[Federal Register Volume 65, Number 29 (Friday, February 11, 2000)]
[Rules and Regulations]
[Pages 6896-6903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3185]



[[Page 6896]]

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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

36 CFR Part 327


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

AGENCY: U.S. Army Corps of Engineers, DOD.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers has amended the rules and 
regulations governing public use of water resources development 
projects administered by the Chief of Engineers. This final rulemaking 
supersedes the regulation dated September 3, 1985 and is designed to 
ensure safe, enjoyable and environmentally sound visitation on the 
public lands, free from unwarranted disturbances. This is accomplished 
by setting minimum standards of conduct for individuals using the 
public lands and establishing penalties that may be imposed for failure 
to obey the regulations.
    These rules and regulations apply to water resources development 
projects completed or under construction, which are administered by the 
Chief of Engineers, and to those portions of jointly administered water 
resources development projects, which are under the administrative 
jurisdiction of the Chief of Engineers.

EFFECTIVE DATE: April 1, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Austin, Outdoor Recreation 
Planner, 202-761-1796.

SUPPLEMENTARY INFORMATION:

I. Comments on the Proposed Rule

    Thirteen responses were received pertaining to the following six 
paragraphs of the regulation:
    36 CFR 327.1(e)  Policy. One commentator questioned the use of the 
word ``outgranted'', stating that it should not be used since it is not 
included in the Webster Collegiate Dictionary.
    The word outgranted is an appropriate and legally acceptable term 
as defined in Army Regulation 405-80 (10 October 1997) as ``a legal 
document which conveys or grants the right to use Army-controlled real 
property''. No changes are necessary to this paragraph.
    36 CFR 327.3(k)  Vessels. One commentator expressed concern as to 
whether the Corps would still have authority to enforce boating 
regulations under the proposed new language.
    Enforcement responsibility will remain unchanged under the revised 
regulation. The language is essentially the same as the previous 
edition (Sept. 3, 1985) and is exactly the same as paragraph 327.2h 
(Vehicles) which also specifies that the operation of a vehicle must be 
``in accordance with applicable Federal, state and local laws, which 
shall be regulated by authorized enforcement officials as prescribed in 
Sec. 327.26.'' No changes are necessary to this paragraph.
    36 CFR 327.7(c).  Camping. One commentator questioned the 
elimination of the ``overnight occupancy'' requirement, stating that 
the new language could allow reserved sites to be unoccupied for up to 
14 days without penalty.
    The intent of Corps policy is to encourage the actual occupancy of 
all reserved campsites. Based on this comment, the phrase ``without 
daily occupancy'' has been inserted between the words ``campsite'' and 
``for the purpose.''
    One commentator also questioned the use of the word 
``unauthorized'', stating that the word could be interpreted to mean 
that authorized placement of equipment or personal appearance (for the 
purposes of reserving a campsite) is acceptable.
    The term ``unauthorized'' acknowledges that there may be instances 
where there are ``authorized'' placement of equipment at a site 
depending on local management policies. For example, when an entrance 
station is closed, many projects place a sign in the window instructing 
the camper to select an unoccupied site, set up camp and report back 
when the entrance station reopens. Eliminating the term 
``unauthorized'' would cause this management practice to be in 
violation of 36 CFR 327. The term ``unauthorized'' will remain in this 
paragraph.
    36 CFR 327.7(e)  Camping. One commentator suggested that the words 
``is posted'' be removed from the paragraph, stating that this phrase 
could be interpreted to mean that campsites must be physically posted 
by a sign, site marker, etc.
    For the safety and convenience of all visitors, a method of 
indicating that a site has been reserved (either by physical posting or 
by other means) is necessary to avoid possible user conflicts. As a 
result of this comment, the phrase ``or otherwise marked or indicated'' 
has been inserted between the phrase ``is posted'' and before the 
phrase ``as reserved''.
    36 CFR 327.20  Unauthorized Structures. Several commentators 
expressed concern about adding the words ``hunting stands or blinds'' 
to the list of items that can only be placed on project lands or waters 
with a prior permit or other appropriate written authorization by the 
District Commander.
    As a result of these comments, the language has been changed to 
allow for the use of portable hunting stands or blinds without having 
to obtain a permit or other written approval by the District Commander. 
The term ``non-portable'' will be inserted between the words ``signs'' 
and ``hunting stands''. A second sentence will be added to state, 
``Portable hunting stands, climbing devices, steps, or blinds, that are 
not nailed or screwed into trees and are removed at the end of the 
day's hunt may be used''.
    36 CFR 327.21(a).  Special Events. Several commentators expressed 
concern over adding ``fishing tournaments'' to the list of special 
events items that are prohibited unless written permission has been 
granted by the District Commander. Some of these commentators requested 
that a size limit be set, allowing tournaments under 30 boats to be 
conducted without a permit. Upon further review, fishing tournaments 
will remain in the regulation as stated due to the size and other 
variations of Corps projects nationwide. However, to increase 
flexibility, the following sentence has been added after the first 
sentence of the paragraph: ``Where appropriate, District Commanders can 
provide the state a blanket letter of permission to permit fishing 
tournaments while coordinating the scheduling and details of 
tournaments with individual projects''.

II. Amendments

    The following amendments to 36 CFR Chapter III Part 327, as further 
revised based on the comments received through the Proposed Rule 
process, are necessary to clarify and strengthen selected regulations 
for more effective management and to enhance public safety and 
enjoyment of Corps water resource development projects. Some of the 
sections have been reworded and/or have had information added or 
deleted to clarify the regulations. These minor changes are editorial 
in nature and have been made to express the intent of the regulation 
more concisely, and to maintain consistency with existing Public Laws.

Discussion of Specific Rule Changes

    In Part 327, Secs. 327.1 through 327.26, all references to 
``District Engineer'' have been changed to read ``District Commander.''

[[Page 6897]]

36 CFR 327.0  Applicability
    Section 327.0 is republished with no changes.
36 CFR 327.1  Policy
    Section 327.1, paragraph (h), is revised to better define the 
responsibility of an operator or owner of any vehicle, vessel, or 
aircraft. Paragraph (i) is added to define the responsibility of a 
registered user of a campsite, picnic area, or other facility.
36 CFR 327.2  Vehicles
    Section 327.2, paragraphs (b) and (d), is edited for consistency. A 
portion of a sentence has been moved from paragraph (d) into a new 
paragraph (h) to emphasize the laws and regulating authority for the 
operation of vehicles. Paragraph (e) is revised by removing the word 
``project'' and paragraph (f) is revised by using the word 
``designated'' to define the recreation area.
36 CFR 327.3  Vessels
    Section 327.3, paragraph (a), is revised to substitute the term 
``personal watercraft'' for ``jetskis'' and to add navigation on ice. A 
portion of a sentence has been moved from paragraph (c) into a new 
paragraph (k) to emphasize the laws and regulating authority for the 
operation of vessels. Paragraph (d) is rewritten for ease of 
readability and to include environmental features. Paragraph (e) has 
been edited for clarity and to include requirements of enforcement for 
non-compliance. Paragraph (h) has been modified to include a 
restriction about mooring vessels to project structures.
36 CFR 327.4  Aircraft
    Section 327.4 is revised to include environmental features in 
paragraph (c), and the retrieval of person or material or equipment 
from project lands, and the use of balloons in paragraph (e). Paragraph 
(f)(3) is revised to be consistent with other sections, and to more 
concisely define navigation rules. Paragraph (f)(6) is revised to 
remove repetitiveness.
36 CFR 327.5  Swimming
    Section 327.5, paragraph (a), is updated to include wading and 
public docks, and the last sentence is removed to eliminate 
repetitiveness with paragraph (c) of this section. Paragraph (b) is 
revised to include appropriate terminology. Paragraph (c) is revised to 
include the activity of swinging, and to include trees and structures 
which are adjacent to project waters.
36 CFR 327.6  Picnicking
    Section 327.6 is revised for consistency with current Corps of 
Engineers terminology.
36 CFR 327.7  Camping
    Section 327.7 is revised to comply with the National Recreation 
Reservation Service.
36 CFR 327.8  Hunting, Fishing, and Trapping
    Section 327.8 is revised by breaking out each activity into 
separate paragraphs for better clarification.
36 CFR 327.9  Sanitation
    Section 327.9, paragraph (a), is revised to include gray water. 
Paragraph (b) is revised to clarify the responsibility of the owner of 
garbage as defined in this section. Paragraph (c) is revised to include 
disposal of wastes for consistency with other paragraphs in this 
section.
36 CFR 327.10  Fires
    Section 327.10, paragraph (b), is revised to include floatation 
materials and to clarify the regulation of open burnings for 
environmental considerations.
36 CFR 327.11  Control of Animals
    Section 327.11, paragraph (a), is revised to include waters 
adjacent to developed recreation areas; to include a sentence which 
provides enforcement for animals which unreasonably disturb other 
people; to include the prohibition of animals and pets on playgrounds; 
and to include a sentence on the prohibition of abandoning any animal 
on project lands or waters. Paragraph (b) is revised to remove the 
words, ``in sanitary facilities''. The word ``trails'' is added to 
paragraph (c) for clarification on the types of recreation areas at 
Corps projects. Paragraph (g) is added to this section to restrict the 
presence of wild or exotic pets and animals, or any pets or animals 
displaying vicious or aggressive behavior or posing a threat to public 
safety or deemed a public nuisance on project lands and waters unless 
authorized by the District Commander.
36 CFR 327.12  Restrictions
    Section 327.12 is revised by adding resource protection to the list 
of reasons that a District Commander may close or restrict the use of a 
project or portion of a project. Paragraph (c) has been modified by 
changing the phrase ``the safety of another person'' to ``the safety of 
any person''. The list of audio producing devices has been removed in 
paragraph (d) and is now generalized to read as a ``sound producing 
device'' and generators have been added to the examples of motorized 
equipment. Paragraph (e) is added to clarify the potential prohibition 
of alcohol on project lands. Paragraph (f) is added to reflect 
requirements in E.O. 13058, August 9, 1997.
36 CFR 327.13  Explosives, Firearms, Other Weapons and Fireworks
    Section 327.13 is revised by adding the words ``other weapons'' to 
paragraph (a). Information on explosives and fireworks is moved from 
paragraph (a) into a new paragraph (b) for clarification purposes.
36 CFR 327.14  Public Property
    Section 327.14 is revised to include paleontological resources, and 
boundary monumentation or markers in paragraph (a). Paragraph (c) is 
revised to include clarification on site specific prohibitions. 
Paragraph (d) is added for clarification on metal detectors and is in 
conformance with existing Corps regulations.
36 CFR 327.15  Abandonment and Impoundment of Personal Property
    Section 327.15, paragraph (a), is revised to include public safety 
or resource protection to the reasons for closure of a public use area. 
Paragraphs (b) and (c) are switched for better readability. Paragraph 
(b) is revised to include private facilities, and to include the 
impoundment of property for consistency with paragraph (c). Paragraph 
(c) is revised to increase the fair market value of property which may 
be disposed of after 90 days, and to correct the word ``covered'' to 
``conveyed.''
36 CFR 327.16  Lost and Found Articles
    Section 327.16 is revised for consistency with current Corps of 
Engineers terminology.
36 CFR 327.17  Advertisement
    Section 327.17 is revised for consistency with current Corps of 
Engineers terminology.
36 CFR 327.18  Commercial Activities
    Section 327.18 is revised by adding the words ``project lands or 
waters'', to clarify where the solicitation of business is prohibited.
36 CFR 327.19  Permits
    Section 327.19, paragraph (b), is revised for consistency with 
current Corps of Engineers terminology. The words ``Rivers and 
Harbors'' are added to paragraph (c) for clarification of the

[[Page 6898]]

referenced Act. The words ``Water Quality'' are added to paragraph (d) 
for clarification on the type of required certification.
36 CFR 327.20  Unauthorized Structures
    Section 327.20 is revised to include non-portable hunting stands or 
blinds, buoys, and docks in the list of structures for purposes of 
clarification. The section is also revised by changing the word 
``agreement'' to ``authorization'' for consistency within the document.
36 CFR 327.21  Special Events
    Section 327.21, paragraph (a), is revised to include fishing 
tournaments in the list of special events. The following sentence has 
been added to the paragraph: ``Where appropriate, District Commanders 
can provide the state a blanket letter of permission to permit fishing 
tournaments while coordinating the scheduling and details of 
tournaments with individual projects''. Paragraph (b) is revised to 
include the restoration of an area to pre-event conditions for 
consistency with Corps of Engineers regulations.
36 CFR 327.22  Unauthorized Occupation
    Section 327.22 is revised for consistency with current Corps of 
Engineers terminology.
36 CFR 327.23  Recreation Use Fees
    Section 327.22 is revised by removing paragraph (b) and 
incorporating the information contained in this paragraph into 
paragraph (a) for better readability. Paragraph (c) is redesignated as 
paragraph (b) and a new paragraph (c) is added to include a prohibition 
on the failure to pay day use fees and to properly display the day use 
pass. A prohibition about the fraudulent use of a Golden Age or Golden 
Access Passports is added to paragraph (d). Paragraph (e) is removed 
for consistency with the National Recreation Reservation Service.
36 CFR 327.24  Interference With Government Employees
    Section 327.24, paragraph (a), is revised to include the words 
``attempt to kill, or kill,'' for consistency with Title 18, United 
States Code. Paragraph (b) is revised to include the words 
``information deemed necessary for,'' to provide clarification on type 
of other identification which may be required by a Federal employee in 
the performance of issuing citations.
36 CFR 327.25  Violations of Rules and Regulations
    Section 327.25 is revised to increase the amount of the maximum 
fine in accordance with 18 USC, section 3571, and to remove duplicate 
words.
36 CFR 327.26  State and Local Laws
    Section 327.26 is revised to include the ``possession'' of firearms 
or other weapons, and ``alcohol or other controlled substances'' to the 
list of examples which are governed by state and local laws and 
ordinances. The paragraphs in this section have been renumbered for 
consistency and better readability.
36 CFR 327.30 and 327.31
    These sections are not amended in this proposed rule.

III. Required Determinations

Executive Order 12291

    This final rule is not a major rule as defined by Executive Order 
12291.

Regulatory Flexibility Act Determination (5 U.S.C. 601 et seq.)

    As required by the Regulatory Flexibility Act, the U.S. Army Corps 
of Engineers certifies that these regulatory amendments will not have a 
significant impact on small business entities. This rule is an update 
to the current regulations governing public use on Corps of Engineers 
Water Resources Development Projects.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This final rule does not contain information collection 
requirements that require approval by OMB under the Paperwork Reduction 
Act.

Unfunded Mandates Reform Act (2 U.S.C. 1502 et seq.)

    This rulemaking will not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It will not result in costs of 
$100 million or more on State, local, or tribal governments or private 
entities.

    Dated: February 3, 2000.

    Approved:
Eric R. Potts,
Colonel, Corps of Engineers, Executive Director for Civil Works.

List of Subjects in 36 CFR Part 327

    Natural resources, Penalties, Public lands, Recreation and 
recreation areas, Resource management, Water resources.

    For the reasons set forth in the preamble, amend Part 327 of Title 
36 of the Code of Federal Regulations as follows:

PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER 
RESOURCES DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF 
ENGINEERS

    1. The authority citation for Part 327 is revised to read as 
follows:

    Authority: 16 U.S.C. 460d; 16 U.S.C. 4601-6a; Sec. 210, Pub. L. 
90-483, 82 Stat. 746.; 33 U.S.C. 1, 28 Stat. 362.


    2. Sections 327.0 through 327.26 are revised to read as follows:


Sec. 327.0  Applicability.

    The regulations covered in this part 327 shall be applicable to 
water resources development projects, completed or under construction, 
administered by the Chief of Engineers, and to those portions of 
jointly administered water resources development projects which are 
under the administrative jurisdiction of the Chief of Engineers. All 
other Federal, state and local laws and regulations remain in full 
force and effect where applicable to those water resources development 
projects.


Sec. 327.1  Policy.

    (a) It is the policy of the Secretary of the Army, acting through 
the Chief of Engineers, to manage the natural, cultural and developed 
resources of each project in the public interest, providing the public 
with safe and healthful recreational opportunities while protecting and 
enhancing these resources.
    (b) Unless otherwise indicated in this part, the term ``District 
Commander'' shall include the authorized representatives of the 
District Commander.
    (c) The term ``project'' or ``water resources development project'' 
refers to the water areas of any water resources development project 
administered by the Chief of Engineers, without regard to ownership of 
underlying land, to all lands owned in fee by the Federal Government 
and to all facilities therein or thereon of any such water resources 
development project.
    (d) All water resources development projects open for public use 
shall be available to the public without regard to sex, race, color, 
creed, age, nationality or place of origin. No lessee, licensee, or 
concessionaire providing a service to the public shall discriminate 
against any person because of sex, race, creed, color, age, nationality 
or place of origin in the conduct of the operations under the lease, 
license or concession contract.
    (e) In addition to the regulations in this part 327, all applicable 
Federal,

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state and local laws and regulations remain in full force and effect on 
project lands or waters which are outgranted by the District Commander 
by lease, license or other written agreement.
    (f) The regulations in this part 327 shall be deemed to apply to 
those lands and waters which are subject to treaties and Federal laws 
and regulations concerning the rights of Indian Nations and which lands 
and waters are incorporated, in whole or in part, within water 
resources development projects administered by the Chief of Engineers, 
to the extent that the regulations in this part 327 are not 
inconsistent with such treaties and Federal laws and regulations.
    (g) Any violation of any section of this part 327 shall constitute 
a separate violation for each calendar day in which it occurs.
    (h) For the purposes of this part 327, the operator of any vehicle, 
vessel or aircraft as described in this part, shall be presumed to be 
responsible for its use on project property. In the event where an 
operator cannot be determined, the owner of the vehicle, vessel, or 
aircraft, whether attended or unattended, will be presumed responsible. 
Unless proven otherwise, such presumption will be sufficient to issue a 
citation for the violation of regulations applicable to the use of such 
vehicle, vessel or aircraft as provided for in Sec. 327.25.
    (i) For the purposes of this part 327, the registered user of a 
campsite, picnic area, or other facility shall be presumed to be 
responsible for its use. Unless proven otherwise, such presumption will 
be sufficient to issue a citation for the violation of regulations 
applicable to the use of such facilities as provided for in 
Sec. 327.25.


Sec. 327.2  Vehicles.

    (a) This section pertains to all vehicles, including, but not 
limited to, automobiles, trucks, motorcycles, mini-bikes, snowmobiles, 
dune buggies, all-terrain vehicles, and trailers, campers, bicycles, or 
any other such equipment.
    (b) Vehicles shall not be parked in violation of posted 
restrictions and regulations, or in such a manner as to obstruct or 
impede normal or emergency traffic movement or the parking of other 
vehicles, create a safety hazard, or endanger any person, property or 
environmental feature. Vehicles so parked are subject to removal and 
impoundment at the owner's expense.
    (c) The operation and/or parking of a vehicle off authorized 
roadways is prohibited except at locations and times designated by the 
District Commander. Taking any vehicle through, around or beyond a 
restrictive sign, recognizable barricade, fence, or traffic control 
barrier is prohibited.
    (d) Vehicles shall be operated in accordance with posted 
restrictions and regulations.
    (e) No person shall operate any vehicle in a careless, negligent or 
reckless manner so as to endanger any person, property or environmental 
feature.
    (f) At designated recreation areas, vehicles shall be used only to 
enter or leave the area or individual sites or facilities unless 
otherwise posted.
    (g) Except as authorized by the District Commander, no person shall 
operate any motorized vehicle without a proper and effective exhaust 
muffler as defined by state and local laws, or with an exhaust muffler 
cutout open, or in any other manner which renders the exhaust muffler 
ineffective in muffling the sound of engine exhaust.
    (h) Vehicles shall be operated in accordance with applicable 
Federal, state and local laws, which shall be regulated by authorized 
enforcement officials as prescribed in Sec. 327.26.


Sec. 327.3  Vessels.

    (a) This section pertains to all vessels or watercraft, including, 
but not limited to, powerboats, cruisers, houseboats, sailboats, 
rowboats, canoes, kayaks, personal watercraft, and any other such 
equipment capable of navigation on water or ice, whether in motion or 
at rest.
    (b) The placement and/or operation of any vessel or watercraft for 
a fee or profit upon project waters or lands is prohibited except as 
authorized by permit, lease, license, or concession contract with the 
Department of the Army. This paragraph shall not apply to the operation 
of commercial tows or passenger carrying vessels not based at a Corps 
project which utilize project waters as a link in continuous transit 
over navigable waters of the United States.
    (c) Vessels or other watercraft may be operated on the project 
waters, except in prohibited or restricted areas, in accordance with 
posted regulations and restrictions, including buoys. All vessels or 
watercraft so required by applicable Federal, state and local laws 
shall display an appropriate registration on board whenever the vessel 
is on project waters.
    (d) No person shall operate any vessel or other watercraft in a 
careless, negligent, or reckless manner so as to endanger any person, 
property, or environmental feature.
    (e) All vessels, when on project waters, shall have safety 
equipment, including personal flotation devices, on board in compliance 
with U.S. Coast Guard boating safety requirements and in compliance 
with boating safety laws issued and enforced by the state in which the 
vessel is located. Owners or operators of vessels not in compliance 
with this section may be requested to remove the vessel immediately 
from project waters until such time as items of non-compliance are 
corrected.
    (f) Unless otherwise permitted by Federal, state or local law, 
vessels or other watercraft, while moored in commercial facilities, 
community or corporate docks, or at any fixed or permanent mooring 
point, may only be used for overnight occupancy when such use is 
incidental to recreational boating. Vessels or other watercraft are not 
to be used as a place of habitation or residence.
    (g) Water skis, parasails, ski-kites and similar devices are 
permitted in nonrestricted areas except that they may not be used in a 
careless, negligent, or reckless manner so as to endanger any person, 
property or environmental feature.
    (h) Vessels shall not be attached or anchored to structures such as 
locks, dams, buoys or other structures unless authorized by the 
District Commander. All vessels when not in actual use shall be removed 
from project lands and waters unless securely moored or stored at 
designated areas approved by the District Commander. The placing of 
floating or stationary mooring facilities on, adjacent to, or 
interfering with a buoy, channel marker or other navigational aid is 
prohibited.
    (i) The use at a project of any vessel not constructed or 
maintained in compliance with the standards and requirements 
established by the Federal Safe Boating Act of 1971 (Pub. L. 92-75, 85 
Stat. 213), or promulgated pursuant to such act, is prohibited.
    (j) Except as authorized by the District Commander, no person shall 
operate any vessel or watercraft without a proper and effective exhaust 
muffler as defined by state and local laws, or with an exhaust muffler 
cutout open, or in any other manner which renders the exhaust muffler 
ineffective in muffling the sound of engine exhaust.
    (k) All vessels or other watercraft shall be operated in accordance 
with applicable Federal, state and local laws, which shall be regulated 
by authorized enforcement officials as prescribed in Sec. 327.26.


Sec. 327.4  Aircraft.

    (a) This section pertains to all aircraft including, but not 
limited to, airplanes, seaplanes, helicopters, ultra-light aircraft, 
motorized hang gliders, hot air

[[Page 6900]]

balloons, any non-powered flight devices or any other such equipment.
    (b) The operation of aircraft on project lands at locations other 
than those designated by the District Commander is prohibited. This 
provision shall not be applicable to aircraft engaged on official 
business of Federal, state or local governments or law enforcement 
agencies, aircraft used in emergency rescue in accordance with the 
directions of the District Commander or aircraft forced to land due to 
circumstances beyond the control of the operator.
    (c) No person shall operate any aircraft while on or above project 
waters or project lands in a careless, negligent or reckless manner so 
as to endanger any person, property or environmental feature.
    (d) Nothing in this section bestows authority to deviate from rules 
and regulations or prescribed standards of the appropriate State 
Aeronautical Agency, or the Federal Aviation Administration, including, 
but not limited to, regulations and standards concerning pilot 
certifications or ratings, and airspace requirements.
    (e) Except in extreme emergencies threatening human life or serious 
property loss, the air delivery or retrieval of any person, material or 
equipment by parachute, balloon, helicopter or other means onto or from 
project lands or waters without written permission of the District 
Commander is prohibited.
    (f) In addition to the provisions in paragraphs (a) through (e) of 
this section, seaplanes are subject to the following restrictions:
    (1) Such use is limited to aircraft utilized for water landings and 
takeoff, in this part called seaplanes, at the risk of owner, operator 
and passenger(s).
    (2) Seaplane operations contrary to the prohibitions or 
restrictions established by the District Commander (pursuant to part 
328 of this title) are prohibited. The responsibility to ascertain 
whether seaplane operations are prohibited or restricted is incumbent 
upon the person(s) contemplating the use of, or using, such waters.
    (3) All operations of seaplanes while upon project waters shall be 
in accordance with U.S. Coast Guard navigation rules for powerboats or 
vessels and Sec. 327.3.
    (4) Seaplanes on project waters and lands in excess of 24 hours 
shall be securely moored at mooring facilities and at locations 
permitted by the District Commander. Seaplanes may be temporarily 
moored on project waters and lands, except in areas prohibited by the 
District Commander, for periods less than 24 hours providing:
    (i) The mooring is safe, secure, and accomplished so as not to 
damage the rights of the Government or members of the public, and
    (ii) The operator remains in the vicinity of the seaplane and 
reasonably available to relocate the seaplane if necessary.
    (5) Commercial operation of seaplanes from project waters is 
prohibited without written approval of the District Commander following 
consultation with and necessary clearance from the Federal Aviation 
Administration (FAA) and other appropriate public authorities and 
affected interests.
    (6) Seaplanes may not be operated at Corps projects between sunset 
and sunrise unless approved by the District Commander.


Sec. 327.5  Swimming.

    (a) Swimming, wading, snorkeling or scuba diving at one's own risk 
is permitted, except at launching sites, designated mooring points and 
public docks, or other areas so designated by the District Commander.
    (b) An international diver down, or inland diving flag must be 
displayed during underwater activities.
    (c) Diving, jumping or swinging from trees, bridges or other 
structures which cross or are adjacent to project waters is prohibited.


Sec. 327.6  Picnicking.

    Picnicking and related day-use activities are permitted, except in 
those areas where prohibited by the District Commander.


Sec. 327.7  Camping.

    (a) Camping is permitted only at sites and/or areas designated by 
the District Commander.
    (b) Camping at one or more campsites at any one water resource 
project for a period longer than 14 days during any 30-consecutive-day 
period is prohibited without the written permission of the District 
Commander.
    (c) The unauthorized placement of camping equipment or other items 
on a campsite and/or personal appearance at a campsite without daily 
occupancy for the purpose of reserving that campsite for future 
occupancy is prohibited.
    (d) The digging or leveling of any ground or the construction of 
any structure without written permission of the District Commander is 
prohibited.
    (e) Occupying or placement of any camping equipment at a campsite 
which is posted or otherwise marked or indicated as ``reserved'' 
without an authorized reservation for that site is prohibited.


Sec. 327.8  Hunting, fishing, and trapping.

    (a) Hunting is permitted except in areas and during periods where 
prohibited by the District Commander.
    (b) Trapping is permitted except in areas and during periods where 
prohibited by the District Commander.
    (c) Fishing is permitted except in swimming areas, on boat ramps or 
other areas designated by the District Commander.
    (d) Additional restrictions pertaining to these activities may be 
established by the District Commander.
    (e) All applicable Federal, State and local laws regulating these 
activities apply on project lands and waters, and shall be regulated by 
authorized enforcement officials as prescribed in Sec. 327.26.


Sec. 327.9  Sanitation.

    (a) Garbage, trash, rubbish, litter, gray water, or any other waste 
material or waste liquid generated on the project and incidental to 
authorized recreational activities shall be either removed from the 
project or deposited in receptacles provided for that purpose. The 
improper disposal of such wastes, human and animal waste included, on 
the project is prohibited.
    (b) It is a violation to bring onto a project any household or 
commercial garbage, trash, rubbish, debris, dead animals or litter of 
any kind for disposal or dumping without the written permission of the 
District Commander. For the purposes of this section, the owner of any 
garbage, trash, rubbish, debris, dead animals or litter of any kind 
shall be presumed to be responsible for proper disposal. Such 
presumption will be sufficient to issue a citation for violation.
    (c) The spilling, pumping, discharge or disposal of contaminants, 
pollutants or other wastes, including, but not limited to, human or 
animal waste, petroleum, industrial and commercial products and by-
products, on project lands or into project waters is prohibited.
    (d) Campers, picnickers, and all other persons using a water 
resources development project shall keep their sites free of trash and 
litter during the period of occupancy and shall remove all personal 
equipment and clean their sites upon departure.
    (e) The discharge or placing of sewage, galley waste, garbage, 
refuse, or pollutants into the project waters from any vessel or 
watercraft is prohibited.


Sec. 327.10  Fires.

    (a) Gasoline and other fuels, except that which is contained in 
storage tanks of vehicles, vessels, camping

[[Page 6901]]

equipment, or hand portable containers designed for such purpose, shall 
not be carried onto or stored on the project without written permission 
of the District Commander.
    (b) Fires shall be confined to those areas designated by the 
District Commander, and shall be contained in fireplaces, grills, or 
other facilities designated for this purpose. Fires shall not be left 
unattended and must be completely extinguished prior to departure. The 
burning of materials that produce toxic fumes, including, but not 
limited to, tires, plastic and other floatation materials or treated 
wood products is prohibited. The District Commander may prohibit open 
burning of any type for environmental considerations.
    (c) Improper disposal of lighted smoking materials, matches or 
other burning material is prohibited.


Sec. 327.11  Control of animals.

    (a) No person shall bring or allow dogs, cats, or other pets into 
developed recreation areas or adjacent waters unless penned, caged, on 
a leash under six feet in length, or otherwise physically restrained. 
No person shall allow animals to impede or restrict otherwise full and 
free use of project lands and waters by the public. No person shall 
allow animals to bark or emit other noise which unreasonably disturbs 
other people. Animals and pets, except properly trained animals 
assisting those with disabilities (such as seeing-eye dogs), are 
prohibited in sanitary facilities, playgrounds, swimming beaches and 
any other areas so designated by the District Commander. Abandonment of 
any animal on project lands or waters is prohibited. Unclaimed or 
unattended animals are subject to immediate impoundment and removal in 
accordance with state and local laws.
    (b) Persons bringing or allowing pets in designated public use 
areas shall be responsible for proper removal and disposal of any waste 
produced by these animals.
    (c) No person shall bring or allow horses, cattle, or other 
livestock in camping, picnicking, swimming or other recreation areas or 
on trails except in areas designated by the District Commander.
    (d) Ranging, grazing, watering or allowing livestock on project 
lands and waters is prohibited except when authorized by lease, license 
or other written agreement with the District Commander.
    (e) Unauthorized livestock are subject to impoundment and removal 
in accordance with Federal, state and local laws.
    (f) Any animal impounded under the provisions of this section may 
be confined at a location designated by the District Commander, who may 
assess a reasonable impoundment fee. This fee shall be paid before the 
impounded animal is returned to its owner(s).
    (g) Wild or exotic pets and animals (including but not limited to 
cougars, lions, bears, bobcats, wolves, and snakes), or any pets or 
animals displaying vicious or aggressive behavior or otherwise posing a 
threat to public safety or deemed a public nuisance, are prohibited 
from project lands and waters unless authorized by the District 
Commander, and are subject to removal in accordance with Federal, state 
and local laws.


Sec. 327.12  Restrictions.

    (a) The District Commander may establish and post a schedule of 
visiting hours and/or restrictions on the public use of a project or 
portion of a project. The District Commander may close or restrict the 
use of a project or portion of a project when necessitated by reason of 
public health, public safety, maintenance, resource protection or other 
reasons in the public interest. Entering or using a project in a manner 
which is contrary to the schedule of visiting hours, closures or 
restrictions is prohibited.
    (b) Quiet shall be maintained in all public use areas between the 
hours of 10 p.m. and 6 a.m., or those hours designated by the District 
Commander. Excessive noise during such times which unreasonably 
disturbs persons is prohibited.
    (c) Any act or conduct by any person which interferes with, impedes 
or disrupts the use of the project or impairs the safety of any person 
is prohibited. Individuals who are boisterous, rowdy, disorderly, or 
otherwise disturb the peace on project lands or waters may be requested 
to leave the project.
    (d) The operation or use of any sound producing or motorized 
equipment, including but not limited to generators, vessels or 
vehicles, in such a manner as to unreasonably annoy or endanger persons 
at any time or exceed state or local laws governing noise levels from 
motorized equipment is prohibited.
    (e) The possession and/or consumption of alcoholic beverages on any 
portion of the project land or waters, or the entire project, may be 
prohibited when designated and posted by the District Commander.
    (f) Unless authorized by the District Commander, smoking is 
prohibited in Visitor Centers, enclosed park buildings and in areas 
posted to restrict smoking.


Sec. 327.13  Explosives, firearms, other weapons and fireworks.

    (a) The possession of loaded firearms, ammunition, loaded 
projectile firing devices, bows and arrows, crossbows, or other weapons 
is prohibited unless:
    (1) In the possession of a Federal, state or local law enforcement 
officer;
    (2) Being used for hunting or fishing as permitted under 
Sec. 327.8, with devices being unloaded when transported to, from or 
between hunting and fishing sites;
    (3) Being used at authorized shooting ranges; or
    (4) Written permission has been received from the District 
Commander.
    (b) Possession of explosives or explosive devices of any kind, 
including fireworks or other pyrotechnics, is prohibited unless written 
permission has been received from the District Commander.


Sec. 327.14  Public property.

    (a) Destruction, injury, defacement, removal or any alteration of 
public property including, but not limited to, developed facilities, 
natural formations, mineral deposits, historical and archaeological 
features, paleontological resources, boundary monumentation or markers 
and vegetative growth, is prohibited except when in accordance with 
written permission of the District Commander.
    (b) Cutting or gathering of trees or parts of trees and/or the 
removal of wood from project lands is prohibited without written 
permission of the District Commander.
    (c) Gathering of dead wood on the ground for use in designated 
recreation areas as firewood is permitted, unless prohibited and posted 
by the District Commander.
    (d) The use of metal detectors is permitted on designated beaches 
or other previously disturbed areas unless prohibited by the District 
Commander for reasons of protection of archaeological, historical or 
paleontological resources. Specific information regarding metal 
detector policy and designated use areas is available at the Manager's 
Office. Items found must be handled in accordance with Secs. 327.15 and 
327.16 except for non-identifiable items such as coins of value less 
than $25.


Sec. 327.15  Abandonment and impoundment of personal property.

    (a) Personal property of any kind shall not be abandoned, stored or 
left unattended upon project lands or

[[Page 6902]]

waters. After a period of 24 hours, or at any time after a posted 
closure hour in a public use area or for the purpose of providing 
public safety or resource protection, unattended personal property 
shall be presumed to be abandoned and may be impounded and stored at a 
storage point designated by the District Commander, who may assess a 
reasonable impoundment fee. Such fee shall be paid before the impounded 
property is returned to its owner.
    (b) Personal property placed on Federal lands or waters adjacent to 
a private residence, facility and/or developments of any private nature 
for more than 24 hours without permission of the District Commander 
shall be presumed to have been abandoned and, unless proven otherwise, 
such presumption will be sufficient to impound the property and/or 
issue a citation as provided for in Sec. 327.25.
    (c) The District Commander shall, by public or private sale or 
otherwise, dispose of all lost, abandoned or unclaimed personal 
property that comes into Government custody or control. However, 
property may not be disposed of until diligent effort has been made to 
find the owner, heirs, next of kin or legal representative(s). If the 
owner, heirs, next of kin or legal representative(s) are determined but 
not found, the property may not be disposed of until the expiration of 
120 days after the date when notice, giving the time and place of the 
intended sale or other disposition, has been sent by certified or 
registered mail to that person at the last known address. When diligent 
efforts to determine the owner, heirs, next of kin or legal 
representative(s) are unsuccessful, the property may be disposed of 
without delay except that if it has a fair market value of $100 or more 
the property may not be disposed of until 90 days after the date it is 
received at the storage point designated by the District Commander. The 
net proceeds from the sale of property shall be conveyed into the 
Treasury of the United States as miscellaneous receipts.


Sec. 327.16  Lost and found articles.

    All articles found shall be deposited by the finder at the 
Manager's office or with a ranger. All such articles shall be disposed 
of in accordance with the procedures set forth in Sec. 327.15.


Sec. 327.17  Advertisement.

    Advertising by the use of billboards, signs, markers, audio 
devices, handbills, circulars, posters, or any other means whatsoever, 
is prohibited without written permission of the District Commander. 
Vessels and vehicles with semipermanent or permanent painted or 
installed signs are exempt as long as they are used for authorized 
recreational activities and comply with all other rules and regulations 
pertaining to vessels and vehicles.


Sec. 327.18  Commercial activities.

    (a) The engaging in or solicitation of business on project land or 
waters without the express written permission of the District Commander 
is prohibited.
    (b) It shall be a violation of this part to refuse to or fail to 
comply with any terms, clauses or conditions of any lease, license or 
agreements issued by the District Commander.


Sec. 327.19  Permits.

    (a) It shall be a violation of this part to refuse to or fail to 
comply with the fee requirements or other terms or conditions of any 
permit issued under the provisions of this part 327.
    (b) Permits for floating structures (issued under the authority of 
Sec. 327.30) of any kind on/in waters of water resources development 
projects, whether or not such waters are deemed navigable waters of the 
United States but where such waters are under the management of the 
Corps of Engineers, shall be issued at the discretion of the District 
Commander under the authority of this section. District Commanders will 
delineate those portions of the navigable waters of the United States 
where this provision is applicable and post notices of this designation 
in the vicinity of the appropriate Manager's office.
    (c) Permits for non-floating structures (issued under the authority 
of Sec. 327.30) of any kind constructed, placed in or affecting waters 
of water resources development projects where such waters are deemed 
navigable waters of the U.S. shall be issued under the provisions of 
section 10 of the Rivers and Harbors Act approved March 3, 1899 (33 
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 through 330.)
    (d) Permits for non-floating structures (issued under the authority 
of Sec. 327.30) of any kind in waters of water resources development 
projects, where such waters are under the management of the Corps of 
Engineers and where such waters are not deemed navigable waters of the 
United States, shall be issued as set forth in paragraph (b) of this 
section. If a discharge of dredged or fill material into any water of 
the United States is involved, a permit is required under section 404 
of the Clean Water Act (33 U.S.C. 1344) (See 33 CFR parts 320 through 
330). Water quality certification may be required pursuant to Section 
401 of the Clean Water Act (33 U.S.C. 1341).
    (e) Shoreline Use Permits to authorize private shoreline use 
facilities, activities or development (issued under the authority of 
Sec. 327.30) may be issued in accordance with the project Shoreline 
Management Plan. Failure to comply with the permit conditions issued 
under Sec. 327.30 is prohibited.


Sec. 327.20  Unauthorized structures.

    The construction, placement, or existence of any structure 
(including, but not limited to, roads, trails, signs, non-portable 
hunting stands or blinds, buoys, docks, or landscape features) of any 
kind under, upon, in or over the project lands, or waters is prohibited 
unless a permit, lease, license or other appropriate written 
authorization has been issued by the District Commander. The design, 
construction, placement, existence or use of structures in violation of 
the terms of the permit, lease, license, or other written authorization 
is prohibited. The government shall not be liable for the loss of, or 
damage to, any private structures, whether authorized or not, placed on 
project lands or waters. Unauthorized structures are subject to summary 
removal or impoundment by the District Commander. Portable hunting 
stands, climbing devices, steps, or blinds, that are not nailed or 
screwed into trees and are removed at the end of a day's hunt may be 
used.


Sec. 327.21  Special events.

    (a) Special events including, but not limited to, water carnivals, 
boat regattas, fishing tournaments, music festivals, dramatic 
presentations or other special recreation programs are prohibited 
unless written permission has been granted by the District Commander. 
Where appropriate, District Commanders can provide the state a blanket 
letter of permission to permit fishing tournaments while coordinating 
the scheduling and details of tournaments with individual projects. An 
appropriate fee may be charged under the authority of Sec. 327.23.
    (b) The public shall not be charged any fee by the sponsor of such 
event unless the District Commander has approved in writing (and the 
sponsor has properly posted) the proposed schedule of fees. The 
District Commander shall have authority to revoke permission, require 
removal of any equipment, and require restoration of an area to pre-
event condition, upon failure of the sponsor to comply with terms and 
conditions of the permit/

[[Page 6903]]

permission or the regulations in this part 327.


Sec. 327.22  Unauthorized occupation.

    (a) Occupying any lands, buildings, vessels or other facilities 
within water resource development projects for the purpose of 
maintaining the same as a full-or part-time residence without the 
written permission of the District Commander is prohibited. The 
provisions of this section shall not apply to the occupation of lands 
for the purpose of camping, in accordance with the provisions of 
Sec. 327.7.
    (b) Use of project lands or waters for agricultural purposes is 
prohibited except when in compliance with terms and conditions 
authorized by lease, license or other written agreement issued by the 
District Commander.


Sec. 327.23  Recreation use fees.

    (a) In accordance with the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l) and the Omnibus Budget Reconciliation Act of 
1993, Pub. L. 103-66, the Corps of Engineers collects day use fees, 
special recreation use fees and/or special permit fees for the use of 
specialized sites, facilities, equipment or services related to outdoor 
recreation furnished at Federal expense.
    (b) Where such fees are charged, the District Commander shall 
insure that clear notice of fee requirements is prominently posted at 
each area, and at appropriate locations therein and that the notice be 
included in publications distributed at such areas. Failure to pay 
authorized recreation use fees as established pursuant to Pub. L. 88-
578, 78 Stat. 897, as amended (16 U.S.C. 460l-6a), is prohibited and is 
punishable by a fine of not more than $100.
    (c) Failure to pay authorized day use fees, and/or properly display 
applicable receipt, permit or pass is prohibited.
    (d) Any Golden Age or Golden Access Passport permittee shall be 
entitled, upon presentation of such a permit, to utilize special 
recreation facilities at a rate of 50 percent off the established use 
fee at Federally operated areas. Fraudulent use of a Golden Age or 
Golden Access Passport is prohibited.


Sec. 327.24  Interference with Government employees.

    (a) It is a Federal crime pursuant to the provisions of sections 
111 and 1114 of Title 18, United States Code, to forcibly assault, 
resist, oppose, impede, intimidate, or interfere with, attempt to kill 
or kill any civilian official or employee for the U.S. Army Corps of 
Engineers engaged in the performance of his or her official duties, or 
on account of the performance of his or her official duties. Such 
actions or interference directed against a Federal employee while 
carrying out the regulations in this part are violation of such 
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 the regulations in this part shall be 
considered as interference with that employee while engaged in the 
performance of their official duties. Such interference with a Federal 
employee includes failure to provide a correct name, address or other 
information deemed necessary for identification upon request of the 
Federal employee, when that employee is authorized by the District 
Commander to issue citations in the performance of the employee's 
official duties.


Sec. 327.25  Violations of rules and regulations.

    (a) Any person who violates the provisions of the regulations in 
this part, other than for a failure to pay authorized recreation use 
fees as separately provided for in Sec. 327.23, may be punished by a 
fine of not more than $5,000 or imprisonment for not more than six 
months or both and may be tried and sentenced in accordance with the 
provisions of section 3401 of Title 18, United States Code. Persons 
designated by the District Commander shall have the authority to issue 
a citation for violation of the regulations in this part, requiring any 
person charged with the violation to appear before the United States 
Magistrate within whose jurisdiction the affected water resources 
development project is located (16 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 111 or section 1114 of Title 18, United States 
Code or under provisions of pertinent state law may be tried and 
sentenced as further provided under Federal or state law, as the case 
may be.


Sec. 327.26  State and local laws.

    (a) Except as otherwise provided in this part or by Federal law or 
regulation, state and local laws and ordinances shall apply on project 
lands and waters. This includes, but is not limited to, state and local 
laws and ordinances governing:
    (1) Operation and use of motor vehicles, vessels, and aircraft;
    (2) Hunting, fishing and trapping;
    (3) Use or possession of firearms or other weapons;
    (4) Civil disobedience and criminal acts;
    (5) Littering, sanitation and pollution; and
    (6) Alcohol or other controlled substances.
    (b) These state and local laws and ordinances are enforced by those 
state and local enforcement agencies established and authorized for 
that purpose.

[FR Doc. 00-3185 Filed 2-10-00; 8:45 am]
BILLING CODE 3710-41-P