RULES AND REGULATIONS
GOVERNING PUBLIC USE
OF CORPS OF ENGINEERS
WATER RESOURCES DEVELOPMENT PROJECTS
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 111 -- 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 Index
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 employees.
327.25 Violations of rules and regulations.
327.26 State and local laws.
Authority: 16 U.S.C. 460d; 16 U.S.C. 4601-6a; Sec. 210, Pub. L. 90-483, 82 Stat.
746.; 33 U.S.C. 1, 28 Stat. 362.
327.0 Applicability.
The regulations covered in this part 327 shall be applicable to water resources
development projects,
completed or under construction, administered by the Chief of Engineers, and to
those portions of
jointly administered water resources development projects which are under the
administrative
jurisdiction of the Chief of Engineers. ALL OTHER FEDERAL, STATE AND LOCAL LAWS
AND
REGULATIONS REMAIN IN FULL FORCE AND EFFECT WHERE APPLICABLE TO THOSE WATER
RESOURCES DEVELOPMENT PROJECTS.
327.1 Policy.
(a) It is the policy of the Secretary of the Army, acting through the Chief of
Engineers, to manage the
natural, cultural and developed resources of each project in the public
interest, providing the public with
safe and healthful recreational opportunities while protecting and enhancing
these resources.
(b) Unless otherwise indicated in this part, the term "District Commander" shall
include the authorized
representatives of the District Commander.
(c) The term "project" or "water resources development project" refers to the
water areas of any water
resources development project administered by the Chief of Engineers, without
regard to ownership of
underlying land, to all lands owned in fee by the Federal Government and to all
facilities therein or
thereon of any such water resources development project.
(d) All water resources development projects open for public use shall be
available to the public without
regard to sex, race, color, creed, age, nationality or place of origin. No
lessee, licensee, or
concessionaire providing a service to the public shall discriminate against any
person because of sex,
race, creed, color, age, nationality or place of origin in the conduct of the
operations under the lease,
license or concession contract.
(e) In addition to the regulations in this part 327, all applicable Federal,
state and local laws and
regulations remain in full force and effect on project lands or waters which are
outgranted by the District
Commander by lease, license or other written agreement.
(f) The regulations in this part 327 shall be deemed to apply to those lands and
waters which are
subject to treaties and Federal laws and regulations concerning the rights of
Indian Nations and which
lands and waters are incorporated, in whole or in part, within water resources
development projects
administered by the Chief of Engineers, to the extent that the regulations in
this part 327 are not
inconsistent with such treaties and Federal laws and regulations.
(g) Any violation of any section of this part 327 shall constitute a separate
violation for each calendar
day in which it occurs.
(h) For the purposes of this part 327, the operator of any vehicle, vessel or
aircraft as described in this
part shall be presumed to be responsible for its use on project property. In the
event where an operator
cannot be determined, the owner of the vehicle, vessel, or aircraft, whether
attended or unattended, will
be presumed responsible. Unless proven otherwise, such presumption will be
sufficient to issue a
citation for the violation of regulations applicable to the use of such vehicle,
vessel or aircraft as
provided for in Sec. 327.25.
(i) For the purposes of this part 327, the registered user of a campsite, picnic
area, or other facility shall
be presumed to be responsible for its use. Unless proven otherwise, such
presumption will be sufficient
to issue a citation for the violation of regulations applicable to the use of
such facilities as provided for
in Sec. 327.25.
327.2 Vehicles.
(a) This section pertains to all vehicles, including, but not limited to,
automobiles, trucks, motorcycles,
mini-bikes, snowmobiles, dune buggies, all-terrain vehicles, and trailers,
campers, bicycles, or any
other such equipment.
(b) Vehicles shall not be parked in violation of posted restrictions and
regulations, or in such a manner
as to obstruct or impede normal or emergency traffic movement or the parking of
other vehicles, create
a safety hazard, or endanger any person, property or environmental feature.
Vehicles so parked are
subject to removal and impoundment at the owner's expense.
(c) The operation and/or parking of a vehicle off authorized roadways is
prohibited except at locations
and times designated by the District Commander. Taking any vehicle through,
around or beyond a
restrictive sign, recognizable barricade, fence, or traffic control barrier is
prohibited.
(d) Vehicles shall be operated in accordance with posted restrictions and
regulations.
(e) No person shall operate any vehicle in a careless, negligent or reckless
manner so as to endanger
any person, property or environmental feature.
(f) At designated recreation areas, vehicles shall be used only to enter or
leave the area or individual
sites or facilities unless otherwise posted.
(g) Except as authorized by the District Commander, no person shall operate any
motorized vehicle
without a proper and effective exhaust muffler as defined by state and local
laws, or with an exhaust
muffler cutout open, or in any other manner which renders the exhaust muffler
ineffective in muffling
the sound of engine exhaust.
(h) Vehicles shall be operated in accordance with applicable Federal, state and
local laws, which shall
be regulated by authorized enforcement officials as prescribed in Sec. 327.26.
327.3 Vessels.
(a) This section pertains to all vessels or watercraft, including, but not
limited to, powerboats, cruisers,
houseboats, sailboats, rowboats, canoes, kayaks, personal watercraft, and any
other such equipment
capable of navigation on water or ice, whether in motion or at
rest.
(b) The placement and/or operation of any vessel or watercraft for a fee or
profit upon project waters or
lands is prohibited except as authorized by permit, lease, license, or
concession contract with the
Department of the Army. This paragraph shall not apply to the operation of
commercial tows or
passenger carrying vessels not based at a Corps project which utilize project
waters as a link in
continuous transit over navigable waters of the United States.
(c) Vessels or other watercraft may be operated on the project waters, except in
prohibited or restricted
areas, in accordance with posted regulations and restrictions, including buoys.
All vessels or watercraft
so required by applicable Federal, state and local laws shall display an
appropriate registration on
board whenever the vessel is on project waters.
(d) No person shall operate any vessel or other watercraft in a careless,
negligent, or reckless manner
so as to endanger any person, property, or environmental feature.
(e) All vessels, when on project waters, shall have safety equipment, including
personal flotation
devices, on board in compliance with U.S. Coast Guard boating safety
requirements and in compliance
with boating safety laws issued and enforced by the state in which the vessel is
located. Owners or
operators of vessels not in compliance with this section may be requested to
remove the vessel
immediately from project waters until such time as items of non-compliance are
corrected.
(f) Unless otherwise permitted by Federal, state or local law, vessels or other
watercraft, while moored
in commercial facilities, community or corporate docks, or at any fixed or
permanent mooring point,
may only be used for overnight occupancy when such use is incidental to
recreational boating. Vessels
or other watercraft are not to be used as a place of habitation or residence.
(g) Water skis, parasails, ski-kites and similar devices are permitted in
nonrestricted areas except that
they may not be used in a careless, negligent, or reckless manner so as to
endanger any person,
property or environmental feature.
(h) Vessels shall not be attached or anchored to structures such as locks, dams,
buoys or other
structures unless authorized by the District Commander. All vessels when not in
actual use shall be
removed from project lands and waters unless securely moored or stored at
designated areas
approved by the District Commander. The placing of floating or stationary
mooring facilities on,
adjacent to, or interfering with a buoy, channel marker or other navigational
aid is prohibited.
(i) The use at a project of any vessel not constructed or maintained in
compliance with the standards
and requirements established by the Federal Safe Boating Act of 1971 (Pub. L.
92-75, 85 Stat. 213), or
promulgated pursuant to such act, is prohibited.
(j) Except as authorized by the District Commander, no person shall operate any
vessel or watercraft
without a proper and effective exhaust muffler as defined by state and local
laws, or with an exhaust
muffler cutout open, or in any other manner which renders the exhaust muffler
ineffective in muffling
the sound of engine exhaust.
(k) All vessels or other watercraft shall be operated in accordance with
applicable Federal, state and
local laws, which shall be regulated by authorized enforcement officials as
prescribed in Sec. 327.26.
327.4 Aircraft.
(a) This section pertains to all aircraft including, but not limited to,
airplanes, seaplanes, helicopters,
ultra-light aircraft, motorized hang gliders, hot air balloons, any non-powered
flight devices or any other
such equipment.
(b) The operation of aircraft on project lands at locations other than those
designated by the District
Commander is prohibited. This provision shall not be applicable to aircraft
engaged on official business
of Federal, state or local governments or law enforcement agencies, aircraft
used in emergency rescue
in accordance with the directions of the District Commander or aircraft forced
to land due to
circumstances beyond the control of the operator.
(c) No person shall operate any aircraft while on or above project waters or
project lands in a careless,
negligent or reckless manner so as to endanger any person, property or
environmental feature.
(d) Nothing in this section bestows authority to deviate from rules and
regulations or prescribed
standards of the appropriate State Aeronautical Agency, or the Federal Aviation
Administration,
including, but not limited to, regulations and standards concerning pilot
certifications or ratings, and
airspace requirements.
(e) Except in extreme emergencies threatening human life or serious property
loss, the air delivery or
retrieval of any person, material or equipment by parachute, balloon, helicopter
or other means onto or
from project lands or waters without written permission of the District
Commander is prohibited.
(f) In addition to the provisions in paragraphs (a) through (e) of this section,
seaplanes are subject to
the following restrictions:
(1) Such use is limited to aircraft utilized for water landings and takeoff, in
this part called seaplanes,
at the risk of owner, operator and passenger(s).
(2) Seaplane operations contrary to the prohibitions or restrictions established
by the District
Commander (pursuant to part 328 of this title) are prohibited. The
responsibility to ascertain whether
seaplane operations are prohibited or restricted is incumbent upon the person(s)
contemplating the use
of, or using, such waters.
(3) All operations of seaplanes while upon project waters shall be in accordance
with U.S. Coast
Guard navigation rules for powerboats or vessels and Sec. 327.3.
(4) Seaplanes on project waters and lands in excess of 24 hours shall be
securely moored at mooring
facilities and at locations permitted by the District Commander. Seaplanes may
be temporarily moored
on project waters and lands, except in areas prohibited by the District
Commander, for periods less
than 24 hours providing:
(i) The mooring is safe, secure, and accomplished so as not to damage the rights
of the Government
or members of the public, and
(ii) The operator remains in the vicinity of the seaplane and reasonably
available to relocate the
seaplane if necessary.
(5) Commercial operation of seaplanes from project waters is prohibited without
written approval of
the District Commander following consultation with and necessary clearance from
the Federal Aviation
Administration (FAA) and other appropriate public authorities and affected
interests.
(6) Seaplanes may not be operated at Corps projects between sunset and sunrise
unless approved
by the District Commander.
327.5 Swimming.
(a) Swimming, wading, snorkeling or scuba diving at one's own risk is permitted,
except at launching
sites, designated mooring points and public docks, or other areas so designated
by the District
Commander.
(b) An international diver down, or inland diving flag must be displayed during
underwater activities.
(c) Diving, jumping or swinging from trees, bridges or other structures which
cross or are adjacent to
project waters is prohibited.
327.6 Picnicking.
Picnicking and related day-use activities are permitted, except in those areas
where prohibited by the
District Commander.
327.7 Camping.
(a) Camping is permitted only at sites and/or areas designated by the District
Commander.
(b) Camping at one or more campsites at any one water resource project for a
period longer than 14
days during any 30-consecutive-day period is prohibited without the written
permission of the District
Commander.
(c) The unauthorized placement of camping equipment or other items on a campsite
and/or personal
appearance at a campsite without daily occupancy for the purpose of reserving
that campsite for future
occupancy is prohibited.
(d) The digging or leveling of any ground or the construction of any structure
without written permission
of the District Commander is prohibited.
(e) Occupying or placement of any camping equipment at a campsite which is
posted or otherwise
marked or indicated as "reserved" without an authorized reservation for that
site is prohibited.
327.8 Hunting, fishing, and trapping.
(a) Hunting is permitted except in areas and during periods where prohibited by
the District
Commander.
(b) Trapping is permitted except in areas and during periods where prohibited by
the District
Commander.
(c) Fishing is permitted except in swimming areas, on boat ramps or other areas
designated by the
District Commander.
(d) Additional restrictions pertaining to these activities may be established by
the District Commander.
(e) All applicable Federal, State and local laws regulating these activities
apply on project lands and
waters, and shall be regulated by authorized enforcement officials as prescribed
in Sec. 327.26.
327.9 Sanitation.
(a) Garbage, trash, rubbish, litter, gray water, or any other waste material or
waste liquid generated on
the project and incidental to authorized recreational activities shall be either
removed from the project
or deposited in receptacles provided for that purpose. The improper disposal of
such wastes, human
and animal waste included, on the project is prohibited.
(b) It is a violation to bring onto a project any household or commercial
garbage, trash, rubbish, debris,
dead animals or litter of any kind for disposal or dumping without the written
permission of the District
Commander. For the purposes of this section, the owner of any garbage, trash,
rubbish, debris, dead
animals or litter of any kind shall be presumed to be responsible for proper
disposal. Such presumption
will be sufficient to issue a citation for violation.
(c) The spilling, pumping, discharge or disposal of contaminants, pollutants or
other wastes, including,
but not limited to, human or animal waste, petroleum, industrial and commercial
products and by-products,
on project lands or into project waters is prohibited.
(d) Campers, picnickers, and all other persons using a water resources
development project shall keep
their sites free of trash and litter during the period of occupancy and shall
remove all personal
equipment and clean their sites upon departure.
(e) The discharge or placing of sewage, galley waste, garbage, refuse, or
pollutants into the project
waters from any vessel or watercraft is prohibited.
327.10 Fires.
(a) Gasoline and other fuels, except that which is contained in storage tanks of
vehicles, vessels,
camping equipment, or hand portable containers designed for such purpose, shall
not be carried onto
or stored on the project without written permission of the District Commander.
(b) Fires shall be confined to those areas designated by the District Commander,
and shall be
contained in fireplaces, grills, or other facilities designated for this
purpose. Fires shall not be left
unattended and must be completely extinguished prior to departure. The burning
of materials that
produce toxic fumes, including, but not limited to, tires, plastic and other
floatation materials or treated
wood products is prohibited. The District Commander may prohibit open burning of
any type for
environmental considerations.
(c) Improper disposal of lighted smoking materials, matches or other burning
material is prohibited.
327.11 Control of animals.
(a) No person shall bring or allow dogs, cats, or other pets into developed
recreation areas or adjacent
waters unless penned, caged, on a leash under six feet in length, or otherwise
physically restrained.
No person shall allow animals to impede or restrict otherwise full and free use
of project lands and
waters by the public. No person shall allow animals to bark or emit other noise
which unreasonably
disturbs other people. Animals and pets, except properly trained animals
assisting those with
disabilities (such as seeing-eye dogs), are prohibited in sanitary facilities,
playgrounds, swimming
beaches and any other areas so designated by the District Commander. Abandonment
of any animal
on project lands or waters is prohibited. Unclaimed or unattended animals are
subject to immediate
impoundment and removal in accordance with state and local laws.
(b) Persons bringing or allowing pets in designated public use areas shall be
responsible for proper
removal and disposal of any waste produced by these animals.
(c) No person shall bring or allow horses, cattle, or other livestock in
camping, picnicking, swimming or
other recreation areas or on trails except in areas designated by the District
Commander.
(d) Ranging, grazing, watering or allowing livestock on project lands and waters
is prohibited except
when authorized by lease, license or other written agreement with the District
Commander.
(e) Unauthorized livestock are subject to impoundment and removal in accordance
with Federal, state
and local laws.
(f) Any animal impounded under the provisions of this section may be confined at
a location designated
by the District Commander, who may assess a reasonable impoundment fee. This fee
shall be paid
before the impounded animal is returned to its owner(s).
(g) Wild or exotic pets and animals (including but not limited to cougars,
lions, bears, bobcats, wolves,
and snakes), or any pets or animals displaying vicious or aggressive behavior or
otherwise posing a
threat to public safety or deemed a public nuisance, are prohibited from project
lands and waters
unless authorized by the District Commander, and are subject to removal in
accordance with Federal,
state and local laws.
27.12 Restrictions.
(a) The District Commander may establish and post a schedule of visiting hours
and/or restrictions on
the public use of a project or portion of a project. The District Commander may
close or restrict the use
of a project or portion of a project when necessitated by reason of public
health, public safety,
maintenance, resource protection or other reasons in the public interest.
Entering or using a project in
a manner which is contrary to the schedule of visiting hours, closures or
restrictions is prohibited.
(b) Quiet shall be maintained in all public use areas between the hours of 10
p.m. and 6 a.m., or those
hours designated by the District Commander. Excessive noise during such times
which unreasonably
disturbs persons is prohibited.
(c) Any act or conduct by any person which interferes with, impedes or disrupts
the use of the project or
impairs the safety of any person is prohibited. Individuals who are boisterous,
rowdy, disorderly, or
otherwise disturb the peace on project lands or waters may be requested to leave
the project.
(d) The operation or use of any sound producing or motorized equipment,
including but not limited to
generators, vessels or vehicles, in such a manner as to unreasonably annoy or
endanger persons at
any time or exceed state or local laws governing noise levels from motorized
equipment is prohibited.
(e) The possession and/or consumption of alcoholic beverages on any portion of
the project land or
waters, or the entire project, may be prohibited when designated and posted by
the District
Commander.
(f) Unless authorized by the District Commander, smoking is prohibited in
Visitor Centers, enclosed
park buildings and in areas posted to restrict smoking.
327.13 Explosives, firearms, other weapons and fireworks.
(a) The possession of loaded firearms, ammunition, loaded projectile firing
devices, bows and arrows,
crossbows, or other weapons is prohibited unless:
(1) In the possession of a Federal, state or local law enforcement officer;
(2) Being used for hunting or fishing as permitted under 327.8, with devices
being unloaded when
transported to, from or between hunting and fishing sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District Commander.
(b) Possession of explosives or explosive devices of any kind, including
fireworks or other
pyrotechnics, is prohibited unless written permission has been received from the
District Commander.
327.14 Public property.
(a) Destruction, injury, defacement, removal or any alteration of public
property including, but not
limited to, developed facilities, natural formations, mineral deposits,
historical and archaeological
features, paleontological resources, boundary monumentation or markers and
vegetative growth, is
prohibited except when in accordance with written permission of the District
Commander.
(b) Cutting or gathering of trees or parts of trees and/or the removal of wood
from project lands is
prohibited without written permission of the District Commander.
(c) Gathering of dead wood on the ground for use in designated recreation areas
as firewood is
permitted, unless prohibited and posted by the District Commander.
(d) The use of metal detectors is permitted on designated beaches or other
previously disturbed areas
unless prohibited by the District Commander for reasons of protection of
archaeological, historical or
paleontological resources. Specific information regarding metal detector policy
and designated use
areas is available at the Manager's Office. Items found must be handled in
accordance with Sections
327.15 and 327.16 except for non-identifiable items such as coins of value less
than $25.
327.15 Abandonment and impoundment of personal property.
(a) Personal property of any kind shall not be abandoned, stored or left
unattended upon project lands
or waters. After a period of 24 hours, or at any time after a posted closure
hour in a public use area or
for the purpose of providing public safety or resource protection, unattended
personal property shall be
presumed to be abandoned and may be impounded and stored at a storage point
designated by the
District Commander, who may assess a reasonable impoundment fee. Such fee shall
be paid before
the impounded property is returned to its owner.
(b) Personal property placed on Federal lands or waters adjacent to a private
residence, facility and/or
developments of any private nature for more than 24 hours without permission of
the District
Commander shall be presumed to have been abandoned and, unless proven otherwise,
such
presumption will be sufficient to impound the property and/or issue a citation
as provided for in Sec.
327.25.
(c) The District Commander shall, by public or private sale or otherwise,
dispose of all lost, abandoned
or unclaimed personal property that comes into Government custody or control.
However, property may
not be disposed of until diligent effort has been made to find the owner, heirs,
next of kin or legal
representative(s). If the owner, heirs, next of kin or legal representative(s)
are determined but not
found, the property may not be disposed of until the expiration of 120 days
after the date when notice,
giving the time and place of the intended sale or other disposition, has been
sent by certified or
registered mail to that person at the last known address. When diligent efforts
to determine the owner,
heirs, next of kin or legal representative(s) are unsuccessful, the property may
be disposed of without
delay except that if it has a fair market value of $100 or more the property may
not be disposed of until
90 days after the date it is received at the storage point designated by the
District Commander. The net
proceeds from the sale of property shall be conveyed into the Treasury of the
United States as
miscellaneous receipts.
327.16 Lost and found articles.
All articles found shall be deposited by the finder at the Manager's office or
with a ranger. All such
articles shall be disposed of in accordance with the procedures set forth in
Sec. 327.15.
327.17 Advertisement.
(a) Advertising and the distribution of printed matter is allowed within project
land and waters provided
that a permit to do so has been issued by the District Commander and provided
that this activity is not
solely commercial advertising.
(b) An application for such a permit shall set forth the name of the applicant,
the name of the
organization (if any), the date, time, duration, and location of the proposed
advertising or the
distribution of printed matter, the number of participants, and any other
information required by the
permit application form. Permit conditions and procedures are available from the
District Commander.
(c) Vessels and vehicles with semipermanent or permanent painted or installed
signs are exempt as
long as they are used for authorized recreational activities and comply with all
other rules and
regulations pertaining to vessels and vehicles.
(d) The District Commander shall, without unreasonable delay, issue a permit on
proper application
unless:
(1) A prior application for a permit for the same time and location has been
made that has been or will
be granted and the activities authorized by that permit do not reasonably allow
multiple occupancy of
the particular area; or
(2) It reasonably appears that the advertising or the distribution of printed
matter will present a clear
and present danger to the public health and safety; or
(3) The number of persons engaged in the advertising or the distribution of
printed matter exceeds the
number that can reasonably be accommodated in the particular location applied
for, considering such
things as damage to project resources or facilities, impairment of a protected
area's atmosphere of
peace and tranquility, interference with program activities, or impairment of
public use facilities; or
(4) The location applied for has not been designated as available for the
advertising or the distribution
of printed matter; or
(5) The activity would constitute a violation of an applicable law or
regulation.
(e) If a permit is denied, the applicant shall be so informed in writing, with
the reason(s) for the denial
set forth.
(f) The District Commander shall designate on a map, which shall be available
for inspection in the
applicable project office, the locations within the project that are available
for the advertising or the
distribution of printed matter. Locations may be designated as not available
only if the advertising or
the distribution of printed matter would:
(1) Cause injury or damage to project resources; or
(2) Unreasonably impair the atmosphere of the peace and tranquility maintained
in natural, historic, or
commemorative zones; or
(3) Unreasonably interfere with interpretive, visitor service, or other program
activities, or with the
administrative activities of the Corps of Engineers; or
(4) Substantially impair the operation of public use facilities or services of
Corps of Engineers
concessioners or contractors.
(5) Present a clear and present danger to the public health and safety.
(g) The permit may contain such conditions as are reasonably consistent with
protection and use of the
project area for the purposes for which it is established.
(h) No permit shall be issued for a period in excess of 14 consecutive days,
provided that permits may
be extended for like periods, upon a new application, unless another applicant
has requested use of
the same location and multiple occupancy of that location is not reasonably
possible.
(i) It is prohibited for persons engaged in the activity under this section to
obstruct or impede
pedestrians or vehicles, harass project visitors with physical contact or
persistent demands,
misrepresent the purposes or affiliations of those engaged in the advertising or
the distribution of
printed matter, or misrepresent whether the printed matter is available without
cost or donation.
(j) A permit may be revoked under any of those conditions, as listed in
paragraph (d) of this section,
that constitute grounds for denial of a permit, or for violation of the terms
and conditions of the permit.
Such a revocation shall be made in writing, with the reason(s) for revocation
clearly set forth, except
under emergency circumstances, when an immediate verbal revocation or suspension
may be made,
to be followed by written confirmation within 72 hours.
(k) Violation of the terms and conditions of a permit issued in accordance with
this section may result in
the suspension or revocation of the permit.
327.18 Commercial activities.
(a) The engaging in or solicitation of business on project land or waters
without the express written
permission of the District Commander is prohibited.
(b) It shall be a violation of this part to refuse to or fail to comply with any
terms, clauses or conditions
of any lease, license or agreements issued by the District Commander.
327.19 Permits.
(a) It shall be a violation of this part to refuse to or fail to comply with the
fee requirements or other
terms or conditions of any permit issued under the provisions of this part 327.
(b) Permits for floating structures (issued under the authority of Sec. 327.30)
of any kind on/in waters of
water resources development projects, whether or not such waters are deemed
navigable waters of the
United States but where such waters are under the management of the Corps of
Engineers, shall be
issued at the discretion of the District Commander under the authority of this
section. District
Commanders will delineate those portions of the navigable waters of the United
States where this
provision is applicable and post notices of this designation in the vicinity of
the appropriate Manager's
office.
(c) Permits for non-floating structures (issued under the authority of Sec.
327.30) of any kind
constructed, placed in or affecting waters of water resources development
projects where such waters
are deemed navigable waters of the U.S. shall be issued under the provisions of
section 10 of the
Rivers and Harbors Act approved March 3, 1899 (33 U.S.C. 403). If a discharge of
dredged or fill
material in these waters is involved, a permit is required under Section 404 of
the Clean Water Act (33
U.S.C. 1344). (See 33 CFR parts 320 through 330.)
(d) Permits for non-floating structures (issued under the authority of Sec.
327.30) of any kind in waters
of water resources development projects, where such waters are under the
management of the Corps
of Engineers and where such waters are not deemed navigable waters of the United
States, shall be
issued as set forth in paragraph (b) of this section. If a discharge of dredged
or fill material into any
water of the United States is involved, a permit is required under section 404
of the Clean Water Act
(33 U.S.C. 1344) (See 33 CFR parts 320 through 330). Water quality certification
may be required
pursuant to Section 401 of the Clean Water Act (33 U.S.C. 1341).
(e) Shoreline Use Permits to authorize private shoreline use facilities,
activities or development (issued
under the authority of section 327.30) may be issued in accordance with the
project Shoreline
Management Plan. Failure to comply with the permit conditions issued under
Section 327.30 is
prohibited.
327.20 Unauthorized structures.
The construction, placement, or existence of any structure (including, but not
limited to, roads, trails,
signs, non-portable hunting stands or blinds, buoys, docks, or landscape
features) of any kind under,
upon, in or over the project lands, or waters is prohibited unless a permit,
lease, license or other
appropriate written authorization has been issued by the District Commander. The
design, construction,
placement, existence or use of structures in violation of the terms of the
permit, lease, license, or other
written authorization is prohibited. The government shall not be liable for the
loss of, or damage to, any
private structures, whether authorized or not, placed on project lands or
waters. Unauthorized
structures are subject to summary removal or impoundment by the District
Commander. Portable
hunting stands, climbing devices, steps, or blinds, that are not nailed or
screwed into trees and are
removed at the end of a day’s hunt may be used.
327.21 Special events.
(a) Special events including, but not limited to, water carnivals, boat
regattas, fishing tournaments,
music festivals, dramatic presentations or other special recreation programs are
prohibited unless
written permission has been granted by the District Commander. Where
appropriate, District
Commanders can provide the state a blanket letter of permission to permit
fishing tournaments while
coordinating the scheduling and details of tournaments with individual projects.
An appropriate fee may
be charged under the authority of Sec. 327.23.
(b) The public shall not be charged any fee by the sponsor of such event unless
the District
Commander has approved in writing (and the sponsor has properly posted) the
proposed schedule of
fees. The District Commander shall have authority to revoke permission, require
removal of any
equipment, and require restoration of an area to pre-event condition, upon
failure of the sponsor to
comply with terms and conditions of the permit/permission or the regulations in
this part 327.
327.22 Unauthorized occupation.
(a) Occupying any lands, buildings, vessels or other facilities within water
resource development
projects for the purpose of maintaining the same as a full- or part-time
residence without the written
permission of the District Commander is prohibited. The provisions of this
section shall not apply to the
occupation of lands for the purpose of camping, in accordance with the
provisions of Sec. 327.7.
(b) Use of project lands or waters for agricultural purposes is prohibited
except when in compliance
with terms and conditions authorized by lease, license or other written
agreement issued by the District
Commander.
327.23 Recreation use fees.
(a) In accordance with the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l) and the
Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, the Corps of
Engineers collects day use
fees, special recreation use fees and/or special permit fees for the use of
specialized sites, facilities,
equipment or services related to outdoor recreation furnished at Federal
expense.
(b) Where such fees are charged, the District Commander shall insure that clear
notice of fee
requirements is prominently posted at each area, and at appropriate locations
therein and that the
notice be included in publications distributed at such areas. Failure to pay
authorized recreation use
fees as established pursuant to Pub. L. 88-578, 78 Stat. 897, as amended (16
U.S.C. 460l-6a), is
prohibited and is punishable by a fine of not more than $100.
(c) Failure to pay authorized day use fees, and/or properly display applicable
receipt, permit or pass is
prohibited.
(d) Any Golden Age or Golden Access Passport permittee shall be entitled, upon
presentation of such
a permit, to utilize special recreation facilities at a rate of 50 percent off
the established use fee at
Federally operated areas. Fraudulent use of a Golden Age or Golden Access
Passport is prohibited.
327.24 Interference with Government employees.
(a) It is a Federal crime pursuant to the provisions of sections 111 and 1114 of
Title 18, United States
Code, to forcibly assault, resist, oppose, impede, intimidate, or interfere
with, attempt to kill or kill any
civilian official or employee of the U.S. Army Corps of Engineers engaged in the
performance of his or
her official duties, or on account of the performance of his or her official
duties. Such actions or
interference directed against a Federal employee while carrying out the
regulations in this part are also
a violation of such regulations and may be a state crime pursuant to the laws of
the state where they
occur.
(b) Failure to comply with a lawful order issued by a Federal employee acting
pursuant to the
regulations in this part shall be considered as interference with that employee
while engaged in the
performance of their official duties. Such interference with a Federal employee
includes failure to
provide a correct name, address or other information deemed necessary for
identification upon request
of the Federal employee, when that employee is authorized by the District
Commander to issue
citations in the performance of the employee's official duties.
327.25 Violations of rules and regulations.
(a) Any person who violates the provisions of the regulations in this part,
other than for a failure to pay
authorized recreation use fees as separately provided for in Sec. 327.23, may be
punished by a fine of
not more than $5,000 or imprisonment for not more than six months or both and
may be tried and
sentenced in accordance with the provisions of section 3401 of Title 18, United
States Code. Persons
designated by the District Commander shall have the authority to issue a
citation for violation of the
regulations in this part, requiring any person charged with the violation to
appear before the United
tates Magistrate within whose jurisdiction the affected water resources
development project is located
(16 U.S.C. 460d).
(b) Any person who commits an act against any official or employee of the U.S.
Army Corps of
Engineers that is a crime under the provisions of section 111 or section 1114 of
Title 18, United States
Code or under provisions of pertinent state law may be tried and sentenced as
further provided under
Federal or state law, as the case may be.
327.26 State and local laws.
(a) Except as otherwise provided in this part or by Federal law or regulation,
state and local laws and
ordinances shall apply on project lands and waters. This includes, but is not
limited to, state and local
laws and ordinances governing:
(1) Operation and use of motor vehicles, vessels, and aircraft;
(2) Hunting, fishing and trapping;
(3) Use or possession of firearms or other weapons;
(4) Civil disobedience and criminal acts;
(5) Littering, sanitation and pollution; and
(6) Alcohol or other controlled substances.
(b) These state and local laws and ordinances are enforced by those state and
local enforcement
agencies established and authorized for that purpose.
327.27 (Reserved)
327.28 (Reserved)
327.29 (Reserved)
327.30 Shoreline Management on Civil Works Projects
(a) Purpose. The purpose of this regulation is to provide policy and guidance on
management of
shorelines of Civil Works projects where 36 CFR Part 327 is applicable.
(A complete copy of 327.30 is available at the Resource Manager's Office,
District Office, Division
Office or from HQUSACE CECW-ON, Washington, DC 20314-1000.)
A violation of the provisions of this regulation shall subject the violator to a
fine of not
more than $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.
