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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