[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Proposed Rules]
[Pages 10070-10074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03151]



[[Page 10070]]

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 423

[Docket No. BOR-2022-0001;RR83570000, 21XR0680A4, RX.19520003.920D502]
RIN 1006-AA58


Public Conduct on Bureau of Reclamation Facilities, Lands, and 
Waterbodies

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: We, the Bureau of Reclamation (Reclamation), are proposing to 
revise regulations that govern public access to and conduct on 
Reclamation facilities, lands, and waterbodies. The proposed changes 
clarify the regulations that are intended to maintain law and order and 
protect persons and property on Reclamation facilities, lands, and 
waterbodies while bringing the rulemaking into compliance with updated 
laws and regulations.

DATES: Comments on the proposed rulemaking must be submitted on or 
before April 17, 2023.

ADDRESSES: You may submit comments, identified by Docket No. BOR-2022-
0001 by either of the methods listed below.
    1. Electronically: Go to the Federal eRulemaking Portal at https://www.regulations.gov. In the Search box, enter BOR-2022-0001, which is 
the docket number for this rulemaking. Then, click on the Search 
button. On the resulting page, in the Search panel on the left side of 
the screen, under the Document Type heading, click the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment Now!''
    2. By hard copy: Submit by U.S. mail or hand-delivery to James 
Bingham, Bureau of Reclamation, Security Division, 84-57000, P.O. Box 
25007, Denver, Colorado 80225.
    See Public Comments under SUPPLEMENTARY INFORMATION, below, for 
more information about submitting comments.

FOR FURTHER INFORMATION CONTACT: Brian Cornell, Security Division, 
Bureau of Reclamation, at (303) 445-3694, or via email at 
[email protected]. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services.

SUPPLEMENTARY INFORMATION: 

Background

    On November 12, 2001, Congress enacted Public Law 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 of the Interior delegated this 
authority to the Commissioner of Reclamation.
    On April 17, 2002, Reclamation published 43 CFR part 423, Public 
Conduct on Bureau of Reclamation Lands and Projects (67 FR 19092) as an 
interim final rule. In the preamble to that rule, Reclamation stated 
its intent to replace the interim final rule with a more comprehensive 
public conduct rule and set April 17, 2003, as the interim final rule's 
expiration date. In order to provide more time to develop the 
comprehensive public conduct rule, Reclamation extended the expiration 
of the interim final rule to April 17, 2005 (68 FR 16214, April 3, 
2003), and again to April 17, 2006 (70 FR 15778, March 29, 2005).
    On September 13, 2005, Reclamation published a proposed public 
conduct rule (70 FR 54214) and asked the public to comment on that 
proposed rule. The final rule, 43 CFR part 423, was published in the 
Federal Register on April 17, 2006 (71 FR 19790).
    On September 24, 2008, Reclamation published an interim final 
public conduct rule (73 FR 54977) that made minor amendments to the 
existing part 423 and asked the public to comment on that rule. In 
response to those public comments, the final rule made minor changes to 
the interim final rule (73 FR 75347, December 11, 2008).
    Since the 2008 amendments, technology, especially of unmanned 
aircraft systems (UAS) commonly referred to as ``drones,'' has 
developed rapidly. With this technology came new regulations from the 
Federal Aviation Administration, specifically regarding the use of UAS 
(14 CFR Chapter 1, Subchapter F, Part 107 Small Unmanned Aircraft 
Systems). Reclamation's intent in revising this part is to apply 
consistency with the Federal Aviation Administration's regulations. 
Reclamation is also seeking to modernize and update regulations 
impacting firearms possession, animal control, and access and occupancy 
of Reclamation facilities, lands, and waterbodies. The intent is to 
allow local, State, and other managing recreation partners to manage 
their facilities and sites using their regulations, and not be burdened 
with conflicting Federal regulations they have no jurisdiction to 
enforce. And finally, Reclamation seeks to ease the absolute 
prohibition regarding reburials and allow an application process to 
obtain permits for this activity along with other existing activities 
allowed by permit.

Development of the Proposed Rule

    Reclamation is proposing to make the following revisions to 43 CFR 
part 423:
    Authorities Section. We are updating this section to simplify the 
authorities for this part based on what exists in law. Public Law 107-
69, codified at 43 U.S.C. 373(b)(a) states: ``The Secretary of the 
Interior shall issue regulations necessary to maintain law and order 
and protect persons and property within Reclamation projects and on 
Reclamation lands.''
    Subpart A, Section 423.2, Definitions of terms used in this part. 
We are proposing to update the definitions of aircraft, firearms, and 
off-road vehicle, and add a definition of model aircraft to align with 
other existing Federal statutes. The term firearm will be updated to 
make it consistent with what exists in 18 U.S.C. 921(a)(3).
    Subpart C, 423.21 Responsibilities. We are proposing to add 
paragraph (f) to this section. In most recreation sites and visitor 
centers where fees are charged, the managing partner or contractor, 
such as a state park, collects and manages fees. Most of these managing 
partners have a means of enforcement such as park rangers with law 
enforcement powers. However, there are a few sites where a managing 
partner does not have an enforcement capability such as an irrigation 
district. This clarifies the responsibilities of all to pay camping and 
other recreation fees where applicable when at Reclamation facilities, 
lands and waterbodies.
    Section 423.27, Advertising and Solicitation. Reclamation 
recognizes the use of its facilities, lands, and waterbodies is not 
usually an appropriate place to conduct advertising or solicitations. 
However, there are certain circumstances where the activity may be 
permitted but only under the issuance of authorization. This section 
will be revised to clarify these circumstances. We are also proposing 
to add a new paragraph to this section prohibiting the sale and 
purchase of private goods and personal property on Reclamation property 
unless specifically authorized under a permit or use authorization as 
defined in Subpart D of the proposed rule.

[[Page 10071]]

    Section 423.28, Memorials and Native American Graves Protection and 
Repatriation Act (NAGPRA) Reburials. We are proposing to add paragraph 
(b) to this section to address reburials. Currently, 43 CFR part 423 
has an absolute prohibition on burying human remains. The proposed rule 
would address the circumstance of reburials for Tribal cultures and 
communities, especially when human remains of Native American ancestors 
are inadvertently discovered through Reclamation operations such as the 
drawdown of a reservoir or naturally eroding from their original burial 
locations, or previously collected during earlier project construction. 
Our proposed amendments add reburials of Native American ancestors or 
cultural items as defined in NAGPRA, including funerary objects, sacred 
objects, and objects of cultural patrimony, to the list of prohibited 
activities for which an application for a permit may be submitted. 
Under the proposed rule, reburial of NAGPRA human remains or cultural 
items may be allowed in some circumstances which would require a permit 
as described in Subpart D of this rulemaking.
    Section 423.30, Weapons, Firearms, Explosives, and Fireworks. We 
are updating our regulation regarding the possession of firearms to be 
consistent with firearms possession in units of the National Park 
Service and National Wildlife Refuge System. Title 16 U.S.C. 1a-7b(b) 
prohibits the enforcement or creation of regulations that prohibit the 
possession of firearms in units of the National Park Service or 
National Wildlife Refuge System, such as national historic parks and 
recreational areas. Reclamation has 11 national recreation areas and 12 
national wildlife refuges overlayed across our projects or associated 
with our facilities. We are seeking consistency with 16 U.S.C. 1a-7b(b) 
for Reclamation-operated recreation facilities.
    In addition, the proposed rule would clarify firearms possession in 
recreation areas or facilities operated by other Governmental agencies 
such as state parks. Like camping, local recreation managing partners 
or jurisdictions may have different regulations regarding firearms. We 
are seeking to give more local control of recreation sites to the 
entities who operate and manage them. The managing partners would 
benefit by having consistent regulations for all their managed sites, 
including those laid across Reclamation lands and waters through a 
cooperative agreement or contract.
    Section 423.33, Camping. We are proposing to update camping stay 
limits to address the practicalities of our project lands. Currently, 
this rule prohibits camping over 14 days at any single Reclamation 
project. We recognize some Reclamation projects can span hundreds of 
miles and in multiple states. We are proposing to amend this rule to 
make the 14-day prohibition for a single Reclamation facility in a 
single location.
    In addition, we are proposing to amend this rule to address the 
responsibilities of managing recreation partners. We recognize many of 
our managing partners such as state or county parks may have their own 
rules regarding camping. We are seeking to give more local control of 
recreation sites to the entities who operate and manage them. The 
managing partners would benefit by having consistent regulations for 
all their managed sites, including those laid across Reclamation lands 
and waters through a cooperative agreement or contract.
    Section 423.35, Animals. Currently, 43 CFR part 423 has no 
prohibition for unrestrained animals and pets. This poses a risk to 
visitors and staff. We are proposing to add the requirement to have 
animals restrained while at a Reclamation facility. This is consistent 
with most local animal control laws and regulations. Like camping, 
local recreation managing partners or jurisdictions may have different 
regulations regarding animals and pets. We are seeking to give more 
local control of recreation sites to the entities who operate and 
manage them.
    Section 423.36, Swimming. We are proposing to revise our 
regulations regarding access and recreation near some of our facilities 
to address the practicalities of their locations. In some cases, 
smaller reservoirs are no larger than 300 yards in length, making 
swimming or other water activities prohibited as they are within 300 
yards of a dam. Removing the 300-yard standoff distance and using 
signage and barriers gives the public better direction as to where they 
can and cannot swim.
    Section 423.37, Winter Activities. We are proposing to revise this 
section of the rule regarding access and recreation near some of our 
facilities, specifically during winter conditions to address the 
practicalities of their locations. In some cases, smaller reservoirs 
are no larger than 300 yards in length, making winter recreation 
activities prohibited as they are within 300 yards of a dam. Removing 
the 300-yard standoff distance and using signage and barriers gives the 
public better direction as to where they can and cannot enjoy winter 
recreation activities.
    Section 423.41, Aircraft. We are proposing to revise and update the 
definition for aircraft and add a definition for model aircraft to 
reflect the modern reality of the rise in UAS and to become consistent 
with the definitions in regulations issued by the Federal Aviation 
Administration. Aircraft landing and taking off from Reclamation 
waters, flying too close to our infrastructure, such as hydro-electric 
power plants, and flying over recreation facilities presents security 
and safety risks. We are proposing to revise our regulations to be 
consistent with those of the Federal Aviation Administration, while 
allowing permits to be sought for certain aviation activities, such as 
for scientific research. A departure from the Federal Aviation 
Administration's definitions could add confusion and an inconsistent 
application of laws and regulations for pilots and the general public.
    Subpart D, Section 423.50, How can I obtain permission for 
prohibited or restricted uses and activities? We are revising this 
section to add a new subsection Sec.  428.28(b). In paragraph (a), 
authorized officials may give authorization or issue permits for 
certain activities on Reclamation facilities, lands, and waterbodies 
otherwise prohibited or restricted by subsections 423.16(a)(3), 423.26, 
423.27, 423.28(b), 423.29,(f), 423.30(c), 423.33(d), and 423.35(d)(1), 
and may terminate, revoke, or limit such authorization or permit for 
non-use or non-compliance with the terms of the authorization or 
permit, or for violation of any applicable law, or to protect the 
health, safety, or security of persons, Reclamation assets, or natural 
or cultural resources.
    Subpart E, Sections 423.60 and 423.63. The reference to Sec.  
423.28 in both of these sections is being revised to read Sec.  
423.28(a) as it relates to the memorials portion only of Sec.  423.28.

Public Comments

    You may submit comments on this proposed rule by any one of the 
methods listed in the ADDRESSES section of this proposed rulemaking. We 
will not accept comments sent by email or fax or to an address not 
listed in ADDRESSES.
    We will post your entire comment on https://www.regulations.gov. 
Before including personal identifying information in your comment, you 
should be aware that we may make your entire comment--including your 
personal identifying information--publicly available at any time. While 
you can ask us in your comment to withhold your personal identifying

[[Page 10072]]

information from public review, we cannot guarantee that we will be 
able to do so. We will post all hardcopy comments on https://www.regulations.gov.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this proposed rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the Nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The Executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
proposed rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    This proposed rule will not have a significant regulatory effect on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Congressional Review Act

    The Congressional Review Act defines a rule as major if it meets 
any of three criteria. The three criteria are:
    (a) Does the proposed rule have an annual effect on the economy of 
$100 million or more?
    (b) Will the proposed rule cause a major increase in costs or 
prices for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions?
    (c) Does the proposed rule have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises? This proposed rule is not anticipated to be a major rule 
under the Congressional Review Act.

Unfunded Mandates Reform Act (UMRA)

    This proposed rule would not impose an unfunded mandate on State, 
local, or Tribal governments or the private sector of more than $100 
million per year. This proposed rule would not have a significant or 
unique effect on State, local, or Tribal governments or the private 
sector. A statement containing information required by the UMRA (2 
U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630. This 
proposed rule is not a government action capable of interfering with 
constitutionally protected property rights. A takings implication 
assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement. It 
does not have a substantial direct effect on the States, on the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the levels of 
Government. A federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this proposed rule:
    (a) meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation, and
    (b) meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
proposed rule under the Department of the Interior's consultation 
policy and under the criteria in Executive Order 13175 and although 
there are no substantial direct effects on Federally recognized Indian 
Tribes, Reclamation chooses to engage in Tribal consultation and will 
fully consider Tribal views in the final rule. With the unique 
relationship between Federal Government and Indian Tribal governments, 
Reclamation aims to ensure Tribal governments are engaged, particularly 
in the discussion about potential permitting for reburial of their 
ancestors and NAGPRA cultural items on Reclamation managed lands.

Paperwork Reduction Act of 1995

    This proposed rule does not contain information collection 
requirements and does not require a submission to the Office of 
Management and Budget under the Paperwork Reduction Act.

National Environmental Policy Act

    This proposed rule is categorically excluded from National 
Environmental Policy Act of 1969 (NEPA) analysis under Department of 
the Interior categorical exclusion 43 CFR 46.210(i), which covers 
``Policies, directives, regulations, and guidelines: that are of an 
administrative, financial, legal, technical, or procedural nature; or 
whose environmental effects are too broad, speculative, or conjectural 
to lend themselves to meaningful analysis and will later be subject to 
the NEPA process, either collectively, or case-by-case.'' This proposed 
rule would not change the existing allowances regarding public access 
to and conduct on Reclamation facilities, lands, and waterbodies except 
in instances where additional permits may be needed that could be 
subject to NEPA. Pursuant to 43 CFR 46.205(c), Reclamation has reviewed 
its reliance upon this categorical exclusion against the list of 
extraordinary circumstances at 43 CFR 46.215 and has found that none 
are applicable for this proposed rule. Therefore, neither an 
environmental assessment nor an environmental impact statement is 
required for this proposed rulemaking.

Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211 and does not require a Statement of 
Energy Effects.

Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), 12988 
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:

[[Page 10073]]

    (a) be logically organized,
    (b) use the active voice to address readers directly,
    (c) use common, everyday words and clear language rather than 
jargon,
    (d) be divided into short sections and sentences, and
    (e) use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section of this 
proposed rulemaking. To better help us revise the rule, your comments 
should be as specific as possible. For example, you should tell us the 
numbers of the sections or paragraphs that you find unclear, which 
sections or sentences are too long, the sections where you feel lists 
or tables would be useful, etc.

List of Subjects in 43 CFR Part 423

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

Proposed Regulation Promulgation

    For the reasons stated in the preamble, Reclamation proposes to 
amend part 423 of title 43 of the Code of Federal Regulations as 
follows:

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

0
1. Revise the authority citation for part 423 to read as follows:

    Authority:  Public Law 107-69 (November 12, 2001) (Law 
Enforcement Authority) (43 U.S.C. 373a).

0
2. Amend Sec.  423.2 by revising the definitions of the terms Aircraft, 
Firearm, Off-road vehicle, and adding the term Model Aircraft in 
alphabetical order to read as follows:


Sec.  423.2   Definitions of terms used in this part.

    Aircraft means a device that is:
    (1) Used or intended to be used for flight in the air;
    (2) Capable of carrying a pilot, cargo, and/or passengers;
    (3) Controlled either by onboard crew or remotely; and
    (4) Identified by the Federal Aviation Administration as: general 
aviation aircraft, bush planes, seaplanes, float planes, ski planes, 
gliders, and helicopters, including those that are float/ski-equipped 
and variations of model aircraft.
* * * * *
    Firearm means:
    (1) Any weapon (including a starter gun) which will, is designed 
to, or may readily be converted to expel a projectile by the action of 
an explosive;
    (2) The frame or receiver of any such weapon; and
    (3) Any firearm muffler or firearm silencer.
* * * * *
    Model aircraft means a device that is an unmanned aircraft that is:
    (1) Capable of sustained flight in the atmosphere;
    (2) Typically flown within visual line of sight of the person 
operating the device;
    (3) Flown for hobby or recreational purposes;
    (4) Incapable of carrying a pilot, passengers, or significant 
cargo; and
    (5) Is remotely controlled.
* * * * *
    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:
* * * * *
    (8) Electric bikes as defined and codified at 43 CFR part 420.
0
3. Revise Sec.  423.21 by adding paragraph (f) to read as follows:


Sec.  423.21   Responsibilities.

* * * * *
    (f) You must pay applicable fees established by Federal, State, or 
local government recreation management entities, or contracted vendors 
for activities on Reclamation facilities, lands, and waterbodies such 
as, but not limited to, camping, boating, parking, day-use, or visitor 
tours.
0
4. Revise Sec.  423.27 to read as follows:


Sec.  423.27   Advertising and public solicitation.

    (a) You must not engage in advertising or solicitation on 
Reclamation facilities, lands, or waterbodies except as allowed under 
valid contract with Reclamation, or as allowed by a permit issued 
pursuant to Subpart D of this part 423.
    (b) It is prohibited to sell private goods, including personal 
property, or represent others in the selling of personal property, on 
Reclamation property unless specifically authorized under permit issued 
pursuant to Subpart D of this part 423.
0
5. Revise Sec.  423.28 to read as follows:


Sec.  423.28   Memorials and Native American Graves Protection and 
Repatriation Act (NAGPRA) reburials.

    (a) Memorials. You must not bury, deposit, or scatter animal or 
human remains (except as noted in paragraph (b) of this section), or 
place memorials, markers, vases, or plaques on Reclamation facilities, 
lands, or waterbodies. This section does not apply to the burial of 
parts of fish or wildlife taken in legal hunting, fishing, or trapping.
    (b) NAGPRA Reburials. You must not rebury human remains on 
Reclamation facilities, lands, or waterbodies unless permitted under 
Subpart D of this part 423. An Indian Tribe official or the lineal 
descendants of Federally recognized Tribes may apply for a permit 
issued pursuant to Subpart D of this part 423 to rebury NAGPRA (25 
U.S.C. 3001-3013) human remains or cultural items (funerary objects, 
sacred objects, or objects of cultural patrimony) on Reclamation 
facilities, lands, or waterbodies.
0
6. Amend Sec.  423.30 by adding paragraph (d) to read as follows:


Sec.  423.30   Weapons, firearms, explosives, and fireworks.

* * * * *
    (d) In recreation facilities or areas operated through contracts or 
other agreements by a managing recreation partner agency from another 
Federal, State, local, or Tribal governmental entity, such as a State 
or county park unit, the laws, ordinances, and regulations pertaining 
to possession and use of firearms shall be enforced by those partner 
agencies.
0
7. Amend Sec.  423.33 by revising paragraph (b) and adding paragraph 
(f) to read as follows:


Sec.  423.33   Camping.

* * * * *
    (b) Camping stay limits:
    (1) You must not camp on Reclamation lands at any single 
Reclamation recreation facility such as a campground for more than 14 
days during any period of 30 consecutive days, except as allowed by 
permit issued under Subpart D of this part.
    (2) You must not camp in a single location on Reclamation lands, 
including undeveloped project lands or open range for more than 14 days 
during any period of 30 consecutive days, and must move at least 10 
miles after each 14-day period is reached, except as allowed by permit 
issued under Subpart D of this part.
* * * * *
    (f) Where recreation facilities or other areas of Reclamation lands 
and waterbodies are operated through a contract or other agreement by a 
managing recreation partner of another Federal, State, local or Tribal 
governmental entity, such as a State or county park unit, the laws, 
ordinances,

[[Page 10074]]

and regulations pertaining to camping shall be enforced by those 
agencies.
0
8. Amend Sec.  423.35 by adding paragraphs (e) and (f) to read as 
follows:


Sec.  423.35   Animals.

* * * * *
    (e) Animals must always be controlled on leashes, in cages or other 
methods of confinement or control when at or in a Reclamation facility.
    (f) Where recreation facilities or other areas of Reclamation lands 
and waterbodies are operated through a contract or other agreement by a 
managing recreation partner of another Federal, State, local, or Tribal 
governmental entity, such as a State or county park unit, the laws, 
ordinances, and regulations pertaining to animals and pets shall be 
enforced by those agencies.
0
9. Amend Sec.  423.36 by revising paragraph (a) to read as follows:


Sec.  423.36  Swimming.

    (a) * * *
    (1) You may not swim past signs, fences, buoys, or barriers marking 
public access limits to, or within 100 yards of Reclamation structures 
including, but not limited to, dams, powerplants, pumping plants, 
spillways, water conveyance gates, intake structures, stilling basins, 
and outlet works,
    (2) In canals, laterals, siphons, tunnels, and drainage works;
    (3) At public docks, launching sites, and designated mooring areas; 
or
    (4) As otherwise delineated by signs or other markers.
* * * * *
0
10. Amend Sec.  423.37 by revising paragraph (b) to read as follows:


Sec.  423.37   Winter activities.

* * * * *
    (b) You must not drive past buoys or barriers marking public access 
limits to, or come within 100 yards of, Reclamation structures 
including, but not limited to, dams, powerplants, pumping plants, 
spillways, water conveyance gates, intake structures, stilling basins, 
and outlet works.
* * * * *
0
11. In Sec.  423.41, revise paragraphs (b), (c), (e), and (f), and 
remove paragraph (g). The revisions read as follows.


Sec.  423.41   Aircraft.

* * * * *
    (b) Aircraft flight altitudes must include the following:
    (1) You must not operate any aircraft within 400 feet near or over 
dams, powerplants, electrical switchyards, pumping plants, spillways, 
stilling basins, gates, intake structures, outlet works, warehouses, 
offices, maintenance facilities, campgrounds, gate houses, control 
houses, or other occupied recreation or operations facilities without 
prior approval by an authorized official.
    (2) You must not operate any aircraft on or above Reclamation 
facilities, lands, and waterbodies in a careless, negligent, or 
reckless manner so as to endanger or harass persons or wildlife or pose 
a risk to infrastructure or natural or cultural resources.
    (c) Temporary flight restrictions must include the following:
    (1) You must not operate an aircraft on or above Reclamation 
facilities, lands, and waterbodies in violation of a temporary flight 
restriction established by the Federal Aviation Administration without 
prior approval by an authorized officer.
    (2) This section does not provide authority to deviate from Federal 
or State regulations, or prescribed standards, including, but not 
limited to, regulations and standards concerning pilot certifications 
or ratings and airspace requirements.
    (d) * * *
    (e) You must comply with all applicable U.S. Coast Guard rules when 
operating a float/ski-equipped aircraft, including seaplanes, on 
Reclamation waterbodies.
    (f) You must securely moor any float/ski-equipped aircraft, 
including seaplanes, remaining on Reclamation waterbodies in excess of 
24 hours at mooring facilities and locations designated by an 
authorized official. Float/ski-equipped aircraft, including 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) * * *
    (2) The operator remains in the vicinity of the float/ski-equipped 
aircraft, including seaplanes, and is reasonably available to relocate 
the aircraft if necessary.
0
12. Amend Sec.  423.50 by revising paragraph (a) to read as follows:


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, and waterbodies otherwise prohibited 
or restricted by Sec. Sec.  423.16(a)(3), 423.26, 423.27, 423.28(b), 
423.29(f), 423.30(c), 423.33(d), and 423.35(d)(1), and may terminate or 
revoke such permits for non-use; noncompliance with the terms of the 
permit; violation of any applicable law; or to protect the health, 
safety, or security of persons, Reclamation assets, or natural or 
cultural resources.
* * * * *
0
13. Revise Sec.  423.60(a)(1) to read as follows:


Sec.  423.60   How special use areas are designated.

    (a) * * *
    (1) Establish 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, except Sec.  
423.28(a); and
* * * * *
0
14. Revise Sec.  423.63 to read as follows:


Sec.  423.63   Existing special use areas.

    Areas where rules were in effect on April 17, 2006, that differ 
from the rules set forth in Subpart C are considered existing special 
use areas, and such differing rules remain in effect to the extent 
allowed by Subpart A, and to the extent they are consistent with Sec.  
423.28(a). For those existing special use areas, compliance with 
Sec. Sec.  423.60 through 423.62 is not required until the rules 
applicable in those special use areas are modified or terminated.

Tanya Trujillo,
Assistant Secretary for Water and Science.
[FR Doc. 2023-03151 Filed 2-15-23; 8:45 am]
BILLING CODE 4332-90-P