[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Rules and Regulations]
[Pages 80987-80993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25466]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 423

[Docket No. BOR-2022-0001; RR83570000, 24XR0680A4, RX.19520003.9WOD502]
RIN 1006-AA58


Public Conduct on Bureau of Reclamation Facilities, Lands, and 
Waterbodies

AGENCY: Bureau of Reclamation, Interior.

ACTION: Final rule.

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SUMMARY: We, the Bureau of Reclamation (Reclamation), are revising 
regulations that govern public access to and conduct on Reclamation 
facilities, lands, and waterbodies. The revisions clarify the 
regulations that maintain law and order and protect persons and 
property on Reclamation facilities, lands, and waterbodies while 
bringing the rulemaking into compliance with updated laws and 
regulations.

DATES: This rulemaking is effective December 21, 2023.

ADDRESSES: This final rule is available on the internet at https://www.regulations.gov and https://www.usbr.gov/fedreg/rules. Comments we 
received are available for public inspection at https://www.regulations.gov in Docket ID: BOR-2022-0001.

FOR FURTHER INFORMATION CONTACT: James Bingham, Security Division, 
Bureau of Reclamation, at (303) 445-2239, or via email at 
<a href="/cdn-cgi/l/email-protection#e389818a8d848b828ea396908191cd848c95"><span class="__cf_email__" data-cfemail="1a707873747d727b775a6f697868347d756c">[email protected]</span></a>. Individuals who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services.

SUPPLEMENTARY INFORMATION: 

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 December 11, 2008, after a few minor revisions, Reclamation 
published an update to 43 CFR part 423, Public Conduct on Bureau of 
Reclamation

[[Page 80988]]

Facilities, Lands and Waterbodies, as the final rule (73 FR 75347).
    Since the publication of the 2008 final rule, technology, 
especially of unmanned or uncrewed aircraft systems (UAS) commonly 
referred to as ``drones,'' has developed rapidly. With this technology 
came new regulations from the Federal Aviation Administration (FAA), 
specifically regarding the use of UAS (14 CFR part 107, Small Unmanned 
Aircraft Systems). Reclamation is revising 43 CFR part 423 to apply 
consistency with the FAA's regulations. Reclamation is also modernizing 
and updating regulations impacting firearms possession, and access and 
occupancy of Reclamation facilities, lands, and waterbodies. This will 
allow local, State, and other recreation partners to manage their 
facilities and sites using their regulations unburdened by conflicting 
Federal regulations that they have no jurisdiction to enforce. And 
finally, Reclamation is easing the absolute prohibition regarding 
reburials of Native American ancestors and will allow an application 
process to obtain permits for this activity.

Summary of and Response to Public Comments

    Reclamation published a proposed rule in the Federal Register on 
February 16, 2023 (88 FR 10070) soliciting public comments for a 60-day 
period. The public comment period ended on April 17, 2023. During the 
public comment period, Reclamation received 14 comment submissions from 
members of the public including State park managers, aviation 
enthusiasts, wildlife observers, hikers, and Native American Tribes. 
Each public comment received consideration in the development of the 
final rule.
    Comments similar in nature have been categorized by subject, and in 
some instances have been combined with related comments. The following 
discussion addresses substantive information provided during the 
comment period, by topic, and includes comments and responses that were 
made in the final rule based on comment analysis and other 
considerations.
    Comment: The Agua Caliente Band of Cahuilla Indians of the Agua 
Caliente Indian Reservation, California, the Ak-Chin Indian Community, 
the Confederated Tribes of the Umatilla Indian Reservation, and The 
Osage Nation provided comments in support of allowing reburial of 
Native American ancestors, funerary objects, sacred objects, and 
objects of cultural patrimony as defined by the Native American Graves 
Protection and Repatriation Act (NAGPRA). Additionally, the 
Confederated Tribes of the Umatilla Indian Reservation requested 
addressing animal remains and human burials separately, as well as 
requesting reburial of ancestral human remains and NAGPRA cultural 
items that originated on lands other than Reclamation managed lands.
    Response: Reclamation appreciates Tribal support for implementing a 
permit process to allow reburial of ancestral human remains and NAGPRA 
cultural items on Reclamation land and will implement the process as 
expeditiously and simply as practicable. We agree with the Confederated 
Tribes of the Umatilla Indian Reservation to address animal remains and 
human burials separately and have made changes to the final rule 
accordingly. However, we did not implement the suggestion to allow 
reburial of Native American ancestors and NAGPRA cultural items from 
lands managed by agencies other than Reclamation as other agencies may 
have their own reburial implementation processes and/or authorities.
    Comment: We received two comments regarding a suggested prohibition 
on the use of speakers and short-range wireless technology (e.g., 
Bluetooth[supreg]) over a concern for wildlife and the enjoyment of our 
lands by the public.
    Response: We considered this comment and feel the issue of 
unreasonable noise is already addressed in 43 CFR 423.22(e)(3). This 
section of the rule prohibits unreasonable noise. In addition, many 
sites are operated by managing recreation partners such as a State 
park; their rules for noise would apply. Trying to regulate all 
speakers and Bluetooth[supreg] technology would be burdensome and 
impractical to enforce.
    Comment: We received several comments regarding our proposed 
revision to 43 CFR 423.35, specifically involving the restraining of 
animals when at a Reclamation facility. One commentor suggested we 
should focus on education with the public and add prohibitions 
regarding animals chasing wildlife and that animals must be vaccinated. 
Two State park management officials commented that they already have 
rules in their parks regarding animals being restrained, and that their 
rules are more restrictive.
    Response: We recognize that our managing partners have different 
regulations regarding the restraining and control of animals and pets. 
After consideration of these comments, we are removing this proposed 
revision. Under 43 CFR part 423, subpart E, authorized officials may 
establish special use areas which can prohibit certain activities if 
they pose a risk to the public. If a particular Reclamation facility 
needs specific prohibitions for a certain activity, such as restraining 
animals, subpart E can be used for that purpose.
    Comment: We received one comment asking where Reclamation retains 
the authority to issue 43 CFR part 423, specifically as it relates to 
aircraft.
    Response: Public Law 107-69 states in pertinent part, ``The 
Secretary of the Interior shall issue regulations necessary to maintain 
law and order and protect persons and property within Reclamation 
projects and on Reclamation lands.'' This is the authority from the 
U.S. Congress to promulgate this rule. Since 2006, Reclamation's public 
conduct rules have addressed aircraft to include reckless operations 
and seaplane activities. Reclamation regularly collaborates with the 
FAA on a variety of matters, including enforcement. Reclamation 
collaborated with the FAA on the development of their flight 
restrictions at Reclamation's five largest dams. The risk from 
inadvertent accidents or maligned attacks on our infrastructure is 
real. Having aircraft or UAS flying at ground level through a 
recreation area or across the top of a dam crowded with tourists poses 
a risk to the visiting public. Using FAA's regulations as a guide, we 
incorporated their definitions and language into this rule.
    Comment: We received one comment recommending the prohibition of 
all motorized use on lands and waters. The comment referenced people in 
Europe and Ukraine not having enough fuel while Americans are using 
fossil fuels for recreation.
    Response: In hundreds of circumstances across the west, public 
highways and even railroads cross Reclamation lands and facilities. 
Reclamation would be unable to prohibit the use of fossil fuels on our 
own. Reclamation has hundreds of sites managed by other entities, such 
as State parks, through contracts or agreements, and other sites 
managed directly by Reclamation. States, not Reclamation, regulate 
boating and motor vehicle use. Reclamation and our managing partners 
such as municipal water districts, Tribal water authorities, and State 
parks, operate thousands of motor vehicles and boats in the performance 
of our missions. Our facilities use combustion engines for generators, 
cranes, tractors, and water delivery systems to accomplish our mission. 
And finally, many of our facilities, lands, waterbodies, and projects 
are spread across multiple states. Regulating

[[Page 80989]]

commerce between the States is the purview of the Congress.
    Comment: We received one comment asking for permission to use metal 
detectors for the casual collection of items such as fishing lures, 
weights, and coins.
    Response: Reclamation already allows for use and possession of 
metal detectors under 43 CFR 423.29(f) with the issuance of a permit.
    Comment: We received one comment asking if we were giving the 
``all-clear for unrestricted recreational activity on land use.'' In 
addition, the commentor stated this rule did not explicitly set aside 
lands to be undisturbed by recreation activity. There was also the 
perception we were removing restrictions or standoff distances from 
dams and other infrastructure.
    Response: Section 423.10 states in pertinent part that all 
Reclamation facilities, lands, and waterbodies are open to lawful use 
by the public unless they are closed to public use under subpart B of 
part 423, or as provided by 43 CFR part 420. Section 420.2 prohibits 
off-road vehicle use unless the area is specifically designated for 
that purpose. Reclamation has 11 National Wildlife Refuges and numerous 
other State wildlife management areas overlayed across our lands, 
projects, and reservoirs. This rule change will not change the status 
of these locations. There may be areas that will be periodically closed 
to all use due to an identified threat to the environment or wildlife 
using our existing authorities.
    This rule change does not remove the restrictions for access to 
critical infrastructure. We are revising this rule to allow local 
managers to designate standoff distances using signs, fencing, buoys, 
and other means where not already addressed in this rule.
    Comment: We received a comment from one respondent regarding 
firearms safety, specifically that firearms be unloaded unless they are 
in use for hunting and/or self-defense purposes. In addition, the 
respondent recommended signage be posted in parks and at trailheads 
advising the public where firearms are allowed, dates for hunting 
seasons, and suicide prevention hotline numbers.
    Response: Reclamation has 247 managing recreation partner sites 
across the 17 western States. Those partner agencies with management 
responsibility for the area administer recreation at those sites. This 
includes signs at trailheads, parking lots, and other public areas. 
State wildlife authorities manage hunting on Reclamation land. Our rule 
currently requires the public to comply with Federal, State, and local 
laws regarding firearms possession and transportation. Since 
Reclamation does not have its own law enforcement capability, we depend 
on our managing partners and local law enforcement to maintain the 
peace and public order at our facilities and the lands and waters they 
manage. The suicide prevention signage recommendation has merit and is 
being referred to our lands and recreation programs.
    Comment: We received one comment from a State park management 
official expressing concern that the proposed revision in 43 CFR 423.30 
regarding enforcement of this rule would be the responsibility of park 
managers.
    Response: We are adopting the definition of firearm found in 18 
U.S.C. 921(a)(3). We recognize our definition may differ from that of 
our numerous managing partners. We also recognize that State and local 
laws and ordinances regarding firearm use and possession may differ 
from what is found between the States and even at individual sites. 
Since Reclamation does not have its own law enforcement capability, we 
depend on local and State law enforcement entities to maintain the 
peace and public order in their communities. Therefore, we are 
proposing to let those authorities such as State park managers and 
sheriffs enforce their laws and ordinances on lands, facilities, and 
waterbodies where they have assumed administration without the 
circumstance of them being in conflict with this rule. Taking this park 
management official's concerns into consideration, we are clarifying 
the language to more clearly explain that the public must follow the 
laws and ordinances of the managing recreation partner.
    Comment: There was a concern that park managers may not have the 
flexibility to issue use authorizations or permits for certain aviation 
related activities such as a hot air balloon rally.
    Response: How Reclamation interacts with our managing partners is 
different than how we interact with the general public. Interactions 
with our managing partners through contracts and cooperative agreements 
are guided by the contract between Reclamation and the partner, 43 CFR 
part 429, and other applicable laws. Under 43 CFR 429.4, managing 
partners can issue limited use authorizations for certain activities, 
including aviation activities.
    Comment: We received one comment from a State park management 
official asking us to consider adding ``rent'' as a prohibited activity 
in 43 CFR 423.27.
    Response: We agree with this comment and will add ``rent'' as a 
prohibited activity in 43 CFR 423.27.
    Comment: We received one comment from a State park management 
official expressing concern over the language in 43 CFR 423.37, 
``Winter activities,'' regarding vehicle use near our infrastructure, 
specifically the prohibition for driving a vehicle within 100 yards of 
a facility.
    Response: We recognize that our southern and western waterbodies 
are in areas that do not freeze and we did not explain our intent for 
managing standoff distances on iced-over waterbodies very well. We took 
this comment into consideration and will change the heading of this 
section from ``Winter activities'' to ``Activities on iced 
waterbodies.''
    Comment: We received one comment from a State park management 
official expressing concern that our proposed definition of off-road 
vehicles would cause confusion for the public and managing partners and 
suggested removing the definition.
    Response: We considered this comment but will leave the definition 
in the rule to be consistent with what exists in 43 CFR part 420.
    Comment: We received comments from two State park management 
officials in support of the proposed revisions in 43 CFR 423.33 and 
423.21(f) regarding camping and stay limits, and requirements for the 
visiting public to pay applicable fees for recreation activities.
    Response: We appreciate these comments and value the relationship 
that exists with our Federal, State, and local recreation and wildlife 
management partners across our 17 western states.

Summary of Changes From the Proposed Rule

    After taking the public comments into consideration and after 
additional review, Reclamation implemented some requested changes, such 
as refining the NAGPRA reburial language and separating the animal 
burials and human burials into different sections of this final rule. 
Additionally, we removed the requirement for restraining animals, 
changed the heading of 43 CFR 423.37 to better address activities on 
iced-over or frozen waterbodies, revised the definition of aircraft for 
simplicity and consistency with the FAA, revised the definition of 
firearms to be consistent with what is codified in Federal law, and 
added a requirement that visitors must pay required fees in our 
recreation areas.

[[Page 80990]]

    Section 423.2 Definitions of terms used in this part. During the 
drafting of the proposed rule, it was discovered that the definition of 
model aircraft had been removed from the FAA definitions. We are 
removing the definition of model aircraft and incorporating ``model 
aircraft'' into the overall definition of aircraft.
    Section 423.27 Advertising and public solicitation. We are adding 
the word ``rent'' next to ``sell'' as a prohibited activity.
    Section 423.28 Memorials and Native American Graves Protection and 
Repatriation Act (NAGPRA) reburials. After reviewing comments regarding 
the burial of animal and human remains, we are separating animals and 
humans into subparts and revising the heading of this section.
    Section 423.30 Weapons, firearms, explosives, and fireworks. We are 
adding language similar to what already exists in 43 CFR 423.3(d) 
regarding firearms which states: ``. . . 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.''
    Section 423.33 Camping. Like Sec.  423.30, we are adding language 
similar to what already exists in 43 CFR 423.3(d) which states: ``. . . 
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.''
    Section 423.35 Animals. As a result of public comments, we are 
removing the reference to a leash or restraint requirement for animals. 
This does not preclude an authorized officer from establishing a 
special use area as identified in 43 CFR part 423, subpart E, for 
certain activities, such as managing animals in highly populated 
tourist areas. In addition, we are adding Sec.  423.35(e) to include 
information on animal remains.
    Section 423.37 Winter activities. Through comments and internal 
discussion, we felt the heading ``Winter activities'' is not 
appropriate for the circumstances we are trying to address, which occur 
on ice. Therefore, we are changing the heading of this section to 
``Activities on iced waterbodies.''

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs in the 
Office of Management and Budget will review all significant rules. The 
Office of Information and Regulatory Affairs has determined that this 
rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the Nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. Executive Order 13563 also directs agencies to consider 
regulatory approaches that reduce burdens and maintain flexibility and 
freedom of choice for the public where these approaches are relevant, 
feasible, and consistent with regulatory objectives. Executive Order 
13563 emphasizes further that regulations must be based on the best 
available science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    This rule will not have a significant regulatory effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Congressional Review Act

    When is a rule major? The Congressional Review Act (CRA) defines a 
rule as major if it meets any of three criteria. The three criteria 
are:
    (a) Does the rule have an annual effect on the economy of $100 
million or more?
    (b) Will the rule cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions?
    (c) Does the rule have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises?
    This rule is not a major rule under the CRA.

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. A statement 
containing information required by the Unfunded Mandates Reform Act (2 
U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630. This rule is not 
a Government action capable of interfering with constitutionally 
protected property rights. A takings implication assessment is not 
required.

Federalism (Executive Order 13132)

    Under the criteria in Section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. It does not have 
a substantial direct effect on the States, on the relationship between 
the Federal Government and the States, or on the distribution of power 
and responsibilities among the levels of government. A federalism 
summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) 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
    (b) meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
rule under the Department of the Interior's consultation policy and 
under the criteria in Executive Order 13175 and although there are no 
substantial direct effects on federally recognized Indian Tribes, 
Reclamation notified the 287 Tribes with interests in the 17 western 
States in which Reclamation has a presence of the intent to revise the 
rule, offering opportunity for Tribal consultation during three online 
consultation webinars, as well as upon request. Reclamation has fully 
considered Tribal views in this final rule, implementing 
recommendations offered by the Confederated Tribes of

[[Page 80991]]

the Umatilla Indian Reservation. With the unique relationship between 
the Federal Government and Indian Tribal governments, Reclamation aims 
to ensure Tribal governments are engaged, particularly, in the 
discussion about permitting for reburial of their ancestors and NAGPRA 
cultural items on Reclamation managed lands.

Paperwork Reduction Act of 1995

    This rule does not contain information collection requirements and 
does not require a submission to the Office of Management and Budget 
under the Paperwork Reduction Act.

National Environmental Policy Act

    This rule is categorically excluded from National Environmental 
Policy Act of 1969 (NEPA) analysis under Department of the Interior 
categorical exclusion 43 CFR 46.210(i), which covers ``Policies, 
directives, regulations, and guidelines: that are of an administrative, 
financial, legal, technical, or procedural nature; or whose 
environmental effects are too broad, speculative, or conjectural to 
lend themselves to meaningful analysis and will later be subject to the 
NEPA process, either collectively, or case-by-case.'' This rule does 
not change the existing allowances regarding public access to and 
conduct on Reclamation facilities, lands, and waterbodies except in 
instances where additional permits may be needed that could be subject 
to NEPA. Pursuant to 43 CFR 46.205(c), Reclamation has reviewed its 
reliance upon this categorical exclusion against the list of 
extraordinary circumstances at 43 CFR 46.215 and has found that none 
are applicable for this rule. Therefore, neither an environmental 
assessment nor an environmental impact statement is required for this 
rulemaking.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211 and does not require a Statement of Energy 
Effects.

List of Subjects in 43 CFR Part 423

    Law enforcement, Public conduct, Reclamation lands, Reclamation 
projects.

Promulgation of Final Rule

    For the reasons stated in the preamble, Reclamation is amending 
part 423 of title 43 of the CFR as follows:

PART 423--PUBLIC CONDUCT ON BUREAU OF RECLAMATION FACILITIES, LANDS 
AND WATERBODIES

0
1. Revise the authority citation for part 423 to read as follows:

    Authority:  43 U.S.C. 373a and 373b.


0
2. Amend Sec.  423.2 by:
0
a. Revising the definitions of ``Aircraft'' and ``Firearm''; and
0
b. In the definition of ``Off-road vehicle'':
0
i. Removing the word ``and'' at the end of paragraph (6);
0
ii. Removing the period at the end of paragraph (7) and adding ``; 
and'' in its place; and
0
iii. Adding paragraph (8).
    The revisions and addition read as follows:


Sec.  423.2  Definitions of terms used in this part.

    Aircraft means a device that is:
    (1) Used or intended to be used for flight in the air;
    (2) Capable of carrying a pilot, a payload, and/or passengers;
    (3) Controlled either by onboard crew or remotely; and/or
    (4) Identified by the Federal Aviation Administration as: general 
aviation aircraft, bush planes, seaplanes, float planes, ski planes, 
gliders, and helicopters, including those that are float/ski-equipped, 
variations of model aircraft, and unmanned or uncrewed aircraft 
systems.
* * * * *
    Firearm means:
    (1) Any weapon (including a starter gun) which will, is designed 
to, or may readily be converted to expel a projectile by the action of 
an explosive;
    (2) The frame or receiver of any such weapon; and
    (3) Any firearm muffler or firearm silencer.
* * * * *
    Off-road vehicle * * *
    (8) Electric bikes as defined and codified at 43 CFR part 420.
* * * * *

0
3. Amend Sec.  423.21 by adding paragraph (f) to read as follows:


Sec.  423.21  Responsibilities.

* * * * *
    (f) You must pay applicable fees established by Federal, State, or 
local government recreation management entities, or contracted vendors 
for activities on Reclamation facilities, lands, and waterbodies such 
as, but not limited to, camping, boating, parking, day-use, or visitor 
tours.

0
4. Revise Sec.  423.27 to read as follows:


Sec.  423.27  Advertising and public solicitation.

    (a) You must not engage in advertising or solicitation on 
Reclamation facilities, lands, or waterbodies except as allowed under 
valid contract with Reclamation, or as allowed by a permit issued 
pursuant to subpart D of this part.
    (b) It is prohibited to sell or rent private goods, including 
personal property, or represent others in the selling or renting of 
personal property, on Reclamation property unless specifically 
authorized under permit issued pursuant to subpart D of this part.

0
5. Revise Sec.  423.28 to read as follows:


Sec.  423.28  Memorials and reburials.

    (a) Memorials. You must not bury, deposit, or scatter human remains 
(except as noted in paragraph (b) of this section), or place memorials, 
markers, vases, or plaques on or in Reclamation facilities, lands, or 
waterbodies. See Sec.  423.35 for information on animal remains.
    (b) Native American Graves Protection and Repatriation Act (NAGPRA) 
reburials. You must not rebury human remains on or in Reclamation 
facilities, lands, or waterbodies unless permitted under subpart D of 
this part. An Indian Tribe official or the lineal descendants of 
federally recognized Tribes may apply for a permit issued pursuant to 
subpart D of this part to rebury NAGPRA (25 U.S.C. 3001-3013) human 
remains or cultural items (funerary objects, sacred objects, or objects 
of cultural patrimony) on or in Reclamation facilities, lands, or 
waterbodies.

0
6. Amend Sec.  423.30 by adding paragraph (d) to read as follows:


Sec.  423.30  Weapons, firearms, explosives, and fireworks.

* * * * *
    (d) In recreation facilities or areas operated through contracts or 
other agreements by a managing recreation partner agency from another 
Federal, State, local, or Tribal governmental entity, such as a State 
park, the laws, ordinances, and regulations of those partner agencies 
pertaining to possession and use of firearms shall be enforced by those 
partner agencies. 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.

0
7. Amend Sec.  423.33 by:
0
a. Revising paragraph (b);
0
b. Removing the semicolon at the end of paragraph (c) and adding a 
period in its place;

[[Page 80992]]

0
c. Removing ``; and'' at the end of paragraph (d) and adding a period 
in its place; and
0
d. Adding paragraph (f) to read as follows:


Sec.  423.33  Camping.

* * * * *
    (b) Camping stay limits are as follows:
    (1) You must not camp on Reclamation lands at any single 
Reclamation recreation facility such as a campground for more than 14 
days during any period of 30 consecutive days, except as allowed by 
permit issued under subpart D of this part.
    (2) You must not camp in a single location on Reclamation lands, 
including undeveloped project lands or open range for more than 14 days 
during any period of 30 consecutive days, and must move at least 10 
miles after each 14-day period is reached, except as allowed by permit 
issued under subpart D of this part.
* * * * *
    (f) Where recreation facilities or other areas of Reclamation lands 
and waterbodies are operated through a contract or other agreement by a 
managing recreation partner of another Federal, State, local, or Tribal 
governmental entity, such as a State park, the laws, ordinances, and 
regulations of those partner agencies pertaining to camping shall be 
enforced by those partner agencies. 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.

0
8. Amend Sec.  423.35 by adding paragraphs (e) and (f) to read as 
follows:


Sec.  423.35  Animals.

* * * * *
    (e) You must not bury, deposit, or scatter animal remains, or place 
memorials, markers, vases, or plaques on or in 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.
    (f) Where recreation facilities or other areas of Reclamation lands 
and waterbodies are operated through a contract or other agreement by a 
managing recreation partner of another Federal, State, local, or Tribal 
governmental entity, such as a State park, the laws, ordinances, and 
regulations of those partner agencies pertaining to animals and pets 
shall be enforced by those partner agencies. 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.

0
9. Amend Sec.  423.36 by revising paragraph (a) to read as follows:


Sec.  423.36  Swimming.

    (a) You may swim, wade, snorkel, scuba dive, raft, or tube at your 
own risk in Reclamation waters, except:
    (1) You may not swim past signs, fences, buoys, or barriers marking 
public access limits to, or within, 100 yards of Reclamation structures 
including, but not limited to, dams, powerplants, pumping plants, 
spillways, water conveyance gates, intake structures, stilling basins, 
and outlet works;
    (2) In canals, laterals, siphons, tunnels, and drainage works;
    (3) At public docks, launching sites, and designated mooring areas; 
or
    (4) As otherwise delineated by signs or other markers.
* * * * *

0
10. Amend Sec.  423.37 by revising the section heading and paragraph 
(b) to read as follows:


Sec.  423.37  Activities on iced waterbodies.

* * * * *
    (b) On iced-over Reclamation waterbodies, you must not ice skate, 
ice fish, ice sail, walk, ride, drive a vehicle, or otherwise move past 
buoys or barriers marking public access limits to, or come within 100 
yards of, Reclamation structures including, but not limited to, dams, 
powerplants, pumping plants, spillways, water conveyance gates, intake 
structures, stilling basins, and outlet works.
* * * * *

0
11. Amend Sec.  423.41 by:
0
a. Revising paragraphs (b), (c), (e), (f) introductory text, and 
(f)(2); and
0
b. Removing paragraph (g).
    The revisions read as follows:


Sec.  423.41  Aircraft.

* * * * *
    (b) Aircraft flight altitudes are as follows:
    (1) You must not operate any aircraft within 400 feet near or over 
dams, powerplants, electrical switchyards, pumping plants, spillways, 
stilling basins, gates, intake structures, outlet works, warehouses, 
offices, maintenance facilities, campgrounds, gate houses, control 
houses, or other occupied recreation or operations facilities without 
prior approval by an authorized official.
    (2) You must not operate any aircraft on or above Reclamation 
facilities, lands, and waterbodies in a careless, negligent, or 
reckless manner so as to endanger or harass persons or wildlife or pose 
a risk to infrastructure or natural or cultural resources.
    (c) Temporary flight restrictions are as follows:
    (1) You must not operate an aircraft on or above Reclamation 
facilities, lands, and waterbodies in violation of a temporary flight 
restriction established by the Federal Aviation Administration (FAA) 
without prior approval by an authorized officer.
    (2) 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.
* * * * *
    (e) You must comply with all applicable FAA and U.S. Coast Guard 
regulations (14 CFR parts 1, 61, and 91 and 33 CFR part 104, 
respectively) when operating a float/ski-equipped aircraft, including 
seaplanes, on Reclamation waterbodies.
    (f) You must securely moor any float/ski-equipped aircraft, 
including seaplanes, remaining on Reclamation waterbodies in excess of 
24 hours at mooring facilities and locations designated by an 
authorized official. Float/ski-equipped aircraft, including 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:
* * * * *
    (2) The operator remains in the vicinity of the float/ski-equipped 
aircraft, including seaplanes, and is reasonably available to relocate 
the aircraft if necessary.

0
12. Amend Sec.  423.50 by revising paragraph (a) to read as follows:


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, and waterbodies otherwise prohibited 
or restricted by Sec. Sec.  423.16(a)(3), 423.26, 423.27, 423.28(b), 
423.29(f), 423.30(c), 423.33(d), 423.35(d)(1), and 423.41, and may 
terminate or revoke such permits for non-use; noncompliance 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.
* * * * *

0
13. Amend Sec.  423.60 by revising paragraph (a)(1) to read as follows:

[[Page 80993]]

Sec.  423.60  How special use areas are designated.

    (a) * * *
    (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, except Sec.  423.28(a); 
and
* * * * *

0
14. Revise Sec.  423.63 to read as follows:


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 of this part are considered 
existing special use areas, and such differing rules remain in effect 
to the extent allowed by subpart A of this part, and to the extent they 
are consistent with Sec.  423.28(a). 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 modified or 
terminated.

Michael Brain,
Principal Deputy Assistant Secretary for Water and Science.
[FR Doc. 2023-25466 Filed 11-20-23; 8:45 am]
BILLING CODE 4332-90-P


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