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CHAPTER 111—CORPS OF ENGINEERS,

DEPARTMENT OF THE ARMY

Page

366

366

Part
312 Prohibition of discriminatory practices in water

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

water resource development projects adminis

tered by the Chief of Engineers. 328 Regulation of seaplane operations at civil works

water resource development projects adminis

tered by the Chief of Engineers ..........
330 Regulation of law enforcement services contracts

at civil works water resource projects adminis-
tered by the Chief of Engineers

...... 331 Regulations governing the protection, use and

management of the falls of the Ohio National
Wildlife Conservation Area, Kentucky and Indi-

ana ....... 332-399 (Reserved]

383

386

389

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PART 312-PROHIBITION OF DIS

CRIMINATORY PRACTICES IN WATER RESOURCE DEVELOPMENT PROJECTS

Sec. 312.1 Areas covered. 312.2 Discriminatory practices prohibited.

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

8 312.1 Areas covered.

The regulation covered in this part shall be applicable to all water resource project lands under the supervision of the Secretary of the Army not covered in parts 311 and 326, of this title.

Sec. 327.9 Sanitation. 327.10 Fires. 327.11 Control of animals. 327.12 Restrictions. 327.13 Explosives, firearms, other weapons

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

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

ployees. 327.25 Violations of rules and regulations. 327.26 State and local laws. 327.27-327.29 (Reserved) 327.30 Shoreline Management on Civil

Works Projects. 327.31 Shoreline Management fee sched

ule. AUTHORITY: The Rivers and Harbors Act of 1894, as amended and supplemented (33 U.S.C. 1).

SOURCE: 50 FR 35556, Sept. 3, 1985, unless otherwise noted.

(29 FR 9710, July 18, 1964)

8 312.2 Discriminatory practices prohibit

ed. All project land and water areas which are open to the public shall be available for use and enjoyment by the public without regard to race, creed, color or national origin. Each lessee or licensee of a project area under lease or license providing for a public or quasi-public use, including group camp activities, and each concessionaire of a lessee or licensee providing a service to the public including facilities and accommodations, shall not discriminate against any person or persons because of race, creed, color or national origin in the conduct of its operations under the lease, license or concession agreement. (29 FR 9710, July 18, 1964)

8 327.0 Applicability.

The regulations covered in this part 327 shall be applicable to water resource development projects, completed or under construction, administered by the Chief of Engineers, and to those portions of jointly administered water resource 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 resource development projects.

PART 327-RULES AND REGULA

TIONS GOVERNING PUBLIC USE OF WATER RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS

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

8 327.1 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 herein, the term District Engineer

shall include the authorized represent- aircraft as provided for in § 327.25, atives of the District Engineer.

Violation of Rules and Regulations. (c) The term project or water resource development project refers to

8327.2 Vehicles. the water areas of any water resource (a) This section pertains to all vehidevelopment project administered by cles, including, but not limited to, the Chief of Engineers, without regard automobiles, trucks, motorcycles, to ownership of underlying land, to all mini-bikes, snowmobiles, dune buggies, lands owned in fee by the Federal all-terrain vehicles and trailers, campGovernment and to all facilities there- ers, bicycles or any other such equipin or thereon of any such water re- ment. source development project.

(b) Vehicles shall not be parked in (d) All water resource development violation of posted restrictions, or in projects open for public use shall be such a manner as to obstructor available to the public without regard impede normal or emergency traffic to sex, race, color, creed, age, national movement or the parking of other veity or place of origin. No lessee, licens- hicles, create a safety hazard, or enee, or concessionaire providing a serv- danger any person, project property or ice to the public shall discriminate environmental feature. Vehicles so against any person because of sex, parked are subject to removal and imrace, creed, color, age, nationality or poundment at the owner's expense. place of origin in the conduct of the (c) The operation and/or parking of operations under the lease, license or a vehicle off authorized roadways is concession contract.

prohibited except at locations and (e) In addition to the regulations in times designated by the District Engithis part 327, all applicable Federal, neer. Taking any vehicle through, state and local laws and regulations around or beyond a restrictive sign, remain in full force and effect on recognizable barricade, fence or traffic project lands or waters which are out- control barrier is prohibited. granted by the District Engineer by (d) Vehicles shall be operated only lease, license or other written agree- in accorance with posted regulations ment.

and applicable Federal, state and local (f) The regulations in this part 327 laws, which shall be enforced by aushall be deemed to apply to those thorized enforcement officials. lands and waters which are subject to (e) No person shall operate any vehitreaties and Federal laws and regula- cle in a careless, negligent or reckless tions concerning the rights of Indian manner so as to endanger any person, Nations and which lands and waters project property or environmental feaare incorporated, in whole or in part,

ture. within water resource development (f) At developed recreation areas, veprojects administered by the Chief of hicles shall be used only to enter or Engineers, to the extent that the regu- leave the area or individual sites or falations in this part 327 are not incon- cilities unless otherwise posted. sistent with such treaties and Federal (g) Except as authorized by the Dislaws and regulations.

trict Engineer, no person shall operate (g) Any violation of any section of any motorized vehicle without a this part 327 shall constitute a sepa- proper and effective exhaust muffler rate violation for each calendar day in as defined by state and local laws, or which it occurs.

with an exhaust muffler cutout open, (h) For the purposes of this part 327, or in any other manner which renders the owner of any unattended vehicle,

the exhaust muffler ineffective in vessel or aircraft as described herein muffling the sound of engine exhaust. shall be presumed to be responsible

$ 327.3 Vessels. for its use on project property. Unless proven otherwise, such presumption (a) This section pertains to all veswill be sufficient to issue a citation for sels or watercraft, including, but not the violation of regulations applicable limited to, powerboats, cruisers, houseto the use of such vehicle, vessel or boats, sailboats, rowboats, canoes, kayaks, jetskis and any other such may not be used in a careless, negliequipment capable of navigation on gent, or reckless manner so as to enwater, whether in motion or at rest. danger any property or person (includ

(b) The placement and/or operation ing the user and/or operator of the of any vessel or watercraft for a fee or

towing vessel). profit upon project waters or lands is

(h) All vessels when not in actual use prohibited except as authorized by

shall be removed from project lands permit, lease, license, or concession

and water unless securely moored or contract with the Department of the

stored at designated areas approved by Army. This paragraph (§ 327.3(b))

the District Engineer. The placing of shall not apply to the operation of commercial tows or passenger carrying

floating or stationary mooring facili

ties on, adjacent to, or interfering with vessels not based at a Corps project

a buoy, channel marker or other navi. which utilize project waters as a link in continous transit over navigable

gational aid is prohibited. waters of the United States.

(i) The use at a project of any vessel (c) Vessels or other watercraft may

not constructed or maintained in combe operated on the project waters,

pliance with the standards and reexcept in prohibited or restricted

quirements established by the Federal areas, in accordance with posted regu

Safe Boating Act of 1971 (Pub. L 92lations, including buoys, and applica

75, 85 Stat. 213), or promulgated pur. ble Federal, state and local laws, as

suant to such act, is prohibited. regulated by authorized enforcement (j) Except as authorized by the Disofficials. All vessels or watercraft so trict Engineer, no person shall operate required by applicable Federal, state any vessel or watercraft without a and local laws shall display an appro- proper and effective exhaust muffler priate registration on board whenever as defined by State and local laws, or the vessel is operated on project with an exhaust muffler cutout open, waters.

or in any other manner which renders (d) The operation of vessels or other the exhaust muffler ineffective in watercraft in a careless, negligent or muffling the sound of engine exhaust. reckless manner so as to endanger any property or person (including the op- 8 327.4 Aircraft. erator and/or user(s) of the vessel or

(a) This section pertains to all airwatercraft) is prohibited.

craft including, but not limited to, air(e) All vessels, when in use, shall

planes, seaplanes, helicopters, ultrahave safety equipment, including per

light aircraft, motorized hang gliders, sonal floatation devices, on board in

hot air balloons, any non-powered compliance with U.S. Coast Guard

flight devices or any other such equipboating safety requirements (Coast

ment. Guard Pamphlet CG-290; 46 CFR parts 25, 30; 33 CFR part 175) and in

(b) The operation of aircraft on compliance with boating safety laws

project lands at locations other than issued and enforced by the state in

those designated by the District Engi. which the vessel is being operated.

neer is prohibited. This provision shall (f) Unless otherwise permitted by

not be applicable to aircraft engaged Federal, state or local law, vessels or

on official business of Federal, state or other watercraft, while moored in local governments or law enforcement commercial facilities, community or

agencies, aircraft used in emergency corporate docks, or at any fixed or per

rescue in accordance with the direcmanent mooring point, may only be

tions of the District Engineer or airused for overnight occupancy when

craft forced to land due to circumsuch use is incidental to recreational stances beyond the control of the opboating. Vessels or other watercraft erator. are not to be used as a place of habita- (c) No person shall operate any airtion or residence.

craft while on or above project waters (g) Water skis, parasails, ski-kites or project lands in a careless, negligent and similar devices are permitted in or reckless manner so as to endanger nonrestricted areas except that they any person or property.

(d) Nothing in this section (8 327.4) tion with and necessary clearance bestows authority to deviate from from the Federal Aviation Administrarules and regulations or prescribed tion (FAA) and other appropriate standards of the appropriate State public authorities and affected interAeronautical Agency, or the Federal ests. Aviation Administration, including, (6) Seaplanes may not be operated but not limited to, regulations and at Corps projects between sunset and standards concerning pilot certifica- sunrise unless adequate lighting and tions or ratings, and airspace require supervision approved by the District ments.

Engineer are available. (e) Except in extreme emergencies threatening human life or serious 8327.5 Swimming. property loss, the air delivery of any

(a) Swimming, diving, snorkling or person, material or equipment by scuba diving at one's own risk is perparachute, helicopter or other means mitted, except at launching sites, desonto project lands or waters without ignated mooring points and other written permission of the District En areas so designated by the District Engineer is prohibited.

gineer. Diving or jumping from bridges (f) In addition to the above provi. or other structures which cross project sions, seaplanes, as defined below, are waters is prohibited. subject to the following restrictions:

(b) An international diving flag must (1) Such use is limited to aircraft uti

be displayed during underwater activi. lized for water landings and takeoff,

ties. herein called seaplanes, at the risk of the owner, operator and passenger(s). 8 327.6 Picnicking. (2) Seaplane operations contrary to

Picnicking and related day-use acthe prohibitions or restrictions estab

tivities are permitted, except in those lished by the District Engineer (pursuant to part 328 of title 36) are prohib areas where prohibited by the District

Engineer. ited. The responsibility to ascertain whether seaplane operations are pro- 8 327.7 Camping. hibited or restricted is incumbent upon the person(s) contemplating the

(a) Camping is permitted only at use of, or using, such waters.

sites and/or areas designated by the (3) All operations of seaplanes while

District Engineer. upon project waters shall be in accord

(b) Camping at one or more campance with marine rules of the road for

sites at any one water resource project power boats or vessels and g 327.3 Ves- for a period longer than 14 days sels.

during any 30-consecutive-day period (4) Seaplanes on project waters and is prohibited without the written perlands in excess of 24 hours shall be se

mission of the District Engineer. curely moored at mooring facilities

(c) The unauthorized placement of and at locations permitted by the Dis- camping equipment or other items on trict Engineer. Seaplanes may be tem- a campsite and/or personal appearporarily moored on project waters and

ance without overnight occupancy at a lands, except in areas prohibited by campsite for the purpose of reserving the District Engineer, for periods less a designated campsite for future occuthan 24 hours providing that (i) the

pancy is prohibited. mooring is safe, secure, and accom

(d) The digging or leveling of any plished so as not to damage the rights ground or the construction of any of the Government or members of the structure without written permission public and (ii) the operator remains in of the District Engineer is prohibited. the vicinity of the seaplane and reasonably available to relocate the sea

8 327.8 Hunting, fishing, and trapping. plane if necessary.

Hunting, fishing, and trapping are (5) Commercial operation of sea- permitted except in areas where proplanes from project waters is prohibit- hibited by the District Engineer. All ed without written approval of the Federal, state and local laws governing District Engineer following consulta- these activities apply on project lands

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