EP 1165-2-1
30 Jul 99
the various uses. Where a demand exists, consideration is given to
providing separate specific trails for snowmobiles, trail bikes, and
similar motorized vehicles. Such trails are located to minimize
damage to soil, vegetation, or other resources of the public lands, to
minimize harassment of wildlife or disruption of wildlife habitats,
and to minimize conflicts with other existing or proposed recreation
uses. Full public participation is sought through public meetings in
the process of designation of areas or trails for off-road vehicles.
(ER 1130-2-550, EP 1130-2-550)
c. Private Exclusive Use. Water and land areas at Corps
projects are maintained for the benefit of the general public. Since
the early l960's, the permanent siting of floating cabins, cottages
and non-transient mobile homes and trailers for private exclusive use
at project areas has been discouraged. However, Section 6 of Public
Law 97-140 established a moratorium until 31 December 1989 on enforced
removal of certain existing private exclusive use type structures and
Section 1134 of the WRDA of 1986 (Public Law 99-662) extended the
moratorium, indefinitely, for all such leased or permitted structures
that existed on 17 November 1986 (date of the Act) if certain
conditions (detailed in the Act) are met. Present policy stresses
procedures for management based on regional, project or site specific
considerations. These established procedures are applicable to all
new, expanded or existing developments. Division commanders' regional
plans pertaining to private exclusive use are in effect for each
respective division. (ER 1130-2-540)
d. Alchoholic Beverages. The sale of alcholic beverages on
Corps projects by lessees is permitted only in accordance with state
and local laws and regulations in those facilities where such service
is traditionally found. Bar facilities are permitted only if offered
in connection with other approved activities. Advertising of such
beverages outside of buildings is not permitted. Carry-out package
sales of hard liquor is prohibited. (ER 1130-2-550)
e. Gambling. It is the policy of the Corps to prohibit
gambling on all leased premises, such as slot machines, video gambling
machines, or other casino-type devices that would detract from a
family atmosphere. However, District Commanders may allow the sale of
state lottery tickets, in accordance with state and local laws and
regulations, as long as the sale of tickets constitutes a collateral
activity, rather than primary activity of the lessee. In addition,
nonprofit organizations may be allowed to conduct some games of
chance, such as raffles, games or sporting events, under special use
permits in conjunction with special events on Corps lands, if
permissible under state laws and regulations. (ER 1130-2-550)
17-7. Protection of Recreational Uses at Civil Works Projects. A
project may have been constructed to serve only one purpose, but over
the years, recreational use of the structures may have evolved. As
the project ages, maintenance, repair, rehabilitation or
reconstruction may become necessary. The cost effective method of
rehabilitation may result in a structure unsuited to the recreation
which has evolved. Section 313 of WRDA 1990 provides that any
maintenance, repair, rehabilitation, or reconstruction which results
in a change in configuration of a structure should be carried out in a
manner which, to the maximum extent practicable, will not adversely
affect any existing recreational use even if the recreational use was
not an authorized purpose. If recreational uses are adversely
impacted they may be restored or alternatives provided for comparable
recreational use. Costs incurred shall be allocated to recreation and
shall be payable by the beneficiaries of the recreation.
17-11
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