RULES AND REGULATIONS
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER III--CORPS OF ENGINEERS,DEPARTMENT OF THE ARMY
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCE DEVELOPMENT PROJECTS
ADMINISTERED BY THE CHIEF OF ENGINEERS--table of contents
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 |
Violation of rules and regulations. |
327.26 |
State and local laws. |
327.27 |
(Reserved) |
327.28 |
(Reserved) |
327.29 |
(Reserved) |
327.30 |
Shoreline Management on Civil Works Projects. |
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 herein, the term
"District Engineer" shall include the authorized representatives of
the District Engineer.
(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 or 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 or
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 Engineer 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
owner of any unattended vehicle, vessel or aircraft as described herein shall
be presumed to be responsible for its use on project property. 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 Section 327.25, Violations of Rules and Regulations.
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, 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, project 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 Engineer. Taking any vehicle through, around or beyond a
restrictive sign, recognizable barricade, fence or
traffic control barrier is prohibited.
(d) Vehicles shall be operated only in
accordance with posted regulations and applicable Federal, state and local
laws, which shall be enforced by authorized enforcement officials.
(e) No person shall operate any vehicle in a
careless, negligent or reckless manner so as to endanger any person, project
property or environmental feature.
(f) At developed 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
Engineer, 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.
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327.3 Vessels.
(a) This section pertains to all vessels or
watercraft, including, but not limited to, powerboats, cruisers, houseboats,
sailboats, rowboats, canoes, kayaks, jetskis and any
other such equipment capable of navigation on water, 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 (327.3(b)) 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, including buoys, and applicable Federal, state and
local laws, as regulated by authorized enforcement officials. All vessels or watercraft
so required by applicable Federal, state and local laws shall display an
appropriate registration on board whenever the vessel is operated on project
waters.
(d) The operation of vessels or other
watercraft in a careless, negligent or reckless manner so as to endanger any
property or person (including the operator and/or user(s) of the vessel or
watercraft) is prohibited.
(e) All vessels, when in use, shall have safety
equipment, including personal flotation devices, on board in compliance with
U.S. Coast Guard boating safety requirements (Coast Guard Pamphlet CG-290; 46
CFR Parts 25, 30; 33 CFR Part 175) and in compliance with boating safety laws
issued and enforced by the state in which the vessel is being operated.
(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 property or person (including the user and/or
operator of the towing vessel).
(h) 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 Engineer. 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
(Public Law 92-75, 85 Stat. 213), or promulgated pursuant to such act, is
prohibited.
(j) Except as authorized by the District
Engineer, 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.
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 Engineer 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 Engineer 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 or property.
(d) Nothing in this section (327.4) 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 of any person, material
or equipment by parachute, helicopter or other means onto project lands or
waters without written permission of the District Engineer is prohibited.
(f) In addition to the above provisions, seaplanes,
as defined below, are subject to the following restrictions:
(1) Such use is limited to aircraft utilized
for water landings and takeoff, herein called seaplanes, at the risk of owner,
operator and passenger(s).
(2) Seaplane operations contrary to the
prohibitions or restrictions established by the District Engineer (pursuant to
Part 328 of Title 36) 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 marine rules of the road for power
boats or vessels and Section 327.3 Vessels.
(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 Engineer. Seaplanes may be temporarily
moored on project waters and lands, except in areas prohibited by the District
Engineer, 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 Engineer
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 adequate lighting and supervision
approved by the District Engineer are available.
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327.5 Swimming.
(a) Swimming, diving, snorkeling or scuba
diving at one's own risk is permitted, except at launching sites, designated
mooring points and other areas so designated by the District Engineer. Diving
or jumping from bridges or other structures which cross project waters is
prohibited.
(b) An international diving flag must be
displayed during underwater activities.
327.6 Picnicking.
Picnicking and related day-use
activities are permitted, except in those areas where prohibited by the
District Engineer.
327.7 Camping.
(a) Camping is
permitted only at sites and/or areas designated by the District Engineer.
(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
Engineer.
(c) The unauthorized placement of camping
equipment or other items on a campsite and/or personal appearance without
overnight occupancy at a campsite for the purpose of reserving a designated
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
Engineer is prohibited.
327.8 Hunting, Fishing, and Trapping.
Hunting, fishing and trapping
are permitted except in areas where prohibited by the District Engineer. All
Federal, state and local laws governing these activities apply on project lands
and waters, as regulated by authorized enforcement officials.
For more information on hunting and fishing, visit the States Fish and Wildlife
agencies websites
Lousiana - http://www.wlf.state.la.us/
Mississippi - http://home.mdwfp.com/
Arkansas - http://www.agfc.com/
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 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 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 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.
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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 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. All animals and pets are prohibited on 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).
327.12 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 Weapons
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: (1) in the possession of a Federal, state or local law enforcement
officer; (2) being used for hunting or fishing as permitted under Section
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 Engineer.
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, and vegetative growth, is prohibited except when in accordance with
written permission 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.
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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 conveyed 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 permission 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 Section
327.25.
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 Section 327.15.
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.
327.18 Commercial Activities.
The engaging in or solicitation
of business without the express written permission of the District Engineer is
prohibited.
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 Section 327.30) of any kind on/in waters of water
resource 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 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 non-floating structures (issued
under the authority of Section 327.30) of any kind constructed, placed in or
affecting waters of water resources development projects where such waters are
deemed navigable water of the U.S. shall be issued under the provisions of
Section 10 of the Act approved March 3, 1899 (33 USC 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 USC 1344). (See 33 CFR Parts
320-330.)
(d) Permits for non-floating structures (issued
under the authority of Section 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 USC 1344) (See CFR Parts 320-330). Certification may be
required pursuant to Section 401 of the Clean Water Act (33 USC 1341).
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327.20 Unauthorized Structures.
The construction, placement, or
existence of any structure (including, but not limited to, roads, trails, 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 of the
terms of the permit, lease, license or other written agreement 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 Engineer.
327.21 Special Events.
(a) Special events including, but not limited
to, water carnivals, boat regattas, music festivals, dramatic presentations or
other special recreation programs are prohibited unless written permission has
been granted by the District Engineer. An appropriate fee may be charged under
the authority of Section 327.23.
(b) The public shall not be charged any fee by
the sponsor of such event unless the District Engineer has approved in writing
(and the sponsor has properly posted) the proposed schedule of fees. The
District Engineer shall have authority to revoke permission and require removal
of any equipment 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 same as a full- or part-time residence without the written
permission of the District Engineer 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 Section 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 Engineer.
327.23 Recreation Use Fees.
(a) In accordance with 16 USC 460l, the Corps
of Engineers is required to collect 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) All use fees shall be fair and equitable
and will be based on the following criteria (as contained in the Land and Water
Conservation Fund Act of 1965, Public Law 88-578, as amended):
(1) The direct and indirect amount of Federal
expenditure
(2) The benefit to the recipient.
(3) The public policy or interest served
(4) The comparable recreation fees charged by
other Federal and non-Federal public agencies and the private sector within the
service area of the management unit at which the fee is charged.
(5) The economic and administrative
feasibility of fee collection.
(6) The extent of regular maintenance
required.
(7) Other pertinent factors.
Based upon the above criteria, it shall be the
policy of the Chief of Engineers to publish in the FEDERAL REGISTER, as a
general notice document, the established range of fees for specialized sites,
facilities, equipment or services whenever such fees are adjusted.
(c) Where such fees are charged, the District
Engineer 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 Public Law 88-578, 78
Stat. 897, as amended (16 USC 460l-6a), is prohibited and is punishable by a
fine of not more than $100.
(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.
(e) At each Corps lake or reservoir where
camping is permitted, the District Engineer will provide at least one primitive
campground, containing designated campsites, sanitary facilities and vehicular
access, where no fees will be charged.
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327.24 Interference with Government
Employees.
(a) It is a Federal crime pursuant to the
provisions of Sections 1114 and 111 of Title 18, United States Code, to
forcibly assault, resist, oppose, impede, intimidate, or interfere with any
civilian official or employee for 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 Federal 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 employee's official
duties.
327.25 Violations of Rules and
Regulations.
(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 Section 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, United States Code. 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 USC
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 1114 or Section 111 of Title 18, United States Code
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.
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.
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327.27 (Reserved)
327.28 (Reserved).
327.29 (Reserved).
327.30 Lakeshore Management on Civil Works
Projects.
(a) Purpose. The purpose of this regulation is
to provide policy and guidance on the protection of desirable environmental
characteristics of Civil Works lake projects and restoration of shorelines
where degradation has occurred through private exclusive use.
(A complete copy of Section 327.30 is available
at the Resource Manager's Office, District Office, Division Office or from HQUSACE-CECW-ON, Wash., D.C. 20314-1000)
(A complete copy of Section 327.30 is
available at the Resource Manager's Operations Project Manager's Office,
District Office, Division Office or from HQUSACE-CECW-ON, Wash., D.C. 20314-1000)
A violation of the provisions of this
regulation shall subject the violator to a fine of not more than $500.00 or
imprisonment for not more than 6 months, or both.
THIS REVISION
SUPERSEDES EP 1165-2-316, JAN 1986.