Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies, 75347-75356 [E8-29088]

Download as PDF Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations American Petroleum Institute v. Johnson, 541 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions and restoring the regulatory definition of ‘‘navigable waters’’ promulgated by EPA in 1973. The final rule amended the definition of ‘‘navigable waters’’ in part 112 to comply with that decision. FOR FURTHER INFORMATION CONTACT: For general information, contact the Superfund, TRI, EPCRA, RMP and Oil Information Center at 800–424–9346 or TDD at 800–553–7672 (hearing impaired). In the Washington, DC metropolitan area, contact the Superfund, TRI, EPCRA, RMP and Oil Information Center at 703–412–9810 or TDD 703–412–3323. For more detailed information, contact Hugo Paul Fleischman of EPA at 202–564–1968, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington DC 20460–0002, Mail Code 5104A. Correction The Preamble of the final rule E8– 28123 published on November 26, 2008, beginning on page 71941 is corrected as follows: 1. On page 71941, second column, under the heading ‘‘Summary’’, the citation for American Petroleum Institute v. Johnson is corrected to read ‘‘541 F.Supp.2d 165’’ instead of ‘‘571 F.Supp.2d 165’’. 2. On page 71942, third column, first paragraph, the citation for American Petroleum Institute v. Johnson is corrected to read ‘‘541 F.Supp.2d 165’’ instead of ‘‘571 F.Supp.2d 165’’. Dated: December 4, 2008. Deborah Y. Dietrich, Director, Office of Emergency Management. [FR Doc. E8–29379 Filed 12–10–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Bureau of Reclamation 43 CFR Part 423 RIN 1006–AA55 Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies jlentini on PROD1PC65 with RULES AGENCY: Bureau of Reclamation, Interior. ACTION: Final rule. 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 VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 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 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 75347 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 E:\FR\FM\11DER1.SGM 11DER1 75348 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations 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). jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 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. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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. E:\FR\FM\11DER1.SGM 11DER1 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations Subpart D—Authorization of Otherwise Prohibited Activities 423.50 How can I obtain permission for prohibited or restricted uses and activities? 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. For the reasons stated in the preamble, 43 CFR part 423 is revised to read as follows: ■ Subpart F—Violations and Sanctions 423.70 Violations. 423.71 Sanctions. 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? jlentini on PROD1PC65 with RULES 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. VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 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. 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 § 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. § 423.2 part. Definitions of terms used in this 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 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 75349 apparent purpose of overnight occupancy. Closed means a prohibition to all public access. Cultural resource means any manmade 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. E:\FR\FM\11DER1.SGM 11DER1 jlentini on PROD1PC65 with RULES 75350 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations 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, VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 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 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 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. § 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 nonFederal entities, as further addressed in paragraph (c) of this section; (3) Certain exceptions apply on Reclamation facilities, lands, and waterbodies administered by other E:\FR\FM\11DER1.SGM 11DER1 jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations 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. VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 Subpart B—Areas Open and Closed to Public Use § 423.10 use? What areas are open to public 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. § 423.11 use? What areas are closed to public 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 § 423.14; (b) Those that are closed after April 17, 2006 under § 423.12; (c) Those that are closed periodically and regularly under § 423.13; and (d) Those that are closed to off-road vehicle use pursuant to 43 CFR part 420. § 423.12 How will Reclamation notify the public of additional closed areas? (a) Non-emergency situations. In nonemergency 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. Nonemergency 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. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 75351 § 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 § 423.12(a) only once, and at any time the schedule of closure is changed. § 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. § 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 § 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 § 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. § 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, E:\FR\FM\11DER1.SGM 11DER1 75352 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations 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 § 423.12. § 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 § 423.15. § 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 § 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. jlentini on PROD1PC65 with RULES § 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 VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 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. § 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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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. § 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. § 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; E:\FR\FM\11DER1.SGM 11DER1 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations (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. § 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. § 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. § 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. § 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. jlentini on PROD1PC65 with RULES § 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 § 423.29(g) and other applicable Federal, State, and local laws. VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 (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 § 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. § 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 § 423.32, or at an authorized shooting or archery range; and PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 75353 (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. § 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. § 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 § 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. § 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, E:\FR\FM\11DER1.SGM 11DER1 75354 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations 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. § 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. jlentini on PROD1PC65 with RULES § 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 VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 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. § 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. § 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. § 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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. § 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 § 423.39 may be required to remove the vessel immediately from Reclamation waterbodies until items of noncompliance are corrected. § 423.40 Vehicles. (a) When operating a vehicle on Reclamation lands and Reclamation E:\FR\FM\11DER1.SGM 11DER1 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations 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 offroad-vehicle use in 43 CFR part 420 apply. jlentini on PROD1PC65 with RULES § 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 nonstandard boarding and loading procedures to deliver or retrieve people, material, or equipment by parachute, balloon, helicopter, or other aircraft. VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 (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. § 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. § 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. § 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 § 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 §§ 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, noncompliance with the terms of the permit, violation of any applicable law, PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 75355 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 § 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 § 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 E:\FR\FM\11DER1.SGM 11DER1 75356 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations (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 § 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. jlentini on PROD1PC65 with RULES § 423.61 areas. Notifying the public of special use 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. VerDate Aug<31>2005 16:21 Dec 10, 2008 Jkt 217001 (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 longterm or significant modification in the resource management objectives of the area; and (4) The action is not highly controversial. § 423.71 § 423.62 limits. RIN 1018–AW35 Reservations for public use To implement a public use limit, an authorized official may establish a registration or reservation system. § 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 § 423.28. For those existing special use areas, compliance with §§ 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 § 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. PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS–R6–ES–2008–008; 92220–1113–0000; C6] Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray Wolf in the Western Great Lakes and Northern Rocky Mountains in Compliance With Court Orders AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service) are issuing this final rule to comply with three court orders which have the effect of reinstating the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in the western Great Lakes and the northern Rocky Mountains. This rule corrects the gray wolf listing at 50 CFR 17.11 to reinstate the listing of wolves in all of Wisconsin and Michigan, the eastern half of North Dakota and South Dakota, the northern half of Iowa, the northern portions of Illinois and Indiana, the northwestern portion of Ohio, the northern half of Montana, the northern panhandle of Idaho, the eastern third of Washington and Oregon, and in north-central Utah as endangered, and reinstate the listing of wolves in Minnesota as threatened. This rule also reinstates the former designated critical habitat in 50 CFR 17.95(a) for gray wolves in Minnesota and Michigan, special regulations in 50 CFR 17.40(d) for the gray wolf in Minnesota, and special rules in 50 CFR 17.84 designating the gray wolf in the remainder of Montana and Idaho and all of Wyoming as nonessential experimental populations. E:\FR\FM\11DER1.SGM 11DER1

Agencies

[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 modi