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(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.

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(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

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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.

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The Secretary of the Army and the Secretary of Agriculture, having determined that the use of the following water resource development projects by the general public for boating, swimming, bathing, fishing, and other recreational purposes, will not be contrary to the public interest, and will not be inconsistent with the operation and maintenance of the projects for their primary purposes, hereby prescribe the following rules and regulations for public use of the following water resource projects pursuant to the provisions of section 4 of the Act of Congress approved December 22, 1944 (58 Stat. 889; 16 U.S.C. 460d) as amended by the Flood Control Act of 1946 (60 Stat. 641) and section 209 of the Flood Control Act of 1954 (68 Stat. 1266) and further amended on October 23, 1962, by section 207 of Public Law 87874 (76 Stat. 1195) and the Act of June 4, 1897 (16 U.S.C. 475, 551) as supplemented by Public Law 86-517 (74 Stat. 215); Land and Water Conservation Act of 1965 (78 Stat 897).

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The regulations contained in this part shall be applicable to: Sam Rayburn Reservoir Area, Angelina River, Tex.

§ 313.2 Division of authority.

The Corps of Engineers, Department of the Army, is responsible for the operation and maintenance of the projects listed in this part for all the primary purposes for which they were constructed. However, since the projects are partially located on lands under the jurisdiction of the U.S. Forest Service, Department of Agriculture, the recreation and public use program will be accomplished under a joint venture between the two agencies operating under their respective laws and regulations and in accordance with a memorandum of understanding consummated between the District Engineer and the Regional Forester. The Corps of En

gineers will have jurisdiction over all activities conducted in or on the impounded water, except those activities which by mutual agreement will be handled by the Forest Supervisor. The District Engineer will have jurisdiction over Corps of Engineers land in the project area not assigned to the National Forests and any National Forest lands specifically assigned to the Corps of Engineers. The Forest Supervisor will have jurisdiction of National Forest lands in the project area not assigned to the Corps of Engineers and any Corps of Engineers lands specifically assigned to the Forest Service. Activities in and on the project lands which affect the jurisdiction of either agency will be managed in accordance with mutually agreed upon rules and regulations. The project areas over which these rules and regulations apply will include all lands as mutually agreed to between representatives of the Corps of Engineers and the Forest Service. These lands are described as follows:

(a) All project lands acquired in fee title by the Corps of Engineers.

(b) Lands acquired in fee title by the Forest Service as follows:

(1) All lands located in the reservoir area below the upper guide contour, or backwater elevation, whichever is higher, and any land designated or developed for public access and use in conjunction with this project which may be located above the aforementioned elevations.

(2) Downstream from the dam and required for the construction, operation and maintenance of the dam and the appurtenant structures, including any land designated or developed for public access and use in conjunction with the project. § 313.3 Boats, commercial.

No boat, barge or other vessel shall be placed upon or operated upon any water of the reservoirs 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 a permit issued by the Corps of Engineers and by a lease, license, or concession contract with the Army or Agriculture Departments.

§ 313.4 Boats and other vessels, private.

(a) The operation of boats, cruising 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) A permit shall be obtained from the District Engineer or his authorized representative for placing and operating a boat or other vessel on the reservoir for any one period longer than three 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. 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.

The

(c) Unsafe boats or other vessels will not be permitted on the reservoir. The District Engineer may require the applicant to obtain a permit and 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. instructions may provide that the operation of speedboats and water skiing activities shall be confined to areas of water designated by the District Engineer for such activities.

These

(d) Boathouses, cruising houseboats, cabin cruisers and other vessels may be placed and operated on the resevoir, except that such facility shall not be utilized for human habitation at a fixed or permanent mooring point.

§ 313.5 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 concessionaire 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 mooring facilities will be constructed in accordance with plans and a permit approved by the District Engineer

He

or his designated representative.
shall have authority to revoke such per-
mit 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 of 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 except 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 (33 U.S.C. 407).

§ 313.6 Swimming and bathing.

Swimming and bathing are permitted except in prohibited areas designated by the District Engineer and/or the Forest Supervisor.

§ 313.7 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 or the Forest Supervisor 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 throughout the reservoir area except in managed game areas, where the special hunting regulations of the managing agency with the prior approval of the District Engineer or Forest Supervisor will apply.

(c) A permit shall be obtained from the District Engineer or his authorized representative to construct a duck blind on the water in the reservoir area. § 313.8 Camping.

(a) Camping is permitted only at areas designated by the District Engineer or the Forest Supervisor in charge of the reservoir area or their authorized representative.

(b) Approval of the District Engineer or the Forest Supervisor or their authorized representative is required to camp 235

in the reservoir area for any one period of 2 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 campground is permitted only on written authorization of the District Engineer or the Forest Supervisor, or their authorized representative.

(e) Campers shall keep their campgrounds clean and dispose of combustibles and refuse in accordance with instructions posted by the District Engineer or the Forest Supervisor at each campground.

(f) Due diligence shall be exercised in building and putting out campfires to prevent damages to trees and vegetation and to prevent forest and grass fires.

(g) Camp must be completely razed and sites cleaned before departure of the campers.

(h) The use of a trailer (towed by passenger vehicle) for camping is permissible provided:

(1) The length of stay is governed by (b) above;

(2) No permanent fixtures attached to the ground are constructed in connection with the trailer;

(3) The trailer retains its mobility at all times;

(4) That trailer parking and camping is permitted only at locations in public campgrounds approved by the District Engineer or Forest Supervisor.

§ 313.9 Picnicking.

Picknicking is permitted except in prohibited areas designated by the District Engineer or the Forest Supervisor or their authorized representative. § 313.10 Access to water area.

(a) Pedestrian access is permitted along the shores of the reservoir except in areas designated by the District Engineer or the Forest Supervisor, or their 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 or the Forest Supervisor.

§ 313.11 Destruction of public property. The destruction, injury, defacement, or removal of public property or of vege

tation, rock, or minerals, except, as authorized, is prohibited.

§ 313.12 Firearms and explosives.

Loaded rifles, loaded shotguns, loaded pistols, 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 hunting season as permitted under § 313.7, and when specifically authorized by the District Engineer or the Forest Supervisor. § 313.13 Gasoline and oil storage.

Gasoline and other inflammable or combustible liquids shall not be stored in, upon, or about the reservoir or shores thereof without written permission of the District Engineer or the Forest Supervisor, or their authorized representative.

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Private notices and advertisements shall not be posted, distributed, or displayed in the reservoir area except such as the District Engineer or the Forest Supervisor, or their authorized representative, may deem necessary for the convenience and guidance of the public using the area for recreational purposes. § 313.16 Unauthorized solicitations and business activities.

No person, firm, or corporation, or their authorized representatives, shall engage in or solicit any business on the reservoir area without permission in writing from the District Engineer or the Forest Supervisor in accordance with terms of lease, license, or concession contract with the Army or Agriculture Departments.

§ 313.17 Commercial operations.

All commercial operations or activities on the waters of the reservoir or on the lands under the control of the Corps of Engineers or the U.S. Forest Service around the reservoir shall be in accordance with lease, license, or other agree

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