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and waters, as regulated by authorized enforcement officials.

not limited to, tires, plastic or treated wood products is prohibited.

(c) Improper disposal of lighted smoking materials, matches or other burning material is prohibited.

8 327.9 Sanitation.

(a) Garbage, trash, rubbish, litter, 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 Engineer.

(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 prod. ucts and by-products, on project lands or into project waters is prohibited.

(d) Campers, picnickers, and all other persons using a water resource 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.

8 327.11 Control of animals.

(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. All animals and pets are prohibited in swimming beaches. Animals and pets, except properly trained animals assisting the handicapped (such as seeing-eye dogs), are prohibited in sanitary facilities or other areas so designated by the District Engineer. 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 Engineer.

(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 Engineer.

(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 Engineer, who may assess a reasonable impoundment fee. This fee shall be paid before the impounded animal is returned to its owner(s).

$ 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 Engineer.

(b) Fires shall be confined to those areas designated by the District Engineer, 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

8 327.12 Restrictions.

(a) The District Engineer 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 Engineer may close or restrict the use of a project or portion of a project when necessitated by reason of public health, public safety, maintenance, 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 Engineer. 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 audio or other noise producing device including, but not limited to, radios, televisions, or musical instruments and motorized equipment, including 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. $327.13 Explosives, firearms, other weap

ons and fireworks. The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, explosives or explosive devices of any kind, including fireworks, is prohibited unless:

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

(b) 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;

(c) Being used at authorized shooting ranges; or

(d) Written permission has been received from the District Engineer.

8327.14 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, and vegetative growth, is prohibited except when in accordance with written pemission of the District Engineer.

(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 Engineer.

(c) Gathering of dead wood on the ground for use in designated recreation areas as firewood is permitted. 8 327.15 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, unattended personal property shall be presumed to be abandoned and may be impounded and stored at a storage point designated by the District Engineer, who may assess a reasonable impoundment fee. Such fee shall be paid before the impounded property is returned to its owner.

(b) The District Engineer 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 $25 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 Engineer. The net proceeds from the sale of property shall be covered into the Treasury of the United States as miscellaneous receipts.

(c) Personal property placed on Federal lands or waters adjacent to a private residence and/or developments of any private nature for more than 24 hours without permssion of the District Engineer shall be presumed to have been abandoned and, unless proven otherwise, such presumption will be sufficient to issue a citation as provided for in § 327.25.

are

8 327.16 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 $ 327.15.

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 Engineer under the authority of this regulation. District Engineers 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 Resource Manager's office.

(c) Permits for nonfloating structures (issued under the authority of § 327.30) of any kind constructed, placed in or affecting waters of water resource development projects where such waters deemed navigable waters of the U.S. shall be issued under the provisions of section 10 of the 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 320330).

(d) Permits for nonfloating structures (issued under the authority of § 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 320330). Certification may be required pursuant to section 401 of the Clean Water Act (33 U.S.C. 1341).

8 327.17 Advertisement.

Advertising by the use of billboards, signs, markers, audio devices, handbills, circulars, posters, or any other means whatsoever, is prohibited without written permission of the District Engineer. 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.

8 327.18 Commercial activities.

The engaging in or solicitation of business without the express written permission of the District Engineer is prohibited.

8 327.19 Permits.

(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 $ 327.30) of any kind on/in waters of water resources development projects, whether or not such waters

8 327.20 Unauthorized structures.

The construction, placement, or existence of any structure (including, but not limited to, roads, tra

ls, signs 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 agreement has been issued by the District Engineer. The design, construction, placement, existence or use of structures in violation

are

of the terms of the permit, lease, 11- or services related to outdoor recreacense or other written agreement is tion furnished at Federal expense. prohibited. The government shall not (b) All use fees shall be fair and eqbe liable for the loss of, or damage to, uitable and will be based on the fol. any private structures, whether au- lowing criteria (as contained in the thorized or not, placed on project Land and Water Conservation Fund lands or waters. Unauthorized struc- Act of 1965, Pub. L. 88-578, as amendtures are subject to summary removal ed): or impoundment by the District Engi

(1) The direct and indirect amount neer.

of Federal expenditure. $327.21 Special events.

(2) The benefit to the recipient.

(3) The public policy or interest (a) Special events including, but not

served. limited to, water carnivals, boat regattas, music festivals, dramatic presenta charged by other Federal and non

(4) The comparable recreation fees tions or other special recreation pro

Federal public agencies and the prigrams are prohibited unless written permission has been granted by the

vate sector within the service area of District Engineer. An appropriate fee

the management unit at which the fee may be charged under the authority

is charged. of $ 327.23.

(5) The economic and administrative (b) The public shall not be charged feasibility of fee collection. any fee by the sponsor of such event

(6) The extent of regular mainteunless the District Engineer has ap

nance required. proved in writing (and the sponsor has (7) Other pertinent factors. properly posted) the proposed sched. Based upon the above criteria, it shall ule of fees. The District Engineer shall be the policy of the Chief of Engineers have authority to revoke permission to publish in the FEDERAL REGISTER, as and require removal of any equipment a general notice document, the estabupon failure of the sponsor to comply lished range of fees for specialized with terms and conditions of the sites, facilities, equipment or services permit/permission or the regulations whenever such fees are adjusted. in this part 327.

(c) Where such fees are charged, the

District Engineer shall insure that 8327.22 Unauthorized occupation.

clear notice of fee requirements is (a) Occupying any lands, buildings, prominently posted at each area, and vessels or other facilities within water at appropriate locations therein and resource development projects for the that the notice be included in publicapurpose of maintaining same as a full- tions distributed at such areas. Failure or part-time residence without the to pay authorized recreation use fees written permission of the District En- as established pursuant to Pub. L. 88gineer is prohibited. The provisions of 578, 78 Stat. 897, as amended (16 this section shall not apply to the oc- U.S.C. 4601-6a), is prohibited and is cupation of lands for the purpsose of punishable by a fine of not more than camping, in accordance with the provi- $100. sions of g 327.7.

(d) Any Golden Age or Golden (b) Use of project lands or waters for Access Passport permittee shall be enagricultural purposes is prohibited titled, upon presentation of such a except when in compliance with terms permit, to utlilize special recreation faand conditions authorized by lease, li- cilities at a rate of 50 percent off the cense or other written agreement established use fee at federally operatissued by the District Engineer.

ed areas.

(e) At each Corps lake or reservoir $327.23 Recreation use fees.

where camping is permitted, the Dis(a) In accordance with 16 USC 4601, trict Engineer will provide at least one the Corps of Engineers is required to primitive campground, containing descollect special recreation use fees and/ ignated campsites, sanitary facilities or special permit fees for the use of and vehicular access, where no fees specialized sites, facilities, equipment will be charged.

1114 or section 111 of title 18 U.S.C. 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.

8 327.24 Interference with Government

employees. (a) It is a Federal crime pursuant to the provisions of sections 1114 and 111 of title 18 U.S.C., to forcibly assault, resist, oppose, impede, intimidate, or interfere with 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 these regulations are also a violation of these 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 shall be considered as interference with that employee while engaged in the performance of their official duties. Such interference with a Fed. eral employee includes failure to provide a correct name, address or other identification upon request of the Federal employee, when that employee is authorized by the District Engineer to issue citations in the performance of the employees official duties.

8 327.26 State and local laws.

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:

(a) Operation and use of motor vehicles, vessels, and aircraft;

(b) Hunting, fishing and trapping; (c) Use of firearms or other weapons;

(d) Civil disobedience and criminal acts; and,

(e) Littering, sanitation and pollution. These state and local laws and ordinances are enforced by those state and local enforcement agencies established and authorized for that purpose.

88 327.27-327.29 [Reserved)

8 327.25 Violation of rules and regula.

tions. (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 § 327.23, may be punished by a fine of not more than $500 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 U.S.C. Persons designated by the District Engineer shall have the authority to issue a citation for violation of these regulations, requiring the appearance of any person charged with the violation to appear before the United States Magistrate within whose jurisdiction the affected water resources development project is located. (16 U.S.C. 460d).

(b) Any person who commits an act against any official or employee of the U.S. Army Corps of Engineers that is a crime under the provisions of section

8 327.30 Shoreline Management on Civil

Works Projects. (a) Purpose. The purpose of this reg. ulation is to provide policy and guidance on management of shorelines of Civil Works projects where 36 CFR part 327 is applicable.

(b) Applicability. This regulation is applicable to all field operating agencies with Civil Works responsibilities except when such application would result in an impingement upon existing Indian rights.

(c) References. (1) Section 4, 1944 Flood Control Act, as amended (16 U.S.C. 4600).

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

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

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

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

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

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