[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Proposed Rules]
[Pages 54214-54224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17918]



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Part V





Department of the Interior





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Bureau of Reclamation



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43 CFR Parts 423 and 429



Public Conduct on Bureau of Reclamation Facilities, Lands, and 
Waterbodies; and Procedure To Process and Recover the Value of Rights-
of-Use and Administrative Costs Incurred in Permitting Such Use; 
Proposed Rule

  Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Parts 423 and 429

RIN 1006-AA45


Public Conduct on Bureau of Reclamation Facilities, Lands, and 
Waterbodies; and Procedure to Process and Recover the Value of Rights-
of-Use and Administrative Costs Incurred in Permitting Such Use

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Reclamation is issuing this proposed rulemaking 
to establish regulations regarding public access to and conduct on all 
Reclamation projects, waters, and real property subject to the 
jurisdiction or administration of Reclamation or in its custody. 
Reclamation is required by law to issue this rule in order to maintain 
law and order and protect persons and property on its projects. This 
proposed rule would supersede the existing Public Conduct rule, and 
amend provisions located elsewhere to ensure consistency.

DATES: Reclamation must receive any comments on this proposed 
rulemaking no later than November 14, 2005.

ADDRESSES: You may submit comments, identified by the number 1006-AA45, 
by any of the following methods:

--Federal rulemaking portal: http://www.regulations.gov Follow the 
instructions for submitting comments.
--E-mail: PublicConductRule [email protected] Include the number 
1006-AA45 in the subject line of the message.
--Fax: (720) 544-4208.
--Mail: Director, Security, Safety, and Law Enforcement, Bureau of 
Reclamation, 6th and Kipling, Building 67, Denver, CO 80225.
--Hand Delivery: Bureau of Reclamation, Denver Federal Center, 6th and 
Kipling, Building 67, Room 124, Lakewood, Colorado.

FOR FURTHER INFORMATION CONTACT: Larry Todd, Director, Security, 
Safety, and Law Enforcement, Bureau of Reclamation, 6th and Kipling, 
Building 67, Denver, CO 80225, telephone 303-445-3736.

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 12, 2001, Congress enacted Pub. L. 107-69, which 
provides for law enforcement authority within Reclamation projects and 
on Reclamation lands. Section 1(a) of this law requires the Secretary 
of the Interior to ``issue regulations necessary to maintain law and 
order and protect persons and property within Reclamation projects and 
on Reclamation lands.'' The Secretary's authority in this regard has 
been delegated to the Commissioner of Reclamation, and this proposed 
rulemaking would replace the existing statutorily required regulations.
    Reclamation is best known to the public by its large dams such as 
Hoover and Grand Coulee. In fact, Reclamation has constructed and 
operated major water projects in all of the 17 contiguous western 
states, including more than 500 dams, 348 reservoirs, and 58 
hydroelectric powerplants. These plants produce an average of 42 
billion kilowatt-hours annually, making Reclamation the nation's ninth 
largest utility. Reclamation projects deliver 10 trillion gallons of 
water to more than 31 million people annually, and provide irrigation 
water to 10 million acres of farmland producing vegetables, fruits, 
grains, fiber, and other crops critical to the nation's economy. In 
addition, Reclamation reservoirs draw 90 million recreational user 
visits annually, and Reclamation is responsible for the administration 
of over 8 million acres of public lands. Because of Reclamation's vital 
role in providing water, power, agricultural products, and recreational 
opportunities to the entire nation, the safety and security of 
Reclamation facilities and the people visiting them is of critical 
importance.
    In addressing security issues on Reclamation projects, this 
proposed rule inevitably touches on a wide range of public safety, 
recreation, and resource management topics such as firearms, hunting, 
boating, diving, archeological resources, and many others. Therefore, 
while this proposed rule is primarily focused on the security of the 
hundreds of Reclamation dams, reservoirs, hydroelectric power plants, 
and other project facilities, it also addresses a number of related 
issues concerning public conduct on Reclamation projects. This proposed 
rule is designed to provide consistent and adequate tools for 
addressing public conduct while at the same time providing the 
necessary flexibility to be successfully applied to the wide variety of 
Reclamation projects and facilities.
    In this rulemaking, Reclamation is also proposing minor amendments 
to the existing 43 CFR part 429, Procedure to Process and Recover the 
Value of Rights-of-Use and Administrative Costs Incurred in Permitting 
Such Use, to make it consistent with the proposed 43 CFR part 423. 
These minor amendments would clarify 43 CFR part 429 which addresses 
uses of Reclamation lands involving possession and occupation, in 
contrast to the proposed 43 CFR part 423 which would apply to 
occasional public uses that do not involve possession or occupation.
    These proposed rules would not significantly affect either the 
administration or the existing public uses of Reclamation facilities, 
lands, and waterbodies. Rather, these proposed rules are intended to 
provide a tool for administrators and law enforcement personnel to 
utilize in enhancing the security of Reclamation facilities, lands, and 
waterbodies for the benefit of the public.

II. Existing Rule Superseded

    On April 17, 2002, Reclamation published 43 CFR part 423, Public 
Conduct on Bureau of Reclamation Lands and Projects (67 FR 19092, April 
17, 2002) as an interim rule. In the preamble to that rule, Reclamation 
stated its intent to replace the interim rule with a more comprehensive 
public conduct rule and set April 17, 2003 as the interim rule's 
expiration date. In order to provide more time to develop the 
comprehensive public conduct rule, Reclamation later extended the 
expiration of the interim rule to April 17, 2005 (68 FR 16214, Apr. 3, 
2003), and again to April 17, 2006 (70 FR 15778, March 29, 2005). This 
proposed rule would satisfy Reclamation's commitment to develop a 
comprehensive public conduct rule and would supersede the existing 43 
CFR part 423.

III. Procedural Matters

National Environmental Policy Act (NEPA)

    Reclamation has analyzed this proposed rule in accordance with the 
criteria of the NEPA and Department Manual 516 DM. This proposed rule 
does not constitute a major Federal action significantly affecting the 
quality of the human environment. An environmental assessment is not 
required. The proposed rule is categorically excluded from NEPA review 
under 40 CFR 1508.4 and Departmental Manual 516 DM 2, Appendix 1, 
paragraph 1.10.

Executive Order 12866, Regulatory Planning and Review

    Under Executive Order (E.O.) 12866, (58 FR 51735, Oct. 4, 1993), an 
agency must determine whether a regulatory action is significant and 
therefore subject to Office of Management and

[[Page 54215]]

Budget (OMB) review and the requirements of the E.O. E.O. 12866 defines 
a ``significant regulatory action'' as a regulatory action meeting any 
one of four criteria specified in the E.O. This rulemaking is 
considered a significant regulatory action under criterion number four, 
because it raises novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the E.O. Reclamation has therefore submitted this proposed regulation 
to OMB for review.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq). A 
Regulatory Flexibility Analysis is not required. Accordingly, a Small 
Entity Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Fairness Act. The proposed rule:
    (1) Will not have an annual effect on the economy of $100 million 
or more.
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, state, or local government 
agencies, or geographic regions.
    (3) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose an unfunded mandate on state, 
local, or tribal governments or the private sector of more than $100 
million per year. Moreover, the proposed rule does not have a 
significant or unique effect on state, local, or tribal governments or 
the private sector. A statement containing the information required by 
the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not 
required.

Executive Order 12630, Takings

    In accordance with Executive Order 12630, this proposed rule does 
not have significant takings implications. Thus, a takings implication 
assessment is not required. This proposed rule only addresses public 
access to and the possible consequences of public conduct on 
Reclamation lands and Reclamation projects.

Paperwork Reduction Act

    This proposed rule does not require any information collection 
under the Paperwork Reduction Act. Therefore, an OMB Form 83-I is not 
required.

Executive Order 13132, Federalism

    In accordance with Executive Order 13132, this proposed rule does 
not have Federalism implications. A Federalism assessment is not 
required. The proposed rule will not affect the roles, rights, and 
responsibilities of states in any way. Moreover, the proposed rule will 
not result in the Federal Government taking control of traditional 
state responsibilities, nor will it interfere with the ability of 
states to formulate their own policies. In addition, the proposed rule 
will not affect the distribution of power, the responsibilities among 
the various levels of government, nor preempt state law.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, the Department's Office 
of the Solicitor has determined that this proposed rule does not unduly 
burden the judicial system and meets the requirements of section 3(a) 
and 3(b)(2) of the Executive Order.

Executive Order 13211, Energy Impacts

    In accordance with Executive Order 13211, this proposed rule will 
not have a significant adverse effect on the supply, distribution, and 
use of energy. Therefore, a Statement of Energy Effects is not 
required.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. Reclamation invites your comments on how 
to make this rule easier to understand, including answers to questions 
such as the following: (1) Are the requirements in the rule clearly 
stated? (2) Does the rule contain technical language or jargon that 
interferes with its clarity? (3) Does the format of the rule (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity? (4) Would the rule be easier to understand if it 
were divided into more (but shorter) sections? (A ``section'' appears 
in bold type and is preceded by the symbol ``Sec. '' and a numbered 
heading; for example, Sec.  423.18.) (5) Is the description of the rule 
in the ``Supplementary Information'' section of the preamble helpful in 
understanding the proposed rule? What else could Reclamation do to make 
the rule easier to understand?
    Send a copy of any comments that concern how Reclamation could make 
this rule easier to understand to: Office of Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street NW., Washington, 
DC 20240. You may also e-mail the comments to this address: [email protected].

IV. Comments on the Existing 43 CFR Part 423, Public Conduct on Bureau 
of Reclamation Lands and Projects

    Reclamation received only one response concerning the existing 43 
CFR part 423 which was published on, and has been in effect since, 
April 17, 2002. The commenter was a state agency which stated that it 
had no major comment, but asked that any additional or follow-up 
information be forwarded to that office.

V. Comments on This Proposed Rulemaking

    If you wish to comment on the substance of this proposed rule, 
there are four ways you may do so:
    1. You may mail comments to: Director, Security, Safety, and Law 
Enforcement, Bureau of Reclamation, Denver Federal Center, 6th and 
Kipling, Building 67, Denver, CO 80225, Attention: Gary Anderson, D-
1410.
    2. You may hand-deliver comments to the Bureau of Reclamation, 
Denver Federal Center, 6th and Kipling, Building 67, Room 124, 
Lakewood, Colorado.
    3. You may e-mail comments to this address: PublicConduct 
Rule[email protected].

    Please submit Internet comments as an ASCII file avoiding the use 
of special characters and any form of encryption. Please also include 
``Attn: RIN number 1006-AA45'' and your name and return address in your 
Internet message. If you do not receive a confirmation from the system 
that Reclamation has received your Internet message, contact us 
directly at (303) 445-3736.
    4. You may send comments by facsimile machine to telephone number 
(720) 544-4208.
    It is Reclamation's practice to make comments, including names and 
home addresses of respondents, available for public review during 
regular business hours. Individual respondents may request that 
Reclamation withhold their home address from the rulemaking record. 
Reclamation will honor such a request to the extent allowable by law. 
There also may be circumstances in which Reclamation would withhold 
from the rulemaking record a respondent's identity, as allowable by 
law. If you wish Reclamation to withhold your name and/or address,

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you must indicate your request prominently at the beginning of your 
comment. However, Reclamation will not consider anonymous comments. 
Reclamation will make all submissions from organizations or businesses, 
and from individuals identifying themselves as representatives or 
officials of organizations or businesses, available for public 
inspection in their entirety.

List of Subjects

43 CFR Part 423

    Law enforcement, Public conduct, Reclamation lands, and Reclamation 
projects.

43 CFR Part 429

    Public lands--rights-of-way; Reporting and recordkeeping 
requirements.

R. Thomas Weimer,
Acting Assistant Secretary--Water and Science.
    For the reasons set forth in the preamble, the Bureau of 
Reclamation proposes to amend 43 CFR part 423 and 43 CFR part 429 as 
follows:
    1. Revise part 423 to read as follows:

PART 423--PUBLIC CONDUCT ON BUREAU OF RECLAMATION FACILITIES, 
LANDS, AND WATERBODIES

Subpart A--Purpose, Definitions, and Applicability
Sec.
423.1 Purpose.
423.2 Definitions of terms used in this part.
423.3 When does this part apply?
Subpart B--Areas Open and Closed to Public Use
423.10 What areas are open to public use?
423.11 What areas are closed to public use?
423.12 How will Reclamation close additional areas?
423.13 How will Reclamation establish periodic and regular closures?
423.14 How will Reclamation post and delineate closed areas?
423.15 How will Reclamation document closures or reopenings?
423.16 Who can be exempted from closures?
423.17 How will Reclamation reopen closed areas?
Subpart C--Rules of Conduct
423.20 General rules.
423.21 Responsibilities.
423.22 Interference with agency functions and disorderly conduct.
423.23 Abandonment and impoundment of personal property.
423.24 Trespassing.
423.25 Vandalism, tampering, and theft.
423.26 Public events and gatherings.
423.27 Advertising and public solicitation.
423.28 Memorials.
423.29 Natural and cultural resources.
423.30 Weapons, explosives, and fireworks.
423.31 Fires.
423.32 Hunting, fishing, and trapping.
423.33 Camping.
423.34 Sanitation.
423.35 Animals.
423.36 Swimming.
423.37 Winter activities.
423.38 Operating vessels on Reclamation waters.
423.39 Standards for vessels.
423.40 Vehicles.
423.41 Aircraft.
423.42 Gambling.
423.43 Alcoholic beverages.
423.44 Controlled substances.
Subpart D--Authorization of Otherwise Prohibited Activities
423.50 How can I obtain permission for prohibited or restricted uses 
and activities?
Subpart E--Special Use Areas
423.60 How special use areas are designated.
423.61 Notifying the public of special Use Areas.
423.62 Documentation of special use area designation or termination.
423.63 Reservations for public use limits.
423.64 Existing special use areas.
Subpart F--Violations and Sanctions
423.70 Violations.
423.71 Sanctions.

    Authority: Public Law 107-69 (November 12, 2001) (Law 
Enforcement Authority) (43 U.S.C. 373b and 373c); Public Law 102-
575, Title XXVIII (October 30, 1992) (16 U.S.C. 460l-31 through 34); 
Public Law 89-72 (July 9, 1965) (16 U.S.C. 460l-12); Public Law 106-
206 (May 26, 2000) (16 U.S.C. 460l-6d); Public Law 59-209 (June 8, 
1906) (16 U.S.C. 431-433); Public Law 96-95 (October 31, 1979) (16 
U.S.C. 470aa-mm).

Subpart A--Purpose, Definitions, and Applicability


Sec.  423.1  Purpose.

    The purpose of this part is to maintain law and order and protect 
persons and property within Reclamation projects and on Reclamation 
facilities, lands, and waterbodies.


Sec.  423.2  Definitions of terms used in this part.

    Aircraft means a device that is used or intended to be used for 
human flight in the air, including powerless flight, unless a 
particular section indicates otherwise.
    Archeological resource means any material remains of past human 
life or activities which are of archeological interest, as determined 
under 43 CFR part 7, including but not limited to pottery, basketry, 
bottles, weapons, projectiles, tools, structures or portions of 
structures, pit houses, rock paintings, rock carvings, intaglios, 
graves, human remains, or any portion of any of the foregoing items. 
Archeological resources are a component of cultural resources.
    Authorized official means the Commissioner of the Bureau of 
Reclamation and those officials to whom the Commissioner has delegated 
the authority to enforce and implement this part 423.
    Camping means erecting a tent or shelter; preparing a sleeping bag 
or other bedding material for use; parking a motor vehicle, motor home, 
or trailer; or mooring a vessel for the intended or apparent purpose of 
overnight occupancy.
    Cultural resource means any man-made or associated prehistoric, 
historic, architectural, sacred, or traditional cultural property and 
associated objects and documents that are of interest to archeology, 
anthropology, history, or other associated disciplines. Cultural 
resources includes archeological resources, historic properties, 
traditional cultural properties, sacred sites, and cultural landscapes 
that can be delimited and associated with human activity or occupation.
    Disorderly conduct means any of the following acts:
    (1) Fighting, or threatening or violent behavior;
    (2) Language, utterance, gesture, or display or act that is 
obscene, physically threatening or menacing, or that is likely to 
inflict injury or incite an immediate breach of the peace;
    (3) Unreasonable noise, considering the nature and purpose of the 
person's conduct, location, time of day or night, and other factors 
that would govern the conduct of a reasonably prudent person under the 
circumstances;
    (4) Creating or maintaining a hazardous or physically offensive 
condition; or
    (5) Any other act or activity that may cause or create public 
alarm, nuisance, or bodily harm.
    Explosives means explosive materials, including explosive 
fireworks, pyrotechnics, and any other explosive devices, but not 
ammunition.
    Fishing means taking or attempting to take, by any means, any fish, 
mollusk, or crustacean found in fresh or salt water.
    Geophysical discovery device means any mechanism, tool, or 
equipment including, but not limited to, metal detectors and radar 
devices, that can be used to detect or probe for objects beneath land 
or water surfaces.
    Historic property means any prehistoric or historic district, site, 
building, structure, or object included on, or eligible for inclusion 
on, the National Register of Historic Places, including artifacts, 
records, and material

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remains related to such a property or resource.
    Hunting means taking or attempting to take wildlife by any means, 
except by trapping or fishing.
    Museum property means personal property acquired according to some 
rational scheme and preserved, studied, or interpreted for public 
benefit, including, but not limited to, objects selected to represent 
archeology, art, ethnography, history, documents, botany, paleontology, 
geology, and environmental samples.
    Natural resources means assets or values related to the natural 
world, such as plants, animals, water, air, soils, minerals, geologic 
features and formations, fossils and other paleontological resources, 
scenic values, etc. Natural resources are those elements of the 
environment not created by humans.
    Off-road-vehicle means any motorized vehicle (including the 
standard automobile) designed for or capable of cross-country travel on 
or immediately over land, water, sand, snow, ice, marsh, swampland, or 
natural terrain. The term excludes all of the following:
    (1) Nonamphibious registered motorboats;
    (2) Military, fire, emergency, or law enforcement vehicles when 
used for emergency purpose;
    (3) Self-propelled lawnmowers, snowblowers, garden or lawn 
tractors, and golf carts while being used for their designed purpose;
    (4) Agricultural, timbering, construction, exploratory, and 
development equipment and vehicles while being used exclusively as 
authorized by permit, lease, license, agreement, or contract with 
Reclamation;
    (5) Any combat or combat support vehicle when used in times of 
national defense emergencies;
    (6) ``Official use'' vehicles; and
    (7) Wheel chairs and other vehicles designed and used for 
transporting persons with disabilities.
    Operator means a person who operates, drives, controls, has charge 
of, or is in actual physical control of any mode of transportation or 
other equipment.
    Permit means any written document issued by an authorized official 
pursuant to subpart D of this part 423 authorizing a particular 
activity with specified time limits, locations, and/or other 
conditions.
    Person means an individual, entity, or organization.
    Pet means a domesticated animal other than livestock. 
(``Livestock'' is any hoofed animal used for agricultural, riding, 
pulling, or packing purposes.)
    Public use limit means any limitation on public uses or activities 
established by law or regulation.
    Real property means any legal interest in land and the water, oil, 
gas, and minerals in, on, and beneath the land surface, together with 
the improvements, structures, and fixtures located thereon.
    Reclamation means the Bureau of Reclamation, United States 
Department of the Interior.
    Reclamation facilities, lands, and waterbodies means Reclamation 
facilities, Reclamation lands, and Reclamation waterbodies.
    Reclamation facility means any facility constructed or acquired 
under Federal reclamation law that is used and occupied by Reclamation 
under a lease, easement, right-of-way, license, contract, or other 
arrangement. The term includes, but is not limited to, any of the 
following that are under the jurisdiction of or administered by 
Reclamation: dams, powerplants, switchyards, transmission lines, 
recreation facilities, fish and wildlife facilities, canals, drains, 
pumping plants, buildings, warehouses, tunnels, siphons, water 
diversion structures, bridges, and roads.
    Reclamation lands means any real property under the jurisdiction of 
or administered by Reclamation, and includes, but is not limited to, 
all acquired and withdrawn lands and lands in which Reclamation has a 
lease interest, easement, or right-of-way.
    Reclamation project means any water supply, water delivery, flood 
control, or hydropower project, together with any associated facilities 
for fish, wildlife, recreation, or water treatment constructed or 
administered by Reclamation under the Federal reclamation laws [the Act 
of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371 et. seq.), 
and Acts supplementary thereto and amendatory thereof].
    Reclamation waterbody means any body of water situated on 
Reclamation lands or under Reclamation jurisdiction.
    Refuse means any human or pet waste, litter, trash, garbage, 
rubbish, debris, contaminant, pollutant, waste liquid or other 
discarded materials.
    Sacred site means any specific, discrete, or narrowly delineated 
location on Federal land that is identified by an Indian tribe, or 
Indian individual determined to be an appropriately authoritative 
representative of an Indian religion, as sacred by virtue of its 
established religious significance to, or ceremonial use by, an Indian 
religion; provided that the tribe or appropriately authoritative 
representative of an Indian religion has informed the land managing 
agency of the existence of such a site.
    Special use area means an area at or within a Reclamation facility, 
or an area of Reclamation lands or waterbodies, which has been 
designated by an authorized official pursuant to subpart E of this part 
423 as an area in which special rules for public conduct which may 
differ from those established in subpart C of this part 423 will apply.
    State and local laws means the laws, statutes, regulations, 
ordinances, codes, and court decisions of a state and of the counties, 
municipalities, or other governmental entities which are enabled by 
statute and vested with legislative authority.
    Traditional cultural property means a discretely defined property 
that is eligible for inclusion on the National Register of Historic 
Places because of its association with cultural practices or beliefs of 
a living community that:
    (1) Are rooted in that community's history; and
    (2) Are important in maintaining the continuing cultural identity 
of the community.
    Trapping means taking, or attempting to take, wildlife with a 
snare, trap, mesh, wire, or other implement, object, or mechanical 
device designed to entrap, ensnare, or kill animals, including fish.
    Trespass means:
    (1) Unauthorized possession or occupancy of Reclamation facilities, 
lands, or waterbodies;
    (2) Personal entry, presence, or occupancy on or in any portion or 
area of Reclamation facilities, lands, or waterbodies that have been 
closed to public use pursuant to subpart B of this part 423;
    (3) Unauthorized extraction or disturbance of natural or cultural 
resources located on Reclamation facilities, lands, or waterbodies;
    (4) Unauthorized conduct of commercial activities on Reclamation 
facilities, lands, or waterbodies;
    (5) Holding unauthorized public gatherings on Reclamation 
facilities, lands, or waterbodies; or
    (6) Unauthorized dumping or abandonment of personal property on 
Reclamation facilities, lands, or waterbodies.
    Vehicle means every device in, upon, or by which a person or 
property is or may be transported or drawn on land, whether moved by 
mechanical, animal, or human power, including but not limited to 
automobiles, trucks, motorcycles, mini-bikes, snowmobiles, dune 
buggies, all-terrain vehicles,

[[Page 54218]]

trailers, campers, bicycles, and those used exclusively upon stationary 
rails or tracks; except wheelchairs used by persons with disabilities.
    Vessel means any craft that is used or capable of being used as a 
means of transportation on or under water or ice, including but not 
limited to powerboats, cruisers, houseboats, sailboats, airboats, 
hovercraft, rowboats, canoes, kayaks, ice yachts, or personal 
watercraft. A seaplane on Reclamation waters is considered a vessel for 
the purposes of Sec.  423.38 of this part. Inner tubes, air mattresses, 
and other personal flotation devices are not considered vessels.
    Weapon means any instrument or substance designed, used, or 
intended to be used to cause or threaten to cause pain, injury, or 
death.
    Wildlife means any non-domestic member of the animal kingdom and 
includes a part, product, egg, offspring, or dead body or part thereof, 
including but not limited to mammals, birds, reptiles, amphibians, 
fish, mollusks, crustaceans, arthropod, coelenterate, or other 
invertebrate, whether or not bred, hatched, or born in captivity.
    You means a person or entity on Reclamation facilities, lands, or 
waterbodies.


Sec.  423.3  When does this part apply?

    (a) This part and all applicable state and local laws apply to all 
persons on Reclamation facilities, lands, and waterbodies, with the 
following exceptions:
    (1) Certain exceptions apply to Federal, state, local, and contract 
employees, as further addressed in paragraph (b) of this section.
    (2) Certain exceptions apply to non-Federal entities, as further 
addressed in paragraph (c) of this section;
    (3) Certain exceptions apply on Reclamation facilities, lands, and 
waterbodies administered by other Federal agencies, as further 
addressed in paragraph (d) of this section;
    (4) Certain exceptions apply on Reclamation facilities, lands, and 
waterbodies subject to treaties and Federal laws concerning tribes and 
Indians, as further addressed in paragraph (e) of this section; and
    (5) This part does not apply on Hoover Dam; on any structure, 
building, or property appurtenant thereto; or on the surrounding 
Reclamation facilities and lands. Public conduct at Hoover Dam is 
governed by 43 CFR part 421.
    (b) This part does not apply to:
    (1) Federal, state, and local law enforcement, fire, and rescue 
personnel in the performance of their official duties on Reclamation 
facilities, lands, and waterbodies;
    (2) An employee or agent of the Federal government when the 
employee or agent is carrying out official duties; or
    (3) An employee or agent of an entity that has entered into a 
contract or agreement with Reclamation to administer, operate, 
maintain, patrol, or provide security for Reclamation facilities, 
lands, and waterbodies, when the employee or agent is working within 
the scope of the defined activities described in the contract or 
agreement.
    (c) If a non-Federal entity has assumed responsibility for 
operating, maintaining, or managing Reclamation facilities, lands, or 
waterbodies through a contract or other written agreement:
    (1) Public conduct in and on those Reclamation facilities, lands, 
and waterbodies will be regulated by this part 423 as well as any 
regulations established by the entity, and the terms of the entity's 
contract with Reclamation.
    (2) In cases of conflict between the regulations of the entity and 
this part 423 or other Federal laws, this part and other Federal laws 
will govern.
    (d) Public conduct on Reclamation facilities, lands, and 
waterbodies administered by other Federal agencies under statute or 
other authority will be governed by the regulations of those agencies 
rather than this part 423. However, Reclamation retains the right to 
take necessary actions to safeguard the security and safety of the 
public and such Reclamation facilities, lands and waterbodies.
    (e) This part applies on all Reclamation facilities, lands, and 
waterbodies that are subject to Treaties with, and Federal laws 
concerning the rights of, Federally recognized Tribes, and individual 
Indians who are members thereof, to the extent that this part is 
consistent with those Treaties and Federal laws.

Subpart B--Areas Open and Closed to Public Use


Sec.  423.10  What areas are open to public use?

    All Reclamation facilities, lands, and waterbodies are open to 
lawful use by the public unless they are closed to public use under 
this subpart B of this part 423.


Sec.  423.11  What areas are closed to public use?

    The following Reclamation facilities, lands, and waterbodies, or 
portions thereof, are closed to public use:
    (a) Those that were closed to public use as of [effective date of 
this regulation], as evidenced by fencing, gates, barriers, locked 
doors, road closures, signage, posting of notices, or other reasonably 
obvious means; and
    (b) Those that are closed after [effective date of this regulation] 
under Sec.  423.12.
    (c) Those that are closed periodically and regularly under Sec.  
423.13.


Sec.  423.12  How will Reclamation close additional areas?

    (a) Non-emergency situations. In non-emergency situations, an 
authorized official must provide 30 days advance public notice before 
closing all or portions of Reclamation facilities, lands, or 
waterbodies. The notice must include publication in a newspaper of 
general circulation in the locale of the Reclamation facilities, lands, 
or waterbodies to be closed. Non-emergency situations covered by this 
section include:
    (1) Protection and security of Reclamation facilities and of 
Reclamation's employees and agents;
    (2) Protection of public health and safety, cultural resources, 
natural resources, scenic values, or scientific research activities;
    (3) Safe and efficient operation and maintenance of Reclamation 
projects;
    (4) Reduction or avoidance of conflicts among visitor use 
activities;
    (5) National security; or
    (6) Other reasons in the public interest.
    (b) Emergency situations. In emergency situations where delay would 
result in significant risks, or for reasons of national security, an 
authorized official may close all or portions of Reclamation 
facilities, lands, or waterbodies without advance public notice.


Sec.  423.13  How will Reclamation establish periodic and regular 
closures?

    Reclamation facilities, lands, or waterbodies that are closed 
periodically and regularly, regardless of the date of the initial 
closure, must be noticed as provided in Sec.  423.12(a) only once, and 
at any time the schedule of closure is changed.


Sec.  423.14  How will Reclamation post and delineate closed areas?

    Before or at the time of closing all or portions of Reclamation 
facilities, lands, or waterbodies to public use, the responsible 
authorized official must indicate the closure by:
    (a) Locked doors, fencing, gates, and other barriers;
    (b) Posted signs and notices at conspicuous locations, such as at 
normal points of entry and at reasonable intervals along the boundary 
of the closed area;

[[Page 54219]]

    (c) Notations on maps available at the local Reclamation office, 
office of the operating entity, or other places convenient to the 
public; or
    (d) Other reasonably obvious means.


Sec.  423.15  How will Reclamation document closures or reopenings?

    (a) The authorized official must document the reason(s) for 
establishing any closure or reopening that occurs after [insert the 
effective date of the regulation]. The official must do this before the 
closure or reopening, except in the situations described in Sec.  
423.12(b). In such situations, the authorized official must complete 
the documentation as soon as practicable.
    (b) Documentation of a closure must cite one or more of the 
conditions for closure described in Sec.  423.12 of this part.
    (c) Documentation of closures or reopenings will be available to 
the public upon request, except when the release of this documentation 
would result in a breach of national security or the security of 
Reclamation facilities.


Sec.  423.16  Who can be exempted from closures?

    (a) You may be exempted from a closure, subject to any terms and 
conditions established under paragraph (c) of this section, by the 
authorized official who effected or who is responsible for the closure, 
if you are:
    (1) A person with a license or concession agreement that requires 
you to have access to the closed Reclamation facilities, lands, or 
waterbodies;
    (2) An owner or lessee of real property, resident, or business in 
the vicinity of closed Reclamation facilities, lands, or waterbodies 
who cannot reasonably gain access to your property, residence, or place 
of business without entering and crossing such closed Reclamation 
facilities, lands, or waterbodies; or
    (3) A holder of a permit granting you an exemption from the closure 
issued under subpart D of this part 423 by the authorized official who 
effected or who is responsible for the closure.
    (b) You may request exemption from a closure by writing to the 
authorized official who effected or who is responsible for the closure. 
You need not do so if you have such an exemption in effect on 
[effective date of this regulation].
    (c) An authorized official may establish terms and conditions on 
any exemption from a closure, or terminate such exemption, for any of 
the reasons listed in Sec.  423.12.


Sec.  423.17  How will Reclamation reopen closed areas?

    An authorized official may reopen to public use any Reclamation 
facilities, lands, and waterbodies, or portions thereof. The authorized 
official may do this at any time with advance or subsequent public 
notice, except as required by other statute or regulation, and must 
document the reopening as provided in Sec.  423.15.

Subpart C--Rules of Conduct


Sec.  423.20  General rules.

    (a) You must obey all applicable Federal, State, and local laws 
whenever you are at or on any Reclamation facilities, lands, or 
waterbodies.
    (b) You must comply with all provisions of this subpart C whenever 
you are at or on any Reclamation facilities, lands, or waterbodies, 
except as specifically provided by:
    (1) A permit issued by an authorized official under subpart D of 
this part 423;
    (2) A contract with Reclamation or agency managing Reclamation 
lands, facilities and waterbodies;
    (3) The rules established by an authorized official in a special 
use area under subpart E of this part 423; or
    (4) A right-of-use issued under 43 CFR part 429.


Sec.  423.21  Responsibilities.

    (a) You are responsible for finding, being aware of, and obeying 
notices and postings of closed and special use areas established by an 
authorized official under subpart B and subpart E of this part 423.
    (b) You are responsible for the use of any device, vehicle, vessel, 
or aircraft you own, lease, or operate on Reclamation facilities, 
lands, or waterbodies. You may be issued a citation for a violation of 
regulations applicable to the use of any device, vehicle, vessel, or 
aircraft as provided in this part as the owner, lessee, or operator.
    (c) You are responsible for the use and treatment of Reclamation 
facilities, lands, and waterbodies, and the cultural resources, 
wildlife, and other natural resources located thereon, by you and those 
for whom you are legally responsible. This presumption is sufficient to 
issue a citation to you for violation of provisions of these 
regulations by you or by those for whom you are legally responsible.
    (d) The regulations governing permits, other use authorizations, 
and fees on Reclamation lands that are found in subpart D of this part 
423 apply to your use of Reclamation facilities, lands, and 
waterbodies.
    (e) You must furnish identification information upon request by a 
law enforcement officer.


Sec.  423.22  Interference with agency functions and disorderly 
conduct.

    (a) You must not assault, threaten, disturb, resist, intimidate, 
impede, or interfere with any employee or agent of the United States, 
state, or local government engaged in an official duty.
    (b) You must comply with any lawful order of an authorized 
government employee or agent for the purpose of maintaining order and 
controlling public access and movement during law enforcement actions 
and emergency or safety-related operations.
    (c) You must not knowingly give a false report or other false 
information to an authorized government employee or agent.
    (d) You must not interfere with, impede, or disrupt the authorized 
use of Reclamation facilities, lands, or waterbodies or impair the 
safety of any person.
    (e) Disorderly conduct is prohibited.


Sec.  423.23  Abandonment and impoundment of personal property.

    (a) You must not abandon personal property of any kind in or on 
Reclamation lands, facilities, or waterbodies.
    (b) You must not store or leave unattended personal property of any 
kind.
    (1) Unattended personal property is presumed to be abandoned:
    (i) After a period of 24 hours;
    (ii) At any time after a posted closure takes effect under subpart 
B of this part 423; or
    (iii) At any time for reasons of security, public safety, or 
resource protection.
    (2) If personal property is presumed abandoned, an authorized 
official may impound it and store it and assess a reasonable 
impoundment fee.
    (3) The impoundment fee must be paid before the authorized official 
will return the impounded property to you.
    (c) An authorized official may impound or destroy unattended 
personal property at any time if it:
    (1) Interferes with safety, operation, or management of Reclamation 
facilities, lands, or waterbodies; or
    (2) Presents a threat to persons or Reclamation project resources.
    (d) An authorized official may dispose of abandoned personal 
property in accordance with the procedures contained in title 41 CFR 
and applicable Reclamation and Department of the Interior policy.

[[Page 54220]]

Sec.  423.24  Trespassing.

    You must not trespass on Reclamation facilities, lands, and 
waterbodies.


Sec.  423.25  Vandalism, tampering, and theft.

    (a) You must not tamper or attempt to tamper with, move, 
manipulate, operate, adjust, or set in motion property not under your 
lawful control or possession including, but not limited to, vehicles, 
equipment, controls, recreational facilities, and devices.
    (b) You must not destroy, injure, deface, damage, or unlawfully 
remove property not under your lawful control or possession.
    (c) You must not drop, place, throw, or roll rocks or other items 
inside, into, down, or from, dams, spillways, dikes, or other 
structures and facilities.


Sec.  423.26  Public events and gatherings.

    You must not conduct public assemblies, meetings, gatherings, 
demonstrations, parades, and other events without a permit issued 
pursuant to subpart D of this part 423. Public gatherings that involve 
the possession or occupancy of Reclamation facilities, lands, and 
waterbodies are governed by 43 CFR part 429.


Sec.  423.27  Advertising and public solicitation.

    You must not engage in advertising or solicitation on Reclamation 
facilities, lands, or waterbodies except as allowed under a valid 
contract with Reclamation, or as allowed by a permit issued pursuant to 
subpart D of this part 423.


Sec.  423.28  Memorials.

    You must not bury, deposit, or scatter human or animal remains, or 
place memorials, markers, vases, or plaques on Reclamation facilities, 
lands, or waterbodies, except with a permit issued pursuant to subpart 
D of this part 423, and in accordance with applicable Federal, state, 
and local law. In addition to the foregoing requirements, human or 
animal burial is allowed only in established cemeteries that are open 
to interments. This section does not apply to the burial of parts of 
fish or wildlife taken in legal hunting, fishing, or trapping.


Sec.  423.29  Natural and cultural resources.

    (a) You must not destroy, injure, deface, remove, search for, 
disturb, or alter natural resources or cultural resources, including 
abandoned buildings or structures, on or in Reclamation facilities, 
lands, or waterbodies except in accordance with applicable Federal, 
state, and local laws.
    (b) You must not introduce wildlife, fish, or plants, including 
their reproductive bodies, into Reclamation lands and waterbodies 
without a permit issued pursuant to subpart D of this part 423.
    (c) You must not drop, place, throw, or roll rocks or other items 
inside, into, at, or down, caves, caverns, valleys, canyons, 
mountainsides, thermal features, or other natural formations.
    (d) You must not damage, cut, gather, harvest, remove, use, or 
possess wood, trees, or parts of trees on Reclamation lands except as 
specifically allowed in special use areas designated by an authorized 
official under subpart E of this part 423.
    (e) You must not walk on, climb, enter, ascend, descend, or 
traverse cultural resources on Reclamation lands, including monuments 
or statues, except as specifically allowed in special use areas 
designated by an authorized official under subpart E of this part 423.
    (f) You must not possess a metal detector or other geophysical 
discovery device, or use a metal detector or other geophysical 
discovery techniques to locate or recover subsurface objects or 
features, except:
    (1) When transporting, but not using, a metal detector or other 
geophysical discovery device in a vehicle on a public road as allowed 
under applicable Federal, state, and local law; or
    (2) As allowed by a permit issued pursuant to subpart D of this 
part 423.


Sec.  423.30  Weapons, explosives, and fireworks.

    (a) You must not have a weapon in your possession when at or in a 
Reclamation facility.
    (b) Except where prohibited or otherwise regulated by an authorized 
official in a special use area, you may possess a weapon at or on 
Reclamation lands and waterbodies, provided the weapon is stowed, 
transported, and/or carried in compliance with applicable Federal, 
state, and local law.
    (c) You must not discharge a weapon unless you are:
    (1) Using the weapon lawfully for hunting or fishing as allowed 
under Sec.  423.32, or at an authorized shooting range; and
    (2) In compliance with applicable Federal, state, and local law.
    (d) You must not use or possess explosives, or fireworks or 
pyrotechnics of any type, except as allowed by a permit issued pursuant 
to subpart D of this part 423, or in special use areas so designated by 
an authorized official under subpart E of this part 423.


Sec.  423.31  Fires.

    (a) You must not leave a fire unattended, and it must be completely 
extinguished before your departure.
    (b) You must not improperly dispose of lighted smoking materials, 
including cigarettes, cigars, pipes, matches, or other burning 
material.
    (c) You must not burn materials that produce toxic fumes, 
including, but not limited to, tires, plastic, flotation materials, or 
treated wood products.
    (d) You must not transport gasoline and other fuels in containers 
not designed for that purpose.
    (e) You must comply with all applicable Federal, state, and local 
fire orders, restrictions, or permit requirements.


Sec.  423.32  Hunting, fishing, and trapping.

    (a) You may hunt, fish, and trap in accordance with applicable 
Federal, state, and local laws in areas where both of the following 
conditions are met:
    (1) The area is not closed to public use under subpart B of this 
part 423; and
    (2) The area has not been otherwise designated by an authorized 
official as a special use area under subpart E of this part 423.
    (b) You must comply with any additional restrictions pertaining to 
hunting, fishing, and trapping established by an authorized official in 
a special use area under subpart E of this part 423.


Sec.  423.33  Camping.

    (a) You may camp on Reclamation lands, except that you must comply 
with any restrictions, conditions, limitations, or prohibitions on 
camping established by an authorized official in a special use area.
    (b) You must not camp on Reclamation lands for more than 14 days 
during any period of 30 consecutive days;
    (c) You must not attempt to reserve a campsite for future use by 
placing equipment or other items on the campsite, or by personal 
appearance, without camping on and paying the required fees for that 
campsite daily;
    (d) You must not camp on or place any equipment at a campsite that 
is posted or otherwise marked as ``reserved'' or ``closed'' by an 
authorized official without a valid reservation for that campsite, 
except as allowed by a permit issued under subpart D of this part 423; 
and
    (e) You must not dig in or level any ground, or build any 
structure, in a designated campground.


Sec.  423.34  Sanitation.

    (a) You must not bring or improperly dispose of refuse on 
Reclamation facilities, lands, and Reclamation waterbodies. Both the 
owner and the

[[Page 54221]]

person bringing or disposing refuse may be issued a citation for 
violating this provision.
    (b) Campers, picnickers, and all other persons using Reclamation 
lands must keep their sites free of trash and litter during the period 
of occupancy and must remove all personal equipment and clean their 
sites before departure.
    (c) You must not construct or use a latrine within 200 yards of any 
Reclamation waterbody, or within 200 yards of the high water mark of 
any reservoir.


Sec.  423.35  Animals.

    (a) You must not bring pets or other animals into public buildings, 
public transportation vehicles, or sanitary facilities. This provision 
does not apply to properly trained animals assisting persons with 
disabilities, such as seeing-eye dogs.
    (b) You must not abandon any animal on Reclamation facilities, 
lands, or waterbodies, or harass, endanger, or attempt to collect any 
animal except game you are attempting to take in the course of 
authorized hunting, fishing, or trapping.
    (c) Any unauthorized, unclaimed, or unattended animal on 
Reclamation lands may be:
    (1) Removed in accordance with Federal law, and applicable state 
and local laws; and
    (2) Confined at a location designated by an authorized official, 
who may assess a reasonable impoundment fee that must be paid before 
the impounded animal is released to its owner.
    (d) The following animals are prohibited and are subject to removal 
in accordance with Federal law, and applicable state and local laws:
    (1) Captive wild or exotic animals (including, but not limited to, 
cougars, lions, bears, bobcats, wolves, and snakes), except as allowed 
by a permit issued under Subpart D of this part 423; and
    (2) Any pets or animals displaying vicious or aggressive behavior 
or posing a threat to public safety or deemed a public nuisance.


Sec.  423.36  Swimming.

    (a) You may swim, wade, snorkel, scuba dive, kayak, raft, or tube 
at your own risk in Reclamation waters, except:
    (1) Within 300 yards of dams, power plants, pumping plants, 
spillways, stilling basins, gates, intake structures, and outlet works;
    (2) Within 100 yards of buoys or barriers marking public access 
limits;
    (3) In canals, laterals, siphons, tunnels, and drainage works; or
    (4) At public docks, launching sites, and designated mooring areas.
    (b) You must display an international diver down, or inland diving 
flag in accordance with state and U.S. Coast Guard guidelines when 
engaging in any underwater activities.
    (c) You must not dive, jump, or swing from dams, spillways, 
bridges, cables, towers, or other structures.


Sec.  423.37  Winter activities.

    (a) You must not tow persons on skis, sleds, or other sliding 
devices with a motor vehicle or snowmobile, except that you may tow 
sleds designed to be towed behind snowmobiles if joined to the towing 
snowmobile with a rigid hitching mechanism, and you may tow disabled 
snowmobiles by any appropriate means.
    (b) You must not ice skate, ice fish, or ice sail within 300 yards 
of dams, power plants, pumping plants, spillways, stilling basins, 
gates, intake structures, or outlet works.


Sec.  423.38  Operating vessels on Reclamation waters.

    (a) You must comply with Federal, State, and local laws applicable 
to the operation of a vessel or other watercraft on Reclamation waters, 
and with any restrictions established by an authorized official.
    (b) You must not operate a vessel in an area closed to the public.
    (c) You must observe restrictions established by signs, buoys, and 
other regulatory markers.
    (d) You must not operate a vessel, or knowingly allow another 
person to operate a vessel, in a reckless or negligent manner, or in a 
manner that endangers or is likely to endanger a person, property, 
natural resource, or cultural resource.
    (e) You must not operate a vessel when impaired or intoxicated 
under the standards established by applicable state and local law.
    (f) You must not occupy a vessel overnight, except where otherwise 
designated under applicable Federal, state, or local law, or where 
otherwise designated by an authorized official in a special use area.
    (g) You must not use a vessel as a place of habitation or 
residence.
    (h) You must not place or operate a vessel on a Reclamation 
waterbody for a fee or profit, except as allowed by contract or permit 
issued pursuant to subpart D of this part 423.
    (i) You must remove your vessels from Reclamation lands and waters 
when not in actual use for a period of more than 24 hours, unless they 
are securely moored or stored at special use areas so designated by an 
authorized official.
    (j) You must not attach or anchor a vessel to structures such as 
locks, dams, regulatory or navigational buoys, or other structures not 
designed for such purpose.
    (k) You must display an international diver down, or inland diving 
flag in accordance with state and U.S. Coast Guard guidelines when 
operating a vessel involved in any underwater activities.
    (l) You may engage in towing activities, including but not limited 
to waterskiing and tubing, only during daylight hours and subject to 
any applicable Federal, state, and local law.


Sec.  423.39  Standards for vessels.

    (a) All vessels on Reclamation waters must:
    (1) Be constructed and maintained in compliance with the standards 
and requirements established by, or promulgated under, Title 46 United 
States Code, and any applicable state and local laws and regulations;
    (2) Have safety equipment, including personal flotation devices, on 
board in compliance with U.S. Coast Guard boating safety requirements 
and in compliance with applicable state and local boating safety laws 
and regulations; and
    (3) If motorized, have and utilize a proper and effective exhaust 
muffler as defined by applicable state and local laws. Actions or 
devices which render exhaust mufflers ineffective are prohibited.
    (b) Owners or operators of vessels not in compliance with this 
Sec.  423.39 may be required to remove the vessel immediately from 
Reclamation waterbodies until items of non-compliance are corrected.


Sec.  423.40  Vehicles.

    (a) When operating a vehicle on Reclamation lands and Reclamation 
projects, you must comply with applicable Federal, State, and local 
laws, and with posted restrictions and regulations. Operating any 
vehicle through, around, or beyond a restrictive sign, recognizable 
barricade, fence, or traffic control barricade, is prohibited.
    (b) You must not park a vehicle in violation of posted restrictions 
and regulations, or in a manner that would obstruct or impede normal or 
emergency traffic movement or the parking of other vehicles, create a 
safety hazard, or endanger any person, property, or natural feature. 
Vehicles so parked are subject to removal and impoundment at the 
owner's expense.
    (c) You must not operate any vehicle, or allow another person to 
operate a vehicle in your control, in a careless,

[[Page 54222]]

negligent or reckless manner that would endanger any person, property, 
natural resource, or cultural resource.
    (d) In addition to the regulations in this part, the regulations 
governing off-road-vehicle use in 43 CFR part 420 apply.


Sec.  423.41  Aircraft.

    (a) You must not takeoff or land an aircraft on Reclamation lands 
or waterbodies except in special use areas so designated by an 
authorized official. This paragraph does not apply to pilots engaged in 
emergency rescue or in the official business of Federal, state, or 
local governments or law enforcement agencies, or who are forced to 
land due to circumstances beyond the pilot's control.
    (b) You must not operate any aircraft while on or above Reclamation 
facilities, lands, and waterbodies in a careless, negligent, or 
reckless manner so as to endanger any person, property, or natural 
feature.
    (c) This section does not provide authority to deviate from State 
or Federal regulations, or prescribed standards, including, but not 
limited to, regulations and standards concerning pilot certifications 
or ratings and airspace requirements.
    (d) Except in extreme emergencies threatening human life or serious 
property loss, you must not use non-standard boarding and loading 
procedures to deliver or retrieve people, material, or equipment by 
parachute, balloon, helicopter, or other aircraft.
    (e) Operation of aircraft on or over Reclamation lands and 
waterbodies is at the risk of the aircraft owner, pilot, and 
passenger(s).
    (f) You must comply with all applicable U.S. Coast Guard rules and 
Sec.  423.38 when operating a seaplane on Reclamation waterbodies.
    (g) You must securely moor any seaplane remaining on Reclamation 
waterbodies in excess of 24 hours at mooring facilities and locations 
designated by an authorized official. Seaplanes may be moored for 
periods of less than 24 hours on Reclamation waterbodies, except in 
special use areas otherwise designated by an authorized official, 
provided:
    (1) The mooring is safe, secure, and accomplished so as not to 
damage the rights of the Government or the safety of persons; and
    (2) The operator remains in the vicinity of the seaplane and 
reasonably available to relocate the seaplane if necessary.
    (h) Commercial operation of seaplanes from Reclamation waterbodies 
is prohibited.
    (i) You must not operate a seaplane on Reclamation lands and 
waterbodies between sunset and sunrise.
    (j) You must comply with any further restrictions on the operation 
of aircraft in the proximity of specific Reclamation facilities 
established by an authorized official.
    (k) You must not operate model aircraft except in special use areas 
so designated and posted by an authorized official.


Sec.  423.42  Gambling.

    Commercial gambling in any form, or the operation of gambling 
devices, is prohibited on Reclamation facilities, lands, and 
waterbodies unless authorized by applicable treaties or Federal, state, 
and local laws or regulations.


Sec.  423.43  Alcoholic beverages.

    You must not possess or consume alcoholic beverages in violation of 
Federal, state, or local law, or in special use areas so designated and 
posted by an authorized official under subpart E of this part 423.


Sec.  423.44  Controlled substances.

    You must not possess, consume, deliver, or be under the influence 
of, controlled substances included in schedules I, II, III, IV, or V of 
part B of the Controlled Substance Act (21 U.S.C. 812) on Reclamation 
facilities, lands, or waterbodies, unless the controlled substance was 
legally obtained through a valid prescription or order.

Subpart D--Authorization of Otherwise Prohibited Activities


Sec.  423.50  How can I obtain permission for prohibited or restricted 
uses and activities?

    (a) Authorized officials may issue permits to authorize activities 
on Reclamation facilities, lands, or waterbodies otherwise prohibited 
or restricted by Sec. Sec.  423.26, 423.27, 423.28, 423.29(a), 
423.29(b), 423.29(f), 423.30(d), 423.33(d), 423.35(d)(1), and 423.38(h) 
and may terminate or revoke such permits for non-use, non-compliance 
with the terms of the permit, violation of any applicable law, or to 
protect public health or safety or natural or cultural resources.
    (b) You may apply for permission to engage in activities otherwise 
prohibited or restricted by the sections listed in paragraph (a) of 
this section. You may apply to the authorized official responsible for 
the area in which your activity is to take place, and this authorized 
official may grant, deny, or establish conditions or limitations on 
this permission.
    (c) You must pay all required fees and properly display applicable 
permits, passes, or receipts.
    (d) You must not violate the terms and conditions of a permit 
issued by an authorized official. Any such violation is prohibited and 
may result in suspension or revocation of the permit, or other 
penalties as provided in subpart F of this part 423, or both.
    (e) You must, upon request by a law enforcement officer, display 
any permit authorizing your presence or activity on Reclamation 
facilities, lands, and waterbodies.

Subpart E--Special Use Areas


Sec.  423.60  How special use areas are designated.

    (a) After making a determination under paragraph (b) of this 
section, an authorized official may:
    (1) Designate special use areas within Reclamation facilities, 
lands, or waterbodies for application of reasonable schedules of 
visiting hours; public use limits; and other conditions, restrictions, 
allowances, or prohibitions on particular uses or activities that vary 
from the provisions of subpart C of this part 423; and
    (2) From time to time revise the boundaries of a previously 
designated special use area and revise or terminate previously imposed 
schedules of visiting hours; public use limits; and other conditions, 
restrictions, allowances, or prohibitions on a use or activity.
    (b) Before taking action under paragraph (a) of this section, an 
authorized official must make a determination that action is necessary 
for:
    (1) The protection of public health and safety;
    (2) The protection and preservation of cultural and natural 
resources;
    (3) The protection of environmental and scenic values, scientific 
research, the security of Reclamation facilities, the avoidance of 
conflict among visitor use activities; or
    (4) For other reasons in the public interest.


Sec.  423.61  Notifying the public of special use areas.

    When designating, revising, or terminating a special use area, 
Reclamation must notify the public as required by this section.
    (a) What notices must contain. The notice must specify:
    (1) The location of the special use area; and
    (2) The public use limits, conditions, restrictions, allowances, or 
prohibitions

[[Page 54223]]

on uses and activities that are to be applied to the area or that are 
to be revised or terminated.
    (b) How notice must be made. Reclamation must publish the notice 
required by paragraph (a) of this section in the Federal Register at 
least 15 days before the action takes place. Reclamation must also 
notify the public by one or more of the following methods:
    (1) Signs posted at conspicuous locations, such as normal points of 
entry and reasonable intervals along the boundary of the special use 
area;
    (2) Maps available in the local Reclamation office and other places 
convenient to the public;
    (3) Publication in a newspaper of general circulation in the 
affected area; or
    (4) Other appropriate methods, such as the use of electronic media, 
brochures, and handouts.
    (c) When notice may be delayed. (1) Notice under this section may 
be delayed in an emergency where delaying designation, revision, or 
termination of a special use area would result in significant risk to:
    (i) National security; or
    (ii) The security of a Reclamation facility, Reclamation employees, 
or the public.
    (2) If the exception in paragraph (c)(1) of this section applies, 
Reclamation must comply with paragraph (b) of this section within 30 
days after the effective date of the designation.
    (3) Failure to meet the Federal Register notice deadlines in 
paragraphs (b) or (c)(2) of this section will not invalidate an action, 
so long as Reclamation meets the remaining notification requirements of 
this section.
    (d) When notice is not required. Notice under this section is not 
required if all the following conditions are met:
    (1) The action will not result in a significant change in the 
public use of the area;
    (2) The action will not adversely affect the area's natural, 
esthetic, scenic or cultural values;
    (3) The action will not require a long-term or significant 
modification in the resource management objectives of the area; and
    (4) The action is not highly controversial.


Sec.  423.62  Documentation of special use area designation or 
termination.

    (a) The authorized official must document the reasons for 
designating a special use area and the restrictions, conditions, public 
use limits, or prohibitions that apply to that area. In the case of the 
termination of a previously established restriction, condition, public 
use limit, or prohibition, the authorized official must make a written 
determination as to why the restriction is no longer necessary.
    (b) Documentation of the designation or termination of a special 
use area must occur before the action, except in the emergency 
situations described in Sec.  423.61(c). In the latter case, the 
documentation is required within 30 days after the date of the 
designation.
    (c) Reclamation will make documents produced under this section 
available to the public upon request except in matters concerning 
national or facility security, or human safety.


Sec.  423.63  Reservations for public use limits.

    To implement a public use limit, the authorized official may 
establish a registration or reservation system.


Sec.  423.64  Existing special use areas.

    Areas designated and formally documented for special uses, public 
use limits, or other restrictions, on [effective date of this 
regulation] will remain so designated without the need for compliance 
with Sec. Sec.  423.60 through 423.63, except with respect to 
termination or modification of the special uses, public use limits, or 
other restrictions.

Subpart F--Violations and Sanctions


Sec.  423.70  Violations.

    (a) When at, in, or on Reclamation facilities, lands, or 
waterbodies, you must obey and comply with:
    (1) Any closure orders established under subpart B of this part 
423;
    (2) The regulations in subpart C of this part 423;
    (3) The conditions established by any permit issued under subpart D 
of this part 423; and
    (4) The regulations established by an authorized official in 
special use areas under subpart E of this part 423.
    (b) Violating any use or activity prohibition, restriction, 
condition, schedule of visiting hours, or public use limit established 
by or under this part 423 is prohibited.
    (c) Any continuous or ongoing violation of these regulations 
constitutes a separate violation for each calendar day in which it 
occurs.


Sec.  423.71  Sanctions.

    Under section (1)(a) of Pub. L. 107-69, you are subject to a fine 
under chapter 227, subchapter C of title 18 United States Code (18 
U.S.C. 3571), or can be imprisoned for not more than 6 months, or both, 
if you violate:
    (a) The provisions of this part 423; or
    (b) Any condition, limitation, or prohibition on uses or 
activities, or of public use limits, imposed under this part 423.

PART 429--PROCEDURE TO PROCESS AND RECOVER THE VALUE OF RIGHTS-OF-
USE AND ADMINISTRATIVE COSTS INCURRED IN THE PERMITTING OF SUCH USE

    2. Revise the authority citation for part 429 to read as follows:

    Authority: 43 U.S.C. 373 (32 Stat. 390); 43 U.S.C. 387 (53 Stat. 
1196), as amended by 64 Stat. 463, c. 752 (1950); Department of the 
Interior Manual Part 346, Chapters 1, 2, 3, and 4; 43 U.S.C. 501; 
Independent Offices Appropriation Act (31 U.S.C. 483a); and Budget 
Circular A-25, as amended by transmittal memorandums 1 and 2 of Oct. 
22, 1963, and April 16, 1974.

    3. Revise Sec.  429.1 to read as follows:


Sec.  429.1  Purpose.

    The purpose of this part is to notify the public that any 
possession or occupancy of any portion of and the extraction or 
disturbance of any natural resources from Reclamation lands, 
facilities, or waterbodies are prohibited without written authorization 
from Reclamation. Written authorizations must meet the requirements of 
the Independent Offices Appropriation Act (31 U.S.C. 483a) and Office 
of Management and Budget Circular A-25, as amended; both of which 
require that Reclamation recover both the fair market value of rights-
of-use granted to applicants and the administrative costs associated 
with the issuing of rights-of-use on lands, facilities, and waterbodies 
administered by Reclamation. This part also refers to costs incurred by 
Reclamation when, at the request of other agencies and parties, 
Reclamation gives aid and assistance in rights-of-use matters.
    4. In Sec.  429.2, paragraphs (c) and (d) are revised and new 
paragraphs (m) and (n) are added to read as follows:


Sec.  429.2  Definitions.

* * * * *
    (c) Regional Director means any one of the Reclamation Regional 
Directors designated by the Commissioner to act in specified rights-of-
use of actions. The Regional Directors may re-delegate portions of 
their authorities for granting rights-of-use to officers and employees 
of Reclamation.
    (d) Rights-of-use means rights-of-way, easements, permits, 
licenses, contracts, or agreements issued or granted non-competitively 
by Reclamation that authorize the possession or occupation of and the 
extraction or disturbance of

[[Page 54224]]

natural resources on Reclamation facilities, lands, and waterbodies.
* * * * *
    (m) Possession or occupancy and possess or occupy both mean to have 
in one's actual control or to use, hold, or reside in or on Reclamation 
facilities, lands, or waterbodies, including to use or hold such 
facilities, lands, or waterbodies in a manner or for a purpose that 
only temporarily restricts or precludes other public uses.
    (n) Reclamation land or lands means facilities, lands, and 
waterbodies under Reclamation's administrative control or jurisdiction.


Sec.  429.3  [Amended]

    5. In Sec.  429.3(c), remove the word ``apprised'' and add in its 
place ``appraised.''


Sec.  429.6  [Amended]

    6. In Sec.  429.6, remove the second sentence of the introductory 
text.


Sec.  429.11  [Removed and reserved]

    7. Remove and reserve Sec.  429.11.
    8. Add Sec. Sec.  429.12 and 429.13, to read as follows:


Sec.  429.12  Applicability.

    (a) This part 429 applies to any possession or occupancy of 
Reclamation facilities, lands, or waterbodies.
    (b) This part 429 does not apply to the use of Reclamation lands 
for transitory activities such as hiking, camping, sightseeing, 
picnicking, hunting, swimming, boating, fishing, and other personal 
recreational pursuits. These activities are governed by 43 CFR part 
423, Public Conduct on Bureau of Reclamation Facilities, Lands, and 
Waterbodies.
    (c) This part does not apply to leasing Reclamation lands for 
grazing, agriculture, or any other purposes where a greater return will 
be realized by the United States through a competitive bidding process.
    (d) This part does not apply to interests issued or granted for the 
replacement or relocation of facilities belonging to others under 
section 14 of the Reclamation Project Act of August 4, 1939, 43 U.S.C. 
389.
    (e) This part does not apply to archaeological resources or 
archaeological resources management activities that are governed by the 
Archaeological Resources Protection Act (Public Law 96-95), 43 CFR part 
7, and 43 CFR part 423.


Sec.  429.13  General restrictions.

    You must not possess or occupy, or extract or remove natural 
resources from Reclamation facilities, lands, or waterbodies unless you 
obtain a right-of-use in accordance with this part 429 or under other 
written agreement with Reclamation.

[FR Doc. 05-17918 Filed 9-12-05; 8:45 am]
BILLING CODE 4310-MN-P