[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Rules and Regulations]
[Pages 75347-75356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29088]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 423
RIN 1006-AA55
Public Conduct on Bureau of Reclamation Facilities, Lands, and
Waterbodies
AGENCY: Bureau of Reclamation, Interior.
ACTION: Final rule.
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SUMMARY: This final rule reissues 43 CFR part 423 in its entirety.
Amendments to 43 CFR part 423 were published in the Federal Register on
September 24, 2008, (73 FR 54977) as an interim final rule. This final
rule contains only minor additional changes which we are making in
response to the public comments received on the September 24, 2008
interim final rule.
DATES: This final rule is effective on January 12, 2009.
FOR FURTHER INFORMATION CONTACT: David Achterberg, Director, Security,
Safety, and Law Enforcement, Bureau of Reclamation, PO Box 25007,
Denver, Colorado, 80225, telephone 303-445-3736.
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 2001, Congress enacted Public Law 107-69, which
provides for law enforcement authority within Reclamation projects and
on Reclamation lands. Section 1(a) of this law requires the Secretary
of the Interior to ``issue regulations necessary to maintain law and
order and protect persons and property within Reclamation projects and
on Reclamation lands.'' The Secretary of the Interior delegated this
authority to the Commissioner of Reclamation.
On April 17, 2002, Reclamation published 43 CFR part 423, Public
Conduct on Bureau of Reclamation Lands and Projects (67 FR 19092,
Apr.17, 2002) as an interim final rule. In the preamble to that rule,
Reclamation stated its intent to replace the interim final rule with a
more comprehensive public conduct rule and set April 17, 2003, as the
interim final rule's expiration date. In order to provide more time to
develop the comprehensive public conduct rule, Reclamation later
extended the expiration of the interim final rule to April 17, 2005 (68
FR 16214, Apr. 3, 2003), and again to April 17, 2006 (70 FR 15778, Mar.
29, 2005).
On September 13, 2005, Reclamation published a proposed public
conduct rule (70 FR 54214, Sep. 13, 2005) and asked the public to
comment on that proposed rule. The Final Rule, 43 CFR part 423, was
published in the Federal Register on April 17, 2006 (71 FR 19790, Apr.
17, 2006).
On September 24, 2008, Reclamation published an interim final
public conduct rule (73 FR 54977, Sep. 24, 2008) that made minor
amendments to the existing part 423, and asked the public to comment on
that rule. In response to those public comments, this final rule makes
minor changes to the interim final rule.
In this publication, we are reprinting 43 CFR part 423 in its
entirety with the amendments made in the September 24, 2008, interim
final rule, as well as the changes made as a result of comments we
received during the public comment period which ended on November 24,
2008, so interested parties can view the rule as a cohesive document.
II. Summary of Comments and Responses
This section of the preamble provides responses to the comments
received on the interim final rule published in the Federal Register on
September 24, 2008 (73 FR 54977). Nine parties submitted comments
during the 60-day public comment period which ended on November 24,
2008.
Comments and Responses
Comment: Several commenters were concerned about the changes we
made to the effect that a seaplane is not considered a vessel under
part 423.
Response: The question of whether seaplanes are considered
``vessels'' when on the water is essentially not material to whether
seaplane activity is allowed or not allowed on any particular
reservoir. The applicable rules of other entities such as the United
States Coast Guard, the National Park Service, the States, and/or local
governments remain in effect and must be observed. This includes other
entities' rules concerning the definition of ``vessel,'' and pilots
must be aware of all applicable Federal, State and local laws and
regulations when contemplating landings on Reclamation lands or
waterbodies.
Due to the fact that the other entities that have varying degrees
of jurisdiction over Reclamation waterbodies differ in how they define
the term ``vessel,'' we added the sentence ``A seaplane may be
considered a vessel'' to the definition of ``vessel'' in section 423.2
of this final rule. We also revised section 438(a) by adding the words
``or seaplane'' after the word ``watercraft,'' and we added the words
``other watercraft, or seaplane'' after the word ``vessel'' in section
438(b).
Comment: Several commenters expressed concern or disagreement
regarding the status of particular Reclamation reservoirs or groups of
reservoirs with respect to seaplane activity, difficulties in
determining that status, and the allowance of seaplane activity in
general.
Response: This rule does not determine the status of any particular
reservoir or set of reservoirs with respect to seaplane activity. One
of the purposes of the amendments made on September 24, 2008, was to
recognize the aircraft-related laws and rules of other Federal, State,
and local entities that have jurisdiction over the surface
[[Page 75348]]
waters of many Reclamation reservoirs. Reclamation believes that in
general, decisions to allow, restrict, or prohibit aircraft on
Reclamation lands and waterbodies should be made at the local level
and/or by the Federal, State, and local entities that have
jurisdiction. However, Reclamation reserves the authority to intervene
when necessary for reasons including, but not limited to, safety,
security, law enforcement, and reservoir operations.
Reclamation will continue to provide the status of the reservoirs
we manage, but pilots ultimately bear the responsibility for
determining the status of reservoirs under the jurisdiction of our
managing partners and/or other entities.
Comment: One commenter expressed concern over the use of the term
``local government'' in section 423(b)(2). The commenter believed this
term might be interpreted to exclude employees of water districts and
other political subdivisions, thus making them subject to this rule
when carrying out their regular duties on Reclamation projects.
Response: Reclamation agrees with this comment and we added the
phrase ``or other political subdivision'' after the words ``local
government'' in section 423(b)(2).
Summary of Changes
As discussed in the ``Comments and Responses'' section above, the
changes we are making to the interim final rule published September 24,
2008 are:
1. Adding a sentence ``A seaplane may be considered a vessel'' to
the definition of ``vessel'' in section 423.2.
2. Adding the words ``or other political subdivision'' after the
words ``local government'' in section 423(b)(2).
3. Adding the words ``or seaplane'' after the word ``watercraft.''
in section 438(a).
4. Adding the words ``other watercraft, or seaplane'' after the
word ``vessel'' in section 438(b).
III. Procedural Requirements
1. Regulatory Planning and Review (Executive Order (E.O.) 12866)
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under Executive Order
12866. This rule makes only minor changes to 43 CFR part 423.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule does not raise novel legal or policy issues.
2. Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq).
This rule makes only minor changes to 43 CFR part 423.
3. Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule makes only
minor changes to 43 CFR part 423. The rule:
(1) Does not have an annual effect on the economy of $100 million
or more.
(2) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(3) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
4. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. This rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. This rule makes
only minor changes to 43 CFR part 423. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
5. Takings (E.O. 12630)
In accordance with Executive Order 12630, this rule does not have
significant takings implications. This rule makes only minor changes to
43 CFR part 423. A takings implication assessment is not required.
6. Federalism (E.O. 13132)
In accordance with Executive Order 12612, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This rule makes only minor changes to 43 CFR
part 423. A Federalism Assessment is not required.
7. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Does not unduly burden the judicial system;
(b) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(c) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
8. Consultation With Indian Tribes (E.O. 13175)
Under the criteria in Executive Order 13175, we have evaluated this
rule and determined that it has no potential effects on federally
recognized Indian tribes. This rule recognizes tribal authorities,
laws, and regulations but does not affect them.
9. Paperwork Reduction Act
This rule does not require an information collection from 10 or
more parties and a submission under the Paperwork Reduction Act is not
required.
10. National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required.
11. Data Quality Act
In developing this rule we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
12. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in the E.O. 13211. A Statement of Energy Effects is not required.
13. Clarity of This Regulation
We are required by E.O. 12866 and 12988, and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
[[Page 75349]]
List of Subjects in 43 CFR Part 423
Law enforcement, Public conduct, Reclamation lands, and Reclamation
projects.
Dated: December 2, 2008.
Kameran L. Onley,
Acting Assistant Secretary--Water and Science.
0
For the reasons stated in the preamble, 43 CFR part 423 is revised to
read as follows:
PART 423--PUBLIC CONDUCT ON BUREAU OF RECLAMATION FACILITIES,
LANDS, AND WATERBODIES
Subpart A--Purpose, Definitions, and Applicability
Sec.
423.1 Purpose.
423.2 Definitions of terms used in this part.
423.3 When does this part apply?
Subpart B--Areas Open and Closed to Public Use
423.10 What areas are open to public use?
423.11 What areas are closed to public use?
423.12 How will Reclamation notify the public of additional closed
areas?
423.13 How will Reclamation establish periodic and regular closures?
423.14 How will Reclamation post and delineate closed areas at the
site of the closure?
423.15 How will Reclamation document closures or reopenings?
423.16 Who can be exempted from closures?
423.17 How will Reclamation reopen closed areas?
423.18 Use of Closures
Subpart C--Rules of Conduct
423.20 General Rules.
423.21 Responsibilities.
423.22 Interference with agency functions and disorderly conduct.
423.23 Abandonment and impoundment of personal property.
423.24 Trespassing.
423.25 Vandalism, tampering, and theft.
423.26 Public events and gatherings.
423.27 Advertising and public solicitation.
423.28 Memorials.
423.29 Natural and cultural resources.
423.30 Weapons, firearms, explosives, and fireworks.
423.31 Fires and flammable material.
423.32 Hunting, fishing, and trapping.
423.33 Camping.
423.34 Sanitation.
423.35 Animals.
423.36 Swimming.
423.37 Winter activities.
423.38 Operating vessels on Reclamation waters.
423.39 Standards for vessels.
423.40 Vehicles.
423.41 Aircraft.
423.42 Gambling.
423.43 Alcoholic beverages.
423.44 Controlled substances.
Subpart D--Authorization of Otherwise Prohibited Activities
423.50 How can I obtain permission for prohibited or restricted uses
and activities?
Subpart E--Special Use Areas
423.60 How special use areas are designated.
423.61 Notifying the public of special use areas.
423.62 Reservations for public use limits.
423.63 Existing special use areas.
Subpart F--Violations and Sanctions
423.70 Violations.
423.71 Sanctions.
Authority: Public Law 107-69 (November 12, 2001) (Law
Enforcement Authority) (43 U.S.C. 373b and 373c); Public Law 102-
575, Title XXVIII (October 30, 1992) (16 U.S.C. 460l-31 through 34);
Public Law 89-72 (July 9, 1965) (16 U.S.C. 460l-12); Public Law 106-
206 (May 26, 2000) (16 U.S.C. 460l-6d); Public Law 59-209 (June 8,
1906) (16 U.S.C. 431-433); Public Law 96-95 (October 31, 1979) (16
U.S.C. 470aa-mm).
Subpart A--Purpose, Definitions, and Applicability
Sec. 423.1 Purpose.
The purpose of this part is to maintain law and order and protect
persons and property within Reclamation projects and on Reclamation
facilities, lands, and waterbodies.
Sec. 423.2 Definitions of terms used in this part.
Aircraft means a device that is used or intended to be used for
human flight in the air, including powerless flight, unless a
particular section indicates otherwise.
Archaeological resource means any material remains of past human
life or activities which are of archaeological interest, as determined
under 43 CFR part 7, including, but not limited to, pottery, basketry,
bottles, weapons, projectiles, tools, structures or portions of
structures, pit houses, rock paintings, rock carvings, intaglios,
graves, human remains, or any portion of any of the foregoing items.
Archaeological resources are a component of cultural resources.
Authorized official means the Commissioner of the Bureau of
Reclamation and those Federal, State, local, and tribal officials, and
agencies to which the Commissioner has delegated specific and limited
authorities to enforce and implement this part 423.
Camping means erecting a tent or shelter; preparing a sleeping bag
or other bedding material for use; parking a motor vehicle, motor home,
or trailer; or mooring a vessel for the intended or apparent purpose of
overnight occupancy.
Closed means a prohibition to all public access.
Cultural resource means any man-made or associated prehistoric,
historic, architectural, sacred, or traditional cultural property and
associated objects and documents that are of interest to archaeology,
anthropology, history, or other associated disciplines. Cultural
resources include archaeological resources, historic properties,
traditional cultural properties, sacred sites, and cultural landscapes
that are associated with human activity or occupation.
Explosive means any device or substance that can be ignited or
detonated to produce a violent burst of gas and/or other materials,
including, but not limited to, blasting caps and detonatable fireworks
and pyrotechnics. This definition does not include fuel and ammunition
when properly transported and used.
Firearm means a device that expels a projectile such as a bullet,
dart, or pellet by combustion, air pressure, gas pressure, or other
means.
Fishing means taking or attempting to take, by any means, any fish,
mollusk, or crustacean found in fresh or salt water.
Geophysical discovery device means any mechanism, tool, or
equipment including, but not limited to, metal detectors and radar
devices, that can be used to detect or probe for objects beneath land
or water surfaces.
Historic property means any prehistoric or historic district, site,
building, structure, or object included on, or eligible for inclusion
on, the National Register of Historic Places, including artifacts,
records, and material remains related to such a property or resource.
Hunting means taking or attempting to take wildlife by any means,
except by trapping or fishing.
Museum property means personal property acquired according to some
rational scheme and preserved, studied, or interpreted for public
benefit, including, but not limited to, objects selected to represent
archaeology, art, ethnography, history, documents, botany,
paleontology, geology, and environmental samples.
Natural resources means assets or values related to the natural
world, including, but not limited to, plants, animals, water, air,
soils, minerals, geologic features and formations, fossils and other
paleontological resources, scenic values, etc. Natural resources are
those elements of the environment not created by humans.
[[Page 75350]]
Off-road vehicle means any motorized vehicle (including the
standard automobile) designed for or capable of cross-country travel on
or immediately over land, water, sand, snow, ice, marsh, swampland, or
natural terrain. The term excludes all of the following:
(1) Nonamphibious registered motorboats;
(2) Military, fire, emergency, or law enforcement vehicles when
used for emergency purpose;
(3) Self-propelled lawnmowers, snowblowers, garden or lawn
tractors, and golf carts while being used for their designed purpose;
(4) Agricultural, timbering, construction, exploratory, and
development equipment and vehicles while being used exclusively as
authorized by permit, lease, license, agreement, or contract with
Reclamation;
(5) Any combat or combat support vehicle when used in times of
national defense emergencies;
(6) ``Official use'' vehicles; and
(7) Wheelchairs and carts designed and used for transporting
persons with disabilities.
Operator means a person who operates, drives, controls, has charge
of, or is in actual physical control of any mode of transportation or
other equipment.
Permit means any written document issued by an authorized official
pursuant to Subpart D of this part 423 authorizing a particular
activity with specified time limits, locations, and/or other
conditions.
Person means an individual, entity, or organization.
Pet means a domesticated animal other than livestock.
(``Livestock'' is any hoofed animal used for agricultural, riding,
pulling, or packing purposes.)
Public use limit means any limitation on public uses or activities
established by law or regulation.
Real property means any legal interest in land and the water, oil,
gas, and minerals in, on, and beneath the land surface, together with
the improvements, structures, and fixtures located thereon.
Reclamation means the Bureau of Reclamation, United States
Department of the Interior.
Reclamation facilities, lands, and waterbodies means Reclamation
facilities, Reclamation lands, and Reclamation waterbodies.
Reclamation facility means any facility constructed or acquired
under Federal reclamation law that is situated on Reclamation lands and
is used or occupied by Reclamation under a lease, easement, right-of-
way, license, contract, or other arrangement. The term includes, but is
not limited to, any of the following that are under the jurisdiction of
or administered by Reclamation: dams, powerplants, buildings,
switchyards, transmission lines, recreation facilities, fish and
wildlife facilities, pumping plants, and warehouses.
Reclamation lands means any real property under the jurisdiction of
or administered by Reclamation, and includes, but is not limited to,
all acquired and withdrawn lands and lands in which Reclamation has a
lease interest, easement, or right-of-way.
Reclamation project means any water supply, water delivery, flood
control, or hydropower project, together with any associated facilities
for fish, wildlife, recreation, or water treatment constructed or
administered by Reclamation under the Federal reclamation laws (the Act
of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371 et seq.),
and Acts supplementary thereto and amendatory thereof).
Reclamation waterbody means any body of water situated on
Reclamation lands or under Reclamation jurisdiction.
Refuse means any human or pet waste, litter, trash, garbage,
rubbish, debris, contaminant, pollutant, waste liquid, or other
discarded materials.
Sacred site means any specific, discrete, or narrowly delineated
location on Federal land that is identified by an Indian tribe, or
Indian individual determined to be an appropriately authoritative
representative of an Indian religion, as sacred by virtue of its
established religious significance to, or ceremonial use by, an Indian
religion; provided that the tribe or appropriately authoritative
representative of an Indian religion has informed the land managing
agency of the existence of such a site.
Special use area means an area at or within a Reclamation facility,
or an area of Reclamation lands or waterbodies, in which special rules
for public conduct apply that may differ from those established in
Subpart C of this part 423. A special use area must be established by
an authorized official as provided in Subpart E of this part 423.
State and local laws means the laws, statutes, regulations,
ordinances, codes, and court decisions of a State and of the counties,
municipalities, or other governmental entities which are enabled by
statute and vested with legislative authority.
Traditional cultural property means a discretely defined property
that is eligible for inclusion on the National Register of Historic
Places because of its association with cultural practices or beliefs of
a living community that:
(1) Are rooted in that community's history; and
(2) Are important in maintaining the continuing cultural identity
of the community.
Trapping means taking, or attempting to take, wildlife with a
snare, trap, mesh, wire, or other implement, object, or mechanical
device designed to entrap, ensnare, or kill animals, including fish.
Vehicle means every device in, upon, or by which a person or
property is or may be transported or drawn on land, whether moved by
mechanical, animal, or human power, including, but not limited to,
automobiles, trucks, motorcycles, mini-bikes, snowmobiles, dune
buggies, all-terrain vehicles, trailers, campers, bicycles, and those
used exclusively upon stationary rails or tracks; except wheelchairs
used by persons with disabilities.
Vessel means any craft that is used or capable of being used as a
means of transportation on or under water or ice, including, but not
limited to, powerboats, cruisers, houseboats, sailboats, airboats,
hovercraft, rowboats, canoes, kayaks, ice yachts, or personal
watercraft. Inner tubes, air mattresses, and other personal flotation
devices are not considered vessels. A seaplane may be considered a
vessel.
Weapon means a firearm or any other instrument or substance
designed, used, or which can be used to cause or threaten to cause
pain, injury, or death.
Wildlife means any non-domestic member of the animal kingdom and
includes a part, product, egg, offspring, or dead body or part thereof,
including, but not limited to, mammals, birds, reptiles, amphibians,
fish, mollusks, crustaceans, arthropod, coelenterate, or other
invertebrate, whether or not bred, hatched, or born in captivity.
You means a person or entity on Reclamation facilities, lands, or
waterbodies.
Sec. 423.3 When does this part apply?
(a) This part and all applicable Federal, State, and local laws
apply to all persons on Reclamation facilities, lands, and waterbodies,
with the following exceptions:
(1) Certain exceptions apply to Federal, State, local, and contract
employees, as further addressed in paragraph (b) of this section.
(2) Certain exceptions apply to non-Federal entities, as further
addressed in paragraph (c) of this section;
(3) Certain exceptions apply on Reclamation facilities, lands, and
waterbodies administered by other
[[Page 75351]]
Federal agencies, as further addressed in paragraph (d) of this
section; and
(4) Certain exceptions apply on Reclamation facilities, lands, and
waterbodies subject to treaties and Federal laws concerning tribes and
Indians, as further addressed in paragraph (e) of this section.
(b) This part does not apply to:
(1) Federal, State, and local law enforcement, fire, and rescue
personnel in the performance of their official duties on Reclamation
facilities, lands, and waterbodies;
(2) An employee or agent of the Federal, State, or local
government, or other political subdivision, when the employee or agent
is carrying out official duties; or
(3) An employee or agent of an entity that has entered into a
contract or agreement with Reclamation to administer, operate,
maintain, patrol, or provide security for Reclamation facilities,
lands, and waterbodies, when the employee or agent is working within
the scope of the defined activities described in the contract or
agreement.
(c) If a non-Federal entity has assumed responsibility for
operating, maintaining, or managing Reclamation facilities, lands, or
waterbodies through a contract or other written agreement, public
conduct in and on those Reclamation facilities, lands, and waterbodies
will be regulated by this part 423 as well as any regulations
established by the entity, the terms of the entity's contract with
Reclamation, and applicable Federal, State, and local law.
(d) Public conduct on Reclamation facilities, lands, and
waterbodies administered by other Federal agencies under statute or
other authority will be governed by the regulations of those agencies
rather than this part 423. However, Reclamation retains the authority
to take necessary actions to safeguard the security and safety of the
public and such Reclamation facilities, lands, and waterbodies.
(e) This part applies on all Reclamation facilities, lands, and
waterbodies that are subject to Treaties with, and Federal laws
concerning the rights of, federally recognized tribes, and individual
Indians who are members thereof, to the extent that this part is
consistent with those Treaties and Federal laws.
(f) This part 423 and other Federal laws will govern over any
conflicting regulations of a non-Federal entity.
Subpart B--Areas Open and Closed to Public Use
Sec. 423.10 What areas are open to public use?
All Reclamation facilities, lands, and waterbodies are open to
lawful use by the public unless they are closed to public use under
this Subpart B of this part 423, or as provided by 43 CFR part 420,
Off-Road Vehicle Use.
Sec. 423.11 What areas are closed to public use?
The following Reclamation facilities, lands, and waterbodies, or
portions thereof, are closed to public use:
(a) Those that were closed to public use as of April 17, 2006, as
evidenced by fencing, gates, barriers, locked doors, road closures,
signage, posting of notices, or other reasonably obvious means, as
provided in Sec. 423.14;
(b) Those that are closed after April 17, 2006 under Sec. 423.12;
(c) Those that are closed periodically and regularly under Sec.
423.13; and
(d) Those that are closed to off-road vehicle use pursuant to 43
CFR part 420.
Sec. 423.12 How will Reclamation notify the public of additional
closed areas?
(a) Non-emergency situations. In non-emergency situations, an
authorized official must provide 30 days advance public notice before
closing all or portions of Reclamation facilities, lands, or
waterbodies. The notice must include publication in a newspaper of
general circulation in the locale of the Reclamation facilities, lands,
or waterbodies to be closed. Non-emergency situations covered by this
section include:
(1) Protection and security of Reclamation facilities and of
Reclamation's employees and agents;
(2) Protection of public health and safety, cultural resources,
natural resources, scenic values, or scientific research activities;
(3) Safe and efficient operation and maintenance of Reclamation
projects;
(4) Reduction or avoidance of conflicts among visitor use
activities;
(5) National security; or
(6) Other reasons in the public interest.
(b) Emergency situations. In emergency situations where delay would
result in significant and immediate risks to public safety, security,
or other public concerns, an authorized official may close all or
portions of Reclamation facilities, lands, or waterbodies without
advance public notice.
Sec. 423.13 How will Reclamation establish periodic and regular
closures?
Reclamation facilities, lands, or waterbodies that are closed
periodically and regularly, regardless of the date of the initial
closure, must be noticed as provided in Sec. 423.12(a) only once, and
at any time the schedule of closure is changed.
Sec. 423.14 How will Reclamation post and delineate closed areas at
the site of the closure?
Before or at the time of closing all or portions of Reclamation
facilities, lands, or waterbodies to public use, the responsible
authorized official must indicate the closure by:
(a) Locked doors, fencing, gates, or other barriers;
(b) Posted signs and notices at conspicuous locations, such as at
normal points of entry and at reasonable intervals along the boundary
of the closed area; or
(c) Other reasonably obvious means including, but not limited to,
onsite personal contact with a uniformed official.
Sec. 423.15 How will Reclamation document closures or reopenings?
(a) The authorized official must document the reason(s) for
establishing any closure or reopening that occurs after April 17, 2006.
The official must do this before the closure or reopening, except in
the situations described in Sec. 423.12(b). In such situations, the
authorized official must complete the documentation as soon as
practicable.
(b) Documentation of a closure must cite one or more of the
conditions for closure described in Sec. 423.12 of this part.
(c) Documentation of closures or reopenings will be available to
the public upon request, except when the release of this documentation
could result in a breach of national security or the security of
Reclamation facilities.
Sec. 423.16 Who can be exempted from closures?
(a) You may be exempted from a closure, subject to any terms and
conditions established under paragraph (c) of this section, by written
authorization from the authorized official who effected or who is
responsible for the closure, if you are:
(1) A person with a license or concession agreement that requires
you to have access to the closed Reclamation facilities, lands, or
waterbodies;
(2) An owner or lessee of real property, resident, or business in
the vicinity of closed Reclamation facilities, lands, or waterbodies
who cannot reasonably gain access to your property,
[[Page 75352]]
residence, or place of business without entering and crossing such
closed Reclamation facilities, lands, or waterbodies; or
(3) A holder of a permit granting you an exemption from the closure
issued under Subpart D of this part 423 by the authorized official who
effected or who is responsible for the closure.
(b) You may request exemption from a closure by writing to the
authorized official who effected or who is responsible for the closure.
You need not do so if you have such an exemption in effect on April 17,
2006.
(c) An authorized official may establish terms and conditions on
any exemption from a closure, or terminate such exemption, for any of
the reasons listed in Sec. 423.12.
Sec. 423.17 How will Reclamation reopen closed areas?
An authorized official may reopen to public use any Reclamation
facilities, lands, and waterbodies, or portions thereof. The authorized
official may do this at any time with advance or subsequent public
notice, except as required by other statute or regulation, and must
document the reopening as provided in Sec. 423.15.
Sec. 423.18 Use of closures.
Closures are to be used only where all public access is to be
prohibited. Special use areas are to be used to restrict specific
activities as set forth in Subpart E of this part 423.
Subpart C--Rules of Conduct
Sec. 423.20 General rules.
(a) You must obey all applicable Federal, State, and local laws
whenever you are at or on any Reclamation facilities, lands, or
waterbodies.
(b) You must comply with all provisions of this Subpart C whenever
you are at or on any Reclamation facilities, lands, or waterbodies,
except as specifically provided by:
(1) A permit issued by an authorized official under Subpart D of
this part 423;
(2) A contract with Reclamation or agency managing Reclamation
facilities, lands, and waterbodies;
(3) The rules established by an authorized official in a special
use area under Subpart E of this part 423; or
(4) A right-of-use issued under 43 CFR part 429.
Sec. 423.21 Responsibilities.
(a) You are responsible for finding, being aware of, and obeying
all applicable laws and regulations, as well as notices and postings of
closed and special use areas established by an authorized official
under Subpart B and Subpart E of this part 423.
(b) You are responsible for the use of any device, vehicle, vessel,
or aircraft you own, lease, or operate on Reclamation facilities,
lands, or waterbodies. You may be issued a citation for a violation of
regulations, including non-compliance with limitations, restrictions,
closures, or special use areas applicable to the use of any device,
vehicle, vessel, or aircraft as provided in this part as the owner,
lessee, or operator.
(c) You are responsible for the use and treatment of Reclamation
facilities, lands, and waterbodies, and the cultural resources,
wildlife, and other natural resources located thereon, by you and those
for whom you are legally responsible. This presumption is sufficient to
issue a citation to you for violation of provisions of these
regulations by you or by those for whom you are legally responsible.
(d) The regulations governing permits, other use authorizations,
and fees on Reclamation lands that are found in Subpart D of this part
423 apply to your use of Reclamation facilities, lands, and
waterbodies.
(e) You must furnish identification information upon request by a
law enforcement officer.
Sec. 423.22 Interference with agency functions and disorderly
conduct.
(a) You must not assault, threaten, disturb, resist, intimidate,
impede, or interfere with any employee or agent of Federal, State, or
local government engaged in an official duty.
(b) You must comply with any lawful order of an authorized
government employee or agent for the purpose of maintaining order and
controlling public access and movement during law enforcement actions
and emergency or safety-related operations.
(c) You must not knowingly give a false report or other false
information to an authorized government employee or agent.
(d) You must not interfere with, impede, or disrupt the authorized
use of Reclamation facilities, lands, or waterbodies or impair the
safety of any person.
(e) The following acts constitute disorderly conduct and are
prohibited:
(1) Fighting, or threatening or violent behavior;
(2) Language, utterance, gesture, display, or act that is obscene,
physically threatening or menacing, or that is likely to inflict injury
or incite an immediate breach of the peace;
(3) Unreasonable noise, considering the nature and purpose of the
person's conduct, location, time of day or night, and other factors
that would govern the conduct of a reasonably prudent person under the
circumstances;
(4) Creating or maintaining a hazardous or physically offensive
condition; or
(5) Any other act or activity that may cause or create public
alarm, nuisance, or bodily harm.
Sec. 423.23 Abandonment and impoundment of personal property.
(a) You must not abandon personal property of any kind in or on
Reclamation facilities, lands, or waterbodies.
(b) You must not store or leave unattended personal property of any
kind.
(1) Unattended personal property is presumed to be abandoned:
(i) After a period of 24 hours;
(ii) At any time after a posted closure takes effect under Subpart
B of this part 423; or
(iii) At any time for reasons of security, public safety, or
resource protection.
(2) If personal property is presumed abandoned, an authorized
official may impound it, store it, and assess a reasonable impoundment
fee.
(3) The impoundment fee must be paid before the authorized official
will return the impounded property to you.
(c) An authorized official may impound or destroy unattended
personal property at any time if it:
(1) Interferes with safety, operation, or management of Reclamation
facilities, lands, or waterbodies; or
(2) Presents a threat to persons or Reclamation project resources.
(d) An authorized official may dispose of abandoned personal
property in accordance with the procedures contained in title 41 CFR
and applicable Reclamation and Department of the Interior policy.
Sec. 423.24 Trespassing.
You must not trespass on Reclamation facilities, lands, and
waterbodies. Trespass includes any of the following acts:
(a) Unauthorized possession or occupancy of Reclamation facilities,
lands, or waterbodies;
(b) Personal entry, presence, or occupancy on or in any portion or
area of Reclamation facilities, lands, or waterbodies that have been
closed to public use pursuant to Subpart B of this part 423;
(c) Unauthorized extraction or disturbance of natural or cultural
resources located on Reclamation facilities, lands, or waterbodies;
[[Page 75353]]
(d) Unauthorized conduct of commercial activities on Reclamation
facilities, lands, or waterbodies;
(e) Holding unauthorized public gatherings on Reclamation
facilities, lands, or waterbodies; or
(f) Unauthorized dumping or abandonment of personal property on
Reclamation facilities, lands, or waterbodies.
Sec. 423.25 Vandalism, tampering, and theft.
(a) You must not tamper or attempt to tamper with, move,
manipulate, operate, adjust, or set in motion property not under your
lawful control or possession including, but not limited to, vehicles,
equipment, controls, recreational facilities, and devices.
(b) You must not destroy, injure, deface, damage, or unlawfully
remove property not under your lawful control or possession.
(c) You must not drop, place, throw, or roll rocks or other items
inside, into, down, or from, dams, spillways, dikes, or other
structures and facilities.
Sec. 423.26 Public events and gatherings.
You must not conduct public assemblies, meetings, gatherings,
demonstrations, parades, and other events without a permit issued
pursuant to Subpart D of this part 423. Public gatherings that involve
the possession or occupancy of Reclamation facilities, lands, and
waterbodies are governed by 43 CFR part 429.
Sec. 423.27 Advertising and public solicitation.
You must not engage in advertising or solicitation on Reclamation
facilities, lands, or waterbodies except as allowed under a valid
contract with Reclamation, or as allowed by a permit issued pursuant to
Subpart D of this part 423.
Sec. 423.28 Memorials.
You must not bury, deposit, or scatter human or animal remains, or
place memorials, markers, vases, or plaques on Reclamation facilities,
lands, or waterbodies. This section does not apply to the burial of
parts of fish or wildlife taken in legal hunting, fishing, or trapping.
Sec. 423.29 Natural and cultural resources.
(a) You must not destroy, injure, deface, remove, search for,
disturb, or alter natural resources or cultural resources, including
abandoned buildings or structures, on or in Reclamation facilities,
lands, or waterbodies except in accordance with Sec. 423.29(g) and
other applicable Federal, State, and local laws.
(b) You must not introduce wildlife, fish, or plants, including
their reproductive bodies, into Reclamation lands and waterbodies.
(c) You must not drop, place, throw, or roll rocks or other items
inside, into, at, or down, caves, caverns, valleys, canyons,
mountainsides, thermal features, or other natural formations.
(d) You may bring firewood to or gather dead wood on Reclamation
lands for fires as allowed under Sec. 423.31. You must not damage or
remove any live tree or part thereof except with proper authorization
under 43 CFR part 429.
(e) You must not walk on, climb, enter, ascend, descend, or
traverse cultural resources on Reclamation lands, including monuments
or statues, except as specifically allowed in special use areas
designated by an authorized official under Subpart E of this part 423.
(f) You must not possess a metal detector or other geophysical
discovery device, or use a metal detector or other geophysical
discovery techniques to locate or recover subsurface objects or
features on Reclamation lands, except:
(1) When transporting, but not using, a metal detector or other
geophysical discovery device in a vehicle on a public road as allowed
under applicable Federal, State, and local law; or
(2) As allowed by a permit issued pursuant to Subpart D of this
part 423.
(g) You may engage in renewable natural resource gathering
activities such as picking berries and mushrooms, collecting antlers,
and other similar activities as regulated by this part 423 and other
applicable Federal, State, and local laws.
Sec. 423.30 Weapons, firearms, explosives, and fireworks.
(a) You may possess firearms, ammunition, bows and arrows,
crossbows, or other projectile firing devices on Reclamation lands and
waterbodies, provided the firearm, ammunition, or other projectile
firing device is stowed, transported, and/or carried in compliance with
applicable Federal, State, and local law, with the following
exceptions:
(1) You must not have a weapon in your possession when at or in a
Reclamation facility.
(2) You must comply with any prohibitions or regulations applicable
to weapons in a special use area established by an authorized official
under Subpart E of this part 423.
(b) You must not discharge or shoot a weapon unless you are:
(1) Using a firearm or other projectile firing device lawfully for
hunting or fishing as allowed under Sec. 423.32, or at an authorized
shooting or archery range; and
(2) In compliance with applicable Federal, State, and local law.
(c) You must not use or possess explosives, or fireworks or
pyrotechnics of any type, except as allowed by a permit issued pursuant
to Subpart D of this part 423, or in special use areas so designated by
an authorized official under Subpart E of this part 423.
Sec. 423.31 Fires and flammable material.
(a) You must not leave a fire unattended, and it must be completely
extinguished before your departure.
(b) You must not improperly dispose of lighted smoking materials,
including cigarettes, cigars, pipes, matches, or other burning
material.
(c) You must not burn materials that produce toxic fumes,
including, but not limited to, tires, plastic, flotation materials, or
treated wood products.
(d) You must not transport gasoline and other fuels in containers
not designed for that purpose.
(e) You must comply with all applicable Federal, State, and local
fire orders, restrictions, or permit requirements.
Sec. 423.32 Hunting, fishing, and trapping.
(a) You may hunt, fish, and trap in accordance with applicable
Federal, State, and local laws, and subject to the restrictions of
Sec. 423.30, in areas where both of the following conditions are met:
(1) The area is not closed to public use under Subpart B of this
part 423; and
(2) The area has not been otherwise designated by an authorized
official in a special use area under Subpart E of this part 423.
(b) You must comply with any additional restrictions pertaining to
hunting, fishing, and trapping established by an authorized official in
a special use area under Subpart E of this part 423.
Sec. 423.33 Camping.
(a) You may camp on Reclamation lands, except that you must comply
with any restrictions, conditions, limitations, or prohibitions on
camping established by an authorized official in a special use area
under Subpart E of this part 423.
(b) You must not camp on Reclamation lands at any single
Reclamation project for more than 14 days during any period of 30
consecutive days, except as allowed by a permit issued under 43 CFR
part 429;
(c) You must not attempt to reserve a campsite for future use by
placing equipment or other items on the campsite, or by personal
appearance,
[[Page 75354]]
without camping on and paying the required fees for that campsite
daily;
(d) You must not camp on or place any equipment at a campsite that
is posted or otherwise marked as ``reserved'' or ``closed'' by an
authorized official without a valid reservation for that campsite,
except as allowed by a permit issued under Subpart D of this part 423;
and
(e) You must not dig in or level any ground, or erect any structure
other than a tent, in a designated campground.
Sec. 423.34 Sanitation.
(a) You must not bring or improperly dispose of refuse on
Reclamation facilities, lands, and waterbodies. Both the owner and the
person bringing or disposing refuse may be issued a citation for
violating this provision.
(b) Campers, picnickers, and all other persons using Reclamation
lands must keep their sites free of trash and litter during the period
of occupancy and must remove all personal equipment and clean their
sites before departure.
(c) You must not place or construct a toilet or latrine such that
its lowest point is lower than the high water mark of any Reclamation
waterbody, or within 150 feet horizontally of the high water mark of
any Reclamation waterbody.
Sec. 423.35 Animals.
(a) You must not bring pets or other animals into public buildings,
public transportation vehicles, or sanitary facilities. This provision
does not apply to properly trained animals assisting persons with
disabilities, such as seeing-eye dogs.
(b) You must not abandon any animal on Reclamation facilities,
lands, or waterbodies, or harass, endanger, or attempt to collect any
animal except game you are attempting to take in the course of
authorized hunting, fishing, or trapping.
(c) Any unauthorized, unclaimed, or unattended animal on
Reclamation lands may be:
(1) Removed in accordance with Federal law, and applicable State
and local laws; and
(2) Confined at a location designated by an authorized official,
who may assess a reasonable impoundment fee that must be paid before
the impounded animal is released to its owner.
(d) The following animals are prohibited and are subject to removal
in accordance with Federal law, and applicable State and local laws:
(1) Captive wild or exotic animals (including, but not limited to,
cougars, lions, bears, bobcats, wolves, and snakes), except as allowed
by a permit issued under Subpart D of this part 423; and
(2) Any pets or animals displaying vicious or aggressive behavior
or posing a threat to public safety or deemed a public nuisance.
Sec. 423.36 Swimming.
(a) You may swim, wade, snorkel, scuba dive, raft, or tube at your
own risk in Reclamation waters, except:
(1) Within 300 yards of dams, power plants, pumping plants,
spillways, stilling basins, gates, intake structures, and outlet works;
(2) Within 100 yards of buoys or barriers marking public access
limits;
(3) In canals, laterals, siphons, tunnels, and drainage works;
(4) At public docks, launching sites, and designated mooring areas;
or
(5) As otherwise delineated by signs or other markers.
(b) You must display an international diver down, or inland diving
flag in accordance with State and U.S. Coast Guard guidelines when
engaging in any underwater activities.
(c) You must not dive, jump, or swing from dams, spillways,
bridges, cables, towers, or other structures.
Sec. 423.37 Winter activities.
(a) You must not tow persons on skis, sleds, or other sliding
devices with a motor vehicle or snowmobile, except that you may tow
sleds designed to be towed behind snowmobiles if joined to the towing
snowmobile with a rigid hitching mechanism, and you may tow disabled
snowmobiles by any appropriate means.
(b) You must not ice skate, ice fish, or ice sail within 300 yards
of dams, power plants, pumping plants, spillways, stilling basins,
gates, intake structures, or outlet works.
(c) You must comply with all other posted restrictions.
Sec. 423.38 Operating vessels on Reclamation waters.
(a) You must comply with Federal, State, and local laws applicable
to the operation of a vessel, other watercraft, or seaplane on
Reclamation waters, and with any restrictions established by an
authorized official.
(b) You must not operate a vessel, other watercraft, or seaplane in
an area closed to the public.
(c) You must observe restrictions established by signs, buoys, and
other regulatory markers.
(d) You must not operate a vessel, or knowingly allow another
person to operate a vessel, in a reckless or negligent manner, or in a
manner that endangers or is likely to endanger a person, property,
natural resource, or cultural resource.
(e) You must not operate a vessel when impaired or intoxicated
under the standards established by applicable State and local law.
(f) You must not occupy a vessel overnight, except where otherwise
designated under applicable Federal, State, or local law, or where
otherwise designated by an authorized official in a special use area.
(g) You must not use a vessel as a place of habitation or
residence.
(h) You must remove your vessels from Reclamation lands and waters
when not in actual use for a period of more than 24 hours, unless they
are securely moored or stored at special use areas so designated by an
authorized official.
(i) You must not attach or anchor a vessel to structures such as
locks, dams, regulatory or navigational buoys, or other structures not
designed for such purpose.
(j) You must display an international diver down, or inland diving
flag in accordance with State and U.S. Coast Guard guidelines when
operating a vessel involved in any underwater activities.
(k) You may engage in towing activities, including, but not limited
to, waterskiing and tubing, only during daylight hours and subject to
any applicable Federal, State, and local law.
Sec. 423.39 Standards for vessels.
(a) All vessels on Reclamation waters must:
(1) Be constructed and maintained in compliance with the standards
and requirements established by, or promulgated under, Title 46 United
States Code, and any applicable State and local laws and regulations;
(2) Have safety equipment, including personal flotation devices, on
board in compliance with U.S. Coast Guard boating safety requirements
and in compliance with applicable State and local boating safety laws
and regulations; and
(3) If motorized, have and utilize a proper and effective exhaust
muffler as defined by applicable State and local laws. Actions or
devices which render exhaust mufflers ineffective are prohibited.
(b) Owners or operators of vessels not in compliance with this
Sec. 423.39 may be required to remove the vessel immediately from
Reclamation waterbodies until items of non-compliance are corrected.
Sec. 423.40 Vehicles.
(a) When operating a vehicle on Reclamation lands and Reclamation
[[Page 75355]]
projects, you must comply with applicable Federal, State, and local
laws, and with posted restrictions and regulations. Operating any
vehicle through, around, or beyond a restrictive sign, recognizable
barricade, fence, or traffic control barricade, is prohibited.
(b) You must not park a vehicle in violation of posted restrictions
and regulations, or in a manner that would obstruct or impede normal or
emergency traffic movement or the parking of other vehicles, create a
safety hazard, or endanger any person, property, or natural feature.
Vehicles so parked are subject to removal and impoundment at the
owner's expense.
(c) You must not operate any vehicle, or allow another person to
operate a vehicle in your control, in a careless, negligent or reckless
manner that would endanger any person, property, natural resource, or
cultural resource.
(d) In addition to the regulations in this part, the regulations
governing off-road-vehicle use in 43 CFR part 420 apply.
Sec. 423.41 Aircraft.
(a) You must comply with any applicable Federal, State, and local
laws, and with any additional requirements or restrictions established
by an authorized official in a special use area under Subpart E of this
part 423, with respect to aircraft landings, takeoffs, and operation on
or in the proximity of Reclamation facilities, lands, and waterbodies.
Pilots are responsible for awareness of all applicable laws,
regulations, requirements, and restrictions. This paragraph does not
apply to pilots engaged in emergency rescue or in the official business
of Federal, State, or local governments or law enforcement agencies, or
who are forced to land due to circumstances beyond the pilot's control.
(b) You must not operate any aircraft while on or above Reclamation
facilities, lands, and waterbodies in a careless, negligent, or
reckless manner so as to endanger any person, property, or natural
feature.
(c) This section does not provide authority to deviate from Federal
or State regulations, or prescribed standards, including, but not
limited to, regulations and standards concerning pilot certifications
or ratings and airspace requirements.
(d) Except in extreme emergencies threatening human life or serious
property loss, you must not use non-standard boarding and loading
procedures to deliver or retrieve people, material, or equipment by
parachute, balloon, helicopter, or other aircraft.
(e) You must comply with all applicable U.S. Coast Guard rules when
operating a seaplane on Reclamation waterbodies.
(f) You must securely moor any seaplane remaining on Reclamation
waterbodies in excess of 24 hours at mooring facilities and locations
designated by an authorized official. Seaplanes may be moored for
periods of less than 24 hours on Reclamation waterbodies, except in
special use areas otherwise designated by an authorized official,
provided:
(1) The mooring is safe, secure, and accomplished so as not to
damage the rights of the Government or the safety of persons; and
(2) The operator remains in the vicinity of the seaplane and
reasonably available to relocate the seaplane if necessary.
(g) You must not operate model aircraft except as allowed in
special use areas established by an authorized official under Subpart E
of this part 423.
Sec. 423.42 Gambling.
Commercial gambling in any form, or the operation of gambling
devices, is prohibited on Reclamation facilities, lands, and
waterbodies unless authorized by applicable treaties or Federal, State,
and local laws or regulations.
Sec. 423.43 Alcoholic beverages.
You must not possess or consume alcoholic beverages in violation of
Federal, State, or local law, or the rules of a special use area
established by an authorized official under Subpart E of this part 423.
Sec. 423.44 Controlled substances.
You must not possess, consume, deliver, or be under the influence
of, controlled substances included in schedules I, II, III, IV, or V of
part B of the Controlled Substance Act (21 U.S.C. 812) on Reclamation
facilities, lands, or waterbodies, unless the controlled substance was
legally obtained through a valid prescription or order.
Subpart D--Authorization of Otherwise Prohibited Activities
Sec. 423.50 How can I obtain permission for prohibited or restricted
uses and activities?
(a) Authorized officials may issue permits to authorize activities
on Reclamation facilities, lands, or waterbodies otherwise prohibited
or restricted by Sec. Sec. 423.16(a)(3), 423.26, 423.27, 423.29(f),
423.30(c), 423.33(d), and 423.35(d)(1), and may terminate or revoke
such permits for non-use, non-compliance with the terms of the permit,
violation of any applicable law, or to protect the health, safety, or
security of persons, Reclamation assets, or natural or cultural
resources.
(b) You may apply for permission to engage in activities otherwise
prohibited or restricted by the sections listed in paragraph (a) of
this section. You may apply to the authorized official responsible for
the area in which your activity is to take place, and this authorized
official may grant, deny, or establish conditions or limitations on
this permission.
(c) You must pay all required fees and properly display applicable
permits, passes, or receipts.
(d) You must not violate the terms and conditions of a permit
issued by an authorized official. Any such violation is prohibited and
may result in suspension or revocation of the permit, or other
penalties as provided in Subpart F of this part 423, or both.
(e) You must, upon request by a law enforcement officer, security
guard, or other government employee or agent acting within the scope of
their official duties, display any permit authorizing your presence or
activity on Reclamation facilities, lands, and waterbodies.
Subpart E--Special Use Areas
Sec. 423.60 How special use areas are designated.
(a) After making a determination under paragraph (b) of this
section, an authorized official may:
(1) Establish special use areas within Reclamation facilities,
lands, or waterbodies for application of reasonable schedules of
visiting hours; public use limits; and other conditions, restrictions,
allowances, or prohibitions on particular uses or activities that vary
from the provisions of Subpart C of this part 423, except Sec. 423.28;
and
(2) From time to time revise the boundaries of a previously
designated special use area and revise or terminate previously imposed
schedules of visiting hours; public use limits; and other conditions,
restrictions, allowances, or prohibitions on a use or activity.
(b) Before taking action under paragraph (a) of this section, an
authorized official must make a determination that action is necessary
for:
(1) The protection of public health and safety;
(2) The protection and preservation of cultural and natural
resources;
(3) The protection of environmental and scenic values, scientific
research, the security of Reclamation facilities, the avoidance of
conflict among visitor use activities; or
[[Page 75356]]
(4) Other reasons in the public interest.
(c) An authorized official establishing a special use area must
document in writing the determination described in paragraph (b) of
this section. Such documentation must occur before the action, except
in emergencies or situations of immediate need as described in Sec.
423.61(c), in which case the documentation is required within 30 days
after the date of the action. Reclamation will make documents produced
under this section available to the public upon request except where
such disclosure could compromise national or facility security, or
human safety.
Sec. 423.61 Notifying the public of special use areas.
When establishing, revising, or terminating a special use area,
Reclamation must notify the public as required by this section.
(a) What notices must contain. The notice must specify:
(1) The location of the special use area; and
(2) The public use limits, conditions, restrictions, allowances, or
prohibitions on uses and activities that are to be applied to the area
or that are to be revised or terminated.
(b) How notice must be made. Reclamation must notify the public at
least 15 days before the action takes place by one or more of the
following methods:
(1) Signs posted at conspicuous locations, such as normal points of
entry and reasonable intervals along the boundary of the special use
area;
(2) Maps available in the local Reclamation office and other places
convenient to the public;
(3) Publication in a newspaper of general circulation in the
affected area; or
(4) Other appropriate methods, such as the use of electronic media,
brochures, and handouts.
(c) When notice may be delayed.
(1) Notice under this section may be delayed in an emergency or
situation of immediate need where delaying designation, revision, or
termination of a special use area would result in significant risk to:
(i) National security;
(ii) The safety or security of a Reclamation facility, Reclamation
employees, or the public; or
(iii) The natural or cultural environment.
(2) If the exception in paragraph (c)(1) of this section applies,
Reclamation must comply with paragraph (b) of this section within 30
days after the effective date of the designation.
(3) Failure to meet the notice deadlines in paragraphs (b) or
(c)(2) of this section will not invalidate an action, so long as
Reclamation meets the remaining notification requirements of this
section.
(d) When advance notice is not required. Advance notice as
described in paragraph (b) of this section is not required if all the
following conditions are met:
(1) The action will not result in a significant change in the
public use of the area;
(2) The action will not adversely affect the area's natural,
esthetic, scenic, or cultural values;
(3) The action will not require a long-term or significant
modification in the resource management objectives of the area; and
(4) The action is not highly controversial.
Sec. 423.62 Reservations for public use limits.
To implement a public use limit, an authorized official may
establish a registration or reservation system.
Sec. 423.63 Existing special use areas.
Areas where rules were in effect on April 17, 2006 that differ from
the rules set forth in Subpart C are considered existing special use
areas, and such differing rules remain in effect to the extent allowed
by Subpart A, and to the extent they are consistent with Sec. 423.28.
For those existing special use areas, compliance with Sec. Sec. 423.60
through 423.62 is not required until the rules applicable in those
special use areas are modified or terminated.
Subpart F--Violations and Sanctions
Sec. 423.70 Violations.
(a) When at, in, or on Reclamation facilities, lands, or
waterbodies, you must obey and comply with:
(1) Any closure orders established under Subpart B of this part
423;
(2) The regulations in Subpart C of this part 423;
(3) The conditions established by any permit issued under Subpart D
of this part 423; and
(4) The regulations established by an authorized official in
special use areas under Subpart E of this part 423.
(b) Violating any use or activity prohibition, restriction,
condition, schedule of visiting hours, or public use limit established
by or under this part 423 is prohibited.
(c) Any continuous or ongoing violation of these regulations
constitutes a separate violation for each calendar day in which it
occurs.
Sec. 423.71 Sanctions.
Under section (1)(a) of Public Law 107-69, you are subject to a
fine under chapter 227, subchapter C of title 18 United States Code (18
U.S.C. 3571), or can be imprisoned for not more than 6 months, or both,
if you violate:
(a) The provisions of this part 423; or
(b) Any condition, limitation, closure, prohibition on uses or
activities, or public use limits, imposed under this part 423.
[FR Doc. E8-29088 Filed 12-10-08; 8:45 am]
BILLING CODE 4310-MN-P