The following
rules and regulations, published in the Federal Register of February 11, 2000,
and amended on May 5, 2000, govern the public use of water resources development
projects administered by the Chief of Engineers. Visitors are bound by these
Title 36 regulations.
Title 36 – Parks, Forests, and
Public Property
CHAPTER III – U.S. ARMY CORPS OF ENGINEERS
PART 327 – RULES AND REGULATIONS GOVERNING PUBLIC USE OF
WATER RESOURCES DEVELOPMENT PROJECTS ADMINISTERED BY
THE CHIEF OF ENGINEERS
Section
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
Sturctures.
327.21 Special Events.
327.22 Unauthorized Occupation.
327.23 Recreation Use
Fees.
327.24 Interference
with Government Employees.
327.25 Violation of
Rules and Regulations
327.26 State and Local
Laws.
327.27 (Reserved).
327.28 (Reserved).
327.29 (Reserved).
327.30 Lakeshore
Management on Civil Works Projects.
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 covered in this
Part 327 shall be applicable to water resources development projects, completed
or under construction, administered by the Chief of Engineers, and to those
portions of jointly administered water resources development projects which are
under the administrative jurisdiction of the Chief of Engineers. ALL OTHER
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS REMAIN IN FULL FORCE AND EFFECT
WHERE APPLICABLE TO THOSE WATER RESOURCES DEVELOPMENT PROJECTS.
It is the policy of the
Secretary of the Army, acting through the Chief of Engineers, to manage the
natural, cultural and developed resources of each project in the public
interest, providing the public with safe and healthful recreational
opportunities while protecting and enhancing these resources.
(b) Unless otherwise indicated herein, the term “District
Commander” shall include the authorized representatives of the District
Commander.
(c) The term “project” or “water resources development
project” refers to the water areas of any water resources development
project administered by the Chief of Engineers, without regard to ownership of
underlying land, to all lands owned in fee by the Federal Government and to all
facilities therein or thereon of any such water resources development project.
(d) All water resources development projects open for public use shall be
available to the public without regard to sex, race, color, creed, age,
nationality or place of origin. No lessee, licensee, or concessionaire providing
a service to the public shall discriminate against any person because of sex,
race, creed, color, age, nationality or place of origin in the conduct of the
operations under the lease, license or concession contract.
(e) In addition to the regulations in this Part 327, all applicable
Federal, state and local laws and regulations remain in full force and effect on
project lands or waters which are outgranted by the District Commander by lease,
license or other written agreement.
(f) The regulations in this Part 327 shall be deemed to apply to those
lands and waters which are subject to treaties and Federal laws and regulations
concerning the rights of Indian Nations and which lands and waters are
incorporated, in whole or in part, within water resources development projects
administered by the Chief of Engineers, to the extent that the regulations
in this Part 327 are not inconsistent with such treaties and Federal laws and
regulations.
(g) Any violation of any section of this Part 327 shall constitute a
separate violation for each calendar day in which it occurs.
(h) For the purposes of this Part 327, the operator of any vehicle,
vessel or aircraft as described in this part shall be presumed to be responsible
for its use on project property. In the event where an operator cannot be
determined, the owner of the vehicle, vehicle, or aircraft, 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 purposes of this part 327, the registered user of a campsite,
picnic area, or other facility shall be presumed to be responsible for its use.
Unless proven otherwise, such presumption will be sufficient to issue a citation
for the violation of regulations applicable to the use of such vehicle, vessel
or aircraft as provided for in Section 327.25.
(a)
This section pertains to all vehicles, including, but not limited to,
automobiles, trucks, motorcycles, mini-bikes, snowmobiles, dune buggies,
all-terrain vehicles, and trailers, campers, bicycles or any other such
equipment.
(b) Vehicles shall not be parked in violation of posted restrictions and
regulations, or in such a manner as to obstruct or impede normal or emergency
traffic movement or the parking of other vehicles, create a safety hazard, or
endanger any person, 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 roadways is
prohibited except at locations and times designated by the District Commander.
Taking any vehicle through, around or beyond a restrictive sign, recognizable
barricade, fence or traffic control barrier is prohibited.
(d) Vehicles shall be operated 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 posted.
(g) Except as authorized by the District Commander, no person shall
operate any motorized vehicle without a proper and effective exhaust muffler as
defined by state and local laws, or with an exhaust muffler cutout open, or in
any other manner which renders the exhaust muffler ineffective in muffling the
sound of engine exhaust.
(h) Vehicles shall be operated in accordance with applicable Federal,
state and local laws, which shall be regulated by authorized enforcement
officials as prescribed in Sec. 327.26.
(a)
This section pertains to all vessels or watercraft, including, but not limited
to, powerboats, cruisers, houseboats, sailboats, rowboats, canoes, kayaks,
personal watercraft, and any other such equipment capable of navigation on water
or ice, whether in motion or at rest.
(b) The placement and/or operation of any vessel or watercraft for a fee
or profit upon project waters or lands is prohibited except as authorized by
permit, lease, license, or concession contract with the Department of the Army.
This paragraph shall not apply to the operation of commercial tows or passenger
carrying vessels not based at a Corps project which utilize project waters as a
link in continuous transit over navigable waters of the United States.
(c) Vessels or other watercraft may be operated on the project waters,
except in prohibited or restricted areas, in accordance with posted regulations,
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 equipment,
including personal flotation devices, on board in compliance with U.S. Coast
Guard boating safety requirements and in compliance with boating safety laws
issued and enforced by the state in which the vessel is being operated. Owners
or operators of vessels not in compliance with this section may be requested to
remove the vessel immediately from project waters until such time as items of
non-compliance be corrected.
(f) Unless otherwise permitted by Federal, state or local law, vessels or
other watercraft, while moored in commercial facilities, community or corporate
docks, or at any fixed or permanent mooring point, may only be used for
overnight occupancy when such use in incidental to recreational boating. Vessels
or other watercraft are not to be used as a place of habitation or residence.
(g) Water skis, parasails, ski-kites and similar devices are permitted in
nonrestricted areas except that they may not be used in a careless, negligent,
or reckless manner so as to endanger any person, property or environmental
feature.
(h) Vessels shall not be attached or anchored to structures such as
locks, dams, buoys or other structures unless authorized by the District
Commander. All vessels when not in actual use shall be removed from project
lands and waters unless securely moored or stored at designated areas approved
by the District Commander. The placing of floating or stationary mooring
facilities on, adjacent to, or interfering with a buoy, channel marker or other
navigational aid is prohibited.
(i) The use at a project of any vessel not constructed or maintained in
compliance with the standards and requirements established by the Federal Safe
Boating Act of 1971 (Public Law 92-75, 85 Stat. 213), or promulgated pursuant to
such act, is prohibited.
(j) Except as authorized by the District Commander, no person shall
operate any vessel or watercraft without a proper and effective exhaust muffler
as defined by state and local laws, or with an exhaust muffler cutout open, or
in any other manner which renders the exhaust muffler ineffective in muffling
the sound of engine exhaust.
(k) All vessels or other watercraft shall be operated in accordance with
applicable Federal, state and local laws, which shall be regulated by authorized
enforcement officials as prescribed in Sec. 327.26.
(a)
This section pertains to all aircraft including, but not limited 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 provision shall
not be applicable to aircraft engaged on official business of Federal, state or
local governments or law enforcement agencies, aircraft used in emergency rescue
in accordance with the directions of the District Commander or aircraft forced
to land due to circumstances beyond the control of the operator.
(c) No person shall operate any aircraft while on or above project waters
or project lands in a careless, negligent or reckless manner so as to endanger
any person, property or environmental feature.
(d) Nothing in this section bestows authority to deviate from rules and
regulations or prescribed standards of the appropriate State Aeronautical
Agency, or the Federal Aviation Administration, including, but not limited to,
regulations and standards concerning pilot certifications or ratings, and
airspace requirements.
(e) Except in extreme emergencies threatening human life or serious
property loss, the air delivery 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 this
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
(pursuant to Part 328 of this title) are
prohibited. The responsibility to ascertain whether seaplane
operations are prohibited or restricted is
incumbent upon the person(s) contemplating the use of,
or using, such waters.
(3) All operations of seaplanes while upon
project waters shall be in accordance with U. S. Coast Guard rules
for power boats or vessels and Sec. 327.3.
(4) Seaplanes on project waters and lands
in excess of 24 hours shall be securely moored at mooring
facilities and at locations permitted by the
District Commander. Seaplanes may be temporarily
moored on project waters and lands, except in
areas prohibited by the District Commander, for
periods less than 24 hours providing:
(i) the mooring is safe, secure, and
accomplished so as not to damage the rights of the Government or members of the
public, and
(ii) the operator remains in the vicinity
of the seaplane and reasonably available to relocate the seaplane if necessary.
(5) Commercial operation of seaplanes from
project waters is prohibited without written approval of
the District Commander following consultation with
and necessary clearance from the Federal
Aviation Administration (FAA) and other
appropriate public authorities and affected interests.
(6) Seaplanes may not be operated at Corps
projects between sunset and sunrise unless approved
by the District Commander.
(a)
Swimming, wading, snorkeling or scuba diving at one’s own risk is
permitted, except at launching sites, designated mooring points and public
docks, or other areas so designated by the District Commander.
(b) An international diver down, or inland diving flag must be displayed
during underwater activities.
(c) Diving, jumping or swinging from trees, bridges or other structures
which cross or 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-consecutive-day period is
prohibited without the written permission of the District Commander.
(c) The unauthorized placement of camping equipment or other items on a
campsite and/or personal appearance without overnight occupancy at a campsite
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 prohibited.
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 Sec. 327.26.
(a)
Garbage, trash, rubbish, litter, gray water or any other waste material or waste
liquid generated on the project and incidental to authorized recreational
activities shall be either removed from the project or deposited in receptacles
provided for that purpose. The improper disposal of such wastes, human and
animal waste included, on the project is prohibited.
(b) It is a violation to bring onto a project any household or commercial
garbage, trash, rubbish, debris, dead animals or litter of any kind for disposal
or dumping without the written permission of the District Commander. For the
purpose of this regulation, the owner of any garbage, trash, rubbish, debris,
dead animals or litter of any kind shall be presumed to be responsible for
proper disposal. Such presumption will be sufficient to issue a citation for
violation.
(c) The spilling, pumping 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 litter during the
period of occupancy and shall remove all personal equipment and clean their
sites upon departure.
(e) The discharge or placing of sewage, galley waste, garbage, refuse, or
pollutants into the project waters
from any vessel or watercraft is prohibited.
(a) Gasoline
and other fuels, except that which is contained in storage tanks of vehicles,
vessels, camping equipment, or hand portable containers designed for such
purpose, shall not be carried onto or stored on the project without written
permission of the District Commander.
(b) Fires shall be confined to those areas designated by the District
Commander, and shall be contained in fireplaces, grills, or other facilities
designated for this purpose. Fires shall not be left unattended and must be
completely extinguished prior to departure. The burning of materials that
produce toxic fumes, including, but not limited to, tires, plastic and other
floatation materials or treated wood products is prohibited. The District
Commander may prohibit outdoor burning of any type for environmental
considerations.
(c) Improper disposal of lighted smoking materials, matches or other
burning material is prohibited.
(a)
No person shall bring or allow dogs, cats 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 animals to impede or
restrict otherwise full and free use of project lands and waters by the public.
No person shall allow animals to bark or emit other noise which unreasonably
disturbs other people. Animals and pets, except properly trained animals
assisting 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 any animal on project lands or waters is
prohibited. Unclaimed or unattended animals are subject to immediate impoundment
and removal in accordance with state and local laws.
(b) Persons bringing or allowing pets in designated public use areas
shall be responsible for proper removal and disposal, in sanitary facilities, of
any waste produced by these animals.
(c) No person shall bring or allow horses, cattle, or other livestock in
camping, picnicking, swimming or other recreation areas except in areas
designated by the District Commander.
(d) Ranging, grazing, watering or allowing livestock on project lands and
waters is prohibited except when authorized by lease, license or other written
agreement with the District Commander.
(e) Unauthorized livestock are subject to impoundment and removal in
accordance with Federal, state and local laws.
(f) Any animal impounded under the provisions of this section may be
confined at a location designated by the District Commander, who may assess a
reasonable impoundment fee. This fee shall be paid before the impounded animal
is returned to its owner(s).
(g) Wild or exotic pets and animals (including but not limited to
cougars, lions, bears, bobcats, wolves, and snakes), or any pets or animals
displaying vicious or aggressive behavior or otherwise 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.
(a)
The District Commander may establish and post a schedule of visiting hours
and/or restrictions on the public use of a project or portion of a project. The
District Commander may close or restrict the use of a project or portion of a
project when necessitated by reason of public health, public safety,
maintenance, resource protection or other reasons in the public interest.
Entering or using a project in a manner which is contrary to the schedule of
visiting hours, closures or restrictions is prohibited.
(b) Quiet shall be maintained in all public use areas between the hours
of 10 p.m. and 6 a.m., or those hours designated by the District Commander.
Excessive noise during such times which unreasonably disturbs persons is
prohibited.
(c) Any act or conduct by any person which interferes with, impedes or
disrupts the use of the project or impairs the safety of 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 any
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 projectile firing devices,
bows and arrows, crossbows, or other weapons is prohibited unless:
(1) in the possession of a Federal, state or local law enforcement
officer;
(2) being used for hunting or fishing as permitted under Section 327.8,
with devices being unloaded when transported to, from
or between hunting and fishing sites;
(3) being used at authorized shooting ranges; or
(4) written permission has been received from the District Commander.
(b) Possession of explosive or explosive devices of any kind, including
fireworks or other pyrotechnics, is prohibited unless
written permission 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 with written permission of the District Commander.
(b) Cutting or gathering of trees or parts of trees and/or the removal of
wood from project lands is prohibited without written permission of the District
Commander.
(c) Gathering of dead wood on the ground for use in designated recreation
areas as firewood is permitted, unless prohibited and posted by the District
Commander
(d) The use of metal detectors is permitted on designated beaches or
other previously disturbed areas unless prohibited by the District Commander for
reasons of protection of archaeological, historical or paleontological
resources. Specific information regarding metal detector policy and designated
use areas is available at the 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 hours, or at any time after a
posted closure hour in a public use area or for the purpose of providing public
safety or resource protection, unattended personal property shall be presumed to
be abandoned and may be impounded and stored at a storage point designated by
the District Commander, who may assess a reasonable impoundment fee. Such fee
shall be paid before the impounded property is returned to its owner.
(b) Personal property placed on Federal lands or waters adjacent to a
private residence, facility and/or developments of any private nature for more
than 24 hours without permission of the District Commander shall be presumed to
have been abandoned and, unless proven otherwise, such presumption will be
sufficient to impound property and/or issue a citation as provided for in Sec.
327.25.
(c) The District Commander shall, by public or private sale or otherwise,
dispose of all lost, abandoned or unclaimed personal property that comes into
Government custody or control. However, property may not be disposed of until
diligent effort has been made to find the owner, heirs, next of kin or legal
representative(s). If the owner, heirs, next of kin or legal representative(s)
are determined but not found, the property may not be disposed of until the
expiration of 120 days after the date when notice, giving the time and place of
the intended sale or other disposition, has been sent by certified or registered
mail to that person at the last known address. When diligent efforts to
determine the owner, heirs, next of kin or legal representative(s) are
unsuccessful, the property may be disposed of without delay except that if it
has a fair market value of $100 or more the property may not be disposed of
until 90 days after the date it is received at the storage point designated by
the District Commander. The net proceeds from the sale of property shall be
covered into the Treasury of the United States as
miscellaneous receipts.
327.16 Lost
and Found Articles.
All articles found shall be
deposited by the finder at the Resource Manager’s office or with a ranger. All
such articles shall be disposed of in accordance with the procedures set forth
in Sec. 327.15.
(a) Advertisement
and the distribution of printed matter is allowed within project land and waters
provided that a permit to do so has been issued by the District Commander and
provided that this activity is not solely commercial advertising.
(b) An application for such a permit shall set forth the name of the
applicant, the name of the organization (if any), the date, time, duration and
location of the proposed advertising or the distribution of printed matter, the
number of participants, and any other information required by the permit
application form. Permit conditions and procedures are available from the
District Commander.
(c) Vessels and Vehicles with semipermanent or permanent painted or
installed signs are exempt as long as they are used for authorized recreational
activities and comply with all other rules and regulations pertaining to vessels
and vehicles.
For permit terms and conditions see Federal Register, Volume 65, No. 88, May
5, 2000, page 26137 or 327.17
(complete)
(a)
The engaging in or solicitation of business without the express written
permission of the District Commander is prohibited.
(b) It shall be a violation of this part to refuse to or fail to comply
with any terms, clauses or conditions of any lease, license, or agreements
issued by the District Commander.
(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 permit issued under the
provisions of this Part 327.
(b) Permits for floating structures (issued under the authority of Sec.
327.30) of any kind on/in waters of water resource development projects, whether
or not such waters are deemed navigable waters of the United States but where
such waters are under the management of the Corps of Engineers, shall be issued
at the discretion of the District Commander under the authority of this section.
District Commanders will delineate those portions of the navigable waters of the
United States where this provision is applicable and post notices of this
designation in the vicinity of the appropriate Manager’s office.
(c) Permits for non-floating structures (issued under the authority of
Sec. 327.30) of any kind constructed, placed in or affecting waters of water
resource development projects where such are deemed navigable waters of the U.S.
shall be issued under the provisions of section 10 of the Rivers and Harbors Act
approved March 3, 1899 (33 U.S.C. 403). If a discharge of dredged or fill
material into any water of the United States is involved, a permit is required
under Section 404 of the Clean Water Act (33 U.S.C. 1344) (See 33 CFR Parts 320
through 330).
(d) Permits for non-floating structures (issued under the authority of
Sec. 327.30) of any kind in waters of water resource development projects, where
such waters are under the management of the Corps of Engineers and where such
waters are not deemed navigable waters of the United States, shall be issued as
set forth in paragraph (b) of this section. If a discharge of dredged or fill
material into any water of the United States is involved, a permit is required
under Section 404 of the Clean Water Act (33 U.S.C. 1344) (See 33 CFR Parts 320
through 330). Water quality may be required pursuant to Section 401 of the Clean
Water Act (33 U.S.C. 1341).
(e) Shoreline Use Permits to authorize private shoreline use facilities,
activities or development (issued under the authority of Sec. 327.30) may be
issued in accordance with the project Shoreline Management Plan. Failure to
comply with the permit conditions issued under Section 327.30 is prohibited.
327.20
Unauthorized Structures.
The construction, placement, or
existence of any structure (including, but not limited to, roads, trails, signs,
non portable hunting stands or blinds, buoys, docks, or landscape features) of
any kind under, upon, in or over the project lands, or waters is prohibited
unless a permit, lease, license or other appropriate written authorization has
been issued by the District Commander. The design, construction, placement,
existence or use of structures in violation of the terms of the permit, lease,
license or other written agreement is prohibited. The government shall not be
liable for the loss of, or damage to, any private structures, whether authorized
or not, placed on project lands or waters. Unauthorized structures are subject
to summary removal or impoundment by the District Commander. Portable hunting
stands, climbing devices, steps, or blinds, that are not nailed or screwed into
trees are removed at the end of each day may be used.
(a)
Special events, including, but not limited to, water carnivals, boat regattas,
fishing tournaments, music festivals, dramatic presentations or other special
recreation programs are prohibited unless written permission has been granted by
the District Commander. An appropriate fee may be charged under the authority of
Sec. 327.23.
(b) The public shall not be charged any fee by the sponsor of such event
unless the District Commander has approved in writing (and the sponsor has
properly posted) the proposed schedule of fees. The District Commander shall
have authority to revoke permission 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 within 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 apply to the occupation of
lands for the purpose of camping, in accordance with the 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 of 1965 (16 USC
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, facilities, equipment or
services related to outdoor recreation furnished at Federal expense.
(b) Where such fees are charged, the District Commander shall insure that
clear notice of fee requirements is prominently posted at each area, and at
appropriate locations therein and that the notice be included in publications
distributed at such areas. Failure to pay authorized recreation use fees as
established pursuant to Pub. L. 88-578, 78 Stat. 897, as amended (16 U.S.C.
460l-6a), is prohibited and is punishable by a fine of not more than $100.
(c) Failure to pay authorized day use fees, and/or properly display
applicable receipt, permit or pass is prohibited.
(d) Any Golden Age or Golden Access Passport permittee shall be entitled,
upon presentation of such a permit, to utilize special recreation facilities at
a rate of 50 percent off the established use fee at Federally operated areas.
Fraudulent use of a Golden Age or Golden Access Passport is prohibited.
327.24
Interference with Government Employees.
(a) It is a Federal crime pursuant to
the provisions of Section 111 and 1114 of Title 18, United States Code, to
forcibly assault, resist, oppose, impede, intimidate, or interfere with, attempt
to kill or kill any civilian official or employee of the U.S. Army Corps of
Engineers engaged in the performance of his or her official duties, or on
account of the performance of his or her official duties. Such actions or
interference directed against a Federal employee while carrying out the
regulations in this part are also a violation of such regulations and may be a
state crime pursuant to the laws of the state where they occur.
(b) Failure to comply with a lawful order issued by a Federal employee
acting pursuant to these regulations in this part shall be considered as
interference with that employee while engaged in the performance of their
official duties. Such interference with a Federal employee includes failure to
provide a correct name, address or other information deemed necessary for
identification upon request of the Federal employee, when that employee is
authorized by the District Commander to issue citations in the performance of
the employees official duties.
327.25
Violations of Rules and Regulations.
(a)
Any person who violates the provisions of these regulations, other than for a
failure to pay authorized recreation use fees as separately provided for in Sec.
327.23, may be punished by a fine of not more than $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, United States Code. Persons
designated by the District Commander shall have the authority to issue a
citation for violation of these regulations in this part, requiring any person
charged with the violation to appear before the United States Magistrate within
whose jurisdiction the affected water resources development project is located.
(16 USC 460d).
(b) Any person who commits an act against any official or employee of the
U.S. Army Corps of Engineers that is a crime under the provisions of section 111
or section 1114 of Title 18, United States Code or under provisions of pertinent
state law may be tried and sentenced as further provided in Federal or state
law, as the case may be.
(a)
Except as otherwise provided herein or by Federal law or regulation, state and
local laws and ordinances shall apply on project lands and waters. This
includes, but is not limited to, state and local laws and ordinances governing:
(1) Operation and use of motor
vehicles, vessels, and aircraft;
(2) Hunting, fishing and trapping;
(3) Use 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) Purpose.
The purpose of this regulation is to provide policy and guidance on the
protection of desirable environmental characteristics of Civil Works lake
projects and restoration of shorelines where degradation has occurred though
private exclusive use.
(A complete copy of Section
327.30 is available at the Resource Manager’s Office, District Office, Division
Office or from HQUSACE-CECW-ON, Wash., D.C. 20314-1000) or see below*
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 development
projects, the preceding rules and regulations have been established. Your
observance of these rules while a visitor to these projects will make your visit
and the visits of others more pleasant and enjoyable.
THIS REVISION SUPERSEDES EP
1165-2-316, May 1986
