Title 36
Code of Federal
Regulations
Foreward
The
following rules and regulations, published in the Federal Register of Febru=
ary
11, 2000, and amended on May 5, 2000, govern the public use of water resour=
ces
development projects administered by the Chief of Engineers. Visitors=
are
bound by these Title 36 regulations.
Title
36 - Parks, Forests, and Public Property
CHAPTER
III -
PART
327 - RULES AND REGULATIONS GOVERNING PUBLIC USE OF
WATER
RESOURCES DEVELOPMENT PROJECTS ADMINISTERED BY
THE
CHIEF OF ENGINEERS
Se=
ctions
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<=
span
style=3D'mso-bidi-font-size:12.0pt'>327.24 Interference with Government
Employees |
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327.11 Control of Animals<=
/span> |
327.19 Permits<= o:p> |
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327.21
Special Events |
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Authority: 16 U.S.C.
460d; 16 U.S.C. 4601-6A; Sec. 210, Pub. L. L90-483, 82 Stat 746.; 33 U.S.C.=
1,
28 Stat. 362.
The regulations co=
vered in
this Part 327 shall be applicable to water resources development projects,
completed or under construction, administered by the Chief of Engineers, an=
d to
those portions of jointly administered water resources development projects
which are under the administrative jurisdiction of the Chief of
Engineers. ALL OTHER FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS RE=
MAIN
IN FULL FORCE AND EFFECT APPLICABLE TO THOSE WATER RESOURCES DEVELOPMENT
PROJECTS.
(a) It is the policy of the Secretary of the Army, acting through =
the
Chief of Engineers, to manage the natural, cultural and developed resources=
of
each project in the public interest, providing the public with safe and
healthful recreational opportunities while protecting and enhancing those r=
esources.
(b) Unless otherwise indicated herein, the term "District
Commander" shall include the authorized representatives of the District
Commander.
(c) The term "project" or "water resources develop=
ment
project" refers to the water areas of any water resources development
project administered by the Chief of Engineers, without regard to ownership=
of
underlying land, to all lands owned in fee by the Federal Government and to=
all
facilities therein or thereon of any such water resources development proje=
ct.
(d) All water resources development projects open for public use
shall be available to the public without regard to sex, race, color, creed,
age, nationality or place of origin. No lessee, licensee, or
concessionaire providing a service to the public shall discriminate against=
any
person because of sex, race, creed, color, age, nationality or place of ori=
gin
in the conduct of the operations under the lease, license or concession
contract.
(e) In addition to the regulations in this Part 327, all applicab=
le Federal,
state and local laws and regulations remain in full force and effect on pro=
ject
lands or waters which are outgranted by the Dis=
trict
Commander by lease, license or other written agreement.
(f) The regulations in this Part 327 shall be deemed to apply to
those lands and waters which are subject to treaties and Federal laws and
regulations concerning the rights of Indian Nations and which lands and wat=
ers
are incorporated, in whole or in part, within water resources development
projects administered by the Chief of Engineers, to the extent that the
regulations in this Part 327 are not inconsistent with such treaties and
Federal laws and regulations.
(g) Any violation of any section of this Part 327 shall constitute=
a
separate violation for each calendar day in which it occurs.
(h) For the purposes of this Part 327, the operator of any vehicl=
e,
vessel, or aircraft as described in this part shall be presumed to be
responsible for its use on project property. In the event where an
operator cannot be determined, the owner of the vehicle, vessel, or aircraf=
t,
whether attended or unattended, shall be presumed to be responsible,
Unless proven otherwise, such presumption will be sufficient to issue a
citation for the violation of regulations applicable to the use of such
vehicle, vessel, or aircraft as provided for in Section 327.25
(i) For the purpose of this part 327, the
registered user of a campsite, picnic area, or other facility shall be pres=
umed
to be responsible for its use. Unless proven otherwise, such presumpt=
ion
will be sufficient to issue a citation for the violation of regulations
applicable to the use of such facilities as provided for in Section 327.25.=
(a) This section pertains to all vehicles, including, but not lim=
ited
to, automobiles, trucks, motorcycles, mini-bikes, snowmobiles, dune
buggies, all-terrain vehicles, and trailers, campers, bicycles or any other
such equipment.
(b) Vehicles shall not be parked in violation of posted restricti=
ons
and regulations, or in such a manner as to obstruct or impede normal or
emergency traffic movement or the parking of other vehicles, create a safety
hazard, or endanger any person, project property or environmental
feature, Vehicles so parked are subject to removal and impoundment at=
the
owner's expense.
(c) The operation and/or parking of a vehicle off authorized road=
ways
is prohibited except at locations and times designated by the District
Commander. Taking any vehicle through, around or beyond a restrictive
sign, recognizable barricade, fence or traffic c=
ontrol
barrier is prohibited.
(d) Vehicles shall be operated only in accordance with posted
restrictions and regulations.
(e) No person shall operate any vehicle in a careless, negligent =
or
reckless manner so as to endanger any person, property or environmental
feature.
(f) At developed recreation areas, vehicles shall be used only to
enter or leave the area or individual sites or facilities unless otherwise
noted.
(g) Except as authorized by the District Commander, no person sha=
ll operate
any motorized vehicle without a proper and effective exhaust muffler as def=
ined
by state and local laws, or with an exhaust muffler cutout open, or in any
other manner which renders the exhaust muffler ineffective in muffling the
sound of engine exhaust.
(h) Vehicles shall be operated in accordance with applicable Fede=
ral,
state and local laws, which shall be regulated by authorized enforcement
officials as prescribed in Section 327.26.
(a) This section pertains to all vessels or watercraft, including,=
but
not limited to, powerboats, cruisers, houseboats, sailboats, rowboats, cano=
es,
kayaks, personal watercraft, and any other such equipment capable of naviga=
tion
on water or ice, whether in motion or at rest.
(b) The placement and/or operation of any vessel or watercraft fo=
r a
fee or profit upon project waters or lands prohibited except as authorized =
by
permit, lease, license, or concession contract with the Department of the
Army. This paragraph shall not apply to the operation of commercial t=
ows
or passenger carrying vessels not based at a Corps project which utilize
project waters as a link in continuous transit over navigable waters of the=
(c) Vessels or other watercraft may be operated on the project
waters, except in prohibited or restricted areas, in accordance with posted
regulations, including buoys. All vessels or watercraft so required by
applicable Federal, state and local laws shall display an appropriate
registration on board whenever the vessel is on project waters.
(d) No person shall operate any vessel or other watercraft in a
careless, negligent or reckless manner so to endanger any person, property,=
or
environmental feature.
(e) All vessels, when on project waters, shall have safety equipm=
ent,
including personal flotation devices, on board in compliance with U.S. Coast
Guard boating safety requirements and in compliance with boating safety laws
issued and enforced by the state in which the vessel is being operated.&nbs=
p;
Owners or operators not in compliance with this section may be requested to
remove the vessel immediately from project waters until such time as items =
of
non-compliance be corrected.
(f) Unless otherwise permitted by Federal, state or local law,
vessels or other watercraft, while moored in commercial facilities, communi=
ty
or corporate docks, or at any fixed or permanent mooring point, may only be
used for overnight occupancy when such use is incidental to recreational
boating. Vessels or other watercraft are not to be used as a place of
habitation or residence.
(g) Water skis, parasails, ski-kites =
and
similar devices are permitted in nonrestricted =
areas
except that they may not be used in a careless, negligent, or reckless mann=
er
so as to endanger any person, property or environmental feature.
(h) Vessels shall not be attached or anchored to structures such =
as
locks, dams, buoys or other structures unless authorized by the District
Commander. All vessels when not in actual use shall be removed from
project lands and waters unless securely moored or stored at designated are=
as
approved by the District Commander. The placing of floating or statio=
nary
mooring facilities on, adjacent to, or interfering with a buoy, channel mar=
ker
or other navigational aid is prohibited.
(i) The use at a project of any vessel n=
ot
constructed or maintained in compliance with the standards and requirements
established by the Federal Safe Boating Act of 1971 (Public Law 92-75, 85 S=
tat.
213), or promulgated pursuant to such act, is prohibited.
(j) Except as authorized by the District Commander, no person sha=
ll
operate any vessel or watercraft without a proper and effective exhaust muf=
fler
as defined by state and local laws, or with an exhaust muffler cutout open,=
or
in any other manner which renders the exhaust muffler ineffective in muffli=
ng
the sound of engine exhaust.
(k) All vessels or other watercraft shall be operated in accordan=
ce
with applicable Federal, state and local laws, which shall be regulated by
authorized enforcement officials as prescribed in Section 327.26.
(a) This section pertains to all aircraft including, but not limi=
ted
to, airplanes, seaplanes, helicopters, ultralight
aircraft, motorized hang gliders, hot air balloons, any non-powered flight
devices or any other such equipment.
(b) The operation of aircraft on project lands at locations other =
than
those designated by the District Commander is prohibited. This provis=
ion
shall not be applicable to aircraft engaged on official business of Federal,
state or local governments or law enforcement agencies, aircraft used in
emergency rescue in accordance with the directions of the District Commande=
r or
aircraft forced to land due to circumstances beyond the control of the
operator.
(c) No person shall operate any aircraft while on or above project
waters or project lands in a careless, negligent or reckless manner so as to
endanger any person, property or environmental feature.
(d) Nothing in this section bestows authority to deviate from rul=
es
and regulations or prescribed standards of the appropriate State Aeronautic=
al
Agency, or the Federal Aviation Administration, including, but not limited =
to,
regulations and standards concerning pilot certifications or ratings, and
airspace requirements.
(e) Except in extreme emergencies threatening human life or serio=
us
property loss, the air delivery of any person, material or equipment by
parachute, helicopter or other means onto project lands or waters without
written permission of the District Commander is prohibited.
(f) In addition to provisions in paragraphs (a) through (e) of th=
is
section, seaplanes, as defined below, are subject to the following
restrictions:
(1) Such use is limited to aircraft utilized for
water landings and takeoff, herein called seaplanes, at the risk
of the owner, operator and passenger(s).
(2) Seaplane operations contrary to the
prohibitions or restrictions established by the District Commander (pursuan=
t to
Part 328 of this title) are prohibited. The responsibility to ascerta=
in
whether seaplane operations are prohibited or restricted is incumbent upon =
the
person(s) contemplating the use of, or using, such waters
(3) All operations of seaplanes while upon proj=
ect
waters shall be in accordance with U.S. Coast Guard rules for power boats or
vessels and Sections 327.3.
(4) Seaplanes on project waters and lands in ex=
cess
of 24 hours shall be securely moored at mooring facilities and at locations
permitted by the District Commander. Seaplanes may be temporarily moo=
red
on project waters and lands, except in areas prohibited by the District
Commander, for periods less than 24 hours providing:
(i)
(ii) the operator rem=
ains in
the vicinity of the seaplane and reasonably available to relocate the seapl=
ane
if necessary.
(5) Commercial operation of seaplanes from proj=
ect
waters is prohibited without written approval of the District Commander
following consultation with and necessary clearance from the Federal Aviati=
on
Administration (FAA) and other appropriate public authorities and affected
interests.
(6) Seaplanes may not be operated at Corps proj=
ects
between sunset and sunrise unless approved by the District Commander.
(a) Swimming, wading, snorkeling or scuba diving at one's own ris=
k is
permitted, except at launching sites, designated mooring points and public
docks, or other areas so designated by the District Commander.
(b) An international diver down, or inland diving flag must be
displayed during underwater activities.
(c) Diving, jumping or swinging from trees, bridges or other
structures which cross adjacent to project waters is prohibited.
Picnicking
and related day-use activities are permitted, except in those areas where
prohibited by the District Commander.
(a) Camping is permitted only at sites
and/or areas designated by the District Commander.
(b) Camping at one or more campsites at any one water resource
project for a period longer than 14 days during any 30-consectutive-day per=
iod
is prohibited without the written permission of the District Commander.
(c) The unauthorized placement of camping equipment or other items=
on
a campsite and/or personal appearance without overnight occupancy at a camp=
site
for the purpose of reserving a designated campsite for future occupancy is
prohibited.
(d) The digging or leveling of any ground or the construction of =
any
structure without written permission of the District Commander is prohibite=
d.
327.8 Hunting, Fishing and Trapping
(a) Hunting is permitted except in areas where prohibited by the
District Commander.
(b) Trapping is permitted except in areas where prohibited by the
District Commander.
(c) Fishing is permitted except in areas where prohibited by the
District Commander.
(d) All Federal, state and local laws governing these activities
apply on project lands and waters, and shall be regulated by authorized
enforcement officials as prescribed in Section 327.26
(a) Garbage, trash, rubbish, litter, gray water or any other waste
material or waste liquid generated on the project and incidental to authori=
zed
recreational activities shall be either removed from the project or deposit=
ed
in receptacles provided for that purpose. The improper disposal of su=
ch
wastes, human and animal waste included, on the project is prohibited.
(b) It is a violation to bring onto a project any household or
commercial garbage, trash, rubbish, debris, dead animals or litter of any k=
ind
for disposal or dumping without the written permission of the District
Commander. For the purpose of this regulation, the owner of any garba=
ge,
trash, rubbish, debris, dead animals or litter of any kind shall be presume=
d to
be responsible for proper disposal. Such presumption will be sufficie=
nt
to issue a citation for violation.
(c) The spilling, pumping or other discharge of contaminants,
pollutants or other wastes, including, but not limited to, human or animal
waste, petroleum, industrial and commercial products and by-products, on
project lands or into project waters is prohibited.
(d) Campers, picnickers, and all other persons using a water
resources development project shall keep their sites free of trash and litt=
er
during the period of occupancy and shall remove all personal equipment and
clean their sites upon departure.
(e) The discharge or placing of sewage, galley waste, garbage,
refuse, or pollutants into the project waters from any vessel is prohibited=
.
(a) Gasoline and other fuels, except that which is contained in
storage tanks of vehicles, vessels, camping equipment, or hand portable
containers designed for such purpose, shall not be carried onto or stored o=
n the
project without written permission of the District Commander.
(b) Fires shall be confined to those areas designated by the Distr=
ict
Commander, and shall be confined in fireplaces, grills, or other facilities
designed for this purpose. Fires shall not be left unattended and mus=
t be
completely extinguished prior to departure. The burning of materials =
that
produce toxic fumes, including, but not limited to, tires, plastic and
floatation materials or treated wood products is prohibited. The Dist=
rict
Commander may prohibit outdoor burning of any type for environmental
considerations.
(c) Improper disposal of lighted smoking materials, matches or ot=
her
burning material is prohibited.
(a) No person shall bring or allow dogs, cat or other pets into
developed recreation areas unless penned, caged, on a leash under 6 feet in
length, or otherwise physically restrained. No person shall allow ani=
mals
to impede or restrict otherwise full and free use of project lands and wate=
rs by
the public. No person shall allow animals to bark or emit other noise
which unreasonably disturbs other people. Animals and pets, except
properly trained animals assisting the handicapped (such as seeing-eye dogs=
),
are prohibited in sanitary facilities, playgrounds, swimming beaches and any
other areas so designated by the District Commander. Abandonment of a=
ny
animal of project lands or waters is prohibited. Unclaimed or unatten=
ded
animals are subject to immediate impoundment and removal in accordance with
state and local laws.
(b) Persons bringing or allowing pets in designated public use are=
as
shall be responsible for proper removal and disposal, in sanitary facilitie=
s,
of any waste produced by these animals.
(c) No person shall bring or allow horses, cattle, or other lives=
tock
in camping, picnicking, swimming or other recreation areas except in areas
designated by the District Commander.
(d) Ranging, grazing, watering or allowing livestock on project l=
ands
and waters is prohibited except when authorized by lease, license or other
written agreement with the District Commander.
(e) Unauthorized livestock are subject to impoundment and removal=
in
accordance with Federal, state and local laws.
(f) Any animal impounded under the provisions of this section may=
be
confined at a location designated by the District Commander, who may assess=
a
reasonable impoundment fee. This fee shall be paid before the impound=
ed
animal is returned to its owner(s).
(g) Wild or exotic pets and animals (including but not limited to=
cougars,
lions, bears, bobcats, wolves, and snakes), or any pets or animals
displaying vicious or aggressive behavior or otherwise posting a threat to
public safety or deemed a public nuisance, are prohibited from project lands
and waters unless authorized by the District Commander, and are subject to
removal in accordance with Federal, state and local laws.
327.12 Restrictions=
(a) The District Commander may establish and post a schedule of
visiting hours and/or restrictions on the public use of a project or portio=
n of
a project. The District Commander may close or restrict the use of a
project or portion of a project when necessitated by reason of public healt=
h,
public safety, maintenance, resource protection or other reasons in the pub=
lic
interest. Entering or using a project in a manner which is contrary to
the schedule of visiting hours, closures or restrictions is prohibited.
(b) Quiet shall be maintained in all public use areas between the
hours of 10 p.m. and 6 a.m., or those hours designated by the District
Commander. Excessive noise during such times which unreasonably distu=
rbs
persons is prohibited.
(c) Any act or conduct by any person which interferes with, imped=
es
or disrupts the use of the project or impairs the safety of another person =
is prohibited.
Individuals who are boisterous, rowdy, disorderly or
otherwise disturb the peace on project lands or waters may be requested to
leave the project.
(d) The operation or use of any sound producing or motorized
equipment, including but not limited to, generators, vessels or vehicles, in
such a manner as to unreasonably annoy or endanger persons at any time or
exceed state or local laws governing noise levels from motorized equipment =
is
prohibited.
(e) The possession and/or consumption of alcoholic beverages on a=
ny
portion of the project lands or waters, or the entire project, may be
prohibited when designated and posted by the District Commander.
(f) Unless authorized by the District Commander, smoking is
prohibited in Visitor Centers, enclosed Park Buildings and in areas posted =
to
restrict smoking.
327.13 Explosives, Firearms, Other Weapons and Fireworks
(a) The possession of loaded firearms, ammunition, loaded project=
ile
firing devices, bows and arrows, crossbows or other weapons is prohibited
unless:
(1) in the possessio=
n of a
Federal, state or local law enforcement officer;
(2) being used for hunting or fishing as permit=
ted
under Section 327.8, with devices being unloaded when being transported to,
from or between hunting and fishing sites;
(3) being used at
authorized shooting ranges; or
(4) written permission has be=
en
received from the District Commander.
(b) Possession of explosive or explosive devices of any kind,
including fireworks or other pyrotechnics, is prohibited unless written per=
mission
has been received from the District Commander.
(a) Destruction, injury, defacement, removal or any alteration of
public property including, but not limited to, developed facilities, natural
formations, mineral deposits, historical and archaeological features, paleontological resources, boundary monumentation
or markers and vegetative growth, is prohibited except when in accordance w=
ith
written permission of the District Commander.
(b) Cutting or gathering of trees or parts or trees and/or the
removal of wood from project lands is prohibited without written permission=
of
the District Commander.
(c) Gathering of dead wood on the ground for use in designated
recreation areas as firewood is permitted, unless prohibited and posted by =
the
District Commander.
(d) The use of metal detectors is permitted on designated beaches=
or
other previously disturbed areas unless prohibited by the District Commander
for reason of protection of archaeological, historical or paleontological
resources. Specific information regarding metal detector policy and
designated use areas is available at the Managers Office. Items found
must be handled in accordance with Sections 327.15 and 327.16 except for
non-identifiable items such as coins of value less than $25.
327.15 Abandonment and Impoundment of Personal Property=
(a) Personal property of any kind shall not be abandoned, stored =
or
left unattended upon project lands or waters. After a period of 24 ho=
urs,
or at any time after a posted closure hour in a public use area or for the
purpose of providing public safety or resource protection, unattended perso=
nal
property shall be presumed to be abandoned and may be impounded and stored =
at a
storage point designated by the District Commander, who may assess a reason=
able
impoundment fee. Such fee shall be paid before the impounded property=
is
returned to its owner.
(b) Personal property placed on Federal lands or waters adjacent =
to a
private residence, facility and/or developments of any private nature for m=
ore
than 24 hours without permission of the District Commander shall be presume=
d to
have been abandoned and, unless proven otherwise, such presumption will be
sufficient to impound property and/or issue a citation as provided for in
Section 327.25.
(c) The District Commander shall, by public or private sale or
otherwise, dispose of all lost, abandoned or unclaimed personal property th=
at
comes into Government custody or control. However, property may not be
disposed of until diligent effort has been made to find the owner, heirs, n=
ext
of kin or legal representative(s). If the owner, heirs, next of kin or
legal representative(s) are determined not to be found, the property may no=
t be
disposed of until the expiration of 120 days after the date when notice, gi=
ving
the time and place of the intended sale or other disposition, has been sent=
by
certified or registered mail to that person at the last known address.
When diligent efforts to determine the owner, heirs, next of kin or legal
representative(s) are unsuccessful, the property may be disposed of without
delay except that if it has a fair market value of $100 or more the property
may not be disposed of until 90 days after the date it is received at the
storage point designated by the District Commander. The net proceeds =
from
the sale of property shall be covered into the Treasury of the
327.16 Lost and Found Articles
All
articles found shall be deposited by the finder at the Resource Manager's
office or with a ranger. All such articles shall be disposed of in
accordance with the procedures set forth in Section 327.15.
(a) Advertisement and the distribution of printed matter is allowed
within project land and waters provided that a permit to do so has been iss=
ued
by the District Commander and provided that this activity is not solely
commercial advertising.
(b) An application for such a permit shall be set forth the name of
the applicant, the name of the organization (if any), the date, time, durat=
ion
and location of the proposed advertising or the distribution of printed mat=
ter,
the number of participants, and any other information required by the permit
application form. Permit conditions and procedures are available from=
the
District Commander.
(c) Vessels and Vehicles with semipermanent
or permanent painted or installed signs are exempt as long as they are used=
for
authorized recreational activities and comply with all other rules and
regulations pertaining to vessels and vehicles.
For permit terms and conditions see Federal Register, Volume 6=
5,
No. 88, May 5, 2000, page 26137.
(a) The engaging in or solicitation of business without the expre=
ss
written permission of the District Commander is prohibited.
(b) It shall be a violation of this part to refuse to or fail to
comply with any terms, clauses or conditions of any lease, license, or
agreements issued by the District Commander.
(a) It shall be a violation of these regulations to refuse to or =
fail
to comply with the fee requirements or other terms or conditions of any per=
mit
issued under the provisions of this Part 327.
(b) Permits for floating structures (issued under the authority of
Section 327.30) of any kind on/in waters of water resource development
projects, whether or not such waters are deemed navigable waters of the Uni=
ted
States but where such waters are under the management of the Corps of
Engineers, shall be issued at the discretion of the District Commander under
the authority of this section. District Commanders will delineate tho=
se
portions of the navigable waters of the
(c) Permits for non-floating structures (issued under the authori=
ty
of Section 372.30) of any kind constructed, placed in or affecting waters of
water resource development projects where such are deemed navigable water of
the United States shall be issued under the provisions of Section 10 of the
Rivers and Harbors Act approved March 3, 1899 (33 U.S.C. 403). If a
discharge of dredged or fill material into any water of the
(d) Permits for non-floating structures (issued under the authori=
ty
of Section 372.30) of any kind in waters of water resource development
projects, where such waters are under the management of the Corps of Engine=
ers
and where such waters are not deemed navigable waters of the United States,
shall be issued as set forth in paragraph (b) of this section. If a
discharge of dredged or fill material into any water of the
(e) Shoreline Use Permits to authorize private shoreline use
facilities, activities or development (issued under the authority of Section
327.30) may be issued in accordance with the project Shoreline Management
Plan. Failure to comply with the permit conditions issued under Secti=
on
327.30 is prohibited.
327.20 Unauthorized Structures
The
construction, placement, or existence of any structure (including, but not
limited to, roads, trails, signs, non portable hunting stands or blinds, bu=
oys,
docks, or landscape features) of any kind under, upon, in or over project l=
ands
or waters is prohibited unless a permit, lease, license or other appropriate
written authorization has been issued by the District Commander. The
design, construction, placement, existence or use of structures in violatio=
n of
the terms of the permit, lease, license or other written agreement is
prohibited. The government shall not be liable for the loss of, or da=
mage
to, any private structures, whether authorized or not, placed on project la=
nds
or waters. Unauthorized structured are subject to summary removal or
impoundment by the District Commander. Portable hunting stands, climb=
ing
devices, steps, or blinds, that are not nailed or screwed into trees are
removed at the end of each day may be used.
(a) Special events, including, but not limited to, water carnival=
s,
boat regattas, fishing tournaments, music festivals, dramatic presentations=
or
other special recreation programs are prohibited unless written permission =
has
been granted by the District Commander. An appropriate fee may be cha=
rged
under the authority of Section 327,23.
(b) The public shall not be charged any fee by the sponsor of suc=
h an
event unless the District Commander has approved in handwriting (and the
sponsor has properly posted) the proposed schedule of fees. The Distr=
ict
Commander shall have authority to revoke permission and require removal of =
any
equipment, and require restoration of an area to pre-event condition, upon
failure of the sponsor to comply with terms and conditions of the
permit/permission or the regulations in this Part 327.
327.22 Unauthorized Occupation
(a) Occupying any lands, buildings, vessels or other facilities wi=
thin
water resource development projects for the purpose of maintaining same as a
full- or part time residence without the written permission of the District
Commander is prohibited. The provisions of this section shall not app=
ly
to the occupation of lands for the purpose of camping, in accordance with t=
he
provisions of Section 327.7.
(b) Use of project lands or waters for agricultural purposes is
prohibited except when in compliance with terms and conditions authorized by
lease, license or other written agreement issued by the District Commander.=
(a) In accordance with the Land and Water Conservation Fund Act o=
f 1965
(16 U.S.C. 4601), and the Omnibus Budget Reconciliation Act of 1993, Pub. L.
103-66, the Corps of Engineers collects day use fees, special recreation use
fees and/or special permit fees for the use of specialized sites, facilitie=
s,
equipment or services related to outdoor recreation furnished at Federal
expense.
(b) Where such fees are charged, the District Commander shall ins=
ure
that clear notice of fee requirements is prominently posted at each area, a=
nd
at appropriate locations therein and that the notice be included in
publications distributed at such areas. Failure to pay authorized
recreation use fees as established pursuant to Pub. L. 88-578, 78 Stat. 897=
, as
amended (16 U.S.C. 4601-6a), is prohibited and is punishable by a fine of n=
ot
more than $100.
(c) Failure to pay authorized day use fees, and/or properly display applicable receipt, permit or pass is prohibit=
ed.
(d) Any Golden Age or Golden Access Passport permittee
shall be entitled, upon presentation of such a permit, to utilize special r=
ecreation
facilities at a rate of 50 percent off the established use fee at Federally operated areas. Fraudulent use of a Go=
lden
Age or Golden Access Passport is prohibited.
327.24 Interference with Government Employees
(a) It is a Federal crime pursuant to the provisions of Section 111
and 1114 of Title 18, United States Code, to forcibly assault, resist, oppo=
se,
impede, intimidate, or interfere with, attempt to kill or kill any civilian
official or employee of the U.S. Army Corps of Engineers engaged in the
performance of his or her official duties, or on account of the performance=
of
his or her official duties. Such actions or interference directed aga=
inst
a Federal employee while carrying out the regulations in this part are also=
a
violation of such regulations and may be a state crime pursuant to the laws=
of
the state where they occur.
(b) Failure to comply with a lawful order issued by a Federal
employee includes failure to provide a correct name, address or other
information deemed necessary for identification upon request of the Federal
employee, when that employee is authorized by the District Commander to iss=
ue
citations in the performance of the employees of=
ficial
duties.
327.25 Violation of Rules and Regulations
(a) Any person who violates the provisions of these regulations, o=
ther
than for a failure to pay authorized recreation use fees as separately prov=
ided
for in Section 327.23, may be punished by a fine of not more than $5000 or
imprisonment for not more than six months or both and may be tried and
sentenced in accordance with the provisions of Section 3401 of Title 18, Un=
ited
States Code. Persons designated by the District Commander shall have =
the
authority to issue a citation for violation of these regulations in this pa=
rt,
requiring any person charged with the violation to appear before the United
States Magistrate within whose jurisdiction the affected water resources
development project is located (16 U.S.C. 460d).
(b) Any person who commits an act against any official or employee=
of
the U.S. Army Corps of Engineers that is a crime under the provisions of
section 111 and section 1114 of Title 18, United States Code or under
provisions of pertinent state law may be tried and sentenced as further
provided in Federal or state law, as the case may be.
(a) Except as otherwise provided herein or by the Federal law or
regulation, state and local laws and ordinances shall apply on project lands
and waters. This includes, but is not limi=
ted
to, state and local laws and ordinances governing:
(1) Operation and use of motor vehicles, vessel=
s,
and aircraft;
(2) Hunting, fishing, and trapping;
(3) Use of firearms or other weapons;
(4) Civil disobedience and criminal acts;
(5) Littering, sanitation and pollution; and
(6) Alcohol or other controlled substances.
(b) These state and local laws and ordinances are enforced by those
state and local enforcement agencies established and authorized for that
purpose.
327.30 Lakeshore Management on Civil Works Projects=
(a)
(A complete copy of
Section 327.30 is available at the Resource Manager's Office, District Offi=
ce,
Division Office or from HQUSACE-CECW-ON, Wash., D.C. 20314-1000) or see bel=
ow.*
A violation of the=
provisions
of this regulation shall subject the violator to a fine of not more than
$5000.00 or imprisonment for not more than 6 months, or both.
In the interest of=
more
effective resource management and to increase the overall enjoyment of the
visitor experience available at Corps of Engineers water resources developm=
ent
projects, the preceding rules and regulations have been established. =
Your observance of these rules while a visitor to these proje=
cts
will make your visit and the visits of other s more pleasant and enjoyable.=