(b) Where such fees are charged, the District Commander shall insure that clear notice
those portions of the navigable waters of the United States where this provision is
327.30 Shoreline Management on Civil Works Projects
of fee requirements is prominently posted at each area, and at appropriate locations
applicable and post notices of this designation in the vicinity of the appropriate
(a) Purpose. The purpose of this regulation is to provide policy and guidance on
therein and that the notice be included in publications distributed at such areas. Failure
Manager's office.
management of shorelines of Civil Works projects where 36 CFR Part 327 is
to pay authorized recreation use fees as established pursuant to Pub. L. 88-578, 78 Stat.
applicable.
897, as amended (16 U.S.C. 460l-6a), is prohibited and is punishable by a fine of not
(c) Permits for non-floating structures (issued under the authority of Sec. 327.30) of
more than 0.
any kind constructed, placed in or affecting waters of water resources development
(A complete copy of 327.30 is available at the Resource Manager's Office, District
projects where such waters are deemed navigable waters of the U.S. shall be issued
Office, Division Office or from HQUSACE CECW-ON, Washington, DC 20314-
(c) Failure to pay authorized day use fees, and/or properly display applicable receipt,
under the provisions of section 10 of the Rivers and Harbors Act approved March 3,
1000.)
permit or pass is prohibited.
1899 (33 U.S.C. 403). If a discharge of dredged or fill material in these waters is
involved, a permit is required under Section 404 of the Clean Water Act (33 U.S.C.
(d) Any Golden Age or Golden Access Passport permittee shall be entitled, upon
1344). (See 33 CFR parts 320 through 330.)
presentation of such a permit, to utilize special recreation facilities at a rate of 50
percent off the established use fee at Federally operated areas. Fraudulent use of a
(d) Permits for non-floating structures (issued under the authority of Sec. 327.30) of
Golden Age or Golden Access Passport is prohibited.
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
A violation of the provisions of this regulation shall
deemed navigable waters of the United States, shall be issued as set forth in paragraph
327.24 Interference with Government employees.
subject the violator to a fine of not more than 00.00
(b) of this section. If a discharge of dredged or fill material into any water of the United
(a) It is a Federal crime pursuant to the provisions of sections 111 and 1114 of Title 18,
States is involved, a permit is required under section 404 of the Clean Water Act (33
or imprisonment for not more than 6 months, or both.
United States Code, to forcibly assault, resist, oppose, impede, intimidate, or interfere
U.S.C. 1344) (See 33 CFR parts 320 through 330). Water quality certification may be
with, attempt to kill or kill any civilian official or employee of the U.S. Army Corps of
required pursuant to Section 401 of the Clean Water Act (33 U.S.C. 1341).
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
(e) Shoreline Use Permits to authorize private shoreline use facilities, activities or
Federal employee while carrying out the regulations in this part are also a violation of
development (issued under the authority of section 327.30) may be issued in
In the interest of more effective resource management and to
such regulations and may be a state crime pursuant to the laws of the state where they
accordance with the project Shoreline Management Plan. Failure to comply with the
increase the overall enjoyment of the visitor experience available
occur.
permit conditions issued under Section 327.30 is prohibited.
at Corps of Engineers water resources development projects, the
(b) Failure to comply with a lawful order issued by a Federal employee acting pursuant
327.20 Unauthorized structures.
preceding rules and regulations have been established. Your
to the regulations in this part shall be considered as interference with that employee
observance of these rules while a visitor to these projects will
while engaged in the performance of their official duties. Such interference with a
The construction, placement, or existence of any structure (including, but not limited
make your visit and the visits of others more pleasant and
Federal employee includes failure to provide a correct name, address or other
to, roads, trails, signs, non-portable hunting stands or blinds, buoys, docks, or
information deemed necessary for identification upon request of the Federal employee,
landscape features) of any kind under, upon, in or over the project lands, or waters is
enjoyable.
when that employee is authorized by the District Commander to issue citations in the
prohibited unless a permit, lease, license or other appropriate written authorization has
performance of the employee's official duties.
been issued by the District Commander. The design, construction, placement, existence
or use of structures in violation of the terms of the permit, lease, license, or other
written authorization is prohibited. The government shall not be liable for the loss of,
327.25 Violations of rules and regulations.
or damage to, any private structures, whether authorized or not, placed on project lands
(a) Any person who violates the provisions of the regulations in this part, other than for
or waters. Unauthorized structures are subject to summary removal or impoundment by
a failure to pay authorized recreation use fees as separately provided for in Sec. 327.23,
the District Commander. Portable hunting stands, climbing devices, steps, or blinds,
may be punished by a fine of not more than ,000 or imprisonment for not more than
that are not nailed or screwed into trees and are removed at the end of a day's hunt may
six months or both and may be tried and sentenced in accordance with the provisions of
be used.
section 3401 of Title 18, United States Code. Persons designated by the District
Commander shall have the authority to issue a citation for violation of the regulations
327.21 Special events.
in this part, requiring any person charged with the violation to appear before the United
States Magistrate within whose jurisdiction the affected water resources development
(a) Special events including, but not limited to, water carnivals, boat regattas, fishing
project is located (16 U.S.C. 460d).
tournaments, music festivals, dramatic presentations or other special recreation
programs are prohibited unless written permission has been granted by the District
(b) Any person who commits an act against any official or employee of the U.S. Army
Commander. Where appropriate, District Commanders can provide the state a blanket
Corps of Engineers that is a crime under the provisions of section 111 or section 1114
letter of permission to permit fishing tournaments while coordinating the scheduling
of Title 18, United States Code or under provisions of pertinent state law may be tried
and details of tournaments with individual projects. An appropriate fee may be charged
and sentenced as further provided under Federal or state law, as the case may be.
under the authority of Sec. 327.23.
(b) The public shall not be charged any fee by the sponsor of such event unless the
327.26 State and local laws.
District Commander has approved in writing (and the sponsor has properly posted) the
(a) Except as otherwise provided in this part or by Federal law or regulation, state and
proposed schedule of fees. The District Commander shall have authority to revoke
local laws and ordinances shall apply on project lands and waters. This includes, but is
permission, require removal of any equipment, and require restoration of an area to
not limited to, state and local laws and ordinances governing:
pre-event condition, upon failure of the sponsor to comply with terms and conditions of
the permit/permission or the regulations in this part 327.
(1) Operation and use of motor vehicles, vessels, and aircraft;
327.22 Unauthorized occupation.
(2) Hunting, fishing and trapping;
(a) Occupying any lands, buildings, vessels or other facilities within water resource
(3) Use or possession of firearms or other weapons;
development projects for the purpose of maintaining the same as a full- or part-time
residence without the written permission of the District Commander is prohibited. The
(4) Civil disobedience and criminal acts;
provisions of this section shall not apply to the occupation of lands for the purpose of
camping, in accordance with the provisions of Sec. 327.7.
(5) Littering, sanitation and pollution; and
(b) Use of project lands or waters for agricultural purposes is prohibited except when in
(6) Alcohol or other controlled substances.
compliance with terms and conditions authorized by lease, license or other written
agreement issued by the District Commander.
(b) These state and local laws and ordinances are enforced by those state and local
enforcement agencies established and authorized for that purpose.
327.23 Recreation use fees.
(a) In accordance with the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
327.27 (Reserved)
460l) and the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, the Corps
of Engineers collects day use fees, special recreation use fees and/or special permit fees
327.28 (Reserved)
for the use of specialized sites, facilities, equipment or services related to outdoor
recreation furnished at Federal expense.
327.29 (Reserved)
THIS REVISION SUPERSEDES EP 1165-2-316, May 1986
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