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Title 36 - Code of
Federal Regulations
These
rules were developed in the interest of more effective
resource management and to increase the overall enjoyment
of the visitor experience available at Corps of Engineers
projects. Park Rangers routinely patrol
the reservoir area to ensure visitor safety and protection
of the resource.
Title 36 Code of Federal
Regulations
FORWARD
The following rules and
regulations, published in the Federal Register of February
11, 2000 and amended on May 5, 2000, govern the public
use of water resources development projects administered
by the Chief of Engineers. Visitors are bound by these
Title 36 regulations.
FOR THE COMMANDER:
RUSSELL L. FUHRMAN
Major General, U.S. Army
Chief of Staff
Title 36--Parks, Forests,
and Public Property
CHAPTER III--U.S. ARMY
CORPS OF ENGINEERS
PART 327--RULES AND
REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCES
DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF
ENGINEERS
SECTION
Authority: 16 U.S.C. 460d;
16 U.S.C. 4601-6a; Sec. 210, Pub. L. 90-483, 82 Stat.
746.; 33 U.S.C. 1, 28 Stat. 362.
327.0
Applicability.
The regulations covered
in this part 327 shall be applicable to water resources
development projects, completed or under construction,
administered by the Chief of Engineers, and to those
portions of jointly administered water resources development
projects which are under the administrative jurisdiction
of the Chief of Engineers. ALL OTHER FEDERAL, STATE
AND LOCAL LAWS AND REGULATIONS REMAIN IN FULL FORCE
AND EFFECT WHERE APPLICABLE TO THOSE WATER RESOURCES
DEVELOPMENT PROJECTS.
327.1
Policy.
(a) It is the policy of
the Secretary of the Army, acting through the Chief
of Engineers, to manage the natural, cultural and developed
resources of each project in the public interest, providing
the public with safe and healthful recreational opportunities
while protecting and enhancing these resources.
(b) Unless otherwise indicated
in this part, the term "District Commander"
shall include the authorized representatives of the
District Commander.
(c) The term "project"
or "water resources development project" refers
to the water areas of any water resources development
project administered by the Chief of Engineers, without
regard to ownership of underlying land, to all lands
owned in fee by the Federal Government and to all facilities
therein or thereon of any such water resources development
project.
(d) All water resources
development projects open for public use shall be available
to the public without regard to sex, race, color, creed,
age, nationality or place of origin. No lessee, licensee,
or concessionaire providing a service to the public
shall discriminate against any person because of sex,
race, creed, color, age, nationality or place of origin
in the conduct of the operations under the lease, license
or concession contract.
(e) In addition to the
regulations in this part 327, all applicable Federal,
state and local laws and regulations remain in full
force and effect on project lands or waters which are
outgranted by the District Commander by lease, license
or other written agreement.
(f) The regulations in
this part 327 shall be deemed to apply to those lands
and waters which are subject to treaties and Federal
laws and regulations concerning the rights of Indian
Nations and which lands and waters are incorporated,
in whole or in part, within water resources development
projects administered by the Chief of Engineers, to
the extent that the regulations in this part 327 are
not inconsistent with such treaties and Federal laws
and regulations.
(g) Any violation of any
section of this part 327 shall constitute a separate
violation for each calendar day in which it occurs.
(h) For the purposes of
this part 327, the operator of any vehicle, vessel or
aircraft as described in this part shall be presumed
to be responsible for its use on project property. In
the event where an operator cannot be determined, the
owner of the vehicle, vessel, or aircraft, whether attended
or unattended, will be presumed responsible. Unless
proven otherwise, such presumption will be sufficient
to issue a citation for the violation of regulations
applicable to the use of such vehicle, vessel or aircraft
as provided for in Sec. 327.25.
(i) For the purposes of
this part 327, the registered user of a campsite, picnic
area, or other facility shall be presumed to be responsible
for its use. Unless proven otherwise, such presumption
will be sufficient to issue a citation for the violation
of regulations applicable to the use of such facilities
as provided for in Sec. 327.25.
327.2
Vehicles.
(a) This section pertains
to all vehicles, including, but not limited to, automobiles,
trucks, motorcycles, mini-bikes, snowmobiles, dune buggies,
all-terrain vehicles, and trailers, campers, bicycles,
or any other such equipment.
(b) Vehicles shall not
be parked in violation of posted restrictions and regulations,
or in such a manner as to obstruct or impede normal
or emergency traffic movement or the parking of other
vehicles, create a safety hazard, or endanger any person,
property or environmental feature. Vehicles so parked
are subject to removal and impoundment at the owner's
expense.
(c) The operation and/or
parking of a vehicle off authorized roadways is prohibited
except at locations and times designated by the District
Commander. Taking any vehicle through, around or beyond
a restrictive sign, recognizable barricade, fence, or
traffic control barrier is prohibited.
(d) Vehicles shall be operated
in accordance with posted restrictions and regulations.
(e) No person shall operate
any vehicle in a careless, negligent or reckless manner
so as to endanger any person, property or environmental
feature.
(f) At designated recreation
areas, vehicles shall be used only to enter or leave
the area or individual sites or facilities unless otherwise
posted.
(g) Except as authorized
by the District Commander, no person shall operate any
motorized vehicle without a proper and effective exhaust
muffler as defined by state and local laws, or with
an exhaust muffler cutout open, or in any other manner
which renders the exhaust muffler ineffective in muffling
the sound of engine exhaust.
(h) Vehicles shall be operated
in accordance with applicable Federal, state and local
laws, which shall be regulated by authorized enforcement
officials as prescribed in Sec. 327.26.
327.3
Vessels.
(a) This section pertains
to all vessels or watercraft, including, but not limited
to, powerboats, cruisers, houseboats, sailboats, rowboats,
canoes, kayaks, personal watercraft, and any other such
equipment capable of navigation on water or ice, whether
in motion or at rest.
(b) The placement and/or
operation of any vessel or watercraft for a fee or profit
upon project waters or lands is prohibited except as
authorized by permit, lease, license, or concession
contract with the Department of the Army. This paragraph
shall not apply to the operation of commercial tows
or passenger carrying vessels not based at a Corps project
which utilize project waters as a link in continuous
transit over navigable waters of the United States.
(c) Vessels or other watercraft
may be operated on the project waters, except in prohibited
or restricted areas, in accordance with posted regulations
and restrictions, including buoys. All vessels or watercraft
so required by applicable Federal, state and local laws
shall display an appropriate registration on board whenever
the vessel is on project waters.
(d) No person shall operate
any vessel or other watercraft in a careless, negligent,
or reckless manner so as to endanger any person, property,
or environmental feature.
(e) All vessels, when on
project waters, shall have safety equipment, including
personal flotation devices, on board in compliance with
U.S. Coast Guard boating safety requirements and in
compliance with boating safety laws issued and enforced
by the state in which the vessel is located. Owners
or operators of vessels not in compliance with this
section may be requested to remove the vessel immediately
from project waters until such time as items of non-compliance
are corrected.
(f) Unless otherwise permitted
by Federal, state or local law, vessels or other watercraft,
while moored in commercial facilities, community or
corporate docks, or at any fixed or permanent mooring
point, may only be used for overnight occupancy when
such use is incidental to recreational boating. Vessels
or other watercraft are not to be used as a place of
habitation or residence.
(g) Water skis, parasails,
ski-kites and similar devices are permitted in nonrestricted
areas except that they may not be used in a careless,
negligent, or reckless manner so as to endanger any
person, property or environmental feature.
(h) Vessels shall not be
attached or anchored to structures such as locks, dams,
buoys or other structures unless authorized by the District
Commander. All vessels when not in actual use shall
be removed from project lands and waters unless securely
moored or stored at designated areas approved by the
District Commander. The placing of floating or stationary
mooring facilities on, adjacent to, or interfering with
a buoy, channel marker or other navigational aid is
prohibited.
(i) The use at a project
of any vessel not constructed or maintained in compliance
with the standards and requirements established by the
Federal Safe Boating Act of 1971 (Pub. L. 92-75, 85
Stat. 213), or promulgated pursuant to such act, is
prohibited.
(j) Except as authorized
by the District Commander, no person shall operate any
vessel or watercraft without a proper and effective
exhaust muffler as defined by state and local laws,
or with an exhaust muffler cutout open, or in any other
manner which renders the exhaust muffler ineffective
in muffling the sound of engine exhaust.
(k) All vessels or other
watercraft shall be operated in accordance with applicable
Federal, state and local laws, which shall be regulated
by authorized enforcement officials as prescribed in
Sec. 327.26.
327.4
Aircraft.
(a) This section pertains
to all aircraft including, but not limited to, airplanes,
seaplanes, helicopters, ultra-light aircraft, motorized
hang gliders, hot air balloons, any non-powered flight
devices or any other such equipment.
(b) The operation of aircraft
on project lands at locations other than those designated
by the District Commander is prohibited. This provision
shall not be applicable to aircraft engaged on official
business of Federal, state or local governments or law
enforcement agencies, aircraft used in emergency rescue
in accordance with the directions of the District Commander
or aircraft forced to land due to circumstances beyond
the control of the operator.
(c) No person shall operate
any aircraft while on or above project waters or project
lands in a careless, negligent or reckless manner so
as to endanger any person, property or environmental
feature.
(d) Nothing in this section
bestows authority to deviate from rules and regulations
or prescribed standards of the appropriate State Aeronautical
Agency, or the Federal Aviation Administration, including,
but not limited to, regulations and standards concerning
pilot certifications or ratings, and airspace requirements.
(e) Except in extreme emergencies
threatening human life or serious property loss, the
air delivery or retrieval of any person, material or
equipment by parachute, balloon, helicopter or other
means onto or from project lands or waters without written
permission of the District Commander is prohibited.
(f) In addition to the
provisions in paragraphs (a) through (e) of this section,
seaplanes are subject to the following restrictions:
(1) Such use is limited
to aircraft utilized for water landings and takeoff,
in this part called seaplanes, at the risk of owner,
operator and passenger(s).
(2) Seaplane operations
contrary to the prohibitions or restrictions established
by the District Commander (pursuant to part 328 of this
title) are prohibited. The responsibility to ascertain
whether seaplane operations are prohibited or restricted
is incumbent upon the person(s) contemplating the use
of, or using, such waters.
(3) All operations of seaplanes
while upon project waters shall be in accordance with
U.S. Coast Guard navigation rules for powerboats or
vessels and Sec. 327.3.
(4) Seaplanes on project
waters and lands in excess of 24 hours shall be securely
moored at mooring facilities and at locations permitted
by the District Commander. Seaplanes may be temporarily
moored on project waters and lands, except in areas
prohibited by the District Commander, for periods less
than 24 hours providing:
(i) The mooring is safe,
secure, and accomplished so as not to damage the rights
of the Government or members of the public, and
(ii) The operator remains
in the vicinity of the seaplane and reasonably available
to relocate the seaplane if necessary.
(5) Commercial operation
of seaplanes from project waters is prohibited without
written approval of the District Commander following
consultation with and necessary clearance from the Federal
Aviation Administration (FAA) and other appropriate
public authorities and affected interests.
(6) Seaplanes may not be
operated at Corps projects between sunset and sunrise
unless approved by the District Commander.
327.5
Swimming.
(a) Swimming, wading, snorkeling
or scuba diving at one's own risk is permitted, except
at launching sites, designated mooring points and public
docks, or other areas so designated by the District
Commander.
(b) An international diver
down, or inland diving flag must be displayed during
underwater activities.
(c) Diving, jumping or
swinging from trees, bridges or other structures which
cross or are adjacent to project waters is prohibited.
327.6
Picnicking.
Picnicking and related
day-use activities are permitted, except in those areas
where prohibited by the District Commander.
327.7
Camping.
(a) Camping is permitted
only at sites and/or areas designated by the District
Commander.
(b) Camping at one or more
campsites at any one water resource project for a period
longer than 14 days during any 30-consecutive-day period
is prohibited without the written permission of the
District Commander.
(c) The unauthorized placement
of camping equipment or other items on a campsite and/or
personal appearance at a campsite without daily occupancy
for the purpose of reserving that campsite for future
occupancy is prohibited.
(d) The digging or leveling
of any ground or the construction of any structure without
written permission of the District Commander is prohibited.
(e) Occupying or placement
of any camping equipment at a campsite which is posted
or otherwise marked or indicated as "reserved"
without an authorized reservation for that site is prohibited.
327.8
Hunting, fishing, and trapping.
(a) Hunting is permitted
except in areas and during periods where prohibited
by the District Commander.
(b) Trapping is permitted
except in areas and during periods where prohibited
by the District Commander.
(c) Fishing is permitted
except in swimming areas, on boat ramps or other areas
designated by the District Commander.
(d) Additional restrictions
pertaining to these activities may be established by
the District Commander.
(e) All applicable Federal,
State and local laws regulating these activities apply
on project lands and waters, and shall be regulated
by authorized enforcement officials as prescribed in
Sec. 327.26.
327.9
Sanitation.
(a) Garbage, trash, rubbish,
litter, gray water, or any other waste material or waste
liquid generated on the project and incidental to authorized
recreational activities shall be either removed from
the project or deposited in receptacles provided for
that purpose. The improper disposal of such wastes,
human and animal waste included, on the project is prohibited.
(b) It is a violation to
bring onto a project any household or commercial garbage,
trash, rubbish, debris, dead animals or litter of any
kind for disposal or dumping without the written permission
of the District Commander. For the purposes of this
section, the owner of any garbage, trash, rubbish, debris,
dead animals or litter of any kind shall be presumed
to be responsible for proper disposal. Such presumption
will be sufficient to issue a citation for violation.
(c) The spilling, pumping,
discharge or disposal of contaminants, pollutants or
other wastes, including, but not limited to, human or
animal waste, petroleum, industrial and commercial products
and by-products, on project lands or into project waters
is prohibited.
(d) Campers, picnickers,
and all other persons using a water resources development
project shall keep their sites free of trash and litter
during the period of occupancy and shall remove all
personal equipment and clean their sites upon departure.
(e) The discharge or placing
of sewage, galley waste, garbage, refuse, or pollutants
into the project waters from any vessel or watercraft
is prohibited.
327.10
Fires.
(a) Gasoline and other
fuels, except that which is contained in storage tanks
of vehicles, vessels, camping equipment, or hand portable
containers designed for such purpose, shall not be carried
onto or stored on the project without written permission
of the District Commander.
(b) Fires shall be confined
to those areas designated by the District Commander,
and shall be contained in fireplaces, grills, or other
facilities designated for this purpose. Fires shall
not be left unattended and must be completely extinguished
prior to departure. The burning of materials that produce
toxic fumes, including, but not limited to, tires, plastic
and other floatation materials or treated wood products
is prohibited. The District Commander may prohibit open
burning of any type for environmental considerations.
(c) Improper disposal of
lighted smoking materials, matches or other burning
material is prohibited.
327.11
Control of animals.
(a) No person shall bring
or allow dogs, cats, or other pets into developed recreation
areas or adjacent waters unless penned, caged, on a
leash under six feet in length, or otherwise physically
restrained. No person shall allow animals to impede
or restrict otherwise full and free use of project lands
and waters by the public. No person shall allow animals
to bark or emit other noise which unreasonably disturbs
other people. Animals and pets, except properly trained
animals assisting those with disabilities (such as seeing-eye
dogs), are prohibited in sanitary facilities, playgrounds,
swimming beaches and any other areas so designated by
the District Commander. Abandonment of any animal on
project lands or waters is prohibited. Unclaimed or
unattended animals are subject to immediate impoundment
and removal in accordance with state and local laws.
(b) Persons bringing or
allowing pets in designated public use areas shall be
responsible for proper removal and disposal of any waste
produced by these animals.
(c) No person shall bring
or allow horses, cattle, or other livestock in camping,
picnicking, swimming or other recreation areas or on
trails except in areas designated by the District Commander.
(d) Ranging, grazing, watering
or allowing livestock on project lands and waters is
prohibited except when authorized by lease, license
or other written agreement with the District Commander.
(e) Unauthorized livestock
are subject to impoundment and removal in accordance
with Federal, state and local laws.
(f) Any animal impounded
under the provisions of this section may be confined
at a location designated by the District Commander,
who may assess a reasonable impoundment fee. This fee
shall be paid before the impounded animal is returned
to its owner(s).
(g) Wild or exotic pets
and animals (including but not limited to cougars, lions,
bears, bobcats, wolves, and snakes), or any pets or
animals displaying vicious or aggressive behavior or
otherwise posing a threat to public safety or deemed
a public nuisance, are prohibited from project lands
and waters unless authorized by the District Commander,
and are subject to removal in accordance with Federal,
state and local laws.
327.12
Restrictions.
(a) The District Commander
may establish and post a schedule of visiting hours
and/or restrictions on the public use of a project or
portion of a project. The District Commander may close
or restrict the use of a project or portion of a project
when necessitated by reason of public health, public
safety, maintenance, resource protection or other reasons
in the public interest. Entering or using a project
in a manner which is contrary to the schedule of visiting
hours, closures or restrictions is prohibited.
(b) Quiet shall be maintained
in all public use areas between the hours of 10 p.m.
and 6 a.m., or those hours designated by the District
Commander. Excessive noise during such times which unreasonably
disturbs persons is prohibited.
(c) Any act or conduct
by any person which interferes with, impedes or disrupts
the use of the project or impairs the safety of any
person is prohibited. Individuals who are boisterous,
rowdy, disorderly, or otherwise disturb the peace on
project lands or waters may be requested to leave the
project.
(d) The operation or use
of any sound producing or motorized equipment, including
but not limited to generators, vessels or vehicles,
in such a manner as to unreasonably annoy or endanger
persons at any time or exceed state or local laws governing
noise levels from motorized equipment is prohibited.
(e) The possession and/or
consumption of alcoholic beverages on any portion of
the project land or waters, or the entire project, may
be prohibited when designated and posted by the District
Commander.
(f) Unless authorized by
the District Commander, smoking is prohibited in Visitor
Centers, enclosed park buildings and in areas posted
to restrict smoking.
327.13
Explosives, firearms, other weapons and fireworks.
(a) The possession of loaded
firearms, ammunition, loaded projectile firing devices,
bows and arrows, crossbows, or other weapons is prohibited
unless:
(1) In the possession of
a Federal, state or local law enforcement officer;
(2) Being used for hunting
or fishing as permitted under 327.8, with devices being
unloaded when transported to, from or between hunting
and fishing sites;
(3) Being used at authorized
shooting ranges; or
(4) Written permission
has been received from the District Commander.
(b) Possession of explosives
or explosive devices of any kind, including fireworks
or other pyrotechnics, is prohibited unless written
permission has been received from the District Commander.
327.14
Public property.
(a) Destruction, injury,
defacement, removal or any alteration of public property
including, but not limited to, developed facilities,
natural formations, mineral deposits, historical and
archaeological features, paleontological resources,
boundary monumentation or markers and vegetative growth,
is prohibited except when in accordance with written
permission of the District Commander.
(b) Cutting or gathering
of trees or parts of trees and/or the removal of wood
from project lands is prohibited without written permission
of the District Commander.
(c) Gathering of dead wood
on the ground for use in designated recreation areas
as firewood is permitted, unless prohibited and posted
by the District Commander.
(d) The use of metal detectors
is permitted on designated beaches or other previously
disturbed areas unless prohibited by the District Commander
for reasons of protection of archaeological, historical
or paleontological resources. Specific information regarding
metal detector policy and designated use areas is available
at the Manager's Office. Items found must be handled
in accordance with Sections 327.15 and 327.16 except
for non-identifiable items such as coins of value less
than $25.
327.15
Abandonment and impoundment of personal property.
(a) Personal property of
any kind shall not be abandoned, stored or left unattended
upon project lands or waters. After a period of 24 hours,
or at any time after a posted closure hour in a public
use area or for the purpose of providing public safety
or resource protection, unattended personal property
shall be presumed to be abandoned and may be impounded
and stored at a storage point designated by the District
Commander, who may assess a reasonable impoundment fee.
Such fee shall be paid before the impounded property
is returned to its owner.
(b) Personal property placed
on Federal lands or waters adjacent to a private residence,
facility and/or developments of any private nature for
more than 24 hours without permission of the District
Commander shall be presumed to have been abandoned and,
unless proven otherwise, such presumption will be sufficient
to impound the property and/or issue a citation as provided
for in Sec. 327.25.
(c) The District Commander
shall, by public or private sale or otherwise, dispose
of all lost, abandoned or unclaimed personal property
that comes into Government custody or control. However,
property may not be disposed of until diligent effort
has been made to find the owner, heirs, next of kin
or legal representative(s). If the owner, heirs, next
of kin or legal representative(s) are determined but
not found, the property may not be disposed of until
the expiration of 120 days after the date when notice,
giving the time and place of the intended sale or other
disposition, has been sent by certified or registered
mail to that person at the last known address. When
diligent efforts to determine the owner, heirs, next
of kin or legal representative(s) are unsuccessful,
the property may be disposed of without delay except
that if it has a fair market value of $100 or more the
property may not be disposed of until 90 days after
the date it is received at the storage point designated
by the District Commander. The net proceeds from the
sale of property shall be conveyed into the Treasury
of the United States as miscellaneous receipts.
327.16
Lost and found articles.
All articles found shall
be deposited by the finder at the Manager's office or
with a ranger. All such articles shall be disposed of
in accordance with the procedures set forth in Sec.
327.15.
327.17
Advertisement.
(a) Advertising and the
distribution of printed matter is allowed within project
land and waters provided that a permit to do so has
been issued by the District Commander and provided that
this activity is not solely commercial advertising.
(b) An application for
such a permit shall set forth the name of the applicant,
the name of the organization (if any), the date, time,
duration, and location of the proposed advertising or
the distribution of printed matter, the number of participants,
and any other information required by the permit application
form. Permit conditions and procedures are available
from the District Commander.
(c) Vessels and vehicles
with semipermanent or permanent painted or installed
signs are exempt as long as they are used for authorized
recreational activities and comply with all other rules
and regulations pertaining to vessels and vehicles.
For permit terms and
conditions see the Federal Register, Volume 65, No.
88, May 5, 2000, page 26137.
327.18
Commercial activities.
(a) The engaging in or
solicitation of business on project land or waters without
the express written permission of the District Commander
is prohibited.
(b) It shall be a violation
of this part to refuse to or fail to comply with any
terms, clauses or conditions of any lease, license or
agreements issued by the District Commander.
327.19
Permits.
(a) It shall be a violation
of this part to refuse to or fail to comply with the
fee requirements or other terms or conditions of any
permit issued under the provisions of this part 327.
(b) Permits for floating
structures (issued under the authority of Sec. 327.30)
of any kind on/in waters of water resources development
projects, whether or not such waters are deemed navigable
waters of the United States but where such waters are
under the management of the Corps of Engineers, shall
be issued at the discretion of the District Commander
under the authority of this section. District Commanders
will delineate those portions of the navigable waters
of the United States where this provision is applicable
and post notices of this designation in the vicinity
of the appropriate Manager's office.
(c) Permits for non-floating
structures (issued under the authority of Sec. 327.30)
of any kind constructed, placed in or affecting waters
of water resources development projects where such waters
are deemed navigable waters of the U.S. shall be issued
under the provisions of section 10 of the Rivers and
Harbors Act approved March 3, 1899 (33 U.S.C. 403).
If a discharge of dredged or fill material in these
waters is involved, a permit is required under Section
404 of the Clean Water Act (33 U.S.C. 1344). (See 33
CFR parts 320 through 330.)
(d) Permits for non-floating
structures (issued under the authority of Sec. 327.30)
of any kind in waters of water resources development
projects, where such waters are under the management
of the Corps of Engineers and where such waters are
not deemed navigable waters of the United States, shall
be issued as set forth in paragraph (b) of this section.
If a discharge of dredged or fill material into any
water of the United States is involved, a permit is
required under section 404 of the Clean Water Act (33
U.S.C. 1344) (See 33 CFR parts 320 through 330). Water
quality certification may be required pursuant to Section
401 of the Clean Water Act (33 U.S.C. 1341).
(e) Shoreline Use Permits
to authorize private shoreline use facilities, activities
or development (issued under the authority of section
327.30) may be issued in accordance with the project
Shoreline Management Plan. Failure to comply with the
permit conditions issued under Section 327.30 is prohibited.
327.20
Unauthorized structures.
The construction, placement,
or existence of any structure (including, but not limited
to, roads, trails, signs, non-portable hunting stands
or blinds, buoys, docks, or landscape features) of any
kind under, upon, in or over the project lands, or waters
is prohibited unless a permit, lease, license or other
appropriate written authorization has been issued by
the District Commander. The design, construction, placement,
existence or use of structures in violation of the terms
of the permit, lease, license, or other written authorization
is prohibited. The government shall not be liable for
the loss of, or damage to, any private structures, whether
authorized or not, placed on project lands or waters.
Unauthorized structures are subject to summary removal
or impoundment by the District Commander. Portable hunting
stands, climbing devices, steps, or blinds, that are
not nailed or screwed into trees and are removed at
the end of a day's hunt may be used.
327.21
Special events.
(a) Special events including,
but not limited to, water carnivals, boat regattas,
fishing tournaments, music festivals, dramatic presentations
or other special recreation programs are prohibited
unless written permission has been granted by the District
Commander. Where appropriate, District Commanders can
provide the state a blanket letter of permission to
permit fishing tournaments while coordinating the scheduling
and details of tournaments with individual projects.
An appropriate fee may be charged under the authority
of Sec. 327.23.
(b) The public shall not
be charged any fee by the sponsor of such event unless
the District Commander has approved in writing (and
the sponsor has properly posted) the proposed schedule
of fees. The District Commander shall have authority
to revoke permission, require removal of any equipment,
and require restoration of an area to pre-event condition,
upon failure of the sponsor to comply with terms and
conditions of the permit/permission or the regulations
in this part 327.
327.22
Unauthorized occupation.
(a) Occupying any lands,
buildings, vessels or other facilities within water
resource development projects for the purpose of maintaining
the same as a full- or part-time residence without the
written permission of the District Commander is prohibited.
The provisions of this section shall not apply to the
occupation of lands for the purpose of camping, in accordance
with the provisions of Sec. 327.7.
(b) Use of project lands
or waters for agricultural purposes is prohibited except
when in compliance with terms and conditions authorized
by lease, license or other written agreement issued
by the District Commander.
327.23
Recreation use fees.
(a) In accordance with
the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l) and the Omnibus Budget Reconciliation Act
of 1993, Pub. L. 103-66, the Corps of Engineers collects
day use fees, special recreation use fees and/or special
permit fees for the use of specialized sites, facilities,
equipment or services related to outdoor recreation
furnished at Federal expense.
(b) Where such fees are
charged, the District Commander shall insure that clear
notice of fee requirements is prominently posted at
each area, and at appropriate locations therein and
that the notice be included in publications distributed
at such areas. Failure to pay authorized recreation
use fees as established pursuant to Pub. L. 88-578,
78 Stat. 897, as amended (16 U.S.C. 460l-6a), is prohibited
and is punishable by a fine of not more than $100.
(c) Failure to pay authorized
day use fees, and/or properly display applicable receipt,
permit or pass is prohibited.
(d) Any Golden Age or Golden
Access Passport permittee shall be entitled, upon presentation
of such a permit, to utilize special recreation facilities
at a rate of 50 percent off the established use fee
at Federally operated areas. Fraudulent use of a Golden
Age or Golden Access Passport is prohibited.
327.24
Interference with Government employees.
(a) It is a Federal crime
pursuant to the provisions of sections 111 and 1114
of Title 18, United States Code, to forcibly assault,
resist, oppose, impede, intimidate, or interfere with,
attempt to kill or kill any civilian official or employee
of the U.S. Army Corps of Engineers engaged in the performance
of his or her official duties, or on account of the
performance of his or her official duties. Such actions
or interference directed against a Federal employee
while carrying out the regulations in this part are
also a violation of such regulations and may be a state
crime pursuant to the laws of the state where they occur.
(b) Failure to comply with
a lawful order issued by a Federal employee acting pursuant
to the regulations in this part shall be considered
as interference with that employee while engaged in
the performance of their official duties. Such interference
with a Federal employee includes failure to provide
a correct name, address or other information deemed
necessary for identification upon request of the Federal
employee, when that employee is authorized by the District
Commander to issue citations in the performance of the
employee's official duties.
327.25
Violations of rules and regulations.
(a) Any person who violates
the provisions of the regulations in this part, other
than for a failure to pay authorized recreation use
fees as separately provided for in Sec. 327.23, may
be punished by a fine of not more than $5,000 or imprisonment
for not more than six months or both and may be tried
and sentenced in accordance with the provisions of section
3401 of Title 18, United States Code. Persons designated
by the District Commander shall have the authority to
issue a citation for violation of the regulations in
this part, requiring any person charged with the violation
to appear before the United States Magistrate within
whose jurisdiction the affected water resources development
project is located (16 U.S.C. 460d).
(b) Any person who commits
an act against any official or employee of the U.S.
Army Corps of Engineers that is a crime under the provisions
of section 111 or section 1114 of Title 18, United States
Code or under provisions of pertinent state law may
be tried and sentenced as further provided under Federal
or state law, as the case may be.
327.26
State and local laws.
(a) Except as otherwise
provided in this part or by Federal law or regulation,
state and local laws and ordinances shall apply on project
lands and waters. This includes, but is not limited
to, state and local laws and ordinances governing:
(1) Operation and use of motor
vehicles, vessels, and aircraft;
(2) Hunting, fishing and trapping;
(3) Use or possession of firearms or other weapons;
(4) Civil disobedience and criminal acts;
(5) Littering, sanitation and pollution; and
(6) Alcohol or other controlled substances.
(b) These state and local
laws and ordinances are enforced by those state and
local enforcement agencies established and authorized
for that purpose.
327.27
(Reserved)
327.28
(Reserved)
327.29
(Reserved)
327.30
Shoreline Management on Civil Works Projects
(a) Purpose. The purpose
of this regulation is to provide policy and guidance
on management of shorelines of Civil Works projects
where 36 CFR Part 327 is applicable.
(A complete copy of 327.30
is available at the Resource Manager's Office, District
Office, Division Office or from HQUSACE CECW-ON, Washington,
DC 20314-1000.)
| A
violation of the provisions of this regulation
shall subject the violator to a fine of not more
than $5,000.00 or imprisonment for not more than
6 months, or both. |
In the interest of more
effective resource management and to increase the overall
enjoyment of the visitor experience available at Corps
of Engineers water resources development projects, the
preceding rules and regulations have been established.
Your observance of these rules while a visitor to these
projects will make your visit and the visits of others
more pleasant and enjoyable.
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