South Carolina Clark Hill Reservoir Area, Savannah River. Hartwell Reservoir, Savannah River. South Dakota Big Bend Dam-Lake Sharpe, Missouri River. Oahe Reservoir Area, Missouri River. Tennessee Center Hill Reservoir Area, Caney Fork River. Dale Hollow Reservoir Area, Obey River. J. Percy Priest Reservoir Area, Stones River. Bardwell Reservoir Area, Waxahachie Creek. Canyon Reservoir Area, Guadalupe River. Area, Elm Fork, Trinity River. Grapevine Reservoir Area, Denton Creek. Hords Creek Reservoir Area, Hords Creek. Lake Texoma and the Denison Reservoir Area, Red River. Lavon Reservoir Area, East Fork Trinity Navarro Mills Reservoir Area, Richland Creek. Somerville Reservoir Area, Yegua Creek. Texarkana Reservoir Area, Sulphur River. Vermont Ball Mountain Reservoir Area, West River. North Hartland Reservoir Area, Ottauquechee River. North Springfield Reservoir Area, Black River. Townshend Reservoir Area, West River. Union Village Reservoir Area, Ompompanoosuc River. Virginia Bluestone Reservoir Area, New River. John H. Kerr Reservoir Area, Roanoke River. John W. Flannagan Reservoir Area, Pound River. North Fork of Pound Reservoir Area, North Fork of Pound River. Philpott Reservoir Area, Smith River. Washington Chief Joseph Reservoir Area, Columbia River. Mill Creek Reservoir Area. West Virginia Bluestone Reservoir Area, New River. Summersville Reservoir Area, Gauley River. Sutton Reservoir Area, Elk River. NOTE: For amendments to this section, see the List of Sections Affected. § 311.2 Boats, commercial. No boat, barge or other vessel shall be placed upon or operated upon any water of the reservoir for a fee or profit, either as a direct charge to a second party or as an incident to other services provided to the second party, except as specifically authorized by lease, license, or concession contract with the Department of the Army. § 311.3 Boats and other vessels, private. (a) The operation of boats, houseboats, cabin cruisers and other vessels on the reservoir for fishing and recreational use is permitted except in prohibited areas designated by the District Engineer in charge of the reservoir area and subject to the regulations contained in this part. (b) Except for the reservoirs listed in this paragraph and those reservoirs covered in this part where the boat or other vessel is registered and displays a valid State or U.S. Coast Guard number for the type of vessel in use, a permit shall be obtained from the District Engineer or his authorized representative for placing and operating a vessel on the reservoir for any one period longer than 3 days. No charge will be made for this permit. The permit shall be kept aboard the vessel at all times that the vessel is in operation on the reservoir. The District Engineer in charge of the area or his authorized representative shall have authority to revoke the permit and to require removal of the vessel upon failure of the permittee to comply with the terms and conditions of the permit or with the regulations in this part. IDAHO Albeni Falls Reservoir Area, Pend Oreille River. WASHINGTON Chief Joseph Reservoir Area, Columbia River. (c) Unsafe boats or other vessels will not be permitted on the reservoir. The District Engineer may require the applicant for a permit to furnish the construction plans and other information pertaining to the construction and equipment of the boat or other vessel prior to issuing a permit for its operation on the reservoir. All boats permitted on the reservoir shall be equipped for safe operation and operated in a safe manner in accordance with instructions issued by the District Engineer. These instructions may provide that the operation of speed boats and water skiing activities shall be confined to areas of water designated by the District Engineer for such activities. (d) Boathouses, houseboats, cabin cruisers and other vessels may be placed and operated on the reservoirs, except that such facility shall not be utilized for human habitation at a fixed or permanent mooring point and if equipped with toilets and galleys shall not be placed on reservoirs with small permanent pools. Such vessels may be barred from other reservoirs by the District Engineer with the concurrence of the Chief of Engineers in those reservoirs in which the waters thereof are used for domestic water supply when the District Engineer determines that such use is contrary to the public health and safety. [24 F.R. 8496, Oct. 21, 1959, as amended at 32 F.R. 13280, Sept. 20, 1967] § 311.4 Mooring, care and sanitation of boats and floating facilities. (a) All boats or other vessels when not in actual use must be either removed from the reservoir, securely moored at authorized docks or boathouses where supervision by the owner or his representative is provided on a 24-hour-day basis, or placed in the care of a marina concessionare, State or local managing agency or other party authorized to care for floating equipment on a 24-hour-day basis. (b) All boats, barges and other vessels or floating facilities will be moored only in locations designated by the District Engineer or his designated representative. All floating or stationary mooring facilities will be constructed in accordance with plans and a permit approved by the District Engineer or his designated representative. He shall have authority to revoke such permit and require removal of the facility for failure of the permittee to comply with the terms and conditions of the permit or with the regulations in this part. (c) The discharge of sewage, garbage or other pollutant in the waters of the reservoir from any boat, barge or other vessel on the reservoir is prohibited ex cept in accordance with regulations of the State and local health agencies permitting such discharge when underway in deep waters other than embayments. All such pollutants shall be deposited ashore at places designated for such deposit and disposal. § 311.5 Swimming and bathing. Swimming and bathing are permitted except in prohibited areas designated by the District Engineer. § 311.6 Hunting and fishing. (a) Hunting and fishing are permitted in accordance with all applicable Federal, State and local laws for the protection of fish and game except in prohibited areas including the following: (1) Public access, park and recreation areas in which all hunting is prohibited. (2) Prohibited areas designated by the District Engineer in which hunting or fishing or both are prohibited. (3) Prohibited areas designated by Federal or State managing agencies under applicable laws administered by such agencies. (b) Hunting is restricted to the use of bow and arrow or shotgun loaded with shot in any reservoir area listed in § 311.1 except in managed game areas where the special hunting regulations of the managing agency with the prior approval of the District Engineer will apply, and except for the following reservoir areas on which hunting of deer with rifles is also permitted when not contrary to State or local laws or regulations. Ball Mountain Reservoir Area, West River. North Hartland Reservoir Area, Ottauquechee River. North Springfield Reservoir Area, Black River. Townshend Reservoir Area, West River. Union Village Reservoir Area, Ompompanoosuc River. (c) A permit shall be obtained from the District Engineer or his authorized representative to construct a duck blind on the water in any reservoir area listed in § 311.1 except for the Wappapello Reservoir Area, St. Francis River, Missouri, on which duck blinds may be permitted or prohibited in accordance with regulations of the Missouri Conservation Commission relative to duck hunting. [24 F.R. 8496, Oct. 21, 1959, as amended at 27 F.R. 4280, May 4, 1962; 27 F.R. 10831, Nov. 7, 1962; 29 F.R. 2423, Feb. 13, 1964; 30 F.R. 6161, May 1, 1965; 31 F.R. 13313, Oct. 14, 1966] § 311.7 Camping. (a) Camping is permitted only at areas designated by the District Engineer in charge of the reservoir area or his authorized representative. (b) Approval of the District Engineer, or his authorized representative, is required to camp in the reservoir area for any one period of two weeks or longer. (c) Camping equipment shall not be abandoned or left unattended for 48 hours or more. (d) The installation of any permanent facility at any public camp ground is permitted only on written authorization of the District Engineer or his authorized representative. (e) Campers shall keep their camp grounds clean and dispose of combustibles and refuse in accordance with instructions posted by the District Engineer at each camp ground. (f) Due diligence shall be exercised in building and putting out camp fires to prevent damages to trees and vegetation and to prevent forest and grass fires. (g) Camps must be completely razed and the sites cleaned before the departure of the campers. (a) Picnicking is permitted, except in prohibited areas designated by the District Engineer or his authorized representative, in any reservoir area listed in § 311.1 except for the following reservoir areas in which picnicking is prohibited in all areas not specifically designated by the District Engineer for picnicking: (1) Fort Peck Reservoir Area, Missouri River, Montana. § 311.9 Access to water areas. (a) Pedestrian access is permitted along the shores of the reservoir except in areas designated by the District Engineer or his authorized representative. (b) Automobile access is permitted only over open public and reservoir roads. (c) Access for the general public to launch boats is permitted only at the public launching sites designated by the District Engineer. § 311.10 Destruction of public property. The destruction, injury, defacement, or removal of public property or of vegetation, rock, or minerals, except as authorized, is prohibited. § 311.11 Firearms and explosives. Loaded rifles, loaded shotguns, loaded pistol and explosives of any kind are prohibited in the area, except when in the possession of a law enforcement officer or Government employee on official duty, when shotguns or rifles are being used for hunting during the hunt § 311.15 Unauthorized solicitations and business activities. No person, firm, or corporation, or their representatives shall engage in or solicit any business on the reservoir area without permission in writing from the District Engineer or in accordance with terms of a lease, license, or concession contract with the Department of the Army. § 311.16 Commercial operations. All commercial operations or activities on the waters of the reservoir or on the lands under the control of the Department of the Army around the reservoir shall be in accordance with lease, license, or other agreements with the Department of the Army. § 311.17 Dogs. (a) Dogs are not permitted in any of the following reservoir areas unless on a leash, in a pen, or under complete control of the owner or manager. (1) Fort Peck Reservoir Area, Missouri River, Montana. § 311.18 Recreational activity programs. (a) Special events such as water carnivals, boat regattas, music festivals, dramatic presentations, or other special recreational programs of interest to the general public are permitted in areas designated by the District Engineer or his authorized representative. (b) A permit shall be obtained from the District Engineer or his authorized representative by the governmental or legally responsible private agency proposing to hold a special recreation program as indicated in this section. No charge will be made for this permit. (c) The District Engineer in charge of the area shall have authority to revoke any permit granted under this section and to require the removal of any equipment upon failure of the permittee to comply with the terms and conditions of the permit or with the regulations in this part. § 311.19 Abandonment property. of personal Abandonment of personal property on the land or waters of the reservoir area is prohibited. Personal property shall not be left unattended upon the lands and waters of the reservoir area except in accordance with the regulations prescribed in this part or under permits issued therefor. The Government assumes no responsibility for personal property and if such property is abandoned or left unattended in other than places designated in a permit issued therefor or under a regulation for a period in excess of 48 hours it will be impounded, and if not reclaimed by the owners thereof within ninety days will be sold, destroyed, converted to Government use, or otherwise disposed of as determined by the District Engineer or his designated representative. § 311.20 Discriminatory practices prohibited. All project land and water areas which are open to the public shall be available for use and enjoyment by the public without regard to race, creed, color or national origin. No lessee or licensee of a project area under lease or license providing for a public or quasi-public use, including group camp activities, and no concessionaire of a lessee or licensee providing a service to the public, including facilities and accomodations, shall discriminate against any person or persons because of race, creed, color or national origin in the conduct of its operations under the lease, license or concession agreement. [29 F.R. 9710, July 18, 1964] PART 312-PROHIBITION OF DISCRIMINATORY PRACTICES IN WATER RESOURCE DEVELOPMENT PROJECTS Sec. 312.1 Areas covered. 312.2 Discriminatory practices prohibited. AUTHORITY: The provisions of this Part 312 issued under sec. 4, 58 Stat. 889, as amended; 16 U.S.C. 460d. SOURCE: The provisions of this Part 312 appear at 29 F.R. 9710, July 18, 1964, unless otherwise noted. § 312.1 Areas covered. The regulation covered in this part shall be applicable to all water resource project lands under the supervision of the Secretary of the Army not covered in Parts 311, 326, of this Title. § 312.2 Discriminatory practices prohibited. All project land and water areas which are open to the public shall be available for use and enjoyment by the public without regard to race, creed, color or national origin. Each lessee or licensee of a project area under lease or license providing for a public or quasi-public use, including group camp activities, and each concessionaire of a lessee or licensee providing a service to the public, including facilities and accommodations, shall not discriminate against any person or persons because of race, creed, color or national origin in the conduct of its operations under the lease, license or concession agreement. |