance procedures.
406.171--406.999 [Reserved]
Authority: 29 U.S.C. 794.
Source: 51 FR 4577, Feb. 5, 1986, unless otherwise noted.
Sec. 406.101 Purpose.
This part effectuates section 119 of the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Amendments of
1978, which amended section 504 of the Rehabilitation Act of 1973 to
prohibit discrimination on the basis of handicap in programs or
activities conducted by Executive agencies or the United States Postal
Service.
Sec. 406.102 Application.
This part applies to all programs or activities conducted by the
agency.
Sec. 406.103 Definitions.
For purposes of this part, the term--
Assistant Attorney General means the Assistant Attorney General,
Civil Rights Division, United States Department of Justice.
Auxiliary aids means services or devices that enable persons with
impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in, and enjoy the benefits of, programs or
activities conducted by the agency. For example, auxiliary aids useful
for persons with impaired vision include readers, Brailled materials,
audio recordings, telecommunications devices and other similar services
and devices. Auxiliary aids useful for persons with impaired hearing
include telephone handset amplifiers, telephones compatible with hearing
aids, telecommunication devices for deaf persons (TDD's), interpreters,
notetakers, written materials, and other similar services and devices.
Complete complaint means a written statement that contains the
complainant's name and address and describes the agency's alleged
discriminatory action in sufficient detail to inform the agency of the
nature and date of the alleged violation of section 504. It shall be
signed by the complainant or by someone authorized to do so on his or
her behalf. Complaints filed on behalf of classes or third parties shall
describe or identify (by name, if possible) the alleged victims of
discrimination.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
Handicapped person means any person who has a physical or mental
impairment that substantially limits one or more major life activities,
has a record of such an impairment, or is regarded as having such an
impairment.
As used in this definition, the phrase:
(1) Physical or mental impairment includes--
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one of more of the following body systems:
Neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term physical or mental impairment
includes, but is not limited to, such diseases and conditions as
orthopedic, visual, speech, and hearing impairments, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, and drug addition and
alcholism.
(2) Major life activities includes functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or
[[Page 42]]
physical impairment that substantially limits one or more major life
activities.
(4) Is regarded as having an impairment means--
(i) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the agency as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in subparagraph (1) of
this definition but is treated by the agency as having such an
impairment.
Qualified handicapped person means--
(1) With respect to any agency program or activity under which a
person is required to perform services or to achieve a level of
accomplishment, a handicapped person who meets the essential eligibility
requirements and who can achieve the purpose of the program or activity
without modifications in the program or activity that the agency can
demonstrate would result in a fundamental alteration in its nature; or
(2) With respect to any other program or activity, a handicapped
person who meets the essential eligibility requirements for
participation in, or receipt of benefits from, that program or activity.
(3) Qualified handicapped person is defined for purposes of
employment in 29 CFR 1613.702(f), which is made applicable to this part
by Sec. 406.140.
Section 504 means section 504 of the Rehabilitation Act of 1973
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617),
and the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used
in this part, section 504 applies only to programs or activities
conducted by Executive agencies and not to federally assisted programs.
[51 FR 4577, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]
Secs. 406.104--406.109 [Reserved]
Sec. 406.110 Self-evaluation.
(a) The agency shall, by April 9, 1987, evaluate its current
policies and practices, and the effects thereof, that do not or may not
meet the requirements of this part, and, to the extent modification of
any such policies and practices is required, the agency shall proceed to
make the necessary modifications.
(b) The agency shall provide an opportunity to interested persons,
including handicapped persons or organizations representing handicapped
persons, to participate in the self-evaluation process by submitting
comments (both oral and written).
(c) The agency shall, until three years following the completion of
the self-evaluation, maintain on file and make available for public
inspections:
(1) A description of areas examined and any problems identified, and
(2) A description of any modifications made.
Sec. 406.111 Notice.
The agency shall make available to employees, applicants,
participants, beneficiaries, and other interested persons such
information regarding the provisions of this part and its applicability
to the programs or activities conducted by the agency, and make such
information available to them in such manner as the head of the agency
finds necessary to apprise such persons of the protections against
discrimination assured them by section 504 and this regulation.
Secs. 406.112--406.129 [Reserved]
Sec. 406.130 General prohibitions against discrimination.
(a) No qualified handicapped person shall, on the basis of handicap,
be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity
conducted by the agency.
(b)(1) The agency, in providing any aid, benefit, or service, may
not, directly or through contractual, licensing, or other arrangements,
on the basis of handicap--
[[Page 43]]
(i) Deny a qualified handicapped person the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Afford a qualfied handicapped person an opportunity to
participate in or benefit from the aid, benefit, or service that is not
equal to that afforded others;
(iii) Provide a qualified handicapped person with an aid, benefit,
or service that is not as effective in affording equal opportunity to
obtain the same result, to gain the same benefit, or to reach the same
level of achievement as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
handicapped persons or to any class of handicapped persons than is
provided to others unless such action is necessary to provide qualified
handicapped persons with aid, benefits, or services that are as
effective as those provided to others;
(v) Deny a qualified handicapped person the opportunity to
participate as a member of planning or advisory boards; or
(vi) Otherwise limit a qualified handicapped person in the enjoyment
of any right, privilege, advantage, or opportunity enjoyed by others
receiving the aid, benefit, or service.
(2) The agency may not deny a qualified handicapped person the
opportunity to participate in programs or activities that are not
separate or different, despite the existence of permissibly separate or
different programs or activities.
(3) The agency may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration the purpose
or effect of which would--
(i) Subject qualified handicapped persons to discrimination on the
basis of handicap; or
(ii) Defeat or substantially impair accomplishment of the objectives
of a program or activity with respect to handicapped persons.
(4) The agency may not, in determining the site or location of a
facility, make selections the purpose or effect of which would--
(i) Exclude handicapped persons from, deny them the benefits of, or
otherwise subject them to discrimination under any program or activity
conducted by the agency; or
(ii) Defeat or substantially impair the accomplishment of the
objectives of a program or activity with respect to handicapped persons.
(5) The agency, in the selection of procurement contractors, may not
use criteria that subject qualified handicapped persons to
discrimination on the basis of handicap.
(c) The exclusion of nonhandicapped persons from the benefits of a
program limited by Federal statute or Executive order to handicapped
persons or the exclusion of a specific class of handicapped persons from
a program limited by Federal statute or Executive order to a different
class of handicapped persons is not prohibited by this part.
(d) The agency shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified handicapped
persons.
Secs. 406.131--406.139 [Reserved]
Sec. 406.140 Employment.
No qualified handicapped person shall, on the basis of handicap, be
subjected to discrimination in employment under any program or activity
conducted by the agency. The definitions, requirements, and procedures
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as
established by the Equal Employment Opportunity Commission in 29 CFR
part 1613, shall apply to employment in federally conducted programs or
activities.
Secs. 406.141--406.148 [Reserved]
Sec. 406.149 Program accessibility: Discrimination prohibited.
Except as otherwise provided in Sec. 406.150, no qualified
handicapped person shall, because the agency's facilities are
inaccessible to or unusable by handicapped persons, be denied the
benefits of, be excluded from participation in, or otherwise be
subjected to discrimination under any program or activity conducted by
the agency.
Sec. 406.150 Program accessibility: Existing facilities.
(a) General. The agency shall operate each program or activity so
that the
[[Page 44]]
program or activity, when viewed in its entirety, is readily accessible
to and usable by handicapped persons. This paragraph does not--
(1) Necessarily require the agency to make each of its existing
facilities accessible to and usable by handicapped persons; or
(2) Require the agency to take any action that it can demonstrate
would result in a fundamental alteration in the nature of a program or
activity or in undue financial and administrative burdens. In those
circumstances where agency personnel believe that the proposed action
would fundamentally alter the program or activity or would result in
undue financial and administrative burdens, the agency has the burden of
proving that compliance with Sec. 406.150(a) would result in such
alteration or burdens. The decision that compliance would result in such
alteration or burdens must be made by the agency head or his or her
designee after considering all agency resources available for use in the
funding and operation of the conducted program or activity, and must be
accompanied by a written statement of the reasons for reaching that
conclusion. If an action would result in such an alteration or such
burdens, the agency shall take any other action that would not result in
such an alteration or such burdens but would nevertheless ensure that
handicapped persons receive the benefits and services of the program or
activity.
(b) Methods. The agency may comply with the requirements of this
section through such means as redesign of equipment, reassignment of
services to accessible buildings, assignment of aides to beneficiaries,
home visits, delivery of services at alternate accessible sites,
alteration of existing facilities and construction of new facilities,
use of accessible rolling stock, or any other methods that result in
making its programs or activities readily accessible to and usable by
handicapped persons. The agency is nor required to make structural
changes in existing facilities where other methods are effective in
achieving compliance with this section. The agency, in making
alterations to existing buildings, shall meet accessibility requirements
to the extent compelled by the Architectural Barriers Act of 1968, as
amended (42 U.S.C. 4151-4157), and any regulations implementing it. In
choosing among available methods for meeting the requirements of this
section, the agency shall give priority to those methods that offer
programs and activities to qualified handicapped persons in the most
integrated setting appropriate.
(c) Time period for compliance. The agency shall comply with the
obligations established under this section by June 6, 1986, except that
where structural changes in facilities are undertaken, such changes
shall be made by April 7, 1989, but in any event as expeditiously as
possible.
(d) Transition plan. In the event that structural changes to
facilities will be undertaken to achieve program accessibility, the
agency shall develop, by October 7, 1986, a transition plan setting
forth the steps necessary to complete such changes. The agency shall
provide an opportunity to interested persons, including handicapped
persons or organizations representing handicapped persons, to
participate in the development of the transition plan by submitting
comments (both oral and written). A copy of the transition plan shall be
made available for public inspection. The plan shall, at a minimum--
(1) Identify physical obstacles in the agency's facilities that
limit the accessibility of its programs or activities to handicapped
persons;
(2) Describe in detail the methods that will be used to make the
facilities accessible;
(3) Specify the schedule for taking the steps necessary to achieve
compliance with this section and, if the time period of the transition
plan is longer than one year, identify steps that will be taken during
each year of the transition period; and
(4) Indicate the official responsible for implementation of the
plan.
[51 FR 4577, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]
Sec. 406.151 Program accessibility: New construction and alterations.
Each building or part of a building that is constructed or altered
by, on behalf of, or for the use of the agency
[[Page 45]]
shall be designed, constructed, or altered so as to be readily
accessible to and usable by handicapped persons. The definitions,
requirements, and standards of the Architectural Barriers Act (42 U.S.C.
4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to
buildings covered by this section.
Secs. 406.152--406.159 [Reserved]
Sec. 406.160 Communications.
(a) The agency shall take appropriate steps to ensure effective
communication with applicants, participants, personnel of other Federal
entities, and members of the public.
(1) The agency shall furnish appropriate auxiliary aids where
necessary to afford a handicapped person an equal opportunity to
participate in, and enjoy the benefits of, a program or activity
conducted by the agency.
(i) In determining what type of auxiliary aid is necessary, the
agency shall give primary consideration to the requests of the
handicapped person.
(ii) The agency need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature.
(2) Where the agency communicates with applicants and beneficiaries
by telephone, telecommunication devices for deaf persons (TDD's) or
equally effective telecommunication systems shall be used.
(b) The agency shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(c) The agency shall provide signage at a primary entrance to each
of its inaccessible facilities, directing users to a location at which
they can obtain information about accessible facilities. The
international symbol for accessibility shall be used at each primary
entrance of an accessible facility.
(d) This section does not require the agency to take any action that
it can demonstrate would result in a fundamental alteration in the
nature of a program or activity or in undue financial and administrative
burdens. In those circumstances where agency personnel believe that the
proposed action would fundamentally alter the program or activity or
would result in undue financial and administrative burdens, the agency
has the burden of proving that compliance with Sec. 406.160 would result
in such alteration or burdens. The decision that compliance would result
in such alteration or burdens must be made by the agency head or his or
her designee after considering all agency resources available for use in
the funding and operation of the conducted program or activity, and must
be accompanied by a written statement of the reasons for reaching that
conclusion. If an action required to comply with this section would
result in such an alteration or such burdens, the agency shall take any
other action that would not result in such an alteration or such burdens
but would nevertheless ensure that, to the maximum extent possible,
handicapped persons receive the benefits and services of the program or
activity.
Secs. 406.161--406.169 [Reserved]
Sec. 406.170 Compliance procedures.
(a) Except as provided in paragraph (b) of this section, this
section applies to all allegations of discrimination on the basis of
handicap in programs or activities conducted by the agency.
(b) The agency shall process complaints alleging violations of
section 504 with respect to employment according to the procedures
established by the Equal Employment Opportunity Commission in 29 CFR
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791).
(c) The Director, Personnel and Administration shall be responsible
for coordinating implementation of this section. Complaints may be sent
to the Director, Personnel and Administration, American Battle Monuments
Commission, Room 5127, Pulaski Building, 20 Massachusetts Ave., NW.,
Washington, DC 20314.
(d) The agency shall accept and investigate all complete complaints
for which it has jurisdiction. All complete complaints must be filed
within 180 days of the alleged act of discrimination. The agency may
extend this time period for good cause.
[[Page 46]]
(e) If the agency receives a complaint over which it does not have
jurisdiction, it shall promptly notify the complainant and shall make
reasonable efforts to refer the complaint to the appropriate government
entity.
(f) The agency shall notify the Architectural and Transportation
Barriers Compliance Board upon receipt of any complaint alleging that a
building or facility that is subject to the Architectural Barriers Act
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily
accessible to and usable by handicapped persons.
(g) Within 180 days of the receipt of a complete complaint for which
it has jurisdiction, the agency shall notify the complainant of the
results of the investigation in a letter containing--
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found;
(3) A notice of the right to appeal.
(h) Appeals of the findings of fact and conclusions of law or
remedies must be filed by the complainant within 90 days of receipt from
the agency of the letter required by Sec. 406.170(g). The agency may
extend this time for good cause.
(i) Timely appeals shall be accepted and processed by the head of
the agency.
(j) The head of the agency shall notify the complainant of the
results of the appeal within 60 days of the receipt of the request. If
the head of the agency determines that additional information is needed
from the complainant, he or she shall have 60 days from the date of
receipt of the additional information to make his or her determination
on the appeal.
(k) The time limits cited in paragraphs (g) and (j) of this section
may be extended with the permission of the Assistant Attorney General.
(l) The agency may delegate its authority for conducting complaint
investigations to other Federal agencies, except that the authority for
making the final determination may not be delegated to another agency.
[51 FR 4577, Feb. 5, 1986, as amended at 51 FR 4577, Feb. 5, 1986]
Secs. 406.171--406.999 [Reserved]
PARTS 407--499 [RESERVED]
[[Page 47]]
CHAPTER V--SMITHSONIAN INSTITUTION
--------------------------------------------------------------------
Part Page
504 Rules and regulations governing Smithsonian
Institution buildings and grounds....... 48
520 Rules and regulations governing the
buildings and grounds of the National
Zoological Park of the Smithsonian
Institution............................. 50
530 Claims against the Smithsonian Institution
including the National Gallery of Art,
the John F. Kennedy Center for the
Performing Arts and the Woodrow Wilson
International Center for Scholars....... 52
531-599 [Reserved]
[[Page 48]]
PART 504--RULES AND REGULATIONS GOVERNING SMITHSONIAN INSTITUTION BUILDINGS AND GROUNDS--Table of Contents
Sec.
504.1 General.
504.2 Recording presence.
504.3 Preservation of property.
504.4 Conformity with signs and emergency directions.
504.5 Nuisances.
504.6 Gambling.
504.7 Intoxicating beverages and narcotics.
504.8 Soliciting, vending, debt collection, and distribution of
handbills.
504.9 Placards, signs, banners and flags.
504.10 Dogs and other animals.
504.11 Photographs for news, advertising, or commercial purposes.
504.12 Items to be checked.
504.13 Vehicular and pedestrian traffic.
504.14 Weapons and explosives.
504.15 Nondiscrimination.
504.16 Penalties.
Authority: Secs. 1-9, 65 Stat. 634, as amended, secs. 1-4, 78 Stat.
365; 40 U.S.C. 193n-193w.
Source: 33 FR 6656, May 1, 1968, unless otherwise noted.
Sec. 504.1 General.
These rules and regulations apply to all buildings and grounds of
the Smithsonian Institution, as defined in section 3, 78 Stat. 366; 40
U.S.C. 193v(1) (A) and (C), and to all persons entering in or on such
buildings and grounds, hereinafter referred to as the premises
Sec. 504.2 Recording presence.
Except as otherwise ordered, Smithsonian buildings shall be closed
to the public after normal visiting hours. Such buildings, or portions
thereof, shall also be closed to the public in emergency situations and
at such other times as may be necessary for the orderly conduct of
business. Whenever the buildings are closed to the public for any
reason, visitors will immediately leave the premises upon being
requested by a guard or other authorized individuals. Admission to such
premises during periods when closed to the public will be limited to
authorized individuals who will be required to register and identify
themselves when requested by guards or other authorized individuals.
Sec. 504.3 Preservation of property.
It is unlawful willfully to destroy, damage, or remove property or
any part thereof. Any parcels, portfolios, bags, or containers of any
kind may be required to be opened and the contents identified prior to
removal from the premises. In order to remove any property from the
premises, a properly completed property pass signed by an authorized
official of the Smithsonian Institution may be required prior to
removal.
Sec. 504.4 Conformity with signs and emergency directions.
Persons in or on the premises shall comply with official signs of a
prohibitory or directory nature and with the directions of authorized
individuals.
Sec. 504.5 Nuisances.
The use of loud, abusive, or otherwise improper language;
unwarranted loitering, sleeping or assembly; the creation of any hazard
to persons or things; improper disposal of rubbish; spitting, prurient
prying; the commission of any obscene or indecent act, or any other
unseemly or disorderly conduct on the premises; throwing articles of any
kind from or within a building; or climbing upon any part of a building
is prohibited.
Sec. 504.6 Gambling.
Participating in games for money or other personal property or the
operation of gambling devices, the conduct of a lottery or pool, or the
selling or purchasing of numbers tickets in or on the premises is
prohibited.
Sec. 504.7 Intoxicating beverages and narcotics.
Entering the premises or the operating of a motor vehicle thereon by
a person under the influence of any intoxicating beverage or narcotic
drug or the use of such drug in or on the premises is prohibited.
Consumption of intoxicating beverages on the premises is prohibited
unless officially authorized.
[[Page 49]]
Sec. 504.8 Soliciting, vending, debt collection, and distribution of handbills
The soliciting of alms and contributions, commercial soliciting and
vending of all kinds, the display or distribution of commercial
advertising, or the collecting of private debts, in or on the premises
is prohibited. This rule does not apply to national or local drives for
funds for welfare, health, and other purposes sponsored or approved by
the Smithsonian Institution concessions, or personal notices posted by
employees on authorized bulletin boards. Distribution of material such
as pamphlets, handbills, and flyers is prohibited without prior approval
of authorized individuals.
Sec. 504.9 Placards, signs, banners and flags.
The displaying or carrying of placards, signs, banners, or flags is
prohibited unless officially authorized.
Sec. 504.10 Dogs and other animals.
Dogs and other animals, except seeing-eye dogs, shall not be brought
upon the premises for other than official purposes.
Sec. 504.11 Photographs for news, advertising, or commercial purposes.
No photographs for advertising or any other commercial purpose may
be taken on the premises unless officially authorized.
Sec. 504.12 Items to be checked.
Umbrellas, canes (not needed to assist in walking), or other objects
capable of inflicting damage to property or exhibits may be required to
be checked in buildings where checking facilities are provided.
Sec. 504.13 Vehicular and pedestrian traffic.
(a) Drivers of all vehicles in or on the premises shall drive in a
careful and safe manner at all times and shall comply with the signals
and directions of the guards and all posted traffic signs.
(b) The blocking of entrances, driveways, walks, loading platforms,
or fire hydrants in or on property is prohibited. Parking without
authority, or parking in unauthorized locations or in locations reserved
for other persons or contrary to the direction of posted signs, is
prohibited. This paragraph may be supplemented from time to time by the
issuance and posting of such additional traffic and parking directives
as may be required, and such directives shall have the same force and
effect as if made a part thereof.
Sec. 504.14 Weapons and explosives.
No person while on the premises shall carry firearms, other
dangerous or deadly weapons, or explosives, either openly or concealed,
except for official purposes.
Sec. 504.15 Nondiscrimination.
There shall be no discrimination by segregation or otherwise against
any person or persons because of race, religion, color, or national
origin in furnishing or by refusing to furnish to such person or persons
the use of any facility of a public nature, including all services,
privileges, accommodations, and activities provided thereby on the
premises.
Sec. 504.16 Penalties.
Section 6 of the Smithsonian Institution Special Policing Statute,
Act of October 24, 1951, 65 Stat. 635, 40 U.S.C. 193(s) states that:
Whoever violates any provision of sections 193o-193q of this Title,
or any regulation prescribed under section 193r of this Title, shall be
fined not more than $100 or imprisoned not more than sixty days, or
both, prosecution for such offenses to be had in the District of
Columbia Court of General Sessions, upon information by the U.S.
attorney or any of his assistants: Provided, That in any case where, in
the commission of such offense, property is damaged in an amount
exceeding $100, the amount of the fine for the offense may be not more
than $5,000, the period of imprisonment for the offense may be not more
than 5 years and prosecution shall be had in the U.S. District Court for
the District of Columbia by indictment, or if the defendant, after he
has been advised of the nature of the charge and of his rights, waives
in open court prosecution by indictment, by information by the U.S.
attorney or any of his assistants.
[[Page 50]]
PART 520--RULES AND REGULATIONS GOVERNING THE BUILDINGS AND GROUNDS OF THE NATIONAL ZOOLOGICAL PARK OF THE SMITHSONIAN INSTITUTION--Table of Contents
Sec.
520.1 General.
520.2 Recording presence.
520.3 Preservation of property.
520.4 Protection of zoo animals.
520.5 Conformity with signs and emergency directions.
520.6 Nuisances.
520.7 Gambling.
520.8 Intoxicating beverages and narcotics.
520.9 Soliciting, vending, debt collection, and distribution of
handbills.
520.10 Placards, signs, banners, and flags.
520.11 Dogs and other animals.
520.12 Photographs for news, advertising, or commercial purposes.
520.13 Items to be checked.
520.14 Vehicular and pedestrian traffic.
520.15 Weapons and explosives.
520.16 Nondiscrimination.
520.17 Lost and found.
520.18 Penalties.
Authority: Secs. 1-9, 65 Stat. 634, as amended, secs. 1-4, 78 Stat.
365; 40 U.S.C. 193n-193w.
Source: 33 FR 17175, Nov. 20, 1968, unless otherwise noted.
Sec. 520.1 General.
The rules and regulations in this part apply to all buildings and
grounds of the National Zoological Park of the Smithsonian Institution,
as defined in sec. 3, 78 Stat. 366; 40 U.S.C. 193v(1)(B), and to all
persons entering in or on such buildings and grounds, hereinafter
referred to as the premises.
Sec. 520.2 Recording presence.
Except as otherwise ordered, National Zoological Park buildings and
grounds shall be closed to the public after posted visiting hours. Such
buildings and grounds, or portions thereof, shall be also closed to the
public in emergency situations and at such other times as may be
necessary for the orderly conduct of business. Whenever the buildings
and grounds or portions thereof are closed to the public for any reason,
visitors will immediately leave the premises upon being requested by a
police officer or other authorized individual. Admission to such
premises during periods when closed to the public will be limited to
authorized individuals who will be required to register and identify
themselves when requested by police officers or other authorized
individuals.
Sec. 520.3 Preservation of property.
It is unlawful willfully to destroy, damage, or remove property or
any part thereof. Any parcels, portfolios, bags, or containers of any
kind may be required to be opened and the contents identified prior to
removal from the premises. In order to remove any property from the
premises, a properly completed property pass signed by an authorized
official of the National Zoological Park may be required prior to
removal.
Sec. 520.4 Protection of zoo animals.
Except for official purposes, no person shall:
(a) Kill, injure, or disturb any exhibit or research animal by any
means except to secure personal safety;
(b) Pet, attempt to pet, handle, move, or remove exhibit or research
animals;
(c) Feed exhibit or research animals, except in strict accordance
with authorized signs;
(d) Catch, attempt to catch, trap, remove, or kill any free roaming
animals inhabiting the premises;
(e) Go over, under, between, or otherwise cross any guardrail,
fence, moat, wall, or any other safety barrier; or to seat, stand, or
hold children over any of the above-mentioned barriers;
(f) Throw or toss rocks, or any other missiles into, from, or while
on premises;
(g) Bring strollers, baby carriages, or other conveyances, except
wheel chairs, into exhibit buildings and public restrooms;
(h) Engage in ball games, or any athletic activity, except in places
as may be officially designated for such purposes;
(i) Smoke or carry lighted cigarettes, cigars, or pipes into exhibit
buildings, or to have a fire of any kind on the premises; or
(j) Damage, deface, pick, or remove any herb, shrub, bush, tree, or
turf, or portion thereof, on the premises.
[[Page 51]]
Sec. 520.5 Conformity with signs and emergency directions.
Persons in or on the premises shall comply with official signs of a
prohibitory or directory nature and with the directions of authorized
individuals.
Sec. 520.6 Nuisances.
The use of loud, abusive, or otherwise improper language;
unwarranted loitering, sleeping or assembly; the creation of any hazard
to persons or things; improper disposal of rubbish; spitting; prurient
prying; the commission of any obscene or indecent act, or any other
unseemly or disorderly conduct on the premises; throwing articles of any
kind on the premises, or climbing upon any part of the building is
prohibited.
Sec. 520.7 Gambling.
Participating in games for money or other personal property or the
operation of gambling devices, the conduct of a lottery or pool, or the
selling or purchasing of numbers tickets in or on the premises is
prohibited.
Sec. 520.8 Intoxicating beverages and narcotics.
Entering the premises or the operating of a motor vehicle thereon by
a person under the influence of any intoxicating beverage or narcotic
drug or the use of such drug in or on the premises is prohibited.
Consumption of intoxicating beverages on the premises is prohibited,
unless officially authorized.
Sec. 520.9 Soliciting, vending, debt collection, and distribution of handbills.
The soliciting of alms and contributions, commercial soliciting and
vending of all kinds, the display or distribution of commercial
advertising or the collecting of private debts, in or on the premises is
prohibited. This rule does not apply to national or local drives for
funds for welfare, health, and other purposes sponsored or approved by
the National Zoological Park, concessions, or personal notices posted by
employees on authorized bulletin boards. Distribution of material such
as pamphlets, handbills, and flyers is prohibited without prior approval
of authorized individuals.
Sec. 520.10 Placards, signs, banners, and flags.
The displaying or carrying of placards, signs, banners, or flags is
prohibited unless officially authorized.
Sec. 520.11 Dogs and other animals.
Dogs and other animals, except seeing-eye dogs, shall not be brought
upon the premises for other than official purposes unless confined to
automobiles.
Sec. 520.12 Photographs for news, advertising, or commercial purposes.
No photographs for advertising or any other commercial purpose may
be taken on the premises unless officially authorized.
Sec. 520.13 Items to be checked.
Umbrellas, canes (not needed to assist in walking), or other objects
capable of inflicting damage to property or exhibits may be required to
be checked at the police station where checking facilities are provided.
Sec. 520.14 Vehicular and pedestrian traffic.
(a) Drivers of all vehicles in or on the premises shall drive in a
careful and safe manner at all times and shall comply with the signals
and directions of the police and all posted traffic signs.
(b) The blocking of entrances, driveways, walks, loading platforms,
or fire hydrants in or on property is prohibited. Parking without
authority, or parking in unauthorized locations or in locations reserved
for other persons or contrary to the direction of posted signs, is
prohibited. This paragraph may be supplemented from time to time by the
issuance and posting of such additional traffic and parking directives
as may be required, and such directives shall have the same force and
effect as if made a part thereof.
Sec. 520.15 Weapons and explosives.
No person while on the premises shall carry firearms, other
dangerous or deadly weapons, or explosives, either openly or concealed,
except for official purposes, nor shall any person discharge or set off
any firework or explosive of any nature on the premises.
[[Page 52]]
Sec. 520.16 Nondiscrimination.
There shall be no discrimination by segregation or otherwise against
any person or persons because of race, religion, color, or national
origin in furnishing or by refusing to furnish to such person or persons
the use of any facility of a public nature, including all services,
privileges, accommodations, and activities provided thereby on the
premises.
Sec. 520.17 Lost and found.
(a) Lost articles or money which are found in areas covered by this
part shall be immediately referred to the police station. Proper records
shall be kept at Police Headquarters of the receipt and disposition of
such articles. If an article or money found on park areas and referred
to Zoo Police Headquarters is not claimed by the owner within a period
of 60 days, it shall be returned to the finder and appropriate receipt
obtained; except that in the case of National Zoological Park employees,
articles or money turned in which are not claimed by the owner within 60
days shall be considered as abandoned to the Smithsonian Institution.
Such articles or money shall be transferred to the Treasurer of the
Smithsonian Institution, who shall make suitable disposition of articles
and remit all proceeds of such disposition and all unclaimed money into
the unrestricted funds of the Smithsonian Institution.
(b) The abandonment of any personal property in any of the park
areas is prohibited.
Sec. 520.18 Penalties.
Section 6 of the Smithsonian Institution Special Policing Statute,
Act of October 24, 1951, 65 Stat. 635, 40 U.S.C. 193 (s) states that:
Whoever violates any provision of sections 193o-193q of this title,
or any regulation prescribed under section 193r of this Title, shall be
fined not more than $100 or imprisoned not more than 60 days, or both,
prosecution for such offenses to be had in the District of Columbia
Court of General Sessions, upon information by the United States
attorney or any of his assistants: Provided, That in any case where, in
the commission of such offense, property is damaged in an amount
exceeding $100, the amount of the fine for the offense may be not more
than $5,000, the period of imprisonment for the offense may be not more
than 5 years and prosecution shall be had in the U.S. District Court for
the District of Columbia by indictment, or if the defendant, after he
has been advised of the nature of the charge and of his rights, waives
in open court prosecution by indictment, by information by the U.S.
attorney or any of his assistants.
PART 530--CLAIMS AGAINST THE SMITHSONIAN INSTITUTION INCLUDING THE NATIONAL GALLERY OF ART, THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS AND THE WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS--Table of Contents
Authority: 20 U.S.C. 41, et seq.
Sec. 530.1 Tort claims.
The Smithsonian Institution (which encompasses the National Gallery
of Art, the John F. Kennedy Center for the Performing Arts and the
Woodrow Wilson International Center for Scholars) falls within the
purview of the Federal Tort Claims Act. Internal procedures for
implementing the Act follow the current general guidance issued by the
U.S. Department of Justice in 28 CFR part 14. Information on specific
claims procedures can be obtained as follows:
(a) Smithsonian Institution: Office of the General Counsel,
Smithsonian Institution, Washington, DC 20560.
(b) National Gallery of Art: Administrator, National Gallery of Art,
Washington, DC 20565.
(c) John F. Kennedy Center for the Performing Arts: Director of
Operations, John F. Kennedy Center for the Performing Arts, Washington,
DC 20566.
(d) Woodrow Wilson International Center for Scholars: Assistant
Director for Administration, Woodrow Wilson International Center for
Scholars, Smithsonian Institution, Washington, DC 20560.
[49 FR 9421, Mar. 13, 1984]
PARTS 531--599 [RESERVED]
[[Page 53]]
CHAPTER VI--[RESERVED]
[[Page 55]]
CHAPTER VII--LIBRARY OF CONGRESS
--------------------------------------------------------------------
Part Page
701 Procedures and services..................... 56
702 Conduct on Library premises................. 70
703 Availability of Library of Congress records. 74
704 National Film Registry of the Library of
Congress................................ 77
705 Financial Administration.................... 80
706--799 [Reserved]
Editorial Note: The regulations in this chapter VII were formerly
codified in 44 CFR chapter V.
[[Page 56]]
PART 701--PROCEDURES AND SERVICES--Table of Contents
Sec.
701.1 Application for employment.
701.2 Access to Library buildings.
701.3 Removal of materials from the Library buildings.
701.4 Information about the Library.
701.5 The Library's reading rooms and public use thereof.
701.6 Service of the general collections.
701.7 Reference and bibliographic assistance.
701.8 Special study facilities.
701.9 Loans of library materials.
701.10 Loans of library materials for blind and other physically
handicapped persons.
701.11 Lending of materials from the Library for exhibition.
701.12 Photoduplication service.
701.13 Service of African and Middle Eastern materials.
701.14 Service of Asian materials.
701.15 Service of European materials.
701.16 Service of folklife materials.
701.17 Service of Hispanic materials.
701.18 Service of legal materials.
701.19 Service of local history and genealogical materials.
701.20 Service of manuscript materials.
701.21 Service of maps and cartographic materials.
701.22 Service of microfilmed materials.
701.23 Service of motion picture and television materials.
701.24 Service of music materials.
701.25 Service of prints and photographs.
701.26 Service of rare books and special collections.
701.27 Service of scientific and technical materials.
701.28 Service of serial materials.
701.29 Service of sound recordings.
701.30 Cataloging distribution.
701.31 Library of Congress publications.
701.32 Offers of materials for purchase.
701.33 Acquisition of library materials by non-purchase means and
disposition of surplus library materials.
701.34 Contracting officers.
701.35 Credit and recognition policy on the use of the Library name,
seal, or logo.
701.36 Use of the Seal of the Library of Congress and the Library of
Congress Trust Fund Board.
Authority: 2 U.S.C. 136; 18 U.S.C. 1017.
Sec. 701.1 Application for employment.
The Library of Congress is an Excepted Service Legislative Branch
agency. As such, it has its own independent merit system, and applicants
do not need Civil Service status to apply for its positions. The Library
has a wide range of clerical, technical, and professional positions (the
latter being primarily oriented to library operations such as
processing, cataloging, and reference, but with some positions in non-
librarian occupations such as computer, subject area and research
analyst specialists). The Library's Employment Office is located in Room
LM-107, James Madison Building, First Street and Independence Avenue,
SE., Washington, DC 20540. Information about current employment needs
and the procedure for application may be obtained by either visiting
this office (Monday-Friday, 8:30 a.m. to 4:30 p.m.), calling during
these hours at (202) 287-JOBS, or writing to the above address. A 24-
hour recording of general information is available at (202) 287-5295.
[46 FR 48660, Oct. 2, 1981]
Sec. 701.2 Access to Library buildings.
(a) In accordance with the Library's general policy, persons other
than staff members may be admitted to the Library buildings and to the
various areas therein that are open to the public during the announced
hours of public opening. Such persons may be admitted to other areas
within the buildings and at other times only in accordance with
established access regulations.
(b) Persons having legitimate business in buildings closed to the
public may be admitted after identification by responsible officials in
the building or by authority as evidenced by a building access pass
issued by the Associate Librarian for Management.
[35 FR 10588, June 30, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973, and amended at 46 FR 48660, Oct. 2, 1981]
Sec. 701.3 Removal of materials from the Library buildings.
No material may be removed from the Library buildings without the
proper stamp, pass, or other authorization as prescribed by regulations
established by The Librarian of Congress. All property including, but
not limited to, suitcases, briefcases, handbags, large envelopes,
packages, and office
[[Page 57]]
equipment may be inspected upon leaving Library buildings in order to
prevent the improper removal of property belonging to the U.S.
Government.
[51 FR 22073, June 18, 1986]
Sec. 701.4 Information about the Library.
Information about the activities, program, services, organization,
and history of the Library of Congress is provided by the Information
Office, which has primary responsibility for responding, or for
arranging for other divisions of the Library to respond, to inquiries on
these subjects from the public and from representatives of public-
information media. Such information is provided through publications and
through individual response by telephone, by mail, and in personal
conference. For convenience of the public, the office administers
information counters in the James Madison and Thomas Jefferson
Buildings; its staff answers visitors' inquiries about the Library but
does not provide reference service for readers wishing to use the
Library's collections. Free publications about the Library and some
price publications and facsimiles of famous documents are available at
this counter.
[35 FR 10588, June 30, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973, and amended at 51 FR 22073, June 18, 1986]
Sec. 701.5 The Library's reading rooms and public use thereof.
(a) All members of the public wishing to use materials from the
Library's collections first must obtain a User Card. The Library will
issue User Cards, in accordance with established access regulations, to
those persons who present a valid photo identification card containing
their name and current address. The Library-issued User Card will
include the name, digitized photograph, and signature of the user. It
must be presented when requesting materials housed in the book stacks or
other non-public areas or upon request of a Library staff member. In
accordance with Library regulations which prescribe the conditions of
reader registration and use of Library materials, presentation of a User
Card may be required for entry into certain reading rooms. The Library
will maintain the information found on the User Cards, including the
digitized photograph and other pertinent information, in an automated
file for collections security purposes. Access to the automated file
shall be limited to only those Library staff whose official duties
require access. The automated file shall be physically separated and
accessible only from inside the Library.
(b) Materials in the general classified collections of the Library
are serviced in the Main and Local History and Genealogy reading rooms
(Thomas Jefferson Building), and the Science and Social Science reading
rooms (John Adams Building). Special collections, as explained further
in subsequent sections, are serviced in the following reading rooms;
Archive of Folk Culture, European, Microform, and Rare Book and Special
Collections (Thomas Jefferson Building), African and Middle East and
Asian (Adams Building), and Geography and Map, Law Library, Manuscript,
Motion Picture and Television, Newspaper and Current Periodical,
Performing Arts, Prints and Photographs, and Recorded Sound Reference
Center (James Madison Memorial Building). Reference and bibliographic
assistance is provided by the staff on duty in the reading rooms, to the
extent necessary to supplement the reader's prior use of library
resources elsewhere and/or to facilitate use of the Library's
collections.
[51 FR 22073, June 18, 1986, as amended at 60 FR 34853, July 5, 1995]
Sec. 701.6 Service of the general collections.
(a) Requests for materials in the general classified collections are
submitted by readers on forms provided for that purpose. Available
materials so requested are located and delivered to readers by the
staff. Subject to specified limitations, materials may be reserved for
continued use. Access to the bookstacks is permitted only under
regulations established by the Librarian of Congress.
(b) Definitions.
(1) Security means administration of continuing, effective controls
in areas where materials are housed for the purpose of preprocessing or
processing, storage, access, or use. These controls
[[Page 58]]
are designed to safeguard against theft, loss, misplacement, or damage
from improper use or vandalism and may vary as appropriate to the
quality, monetary value, replaceability, fragility, or other special or
unusual conditions relating to the materials concerned.
(2) Library material means:
(i) Items in all formats (including, but not limited to, books and
pamphlets; documents; manuscripts; maps; microfiche, microfilms, and
other microforms; motion pictures, photographs, posters, prints,
drawings, videotapes, and other visual materials; newspapers and
periodicals; recorded discs, tapes, or audio/video/digital materials in
other formats) either in the collections of the Library of Congress or
acquired for and in process for the Library's collections;
(ii) Objects such as musical instruments, printing blocks, copper
engraving plates, paintings, and scrolls, and
(iii) Control files, which are manual or automated files essential
to the physical or intellectual access to Library materials, such as
catalogs, computer tapes, finding aids, and shelflists. These include
items that are acquired as an integral part of Library materials and are
accessioned into the collections with them permanent inventory records,
public catalogs, and other finding aids.
(3) Security-controlled environment means, but is not limited to:
general and special reading rooms and research facilities where
materials are issued under controlled circumstances for use of readers;
the bookstacks and other storage facilities where materials are housed
when not in use; and work areas where materials are held temporarily for
processing.
(c) General policy for use of Library materials. Materials retrieved
for readers' use shall be used only in assigned reading rooms or
research facilities. Use elsewhere in Library buildings requires
specific authorization from designated staff members of the custodial
unit. Use of materials assigned to reference collections shall be in
accordance with established regulations. To minimize the risk of theft,
loss, or damage when the materials are removed from designated storage
areas, the conditions of availability and use will vary as appropriate
to the quality of materials, their monetary value, replaceability,
format, physical condition, and the purpose for which they are to be
circulated--reader use within the Library, exhibits, preservation,
photoduplication, or loan outside the Library. Unless otherwise
specified by Library regulations, and/or legal or contractual
obligations, the conditions and procedures for use of materials,
including duplication, either inside or outside of the Library
buildings, shall be determined by or in consultation with the unit head
responsible for the custody of the material used.
(1) Any material removed from the security-controlled environment of
a reading room or storage area, and meeting the established criteria
must be charged as an internal or external loan through the Loan
Division, in accordance with established loan regulations. The security
of in-process material, and special collections material not meeting the
criteria of these regulations, is the responsibility of the division
chief or equivalent Library officer with physical control of the
material. That division shall determine whether or not a Loan Division
internal charge must be created when an item is removed for use. If a
Loan Division record is not created, the division shall create and
maintain a local record until the item is returned.
(2) When the period of use is completed, all materials shall be
returned immediately to the custodial unit to be placed in designated
shelf or other locations in assigned storage areas. Charge records for
the returned materials shall be removed from the charge files.
(d) Penalties. Readers who violate established conditions and/or
procedures for using material are subject to penalties to be determined
by or in consultation with the unit head responsible for the custody of
the material used.
(1) When a reader violates a condition and/or procedure for using
material, the division chief or head of the unit where the infraction
occurred may, upon written notification, deny further access to the
material, or to the unit in which it is housed, to be determined by
[[Page 59]]
the nature of the infraction and the material involved.
(2) Within five workdays of receipt of such notification, the reader
may make a written request, including the reasons for such request to
the Associate Librarian for that service unit, or his/her designee, for
a reconsideration of said notification.
(3) The Associate Librarian for that service unit, or his/her
designee, shall respond within five workdays of receipt of such request
for reconsideration and may rescind, modify, or reaffirm said
notification, as appropriate.
(4) Repeated violations of established conditions and/or procedures
for using material may result in denial of further access to the
premises and further use of the Library's facilities or revocation of
the reader's User Card, in accordance with established access
regulations.
(5) Mutilation or theft of Library property also may result in
criminal prosecution, as set forth in 18 U.S.C. 641, 1361, and 2071; and
22 D.C. Code 3106.
(6) In certain emergency situations requiring prompt action, the
division chief or head of the unit where the infraction occurred
immediately may deny further access to the material or unit prior to
making written notification action. In such cases, the reader shall be
notified, in writing, within three days of the action taken and the
reasons therefor. The reader then may request reconsideration.
(7) A copy of any written notification delivered pursuant to this
part shall be forwarded to the Captain, Library Police, the service
unit, and the Director, Integrated Support Services, for retention.
[35 FR 10588, June 30, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973, and amended at 51 FR 22073, June 18, 1986; 60 FR 34853, July 5,
1995]
Sec. 701.7 Reference and bibliographic assistance.
(a) Reference and bibliographic services provided in response to
requests from readers and requests received by telephone and by mail are
governed by policies and regulations established by the Librarian of
Congress.
(b) Readers requiring reference and bibliographic assistance in the
general collections and aid in the use of the catalogs may request help
from the staff on duty in the general reading rooms. Requests for such
assistance in special collections are referred to the appropriate
specialized division and reading rooms.
(c) Reference inquiries and requests for service which cannot be
satisfied by other libraries or scholarly institutions nearer the
inquirer may be submitted to the Library of Congress, which will respond
to them insofar and on such conditions as available staff and facilities
permit.
[35 FR 10588, June 30, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973, and amended at 46 FR 48661, Oct. 2, 1981]
Sec. 701.8 Special study facilities.
Special study facilities and reserved shelves are available for
assignment to persons engaged in research. Applications for such
assignments are acted upon by the Chief of the General Reading Rooms
Division or by other authorized officials, and assignments on approved
applications are made on specified conditions of registration, tenure,
and use.
[35 FR 10588, June 30, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973, and amended at 46 FR 48661, Oct. 2, 1981]
Sec. 701.9 Loans of library materials.
The Library of Congress is not a public circulating library and no
material in its collections may be taken from the Library buildings
except upon approval by the Chief of the Loan Division. Members of
Congress, heads of executive departments, and other statutory borrowers,
however, have the privilege of withdrawing books by virtue of their
office. Subject to regulations and conditions established by The
Librarian of Congress, special permission to withdraw materials may be
given to congressional staff. Applications for such privilege are acted
upon by the Chief of the Loan Division, who is responsible for the
interpretation and enforcement of the regulations governing loans.
Except for Members of Congress, heads of executive departments, and
others authorized by the Librarian to have materials assembled and
delivered to them, persons having the borrowing privilege must present
[[Page 60]]
materials to be borrowed to the Loan Division for recording and for
issuance of a door pass. Borrowers must present the materials for
inspection to the guards on duty at the exits to the Library buildings.
Materials are issued on interlibrary loan to other libraries within and
outside the District of Columbia under regulations established by the
Librarian of Congress. Applications from established libraries for such
loans, and requests for information about interlibrary loans and loan
service, generally, should be directed to the Chief of the Loan
Division.
[35 FR 10588, June 30, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973, and amended at 46 FR 48661, Oct. 2, 1981; 51 FR 22073, June 18,
1986]
Sec. 701.10 Loans of library materials for blind and other physically handicapped persons.
(a) Program. In connection with the Library's program of service
under the Act of March 3, 1931 (46 Stat. 1487), as amended, its National
Library Service for the Blind and Physically Handicapped provides books
in raised characters (braille), on sound reproduction recordings, or in
any other form, under regulations established by the Librarian of
Congress. The National Library Service also provides and maintains
reproducers for such sound reproduction recordings for the use of blind
and other physically handicapped residents of the United States,
including the several States, Territories, Insular Possessions, and the
District of Columbia, and American citizens temporarily domiciled
abroad.
(b) Eligibility criteria. (1) The following persons are eligible for
such service:
(i) Blind persons whose visual acuity, as determined by competent
authority, is 20/200 or less in the better eye with correcting glasses,
or whose widest diameter if visual field subtends an angular distance no
greater than 20 degrees.
(ii) Persons whose visual disability, with correction and regardless
of optical measurement, is certified by competent authority as
preventing the reading of standard printed material.
(iii) Persons certified by competent authority as unable to read or
unable to use standard printed material as a result of physical
limitations.
(iv) Persons certified by competent authority as having a reading
disability resulting from organic dysfunction and of sufficient severity
to prevent their reading printed material in a normal manner.
(2) In connection with eligibility for loan services ``competent
authority'' is defined as follows:
(i) In cases of blindness, visual disability, or physical
limitations ``competent authority'' is defined to include doctors of
medicine, doctors of osteopathy, ophthalmologists, optometrists,
registered nurses, therapists, professional staff of hospitals,
institutions, and public or welfare agencies (e.g., social workers, case
workers, counselors, rehabilitation teachers, and superintendents). In
the absence of any of these, certification may be made by professional
librarians or by any persons whose competence under specific
circumstances is acceptable to the Library of Congress.
(ii) In the case of reading disability from organic dysfunction,
competent authority is defined as doctors of medicine who may consult
with colleagues in associated disciplines.
(c) Loans through regional libraries. Sound reproducers are lent to
individuals and appropriate centers through agencies, libraries, and
other organizations designated by the Librarian of Congress to service
specific geographic areas, to certify eligibility of prospective
readers, and to arrange for maintenance and repair of reproducers.
Libraries designated by the Librarian of Congress serve as local or
regional centers for the direct loan of such books, reproducers, or
other specialized material to eligible readers in specific geographic
areas. They share in the certification of prospective readers, and
utilize all available channels of communication to acquaint the public
within their jurisdiction with all aspects of the program.
(d) National collections. The Librarian of Congress, through the
National Library Service for the Blind and Physically Handicapped,
defines regions and determines the need for new regional libraries in
cooperation with other libraries or agencies whose activities are
[[Page 61]]
primarily concerned with the blind and physically handicapped. It serves
as the center from which books, recordings, sound reproducers, and other
specialized materials are lent to eligible blind and physically
handicapped readers who may be temporarily domiciled outside the
jurisdictions enumerated by the Act. It maintains a special collection
of books in raised characters and on sound reproduction recordings not
housed in regional libraries and makes these materials available to
eligible borrowers on interlibrary loan.
(e) Institutions. The reading materials and sound reproducers for
the use of blind and physically handicapped persons may be loaned to
individuals who qualify, to institutions such as nursing homes and
hospitals, and to schools for the blind or physically handicapped for
the use of such persons only. The reading materials and sound
reproducers may also be used in public or private schools where
handicapped students are enrolled; however, the students in public or
private schools must be certified as eligible on an individual basis and
must be the direct and only recipients of the materials and equipment.
(f) Musical scores. The National Library Service also maintains a
library of musical scores, instructional texts, and other specialized
materials for the use of the blind and other physically handicapped
residents of the United States and its possessions in furthering their
educational, vocational, and cultural opportunities in the field of
music. Such scores, texts, and materials are made available on a loan
basis under regulations developed by the Librarian of Congress in
consultation with persons, organizations, and agencies engaged in work
for the blind and for other physically handicapped persons.
(g) Veterans. In the lending of such books, recordings, reproducers,
musical scores, instructional texts, and other specialized materials,
preference shall be at all times given to the needs of the blind and
other physically handicapped persons who have been honorably discharged
from the Armed Forces of the United States.
(h) Inquiries for information relative to the prescribed procedures
and regulations governing such loans and requests for loans should be
addressed to: Director, National Library Service for the Blind and
Physically Handicapped, Library of Congress, Washington, DC 20542.
[39 FR 20203, June 7, 1974, as amended at 46 FR 48661, Oct. 2, 1981]
Sec. 701.11 Lending of materials from the Library for exhibition.
Subject to special conditions and procedures determined by the
Library, certain materials in the Library's collections are available
for loan to recognized institutions, such as libraries and museums, with
established exhibition programs and with staffs proficient in handling
the particular material requested. This service is subject to
limitations in terms of the character of the materials and the
availability of staff to prepare materials for shipment. Each request
for loan is judged on its particular merits, i.e., type of institution
and program for which loan is proposed in relation to the importance and
value, both monetary and intrinsic, of the material requested and the
probability of its being replaceable in the event of loss.
Communications concerning the lending of materials for exhibition should
be addressed to the Exhibits Officer, Library of Congress, Washington,
DC 20540.
[35 FR 10588, June 30, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973]
Sec. 701.12 Photoduplication service.
Photocopies of materials in the Library's general and special
collections may be obtained from the Library's Photoduplication Service
at prevailing rates and subject to prescribed contract provisions,
provided that they are not subject to copyright or other restrictions,
or provided that permission to copy has been obtained. Order forms for
photocopies may be secured from the Photoduplication Service, Library of
Congress, Washington, DC 20540.
[35 FR 10588, June 30, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973]
Sec. 701.13 Service of African and Middle Eastern materials.
(a) Services to readers in the African and Middle Eastern Division
are provided in accordance with prescribed
[[Page 62]]
conditions of use of materials in the custody of the division: materials
written or printed in Arabic, Hebrew, Persian, Turkish, Yiddish, etc.
(b) Readers requiring reference and bibliographic assistance in the
general areas of African and Middle Eastern studies are assisted in the
African and Middle Eastern Division's three component sections: African,
Hebraic, and Near East, each of which maintains a reference collection
and pertinent bibliographic tools. Reference service on special
materials of interest to African and Middle Eastern studies (except law)
is provided by the divisions holding such materials, as identified in
Sec. 701.5. In the fields of science and technology, reference and
bibliographic services are provided by the Science and Technology
Division.
[51 FR 22073, June 18, 1986]
Sec. 701.14 Service of Asian materials.
(a) Services to readers in the Asian Division are provided in
accordance with prescribed conditions of use of materials in the custody
of the division: materials written or printed in Bengali, Burmese,
Chinese, Hindi, Indonesian, Japanese, Korean, Thai, Urdu, Vietnamese,
etc.
(b) Readers requiring reference and bibliographic assistance in the
general areas of Asian studies are assisted in the Asian Division's
three component sections. Reference service on special materials of
interest to Asian studies (except law) is provided by the divisions
holding such materials, as identified in Sec. 701.5. In the fields of
science and technology, reference and bibliographic services are
provided by the Science and Technology Division.
[51 FR 22073, June 18, 1986]
Sec. 701.15 Service of European materials.
(a) Services to readers in the European Division are provided in
accordance with prescribed conditions of use of the materials in the
custody of the European Division: Unbound serials and newspapers, (with
the exception of those assigned to the Law Library), written or printed
in any of the Slavic languages and in Estonian, Latvian, and Lithuanian.
Readers requesting reference and bibliographic assistance on European
materials classified in the general collections are assisted by staff on
duty in the general reading rooms, or in the European Reading Room,
which maintains a reference collection and pertinent informational
files.
(b) The professional staff of the European Division renders
reference and bibliographic services pertaining to the cultural,
political, social, and economic life of Albania, Austria, Belgium,
Bulgaria, Cyprus, Czechosloviakia, Denmark, Estonia, Finland, France,
the German Democratic Republic, the Federal Republic of Germany, Greece,
Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,
Monaco, The Netherlands, Norway, Poland, Romania, San Marino, the Soviet
Union, Sweden, Switzerland, the Vatican City, and Yugoslavia. Reference
service on special materials of interest to European studies (except
law) is provided by the divisions holding such materials, as identified
in Sec. 701.5. In the fields of science and technology, reference and
bibliographic services are provided by the Science and Technology
Division.
[51 FR 22073, June 18, 1986]
Sec. 701.16 Service of folklife materials.
(a) The American Folklife Center renders specialized reference,
bibliographic and consulting services pertaining to ``preserving and
presenting'' folk cultural traditions in the United States. The Center
is not a grant-giving agency but concentrates on varied services to the
field--coordination of folk cultural activities, local, state, Federal
and at the Library of Congress; field projects, technical and consultant
services; research and archival service; and publications, exhibits and
live presentations designed to disseminate ideas and materials
pertaining to American folk culture.
(b) The Center's Archive of Folk Song provides reference and
referral services concerning folklife and ethnomusicology by telephone,
through correspondence, and directly to readers in the Archive's Reading
[[Page 63]]
Room on the Library's pertinent collection of books, periodicals,
recordings, manuscripts, etc. Printed descriptions of the Archive's
published reference and findings aids, recordings, intern program, and
other services, are available from the Archive of Folk Culture, Library
of Congress, Washington, DC 20540.
[46 FR 48663, Oct. 2, 1981, as amended at 51 FR 22073, June 18, 1986]
Sec. 701.17 Service of Hispanic materials.
(a) Readers requesting reference and bibliographic assistance on
hispanic materials classified in the general collections may consult
staff on duty in the general reading rooms, or in the Hispanic Reading
Room, which maintains a reference collection and pertinent informational
files.
(b) The professional staff of the Hispanic Division renders
reference and bibliographic services pertaining to the cultural,
political, social and economic life of Spain, Portugal, and the
countries of Latin America and the Caribbean, as well as for materials
pertaining to the social and cultural life of Hispanics in the United
States. Reference service on special materials of interest to Hispanic
studies (except law) is provided by the divisions holding such
materials, as identified in Sec. 701.5. In the fields of science and
technology, reference and bibliographic services are provided by the
Science and Technology Division.
[51 FR 22074, June 18, 1986]
Sec. 701.18 Service of legal materials.
(a) Legal materials are served in the reading room of the Law
Library in the James Madison Building. Those volumes which are not on
the open shelves may be obtained for reading room use by filling out and
presenting to a reference assistant a slip provided for the purpose.
(b) The collections of the Law Library are available in part, for
use outside the Library for a limited period, to authorized borrowers in
Washington, DC, and through interlibrary loan to the general public
residing in other parts of the country, in conformity with Loan Division
procedures. Books which are lent for use outside of the Law Library must
be charged in the Law Library. Books which are lent for use outside the
Library building must be charged in the Loan Division, where a formal
charge is made and a door pass is issued.
[46 FR 48662, Oct. 2, 1981]
Sec. 701.19 Service of local history and genealogical materials.
Readers requesting reference and bibliographic assistance on
materials in local history and genealogy may consult the staff in the
Local History and Genealogy Room.
[46 FR 48662, Oct. 2, 1981]
Sec. 701.20 Service of manuscript materials.
(a) Services to readers in the Manuscript Reading Room are provided
in accordance with prescribed conditions of reader registration and use
of the materials in the custody of the Manuscript Division. The use of
such materials is restricted to the Manuscript Reading Room.
(b) The professional staff of the Manuscript Division renders
reference and bibliographic services pertaining to its collections by
telephone, through correspondence, and directly to adult readers in the
Manuscript Reading Room.
[51 FR 22074, June 18, 1986]
Sec. 701.21 Service of maps and cartographic materials.
(a) Services to readers in the Geography and Map Reading Room are
provided in accordance with prescribed conditions of reader registration
and use of the maps, atlases and globes in the custody of the Geography
and Map Division. The use of such materials is restricted to the
Geography and Map Reading Room.
(b) The professional staff of the Geography and Map Division renders
reference and bibliographic services pertaining to its collections by
telephone, through correspondence, and directly to adult readers in the
Geography and Map Reading Room.
[51 FR 22074, June 18, 1986]
[[Page 64]]
Sec. 701.22 Service of microfilmed materials.
(a) Service to readers in the Microform Reading Room is provided in
accordance with prescribed conditions governing the use of microfilm and
microprint material in the custody of the Microform Reading Room.
Investigators may requisition inkprint materials from other collections
of the Library for use in the Microform Reading Room, but such requests
will be subject to limitations consistent with the care and service of
the collections, and with regard for service to readers in other reading
rooms.
(b) Other units have custody of microfilmed materials, such as
manuscripts, newspapers, music, law, and orientalia, and render service
on these materials.
[46 FR 48662, Oct. 2, 1981]
Sec. 701.23 Service of motion picture and television materials.
(a) Services to readers in the Motion Picture and Television Reading
Room are provided in accordance with prescribed conditions of reader
registration and use of the motion picture film, and videotape materials
in the custody of the Motion Picture, Broadcasting and Recorded Sound
Division. The use of such materials is restricted to the Motion Picture
and Television Reading Room.
(b) The professional staff of the Motion Picture, Broadcasting and
Recorded Sound Division renders reference and filmographic services
pertaining to its collections by telephone, through correspondence and
directly to adult readers in the Motion Picture and Television Reading
Room.
[51 FR 22074, June 18, 1986]
Sec. 701.24 Service of music materials.
(a) Services to readers in the Performing Arts Reading Room are
provided in accordance with prescribed conditions of reader registration
and use of the music materials in the custody of the Music Division. The
use of such materials is restricted to the Performing Arts Reading Room.
(b) The professional staff of the Music Division renders reference
and bibliographic services pertaining to its collections, by telephone,
through correspondence and directly to adult readers in Performing Arts
Reading Room (see also Sec. 701.29).
[51 FR 22074, June 18, 1986]
Sec. 701.25 Service of prints and photographs.
(a) Services to readers in the Prints and Photographs Reading Room
are provided in accordance with prescribed conditions of reader
registration and use of the collections of fine and historical prints,
drawings, photographs, posters, and architectural drawings and
photographs, in the custody of the Prints and Photographs Division. The
use of such materials is restricted to the Prints and Photographs
Reading Room.
(b) The professional staff of the Prints and Photographs Division
renders reference and bibliographic services pertaining to its
collections, by telephone, through correspondence and directly to adult
readers in the Prints and Photographs Reading Room.
[51 FR 22074, June 18, 1986]
Sec. 701.26 Service of rare books and special collections.
(a) Services to readers in the Rare Book and Special Collections
Reading Room are provided in accordance with prescribed conditions of
reader registration and use of the materials in the custody of the Rare
Book and Special Collections Division. The use of such materials is
restricted to the Rare Book and Special Collections Reading Room.
(b) The professional staff of the Rare Book and Special Collections
Division renders reference and bibliographic services pertaining to its
collections by telephone, through correspondence, and directly to adult
readers in the Rare Book and Special Collections Reading Room.
(c) Service to readers of the rare books in the custody of the Law
Library and the Music Division are subject to similar regulations.
[51 FR 22074, June 18, 1986]
[[Page 65]]
Sec. 701.27 Service of scientific and technical materials.
(a) Readers requesting reference and bibliographic assistance in
science and technology may consult the staff on duty in the Science
Reading Room. Inquiries are referred when necessary to subject
specialists in the Science and Technology Division. A special collection
of technical reports is available in the Science Reading Room. Materials
on science in the Library's subject-classified collections are also
served in the Library's other general reading rooms.
(b) In answering requests for referral service, the Resources
Analysis Section of the General Reading Rooms Division compiles names,
addresses, telephone numbers, and brief descriptions of appropriate
information resources, which may include professional societies,
university research bureaus and institutes, Federal and State agencies,
industrial laboratories, museums, testing stations, and individual
experts as well as more traditional sources of information, such as
technical libraries, information and document centers, and abstracting
and indexing services.
[51 FR 22074, June 18, 1986]
Sec. 701.28 Service of serial materials.
(a) Services to readers in the Newspaper and Current Periodical
Reading Room are provided in accordance with prescribed conditions of
use of the collections of current and unbound periodicals, bound,
unbound and microfilmed newspapers, Government documents, ephemera, etc.
not assigned to other divisions, in the custody of the Serial and
Government Publications Division. The use of such materials is
restricted to the Newspaper and Current Periodical Reading Room.
(b) The professional staff of the Serial and Government Publications
Division renders reference and bibliographic services pertaining to its
collections as well as to the government publications in the general
classified collections, by telephone, through correspondence and
directly to adult readers in the Newspaper and Current Periodical
Reading Room.
[51 FR 22074, June 18, 1986]
Sec. 701.29 Service of sound recordings.
(a) Services to readers in the Recorded Sound Reference Center in
the Performing Arts Reading Room are provided in accordance with
prescribed conditions of reader registration and use of the sound
recordings of all kinds (except recordings for the blind) in the custody
of the Motion Picture, Broadcasting and Recorded Sound Division. The use
of such materials, for serious research only, is restricted to the
Performing Arts Reading Room and appointments to use them must be sought
in advance by application to the Motion Picture, Broadcasting and
Recorded Sound Division.
(b) The professional staff of the Recorded Sound Reference Center
renders reference and discographic services pertaining to the
collections, by telephone, through correspondence, and directly to adult
readers in the Performing Arts Reading Room.
(c) Reference and information pertaining to folk music and
ethnomusicology are available from the Archive of Folk Culture, American
Folklife Center.
(d) A list of recordings of poetry and folk music issued by the
Library of Congress and available for a sale may be obtained from the
Public Services Coordinator, Motion Picture, Broadcasting and Recorded
Sound Division, Library of Congress, Washington, DC 20540.
[51 FR 22075, June 18, 1986]
Sec. 701.30 Cataloging distribution.
Bibliographic products and services are produced and supplied to the
Library of Congress and other libraries by the Cataloging Distribution
Service. The Service sells bibliographic data in the form of printed
cards, machine-readable tapes (MARC), book catalogs, microfiche catalogs
and technical publications to libraries, learned societies, professional
institutions, government agencies, private institutions, and cooperative
and commercial processing centers. Information may be obtained from the
Cataloging Distribution Service, Library of Congress.
[51 FR 22075, June 18, 1986]
[[Page 66]]
Sec. 701.31 Library of Congress publications.
Publications of the Library include guides to its collections and
services, catalogs of materials in the Library of Congress and other
libraries, lists and descriptions of serials and monographs received,
registers of personal papers of American public figures, bibliographies,
facsimiles of rare items in its collections, exhibit catalogs, annual
reports, acquisitions reports, and various other issuances relating to
the Library and its programs. Most of the Library's publications are
sold by the Superintendent of Documents, Government Printing Office,
Washington, DC 20402. A complete list of available publications, Library
of Congress Publications in Print, is distributed free by the Central
Services Division, Library of Congress, Washington, DC 20540.
[46 FR 48663, Oct. 2, 1981, as amended at 51 FR 22075, June 18, 1986]
Sec. 701.32 Offers of materials for purchase.
The Library solicits offers of library materials (including books,
periodicals, pamphlets, manuscripts, maps, views, music, recordings,
motion pictures, photographs, posters, prints, etc.). Lists or catalogs
offering materials should specify author, title, place of publication,
date of publication, whether or not copyrighted, edition note, series
note, and number of pages or volumes. Each item must be priced. All
offers of materials and all other correspondence concerning the
acquisition by purchase of materials for the Library's collections
(including invoices, statements, and questions concerning payment for
material purchased by the Library) should be addressed to the Library of
Congress, Order Division, Washington, DC 20504. Materials should be sent
``on approval'' unless specifically requested by the Order Division.
[51 FR 22075, June 18, 1986; 51 FR 23537, June 30, 1986]
Sec. 701.33 Acquisition of library materials by non-purchase means and disposition of surplus library materials.
(a) Acquisition of non-purchase materials. The Exchange and Gift
Division has responsibility for the Library's acquisition of materials
by non-purchase means, including exchange, gift and transfer, and other
government sources.
(1) Exchanges. Official exchanges, numbering about one hundred
agreements, are maintained between the Library and official agencies or
institutions designated in other countries to send and receive official
documents. Agreements for official exchanges stem from multilateral
treaties, Executive Agreements, and informal agreements. Sets of U.S.
official publications are supplied under these agreements. In addition
to official exchanges, general (or non-official) exchanges negotiated on
an informal basis are conducted with government agencies at all levels,
universities, colleges, museums, libraries, learned organizations and
international organizations. (Currently about 15,000 non-official
exchanges are in effect throughout the world). The Library sends to
these exchange partners selections from its duplicates or current U.S.
Government publications. By law (44 U.S.C. 1718 and 1719) the Library is
authorized to requisition for use on international exchange up to 125
copies of each U.S. Government publication issued by the Government
Printing Office.
(2) Gift. The Library solicits gifts from individuals, businesses,
foundations, and other organizations throughout the world, including
unions, political parties, chambers of commerce, religious groups, etc.,
that do not enter into exchanges or offer their publications for regular
sale. The Library also actively solicits material for its special
collections which it would not usually be in a position to purchase,
including personal papers, music manuscripts, sound recordings, rare
books, fine prints and photographs, etc.
[[Page 67]]
(3) Government source. In addition to the documents provided by the
Superintendent of Documents for international exchange, the Library is
entitled under 44 U.S.C. 1718 to requisition up to 25 copies of each
publication issued by the Government Printing Office for use in its own
collections. Other laws provide the Library with books for the blind and
with publications deposited for copyright. Under a variety of
arrangements the Exchange and Gift Division also acquires the official
publications of the states, territories, and possessions of the United
States for listing in its accessions list, the Monthly Checklist of
State Publications, and for inclusion in its collections.
(4) Transfer. Libraries and other agencies of the Federal Government
are encouraged to send to the Library for disposition soft or hard-bound
books that are surplus to their needs in the following categories: (1)
Novels and (2) Reference works (e.g. encyclopedias, directories, guides,
such as Encyclopedia of Associations, The World of Learning, The
Stateman's Yearbook, Books in Print, etc.) not older than three years.
And not older than five years in: (1) Humanities (art, music, belles
letters etc.); (2) History and area studies; (3) Social sciences
(economics, politics, etc.); (4) Education; and (5) Science
(agriculture, medicine, computer science, mathematics, physics, etc.).
Such transferred materials are needed to fill gaps in the Library's
holdings, for exchanges, to transfer to other Federal agencies, and to
make available through the Surplus Books Program to qualified
recipients. The Library's Exchange and Gift Division (E&G) requests
notification at the earliest possible date of any government libraries
that are scheduled to close or be substantially reduced. The Library
also requests that shipments of 1,000 pounds or more be cleared with E&G
in advance. The Library does not accept bound and unbound serials.
Federal agencies should dispose of surplus serials, and other surplus
library materials not specified above, in accordance with their agency's
regulations governing the disposal of surplus materials.
(b) Disposition of surplus books. The Exchange and Gift Division has
available at all times surplus books not needed by the Library for its
own uses. These materials are made available for selection on exchange
by eligible institutions, organizations, book dealers, and collections,
and by donation to educational institutions (tax-supported or non-profit
schools, school systems, colleges, universities, museums, and public
libraries), non-profit tax-exempt organizations (section 501 of IRS
Code) and public bodies (agencies of local, state, or national
governments) in the United States. A public library is defined as ``a
library that serves free all residents of a community, district, state,
or region, and receives its financial support in whole or in part from
public funds.''
(c) Inquiries concerning the programs relating to the acquisition of
materials for the collections of the Library by non-purchase methods and
the disposition of surplus materials should be addressed to: Chief,
Exchange and Gift Division, Library of Congress, Washington, DC 20540.
[46 FR 35088, July 7, 1981. Redesignated at 46 FR 48663, Oct. 2, 1981,
and amended at 51 FR 22075, June 18, 1986; 61 FR 49262, Sept. 19, 1996]
Sec. 701.34 Contracting officers.
Incumbents of the following positions are authorized to contract for
materials and services on behalf of the Library of Congress and to
execute contracts in the areas as specified below. The Librarian of
Congress may further delegate contracting authority in specific
situations.
------------------------------------------------------------------------
Area of contracting
Library officers authority
------------------------------------------------------------------------
The Librarian of Congress................. All areas.
The Deputy Librarian of Congress.......... All areas.
The Associate Librarian of Congress....... All areas.
Associate Librarian for Management........ All areas except materials
for the Library's
collections.
Director, Congressional Research Service Agreements to procure
(CRS). experts or consultants
(including stenographic
reporters) pursuant to 2
U.S.C. 166(h)(2).
Assistant Librarian for Research Services. Performance fees for
readings, lectures,
dramatic fees, and the
Council of Scholars.
Director, Library Environment Resources Rental/space agreements with
Office. Government agencies.
[[Page 68]]
Director, Acquisitions and Overseas Agreements for bibliographic
Operations, Processing Services. services.
Director, National Library for the Blind Collection materials for the
and Physically Handicapped. Library's blind and
physically handicapped
program.
Director of Publishing.................... Agreements directly related
to publications of the
Publishing Office.
Chief, Procurement and Supply Division.... All areas except materials
for the Library's
collections.
Chief and Assistant Chief, Order Division. Purchased materials for the
Library's collections.
Chief and Assistant Chief, Exchange and Agreements involving all non-
Gift Division. purchase materials for the
Library's collections
(exchanges, gifts,
deposits, and so forth).
Chief, Financial Management Office, and Interagency agreements,
Budget Officer. entertainment, performance
of services by the Library
and interdepartmental
charges.
Chief, Manuscript Division................ Agreements involving the
Library's literature
programs (nonappropriated
funds).
Chief, Music Division..................... Agreements involving the
Library's music programs
(nonappropriated funds).
Exhibits Officer.......................... Agreements involving loans
of exhibits.
Staff Training and Development Officer.... Training agreements with
educational institutions.
------------------------------------------------------------------------
[52 FR 34383, Sept. 11, 1987]
Sec. 701.35 Credit and recognition policy on the use of the library name, seal, or logo.
(a) Purpose.
The purpose of this section is to assure that the Library of
Congress is properly and appropriately identified and credited as a
source of materials in publications that rely on Library resources, so
that the public may know that the resources in its national library are
being used productively in fulfillment of its mission.
(b) Definitions.
(1) Publication means any tangible expression of words or thoughts
in any form or format, including print, sound recording, television,
optical disc, software, online delivery, or other technology now known
or hereinafter created. It includes the whole range of tangible products
from simple signs, posters, pamphlets, and brochures to books,
television productions, and movies.
(2) Internal Library publication means a publication over which any
unit of the Library has complete or substantial control or
responsibility.
(3) Collaborative publications means those in which any unit of the
Library is providing more than routine assistance. The assistance may be
pursuant to a formal agreement or may simply be an extensive courtesy.
(4) Commercial publications means those known or likely to involve
subsequent mass distribution, whether by a for-profit or not-for-profit
organization or individual.
(5) Noncommercial user means an individual whose publication
includes a significant number of Library references, but the intended
purpose of which is personal, scholarly, or noncommercial.
(6) Official Library logo means any official seal of the Library.
(c) Credit and recognition policy.
(1) The name ``Library of Congress,'' or any abbreviation thereof,
is used officially to represent the Library of Congress and its
programs, projects, functions, activities, or elements thereof. In
addition, the Library recognizes that its name may be used
informationally by others in publications. Except as provided for in
this part, however, the use of the Library's name, explicitly or
implicitly to endorse materials in any publication, is prohibited.
(2) The Library of Congress seal symbolizes the Library's authority
and standing as an official agency of the U.S. Government. As such, it
shall be displayed only on official documents or publications of the
Library. The seal of the Library of Congress Trust Fund Board shall be
affixed to documents of that body as prescribed by the Librarian of
Congress. Procedures governing the use of any other Library of Congress
logo are set out in paragraphs (c)(3) through (c)(10) of this section.
(3) Questions regarding the appropriateness of the recognition or
credit shall be referred to the Public Affairs Office.
(4) Internal Publications. Each internal Library publication shall
include a copy of an official Library logo in a position, format, and
location suitable to the particular media involved. The logo may be
alone or in addition to an approved unit or activity logo, but
[[Page 69]]
shall be no less prominent than any other logo used, except in the cases
of the Copyright Office, the Congressional Research Service, and the
Center for the Book. Other exceptions to this policy may be made only if
a written request is approved by the Management Team member under whose
jurisdiction the publication falls.
(5) Collaborative/Commercial Publications
(i) Individuals with whom the Library is engaged in a collaborative
publication, and individuals requesting assistance for commercial
publications, shall be instructed regarding Library policy on credit,
recognition, and endorsement by the Library employee with whom they are
dealing.
(ii) Ordinarily, the Library logo accompanied by a concise
acknowledgement should appear in an appropriate and suitable location on
all collaborative and all commercial publications. The Library requires
that a credit line accompany reproductions of images from its
collections.
(iii) The size, location, and other attributes of the logo and
credit line should be positioned in such a way that they do not imply
Library endorsement of the publication unless such endorsement is
expressly intended by the Library, as would be the case in copublication
or coproduction activities. Use of the Library name or logo in any
context suggesting an explicit or implicit endorsement may be approved
in only those instances where the Library has sufficient expertise to
pass judgment on the subject matter, where that expertise has been
engaged or applied, and where the terms of the collaborative undertaking
are such that the Library has sufficient control over the publication to
make changes necessary to reflect Library expertise.
(iv) Library officers working on commercial publication projects
shall notify all collaborators of Library policy in writing if the
collaboration is arranged through an exchange of correspondence. A
statement of Library policy shall be incorporated into the agreement if
the terms of the collaboration are embodied in any written instrument,
such as a contract or letter of understanding.
(6) Noncommercial Users. Staff members assisting individuals who are
noncommercial users of Library resources shall encourage them to extend
the customary professional courtesy of acknowledging their sources in
publications, including films, television, and radio, and to use
approved credit lines.
(7) Each product acquired for resale by the Library that involves
new labeling or packaging shall bear a Library logo and shall contain
information describing the relevance of the item to the Library or its
collections. Items not involving new packaging shall be accompanied by a
printed description of the Library and its mission, with Library logo,
as well as the rationale for operating a gift shop program in a
statement such as, ``Proceeds from gift shop sales are used to support
the Library collections and to further the Library's educational
mission.''
(8) Each item authorized by the Library pursuant to a licensing
agreement (directly or through a third party) shall bear a Library logo
and shall contain information describing the relevance of the item to
the Library or its collections.
(9) Office Systems Services shall make available copies of the
Library seal or logo in a variety of sizes and formats, including
digital versions.
(10) Each service unit head shall be responsible for devising the
most appropriate way to carry out and enforce this policy.
(d) Violations.
(1) All violations or suspected violations of this section or of 18
U.S.C. 1017 shall be reported to the Office of the General Counsel as
soon as they become known.
(2) Whenever the General Counsel has determined that any person or
organization is engaged in or about to engage in an act or practice that
constitutes or will constitute conduct prohibited by this part or a
violation of any requirements of this section, the General Counsel shall
take whatever action necessary, including seeking the assistance of the
U.S. Department of Justice, to obtain injunctive relief or damages.
[59 FR 55812, Nov. 9, 1994]
[[Page 70]]
Sec. 701.36 Use of the Seal of the Library of Congress and the Library of Congress Trust Fund Board.
(a) The Seal is the official emblem of the Library of Congress and
its use is therefore permitted only on official documents or
publications of the Library.
(b) The Seal may be used on Library publications, leaflets,
brochures, letterhead, or other printed matter prepared as official
documents of the Library.
(c) The embossed Seal shall be used primarily to authenticate
contracts, agreements, certifications, and other documents signed by The
Librarian, or his/her designated representative(s).
(d) With the approval of The Associate Librarian of Congress, the
Seal may be used in cooperative programs in which the Library officially
engages with other organization(s).
(e) Any other use shall be approved in advance by The Associate
Librarian of Congress.
(f) The official Seal of the Library of Congress Trust Fund Board
shall be affixed to documents of that body as prescribed by The
Librarian of Congress.
(g) Any person or organization that uses the Library Seal or the
Seal of the Library of Congress Trust Fund Board in a manner other than
as authorized by the provisions of this section shall be subject to the
criminal provisions of 18 U.S.C. 1017.
[49 FR 8607, Mar. 8, 1984]
PART 702--CONDUCT ON LIBRARY PREMISES--Table of Contents
Sec.
702.1 Applicability.
702.2 Access to Library buildings and collections.
702.3 Conduct on Library premises.
702.4 Demonstrations.
702.5 Photographs.
702.6 Gambling.
702.7 Alcoholic beverages and controlled substances.
702.8 Weapons and explosives.
702.9 Use and carrying of food and beverages in Library buildings.
702.10 Inspection of property.
702.11 Protection of property.
702.12 Smoking In Library buildings.
702.13 Space for meetings and special events.
702.14 Soliciting, vending, debt collection, and distribution of
handbills.
702.15 Penalties.
Authority: Sec. 1, 29 Stat. 544, 546; 2 U.S.C. 136.
Sec. 702.1 Applicability.
The rules and regulations in this part apply to all Federal property
under the charge and control of the Librarian of Congress and to all
persons entering in or on such property.
[35 FR 19019, Dec. 16, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973]
Sec. 702.2 Access to Library buildings and collections.
Admittance and movement of visitors in Library buildings will be
restricted to the areas providing facilities and services to the public
during announced hours of public opening. Persons having legitimate
business in areas closed to the public may be admitted after
identification by responsible officials in the building or by authority
as evidenced by a building access pass issued by the Associate Librarian
for Management.
[35 FR 19019, Dec. 16, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973, and amended at 46 FR 48663, Oct. 2, 1981]
Sec. 702.3 Conduct on Library premises.
(a) All persons using the premises shall conduct themselves in such
manner as not to affect detrimentally the peace, tranquility, and good
order of the Library. Such persons shall:
(1) Use areas that are open to them only at the times those areas
are open to them and only for the purposes for which those areas are
intended;
(2) Comply with any lawful order of the police or of other
authorized individuals; and
(3) Comply with official signs of a restrictive or directory nature.
(b) All persons using the premises shall refrain from:
(1) Creating any hazard to persons or property, such as by fighting
or by throwing or deliberately dropping any breakable article, such as
glass, pottery, or any sharp article, or stones or other missiles;
[[Page 71]]
(2) Using Library facilities for living accommodation purposes, such
as unauthorized bathing, sleeping, or storage of personal belongings,
regardless of the specific intent of the individual;
(3) Engaging in inordinately loud or noisy activities;
(4) Disposing of rubbish other than in receptacles provided for that
purpose;
(5) Throwing articles of any kind from or at a Library building or
appurtenance;
(6) Committing any obscene or indecent act such as prurient prying,
indecent exposure, and soliciting for illegal purposes;
(7) Removing, defacing, damaging, or in any other way so misusing a
statue, seat, wall, fountain, or other architectural feature or any
tree, shrub, plant, or turf;
(8) Stepping upon or climbing upon any statue, fountain, or other
ornamental architectural feature or any tree, shrub, or plant;
(9) Bathing or swimming in any fountain;
(10) Painting, marking or writing on, or posting or otherwise
affixing any handbill or sign upon any part of a Library building or
appurtenance, except on bulletin boards installed for that purpose and
with the appropriate authorization;
(11) Bringing any animal onto Library buildings and turf other than
dogs trained to assist hearing or visually impaired persons;
(12) Threatening the physical well-being of an individual; and
(13) Unreasonably obstructing reading rooms, food service
facilities, entrances, foyers, lobbies, corridors, offices, elevators,
stairways, or parking lots in such manner as to impede or disrupt the
performance of official duties by the Library staff or to prevent
Library patrons from using or viewing the collections.
(c) Public reading rooms, research facilities, and catalog rooms are
designated as nonpublic forums. As such, they shall be used only for
quiet scholarly research or educational purposes requiring use of
Library materials. All persons using these areas shall comply with the
rules in effect in the various public reading rooms, shall avoid
disturbing other readers, and shall refrain from, but not limited to,
(1) Eating, drinking, or smoking in areas where these activities are
expressly prohibited;
(2) Using loud language or making disruptive noises;
(3) Using any musical instrument or device, loudspeaker, sound
amplifier, or other similar machine or device for the production or
reproduction of sound, except for devices to assist hearing or visually
impaired persons, without authorization;
(4) Interfering by offensive personal hygiene with the use of the
area by other persons;
(5) Spitting, defecating, urinating, or similar disruptive
activities;
(6) Intentionally abusing the furniture or furnishings in the area;
(7) Intentionally damaging any item from the collections of the
Library of Congress or any item of Library property;
(8) Using computing terminals for purposes other than searching or
training persons to search the Library's data bases or those under
contract to the Library, or misusing the terminals by intentional
improper or obstructive searching; and
(9) Using the Library's photocopy machines for purposes other than
copying Library materials whenever other persons are waiting in line.
[52 FR 672, Jan. 8, 1987]
Sec. 702.4 Demonstrations.
(a) Library buildings and grounds are designated as limited public
forums, except for those areas designated as nonpublic forums. However,
only Library grounds (defined in 2 U.S.C. 167j), not buildings, may be
utilized for demonstrations, including assembling, marching, picketing,
or rallying. In addition, as the need for the determination of other
matters arises, The Librarian will determine what additional First
Amendment activities may not be permitted in a limited public forum. In
making such determination, The Librarian will consider only whether the
intended activity is incompatible with the primary purpose and intended
use of that area.
[[Page 72]]
(b) The only areas of the Library grounds that are designated for
use for demonstrations are the following:
(1) Thomas Jefferson Building: The Neptune Plaza and the interior
sidewalks on the north and south sides of the building;
(2) John Adams Building: The plaza in front of the south entrance to
the building; and
(3) James Madison Building: The portion of Independence Plaza
between the pylons that demarcate the driveway and Independence Avenue,
and the western and eastern ends of the plaza beyond the ramps for the
handicapped.
(c) Persons seeking to use such designated areas for the purpose of
demonstrations shall first secure written permission from the Associate
Librarian for Management. An application for such permission shall be
filed with the Library Support Services Office no later than three
workdays before the time of the proposed demonstration. Permission to
demonstrate shall be based upon--
(1) The availability of the requested location and
(2) The likelihood that the demonstration will not interfere with
Library operations or exceed city noise limitations as defined by
District of Columbia regulations (26 D.C. Reg. 229 and 24 D.C. Reg.
293).
(d) No person(s) having permission to demonstrate pursuant to this
Regulation shall at any time block either the entrances to or exits from
the Library buildings nor shall such person(s) harass, intimidate, or
otherwise interfere with the use of the Library's facilities by persons
not participating in the demonstration.
[52 FR 672, Jan. 8, 1987]
Sec. 702.5 Photographs.
Photographs for advertising or commercial purposes may be taken only
with the permission of the Library's Information Officer. Cameras and
other photographic equipment may be carried on the premises, but their
use in certain areas may be restricted by rules or posted signs. Persons
using still, motion picture, or video cameras with flash attachments or
lights or with tripods or other stationary equipment shall obtain the
prior permission of the Library's Information Officer.
[52 FR 672, Jan. 8, 1987]
Sec. 702.6 Gambling.
Participation in any illegal gambling, such as the operation of
gambling devices, the conduct of an illegal pool or lottery, or the
unauthorized sale or purchase of numbers or lottery tickets, on the
premises is prohibited.
[52 FR 673, Jan. 8, 1987]
Sec. 702.7 Alcoholic beverages and controlled substances.
(a) The use of alcoholic beverages on the premises is prohibited
except on official occasions for which advance written approval has been
given by the Associate Librarian for Management and except for
concessionaires to whom Library management has granted permission to
sell alcoholic beverages on the premises.
(b) The illegal use or possession of controlled substances on the
premises is prohibited.
[52 FR 673, Jan. 8, 1987]
Sec. 702.8 Weapons and explosives.
Except where duly authorized by law, and in the performance of law
enforcement functions, no person shall carry firearms, other dangerous
or deadly weapons, or explosives, either openly or concealed, while on
the premises.
[52 FR 673, Jan. 8, 1987]
Sec. 702.9 Use and carrying of food and beverages in Library buildings.
Consumption of food and beverages in Library buildings is prohibited
except at point of purchase or other authorized eating places. Under no
circumstances may food or beverages be carried to the bookstacks or
other areas where there exists significant risk to Library materials or
property or where there may result a detraction from the dignity or
efficiency of public service.
[35 FR 19019, Dec. 16, 1970. Redesignated at 38 FR 27049, Sept. 28, 1973
and 52 FR 672, Jan. 8, 1987]
[[Page 73]]
Sec. 702.10 Inspection of property.
(a) Individuals entering Library buildings do so with the
understanding that all property in their possession including, but not
limited to, suitcases, briefcases, large envelopes, packages, and office
equipment may be inspected.
(b) Upon entering the Library buildings privately owned office
machines including but not limited to typewriters, computing machines,
stenotype machines, and dictating machines, shall be registered at the
guard's desk at the entrance to buildings for the purpose of controlling
such equipment.
(c) In the discharge of official duties, Library officials are
authorized to inspect Government-owned or furnished property assigned to
readers and the general public for their use, such as cabinets, lockers,
and desks. Unauthorized property or contraband found in the possession
of members of the Library staff, readers, or the general public as a
result of such inspections will be subject to confiscation by Library
officials.
[35 FR 19019, Dec. 16, 1970. Redesignated at 38 FR 27049, Sept. 28, 1973
and 52 FR 672, Jan. 8, 1987]
Sec. 702.11 Protection of property.
(a) Any person who shall steal, wrongfully deface, injure, mutilate,
tear, or destroy library materials, or any portion thereof, shall be
punished by a fine of not more than $2,000 or imprisoned not more than 3
years, or both (18 U.S.C. 641; 18 U.S.C. 1361; 18 U.S.C. 2071; and 22
D.C. Code 3106).
(b) Any person who embezzles, steals, purloins, or, without
authority, disposes of anything of value of the United States, or
willfully injures or commits any depredation against any Government
property shall be punished by a fine of not more than $10,000 or
imprisoned not more than 10 years, or both; but if the value of such
property does not exceed the sum of $100, he shall be fined not more
than $1,000 or imprisoned not more than 1 year, or both. (18 U.S.C. 641
and 18 U.S.C. 1361.)
[35 FR 19019, Dec. 16, 1970. Redesignated at 38 FR 27049, Sept. 28,
1973, and amended at 46 FR 48664, Oct. 2, 1981; further redesignated at
52 FR 672, Jan. 8, 1987]
Sec. 702.12 Smoking in Library buildings.
Smoking in Library buildings is prohibited except in those areas
specifically designated for this purpose.
[35 FR 19019, Dec. 16, 1970. Redesignated at 38 FR 27049, Sept. 28, 1973
and 52 FR 672, Jan. 8, 1987]
Sec. 702.13 Space for meetings and special events.
The use of ``meeting places'' in the Library shall be limited to
official staff functions, or functions sponsored by the Library. The
Library's facilities are not available for meetings, performances or
special events that: (a) Involve any organization practicing or
promoting discrimination based upon race, religion, color, sex, age,
marital status, handicap, national origin, or political affiliation; (b)
have a partisan political, sectarian, or similar nature or purpose; (c)
are sponsored by profit-making organizations that promote commercial
enterprises or commodities.
[46 FR 48664, Oct. 2, 1981. Redesignated at 52 FR 672, Jan. 8, 1987]
Sec. 702.14 Soliciting, vending, debt collection, and distribution of handbills.
(a) The soliciting of alms and contributions, commercial soliciting
and vending of all kinds, the display or distribution of commercial
advertising, the offering or exposing of any article for sale, or the
collecting of private debts on the grounds or within the buildings of
the Library is prohibted. This rule does not apply to national or local
drive for funds for welfare, health, or other purposes sponsored or
approved by The Librarian of Congress, nor does it apply to authorized
concessions, vending devices in approved areas, or as specifically
allowed by the Associate Librarian for Management.
(b) Distribution of material such as pamphlets, handbills, and
flyers is prohibited without prior approval of the Associate Librarian
for Management.
(c) Peddlers and solicitors will not be permitted to enter Library
buildings unless they have a specific appointment, and they will not be
permitted to canvass Library buildings.
[52 FR 673, Jan. 8, 1987]
[[Page 74]]
Sec. 702.15 Penalties.
(a) Persons violating provisions of 2 U.S.C. 167a to 167e,
inclusive, regulations promulgated pursuant to 2 U.S.C. 167f, this
Regulation, or other applicable Federal laws relating to the Library's
property, including its collections, are subject to removal from the
premises, to arrest, and to any additional penalties prescribed by law.
In instances of mutilation or theft of Library materials or other
Library property, prosecution by appropriate authorities shall be in
accordance with the provisions of the statutes cited in Sec. 702.11.
(b) Upon written notification by the Associate Librarian for
Management, disruptive persons may be denied further access to the
premises and may be prohibited from further use of the Library's
facilities.
(1) Within three workdays of receipt of such notification, an
affected individual may make a written request, including the reasons
for such a request, to the Associate Librarian for Management for a
reconsideration of said notification.
(2) The Associate Librarian for Management shall respond within
three workdays of receipt of such request for reconsideration and may,
at his or her option, rescind, modify, or reaffirm said notification.
[52 FR 673, Jan. 8, 1987]
PART 703--AVAILABILITY OF LIBRARY OF CONGRESS RECORDS--Table of Contents
Sec.
703.1 Policy.
703.2 Records covered.
703.3 Exemptions.
703.4 Procedures for inspection and copying of records.
703.5 Public reading facility.
703.6 Fees.
Authority: 2 U.S.C. 136.
Source: 41 FR 2230, Jan. 15, 1976, unless otherwise noted.
Sec. 703.1 Policy.
Subject to limitations set forth in this part, Library of Congress
records are available as hereinafter provided and shall be furnished as
promptly as possible within the Library to any member of the public at
appropriate places and times and at an appropriate fee, if any. Although
this policy reflects the public information section of the
Administrative Procedure Act (5 U.S.C. 552, et seq.) as amended, the
application of that legislation to the Library of Congress is not to be
inferred; nor should this document be considered as conferring on any
member of the public a right under that Act of access to or information
from the records of the Library.