[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Rules and Regulations]
[Pages 80987-80993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25466]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 423
[Docket No. BOR-2022-0001; RR83570000, 24XR0680A4, RX.19520003.9WOD502]
RIN 1006-AA58
Public Conduct on Bureau of Reclamation Facilities, Lands, and
Waterbodies
AGENCY: Bureau of Reclamation, Interior.
ACTION: Final rule.
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SUMMARY: We, the Bureau of Reclamation (Reclamation), are revising
regulations that govern public access to and conduct on Reclamation
facilities, lands, and waterbodies. The revisions clarify the
regulations that 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: This rulemaking is effective December 21, 2023.
ADDRESSES: This final rule is available on the internet at https://www.regulations.gov and https://www.usbr.gov/fedreg/rules. Comments we
received are available for public inspection at https://www.regulations.gov in Docket ID: BOR-2022-0001.
FOR FURTHER INFORMATION CONTACT: James Bingham, Security Division,
Bureau of Reclamation, at (303) 445-2239, or via email at
[email protected]. Individuals 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 December 11, 2008, after a few minor revisions, Reclamation
published an update to 43 CFR part 423, Public Conduct on Bureau of
Reclamation
[[Page 80988]]
Facilities, Lands and Waterbodies, as the final rule (73 FR 75347).
Since the publication of the 2008 final rule, technology,
especially of unmanned or uncrewed aircraft systems (UAS) commonly
referred to as ``drones,'' has developed rapidly. With this technology
came new regulations from the Federal Aviation Administration (FAA),
specifically regarding the use of UAS (14 CFR part 107, Small Unmanned
Aircraft Systems). Reclamation is revising 43 CFR part 423 to apply
consistency with the FAA's regulations. Reclamation is also modernizing
and updating regulations impacting firearms possession, and access and
occupancy of Reclamation facilities, lands, and waterbodies. This will
allow local, State, and other recreation partners to manage their
facilities and sites using their regulations unburdened by conflicting
Federal regulations that they have no jurisdiction to enforce. And
finally, Reclamation is easing the absolute prohibition regarding
reburials of Native American ancestors and will allow an application
process to obtain permits for this activity.
Summary of and Response to Public Comments
Reclamation published a proposed rule in the Federal Register on
February 16, 2023 (88 FR 10070) soliciting public comments for a 60-day
period. The public comment period ended on April 17, 2023. During the
public comment period, Reclamation received 14 comment submissions from
members of the public including State park managers, aviation
enthusiasts, wildlife observers, hikers, and Native American Tribes.
Each public comment received consideration in the development of the
final rule.
Comments similar in nature have been categorized by subject, and in
some instances have been combined with related comments. The following
discussion addresses substantive information provided during the
comment period, by topic, and includes comments and responses that were
made in the final rule based on comment analysis and other
considerations.
Comment: The Agua Caliente Band of Cahuilla Indians of the Agua
Caliente Indian Reservation, California, the Ak-Chin Indian Community,
the Confederated Tribes of the Umatilla Indian Reservation, and The
Osage Nation provided comments in support of allowing reburial of
Native American ancestors, funerary objects, sacred objects, and
objects of cultural patrimony as defined by the Native American Graves
Protection and Repatriation Act (NAGPRA). Additionally, the
Confederated Tribes of the Umatilla Indian Reservation requested
addressing animal remains and human burials separately, as well as
requesting reburial of ancestral human remains and NAGPRA cultural
items that originated on lands other than Reclamation managed lands.
Response: Reclamation appreciates Tribal support for implementing a
permit process to allow reburial of ancestral human remains and NAGPRA
cultural items on Reclamation land and will implement the process as
expeditiously and simply as practicable. We agree with the Confederated
Tribes of the Umatilla Indian Reservation to address animal remains and
human burials separately and have made changes to the final rule
accordingly. However, we did not implement the suggestion to allow
reburial of Native American ancestors and NAGPRA cultural items from
lands managed by agencies other than Reclamation as other agencies may
have their own reburial implementation processes and/or authorities.
Comment: We received two comments regarding a suggested prohibition
on the use of speakers and short-range wireless technology (e.g.,
Bluetooth[supreg]) over a concern for wildlife and the enjoyment of our
lands by the public.
Response: We considered this comment and feel the issue of
unreasonable noise is already addressed in 43 CFR 423.22(e)(3). This
section of the rule prohibits unreasonable noise. In addition, many
sites are operated by managing recreation partners such as a State
park; their rules for noise would apply. Trying to regulate all
speakers and Bluetooth[supreg] technology would be burdensome and
impractical to enforce.
Comment: We received several comments regarding our proposed
revision to 43 CFR 423.35, specifically involving the restraining of
animals when at a Reclamation facility. One commentor suggested we
should focus on education with the public and add prohibitions
regarding animals chasing wildlife and that animals must be vaccinated.
Two State park management officials commented that they already have
rules in their parks regarding animals being restrained, and that their
rules are more restrictive.
Response: We recognize that our managing partners have different
regulations regarding the restraining and control of animals and pets.
After consideration of these comments, we are removing this proposed
revision. Under 43 CFR part 423, subpart E, authorized officials may
establish special use areas which can prohibit certain activities if
they pose a risk to the public. If a particular Reclamation facility
needs specific prohibitions for a certain activity, such as restraining
animals, subpart E can be used for that purpose.
Comment: We received one comment asking where Reclamation retains
the authority to issue 43 CFR part 423, specifically as it relates to
aircraft.
Response: Public Law 107-69 states in pertinent part, ``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.'' This is the authority from the
U.S. Congress to promulgate this rule. Since 2006, Reclamation's public
conduct rules have addressed aircraft to include reckless operations
and seaplane activities. Reclamation regularly collaborates with the
FAA on a variety of matters, including enforcement. Reclamation
collaborated with the FAA on the development of their flight
restrictions at Reclamation's five largest dams. The risk from
inadvertent accidents or maligned attacks on our infrastructure is
real. Having aircraft or UAS flying at ground level through a
recreation area or across the top of a dam crowded with tourists poses
a risk to the visiting public. Using FAA's regulations as a guide, we
incorporated their definitions and language into this rule.
Comment: We received one comment recommending the prohibition of
all motorized use on lands and waters. The comment referenced people in
Europe and Ukraine not having enough fuel while Americans are using
fossil fuels for recreation.
Response: In hundreds of circumstances across the west, public
highways and even railroads cross Reclamation lands and facilities.
Reclamation would be unable to prohibit the use of fossil fuels on our
own. Reclamation has hundreds of sites managed by other entities, such
as State parks, through contracts or agreements, and other sites
managed directly by Reclamation. States, not Reclamation, regulate
boating and motor vehicle use. Reclamation and our managing partners
such as municipal water districts, Tribal water authorities, and State
parks, operate thousands of motor vehicles and boats in the performance
of our missions. Our facilities use combustion engines for generators,
cranes, tractors, and water delivery systems to accomplish our mission.
And finally, many of our facilities, lands, waterbodies, and projects
are spread across multiple states. Regulating
[[Page 80989]]
commerce between the States is the purview of the Congress.
Comment: We received one comment asking for permission to use metal
detectors for the casual collection of items such as fishing lures,
weights, and coins.
Response: Reclamation already allows for use and possession of
metal detectors under 43 CFR 423.29(f) with the issuance of a permit.
Comment: We received one comment asking if we were giving the
``all-clear for unrestricted recreational activity on land use.'' In
addition, the commentor stated this rule did not explicitly set aside
lands to be undisturbed by recreation activity. There was also the
perception we were removing restrictions or standoff distances from
dams and other infrastructure.
Response: Section 423.10 states in pertinent part that all
Reclamation facilities, lands, and waterbodies are open to lawful use
by the public unless they are closed to public use under subpart B of
part 423, or as provided by 43 CFR part 420. Section 420.2 prohibits
off-road vehicle use unless the area is specifically designated for
that purpose. Reclamation has 11 National Wildlife Refuges and numerous
other State wildlife management areas overlayed across our lands,
projects, and reservoirs. This rule change will not change the status
of these locations. There may be areas that will be periodically closed
to all use due to an identified threat to the environment or wildlife
using our existing authorities.
This rule change does not remove the restrictions for access to
critical infrastructure. We are revising this rule to allow local
managers to designate standoff distances using signs, fencing, buoys,
and other means where not already addressed in this rule.
Comment: We received a comment from one respondent regarding
firearms safety, specifically that firearms be unloaded unless they are
in use for hunting and/or self-defense purposes. In addition, the
respondent recommended signage be posted in parks and at trailheads
advising the public where firearms are allowed, dates for hunting
seasons, and suicide prevention hotline numbers.
Response: Reclamation has 247 managing recreation partner sites
across the 17 western States. Those partner agencies with management
responsibility for the area administer recreation at those sites. This
includes signs at trailheads, parking lots, and other public areas.
State wildlife authorities manage hunting on Reclamation land. Our rule
currently requires the public to comply with Federal, State, and local
laws regarding firearms possession and transportation. Since
Reclamation does not have its own law enforcement capability, we depend
on our managing partners and local law enforcement to maintain the
peace and public order at our facilities and the lands and waters they
manage. The suicide prevention signage recommendation has merit and is
being referred to our lands and recreation programs.
Comment: We received one comment from a State park management
official expressing concern that the proposed revision in 43 CFR 423.30
regarding enforcement of this rule would be the responsibility of park
managers.
Response: We are adopting the definition of firearm found in 18
U.S.C. 921(a)(3). We recognize our definition may differ from that of
our numerous managing partners. We also recognize that State and local
laws and ordinances regarding firearm use and possession may differ
from what is found between the States and even at individual sites.
Since Reclamation does not have its own law enforcement capability, we
depend on local and State law enforcement entities to maintain the
peace and public order in their communities. Therefore, we are
proposing to let those authorities such as State park managers and
sheriffs enforce their laws and ordinances on lands, facilities, and
waterbodies where they have assumed administration without the
circumstance of them being in conflict with this rule. Taking this park
management official's concerns into consideration, we are clarifying
the language to more clearly explain that the public must follow the
laws and ordinances of the managing recreation partner.
Comment: There was a concern that park managers may not have the
flexibility to issue use authorizations or permits for certain aviation
related activities such as a hot air balloon rally.
Response: How Reclamation interacts with our managing partners is
different than how we interact with the general public. Interactions
with our managing partners through contracts and cooperative agreements
are guided by the contract between Reclamation and the partner, 43 CFR
part 429, and other applicable laws. Under 43 CFR 429.4, managing
partners can issue limited use authorizations for certain activities,
including aviation activities.
Comment: We received one comment from a State park management
official asking us to consider adding ``rent'' as a prohibited activity
in 43 CFR 423.27.
Response: We agree with this comment and will add ``rent'' as a
prohibited activity in 43 CFR 423.27.
Comment: We received one comment from a State park management
official expressing concern over the language in 43 CFR 423.37,
``Winter activities,'' regarding vehicle use near our infrastructure,
specifically the prohibition for driving a vehicle within 100 yards of
a facility.
Response: We recognize that our southern and western waterbodies
are in areas that do not freeze and we did not explain our intent for
managing standoff distances on iced-over waterbodies very well. We took
this comment into consideration and will change the heading of this
section from ``Winter activities'' to ``Activities on iced
waterbodies.''
Comment: We received one comment from a State park management
official expressing concern that our proposed definition of off-road
vehicles would cause confusion for the public and managing partners and
suggested removing the definition.
Response: We considered this comment but will leave the definition
in the rule to be consistent with what exists in 43 CFR part 420.
Comment: We received comments from two State park management
officials in support of the proposed revisions in 43 CFR 423.33 and
423.21(f) regarding camping and stay limits, and requirements for the
visiting public to pay applicable fees for recreation activities.
Response: We appreciate these comments and value the relationship
that exists with our Federal, State, and local recreation and wildlife
management partners across our 17 western states.
Summary of Changes From the Proposed Rule
After taking the public comments into consideration and after
additional review, Reclamation implemented some requested changes, such
as refining the NAGPRA reburial language and separating the animal
burials and human burials into different sections of this final rule.
Additionally, we removed the requirement for restraining animals,
changed the heading of 43 CFR 423.37 to better address activities on
iced-over or frozen waterbodies, revised the definition of aircraft for
simplicity and consistency with the FAA, revised the definition of
firearms to be consistent with what is codified in Federal law, and
added a requirement that visitors must pay required fees in our
recreation areas.
[[Page 80990]]
Section 423.2 Definitions of terms used in this part. During the
drafting of the proposed rule, it was discovered that the definition of
model aircraft had been removed from the FAA definitions. We are
removing the definition of model aircraft and incorporating ``model
aircraft'' into the overall definition of aircraft.
Section 423.27 Advertising and public solicitation. We are adding
the word ``rent'' next to ``sell'' as a prohibited activity.
Section 423.28 Memorials and Native American Graves Protection and
Repatriation Act (NAGPRA) reburials. After reviewing comments regarding
the burial of animal and human remains, we are separating animals and
humans into subparts and revising the heading of this section.
Section 423.30 Weapons, firearms, explosives, and fireworks. We are
adding language similar to what already exists in 43 CFR 423.3(d)
regarding firearms which states: ``. . . However, Reclamation retains
the authority to take necessary actions to safeguard the security and
safety of the public and such Reclamation facilities, lands, and
waterbodies.''
Section 423.33 Camping. Like Sec. 423.30, we are adding language
similar to what already exists in 43 CFR 423.3(d) which states: ``. . .
However, Reclamation retains the authority to take necessary actions to
safeguard the security and safety of the public and such Reclamation
facilities, lands, and waterbodies.''
Section 423.35 Animals. As a result of public comments, we are
removing the reference to a leash or restraint requirement for animals.
This does not preclude an authorized officer from establishing a
special use area as identified in 43 CFR part 423, subpart E, for
certain activities, such as managing animals in highly populated
tourist areas. In addition, we are adding Sec. 423.35(e) to include
information on animal remains.
Section 423.37 Winter activities. Through comments and internal
discussion, we felt the heading ``Winter activities'' is not
appropriate for the circumstances we are trying to address, which occur
on ice. Therefore, we are changing the heading of this section to
``Activities on iced waterbodies.''
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866, as amended by Executive Order 14094,
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
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. Executive Order 13563 also 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
rule in a manner consistent with these requirements.
Regulatory Flexibility Act
This 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
When is a rule major? The Congressional Review Act (CRA) defines a
rule as major if it meets any of three criteria. The three criteria
are:
(a) Does the rule have an annual effect on the economy of $100
million or more?
(b) Will the 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 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 rule is not a major rule under the CRA.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. This rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. A statement
containing information required by the Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required.
Takings (Executive Order 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630. This 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 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 rule complies with the requirements of Executive Order 12988.
Specifically, this 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
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 notified the 287 Tribes with interests in the 17 western
States in which Reclamation has a presence of the intent to revise the
rule, offering opportunity for Tribal consultation during three online
consultation webinars, as well as upon request. Reclamation has fully
considered Tribal views in this final rule, implementing
recommendations offered by the Confederated Tribes of
[[Page 80991]]
the Umatilla Indian Reservation. With the unique relationship between
the Federal Government and Indian Tribal governments, Reclamation aims
to ensure Tribal governments are engaged, particularly, in the
discussion about permitting for reburial of their ancestors and NAGPRA
cultural items on Reclamation managed lands.
Paperwork Reduction Act of 1995
This 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 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 rule does
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 rule. Therefore, neither an environmental
assessment nor an environmental impact statement is required for this
rulemaking.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211 and does not require a Statement of Energy
Effects.
List of Subjects in 43 CFR Part 423
Law enforcement, Public conduct, Reclamation lands, Reclamation
projects.
Promulgation of Final Rule
For the reasons stated in the preamble, Reclamation is amending
part 423 of title 43 of the CFR 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: 43 U.S.C. 373a and 373b.
0
2. Amend Sec. 423.2 by:
0
a. Revising the definitions of ``Aircraft'' and ``Firearm''; and
0
b. In the definition of ``Off-road vehicle'':
0
i. Removing the word ``and'' at the end of paragraph (6);
0
ii. Removing the period at the end of paragraph (7) and adding ``;
and'' in its place; and
0
iii. Adding paragraph (8).
The revisions and addition 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, a payload, and/or passengers;
(3) Controlled either by onboard crew or remotely; and/or
(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,
variations of model aircraft, and unmanned or uncrewed aircraft
systems.
* * * * *
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.
* * * * *
Off-road vehicle * * *
(8) Electric bikes as defined and codified at 43 CFR part 420.
* * * * *
0
3. Amend 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.
(b) It is prohibited to sell or rent private goods, including
personal property, or represent others in the selling or renting of
personal property, on Reclamation property unless specifically
authorized under permit issued pursuant to subpart D of this part.
0
5. Revise Sec. 423.28 to read as follows:
Sec. 423.28 Memorials and reburials.
(a) Memorials. You must not bury, deposit, or scatter human remains
(except as noted in paragraph (b) of this section), or place memorials,
markers, vases, or plaques on or in Reclamation facilities, lands, or
waterbodies. See Sec. 423.35 for information on animal remains.
(b) Native American Graves Protection and Repatriation Act (NAGPRA)
reburials. You must not rebury human remains on or in Reclamation
facilities, lands, or waterbodies unless permitted under subpart D of
this part. 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 to rebury NAGPRA (25 U.S.C. 3001-3013) human
remains or cultural items (funerary objects, sacred objects, or objects
of cultural patrimony) on or in 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
park, the laws, ordinances, and regulations of those partner agencies
pertaining to possession and use of firearms shall be enforced by those
partner agencies. However, Reclamation retains the authority to take
necessary actions to safeguard the security and safety of the public
and such Reclamation facilities, lands, and waterbodies.
0
7. Amend Sec. 423.33 by:
0
a. Revising paragraph (b);
0
b. Removing the semicolon at the end of paragraph (c) and adding a
period in its place;
[[Page 80992]]
0
c. Removing ``; and'' at the end of paragraph (d) and adding a period
in its place; and
0
d. Adding paragraph (f) to read as follows:
Sec. 423.33 Camping.
* * * * *
(b) Camping stay limits are as follows:
(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 park, the laws, ordinances, and
regulations of those partner agencies pertaining to camping shall be
enforced by those partner agencies. However, Reclamation retains the
authority to take necessary actions to safeguard the security and
safety of the public and such Reclamation facilities, lands, and
waterbodies.
0
8. Amend Sec. 423.35 by adding paragraphs (e) and (f) to read as
follows:
Sec. 423.35 Animals.
* * * * *
(e) You must not bury, deposit, or scatter animal remains, or place
memorials, markers, vases, or plaques on or in 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.
(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 park, the laws, ordinances, and
regulations of those partner agencies pertaining to animals and pets
shall be enforced by those partner agencies. However, Reclamation
retains the authority to take necessary actions to safeguard the
security and safety of the public and such Reclamation facilities,
lands, and waterbodies.
0
9. Amend Sec. 423.36 by revising paragraph (a) to read as follows:
Sec. 423.36 Swimming.
(a) You may swim, wade, snorkel, scuba dive, raft, or tube at your
own risk in Reclamation waters, except:
(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 the section heading and paragraph
(b) to read as follows:
Sec. 423.37 Activities on iced waterbodies.
* * * * *
(b) On iced-over Reclamation waterbodies, you must not ice skate,
ice fish, ice sail, walk, ride, drive a vehicle, or otherwise move 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. Amend Sec. 423.41 by:
0
a. Revising paragraphs (b), (c), (e), (f) introductory text, and
(f)(2); and
0
b. Removing paragraph (g).
The revisions read as follows:
Sec. 423.41 Aircraft.
* * * * *
(b) Aircraft flight altitudes are as follows:
(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 are as follows:
(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 (FAA)
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.
* * * * *
(e) You must comply with all applicable FAA and U.S. Coast Guard
regulations (14 CFR parts 1, 61, and 91 and 33 CFR part 104,
respectively) 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:
* * * * *
(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), 423.35(d)(1), and 423.41, 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. Amend Sec. 423.60 by revising paragraph (a)(1) to read as follows:
[[Page 80993]]
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, 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 of this part are considered
existing special use areas, and such differing rules remain in effect
to the extent allowed by subpart A of this part, 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.
Michael Brain,
Principal Deputy Assistant Secretary for Water and Science.
[FR Doc. 2023-25466 Filed 11-20-23; 8:45 am]
BILLING CODE 4332-90-P