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    December 15, 2008
    New Department of Interior Firearm Regulation Is Not Applicable at USACE Projects and Facilities
    1. The Department of the Interior (DOI) announced on 5 December that it has updated existing DOI regulations governing the possession of firearms in national parks and wildlife refuges. This rule change will take effect in early January and will allow an individual to carry a concealed, loaded and operable weapon in most national parks and wildlife refuges, provided that the person is authorized by state law to carry a concealed weapon in the state in which the national park or refuge is located.

    2. DOI regulations do not apply to Corps projects or facilities. This change does not affect application of the Corps Title 36 regulations (36 C.F.R., Chapter III, Part 327, Rules and Regulations Governing Public Use of COE Water Resources Development Projects). 36 C.F.R. § 327.13(a) prohibits the possession of loaded firearms or ammunition on lands and waters administered by the Corps unless one of the exceptions in 36 C.F.R. § 327.13(a)(1)-(4) apply. The full text of 36 C.F.R. § 327.13 is attached and a copy of the complete Title 36 can be viewed on the NRM Gateway at: http://corpslakes.usace.army.mil/employees/visitassist/pdfs/title36.pdf

    3. 36 C.F.R. § 327.13 remains in full force and will continue to prohibit loaded concealed weapons on Corps properties regardless of the new DOI regulation and notwithstanding any contrary provisions of State law. It remains Corps policy that we will not honor state issued concealed weapon permits on our facilities and that District Commanders do not have the discretion under 36 C.F.R. § 327.13(a)(4) to create blanket exceptions to this policy. A change of this nature to the Corps regulations in 36 C.F.R. Part 327, would require following the formal rulemaking procedures under the Administrative Procedures Act (5 U.S.C. §§ 551-706).

    4. It is incumbent upon us to communicate and reinforce our firearm regulation with our visitors and partners which may include posting park entrances with No Firearms signs IAW Corps sign manual and taking other actions as deemed necessary by the Operations Project Manager. Additional public information about this restriction will be posted on the NRM Gateway website at http://CorpsLakes.us in the near future.

    5. The POCs for this action are Stephen Austin, Natural Resources Manager, Operations (for Visitor Assistance policy and program administration information), 202-761-4489, stephen.b.austin@usace.army.mil; and Milt Boyd, Assistant Counsel, Office of Chief Counsel (for regulatory questions on federal lands) at 202-761-8546 Milton.W.Boyd@usace.army.mil.

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December 15, 2008