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RULES AND REGULATIONS

GOVERNING PUBLIC USE

OF CORPS OF ENGINEERS

WATER RESOURCES

DEVELOPMENT PROJECTS

EP 1165-2-316

May 2000

FOREWARD

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.

FOR THE COMMANDER:

RUSSELL L. FUHRMAN

Major General, U.S. Army

Chief of Staff

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

327.12 Restrictions.

(a) The District Commander may establish and post a schedule of visiting hours and/or

restrictions on the public use of a project or 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.

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.

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.

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.

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 the Federal Register, Volume 65, No. 88, May

5, 2000, page 26137.

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.

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.

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

States Magistrate within whose jurisdiction the affected water resources development

project is located (16 U.S.C. 460d).

(b) Any person who commits an act against any official or employee of the U.S. Army

Corps of Engineers that is a crime under the provisions of section 111 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.

THIS REVISION SUPERSEDES EP 1165-2-316, May 1986