*1006-AA51*

**Harsh Penalties & Fines**

***43 CFR Part 429: Use of Bureau of Reclamation Land, Facilities, and
Waterbodies***

***[Issue Statement --]{.smallcaps}***

Potential penalties under the proposed rule include "*imprisonment of up
to 6 months*," giving BOR officials the right to hand out jail terms to
people failing to remove docks for which permits have lapsed or been
denied. Fines levied can be retroactively assessed to the date of
infraction, potentially years before an individual is notified he or she
is in violation.

***[Proposed Rule Citations --]{.smallcaps}***

§429.33(a) *Unauthorized use of Reclamation land, facilities, or
waterbodies is a trespass against the United States. You may be subject
to legal action including criminal prosecution if your actions violate
part 423 of this chapter. A criminal prosecution could result in a fine
and/or [imprisonment for up to 6 months]{.underline} in accordance with
43 U.S.C. 373b(b).*

§429.33(b)(5) *Interest accrued on the use fee from [the date your
unauthorized use began]{.underline} as specified in paragraph (b) (4) of
this section;*

***[Discussion Points --]{.smallcaps}***

1.  While criminal prosecution may be warranted in a very small
    percentage of rule violations, it is unlikely to be appropriate in
    the majority and therefore should not be listed first as a potential
    course of action under the rule. Changing the wording to "other
    remedies as provided by law" would be sufficient to provide BOR with
    acceptable latitude without intimating a preference for criminal
    proceedings.

2.  Interest on penalties should accrue from the date an individual is
    notified in writing of any violation, eliminating the possibility
    that an inadvertent tree trimming several years back results in
    thousands of dollars in penalties and interest to unsuspecting
    homeowners who were unaware of their violation.

**[Lake Cascade Preservation & Recreation Alliance]{.smallcaps}**

**Compliance Review & Permit Renewal Periods**

***Issue Sheet***

***43 CFR Part 429: Use of Bureau of Reclamation Land, Facilities, and
Waterbodies***

***[Issue Statement]{.smallcaps}***

> The term for **compliance reviews** \[§ 429.32 (b)\], *especially when
> applied to docks*, is unnecessarily brief and should be expanded from
> 5 to 20 years. In addition, compliance language should be clarified to
> direct that compliance reviews for docks be done on a lake-wide basis
> since individual dock compliance will occur at permit renewal.
>
> The term for **permit renewals** \[§ 429.32 (e)\], is confusing and
> requires clarification. As stated, it appears to limit dock permit
> renewals to a 20-year horizon. BOR officials have stated their
> intention is to limit individual permit periods to a maximum of 20
> years but allow for renewals without limit. Rule language should
> clearly reflect that intent.

***[Proposed Rule Citations --]{.smallcaps}***

> § 429.32 (b) *Reclamation will review all existing private exclusive
> recreational or residential uses for compliance with the required
> criteria [at least once every 5 year]{.underline}*[s]{.underline}.
>
> § 429.32 (e) *Any renewal of use authorizations for existing private
> exclusive recreational or residential uses of Reclamation land,
> facilities, and waterbodies [will not exceed 20 year
> terms]{.underline}. Any such renewals will be subject to the periodic
> review described in subsection (b) \[above\], and these reviews could
> potentially result in the termination of the use agreement prior to
> the end of the term of years.*

***[Discussion Points --]{.smallcaps}***

1.  Mandating BOR offices to conduct compliance reviews for docks every
    5 years:

-   places an unnecessary financial and administrative burden on
    regional offices, and

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-   encourages rubber stamping of previous reviews.

2.  Expanding the compliance review period to *[at least once every 20
    years]{.underline}*:

-   reflects a more reasonable time period in which lake-wide situations
    may change,

-   allows for more frequent reviews if circumstances warrant, and

-   encourages more thorough reviews when they do occur.

3.  Conducting compliance reviews on a lake-wide basis appropriately
    focuses attention on overall lake conditions and the impact of all
    docks. Individual dock compliance with required permit criteria
    should be addressed at permit renewal.