[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Rules and Regulations]
[Pages 26136-26137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11307]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

36 CFR Part 327

RIN 0710-AA45


Public Use of Water Resources Development Projects Administered 
by the Chief of Engineers

AGENCY: U.S. Army Corps of Engineers, DOD.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
(RIN #0710-AA45), which were published in

[[Page 26137]]

the Federal Register on Friday, February 11, 2000 (65 FR 6896). The 
regulations relate to the public use of Water Resources Development 
Projects administered by the Chief of Engineers.

DATES: Effective on May 5, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Austin, Outdoor Recreation 
Planner, 202-761-1796 (not a toll free call).

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of these corrections 
superseded Sec. 327.17 on the effective date and affect advertising at 
Water Resources Development Projects administered by the Chief of 
Engineers.

Need for Correction

    As originally published on February 11, 2000 (effective date of 
April 1, 2000), the final regulation prohibits the advertising at Water 
Resources Development Projects without the written permission by the 
District Commander. Revised language will allow for greater freedom of 
speech with reasonable restrictions on time and space. This correction 
is effective on the date of publication in the Federal Register.

List of Subjects in 36 CFR Part 327

    Advertising.

PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER 
RESOURCES DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF 
ENGINEERS

    Accordingly, 36 CFR part 327 is amended by making the following 
correcting amendments:
    1. The authority citation for Part 327 continues to read as 
follows:

    Authority: 16 U.S.C. 460d; 16 U.S.C. 460l-6a; Sec. 210, Pub L. 
90-483, 82 Stat. 746.; 33 U.S.C. 1, 28 Stat. 362.

    2. Revise Sec. 327.17 to read as follows:


Sec. 327.17  Advertisment.

    (a) Advertising and the distribution of printed matter is allowed 
within project land and waters provided that a permit to do so has been 
issued by the District Commander and provided that this activity is not 
solely commercial advertising.
    (b) An application for such a permit shall set forth the name of 
the applicant, the name of the organization (if any), the date, time, 
duration, and location of the proposed advertising or the distribution 
of printed matter, the number of participants, and any other 
information required by the permit application form. Permit conditions 
and procedures are available from the District Commander.
    (c) Vessels and vehicles with semipermanent or permanent painted or 
installed signs are exempt as long as they are used for authorized 
recreational activities and comply with all other rules and regulations 
pertaining to vessels and vehicles.
    (d) The District Commander shall, without unreasonable delay, issue 
a permit on proper application unless:
    (1) A prior application for a permit for the same time and location 
has been made that has been or will be granted and the activities 
authorized by that permit do not reasonably allow multiple occupancy of 
the particular area; or
    (2) It reasonably appears that the advertising or the distribution 
of printed matter will present a clear and present danger to the public 
health and safety; or
    (3) The number of persons engaged in the advertising or the 
distribution of printed matter exceeds the number that can reasonably 
be accommodated in the particular location applied for, considering 
such things as damage to project resources or facilities, impairment of 
a protected area's atmosphere of peace and tranquility, interference 
with program activities, or impairment of public use facilities; or
    (4) The location applied for has not been designated as available 
for the advertising or the distribution of printed matter; or
    (5) The activity would constitute a violation of an applicable law 
or regulation.
    (e) If a permit is denied, the applicant shall be so informed in 
writing, with the reason(s) for the denial set forth.
    (f) The District Commander shall designate on a map, which shall be 
available for inspection in the applicable project office, the 
locations within the project that are available for the advertising or 
the distribution of printed matter. Locations may be designated as not 
available only if the advertising or the distribution of printed matter 
would:
    (1) Cause injury or damage to project resources; or
    (2) Unreasonably impair the atmosphere of the peace and tranquility 
maintained in natural, historic, or commemorative zones; or
    (3) Unreasonably interfere with interpretive, visitor service, or 
other program activities, or with the administrative activities of the 
Corps of Engineers; or
    (4) Substantially impair the operation of public use facilities or 
services of Corps of Engineers concessioners or contractors.
    (5) Present a clear and present danger to the public health and 
safety.
    (g) The permit may contain such conditions as are reasonably 
consistent with protection and use of the project area for the purposes 
for which it is established.
    (h) No permit shall be issued for a period in excess of 14 
consecutive days, provided that permits may be extended for like 
periods, upon a new application, unless another applicant has requested 
use of the same location and multiple occupancy of that location is not 
reasonably possible.
    (i) It is prohibited for persons engaged in the activity under this 
section to obstruct or impede pedestrians or vehicles, harass project 
visitors with physical contact or persistent demands, misrepresent the 
purposes or affiliations of those engaged in the advertising or the 
distribution of printed matter, or misrepresent whether the printed 
matter is available without cost or donation.
    (j) A permit may be revoked under any of those conditions, as 
listed in paragraph (d) of this section, that constitute grounds for 
denial of a permit, or for violation of the terms and conditions of the 
permit. Such a revocation shall be made in writing, with the reason(s) 
for revocation clearly set forth, except under emergency circumstances, 
when an immediate verbal revocation or suspension may be made, to be 
followed by written confirmation within 72 hours.
    (k) Violation of the terms and conditions of a permit issued in 
accordance with this section may result in the suspension or revocation 
of the permit.

    Dated: May 1, 2000.
Charles M. Hess,
Chief, Operations Division, Office of Deputy Commanding General for 
Civil Works.
[FR Doc. 00-11307 Filed 5-4-00; 8:45 am]
BILLING CODE 3710-92-P