1

Title 36—Parks, Forests,and Public Property

(This book contains part 300 to End)

Part

CHAPTER III—Corps of Engineers, Department of the Army .. 312

CHAPTER IV—American Battle Monuments Commission ....... 400

CHAPTER V—Smithsonian Institution .................................... 504CHAPTER VI—[Reserved]

CHAPTER VII—Library of Congress ......................................... 701

CHAPTER VIII—Advisory Council on Historic Preservation .... 800

CHAPTER IX—Pennsylvania Avenue Development Corpora-tion .................................................................................... 901

CHAPTER X—Presidio Trust .................................................... 1001

CHAPTER XI—Architectural and Transportation BarriersCompliance Board .............................................................. 1120

CHAPTER XII—National Archives and Records Administra-tion .................................................................................... 1200

CHAPTER XV—Oklahoma City National Memorial Trust ....... 1501

CHAPTER XVI—Morris K. Udall Scholarship and Excellencein National Environmental Policy Foundation ................. 1600

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CHAPTER III—CORPS OF ENGINEERS,DEPARTMENT OF THE ARMY

Part Page312 Prohibition of discriminatory practices in water

resource development projects ............................. 5327 Rules and regulations governing public use of

water resource development projects adminis-tered by the Chief of Engineers ............................ 5

328 Regulation of seaplane operations at civil workswater resource development projects adminis-tered by the Chief of Engineers ............................ 24

330 Regulation of law enforcement services contractsat civil works water resource projects adminis-tered by the Chief of Engineers ............................ 27

331 Regulations governing the protection, use andmanagement of the falls of the Ohio NationalWildlife Conservation Area, Kentucky and Indi-ana ....................................................................... 30

332–399 [Reserved]

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PART 312—PROHIBITION OF DIS-CRIMINATORY PRACTICES INWATER RESOURCE DEVELOPMENTPROJECTS

Sec.312.1 Areas covered.312.2 Discriminatory practices prohibited.

AUTHORITY: Sec. 4, 58 Stat. 889, as amended;16 U.S.C. 460d.

§ 312.1 Areas covered.The regulation covered in this part

shall be applicable to all water re-source project lands under the super-vision of the Secretary of the Army notcovered in parts 311 and 326, of thistitle.

[29 FR 9710, July 18, 1964]

§ 312.2 Discriminatory practices pro-hibited.

All project land and water areaswhich are open to the public shall beavailable for use and enjoyment by thepublic without regard to race, creed,color or national origin. Each lessee orlicensee of a project area under lease orlicense providing for a public or quasi-public use, including group camp ac-tivities, and each concessionaire of alessee or licensee providing a service tothe public including facilities and ac-commodations, shall not discriminateagainst any person or persons becauseof race, creed, color or national originin the conduct of its operations underthe lease, license or concession agree-ment.

[29 FR 9710, July 18, 1964]

PART 327—RULES AND REGULA-TIONS GOVERNING PUBLIC USEOF WATER RESOURCE DEVELOP-MENT PROJECTS ADMINISTEREDBY THE CHIEF OF ENGINEERS

Sec.327.0 Applicability.327.1 Policy.327.2 Vehicles.327.3 Vessels.327.4 Aircraft.327.5 Swimming.327.6 Picnicking.327.7 Camping.327.8 Hunting, fishing, and trapping.327.9 Sanitation.

327.10 Fires.327.11 Control of animals.327.12 Restrictions.327.13 Explosives, firearms, other weapons

and fireworks.327.14 Public property.327.15 Abandonment and impoundment of

personal property.327.16 Lost and found articles.327.17 Advertisement.327.18 Commercial activities.327.19 Permits.327.20 Unauthorized structures.327.21 Special events.327.22 Unauthorized occupation.327.23 Recreation use fees.327.24 Interference with Government em-

ployees.327.25 Violations of rules and regulations.327.26 State and local laws.327.27—327.29 [Reserved]327.30 Shoreline Management on Civil

Works Projects.327.31 Shoreline management fee schedule.

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.

SOURCE: 50 FR 35556, Sept. 3, 1985, unlessotherwise noted.

§ 327.0 Applicability.The regulations covered in this part

327 shall be applicable to water re-sources development projects, com-pleted or under construction, adminis-tered by the Chief of Engineers, and tothose portions of jointly administeredwater resources development projectswhich are under the administrative ju-risdiction of the Chief of Engineers. Allother Federal, state and local laws andregulations remain in full force and ef-fect where applicable to those water re-sources development projects.

[65 FR 6898, Feb. 11, 2000]

§ 327.1 Policy.(a) It is the policy of the Secretary of

the Army, acting through the Chief ofEngineers, to manage the natural, cul-tural and developed resources of eachproject in the public interest, providingthe public with safe and healthful rec-reational opportunities while pro-tecting and enhancing these resources.

(b) Unless otherwise indicated in thispart, the term ‘‘District Commander’’shall include the authorized represent-atives of the District Commander.

(c) The term ‘‘project’’ or ‘‘water re-sources development project’’ refers to

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36 CFR Ch. III (7–1–01 Edition)§ 327.2

the water areas of any water resourcesdevelopment project administered bythe Chief of Engineers, without regardto ownership of underlying land, to alllands owned in fee by the Federal Gov-ernment and to all facilities therein orthereon of any such water resources de-velopment project.

(d) All water resources developmentprojects open for public use shall beavailable to the public without regardto sex, race, color, creed, age, nation-ality or place of origin. No lessee, li-censee, or concessionaire providing aservice to the public shall discriminateagainst any person because of sex, race,creed, color, age, nationality or placeof origin in the conduct of the oper-ations under the lease, license or con-cession contract.

(e) In addition to the regulations inthis part 327, all applicable Federal,state and local laws and regulations re-main in full force and effect on projectlands or waters which are outgrantedby the District Commander by lease, li-cense or other written agreement.

(f) The regulations in this part 327shall be deemed to apply to those landsand waters which are subject to trea-ties and Federal laws and regulationsconcerning the rights of Indian Nationsand which lands and waters are incor-porated, in whole or in part, withinwater resources development projectsadministered by the Chief of Engineers,to the extent that the regulations inthis part 327 are not inconsistent withsuch treaties and Federal laws and reg-ulations.

(g) Any violation of any section ofthis part 327 shall constitute a separateviolation for each calendar day inwhich it occurs.

(h) For the purposes of this part 327,the operator of any vehicle, vessel oraircraft as described in this part, shallbe presumed to be responsible for itsuse on project property. In the eventwhere an operator cannot be deter-mined, the owner of the vehicle, vessel,or aircraft, whether attended or unat-tended, will be presumed responsible.Unless proven otherwise, such pre-sumption will be sufficient to issue acitation for the violation of regulationsapplicable to the use of such vehicle,vessel or aircraft as provided for in§ 327.25.

(i) For the purposes of this part 327,the registered user of a campsite, pic-nic area, or other facility shall be pre-sumed to be responsible for its use. Un-less proven otherwise, such presump-tion will be sufficient to issue a cita-tion for the violation of regulations ap-plicable to the use of such facilities asprovided for in § 327.25.

[65 FR 6898, Feb. 11, 2000]

§ 327.2 Vehicles.(a) This section pertains to all vehi-

cles, including, but not limited to,automobiles, trucks, motorcycles,mini-bikes, snowmobiles, dune buggies,all-terrain vehicles, and trailers, camp-ers, bicycles, or any other such equip-ment.

(b) Vehicles shall not be parked inviolation of posted restrictions andregulations, or in such a manner as toobstruct or impede normal or emer-gency traffic movement or the parkingof other vehicles, create a safety haz-ard, or endanger any person, propertyor environmental feature. Vehicles soparked are subject to removal and im-poundment at the owner’s expense.

(c) The operation and/or parking of avehicle off authorized roadways is pro-hibited except at locations and timesdesignated by the District Commander.Taking any vehicle through, around orbeyond a restrictive sign, recognizablebarricade, fence, or traffic control bar-rier is prohibited.

(d) Vehicles shall be operated in ac-cordance with posted restrictions andregulations.

(e) No person shall operate any vehi-cle in a careless, negligent or recklessmanner so as to endanger any person,property or environmental feature.

(f) At designated recreation areas, ve-hicles shall be used only to enter orleave the area or individual sites or fa-cilities unless otherwise posted.

(g) Except as authorized by the Dis-trict Commander, no person shall oper-ate any motorized vehicle without aproper and effective exhaust muffler asdefined by state and local laws, or withan exhaust muffler cutout open, or inany other manner which renders theexhaust muffler ineffective in mufflingthe sound of engine exhaust.

(h) Vehicles shall be operated in ac-cordance with applicable Federal, state

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Corps of Engineers, Army, DoD § 327.4

and local laws, which shall be regu-lated by authorized enforcement offi-cials as prescribed in § 327.26.

[65 FR 6899, Feb. 11, 2000]

§ 327.3 Vessels.(a) This section pertains to all ves-

sels or watercraft, including, but notlimited to, powerboats, cruisers, house-boats, sailboats, rowboats, canoes,kayaks, personal watercraft, and anyother such equipment capable of navi-gation on water or ice, whether in mo-tion or at rest.

(b) The placement and/or operation ofany vessel or watercraft for a fee orprofit upon project waters or lands isprohibited except as authorized by per-mit, lease, license, or concession con-tract with the Department of theArmy. This paragraph shall not applyto the operation of commercial tows orpassenger carrying vessels not based ata Corps project which utilize projectwaters as a link in continuous transitover navigable waters of the UnitedStates.

(c) Vessels or other watercraft maybe operated on the project waters, ex-cept in prohibited or restricted areas,in accordance with posted regulationsand restrictions, including buoys. Allvessels or watercraft so required by ap-plicable Federal, state and local lawsshall display an appropriate registra-tion on board whenever the vessel is onproject waters.

(d) No person shall operate any vesselor other watercraft in a careless, neg-ligent, or reckless manner so as to en-danger any person, property, or envi-ronmental feature.

(e) All vessels, when on project wa-ters, shall have safety equipment, in-cluding personal flotation devices, onboard in compliance with U.S. CoastGuard boating safety requirements andin compliance with boating safety lawsissued and enforced by the state inwhich the vessel is located. Owners oroperators of vessels not in compliancewith this section may be requested toremove the vessel immediately fromproject waters until such time as itemsof non-compliance are corrected.

(f) Unless otherwise permitted byFederal, state or local law, vessels orother watercraft, while moored in com-mercial facilities, community or cor-

porate docks, or at any fixed or perma-nent mooring point, may only be usedfor overnight occupancy when such useis incidental to recreational boating.Vessels or other watercraft are not tobe used as a place of habitation or resi-dence.

(g) Water skis, parasails, ski-kitesand similar devices are permitted innonrestricted areas except that theymay not be used in a careless, neg-ligent, or reckless manner so as to en-danger any person, property or envi-ronmental feature.

(h) Vessels shall not be attached oranchored to structures such as locks,dams, buoys or other structures unlessauthorized by the District Commander.All vessels when not in actual use shallbe removed from project lands and wa-ters unless securely moored or storedat designated areas approved by theDistrict Commander. The placing offloating or stationary mooring facili-ties on, adjacent to, or interfering witha buoy, channel marker or other navi-gational aid is prohibited.

(i) The use at a project of any vesselnot constructed or maintained in com-pliance with the standards and require-ments established by the Federal SafeBoating Act of 1971 (Pub. L. 92–75, 85Stat. 213), or promulgated pursuant tosuch act, is prohibited.

(j) Except as authorized by the Dis-trict Commander, no person shall oper-ate any vessel or watercraft without aproper and effective exhaust muffler asdefined by state and local laws, or withan exhaust muffler cutout open, or inany other manner which renders theexhaust muffler ineffective in mufflingthe sound of engine exhaust.

(k) All vessels or other watercraftshall be operated in accordance withapplicable Federal, state and locallaws, which shall be regulated by au-thorized enforcement officials as pre-scribed in § 327.26.

[65 FR 6899, Feb. 11, 2000]

§ 327.4 Aircraft.(a) This section pertains to all air-

craft including, but not limited to, air-planes, seaplanes, helicopters, ultra-light aircraft, motorized hang gliders,hot air balloons, any non-poweredflight devices or any other such equip-ment.

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36 CFR Ch. III (7–1–01 Edition)§ 327.5

(b) The operation of aircraft onproject lands at locations other thanthose designated by the District Com-mander is prohibited. This provisionshall not be applicable to aircraft en-gaged on official business of Federal,state or local governments or law en-forcement agencies, aircraft used inemergency rescue in accordance withthe directions of the District Com-mander or aircraft forced to land dueto circumstances beyond the control ofthe operator.

(c) No person shall operate any air-craft while on or above project watersor project lands in a careless, negligentor reckless manner so as to endangerany person, property or environmentalfeature.

(d) Nothing in this section bestowsauthority to deviate from rules andregulations or prescribed standards ofthe appropriate State AeronauticalAgency, or the Federal Aviation Ad-ministration, including, but not lim-ited to, regulations and standards con-cerning pilot certifications or ratings,and airspace requirements.

(e) Except in extreme emergenciesthreatening human life or serious prop-erty loss, the air delivery or retrievalof any person, material or equipmentby parachute, balloon, helicopter orother means onto or from project landsor waters without written permissionof the District Commander is prohib-ited.

(f) In addition to the provisions inparagraphs (a) through (e) of this sec-tion, seaplanes are subject to the fol-lowing restrictions:

(1) Such use is limited to aircraft uti-lized for water landings and takeoff, inthis part called seaplanes, at the riskof owner, operator and passenger(s).

(2) Seaplane operations contrary tothe prohibitions or restrictions estab-lished by the District Commander (pur-suant to part 328 of this title) are pro-hibited. The responsibility to ascertainwhether seaplane operations are pro-hibited or restricted is incumbent uponthe person(s) contemplating the use of,or using, such waters.

(3) All operations of seaplanes whileupon project waters shall be in accord-ance with U.S. Coast Guard navigationrules for powerboats or vessels and§ 327.3.

(4) Seaplanes on project waters andlands in excess of 24 hours shall be se-curely moored at mooring facilitiesand at locations permitted by the Dis-trict Commander. Seaplanes may betemporarily moored on project watersand lands, except in areas prohibitedby the District Commander, for periodsless than 24 hours providing:

(i) The mooring is safe, secure, andaccomplished so as not to damage therights of the Government or membersof the public, and

(ii) The operator remains in the vi-cinity of the seaplane and reasonablyavailable to relocate the seaplane ifnecessary.

(5) Commercial operation of sea-planes from project waters is prohib-ited without written approval of theDistrict Commander following con-sultation with and necessary clearancefrom the Federal Aviation Administra-tion (FAA) and other appropriate pub-lic authorities and affected interests.

(6) Seaplanes may not be operated atCorps projects between sunset and sun-rise unless approved by the DistrictCommander.

[65 FR 6899, Feb. 11, 2000]

§ 327.5 Swimming.(a) Swimming, wading, snorkeling or

scuba diving at one’s own risk is per-mitted, except at launching sites, des-ignated mooring points and publicdocks, or other areas so designated bythe District Commander.

(b) An international diver down, orinland diving flag must be displayedduring underwater activities.

(c) Diving, jumping or swinging fromtrees, bridges or other structures whichcross or are adjacent to project watersis prohibited.

[65 FR 6900, Feb. 11, 2000]

§ 327.6 Picnicking.Picnicking and related day-use ac-

tivities are permitted, except in thoseareas where prohibited by the DistrictCommander.

[65 FR 6900, Feb. 11, 2000]

§ 327.7 Camping.(a) Camping is permitted only at

sites and/or areas designated by theDistrict Commander.

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Corps of Engineers, Army, DoD § 327.10

(b) Camping at one or more camp-sites at any one water resource projectfor a period longer than 14 days duringany 30-consecutive-day period is pro-hibited without the written permissionof the District Commander.

(c) The unauthorized placement ofcamping equipment or other items on acampsite and/or personal appearance ata campsite without daily occupancy forthe purpose of reserving that campsitefor future occupancy is prohibited.

(d) The digging or leveling of anyground or the construction of anystructure without written permissionof the District Commander is prohib-ited.

(e) Occupying or placement of anycamping equipment at a campsitewhich is posted or otherwise marked orindicated as ‘‘reserved’’ without an au-thorized reservation for that site isprohibited.

[65 FR 6900, Feb. 11, 2000]

§ 327.8 Hunting, fishing, and trapping.(a) Hunting is permitted except in

areas and during periods where prohib-ited by the District Commander.

(b) Trapping is permitted except inareas and during periods where prohib-ited by the District Commander.

(c) Fishing is permitted except inswimming areas, on boat ramps orother areas designated by the DistrictCommander.

(d) Additional restrictions pertainingto these activities may be establishedby the District Commander.

(e) All applicable Federal, State andlocal laws regulating these activitiesapply on project lands and waters, andshall be regulated by authorized en-forcement officials as prescribed in§ 327.26.

[65 FR 6900, Feb. 11, 2000]

§ 327.9 Sanitation.(a) Garbage, trash, rubbish, litter,

gray water, or any other waste mate-rial or waste liquid generated on theproject and incidental to authorizedrecreational activities shall be eitherremoved from the project or depositedin receptacles provided for that pur-pose. The improper disposal of suchwastes, human and animal waste in-cluded, on the project is prohibited.

(b) It is a violation to bring onto aproject any household or commercialgarbage, trash, rubbish, debris, deadanimals or litter of any kind for dis-posal or dumping without the writtenpermission of the District Commander.For the purposes of this section, theowner of any garbage, trash, rubbish,debris, dead animals or litter of anykind shall be presumed to be respon-sible for proper disposal. Such pre-sumption will be sufficient to issue acitation for violation.

(c) The spilling, pumping, dischargeor disposal of contaminants, pollutantsor other wastes, including, but not lim-ited to, human or animal waste, petro-leum, industrial and commercial prod-ucts and by-products, on project landsor into project waters is prohibited.

(d) Campers, picnickers, and all otherpersons using a water resources devel-opment project shall keep their sitesfree of trash and litter during the pe-riod of occupancy and shall remove allpersonal equipment and clean theirsites upon departure.

(e) The discharge or placing of sew-age, galley waste, garbage, refuse, orpollutants into the project waters fromany vessel or watercraft is prohibited.

[65 FR 6900, Feb. 11, 2000]

§ 327.10 Fires.

(a) Gasoline and other fuels, exceptthat which is contained in storagetanks of vehicles, vessels, campingequipment, or hand portable containersdesigned for such purpose, shall not becarried onto or stored on the projectwithout written permission of the Dis-trict Commander.

(b) Fires shall be confined to thoseareas designated by the District Com-mander, and shall be contained in fire-places, grills, or other facilities des-ignated for this purpose. Fires shallnot be left unattended and must becompletely extinguished prior to de-parture. The burning of materials thatproduce toxic fumes, including, but notlimited to, tires, plastic and otherfloatation materials or treated woodproducts is prohibited. The DistrictCommander may prohibit open burningof any type for environmental consid-erations.

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36 CFR Ch. III (7–1–01 Edition)§ 327.11

(c) Improper disposal of lightedsmoking materials, matches or otherburning material is prohibited.

[65 FR 6900, Feb. 11, 2000]

§ 327.11 Control of animals.(a) No person shall bring or allow

dogs, cats, or other pets into developedrecreation areas or adjacent waters un-less penned, caged, on a leash under sixfeet in length, or otherwise physicallyrestrained. No person shall allow ani-mals to impede or restrict otherwisefull and free use of project lands andwaters by the public. No person shallallow animals to bark or emit othernoise which unreasonably disturbsother people. Animals and pets, exceptproperly trained animals assistingthose with disabilities (such as seeing-eye dogs), are prohibited in sanitary fa-cilities, playgrounds, swimming beach-es and any other areas so designated bythe District Commander. Abandonmentof any animal on project lands or wa-ters is prohibited. Unclaimed or unat-tended animals are subject to imme-diate impoundment and removal in ac-cordance with state and local laws.

(b) Persons bringing or allowing petsin designated public use areas shall beresponsible for proper removal and dis-posal of any waste produced by theseanimals.

(c) No person shall bring or allowhorses, cattle, or other livestock incamping, picnicking, swimming orother recreation areas or on trails ex-cept in areas designated by the DistrictCommander.

(d) Ranging, grazing, watering or al-lowing livestock on project lands andwaters is prohibited except when au-thorized by lease, license or other writ-ten agreement with the District Com-mander.

(e) Unauthorized livestock are sub-ject to impoundment and removal inaccordance with Federal, state andlocal laws.

(f) Any animal impounded under theprovisions of this section may be con-fined at a location designated by theDistrict Commander, who may assess areasonable impoundment fee. This feeshall be paid before the impounded ani-mal is returned to its owner(s).

(g) Wild or exotic pets and animals(including but not limited to cougars,

lions, bears, bobcats, wolves, andsnakes), or any pets or animals dis-playing vicious or aggressive behavioror otherwise posing a threat to publicsafety or deemed a public nuisance, areprohibited from project lands and wa-ters unless authorized by the DistrictCommander, and are subject to re-moval in accordance with Federal,state and local laws.

[65 FR 6901, Feb. 11, 2000]

§ 327.12 Restrictions.

(a) The District Commander may es-tablish and post a schedule of visitinghours and/or restrictions on the publicuse of a project or portion of a project.The District Commander may close orrestrict the use of a project or portionof a project when necessitated by rea-son of public health, public safety,maintenance, resource protection orother reasons in the public interest.Entering or using a project in a man-ner which is contrary to the scheduleof visiting hours, closures or restric-tions is prohibited.

(b) Quiet shall be maintained in allpublic use areas between the hours of10 p.m. and 6 a.m., or those hours des-ignated by the District Commander.Excessive noise during such timeswhich unreasonably disturbs persons isprohibited.

(c) Any act or conduct by any personwhich interferes with, impedes or dis-rupts the use of the project or impairsthe safety of any person is prohibited.Individuals who are boisterous, rowdy,disorderly, or otherwise disturb thepeace on project lands or waters maybe requested to leave the project.

(d) The operation or use of any soundproducing or motorized equipment, in-cluding but not limited to generators,vessels or vehicles, in such a manner asto unreasonably annoy or endangerpersons at any time or exceed state orlocal laws governing noise levels frommotorized equipment is prohibited.

(e) The possession and/or consump-tion of alcoholic beverages on any por-tion of the project land or waters, orthe entire project, may be prohibitedwhen designated and posted by the Dis-trict Commander.

(f) Unless authorized by the DistrictCommander, smoking is prohibited in

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Corps of Engineers, Army, DoD § 327.15

Visitor Centers, enclosed park build-ings and in areas posted to restrictsmoking.

[65 FR 6901, Feb. 11, 2000]

§ 327.13 Explosives, firearms, otherweapons and fireworks.

(a) The possession of loaded firearms,ammunition, loaded projectile firingdevices, bows and arrows, crossbows, orother weapons is prohibited unless:

(1) In the possession of a Federal,state or local law enforcement officer;

(2) Being used for hunting or fishingas permitted under § 327.8, with devicesbeing unloaded when transported to,from or between hunting and fishingsites;

(3) Being used at authorized shootingranges; or

(4) Written permission has been re-ceived from the District Commander.

(b) Possession of explosives or explo-sive devices of any kind, including fire-works or other pyrotechnics, is prohib-ited unless written permission has beenreceived from the District Commander.

[65 FR 6901, Feb. 11, 2000]

§ 327.14 Public property.(a) Destruction, injury, defacement,

removal or any alteration of publicproperty including, but not limited to,developed facilities, natural forma-tions, mineral deposits, historical andarchaeological features, paleontolog-ical resources, boundarymonumentation or markers and vege-tative growth, is prohibited exceptwhen in accordance with written per-mission of the District Commander.

(b) Cutting or gathering of trees orparts of trees and/or the removal ofwood from project lands is prohibitedwithout written permission of the Dis-trict Commander.

(c) Gathering of dead wood on theground for use in designated recreationareas as firewood is permitted, unlessprohibited and posted by the DistrictCommander.

(d) The use of metal detectors is per-mitted on designated beaches or otherpreviously disturbed areas unless pro-hibited by the District Commander forreasons of protection of archaeological,historical or paleontological resources.Specific information regarding metal

detector policy and designated useareas is available at the Manager’s Of-fice. Items found must be handled inaccordance with §§ 327.15 and 327.16 ex-cept for non-identifiable items such ascoins of value less than $25.

[65 FR 6901, Feb. 11, 2000]

§ 327.15 Abandonment and impound-ment of personal property.

(a) Personal property of any kindshall not be abandoned, stored or leftunattended upon project lands or wa-ters. After a period of 24 hours, or atany time after a posted closure hour ina public use area or for the purpose ofproviding public safety or resource pro-tection, unattended personal propertyshall be presumed to be abandoned andmay be impounded and stored at a stor-age point designated by the DistrictCommander, who may assess a reason-able impoundment fee. Such fee shallbe paid before the impounded propertyis returned to its owner.

(b) Personal property placed on Fed-eral lands or waters adjacent to a pri-vate residence, facility and/or develop-ments of any private nature for morethan 24 hours without permission ofthe District Commander shall be pre-sumed to have been abandoned and, un-less proven otherwise, such presump-tion will be sufficient to impound theproperty and/or issue a citation as pro-vided for in § 327.25.

(c) The District Commander shall, bypublic or private sale or otherwise, dis-pose of all lost, abandoned or un-claimed personal property that comesinto Government custody or control.However, property may not be disposedof until diligent effort has been madeto find the owner, heirs, next of kin orlegal representative(s). If the owner,heirs, next of kin or legal representa-tive(s) are determined but not found,the property may not be disposed ofuntil the expiration of 120 days afterthe date when notice, giving the timeand place of the intended sale or otherdisposition, has been sent by certifiedor registered mail to that person at thelast known address. When diligent ef-forts to determine the owner, heirs,next of kin or legal representative(s)are unsuccessful, the property may bedisposed of without delay except that ifit has a fair market value of $100 or

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36 CFR Ch. III (7–1–01 Edition)§ 327.16

more the property may not be disposedof until 90 days after the date it is re-ceived at the storage point designatedby the District Commander. The netproceeds from the sale of property shallbe conveyed into the Treasury of theUnited States as miscellaneous re-ceipts.

[65 FR 6901, Feb. 11, 2000]

§ 327.16 Lost and found articles.

All articles found shall be depositedby the finder at the Manager’s office orwith a ranger. All such articles shall bedisposed of in accordance with the pro-cedures set forth in § 327.15.

[65 FR 6902, Feb. 11, 2000]

§ 327.17 Advertisment.

(a) Advertising and the distributionof printed matter is allowed withinproject land and waters provided that apermit to do so has been issued by theDistrict Commander and provided thatthis activity is not solely commercialadvertising.

(b) An application for such a permitshall set forth the name of the appli-cant, the name of the organization (ifany), the date, time, duration, and lo-cation of the proposed advertising orthe distribution of printed matter, thenumber of participants, and any otherinformation required by the permit ap-plication form. Permit conditions andprocedures are available from the Dis-trict Commander.

(c) Vessels and vehicles withsemipermanent or permanent paintedor installed signs are exempt as long asthey are used for authorized rec-reational activities and comply withall other rules and regulations per-taining to vessels and vehicles.

(d) The District Commander shall,without unreasonable delay, issue apermit on proper application unless:

(1) A prior application for a permitfor the same time and location hasbeen made that has been or will begranted and the activities authorizedby that permit do not reasonably allowmultiple occupancy of the particulararea; or

(2) It reasonably appears that the ad-vertising or the distribution of printedmatter will present a clear and present

danger to the public health and safety;or

(3) The number of persons engaged inthe advertising or the distribution ofprinted matter exceeds the numberthat can reasonably be accommodatedin the particular location applied for,considering such things as damage toproject resources or facilities, impair-ment of a protected area’s atmosphereof peace and tranquility, interferencewith program activities, or impairmentof public use facilities; or

(4) The location applied for has notbeen designated as available for the ad-vertising or the distribution of printedmatter; or

(5) The activity would constitute aviolation of an applicable law or regu-lation.

(e) If a permit is denied, the appli-cant shall be so informed in writing,with the reason(s) for the denial setforth.

(f) The District Commander shalldesignate on a map, which shall beavailable for inspection in the applica-ble project office, the locations withinthe project that are available for theadvertising or the distribution of print-ed matter. Locations may be des-ignated as not available only if the ad-vertising or the distribution of printedmatter would:

(1) Cause injury or damage to projectresources; or

(2) Unreasonably impair the atmos-phere of the peace and tranquilitymaintained in natural, historic, orcommemorative zones; or

(3) Unreasonably interfere with inter-pretive, visitor service, or other pro-gram activities, or with the adminis-trative activities of the Corps of Engi-neers; or

(4) Substantially impair the oper-ation of public use facilities or servicesof Corps of Engineers concessioners orcontractors.

(5) Present a clear and present dangerto the public health and safety.

(g) The permit may contain such con-ditions as are reasonably consistentwith protection and use of the projectarea for the purposes for which it is es-tablished.

(h) No permit shall be issued for a pe-riod in excess of 14 consecutive days,provided that permits may be extended

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13

Corps of Engineers, Army, DoD § 327.20

for like periods, upon a new applica-tion, unless another applicant has re-quested use of the same location andmultiple occupancy of that location isnot reasonably possible.

(i) It is prohibited for persons en-gaged in the activity under this sectionto obstruct or impede pedestrians orvehicles, harass project visitors withphysical contact or persistent de-mands, misrepresent the purposes oraffiliations of those engaged in the ad-vertising or the distribution of printedmatter, or misrepresent whether theprinted matter is available withoutcost or donation.

(j) A permit may be revoked underany of those conditions, as listed inparagraph (d) of this section, that con-stitute grounds for denial of a permit,or for violation of the terms and condi-tions of the permit. Such a revocationshall be made in writing, with the rea-son(s) for revocation clearly set forth,except under emergency cir-cumstances, when an immediate verbalrevocation or suspension may be made,to be followed by written confirmationwithin 72 hours.

(k) Violation of the terms and condi-tions of a permit issued in accordancewith this section may result in the sus-pension or revocation of the permit.

[65 FR 26137, May 5, 2000]

§ 327.18 Commercial activities.(a) The engaging in or solicitation of

business on project land or waterswithout the express written permissionof the District Commander is prohib-ited.

(b) It shall be a violation of this partto refuse to or fail to comply with anyterms, clauses or conditions of anylease, license or agreements issued bythe District Commander.

[65 FR 6902, Feb. 11, 2000]

§ 327.19 Permits.(a) It shall be a violation of this part

to refuse to or fail to comply with thefee requirements or other terms or con-ditions of any permit issued under theprovisions of this part 327.

(b) Permits for floating structures(issued under the authority of § 327.30)of any kind on/in waters of water re-sources development projects, whether

or not such waters are deemed navi-gable waters of the United States butwhere such waters are under the man-agement of the Corps of Engineers,shall be issued at the discretion of theDistrict Commander under the author-ity of this section. District Com-manders will delineate those portionsof the navigable waters of the UnitedStates where this provision is applica-ble and post notices of this designationin the vicinity of the appropriate Man-ager’s office.

(c) Permits for non-floating struc-tures (issued under the authority of§ 327.30) of any kind constructed, placedin or affecting waters of water re-sources development projects wheresuch waters are deemed navigable wa-ters of the U.S. shall be issued underthe provisions of section 10 of the Riv-ers and Harbors Act approved March 3,1899 (33 U.S.C. 403). If a discharge ofdredged or fill material in these watersis involved, a permit is required undersection 404 of the Clean Water Act (33U.S.C. 1344). (See 33 CFR parts 320through 330.)

(d) Permits for non-floating struc-tures (issued under the authority of§ 327.30) of any kind in waters of waterresources development projects, wheresuch waters are under the managementof the Corps of Engineers and wheresuch waters are not deemed navigablewaters of the United States, shall beissued as set forth in paragraph (b) ofthis section. If a discharge of dredgedor fill material into any water of theUnited States is involved, a permit isrequired under section 404 of the CleanWater Act (33 U.S.C. 1344) (See 33 CFRparts 320 through 330). Water qualitycertification may be required pursuantto Section 401 of the Clean Water Act(33 U.S.C. 1341).

(e) Shoreline Use Permits to author-ize private shoreline use facilities, ac-tivities or development (issued underthe authority of § 327.30) may be issuedin accordance with the project Shore-line Management Plan. Failure to com-ply with the permit conditions issuedunder § 327.30 is prohibited.

[65 FR 6902, Feb. 11, 2000]

§ 327.20 Unauthorized structures.The construction, placement, or ex-

istence of any structure (including, but

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36 CFR Ch. III (7–1–01 Edition)§ 327.21

not limited to, roads, trails, signs, non-portable hunting stands or blinds,buoys, docks, or landscape features) ofany kind under, upon, in or over theproject lands, or waters is prohibitedunless a permit, lease, license or otherappropriate written authorization hasbeen issued by the District Com-mander. The design, construction,placement, existence or use of struc-tures in violation of the terms of thepermit, lease, license, or other writtenauthorization is prohibited. The gov-ernment shall not be liable for the lossof, or damage to, any private struc-tures, whether authorized or not,placed on project lands or waters. Un-authorized structures are subject tosummary removal or impoundment bythe District Commander. Portablehunting stands, climbing devices,steps, or blinds, that are not nailed orscrewed into trees and are removed atthe end of a day’s hunt may be used.

[65 FR 6902, Feb. 11, 2000]

§ 327.21 Special events.

(a) Special events including, but notlimited to, water carnivals, boat regat-tas, fishing tournaments, music fes-tivals, dramatic presentations or otherspecial recreation programs are prohib-ited unless written permission has beengranted by the District Commander.Where appropriate, District Com-manders can provide the state a blan-ket letter of permission to permit fish-ing tournaments while coordinatingthe scheduling and details of tour-naments with individual projects. Anappropriate fee may be charged underthe authority of § 327.23.

(b) The public shall not be chargedany fee by the sponsor of such eventunless the District Commander has ap-proved in writing (and the sponsor hasproperly posted) the proposed scheduleof fees. The District Commander shallhave authority to revoke permission,require removal of any equipment, andrequire restoration of an area to pre-event condition, upon failure of thesponsor to comply with terms and con-ditions of the permit/permission or theregulations in this part 327.

[65 FR 6902, Feb. 11, 2000]

§ 327.22 Unauthorized occupation.

(a) Occupying any lands, buildings,vessels or other facilities within waterresource development projects for thepurpose of maintaining the same as afull-or part-time residence without thewritten permission of the DistrictCommander is prohibited. The provi-sions of this section shall not apply tothe occupation of lands for the purposeof camping, in accordance with the pro-visions of § 327.7.

(b) Use of project lands or waters foragricultural purposes is prohibited ex-cept when in compliance with termsand conditions authorized by lease, li-cense or other written agreementissued by the District Commander.

[65 FR 6903, Feb. 11, 2000]

§ 327.23 Recreation use fees.

(a) In accordance with the Land andWater Conservation Fund Act of 1965(16 U.S.C. 460l) and the Omnibus BudgetReconciliation Act of 1993, Pub. L. 103–66, the Corps of Engineers collects dayuse fees, special recreation use feesand/or special permit fees for the use ofspecialized sites, facilities, equipmentor services related to outdoor recre-ation furnished at Federal expense.

(b) Where such fees are charged, theDistrict Commander shall insure thatclear notice of fee requirements isprominently posted at each area, andat appropriate locations therein andthat the notice be included in publica-tions distributed at such areas. Failureto pay authorized recreation use fees asestablished pursuant to Pub. L. 88–578,78 Stat. 897, as amended (16 U.S.C. 460l–6a), is prohibited and is punishable by afine of not more than $100.

(c) Failure to pay authorized day usefees, and/or properly display applicablereceipt, permit or pass is prohibited.

(d) Any Golden Age or Golden AccessPassport permittee shall be entitled,upon presentation of such a permit, toutilize special recreation facilities at arate of 50 percent off the establisheduse fee at Federally operated areas.Fraudulent use of a Golden Age orGolden Access Passport is prohibited.

[65 FR 6903, Feb. 11, 2000]

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Corps of Engineers, Army, DoD § 327.30

§ 327.24 Interference with Governmentemployees.

(a) It is a Federal crime pursuant tothe provisions of sections 111 and 1114of Title 18, United States Code, to forc-ibly assault, resist, oppose, impede, in-timidate, or interfere with, attempt tokill or kill any civilian official or em-ployee for the U.S. Army Corps of En-gineers engaged in the performance ofhis or her official duties, or on accountof the performance of his or her officialduties. Such actions or interference di-rected against a Federal employeewhile carrying out the regulations inthis part are violation of such regula-tions and may be a state crime pursu-ant to the laws of the state where theyoccur.

(b) Failure to comply with a lawfulorder issued by a Federal employeeacting pursuant to the regulations inthis part shall be considered as inter-ference with that employee while en-gaged in the performance of their offi-cial duties. Such interference with aFederal employee includes failure toprovide a correct name, address orother information deemed necessaryfor identification upon request of theFederal employee, when that employeeis authorized by the District Com-mander to issue citations in the per-formance of the employee’s official du-ties.

[65 FR 6903, Feb. 11, 2000]

§ 327.25 Violations of rules and regula-tions.

(a) Any person who violates the pro-visions of the regulations in this part,other than for a failure to pay author-ized recreation use fees as separatelyprovided for in § 327.23, may be pun-ished by a fine of not more than $5,000or imprisonment for not more than sixmonths or both and may be tried andsentenced in accordance with the pro-visions of section 3401 of Title 18,United States Code. Persons designatedby the District Commander shall havethe authority to issue a citation forviolation of the regulations in thispart, requiring any person chargedwith the violation to appear before theUnited States Magistrate within whosejurisdiction the affected water re-

sources development project is located(16 U.S.C. 460d).

(b) Any person who commits an actagainst any official or employee of theU.S. Army Corps of Engineers that is acrime under the provisions of section111 or section 1114 of Title 18, UnitedStates Code or under provisions of per-tinent state law may be tried and sen-tenced as further provided under Fed-eral or state law, as the case may be.

[65 FR 6903, Feb. 11, 2000]

§ 327.26 State and local laws.(a) Except as otherwise provided in

this part or by Federal law or regula-tion, state and local laws and ordi-nances shall apply on project lands andwaters. This includes, but is not lim-ited to, state and local laws and ordi-nances governing:

(1) Operation and use of motor vehi-cles, 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 pollu-

tion; and(6) Alcohol or other controlled sub-

stances.(b) These state and local laws and or-

dinances are enforced by those stateand local enforcement agencies estab-lished and authorized for that purpose.

[65 FR 6903, Feb. 11, 2000]

§§ 327.27—327.29 [Reserved]

§ 327.30 Shoreline Management onCivil Works Projects.

(a) Purpose. The purpose of this regu-lation is to provide policy and guidanceon management of shorelines of CivilWorks projects where 36 CFR part 327 isapplicable.

(b) Applicability. This regulation isapplicable to all field operating agen-cies with Civil Works responsibilitiesexcept when such application would re-sult in an impingement upon existingIndian rights.

(c) References. (1) Section 4, 1944Flood Control Act, as amended (16U.S.C. 460d).

(2) The Rivers and Harbors Act of1894, as amended and supplemented (33U.S.C. 1)

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36 CFR Ch. III (7–1–01 Edition)§ 327.30

(3) Section 10, River and Harbor Actof 1899 (33 U.S.C. 403).

(4) National Historic PreservationAct of 1966 (Pub. L. 89–665; 80 Stat. 915)as amended (16 U.S.C. 470 et seq.).

(5) The National Environmental Pol-icy Act of 1969 (42 U.S.C. 4321, et seq.).

(6) The Clean Water Act (33 U.S.C.1344, et seq.).

(7) The Water Resources Develop-ment Act of 1986 (Pub. L. 99–662).

(8) Title 36, chapter III, part 327, Codeof Federal Regulations, ‘‘Rules andRegulations Governing Public Use ofWater Resource Development ProjectsAdministered by the Chief of Engi-neers.’’

(9) Executive Order 12088 (13 Oct. 78).(10) 33 CFR parts 320–330, ‘‘Regulatory

Programs of the Corps of Engineers.’’(11) ER 1130–2–400, ‘‘Management of

Natural Resources and Outdoor Recre-ation at Civil Works Water ResourceProjects.’’

(12) EM 385–1–1, ‘‘Safety and HealthRequirements Manual.’’

(d) Policy. (1) It is the policy of theChief of Engineers to protect and man-age shorelines of all Civil Works waterresource development projects underCorps jurisdiction in a manner whichwill promote the safe and healthful useof these shorelines by the public whilemaintaining environmental safeguardsto ensure a quality resource for use bythe public. The objectives of all man-agement actions will be to achieve abalance between permitted private usesand resource protection for generalpublic use. Public pedestrian access toand exit from these shorelines shall bepreserved. For projects or portions ofprojects where Federal real estate in-terest is limited to easement titleonly, management actions will be ap-propriate within the limits of the es-tate acquired.

(2) Private shoreline uses may be au-thorized in designated areas consistentwith approved use allocations specifiedin Shoreline Management Plans. Ex-cept to honor written commitmentsmade prior to publication of this regu-lation, private shoreline uses are notallowed on water resource projectswhere construction was initiated afterDecember 13, 1974, or on water resourceprojects where no private shorelineuses existed as of that date. Any exist-

ing permitted facilities on theseprojects will be grandfathered until thefacilities fail to meet the criteria setforth in § 327.30(h).

(3) A Shoreline Management Plan, asdescribed in § 327.30(e), will be preparedfor each Corps project where privateshoreline use is allowed. This plan willhonor past written commitments. Theplan will be reviewed at least onceevery five years and revised as nec-essary. Shoreline uses that do notinterfere with authorized project pur-poses, public safety concerns, violatelocal norms or result in significant en-vironmental effects should be allowedunless the public participation processidentifies problems in these areas. Ifsufficient demand exists, considerationshould be given to revising the shore-line allocations (e.g. increases/de-creases). Maximum public participa-tion will be encouraged as set forth in§ 327.30(e)(6). Except to honor writtencommitments made prior to the publi-cation of this regulation, shorelinemanagement plans are not required forthose projects where construction wasinitiated after December 13, 1974, or onprojects not having private shorelineuse as of that date. In that case, astatement of policy will be developedby the district commander to presentthe shoreline management policy. Thispolicy statement will be subject to theapproval of the division commander.For projects where two or more agen-cies have jurisdiction, the plan will becooperatively prepared with the Corpsas coordinator.

(4) Where commercial or other publiclaunching and/or moorage facilities arenot available within a reasonable dis-tance, group owned mooring facilitiesmay be allowed in Limited Develop-ment Areas to limit the proliferationof individual facilities. Generally onlyone permit will be necessary for agroup owned mooring facility with thatentity, if incorporated, or with one per-son from the organization designatedas the permittee and responsible for allmoorage spaces within the facility. Nocharge may be made for use of any per-mitted facility by others nor shall anycommercial activity be engaged inthereon.

(5) The issuance of a private shore-line use permit does not convey any

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Corps of Engineers, Army, DoD § 327.30

real estate or personal property rightsor exclusive use rights to the permitholder. The public’s right of access anduse of the permit area must be main-tained and preserved. Owners of per-mitted facilities may take necessaryprecautions to protect their propertyfrom theft, vandalism or trespass, butmay in no way preclude the publicright of pedestrian or vessel access tothe water surface or public land adja-cent to the facility.

(6) Shoreline Use Permits will onlybe issued to individuals or groups withlegal right of access to public lands.

(e) Shoreline Management Plan—(1) General. The policies outlined in

§ 327.30(d) will be implemented throughpreparation of Shoreline ManagementPlans, where private shoreline use isallowed.

(2) Preparation. A Shoreline Manage-ment Plan is prepared as part of theOperational Management Plan. A mor-atorium on accepting applications fornew permits may be placed in effectfrom the time an announcement of cre-ation of a plan or formal revision of aplan is made until the action is com-pleted.

(3) Approval. Approval of ShorelineManagement Plans rests with divisioncommanders. After approval, one copyof each project Shoreline ManagementPlan will be forwarded to HQUSACE(CECW–ON) WASH DC 20314–1000. Cop-ies of the approved plan will also bemade available to the public.

(4) Scope and Format. The ShorelineManagement Plan will consist of a mapshowing the shoreline allocated to theuses listed in § 327.30(e)(6), related rulesand regulations, a discussion of whatareas are open or closed to specific ac-tivities and facilities, how to apply forpermits and other information perti-nent to the Corps management of theshoreline. The plan will be prepared insufficient detail to ensure that it isclear to the public what uses are andare not allowed on the shoreline of theproject and why. A process will be de-veloped and presented in the ShorelineManagement Plan that prescribes aprocedure for review of activities re-quested but not specifically addressedby the Shoreline Management Plan.

(5) Shoreline Allocation. The entireshoreline will be allocated within the

classifications below and delineated ona map. Any action, within the contextof this rule, which gives a special privi-lege to an individual or group of indi-viduals on land or water at a Corpsproject, that precludes use of thoselands and waters by the general public,is considered to be private shorelineuse. Shoreline allocations cover thatland and/or water extending from theedge of the water and waterward withthe exception of allocations for thepurpose of vegetation modificationwhich extends landward to the projectboundary. These allocations shouldcomplement, but certainly not con-tradict, the land classifications in theproject master plan. A map of suffi-cient size and scale to clearly displaythe shoreline allocations will be con-spicuously displayed or readily avail-able for viewing in the project adminis-tration office and will serve as the au-thoritative reference. Reduced orsmaller scale maps may be developedfor public dissemination but the infor-mation contained on these must beidentical to that contained on the dis-play map in the project administrationoffice. No changes will be made tothese maps except through the formalupdate process. District commandersmay add specific constraints and iden-tify areas having unique characteris-tics during the plan preparation, re-view, or updating process in addition tothe allocation classifications describedbelow.

(i) Limited Development Areas. LimitedDevelopment Areas are those areas inwhich private facilities and/or activi-ties may be allowed consistent with§ 327.30(h) and appendix A. Modificationof vegetation by individuals may be al-lowed only following the issuance of apermit in accordance with appendix A.Potential low and high water condi-tions and underwater topographyshould be carefully evaluated beforeshoreline is allocated as Limited De-velopment Area.

(ii) Public Recreation Areas. PublicRecreation Areas are those areas des-ignated for commercial concessionairefacilities, Federal, state or other simi-lar public use. No private shoreline usefacilities and/or activities will be per-mitted within or near designated or de-veloped public recreation areas. The

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36 CFR Ch. III (7–1–01 Edition)§ 327.30

term ‘‘near’’ depends on the terrain,road system, and other local condi-tions, so actual distances must be es-tablished on a case by case basis ineach project Shoreline ManagementPlan. No modification of land forms orvegetation by private individuals orgroups of individuals is permitted inpublic recreation areas.

(iii) Protected Shoreline Areas. Pro-tected Shoreline Areas are those areasdesignated to maintain or restore aes-thetic, fish and wildlife, cultural, orother environmental values. Shorelinemay also be so designated to preventdevelopment in areas that are subjectto excessive siltation, erosion, rapiddewatering, or exposure to high wind,wave, or current action and/or in areasin which development would interferewith navigation. No Shoreline Use Per-mits for floating or fixed recreation fa-cilities will be allowed in protectedareas. Some modification of vegetationby private individuals, such as clearinga narrow meandering path to thewater, or limited mowing, may be al-lowed only following the issuance of apermit if the resource manager deter-mines that the activity will not ad-versely impact the environment orphysical characteristics for which thearea was designated as protected. Inmaking this determination the effecton water quality will also be consid-ered.

(iv) Prohibited Access Areas. Prohib-ited Access Areas are those in whichpublic access is not allowed or is re-stricted for health, safety or securityreasons. These could include hazardousareas near dams, spillways, hydro-elec-tric power stations, work areas, waterintake structures, etc. No shoreline usepermits will be issued in Prohibited Ac-cess Areas.

(6) Public Participation. District com-manders will ensure public participa-tion to the maximum practicable ex-tent in Shoreline Management Planformulation, preparation and subse-quent revisions. This may be accom-plished by public meetings, groupworkshops, open houses or other publicinvolvement techniques. When masterplan updates and preparation of theShoreline Management Plans are con-current, public participation may becombined and should consider all as-

pects of both plans, including shorelineallocation classifications. Public par-ticipation will begin during the initialformulation stage and must be broad-based to cover all aspects of public in-terest. The key to successful imple-mentation is an early and continualpublic relations program. Projects withsignificant numbers of permits shouldconsider developing computerized pro-grams to facilitate exchange of infor-mation with permittees and to improveprogram efficiency. Special care will betaken to advise citizen and conserva-tion organizations; Federal, state andlocal natural resource managementagencies; Indian Tribes; the media;commercial concessionaires; congres-sional liaisons; adjacent landownersand other concerned entities during theformulation of Shoreline ManagementPlans and subsequent revisions. No-tices shall be published prior to publicmeetings to assure maximum publicawareness. Public notices shall beissued by the district commander al-lowing for a minimum of 30 days for re-ceipt of written public comment in re-gard to the proposed Shoreline Man-agement Plan or any major revisionthereto.

(7) Periodic Review. Shoreline Man-agement Plans will be reviewed peri-odically, but no less often than everyfive years, by the district commanderto determine the need for update. Ifsufficient controversy or demand ex-ists, consideration should be given,consistent with other factors, to aprocess of reevaluation of the shorelineallocations and the plan. When changesto the Shoreline Management Plan areneeded, the plan will be formally up-dated through the public participationprocess. Cumulative environmental im-pacts of permit actions and the possi-bility of preparing or revising projectNEPA documentation will be consid-ered. District commanders may makeminor revisions to the Shoreline Man-agement Plan when the revisions areconsistent with policy and funds for acomplete plan update are not available.The amount and type of public involve-ment needed for such revision is at thediscretion of the district commander.

(f) Instruments for Shoreline Use. In-struments used to authorize private

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Corps of Engineers, Army, DoD § 327.30

shoreline use facilities, activities ordevelopment are as follows:

(1) Shoreline Use Permits. (i) ShorelineUse Permits are issued and enforced inaccordance with provisions of 36 CFR327.19.

(ii) Shoreline Use Permits are re-quired for private structures/activitiesof any kind (except boats) in waters ofCivil Works projects whether or notsuch waters are deemed navigable andwhere such waters are under the pri-mary jurisdiction of the Secretary ofthe Army and under the managementof the Corps of Engineers.

(iii) Shoreline Use Permits are re-quired for non-floating structures onwaters deemed commercially non-navi-gable, when such waters are undermanagement of the Corps of Engineers.

(iv) Shoreline Use Permits are alsorequired for land vegetation modifica-tion activities which do not involvedisruption to land form.

(v) Permits should be issued for aterm of five years. To reduce adminis-tration costs, one year permits shouldbe issued only when the location or na-ture of the activity requires annualreissuance.

(vi) Shoreline Use Permits for ero-sion control may be issued for the lifeor period of continual ownership of thestructure by the permittee and his/herlegal spouse.

(2) Department of the Army Permits.Dredging, construction of fixed struc-tures, including fills and combinationfixed-floating structures and the dis-charge of dredged or fill material inwaters of the United States will beevaluated under authority of section10, River and Harbor Act of 1899 (33U.S.C. 403) and section 404 of the CleanWater Act (33 U.S.C. 1344). Permits willbe issued where appropriate.

(3) Real Estate Instruments. Commer-cial development activities and activi-ties which involve grading, cuts, fills,or other changes in land form, or estab-lishment of appropriate land-based sup-port facilities required for privatefloating facilities, will continue to becovered by a lease, license or otherlegal grant issued through the appro-priate real estate element. ShorelineManagement Plans should identify thetypes of activities that require real es-tate instruments and indicate the gen-

eral process for obtaining same. Shore-line Use Permits are not required forfacilities or activities covered by a realestate instrument.

(g) Transfer of Permits. Shoreline UsePermits are non-transferable. They be-come null and void upon sale or trans-fer of the permitted facility or thedeath of the permittee and his/her legalspouse.

(h) Existing Facilities Now Under Per-mit. Implementation of a ShorelineManagement Plan shall consider exist-ing permitted facilities and prior writ-ten Corps commitments implicit intheir issuance. Facilities or activitiespermitted under special provisionsshould be identified in a way that willset them apart from other facilities oractivities.

(1) Section 6 of Pub. L. 97–140 pro-vides that no lawfully installed dock orappurtenant structures shall be re-quired to be removed prior to Decem-ber 31, 1989, from any Federal water re-sources reservoir or lake project ad-ministered by the Secretary of theArmy, acting through the Chief of En-gineers, on which it was located on De-cember 29, 1981, if such property ismaintained in usable condition, anddoes not occasion a threat to life orproperty.

(2) In accordance with section 1134(d)of Pub. L. 99–662, any houseboat, boat-house, floating cabin or lawfully in-stalled dock or appurtenant structuresin place under a valid shoreline usepermit as of November 17, 1986, cannotbe forced to be removed from any Fed-eral water resources project or lake ad-ministered by the Secretary of theArmy on or after December 31, 1989, ifit meets the three conditions below ex-cept where necessary for immediateuse for public purposes or higher publicuse or for a navigation or flood controlproject.

(i) Such property is maintained in ausable and safe condition,

(ii) Such property does not occasion athreat to life or property, and

(iii) The holder of the permit is insubstantial compliance with the exist-ing permit.

(3) All such floating facilities and ap-purtenances will be formally recog-nized in an appropriate Shoreline Man-agement Plan. New permits for these

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36 CFR Ch. III (7–1–01 Edition)§ 327.30

permitted facilities will be issued tonew owners. If the holder of the permitfails to comply with the terms of thepermit, it may be revoked and theholder required to remove the struc-ture, in accordance with the terms ofthe permit as to notice, time, and ap-peal.

(i) Facility Maintenance. Permitted fa-cilities must be operated, used andmaintained by the permittee in a safe,healthful condition at all times. If de-termined to be unsafe, the resourcemanager will establish together withthe permittee a schedule, based on theseriousness of the safety deficiency, forcorrecting the deficiency or having itremoved, at the permittee’s expense.The applicable safety and health pre-scriptions in EM 385–1–1 should be usedas a guide.

(j) Density of Development. The den-sity of private floating and fixed recre-ation facilities will be established inthe Shoreline Management Plan for allportions of Limited Development areasconsistent with ecological and aes-thetic characteristics and prior writtencommitments. The facility density inLimited Development Areas should, iffeasible, be determined prior to the de-velopment of adjacent private prop-erty. The density of facilities will notbe more than 50 per cent of the LimitedDevelopment Area in which they arelocated. Density will be measured bydetermining the linear feet of shorelineas compared to the width of the facili-ties in the water plus associated moor-age arrangements which restrict thefull unobstructed use of that portion ofthe shoreline. When a Limited Develop-ment Area or a portion of a LimitedDevelopment area reaches maximumdensity, notice should be given to thepublic and facility owners in that areathat no additional facilities will be al-lowed. In all cases, sufficient open areawill be maintained for safe maneu-vering of watercraft. Docks should notextend out from the shore more thanone-third of the width of a cove at nor-mal recreation or multipurpose pool. Inthose cases where current density ofdevelopment exceeds the density levelestablished in the Shoreline Manage-ment Plan, the density will be reducedto the prescribed level through attri-tion.

(k) Permit Fees. Fees associated withthe Shoreline Use Permits shall be paidprior to issuing the permit in accord-ance with the provisions of§ 327.30(c)(1). The fee schedule will bepublished separately.

APPENDIX A TO § 327.30—GUIDELINES FORGRANTING SHORELINE USE PERMITS

1. General

a. Decisions regarding permits for privatefloating recreation facilities will considerthe operating objectives and physical char-acteristics of each project. In developingShoreline Management Plans, district com-manders will give consideration to the ef-fects of added private boat storage facilitieson commercial concessions for that purpose.Consistent with established policies, newcommercial concessions may be alternativesto additional limited development shoreline.

b. Permits for individually or group ownedshoreline use facilities may be granted onlyin Limited Development Areas when thesites are not near commercial marine serv-ices and such use will not despoil the shore-line nor inhibit public use or enjoymentthereof. The installation and use of such fa-cilities will not be in conflict with the pres-ervation of the natural characteristics of theshoreline nor will they result in significantenvironmental damage. Charges will be madefor Shoreline Use Permits in accordancewith the separately published fee schedule.

c. Permits may be granted within LimitedDevelopment Areas for ski jumps, floats,boat moorage facilities, duck blinds, andother private floating recreation facilitieswhen they will not create a safety hazardand inhibit public use or enjoyment ofproject waters or shoreline. A Corps permitis not required for temporary ice fishingshelters or duck blinds when they are regu-lated by a state program. When the facilityor activity is authorized by a shoreline usepermit, a separate real estate instrument isgenerally not required.

d. Group owned boat mooring facilitiesmay be permitted in Limited DevelopmentAreas where practicable (e.g. where phys-ically feasible in terms of access, waterdepths, wind protection, etc.).

2. Applications for Shoreline Use Permits

a. Applications for private Shoreline UsePermits will be reviewed with full consider-ation of the policies set forth in this and ref-erenced regulations, and the Shoreline Man-agement Plan. Fees associated with theShoreline Use Permit shall be paid prior toissuing the permit. Plans and specificationsof the proposed facility shall be submittedand approved prior to the start of construc-tion. Submissions should include engineering

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Corps of Engineers, Army, DoD § 327.30

details, structural design, anchorage meth-od, and construction materials; the type,size, location and ownership of the facility;expected duration of use; and an indicationof willingness to abide by the applicable reg-ulations and terms and conditions of the per-mit. Permit applications shall also identifyand locate any land-based support facilitiesand any specific safety considerations.

b. Permits will be issued by the districtcommander or his/her authorized representa-tive on ENG Form 4264–R (Application forShoreline Use Permit) (appendix B). Com-puter generated forms may be substitutedfor ENG Form 4264–R provided all informa-tion is included. The computer generatedform will be designated, ‘‘ENG Form 4264–R–E, Oct 87 (Electronic generation approved byUSACE, Oct 87)’’.

c. The following are guides to issuance ofShoreline Use Permits:

(1) Use of boat mooring facilities, includingpiers and boat (shelters) houses, will be lim-ited to vessel or watercraft mooring andstorage of gear essential to vessel orwatercraft operation.

(2) Private floating recreation facilities,including boat mooring facilities shall not beconstructed or used for human habitation orin a manner which gives the appearance ofconverting Federal public property on whichthe facility is located to private, exclusiveuse. New docks with enclosed sides (i.e. boat-houses) are prohibited.

(3) No private floating facility will exceedthe minimum size required to moor the own-er’s boat or boats plus the minimum size re-quired for an enclosed storage locker of oars,life preservers and other items essential towatercraft operation. Specific size limita-tions may be established in the projectShoreline Management Plan.

(4) All private floating recreation facilitiesincluding boat mooring facilities will be con-structed in accordance with plans and speci-fications, approved by the resource manager,or a written certification from a licensed en-gineer, stating the facility is structurallysafe will accompany the initial submission ofthe plans and specifications.

(5) Procedures regarding permits for indi-vidual facilities shall also apply to permitsfor non-commercial group mooring facilities.

(6) Facilities attached to the shore shall besecurely anchored by means of mooringswhich do not obstruct the free use of theshoreline, nor damage vegetation or othernatural features. Anchoring to vegetation isprohibited.

(7) Electrical service and equipment lead-ing to or on private mooring facilities mustnot pose a safety hazard nor conflict withother recreational use. Electrical installa-tions must be weatherproof and meet all cur-rent applicable electrical codes and regula-tions. The facility must be equipped withquick disconnect fittings mounted above the

flood pool elevation. All electrical installa-tions must conform to the National ElectricCode and all state, and local codes and regu-lations. In those states where electriciansare licensed, registered, or otherwise cer-tified, a copy of the electrical certificationmust be provided to the resource managerbefore a Shoreline Use Permit can be issuedor renewed. The resource manager will re-quire immediate removal or disconnection ofany electrical service or equipment that isnot certified (if appropriate), does not meetcode, or is not safely maintained. All newelectrical lines will be installed under-ground. This will require a separate real es-tate instrument for the service right-of-way.Existing overhead lines will be allowed, aslong as they meet all applicable electricalcodes, regulations and above guidelines, toinclude compatibility and safety related tofluctuating water levels.

(8) Private floating recreation facilitieswill not be placed so as to interfere with anyauthorized project purposes, including navi-gation, or create a safety or health hazard.

(9) The district commander or his/her au-thorized representative may place specialconditions on the permit when deemed nec-essary. Requests for waivers of shorelinemanagement plan permit conditions basedon health conditions will be reviewed on acase by case basis by the Operations Man-ager. Efforts will be made to reduce onerousrequirements when a limiting health condi-tion is obvious or when an applicant providesa doctor’s certification of need for conditionswhich are not obvious.

(10) Vegetation modification, including butnot limited to, cutting, pruning, chemicalmanipulation, removal or seeding by privateindividuals is allowed only in those areasdesignated as Limited Development Areas orProtected Shoreline Areas. An existing (as ofJuly 1, 1987) vegetation modification permit,within a shoreline allocation which normallywould not allow vegetation modification,should be grandfathered. Permittees will notcreate the appearance of private ownershipof public lands.

(11) The term of a permit for vegetationmodification will be for five years. Wherepossible, such permits will be consolidatedwith other shoreline management permitsinto a single permit. The district commanderis authorized to issue vegetation modifica-tion permits of less than five years for one-time requests or to aid in the consolidationof shoreline management permits.

(12) When issued a permit for vegetativemodification, the permittee will delineatethe government property line, as surveyedand marked by the government, in a clearbut unobtrusive manner approved by the dis-trict commander and in accordance with theproject Shoreline Management Plan and theconditions of the permit. Other adjoiningowners may also delineate the common

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36 CFR Ch. III (7–1–01 Edition)§ 327.30

boundary subject to these same conditions.This delineation may include, but is not lim-ited to, boundary plantings and fencing. Thedelineation will be accomplished at no costto the government.

(13) No permit will be issued for vegetationmodification in Protected Shoreline Areasuntil the environmental impacts of the pro-posed modification are assesed by the re-source manager and it has been determinedthat no significant adverse impacts will re-sult. The effects of the proposed modifica-tion on water quality will also be consideredin making this determination.

(14) The original of the completed permitapplication is to be retained by the per-mittee. A duplicate will be retained in theresource manager’s office.

3. Permit Revocation

Permits may be revoked by the districtcommander when it is determined that thepublic interest requires such revocation orwhen the permittee fails to comply withterms and conditions of the permit, theShoreline Management Plan, or of this regu-lation. Permits for duck blinds and ice fish-ing shelters will be issued to cover a periodnot to exceed 30 days prior to and 30 daysafter the season.

4. Removal of Facilities

Facilities not removed when specified inthe permit or when requested after termi-nation or revocation of the permit will betreated as unauthorized structures pursuantto 36 CFR 327.20.

5. Posting of Permit Number

Each district will procure 5″×8″ or largerprinted permit tags of light metal or plasticfor posting. The permit display tag shall beposted on the facility and/or on the land areacovered by the permit, so that it can be vis-ually checked, with ease in accordance withinstructions provided by the resource man-ager. Facilities or activities permitted underspecial provisions should be identified in away that will set apart from other facilitiesor activities.

APPENDIX B TO § 327.30—APPLICATION FORSHORELINE USE PERMIT [RESERVED]

APPENDIX C TO § 327.30—SHORELINE USEPERMIT CONDITIONS

1. This permit is granted solely to the ap-plicant for the purpose described on the at-tached permit.

2. The permittee agrees to and does herebyrelease and agree to save and hold the Gov-ernment harmless from any and all causes ofaction, suits at law or equity, or claims ordemands or from any liability of any naturewhatsoever for or on account of any damagesto persons or property, including a permitted

facility, growing out of the ownership, con-struction, operation or maintenance by thepermittee of the permitted facilities and/oractivities.

3. Ownership, construction, operation, useand maintenance of a permitted facility aresubject to the Government’s navigation ser-vitude.

4. No attempt shall be made by the per-mittee to forbid the full and free use by thepublic of all public waters and/or lands at oradjacent to the permitted facility or to un-reasonably interfere with any authorizedproject purposes, including navigation inconnection with the ownership, construc-tion, operation or maintenance of a per-mitted facility and/or activity.

5. The permittee agrees that if subsequentoperations by the Government require an al-teration in the location of a permitted facil-ity and/or activity or if in the opinion of thedistrict commander a permitted facility and/or activity shall cause unreasonable obstruc-tion to navigation or that the public interestso requires, the permittee shall be required,upon written notice from the district com-mander to remove, alter, or relocate the per-mitted facility, without expense to the Gov-ernment.

6. The Government shall in no case be lia-ble for any damage or injury to a permittedfacility which may be caused by or resultfrom subsequent operations undertaken bythe Government for the improvement ofnavigation or for other lawful purposes, andno claims or right to compensation shall ac-crue from any such damage. This includesany damage that may occur to private prop-erty if a facility is removed for noncompli-ance with the conditions of the permit.

7. Ownership, construction, operation, useand maintenance of a permitted facility and/or activity are subject to all applicable Fed-eral, state and local laws and regulations.Failure to abide by these applicable laws andregulations may be cause for revocation ofthe permit.

8. This permit does not convey any prop-erty rights either in real estate or material;and does not authorize any injury to privateproperty or invasion of private rights or anyinfringement of Federal, state or local lawsor regulations, nor does it obviate the neces-sity of obtaining state or local assent re-quired by law for the construction, oper-ation, use or maintenance of a permitted fa-cility and/or activity.

9. The permittee agrees to construct thefacility within the time limit agreed to onthe permit issuance date. The permit shallbecome null and void if construction is notcompleted within that period. Further, thepermittee agrees to operate and maintainany permitted facility and/or activity in amanner so as to provide safety, minimize

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Corps of Engineers, Army, DoD § 327.30

any adverse impact on fish and wildlife habi-tat, natural, environmental, or cultural re-sources values and in a manner so as to min-imize the degradation of water quality.

10. The permittee shall remove a permittedfacility within 30 days, at his/her expense,and restore the waterway and lands to a con-dition accepted by the resource managerupon termination or revocation of this per-mit or if the permittee ceases to use, operateor maintain a permitted facility and/or ac-tivity. If the permittee fails to comply to thesatisfaction of the resource manager, the dis-trict commander may remove the facility bycontract or otherwise and the permitteeagrees to pay all costs incurred thereof.

11. The use of a permitted boat dock facil-ity shall be limited to the mooring of thepermittee’s vessel or watercraft and the stor-age, in enclosed locker facilities, of his/hergear essential to the operation of such vesselor watercraft.

12. Neither a permitted facility nor anyhouseboat, cabin cruiser, or other vesselmoored thereto shall be used as a place ofhabitation or as a full or part-time residenceor in any manner which gives the appearanceof converting the public property, on whichthe facility is located, to private use.

13. Facilities granted under this permitwill not be leased, rented, sub-let or providedto others by any means of engaging in com-mercial activity(s) by the permittee or his/her agent for monetary gain. This does notpreclude the permittee from selling totalownership to the facility.

14. Floats and the flotation material for alldocks and boat mooring buoys shall be fab-ricated of materials manufactured for ma-rine use. The float and its flotation materialshall be 100% warranted for a minimum of 8years against sinking, becoming water-logged, cracking, peeling, fragmenting, orlosing beads. All floats shall resist punctureand penetration and shall not be subject todamage by animals under normal conditionsfor the area. All floats and the flotation ma-terial used in them shall be fire resistant.Any float which is within 40 feet of a linecarrying fuel shall be 100% impervious towater and fuel. The use of new or recycledplastic or metal drums or non-compartmen-talized air containers for encasement orfloats is prohibited. Existing floats are au-thorized until it or its flotation material isno longer serviceable, at which time it shallbe replaced with a float that meets the con-ditions listed above. For any floats installedafter the effective date of this specification,repair or replacement shall be required whenit or its flotation material no longer per-forms its designated function or it fails tomeet the specifications for which it wasoriginally warranted.

15. Permitted facilities and activities aresubject to periodic inspection by authorizedCorps representatives. The resource manager

will notify the permittee of any deficienciesand together establish a schedule for theircorrection. No deviation or changes from ap-proved plans will be allowed without priorwritten approval of the resource manager.

16. Floating facilities shall be securely at-tached to the shore in accordance with theapproved plans by means of moorings whichdo not obstruct general public use of theshoreline or adversely affect the natural ter-rain or vegetation. Anchoring to vegetationis prohibited.

17. The permit display tag shall be postedon the permitted facility and/or on the landareas covered by the permit so that it can bevisually checked with ease in accordancewith instructions provided by the resourcemanager.

18. No vegetation other than that pre-scribed in the permit will be damaged, de-stroyed or removed. No vegetation of anykind will be planted, other than that specifi-cally prescribed in the permit.

19. No change in land form such as grading,excavation or filling is authorized by thispermit.

20. This permit is non-transferable. Uponthe sale or other transfer of the permittedfacility or the death of the permittee andhis/her legal spouse, this permit is null andvoid.

21. By 30 days written notice, mailed to thepermittee by certified letter, the districtcommander may revoke this permit when-ever the public interest necessitates suchrevocation or when the permittee fails tocomply with any permit condition or term.The revocation notice shall specify the rea-sons for such action. If the permittee re-quests a hearing in writing to the districtcommander through the resource managerwithin the 30-day period, the district com-mander shall grant such hearing at the ear-liest opportunity. In no event shall the hear-ing date be more than 60 days from the dateof the hearing request. Following the hear-ing, a written decision will be rendered anda copy mailed to the permittee by certifiedletter.

22. Notwithstanding the conditions cited incondition 21 above, if in the opinion of thedistrict commander, emergency cir-cumstances dictate otherwise, the districtcommander may summarily revoke the per-mit.

23. When vegetation modification on theselands is accomplished by chemical means,the program will be in accordance with ap-propriate Federal, state and local laws, rulesand regulations.

24. The resource manager or his/her au-thorized representative shall be allowed tocross the permittee’s property, as necessaryto inspect facilities and/or activities underpermit.

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36 CFR Ch. III (7–1–01 Edition)§ 327.31

25. When vegetation modification is al-lowed, the permittee will delineate the gov-ernment property line in a clear, but unob-trusive manner approved by the resourcemanager and in accordance with the projectShoreline Management Plan.

26. If the ownership of a permitted facilityis sold or transferred, the permittee or newowner will notify the Resource Manager ofthe action prior to finalization. The newowner must apply for a Shoreline Use Permitwithin 14 days or remove the facility and re-store the use area within 30 days from thedate of ownership transfer.

27. If permitted facilities are removed forstorage or extensive maintenance, the re-source manager may require all portions ofthe facility be removed from public property.

APPENDIX D TO § 327.30—PERMIT [RESERVED]

[55 FR 30697, July 27, 1990, as amended at 57FR 21895, May 26, 1992; 57 FR 29220, July 1,1992; 63 FR 35828, July 1, 1998]

EFFECTIVE DATE NOTE: The amendment to§ 327.30 revising the last sentence of para-graph (k), published at 56 FR 29587, June 28,1991, was deferred indefinitely. See 56 FR49706, Oct. 1, 1991. The administrativecharges contained in § 327.30, Shoreline Man-agement on Civil Works Projects, publishedin the July 1, 1991 edition of the Code of Fed-eral Regulations will remain in effect. Anyfuture decisions affecting this regulationwill be published in the FEDERAL REGISTER

at a later date by the Corps of Engineers, De-partment of the Army. For the convenienceof the user, the rule published on June 28,1991, at FR page 29587, is set forth as follows:

§ 327.30 Shoreline Management on CivilWorks Projects.

* * * * *

(k) * * * The Fee Schedule is published in§ 327.31.

§ 327.31 Shoreline management feeschedule.

A charge will be made for ShorelineUse Permits to help defray expenses as-sociated with issuance and administra-tion of the permits. As permits becomeeligible for renewal after July 1, 1976, acharge of $10 for each new permit and a$5 annual fee for inspection of floatingfacilities will be made. There will be noannual inspection fee for permits forvegetative modification on Shorelineareas. In all cases the total administra-tive charge will be collected initially

at the time of permit issuance ratherthan on a piecemeal annual basis.

[56 FR 61163, Dec. 2, 1991; 56 FR 65190, Dec. 16,1991]

PART 328—REGULATION OF SEA-PLANE OPERATIONS AT CIVILWORKS WATER RESOURCE DE-VELOPMENT PROJECTS ADMINIS-TERED BY THE CHIEF OF ENGI-NEERS

Sec.328.1 Purpose.328.2 Applicability.328.3 References.328.4 Policy.328.5 Guidelines for seaplane use of project

waters.328.6 Procedures.328.7 Other authorities.

AUTHORITY: Sec. 4 of the Act of Dec. 22,1944, 58 Stat. 889, as amended, (16 U.S.C.460d).

SOURCE: 42 FR 59076, Nov. 15, 1977, unlessotherwise noted.

§ 328.1 Purpose.This regulation, in connection with

the modification of the present prohi-bition of seaplane operations by theamendment to § 327.4 of title 36 of theCode of Federal Regulations, is de-signed to provide uniform policies andcriteria for designating Corps projects,or portions thereof, at which seaplaneoperations are prohibited or restricted;and to continue to protect the integ-rity and all authorized uses of suchprojects and the safety of users of suchprojects. As used in this regulation,projects or Corps projects means waterresources development projects admin-istered by the Chief of Engineers.

§ 328.2 Applicability.This regulation is applicable to all

Field Operating Agencies having CivilWorks responsibilities.

§ 328.3 References.(a) Title 36 CFR, part 327, Rules and

Regulations Governing Public Use ofWater Resource Development ProjectsAdministered by the Chief of Engineers(38 FR 7552, March 23, 1973).

(b) ER 1105–2–507.(c) ER 1130–2–400.

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Corps of Engineers, Army, DoD § 328.6

(d) ER 1145–2–301.(e) ER 1145–2–303.(f) ER 1165–2–400.(g) ER 405–2–800 Series.

§ 328.4 Policy.(a) The objective of Corps of Engi-

neers resources management is tomaximize public enjoyment and use ofthe lands, waters, forests, and associ-ated recreational resources, consistentwith their aesthetic and biological val-ues. Such management includes effortsto preserve and enhance the environ-mental amenities that are the sourceof the recreational value associatedwith the project and to allow suchother new and innovative uses of theprojects that are not detrimentalthereto.

(b) Seaplane operations at water re-source development projects adminis-tered by the Chief of Engineers may in-volve hazards including, but not lim-ited to, conflicting recreational activi-ties, floating debris, and underwaterhazards, which may be accentuated bythe normal fluctutations of water lev-els.

(c) Seaplane operations may be pro-hibited or restricted at such water re-source development projects, or por-tions thereof, for a variety of manage-ment reasons. Prohibiting or restrict-ing seaplane operations in certain por-tions within a project in no way im-plies that safety hazards to seaplaneoperations or to other recreation usersmay not exist in other portions of suchproject.

(d) The operation of a seaplane atCorps projects is at the risk of theplane’s owner, operator, and pas-senger(s). The responsibility to ascer-tain whether seaplane operations arepermitted, prohibited or restricted atsuch projects, and portions thereof, isincumbent upon the person(s) contem-plating the use of, or using, such wa-ters.

§ 328.5 Guidelines for seaplane use ofproject waters.

(a) All operations of the aircraftwhile upon the water shall be in ac-cordance with the marine rules of theroad for power boats or vessels.

(b) Seaplanes on project waters andlands in excess of 24 hours shall be se-

curely moored at mooring facilitiesand at locations permitted by the Dis-trict Engineer. Seaplanes may be tem-porarily moored on project waters andlands, except in areas prohibited by theDistrict Engineer, for periods less than24 hours providing that—

(1) The mooring is safe, secure, andaccomplished so as not to damage therights of the government or membersof the public and

(2) The operator remains in the vicin-ity of the seaplane and reasonablyavailable to relocate the seaplane ifnecessary.

(c) No commercial operation of sea-planes from project waters will be al-lowed without written approval of theDistrict Engineer following consulta-tion with and the necessary clearancefrom the Federal Aviation Administra-tion (FAA) and other appropriate pub-lic authorities and affected interests.

(d) Seaplanes may not be operated atCorps projects between sunset and sun-rise unless adequate lighting and su-pervision are available.

(e) Requests for public commercialfacilities in support of seaplanes willbe handled under normal concessionpolicies.

(f) Permits for floating and non-floating structures of any kind, in, on,or affecting project waters, under themanagement of the Resource Manager,including waters under lease, license orother outgrant agreement, shall behandled in accordance with the lake-shore management plan or policystatement for the project involved,§ 327.19 of title 36, Code of Federal Reg-ulations and, where required by statuteor regulation, section 10 of the Riverand Harbor Act (approved March 3,1899) and section 404 of the FederalWater Pollution Control Act of 1972(Pub. L. 92–500).

(g) Appropriate signs should be em-ployed to inform users of projects, orportions thereof, where seaplane oper-ations are permitted.

§ 328.6 Procedures.

(a) In order to protect the integrityand all authorized uses of Corpsprojects and the safety of all users ofthe lake projects, the District Engineershall:

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36 CFR Ch. III (7–1–01 Edition)§ 328.6

(1) Examine and investigate eachCorps project within his district whicha seaplane operator could conceivablyattempt to use for seaplane operations,and determine those projects, or por-tions thereof, in which seaplane oper-ations should be prohibited.

(2) Establish such restrictions on sea-plane operations as he deems necessaryor desirable in accordance with theseregulations for other areas. Seaplanetakeoff and landing maneuvers withinspecified distances of the shoreline,bridges, causeways, water utility cross-ings, dams, and similar structuresshould be prohibited.

(3) Prior to concluding any such ex-amination and investigation, consultwith the FAA, appropriate State aero-nautical agency, lessee or licensee ofoutgranted lands, the Coast Guard, andstate boating law administrators, anduse his best efforts to consult withother interested or affected public au-thorities and private interests for theirguidance, particularly for thoseprojects which are regularly used bythe public for recreational purposes orare located in the vicinity of activelyused airports, air fields, or densely pop-ulated areas. News releases, public no-tice, and congressional liaison shouldbe used. Public hearings are encour-aged.

(4) In making his investigation, ex-amination, and determination, con-sider environmental factors in accord-ance with the National EnvironmentalPolicy Act of 1969 (NEPA), Pub. L. 91–190—particularly should he considerthe impact that seaplane operationsmay have on the safety at the project,aquatic, fish and wildlife, noise levels,recreation, and air and water quality.Prior to concluding such investigationand examination, he shall prepare anenvironmental impact assessment(EIA) and, if necessary, an environ-mental impact statement (EIS) assess-ing the environmental impacts of per-mitting seaplanes to operate at theprojects, or portions thereof, in his dis-trict.

(5) Place on Corps maps, brochuresand otherwise adequately apprise thepublic and interested agencies ofprojects, or portions thereof, whereseaplane operations are prohibited orrestricted. Each map, brochure, or

other notice should clearly indicatethat operation of a seaplane at Corpsprojects is at the risk of the plane’sowner, operator, and/or passenger(s).

(6) Notify the FAA by letter ofprojects, or portions thereof, whereseaplane operations are prohibited orrestricted. The letter should use thewords ‘‘seaplane operations prohib-ited,’’ or ‘‘seaplane operations re-stricted,’’ describe the geographical lo-cation of such areas as precisely as pos-sible, describe any restrictions, includea telephone number for FAA to contactthe District, and be sent to: FederalAviation Administration, Area TrafficService, Flight Services Division(AAT–432), 800 Independence AvenueSW., Washington, DC 20591.

(b) The removal of the present prohi-bition on seaplane operations will beeffective one year from the date of pub-lication of these regulations. The Dis-trict Engineer should complete the ex-amination, investigation, determina-tion and notification to the FAA ofprojects, or portions thereof, whereseaplane operations are prohibited orrestricted, within one year from thedate of this regulation. The DistrictEngineer may extend the present pro-hibition for up to one additional year ifhe cannot complete his examination,investigation, determination, and noti-fication within one year. In such event,he should notify the FAA by letter andpublish other appropriate notices. Anyfurther extension of time will requirethe approval of the Chief of Engineers.

(c) After he has completed his exam-ination, investigation, determinationand notification of the FAA of projects,or portions thereof where seaplane op-erations will be prohibited or re-stricted, The District Engineer shouldperiodically reevaluate his determina-tion as additional operational data be-comes available. He may modify, de-lete, or add projects, or portions there-of, where seaplane operations are pro-hibited or restricted. Except where im-mediate action is required, he shouldconsult with appropriate public au-thorities and private interests for theirguidance with regard to such actions.Notification of these actions shall beforwarded to the FAA as indicated inparagraph (a)(6) of this section.

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Corps of Engineers, Army, DoD § 330.5

§ 328.7 Other authorities.

Nothing in the preceding provisionsbestows authority to deviate fromrules and regulations or prescribedstandards of the State AeronauticalAgency, Federal Aviation Administra-tion, Coast Guard, or other appropriateFederal, state, or local authority.

PART 330—REGULATION OF LAWENFORCEMENT SERVICES CON-TRACTS AT CIVIL WORKS WATERRESOURCE PROJECTS ADMINIS-TERED BY THE CHIEF OF ENGI-NEERS

Sec.330.1 Purpose.330.2 Applicability.330.3 References.330.4 General.330.5 Policy.330.6 Criteria.330.7 Funding.330.8 Annual report.

AUTHORITY: Sec. 120 of the Water ResourceDevelopment Act of 1976, 90 Stat. 2917.

SOURCE: 42 FR 61986, Dec. 8, 1977, unlessotherwise noted.

§ 330.1 Purpose.

This regulation provides policy andguidance for the establishment andmanagement of the contract law en-forcement program including prepara-tion of and management of contractsensuing from this program.

§ 330.2 Applicability.

This regulation is applicable to allfield operating agencies having respon-sibilities for Civil Works water re-source development projects.

§ 330.3 References.

(a) Section 4 of the Flood Control Actof 1944, as amended (16 U.S.C. 460d).

(b) Section 234 of the River and Har-bor and Flood Control Act of 1970 (Pub.L. 91–611, 84 Stat. 1818).

(c) Section 120 of the Water ResourceDevelopment Act of 1976 (Pub. L. 94–587, 90 Stat. 2917).

(d) 36 CFR chapter III.(e) ER 190–2–3.(f) ER 190–3–4.

§ 330.4 General.

(a) Section 120(a) of reference§ 330.3(c) authorizes the Secretary ofthe Army, acting through the Chief ofEngineers, to contract with States andtheir political subdivisions for the pur-pose of obtaining increased law en-forcement services at water resourcedevelopment projects under the juris-diction of the Secretary of the Army tomeet needs during peak visitation peri-ods.

(b) Further, section 120(b) of the Actauthorizes a maximum appropriationof up to $6,000,000 per fiscal year for thefiscal years ending 30 September 1978and 30 September 1979, to carry out sec-tion 120(a).

§ 330.5 Policy.

(a) It is the policy of the Corps of En-gineers to provide, to the extent of itsauthorities, a safe and healthful envi-ronment for public use of lands and wa-ters at Civil Works water resource de-velopment projects. To insure this safeand healthful environment, and to aug-ment the citation authorities grantedto the Corps of Engineers by reference§ 330.3(b), District Engineers, subject tothe authority of the Division Engi-neers, as set out below, are hereby del-egated the authority to contract withStates or their political subdivisions toobtain increased law enforcement serv-ices at Civil Works water resource de-velopment projects. Division Engineersare hereby delegated the authority toapprove any minor deviations from thisregulation except that any substantialdeviations from the policies expressedwithin this regulation will require theprior approval of the Chief of Engineersor his authorized representative. Anyrequired approval for deviation shall bemade prior to the execution of the con-tract. When fiscal year 1978 and fiscalyear 1979 work allowances are issued,instructions will be furnished on re-porting requirements and the controlof expenditures.

(b) Contracts for law enforcementservices, as authorized in § 330.5(a),shall be subject to the terms and condi-tions as provided for within this regu-lation and in accordance with standardcontracting and accounting proceduresapplicable to the Corps of Engineers.

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36 CFR Ch. III (7–1–01 Edition)§ 330.6

(c) This regulation is not intended todiminish or otherwise limit the exist-ing law enforcement responsibilities ofthe State or local law enforcementagencies.

(d) Contract law enforcement per-sonnel shall not be given Federal cita-tion authority for enforcement of regu-lations contained in title 36 of the Codeof Federal Regulations, Chapter III norshall they be empowered to enforcesuch regulations. These regulationsshall remain the responsibility of theCorps of Engineers.

(e) Contracts for increased law en-forcement shall be for those projects orportions of projects that are operatedand maintained by the Corps of Engi-neers. Law enforcement services willnot be provided under this program tothose outgrant areas operated andmaintained by a non-Federal sponsor.

§ 330.6 Criteria.(a) In order to provide reimburse-

ment for law enforcement services sup-plied by a State or local law enforce-ment agency, a contract must be exe-cuted and approved in accordance withthis regulation prior to the provisionsof such services.

(b) The authorized contract law en-forcement program extends only to 30September 1979. Law enforcement serv-ices acquired by contract under thisprogram shall be limited to those in-creased law enforcement services re-quired to meet the needs of the publicduring peak visitation periods. Accord-ingly, the contract period shall not ex-tend beyond the dates of 1 Aprilthrough 30 September inclusive, and inno event shall the contract be writtenfor more than 120 days within thattime period. The contract may providefor an option to renew for a similar, ad-ditional period not to exceed 120-dayperiod in Fiscal Year 1979. Any excep-tions to this criteria must be approvedby the Chief of Engineers or his author-ized representative.

(c) Contracts shall be consummatedonly with those public law enforcementagencies legally empowered to enforceState and local criminal and civil lawswithin their respective political juris-dictions. In light of this requirementand the authority cited in § 330.3(c), itis recognized that sole source negotia-

tions may necessarily be utilized in theprocurement of these services. In nego-tiating law enforcement contracts withthese agencies the District Engineermust determine the reasonableness ofthe price for the law enforcement serv-ices offered under the contract. Such adetermination shall be made prior toexecution of the contract, in accord-ance with the applicable Contract CostPrinciples and Procedures as set out inASPR, section 15, part 7, and as subjectto the policies contained in this regula-tion. Such a determination shall becontained in the official contract fileand must accompany any requests fordeviations from the Division Engineeror Chief of Engineers as provided for in§ 330.5(a) of this regulation. Contractlaw enforcement personnel must meetall the qualifications, including mini-mal law enforcement training, requiredby State and local laws and regula-tions.

(d) The contractor shall provide allpersonnel, equipment and supplieswhich are required to provide the in-creased law enforcement services con-tracted for by the District Engineer.The Corps of Engineers shall not reim-burse the contractor for the purchaseof any equipment or supplies desired bythe contractor for use under this pro-gram. However, the Corps of Engineersshall reimburse the contractor for thereasonable costs incurred by him in therental or use of such equipment whichis allocated to the work performed byhim under the contract. Such use shallinclude:

(1) A depreciation or use allowancefor such equipment as determined bythe service life evaluation system usedby the contractor, and (2) the costs ofnecessary maintenance, repair, and up-keep of the property which neitheradds to the permanent value of theproperty nor appreciably prolongs itsintended life, but keeps it at an effi-cient operating condition.

(e) Reimbursement for law enforce-ment services shall be considered onlyfor increased law enforcement servicesto meet needs during peak visitationperiods. Each District Engineer shallevaluate and establish a normal lawenforcement service standard for eachcontract situation and include suchstandard in the plan of operation to be

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Corps of Engineers, Army, DoD § 330.6

developed in accordance with § 330.6(h).Each District Engineer shall evaluatethe existing law enforcement servicesnow being provided by State or locallaw enforcement agencies at thosewater resources projects or recreationareas where it is anticipated that lawenforcement service contracts may beexecuted, and determine the scope in-cluding the type and amount, of lawenforcement service which exceeds thenormal law enforcement standard, andwhich will become eligible for reim-bursement under the contract. Nor-mally, requests by the District Engi-neer or his authorized representativefor emergency or unanticipated law en-forcement assistance will be considerednonreimbursable. Increased law en-forcement services, eligible for reim-bursement under the terms of the con-tract, shall be those regularly sched-uled patrols or surveillance in excess ofthe normal law enforcement standardpresently being provided by the con-tractor.

(f) An appropriate orientation pro-gram will be given by Corps personnelto all contract law enforcement per-sonnel assigned to Corps projects. Thepurpose of this orientation will be tofamiliarize the contract law enforce-ment personnel with the policies andprocedures of the Corps of Engineers,and to familiarize Corps personnel withthe functions and duties of the State orlocal law enforcement agency. TheCorps of Engineers shall reimburse thecontractor for the cost per man hour asset out in § 330.6(h)(4) for attending theorientation program.

(g) The contractor shall be requiredto keep a record of the services pro-vided to the District under the termsand conditions of the contract in ac-cordance with the criteria establishedin the plan of operation required in§ 330.6(h).

(h) The District Engineer, in coopera-tion with the Contractor, shall preparea Plan of Operation for the Provision oflaw enforcement services as an attach-ment to the contract. The Plan of Op-eration shall contain, but not nec-essarily be limited to, the following in-formation:

(1) Identify, by name and location,the project or projects and specific

areas (recreation and others) that re-quire law enforcement services.

(2) Describe the normal law enforce-ment services to be provided by theContractor without reimbursement bythe Government (see § 330.6(e)). Identifytime of day, number of hours-per-daynumber of days-per-week, and the num-ber of patrols.

(3) Describe the increased law en-forcement services to be provided bythe Contractor under the contract.Identify the time-of-day, number ofhours-per-day, number of days-per-week, number of patrols, manpower perpatrol, and effective starting and end-ing dates.

(4) Identify the cost-per-man-hour forthe provision of reimbursable law en-forcement services, and identify thecosts for utilization and operation,maintenance and repair of such equip-ment as allocated for use under thecontract. (See § 330.6(d).)

(5) The District Engineer and theContractor should designate specificindividuals to issue or receive requestsfor reimbursable law enforcement serv-ices under the contract.

(6) Describe the billing procedures tobe utilized for the increased law en-forcement services. The Contractorshall provide, at a minimum, the totalcharges, the number of hours involved,and starting and ending dates of thebilling period.

(7) The Contractor shall prepare aDaily Law Enforcement Log (see§ 330.6(g) for the law enforcement serv-ices rendered as specified in§ 330.6(h)(3)). These logs shall be com-piled by the Contractor and submittedto the District Engineer or his des-ignated representative on a regularbasis throughout the life of the con-tract. It is intended by this reportingrequirement to minimize the paper-work burden on behalf of the Con-tractor while, at the same time, pro-viding assurance to the Governmentwith an adequate information base onwhich to administer the law enforce-ment services being provided under thecontract. Any requirement for addi-tional information to be contained inthese reports due to unique or specialcircumstances encountered in negoti-ating a Plan of Operation with a par-ticular law enforcement jurisdiction

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36 CFR Ch. III (7–1–01 Edition)§ 330.7

must receive the prior approval of theDivision Engineer.

§ 330.7 Funding.(a) Section 330.3(c) sets forth the

maximum authorized funds for law en-forcement contracting in FY 1978 andFY 1979. The Division funding levels forFY 1978 are based on information aspreviously submitted.

(b) The FY 1979 funding request forlaw enforcement contracting will besubmitted as part of the FY 1979 budgetsubmittal.

§ 330.8 Annual report.(RCS–DAEN–CWO–53) The Division

Engineer will submit a consolidatedannual report to reach HQDA (DAEN–CWO–R) WASH DC 20314 not later than30 October. This requirement expires 30October 1979. The report will containthe following:

(a) Districts reporting.(b) Number assigned each contract.(c) Name of projects covered under

each contract.(d) Number of man-hours of increased

law enforcement services providedunder each contract.

(e) Total contract cost.(f) Cost per man-hour for each con-

tract.(g) Corps of Engineers administrative

or overhead costs associated with eachcontract.

(h) Number of arrests and type of of-fense committed, i.e., assault, bur-glary, auto theft, etc.

(i) The Division Engineers assess-ment of the effects of the contract lawenforcement program and rec-ommendation.

PART 331—REGULATIONS GOV-ERNING THE PROTECTION, USEAND MANAGEMENT OF THEFALLS OF THE OHIO NATIONALWILDLIFE CONSERVATION AREA,KENTUCKY AND INDIANA

Sec.331.1 Applicability and scope.331.2 Policy.331.3 Hunting and trapping.331.4 Fishing.331.5 Explosives and fireworks.331.6 Public property.331.7 Sanitation.

331.8 Picnicking.331.9 Camping.331.10 Swimming.331.11 Special events.331.12 Vehicles.331.13 Vessels.331.14 Aircraft.331.15 Fires.331.16 Interference with government em-

ployees.331.17 Minerals.331.18 Restrictions.331.19 Commercial activities.331.20 Advertisement.331.21 Unauthorized structures.331.22 Abandonment of personal property.331.23 Control of animals.331.24 Permits.331.25 Violation of regulations.

AUTHORITY: Pub. L. 97–137.

SOURCE: 48 FR 40720, Sept. 9, 1983, unlessotherwise noted.

§ 331.1 Applicability and scope.

(a) The regulations contained in thispart apply to those lands and waterswithin the established boundary of theFalls of the Ohio National WildlifeConservation Area (WCA). Included inthis boundary, which was published inthe FEDERAL REGISTER of August 12,1982, are publicly and privately ownedlands, waters and improvements. TheFederal Government, acting throughthe Corps of Engineers, will acquiresuch rights to privately-owned prop-erties in the WCA as are necessary tocarry out the purposes of title II, Pub.L. 97–137. The regulations prescribedherein are for the use, managementand protection of the resources of theWCA and all persons entering, using orvisiting within the boundaries of theWCA are subject to these regulations.All other applicable Federal, State andlocal laws and regulations remain infull force and effect. The District Engi-neer, US Army Corps of Engineers, ex-ercises non-exclusive jurisdiction overthe lands and waters of the WCA andenforces these regulations.

(b) The WCA boundary encompassesan existing hydroelectric generatingstation and the McAlpine Locks andDam, operating navigation structureswhich are part of the authorized OhioRiver Navigation System. The contin-ued operation and maintenance of this

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Corps of Engineers, Army, DoD § 331.7

system take precedence over the pur-poses of the WCA, except that such op-eration and maintenance will be con-sistent with the basic purpose of theWCA as regards prohibition of hunting,vandalism, and dumping of refuse.Management of the WCA to achieve itsintended purposes will, to the extentpracticable, be accomplished in a man-ner consistent and compatible withcontinued generation of electricity andnavigation on the Ohio River, includ-ing operation and maintenance of theMcAlpine Locks and Dam and the Lou-isville Repair Station and materialstorage areas located on ShippingportIsland.

§ 331.2 Policy.(a) It is the policy of the Secretary of

the Army, acting through the Chief ofEngineers, to manage the natural andcultural resources of the WCA in thepublic interest, providing the publicwith safe and healthful recreational op-portunities while protecting and en-hancing these resources.

(b) Unless otherwise indicated herein,the term District Engineer shall includethe authorized representatives of theDistrict Engineer.

(c) The WCA shall be available to thepublic without regard to sex, race,color, creed or national origin. No les-see, licensee or concessionaire pro-viding a service to the public shall dis-criminate against any person becauseof sex, race, creed, color, or nationalorigin in the conduct of the operationsunder the lease, license, or concessioncontract.

§ 331.3 Hunting and trapping.Unless authorized in writing by the

District Engineer:(a) The hunting, trapping, catching,

molesting, killing, or having in posses-sion any wild animal or bird, or takingthe eggs of any such bird, is prohibited.

(b) Possession of equipment (includ-ing, but not limited to, firearms, am-munition, traps, projectile firing de-vices including bow and arrow) whichcould be used for hunting, trapping, orthe taking of wildlife, is prohibited.

§ 331.4 Fishing.Unless otherwise authorized in writ-

ing by the District Engineer:

(a) Fishing is only permitted in ac-cordance with the laws and regulationsof the State within whose exteriorboundaries that portion of the WCA islocated, and such laws and regulationswhich are now or may hereafter be ineffect are hereby adopted as part ofthese regulations.

(b) Fishing by means of the use ofdrugs, poisons, explosives, bow andarrow or electricity is prohibited.

(c) Commercial fishing and fishingwith gill nets, trammel nets, hoop nets,bow and arrow or trot lines is prohib-ited.

§ 331.5 Explosives and fireworks.

Unless otherwise authorized in writ-ing by the District Engineer.

(a) The possession or use of fireworksis prohibited.

(b) The possession or use of explo-sives is prohibited.

§ 331.6 Public property.

Unless otherwise authorized in writ-ing by the District Engineer, the de-struction, injury, defacement, removal,or any alteration of public property in-cluding, but not limited to natural for-mations, paleontological features, his-torical and archaeological features andvegetative growth is prohibited. Anysuch destruction, removal, or alter-ation of public property shall be in ac-cordance with the conditions of anypermission granted.

§ 331.7 Sanitation.

(a) Garbage, trash, rubbish, litter, orany other waste material or waste liq-uid generated on the WCA shall be re-moved from the area or deposited in re-ceptacles provided for that purpose.The improper disposal of such wasteswithin the boundaries of the WCA isprohibited.

(b) The use of refuse containers forthe disposal of refuse not generated onthe WCA is prohibited.

(c) It is a violation to bring any ma-terial onto the WCA for the purpose ofdisposal.

(d) The discharge or placing of sew-age, galley waste, garbage, refuse orpollutants into the WCA waters fromany vessel or watercraft is prohibited.

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36 CFR Ch. III (7–1–01 Edition)§ 331.8

§ 331.8 Picnicking.(a) Picnicking is permitted only in

designated areas.(b) Picnickers shall remove all per-

sonal equipment and clean their sitesupon departure.

§ 331.9 Camping.Camping is not permitted within the

WCA.

§ 331.10 Swimming.Swimming is prohibited unless au-

thorized in writing by the District En-gineer.

§ 331.11 Special events.(a) Special events including, but not

limited to, water carnivals, boat regat-tas, music festivals, dramatic presen-tations, or other special recreation pro-grams are prohibited unless writtenpermission has been granted by theDistrict Engineer.

(b) The public shall not be chargedany fee by the sponsor of such per-mitted event unless the District Engi-neer has approved in writing the pro-posed schedule of fees. The District En-gineer shall have authority to revokepermission and require removal of anyequipment upon failure of the sponsorto comply with terms and conditions ofthe permit/permission. Any violationshall constitute a separate violationfor each calendar day in which it oc-curs.

§ 331.12 Vehicles.(a) The use of a vehicle off roadways

is prohibited except as may be author-ized by the District Engineer.

(b) Vehicles shall not be parked inviolation of any posted restriction, orin such a manner as to endanger anyFederal property to include naturalfeatures. The owner of any vehicleparked in violation of this section shallbe presumed to have parked it, and un-less rebutted such presumption will besufficient to sustain a conviction asprovided for in § 331.25.

(c) Vehicles shall be operated in ac-cordance with all posted regulations.

(d) Driving or operating any vehiclein a careless, negligent, or recklessmanner, heedlessly or in willful dis-regard for the safety of other persons,

or in such manner as to endanger anyproperty or environmental feature, orwithout due care or at a speed greaterthan is reasonable and prudent underprevailing conditions with regard totraffic, weather, road, light and surfaceconditions, is prohibited.

(e) This section pertains to all vehi-cles, including, but not limited to,automobiles, trucks, motorcycles,minibikes, trail bikes, snowmobiles,dune buggies, all terrain vehicles, bicy-cles, trailers, campers, or any othersuch equipment.

(f) Except as authorized by the Dis-trict Engineer, no person shall operateany motorized vehicle without a properand effective exhaust muffler, or withan exhaust muffler cutout open, or inany other manner which renders theexhaust muffler ineffective in mufflingthe sound of engine exhaust.

§ 331.13 Vessels.

(a) Vessels or other watercraft maybe operated in the WCA waters exceptin prohibited or restricted areas in ac-cordance with posted regulations andapplicable Federal, State and locallaws.

(b) All vessels when not in actual useshall be removed from the WCA unlesssecurely moored at mooring facilitiesapproved by the District Engineer. Theplacing of floating or stationary moor-ing facilities to, or interfering with, abuoy, channel marker, or other naviga-tional aid is prohibited.

(c) The operation of vessels or otherwatercraft in a careless, negligent, orreckless manner so as to endanger anyproperty (including the operator and/oruser(s) of the vessel or watercraft) isprohibited.

§ 331.14 Aircraft.

(a) The operation of aircraft on WCAlands and waters is prohibited, unlessauthorized in writing by the DistrictEngineer.

(b) Except in extreme emergenciesthreatening human life or serious prop-erty loss, the air delivery of any personor thing by parachute, helicopter, orother means onto project lands or wa-ters without written permission of theDistrict Engineer is prohibited.

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Corps of Engineers, Army, DoD § 331.22

(c) The provisions of this sectionshall not be applicable to aircraft en-gaged on official business of the Fed-eral Government or used in emergencyrescue in accordance with the direc-tions of the District Engineer.

§ 331.15 Fires.

Open fires are prohibited unless con-fined to fireplaces, grills, or other fa-cilities designed for this purpose asdesignated by the District Engineer.Fires shall not be left unattended andmust be completely extinguished priorto departure.

§ 331.16 Interference with governmentemployees.

Interference with any Governmentemployee in the conduct of his or herofficial duties pertaining to the admin-istration of these regulations is prohib-ited. It is a violation to fail to complywith a lawful order directed by anyGovernment employee or to knowinglygive any false, fictitious, or fraudulentreport or other information to any gov-ernment employee in the performanceof his or her official duties pertainingto the administration of these regula-tions.

§ 331.17 Minerals.

All activities in connection withprospecting, exploration, development,mining or other removal or the proc-essing of mineral resources and all usesreasonably incident thereto are prohib-ited.

§ 331.18 Restrictions.

The District Engineer may establishand post a schedule of visiting hoursand/or restrictions on the public use ofa portion or portions of the WCA. TheDistrict Engineer may close or restrictthe use of the WCA or portion of theWCA when necessitated by reason ofpublic health, public safety, security,maintenance, or other reasons in thepublic interest. Entering or using theproject in a manner which is contraryto the schedule of visiting hours, clo-sure or restrictions is prohibited.

§ 331.19 Commercial activities.

Unless otherwise authorized in writ-ing by the District Engineer, the en-

gaging in or solicitation of business ormoney is prohibited.

§ 331.20 Advertisement.

Unless otherwise authorized in writ-ing by the District Engineer, adver-tising by the use of billboards, signs,markers, audio devices, or any othermeans whatsoever including handbills,circulars, and posters is prohibited.Vessels or vehicles withsemipermanent or permanently in-stalled signs are exempt if being usedfor authorized recreational activitiesor special events and in compliancewith all other rules and regulationspertaining to vessels and vehicles.

§ 331.21 Unauthorized structures.

The construction, placing, or contin-ued existence of any structure of anykind under, upon, in, or over WCAlands or waters is prohibited unless apermit, lease, license, or other appro-priate written agreement therefor hasbeen issued by the District Engineer.Structures not so authorized are sub-ject to summary removal or impound-ment by the District Engineer. The de-sign, construction, placing, existence,or use of structures in violation of theterms of the permit, lease, license, orother written agreement therefor isprohibited.

§ 331.22 Abandonment of personalproperty.

(a) Personal property of any kind leftunattended upon WCA lands or watersfor a period of 24 hours shall be consid-ered abandoned and may be impoundedand stored at a storage point des-ignated by the District Engineer whomay assess a reasonable impoundmentfee. Such fee shall be paid before theimpounded property is returned to itsowner.

(b) If abandoned property is notclaimed by its owner within 3 monthsafter the date it is received at the stor-age point designated by the DistrictEngineer, it may be disposed of by pub-lic or private sale or by other meansdetermined by the District Engineer.Any net proceeds from the sale of prop-erty shall be conveyed unto the Treas-ury of the United States as miscella-neous receipts.

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36 CFR Ch. III (7–1–01 Edition)§ 331.23

§ 331.23 Control of animals.(a) No person shall bring or allow

horses, cattle, or other livestock in theWCA.

(b) No person shall bring dogs, cats,or other pets into the WCA unlesspenned, caged, or on a leash under 6feet in length, or otherwise under phys-ical restraint at all times. Unclaimedor unattended animals are subject toimmediate impoundment and removalin accordance with State and locallaws.

§ 331.24 Permits.It shall be a violation of these regula-

tions to refuse to or fail to complywith the terms or conditions of anypermit isued by the District Engineer.

§ 331.25 Violation of regulations.

Anyone violating the provisions ofthis regulation shall be subject to afine of not more than $500 or imprison-ment for not more than 6 months, orboth. All persons designated by theChief of Engineers, U.S. Army Corps ofEngineers, for that purpose shall havethe authority to issue a citation forthe violation of these regulations, re-quiring the appearance of any personcharged with violation to appear beforethe U.S. Magistrate within whose juris-diction the violation occurred.

PARTS 332—399 [RESERVED]

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