54214 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

43 CFR Parts 423 and 429 

RIN 1006–AA45 

Public Conduct on Bureau of 

Reclamation Facilities, Lands, and 

Waterbodies; and Procedure to 

Process and Recover the Value of 

Rights-of-Use and Administrative 

Costs Incurred in Permitting Such Use 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Bureau of Reclamation is 

issuing this proposed rulemaking to 

establish regulations regarding public 

access to and conduct on all 

Reclamation projects, waters, and real 

property subject to the jurisdiction or 

administration of Reclamation or in its 

custody. Reclamation is required by law 

to issue this rule in order to maintain 

law and order and protect persons and 

property on its projects. This proposed 

rule would supersede the existing 

Public Conduct rule, and amend 

provisions located elsewhere to ensure 

consistency. 

DATES: Reclamation must receive any 

comments on this proposed rulemaking 

no later than November 14, 2005. 

ADDRESSES: You may submit comments, 

identified by the number 1006–AA45, 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov Follow the 

instructions for submitting comments. 

—E-mail: PublicConductRule 

Comments@do.usbr.gov Include the 

number 1006–AA45 in the subject 

line of the message. 

—Fax: (720) 544–4208. 

—Mail: Director, Security, Safety, and 

Law Enforcement, Bureau of 

Reclamation, 6th and Kipling, 

Building 67, Denver, CO 80225. 

—Hand Delivery: Bureau of 

Reclamation, Denver Federal Center, 

6th and Kipling, Building 67, Room 

124, Lakewood, Colorado. 

FOR FURTHER INFORMATION CONTACT: 

Larry Todd, Director, Security, Safety, 

and Law Enforcement, Bureau of 

Reclamation, 6th and Kipling, Building 

67, Denver, CO 80225, telephone 303– 

445–3736. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 12, 2001, Congress 

enacted Pub. L. 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’s 

authority in this regard has been 

delegated to the Commissioner of 

Reclamation, and this proposed 

rulemaking would replace the existing 

statutorily required regulations. 

Reclamation is best known to the 

public by its large dams such as Hoover 

and Grand Coulee. In fact, Reclamation 

has constructed and operated major 

water projects in all of the 17 

contiguous western states, including 

more than 500 dams, 348 reservoirs, and 

58 hydroelectric powerplants. These 

plants produce an average of 42 billion 

kilowatt-hours annually, making 

Reclamation the nation’s ninth largest 

utility. Reclamation projects deliver 10 

trillion gallons of water to more than 31 

million people annually, and provide 

irrigation water to 10 million acres of 

farmland producing vegetables, fruits, 

grains, fiber, and other crops critical to 

the nation’s economy. In addition, 

Reclamation reservoirs draw 90 million 

recreational user visits annually, and 

Reclamation is responsible for the 

administration of over 8 million acres of 

public lands. Because of Reclamation’s 

vital role in providing water, power, 

agricultural products, and recreational 

opportunities to the entire nation, the 

safety and security of Reclamation 

facilities and the people visiting them is 

of critical importance. 

In addressing security issues on 

Reclamation projects, this proposed rule 

inevitably touches on a wide range of 

public safety, recreation, and resource 

management topics such as firearms, 

hunting, boating, diving, archeological 

resources, and many others. Therefore, 

while this proposed rule is primarily 

focused on the security of the hundreds 

of Reclamation dams, reservoirs, 

hydroelectric power plants, and other 

project facilities, it also addresses a 

number of related issues concerning 

public conduct on Reclamation projects. 

This proposed rule is designed to 

provide consistent and adequate tools 

for addressing public conduct while at 

the same time providing the necessary 

flexibility to be successfully applied to 

the wide variety of Reclamation projects 

and facilities. 

In this rulemaking, Reclamation is 

also proposing minor amendments to 

the existing 43 CFR part 429, Procedure 

to Process and Recover the Value of 

Rights-of-Use and Administrative Costs 

Incurred in Permitting Such Use, to 

make it consistent with the proposed 43 

CFR part 423. These minor amendments 

would clarify 43 CFR part 429 which 

addresses uses of Reclamation lands 

involving possession and occupation, in 

contrast to the proposed 43 CFR part 

423 which would apply to occasional 

public uses that do not involve 

possession or occupation. 

These proposed rules would not 

significantly affect either the 

administration or the existing public 

uses of Reclamation facilities, lands, 

and waterbodies. Rather, these proposed 

rules are intended to provide a tool for 

administrators and law enforcement 

personnel to utilize in enhancing the 

security of Reclamation facilities, lands, 

and waterbodies for the benefit of the 

public. 

II. Existing Rule Superseded 

On April 17, 2002, Reclamation 

published 43 CFR part 423, Public 

Conduct on Bureau of Reclamation 

Lands and Projects (67 FR 19092, April 

17, 2002) as an interim rule. In the 

preamble to that rule, Reclamation 

stated its intent to replace the interim 

rule with a more comprehensive public 

conduct rule and set April 17, 2003 as 

the interim rule’s expiration date. In 

order to provide more time to develop 

the comprehensive public conduct rule, 

Reclamation later extended the 

expiration of the interim rule to April 

17, 2005 (68 FR 16214, Apr. 3, 2003), 

and again to April 17, 2006 (70 FR 

15778, March 29, 2005). This proposed 

rule would satisfy Reclamation’s 

commitment to develop a 

comprehensive public conduct rule and 

would supersede the existing 43 CFR 

part 423. 

III. Procedural Matters 

National Environmental Policy Act 

(NEPA) 

Reclamation has analyzed this 

proposed rule in accordance with the 

criteria of the NEPA and Department 

Manual 516 DM. This proposed rule 

does not constitute a major Federal 

action significantly affecting the quality 

of the human environment. An 

environmental assessment is not 

required. The proposed rule is 

categorically excluded from NEPA 

review under 40 CFR 1508.4 and 

Departmental Manual 516 DM 2, 

Appendix 1, paragraph 1.10. 

Executive Order 12866, Regulatory 

Planning and Review 

Under Executive Order (E.O.) 12866, 

(58 FR 51735, Oct. 4, 1993), an agency 

must determine whether a regulatory 

action is significant and therefore 

subject to Office of Management and 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 54215 

Budget (OMB) review and the 

requirements of the E.O. E.O. 12866 

defines a ‘‘significant regulatory action’’

as a regulatory action meeting any one 

of four criteria specified in the E.O. This 

rulemaking is considered a significant 

regulatory action under criterion 

number four, because it raises novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the E.O. 

Reclamation has therefore submitted 

this proposed regulation to OMB for 

review. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq). A Regulatory 

Flexibility Analysis is not required. 

Accordingly, a Small Entity Compliance 

Guide is not required. 

Small Business Regulatory Enforcement 

Fairness Act 

This proposed rule is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Fairness Act. The 

proposed rule: 

(1) Will not have an annual effect on 

the economy of $100 million or more. 

(2) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, state, or 

local government agencies, or 

geographic regions. 

(3) Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act of 1995 

This proposed rule does not impose 

an unfunded mandate on state, local, or 

tribal governments or the private sector 

of more than $100 million per year. 

Moreover, the proposed rule does not 

have a significant or unique effect on 

state, local, or tribal governments or the 

private sector. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

Executive Order 12630, Takings 

In accordance with Executive Order 

12630, this proposed rule does not have 

significant takings implications. Thus, a 

takings implication assessment is not 

required. This proposed rule only 

addresses public access to and the 

possible consequences of public 

conduct on Reclamation lands and 

Reclamation projects. 

Paperwork Reduction Act 

This proposed rule does not require 

any information collection under the 

Paperwork Reduction Act. Therefore, an 

OMB Form 83–I is not required. 

Executive Order 13132, Federalism 

In accordance with Executive Order 

13132, this proposed rule does not have 

Federalism implications. A Federalism 

assessment is not required. The 

proposed rule will not affect the roles, 

rights, and responsibilities of states in 

any way. Moreover, the proposed rule 

will not result in the Federal 

Government taking control of traditional 

state responsibilities, nor will it 

interfere with the ability of states to 

formulate their own policies. In 

addition, the proposed rule will not 

affect the distribution of power, the 

responsibilities among the various 

levels of government, nor preempt state 

law. 

Executive Order 12988, Civil Justice 

Reform 

In accordance with Executive Order 

12988, the Department’s Office of the 

Solicitor has determined that this 

proposed rule does not unduly burden 

the judicial system and meets the 

requirements of section 3(a) and 3(b)(2) 

of the Executive Order. 

Executive Order 13211, Energy Impacts 

In accordance with Executive Order 

13211, this proposed rule will not have 

a significant adverse effect on the 

supply, distribution, and use of energy. 

Therefore, a Statement of Energy Effects 

is not required. 

Clarity of This Regulation 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. Reclamation invites your 

comments on how to make this rule 

easier to understand, including answers 

to questions such as the following: (1) 

Are the requirements in the rule clearly 

stated? (2) Does the rule contain 

technical language or jargon that 

interferes with its clarity? (3) Does the 

format of the rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce its 

clarity? (4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? (A ‘‘section’’

appears in bold type and is preceded by 

the symbol ‘‘§’’ and a numbered 

heading; for example, § 423.18.) (5) Is 

the description of the rule in the 

‘‘Supplementary Information’’ section of 

the preamble helpful in understanding 

the proposed rule? What else could 

Reclamation do to make the rule easier 

to understand? 

Send a copy of any comments that 

concern how Reclamation could make 

this rule easier to understand to: Office 

of Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street NW., 

Washington, DC 20240. You may also email the comments to this address: 

exsec@ios.doi.gov. 

IV. Comments on the Existing 43 CFR 

Part 423, Public Conduct on Bureau of 

Reclamation Lands and Projects 

Reclamation received only one 

response concerning the existing 43 CFR 

part 423 which was published on, and 

has been in effect since, April 17, 2002. 

The commenter was a state agency 

which stated that it had no major 

comment, but asked that any additional 

or follow-up information be forwarded 

to that office. 

V. Comments on This Proposed 

Rulemaking 

If you wish to comment on the 

substance of this proposed rule, there 

are four ways you may do so: 

1. You may mail comments to: 

Director, Security, Safety, and Law 

Enforcement, Bureau of Reclamation, 

Denver Federal Center, 6th and Kipling, 

Building 67, Denver, CO 80225, 

Attention: Gary Anderson, D–1410. 

2. You may hand-deliver comments to 

the Bureau of Reclamation, Denver 

Federal Center, 6th and Kipling, 

Building 67, Room 124, Lakewood, 

Colorado. 

3. You may e-mail comments to this 

address: PublicConductRuleComments@

do.usbr.gov. 

Please submit Internet comments as 

an ASCII file avoiding the use of special 

characters and any form of encryption. 

Please also include ‘‘Attn: RIN number 

1006–AA45’’ and your name and return 

address in your Internet message. If you 

do not receive a confirmation from the 

system that Reclamation has received 

your Internet message, contact us 

directly at (303) 445–3736. 

4. You may send comments by 

facsimile machine to telephone number 

(720) 544–4208. 

It is Reclamation’s practice to make 

comments, including names and home 

addresses of respondents, available for 

public review during regular business 

hours. Individual respondents may 

request that Reclamation withhold their 

home address from the rulemaking 

record. Reclamation will honor such a 

request to the extent allowable by law. 

There also may be circumstances in 

which Reclamation would withhold 

from the rulemaking record a 

respondent’s identity, as allowable by 

law. If you wish Reclamation to 

withhold your name and/or address, 

54216 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

you must indicate your request 

prominently at the beginning of your 

comment. However, Reclamation will 

not consider anonymous comments. 

Reclamation will make all submissions 

from organizations or businesses, and 

from individuals identifying themselves 

as representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

List of Subjects 

43 CFR Part 423 

Law enforcement, Public conduct, 

Reclamation lands, and Reclamation 

projects. 

43 CFR Part 429 

Public lands—rights-of-way; 

Reporting and recordkeeping 

requirements. 

R. Thomas Weimer, 

Acting Assistant Secretary—Water and 

Science. 

For the reasons set forth in the 

preamble, the Bureau of Reclamation 

proposes to amend 43 CFR part 423 and 

43 CFR part 429 as follows: 

1. Revise part 423 to read as follows: 

PART 423—PUBLIC CONDUCT ON 

BUREAU OF RECLAMATION 

FACILITIES, LANDS, AND 

WATERBODIES 

Subpart A—Purpose, Definitions, and 

Applicability 

Sec. 

423.1 Purpose. 

423.2 Definitions of terms used in this part. 

423.3 When does this part apply? 

Subpart B—Areas Open and Closed to 

Public Use 

423.10 What areas are open to public use? 

423.11 What areas are closed to public use? 

423.12 How will Reclamation close 

additional areas? 

423.13 How will Reclamation establish 

periodic and regular closures? 

423.14 How will Reclamation post and 

delineate closed areas? 

423.15 How will Reclamation document 

closures or reopenings? 

423.16 Who can be exempted from 

closures? 

423.17 How will Reclamation reopen closed 

areas? 

Subpart C—Rules of Conduct 

423.20 General rules. 

423.21 Responsibilities. 

423.22 Interference with agency functions 

and disorderly conduct. 

423.23 Abandonment and impoundment of 

personal property. 

423.24 Trespassing. 

423.25 Vandalism, tampering, and theft. 

423.26 Public events and gatherings. 

423.27 Advertising and public solicitation. 

423.28 Memorials. 

423.29 Natural and cultural resources. 

423.30 Weapons, explosives, and fireworks. 

423.31 Fires. 

423.32 Hunting, fishing, and trapping. 

423.33 Camping. 

423.34 Sanitation. 

423.35 Animals. 

423.36 Swimming. 

423.37 Winter activities. 

423.38 Operating vessels on Reclamation 

waters. 

423.39 Standards for vessels. 

423.40 Vehicles. 

423.41 Aircraft. 

423.42 Gambling. 

423.43 Alcoholic beverages. 

423.44 Controlled substances. 

Subpart D—Authorization of Otherwise 

Prohibited Activities 

423.50 How can I obtain permission for 

prohibited or restricted uses and 

activities? 

Subpart E—Special Use Areas 

423.60 How special use areas are 

designated. 

423.61 Notifying the public of special Use 

Areas. 

423.62 Documentation of special use area 

designation or termination. 

423.63 Reservations for public use limits. 

423.64 Existing special use areas. 

Subpart F—Violations and Sanctions 

423.70 Violations. 

423.71 Sanctions. 

Authority: Public Law 107–69 (November 

12, 2001) (Law Enforcement Authority) (43 

U.S.C. 373b and 373c); Public Law 102–575, 

Title XXVIII (October 30, 1992) (16 U.S.C. 

460l–31 through 34); Public Law 89–72 (July 

9, 1965) (16 U.S.C. 460l–12); Public Law 

106–206 (May 26, 2000) (16 U.S.C. 460l–6d); 

Public Law 59–209 (June 8, 1906) (16 U.S.C. 

431–433); Public Law 96–95 (October 31, 

1979) (16 U.S.C. 470aa–mm). 

Subpart A—Purpose, Definitions, and 

Applicability 

§ 423.1 Purpose. 

The purpose of this part is to maintain 

law and order and protect persons and 

property within Reclamation projects 

and on Reclamation facilities, lands, 

and waterbodies. 

§ 423.2 Definitions of terms used in this 

part. 

Aircraft means a device that is used 

or intended to be used for human flight 

in the air, including powerless flight, 

unless a particular section indicates 

otherwise. 

Archeological resource means any 

material remains of past human life or 

activities which are of archeological 

interest, as determined under 43 CFR 

part 7, including but not limited to 

pottery, basketry, bottles, weapons, 

projectiles, tools, structures or portions 

of structures, pit houses, rock paintings, 

rock carvings, intaglios, graves, human 

remains, or any portion of any of the 

foregoing items. Archeological resources 

are a component of cultural resources. 

Authorized official means the 

Commissioner of the Bureau of 

Reclamation and those officials to 

whom the Commissioner has delegated 

the authority to enforce and implement 

this part 423. 

Camping means erecting a tent or 

shelter; preparing a sleeping bag or 

other bedding material for use; parking 

a motor vehicle, motor home, or trailer; 

or mooring a vessel for the intended or 

apparent purpose of overnight 

occupancy. 

Cultural resource means any manmade or associated prehistoric, historic, 

architectural, sacred, or traditional 

cultural property and associated objects 

and documents that are of interest to 

archeology, anthropology, history, or 

other associated disciplines. Cultural 

resources includes archeological 

resources, historic properties, 

traditional cultural properties, sacred 

sites, and cultural landscapes that can 

be delimited and associated with human 

activity or occupation. 

Disorderly conduct means any of the 

following acts: 

(1) Fighting, or threatening or violent 

behavior; 

(2) Language, utterance, gesture, or 

display or act that is obscene, physically 

threatening or menacing, or that is likely 

to inflict injury or incite an immediate 

breach of the peace; 

(3) Unreasonable noise, considering 

the nature and purpose of the person’s 

conduct, location, time of day or night, 

and other factors that would govern the 

conduct of a reasonably prudent person 

under the circumstances; 

(4) Creating or maintaining a 

hazardous or physically offensive 

condition; or 

(5) Any other act or activity that may 

cause or create public alarm, nuisance, 

or bodily harm. 

Explosives means explosive materials, 

including explosive fireworks, 

pyrotechnics, and any other explosive 

devices, but not ammunition. 

Fishing means taking or attempting to 

take, by any means, any fish, mollusk, 

or crustacean found in fresh or salt 

water. 

Geophysical discovery device means 

any mechanism, tool, or equipment 

including, but not limited to, metal 

detectors and radar devices, that can be 

used to detect or probe for objects 

beneath land or water surfaces. 

Historic property means any 

prehistoric or historic district, site, 

building, structure, or object included 

on, or eligible for inclusion on, the 

National Register of Historic Places, 

including artifacts, records, and material 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 54217 

remains related to such a property or 

resource. 

Hunting means taking or attempting 

to take wildlife by any means, except by 

trapping or fishing. 

Museum property means personal 

property acquired according to some 

rational scheme and preserved, studied, 

or interpreted for public benefit, 

including, but not limited to, objects 

selected to represent archeology, art, 

ethnography, history, documents, 

botany, paleontology, geology, and 

environmental samples. 

Natural resources means assets or 

values related to the natural world, such 

as plants, animals, water, air, soils, 

minerals, geologic features and 

formations, fossils and other 

paleontological resources, scenic values, 

etc. Natural resources are those 

elements of the environment not created 

by humans. 

Off-road-vehicle means any motorized 

vehicle (including the standard 

automobile) designed for or capable of 

cross-country travel on or immediately 

over land, water, sand, snow, ice, 

marsh, swampland, or natural terrain. 

The term excludes all of the following: 

(1) Nonamphibious registered 

motorboats; 

(2) Military, fire, emergency, or law 

enforcement vehicles when used for 

emergency purpose; 

(3) Self-propelled lawnmowers, 

snowblowers, garden or lawn tractors, 

and golf carts while being used for their 

designed purpose; 

(4) Agricultural, timbering, 

construction, exploratory, and 

development equipment and vehicles 

while being used exclusively as 

authorized by permit, lease, license, 

agreement, or contract with 

Reclamation; 

(5) Any combat or combat support 

vehicle when used in times of national 

defense emergencies; 

(6) ‘‘Official use’’ vehicles; and 

(7) Wheel chairs and other vehicles 

designed and used for transporting 

persons with disabilities. 

Operator means a person who 

operates, drives, controls, has charge of, 

or is in actual physical control of any 

mode of transportation or other 

equipment. 

Permit means any written document 

issued by an authorized official 

pursuant to subpart D of this part 423 

authorizing a particular activity with 

specified time limits, locations, and/or 

other conditions. 

Person means an individual, entity, or 

organization. 

Pet means a domesticated animal 

other than livestock. (‘‘Livestock’’ is any 

hoofed animal used for agricultural, 

riding, pulling, or packing purposes.) 

Public use limit means any limitation 

on public uses or activities established 

by law or regulation. 

Real property means any legal interest 

in land and the water, oil, gas, and 

minerals in, on, and beneath the land 

surface, together with the 

improvements, structures, and fixtures 

located thereon. 

Reclamation means the Bureau of 

Reclamation, United States Department 

of the Interior. 

Reclamation facilities, lands, and 

waterbodies means Reclamation 

facilities, Reclamation lands, and 

Reclamation waterbodies. 

Reclamation facility means any 

facility constructed or acquired under 

Federal reclamation law that is used and 

occupied by Reclamation under a lease, 

easement, right-of-way, license, 

contract, or other arrangement. The term 

includes, but is not limited to, any of 

the following that are under the 

jurisdiction of or administered by 

Reclamation: dams, powerplants, 

switchyards, transmission lines, 

recreation facilities, fish and wildlife 

facilities, canals, drains, pumping 

plants, buildings, warehouses, tunnels, 

siphons, water diversion structures, 

bridges, and roads. 

Reclamation lands means any real 

property under the jurisdiction of or 

administered by Reclamation, and 

includes, but is not limited to, all 

acquired and withdrawn lands and 

lands in which Reclamation has a lease 

interest, easement, or right-of-way. 

Reclamation project means any water 

supply, water delivery, flood control, or 

hydropower project, together with any 

associated facilities for fish, wildlife, 

recreation, or water treatment 

constructed or administered by 

Reclamation under the Federal 

reclamation laws [the Act of June 17, 

1902 (32 Stat. 388, chapter 1093; 43 

U.S.C. 371 et. seq.), and Acts 

supplementary thereto and amendatory 

thereof]. 

Reclamation waterbody means any 

body of water situated on Reclamation 

lands or under Reclamation jurisdiction. 

Refuse means any human or pet 

waste, litter, trash, garbage, rubbish, 

debris, contaminant, pollutant, waste 

liquid or other discarded materials. 

Sacred site means any specific, 

discrete, or narrowly delineated location 

on Federal land that is identified by an 

Indian tribe, or Indian individual 

determined to be an appropriately 

authoritative representative of an Indian 

religion, as sacred by virtue of its 

established religious significance to, or 

ceremonial use by, an Indian religion; 

provided that the tribe or appropriately 

authoritative representative of an Indian 

religion has informed the land managing 

agency of the existence of such a site. 

Special use area means an area at or 

within a Reclamation facility, or an area 

of Reclamation lands or waterbodies, 

which has been designated by an 

authorized official pursuant to subpart E 

of this part 423 as an area in which 

special rules for public conduct which 

may differ from those established in 

subpart C of this part 423 will apply. 

State and local laws means the laws, 

statutes, regulations, ordinances, codes, 

and court decisions of a state and of the 

counties, municipalities, or other 

governmental entities which are enabled 

by statute and vested with legislative 

authority. 

Traditional cultural property means a 

discretely defined property that is 

eligible for inclusion on the National 

Register of Historic Places because of its 

association with cultural practices or 

beliefs of a living community that: 

(1) Are rooted in that community’s 

history; and 

(2) Are important in maintaining the 

continuing cultural identity of the 

community. 

Trapping means taking, or attempting 

to take, wildlife with a snare, trap, 

mesh, wire, or other implement, object, 

or mechanical device designed to 

entrap, ensnare, or kill animals, 

including fish. 

Trespass means: 

(1) Unauthorized possession or 

occupancy of Reclamation facilities, 

lands, or waterbodies; 

(2) Personal entry, presence, or 

occupancy on or in any portion or area 

of Reclamation facilities, lands, or 

waterbodies that have been closed to 

public use pursuant to subpart B of this 

part 423; 

(3) Unauthorized extraction or 

disturbance of natural or cultural 

resources located on Reclamation 

facilities, lands, or waterbodies; 

(4) Unauthorized conduct of 

commercial activities on Reclamation 

facilities, lands, or waterbodies; 

(5) Holding unauthorized public 

gatherings on Reclamation facilities, 

lands, or waterbodies; or 

(6) Unauthorized dumping or 

abandonment of personal property on 

Reclamation facilities, lands, or 

waterbodies. 

Vehicle means every device in, upon, 

or by which a person or property is or 

may be transported or drawn on land, 

whether moved by mechanical, animal, 

or human power, including but not 

limited to automobiles, trucks, 

motorcycles, mini-bikes, snowmobiles, 

dune buggies, all-terrain vehicles, 

54218 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

trailers, campers, bicycles, and those 

used exclusively upon stationary rails or 

tracks; except wheelchairs used by 

persons with disabilities. 

Vessel means any craft that is used or 

capable of being used as a means of 

transportation on or under water or ice, 

including but not limited to powerboats, 

cruisers, houseboats, sailboats, airboats, 

hovercraft, rowboats, canoes, kayaks, ice 

yachts, or personal watercraft. A 

seaplane on Reclamation waters is 

considered a vessel for the purposes of 

§ 423.38 of this part. Inner tubes, air 

mattresses, and other personal flotation 

devices are not considered vessels. 

Weapon means any instrument or 

substance designed, used, or intended to 

be used to cause or threaten to cause 

pain, injury, or death. 

Wildlife means any non-domestic 

member of the animal kingdom and 

includes a part, product, egg, offspring, 

or dead body or part thereof, including 

but not limited to mammals, birds, 

reptiles, amphibians, fish, mollusks, 

crustaceans, arthropod, coelenterate, or 

other invertebrate, whether or not bred, 

hatched, or born in captivity. 

You means a person or entity on 

Reclamation facilities, lands, or 

waterbodies. 

§ 423.3 When does this part apply? 

(a) This part and all applicable state 

and local laws apply to all persons on 

Reclamation facilities, lands, and 

waterbodies, with the following 

exceptions: 

(1) Certain exceptions apply to 

Federal, state, local, and contract 

employees, as further addressed in 

paragraph (b) of this section. 

(2) Certain exceptions apply to nonFederal entities, as further addressed in 

paragraph (c) of this section; 

(3) Certain exceptions apply on 

Reclamation facilities, lands, and 

waterbodies administered by other 

Federal agencies, as further addressed in 

paragraph (d) of this section; 

(4) Certain exceptions apply on 

Reclamation facilities, lands, and 

waterbodies subject to treaties and 

Federal laws concerning tribes and 

Indians, as further addressed in 

paragraph (e) of this section; and 

(5) This part does not apply on 

Hoover Dam; on any structure, building, 

or property appurtenant thereto; or on 

the surrounding Reclamation facilities 

and lands. Public conduct at Hoover 

Dam is governed by 43 CFR part 421. 

(b) This part does not apply to: 

(1) Federal, state, and local law 

enforcement, fire, and rescue personnel 

in the performance of their official 

duties on Reclamation facilities, lands, 

and waterbodies; 

(2) An employee or agent of the 

Federal government when the employee 

or agent is carrying out official duties; 

or 

(3) An employee or agent of an entity 

that has entered into a contract or 

agreement with Reclamation to 

administer, operate, maintain, patrol, or 

provide security for Reclamation 

facilities, lands, and waterbodies, when 

the employee or agent is working within 

the scope of the defined activities 

described in the contract or agreement. 

(c) If a non-Federal entity has 

assumed responsibility for operating, 

maintaining, or managing Reclamation 

facilities, lands, or waterbodies through 

a contract or other written agreement: 

(1) Public conduct in and on those 

Reclamation facilities, lands, and 

waterbodies will be regulated by this 

part 423 as well as any regulations 

established by the entity, and the terms 

of the entity’s contract with 

Reclamation. 

(2) In cases of conflict between the 

regulations of the entity and this part 

423 or other Federal laws, this part and 

other Federal laws will govern. 

(d) Public conduct on Reclamation 

facilities, lands, and waterbodies 

administered by other Federal agencies 

under statute or other authority will be 

governed by the regulations of those 

agencies rather than this part 423. 

However, Reclamation retains the right 

to take necessary actions to safeguard 

the security and safety of the public and 

such Reclamation facilities, lands and 

waterbodies. 

(e) This part applies on all 

Reclamation facilities, lands, and 

waterbodies that are subject to Treaties 

with, and Federal laws concerning the 

rights of, Federally recognized Tribes, 

and individual Indians who are 

members thereof, to the extent that this 

part is consistent with those Treaties 

and Federal laws. 

Subpart B—Areas Open and Closed to 

Public Use 

§ 423.10 What areas are open to public 

use? 

All Reclamation facilities, lands, and 

waterbodies are open to lawful use by 

the public unless they are closed to 

public use under this subpart B of this 

part 423. 

§ 423.11 What areas are closed to public 

use? 

The following Reclamation facilities, 

lands, and waterbodies, or portions 

thereof, are closed to public use: 

(a) Those that were closed to public 

use as of [effective date of this 

regulation], as evidenced by fencing, 

gates, barriers, locked doors, road 

closures, signage, posting of notices, or 

other reasonably obvious means; and 

(b) Those that are closed after 

[effective date of this regulation] under 

§ 423.12. 

(c) Those that are closed periodically 

and regularly under § 423.13. 

§ 423.12 How will Reclamation close 

additional areas? 

(a) Non-emergency situations. In nonemergency situations, an authorized 

official must provide 30 days advance 

public notice before closing all or 

portions of Reclamation facilities, lands, 

or waterbodies. The notice must include 

publication in a newspaper of general 

circulation in the locale of the 

Reclamation facilities, lands, or 

waterbodies to be closed. Nonemergency situations covered by this 

section include: 

(1) Protection and security of 

Reclamation facilities and of 

Reclamation’s employees and agents; 

(2) Protection of public health and 

safety, cultural resources, natural 

resources, scenic values, or scientific 

research activities; 

(3) Safe and efficient operation and 

maintenance of Reclamation projects; 

(4) Reduction or avoidance of 

conflicts among visitor use activities; 

(5) National security; or 

(6) Other reasons in the public 

interest. 

(b) Emergency situations. In 

emergency situations where delay 

would result in significant risks, or for 

reasons of national security, an 

authorized official may close all or 

portions of Reclamation facilities, lands, 

or waterbodies without advance public 

notice. 

§ 423.13 How will Reclamation establish 

periodic and regular closures? 

Reclamation facilities, lands, or 

waterbodies that are closed periodically 

and regularly, regardless of the date of 

the initial closure, must be noticed as 

provided in § 423.12(a) only once, and 

at any time the schedule of closure is 

changed. 

§ 423.14 How will Reclamation post and 

delineate closed areas? 

Before or at the time of closing all or 

portions of Reclamation facilities, lands, 

or waterbodies to public use, the 

responsible authorized official must 

indicate the closure by: 

(a) Locked doors, fencing, gates, and 

other barriers; 

(b) Posted signs and notices at 

conspicuous locations, such as at 

normal points of entry and at reasonable 

intervals along the boundary of the 

closed area; 

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(c) Notations on maps available at the 

local Reclamation office, office of the 

operating entity, or other places 

convenient to the public; or 

(d) Other reasonably obvious means. 

§ 423.15 How will Reclamation document 

closures or reopenings? 

(a) The authorized official must 

document the reason(s) for establishing 

any closure or reopening that occurs 

after [insert the effective date of the 

regulation]. The official must do this 

before the closure or reopening, except 

in the situations described in 

§ 423.12(b). In such situations, the 

authorized official must complete the 

documentation as soon as practicable. 

(b) Documentation of a closure must 

cite one or more of the conditions for 

closure described in § 423.12 of this 

part. 

(c) Documentation of closures or 

reopenings will be available to the 

public upon request, except when the 

release of this documentation would 

result in a breach of national security or 

the security of Reclamation facilities. 

§ 423.16 Who can be exempted from 

closures? 

(a) You may be exempted from a 

closure, subject to any terms and 

conditions established under paragraph 

(c) of this section, by the authorized 

official who effected or who is 

responsible for the closure, if you are: 

(1) A person with a license or 

concession agreement that requires you 

to have access to the closed Reclamation 

facilities, lands, or waterbodies; 

(2) An owner or lessee of real 

property, resident, or business in the 

vicinity of closed Reclamation facilities, 

lands, or waterbodies who cannot 

reasonably gain access to your property, 

residence, or place of business without 

entering and crossing such closed 

Reclamation facilities, lands, or 

waterbodies; or 

(3) A holder of a permit granting you 

an exemption from the closure issued 

under subpart D of this part 423 by the 

authorized official who effected or who 

is responsible for the closure. 

(b) You may request exemption from 

a closure by writing to the authorized 

official who effected or who is 

responsible for the closure. You need 

not do so if you have such an exemption 

in effect on [effective date of this 

regulation]. 

(c) An authorized official may 

establish terms and conditions on any 

exemption from a closure, or terminate 

such exemption, for any of the reasons 

listed in § 423.12. 

§ 423.17 How will Reclamation reopen 

closed areas? 

An authorized official may reopen to 

public use any Reclamation facilities, 

lands, and waterbodies, or portions 

thereof. The authorized official may do 

this at any time with advance or 

subsequent public notice, except as 

required by other statute or regulation, 

and must document the reopening as 

provided in § 423.15. 

Subpart C—Rules of Conduct 

§ 423.20 General rules. 

(a) You must obey all applicable 

Federal, State, and local laws whenever 

you are at or on any Reclamation 

facilities, lands, or waterbodies. 

(b) You must comply with all 

provisions of this subpart C whenever 

you are at or on any Reclamation 

facilities, lands, or waterbodies, except 

as specifically provided by: 

(1) A permit issued by an authorized 

official under subpart D of this part 423; 

(2) A contract with Reclamation or 

agency managing Reclamation lands, 

facilities and waterbodies; 

(3) The rules established by an 

authorized official in a special use area 

under subpart E of this part 423; or 

(4) A right-of-use issued under 43 CFR 

part 429. 

§ 423.21 Responsibilities. 

(a) You are responsible for finding, 

being aware of, and obeying notices and 

postings of closed and special use areas 

established by an authorized official 

under subpart B and subpart E of this 

part 423. 

(b) You are responsible for the use of 

any device, vehicle, vessel, or aircraft 

you own, lease, or operate on 

Reclamation facilities, lands, or 

waterbodies. You may be issued a 

citation for a violation of regulations 

applicable to the use of any device, 

vehicle, vessel, or aircraft as provided in 

this part as the owner, lessee, or 

operator. 

(c) You are responsible for the use and 

treatment of Reclamation facilities, 

lands, and waterbodies, and the cultural 

resources, wildlife, and other natural 

resources located thereon, by you and 

those for whom you are legally 

responsible. This presumption is 

sufficient to issue a citation to you for 

violation of provisions of these 

regulations by you or by those for whom 

you are legally responsible. 

(d) The regulations governing permits, 

other use authorizations, and fees on 

Reclamation lands that are found in 

subpart D of this part 423 apply to your 

use of Reclamation facilities, lands, and 

waterbodies. 

(e) You must furnish identification 

information upon request by a law 

enforcement officer. 

§ 423.22 Interference with agency 

functions and disorderly conduct. 

(a) You must not assault, threaten, 

disturb, resist, intimidate, impede, or 

interfere with any employee or agent of 

the United States, state, or local 

government engaged in an official duty. 

(b) You must comply with any lawful 

order of an authorized government 

employee or agent for the purpose of 

maintaining order and controlling 

public access and movement during law 

enforcement actions and emergency or 

safety-related operations. 

(c) You must not knowingly give a 

false report or other false information to 

an authorized government employee or 

agent. 

(d) You must not interfere with, 

impede, or disrupt the authorized use of 

Reclamation facilities, lands, or 

waterbodies or impair the safety of any 

person. 

(e) Disorderly conduct is prohibited. 

§ 423.23 Abandonment and impoundment 

of personal property. 

(a) You must not abandon personal 

property of any kind in or on 

Reclamation lands, facilities, or 

waterbodies. 

(b) You must not store or leave 

unattended personal property of any 

kind. 

(1) Unattended personal property is 

presumed to be abandoned: 

(i) After a period of 24 hours; 

(ii) At any time after a posted closure 

takes effect under subpart B of this part 

423; or 

(iii) At any time for reasons of 

security, public safety, or resource 

protection. 

(2) If personal property is presumed 

abandoned, an authorized official may 

impound it and store it and assess a 

reasonable impoundment fee. 

(3) The impoundment fee must be 

paid before the authorized official will 

return the impounded property to you. 

(c) An authorized official may 

impound or destroy unattended 

personal property at any time if it: 

(1) Interferes with safety, operation, or 

management of Reclamation facilities, 

lands, or waterbodies; or 

(2) Presents a threat to persons or 

Reclamation project resources. 

(d) An authorized official may dispose 

of abandoned personal property in 

accordance with the procedures 

contained in title 41 CFR and applicable 

Reclamation and Department of the 

Interior policy. 

54220 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

§ 423.24 Trespassing. 

You must not trespass on Reclamation 

facilities, lands, and waterbodies. 

§ 423.25 Vandalism, tampering, and theft. 

(a) You must not tamper or attempt to 

tamper with, move, manipulate, operate, 

adjust, or set in motion property not 

under your lawful control or possession 

including, but not limited to, vehicles, 

equipment, controls, recreational 

facilities, and devices. 

(b) You must not destroy, injure, 

deface, damage, or unlawfully remove 

property not under your lawful control 

or possession. 

(c) You must not drop, place, throw, 

or roll rocks or other items inside, into, 

down, or from, dams, spillways, dikes, 

or other structures and facilities. 

§ 423.26 Public events and gatherings. 

You must not conduct public 

assemblies, meetings, gatherings, 

demonstrations, parades, and other 

events without a permit issued pursuant 

to subpart D of this part 423. Public 

gatherings that involve the possession or 

occupancy of Reclamation facilities, 

lands, and waterbodies are governed by 

43 CFR part 429. 

§ 423.27 Advertising and public 

solicitation. 

You must not engage in advertising or 

solicitation on Reclamation facilities, 

lands, or waterbodies except as allowed 

under a valid contract with 

Reclamation, or as allowed by a permit 

issued pursuant to subpart D of this part 

423. 

§ 423.28 Memorials. 

You must not bury, deposit, or scatter 

human or animal remains, or place 

memorials, markers, vases, or plaques 

on Reclamation facilities, lands, or 

waterbodies, except with a permit 

issued pursuant to subpart D of this part 

423, and in accordance with applicable 

Federal, state, and local law. In addition 

to the foregoing requirements, human or 

animal burial is allowed only in 

established cemeteries that are open to 

interments. This section does not apply 

to the burial of parts of fish or wildlife 

taken in legal hunting, fishing, or 

trapping. 

§ 423.29 Natural and cultural resources. 

(a) You must not destroy, injure, 

deface, remove, search for, disturb, or 

alter natural resources or cultural 

resources, including abandoned 

buildings or structures, on or in 

Reclamation facilities, lands, or 

waterbodies except in accordance with 

applicable Federal, state, and local laws. 

(b) You must not introduce wildlife, 

fish, or plants, including their 

reproductive bodies, into Reclamation 

lands and waterbodies without a permit 

issued pursuant to subpart D of this part 

423. 

(c) You must not drop, place, throw, 

or roll rocks or other items inside, into, 

at, or down, caves, caverns, valleys, 

canyons, mountainsides, thermal 

features, or other natural formations. 

(d) You must not damage, cut, gather, 

harvest, remove, use, or possess wood, 

trees, or parts of trees on Reclamation 

lands except as specifically allowed in 

special use areas designated by an 

authorized official under subpart E of 

this part 423. 

(e) You must not walk on, climb, 

enter, ascend, descend, or traverse 

cultural resources on Reclamation 

lands, including monuments or statues, 

except as specifically allowed in special 

use areas designated by an authorized 

official under subpart E of this part 423. 

(f) You must not possess a metal 

detector or other geophysical discovery 

device, or use a metal detector or other 

geophysical discovery techniques to 

locate or recover subsurface objects or 

features, except: 

(1) When transporting, but not using, 

a metal detector or other geophysical 

discovery device in a vehicle on a 

public road as allowed under applicable 

Federal, state, and local law; or 

(2) As allowed by a permit issued 

pursuant to subpart D of this part 423. 

§ 423.30 Weapons, explosives, and 

fireworks. 

(a) You must not have a weapon in 

your possession when at or in a 

Reclamation facility. 

(b) Except where prohibited or 

otherwise regulated by an authorized 

official in a special use area, you may 

possess a weapon at or on Reclamation 

lands and waterbodies, provided the 

weapon is stowed, transported, and/or 

carried in compliance with applicable 

Federal, state, and local law. 

(c) You must not discharge a weapon 

unless you are: 

(1) Using the weapon lawfully for 

hunting or fishing as allowed under 

§ 423.32, or at an authorized shooting 

range; and 

(2) In compliance with applicable 

Federal, state, and local law. 

(d) You must not use or possess 

explosives, or fireworks or pyrotechnics 

of any type, except as allowed by a 

permit issued pursuant to subpart D of 

this part 423, or in special use areas so 

designated by an authorized official 

under subpart E of this part 423. 

§ 423.31 Fires. 

(a) You must not leave a fire 

unattended, and it must be completely 

extinguished before your departure. 

(b) You must not improperly dispose 

of lighted smoking materials, including 

cigarettes, cigars, pipes, matches, or 

other burning material. 

(c) You must not burn materials that 

produce toxic fumes, including, but not 

limited to, tires, plastic, flotation 

materials, or treated wood products. 

(d) You must not transport gasoline 

and other fuels in containers not 

designed for that purpose. 

(e) You must comply with all 

applicable Federal, state, and local fire 

orders, restrictions, or permit 

requirements. 

§ 423.32 Hunting, fishing, and trapping. 

(a) You may hunt, fish, and trap in 

accordance with applicable Federal, 

state, and local laws in areas where both 

of the following conditions are met: 

(1) The area is not closed to public 

use under subpart B of this part 423; 

and 

(2) The area has not been otherwise 

designated by an authorized official as 

a special use area under subpart E of 

this part 423. 

(b) You must comply with any 

additional restrictions pertaining to 

hunting, fishing, and trapping 

established by an authorized official in 

a special use area under subpart E of 

this part 423. 

§ 423.33 Camping. 

(a) You may camp on Reclamation 

lands, except that you must comply 

with any restrictions, conditions, 

limitations, or prohibitions on camping 

established by an authorized official in 

a special use area. 

(b) You must not camp on 

Reclamation lands for more than 14 

days during any period of 30 

consecutive days; 

(c) You must not attempt to reserve a 

campsite for future use by placing 

equipment or other items on the 

campsite, or by personal appearance, 

without camping on and paying the 

required fees for that campsite daily; 

(d) You must not camp on or place 

any equipment at a campsite that is 

posted or otherwise marked as 

‘‘reserved’’ or ‘‘closed’’ by an authorized 

official without a valid reservation for 

that campsite, except as allowed by a 

permit issued under subpart D of this 

part 423; and 

(e) You must not dig in or level any 

ground, or build any structure, in a 

designated campground. 

§ 423.34 Sanitation. 

(a) You must not bring or improperly 

dispose of refuse on Reclamation 

facilities, lands, and Reclamation 

waterbodies. Both the owner and the 

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person bringing or disposing refuse may 

be issued a citation for violating this 

provision. 

(b) Campers, picnickers, and all other 

persons using Reclamation lands must 

keep their sites free of trash and litter 

during the period of occupancy and 

must remove all personal equipment 

and clean their sites before departure. 

(c) You must not construct or use a 

latrine within 200 yards of any 

Reclamation waterbody, or within 200 

yards of the high water mark of any 

reservoir. 

§ 423.35 Animals. 

(a) You must not bring pets or other 

animals into public buildings, public 

transportation vehicles, or sanitary 

facilities. This provision does not apply 

to properly trained animals assisting 

persons with disabilities, such as 

seeing-eye dogs. 

(b) You must not abandon any animal 

on Reclamation facilities, lands, or 

waterbodies, or harass, endanger, or 

attempt to collect any animal except 

game you are attempting to take in the 

course of authorized hunting, fishing, or 

trapping. 

(c) Any unauthorized, unclaimed, or 

unattended animal on Reclamation 

lands may be: 

(1) Removed in accordance with 

Federal law, and applicable state and 

local laws; and 

(2) Confined at a location designated 

by an authorized official, who may 

assess a reasonable impoundment fee 

that must be paid before the impounded 

animal is released to its owner. 

(d) The following animals are 

prohibited and are subject to removal in 

accordance with Federal law, and 

applicable state and local laws: 

(1) Captive wild or exotic animals 

(including, but not limited to, cougars, 

lions, bears, bobcats, wolves, and 

snakes), except as allowed by a permit 

issued under Subpart D of this part 423; 

and 

(2) Any pets or animals displaying 

vicious or aggressive behavior or posing 

a threat to public safety or deemed a 

public nuisance. 

§ 423.36 Swimming. 

(a) You may swim, wade, snorkel, 

scuba dive, kayak, raft, or tube at your 

own risk in Reclamation waters, except: 

(1) Within 300 yards of dams, power 

plants, pumping plants, spillways, 

stilling basins, gates, intake structures, 

and outlet works; 

(2) Within 100 yards of buoys or 

barriers marking public access limits; 

(3) In canals, laterals, siphons, 

tunnels, and drainage works; or 

(4) At public docks, launching sites, 

and designated mooring areas. 

(b) You must display an international 

diver down, or inland diving flag in 

accordance with state and U.S. Coast 

Guard guidelines when engaging in any 

underwater activities. 

(c) You must not dive, jump, or swing 

from dams, spillways, bridges, cables, 

towers, or other structures. 

§ 423.37 Winter activities. 

(a) You must not tow persons on skis, 

sleds, or other sliding devices with a 

motor vehicle or snowmobile, except 

that you may tow sleds designed to be 

towed behind snowmobiles if joined to 

the towing snowmobile with a rigid 

hitching mechanism, and you may tow 

disabled snowmobiles by any 

appropriate means. 

(b) You must not ice skate, ice fish, or 

ice sail within 300 yards of dams, power 

plants, pumping plants, spillways, 

stilling basins, gates, intake structures, 

or outlet works. 

§ 423.38 Operating vessels on 

Reclamation waters. 

(a) You must comply with Federal, 

State, and local laws applicable to the 

operation of a vessel or other watercraft 

on Reclamation waters, and with any 

restrictions established by an authorized 

official. 

(b) You must not operate a vessel in 

an area closed to the public. 

(c) You must observe restrictions 

established by signs, buoys, and other 

regulatory markers. 

(d) You must not operate a vessel, or 

knowingly allow another person to 

operate a vessel, in a reckless or 

negligent manner, or in a manner that 

endangers or is likely to endanger a 

person, property, natural resource, or 

cultural resource. 

(e) You must not operate a vessel 

when impaired or intoxicated under the 

standards established by applicable 

state and local law. 

(f) You must not occupy a vessel 

overnight, except where otherwise 

designated under applicable Federal, 

state, or local law, or where otherwise 

designated by an authorized official in 

a special use area. 

(g) You must not use a vessel as a 

place of habitation or residence. 

(h) You must not place or operate a 

vessel on a Reclamation waterbody for 

a fee or profit, except as allowed by 

contract or permit issued pursuant to 

subpart D of this part 423. 

(i) You must remove your vessels 

from Reclamation lands and waters 

when not in actual use for a period of 

more than 24 hours, unless they are 

securely moored or stored at special use 

areas so designated by an authorized 

official. 

(j) You must not attach or anchor a 

vessel to structures such as locks, dams, 

regulatory or navigational buoys, or 

other structures not designed for such 

purpose. 

(k) You must display an international 

diver down, or inland diving flag in 

accordance with state and U.S. Coast 

Guard guidelines when operating a 

vessel involved in any underwater 

activities. 

(l) You may engage in towing 

activities, including but not limited to 

waterskiing and tubing, only during 

daylight hours and subject to any 

applicable Federal, state, and local law. 

§ 423.39 Standards for vessels. 

(a) All vessels on Reclamation waters 

must: 

(1) Be constructed and maintained in 

compliance with the standards and 

requirements established by, or 

promulgated under, Title 46 United 

States Code, and any applicable state 

and local laws and regulations; 

(2) Have safety equipment, including 

personal flotation devices, on board in 

compliance with U.S. Coast Guard 

boating safety requirements and in 

compliance with applicable state and 

local boating safety laws and 

regulations; and 

(3) If motorized, have and utilize a 

proper and effective exhaust muffler as 

defined by applicable state and local 

laws. Actions or devices which render 

exhaust mufflers ineffective are 

prohibited. 

(b) Owners or operators of vessels not 

in compliance with this § 423.39 may be 

required to remove the vessel 

immediately from Reclamation 

waterbodies until items of noncompliance are corrected. 

§ 423.40 Vehicles. 

(a) When operating a vehicle on 

Reclamation lands and Reclamation 

projects, you must comply with 

applicable Federal, State, and local 

laws, and with posted restrictions and 

regulations. Operating any vehicle 

through, around, or beyond a restrictive 

sign, recognizable barricade, fence, or 

traffic control barricade, is prohibited. 

(b) You must not park a vehicle in 

violation of posted restrictions and 

regulations, or in a manner that would 

obstruct or impede normal or emergency 

traffic movement or the parking of other 

vehicles, create a safety hazard, or 

endanger any person, property, or 

natural feature. Vehicles so parked are 

subject to removal and impoundment at 

the owner’s expense. 

(c) You must not operate any vehicle, 

or allow another person to operate a 

vehicle in your control, in a careless, 

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negligent or reckless manner that would 

endanger any person, property, natural 

resource, or cultural resource. 

(d) In addition to the regulations in 

this part, the regulations governing offroad-vehicle use in 43 CFR part 420 

apply. 

§ 423.41 Aircraft. 

(a) You must not takeoff or land an 

aircraft on Reclamation lands or 

waterbodies except in special use areas 

so designated by an authorized official. 

This paragraph does not apply to pilots 

engaged in emergency rescue or in the 

official business of Federal, state, or 

local governments or law enforcement 

agencies, or who are forced to land due 

to circumstances beyond the pilot’s 

control. 

(b) You must not operate any aircraft 

while on or above Reclamation 

facilities, lands, and waterbodies in a 

careless, negligent, or reckless manner 

so as to endanger any person, property, 

or natural feature. 

(c) This section does not provide 

authority to deviate from State or 

Federal regulations, or prescribed 

standards, including, but not limited to, 

regulations and standards concerning 

pilot certifications or ratings and 

airspace requirements. 

(d) Except in extreme emergencies 

threatening human life or serious 

property loss, you must not use nonstandard boarding and loading 

procedures to deliver or retrieve people, 

material, or equipment by parachute, 

balloon, helicopter, or other aircraft. 

(e) Operation of aircraft on or over 

Reclamation lands and waterbodies is at 

the risk of the aircraft owner, pilot, and 

passenger(s). 

(f) You must comply with all 

applicable U.S. Coast Guard rules and 

§ 423.38 when operating a seaplane on 

Reclamation waterbodies. 

(g) You must securely moor any 

seaplane remaining on Reclamation 

waterbodies in excess of 24 hours at 

mooring facilities and locations 

designated by an authorized official. 

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: 

(1) The mooring is safe, secure, and 

accomplished so as not to damage the 

rights of the Government or the safety of 

persons; and 

(2) The operator remains in the 

vicinity of the seaplane and reasonably 

available to relocate the seaplane if 

necessary. 

(h) Commercial operation of seaplanes 

from Reclamation waterbodies is 

prohibited. 

(i) You must not operate a seaplane on 

Reclamation lands and waterbodies 

between sunset and sunrise. 

(j) You must comply with any further 

restrictions on the operation of aircraft 

in the proximity of specific Reclamation 

facilities established by an authorized 

official. 

(k) You must not operate model 

aircraft except in special use areas so 

designated and posted by an authorized 

official. 

§ 423.42 Gambling. 

Commercial gambling in any form, or 

the operation of gambling devices, is 

prohibited on Reclamation facilities, 

lands, and waterbodies unless 

authorized by applicable treaties or 

Federal, state, and local laws or 

regulations. 

§ 423.43 Alcoholic beverages. 

You must not possess or consume 

alcoholic beverages in violation of 

Federal, state, or local law, or in special 

use areas so designated and posted by 

an authorized official under subpart E of 

this part 423. 

§ 423.44 Controlled substances. 

You must not possess, consume, 

deliver, or be under the influence of, 

controlled substances included in 

schedules I, II, III, IV, or V of part B of 

the Controlled Substance Act (21 U.S.C. 

812) on Reclamation facilities, lands, or 

waterbodies, unless the controlled 

substance was legally obtained through 

a valid prescription or order. 

Subpart D—Authorization of Otherwise 

Prohibited Activities 

§ 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, or 

waterbodies otherwise prohibited or 

restricted by §§ 423.26, 423.27, 423.28, 

423.29(a), 423.29(b), 423.29(f), 

423.30(d), 423.33(d), 423.35(d)(1), and 

423.38(h) 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 public health or safety or 

natural or cultural resources. 

(b) You may apply for permission to 

engage in activities otherwise prohibited 

or restricted by the sections listed in 

paragraph (a) of this section. You may 

apply to the authorized official 

responsible for the area in which your 

activity is to take place, and this 

authorized official may grant, deny, or 

establish conditions or limitations on 

this permission. 

(c) You must pay all required fees and 

properly display applicable permits, 

passes, or receipts. 

(d) You must not violate the terms 

and conditions of a permit issued by an 

authorized official. Any such violation 

is prohibited and may result in 

suspension or revocation of the permit, 

or other penalties as provided in subpart 

F of this part 423, or both. 

(e) You must, upon request by a law 

enforcement officer, display any permit 

authorizing your presence or activity on 

Reclamation facilities, lands, and 

waterbodies. 

Subpart E—Special Use Areas 

§ 423.60 How special use areas are 

designated. 

(a) After making a determination 

under paragraph (b) of this section, an 

authorized official may: 

(1) Designate 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 423; and 

(2) From time to time revise the 

boundaries of a previously designated 

special use area and revise or terminate 

previously imposed schedules of 

visiting hours; public use limits; and 

other conditions, restrictions, 

allowances, or prohibitions on a use or 

activity. 

(b) Before taking action under 

paragraph (a) of this section, an 

authorized official must make a 

determination that action is necessary 

for: 

(1) The protection of public health 

and safety; 

(2) The protection and preservation of 

cultural and natural resources; 

(3) The protection of environmental 

and scenic values, scientific research, 

the security of Reclamation facilities, 

the avoidance of conflict among visitor 

use activities; or 

(4) For other reasons in the public 

interest. 

§ 423.61 Notifying the public of special use 

areas. 

When designating, revising, or 

terminating a special use area, 

Reclamation must notify the public as 

required by this section. 

(a) What notices must contain. The 

notice must specify: 

(1) The location of the special use 

area; and 

(2) The public use limits, conditions, 

restrictions, allowances, or prohibitions 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 54223 

on uses and activities that are to be 

applied to the area or that are to be 

revised or terminated. 

(b) How notice must be made. 

Reclamation must publish the notice 

required by paragraph (a) of this section 

in the Federal Register at least 15 days 

before the action takes place. 

Reclamation must also notify the public 

by one or more of the following 

methods: 

(1) Signs posted at conspicuous 

locations, such as normal points of entry 

and reasonable intervals along the 

boundary of the special use area; 

(2) Maps available in the local 

Reclamation office and other places 

convenient to the public; 

(3) Publication in a newspaper of 

general circulation in the affected area; 

or 

(4) Other appropriate methods, such 

as the use of electronic media, 

brochures, and handouts. 

(c) When notice may be delayed. (1) 

Notice under this section may be 

delayed in an emergency where 

delaying designation, revision, or 

termination of a special use area would 

result in significant risk to: 

(i) National security; or 

(ii) The security of a Reclamation 

facility, Reclamation employees, or the 

public. 

(2) If the exception in paragraph (c)(1) 

of this section applies, Reclamation 

must comply with paragraph (b) of this 

section within 30 days after the effective 

date of the designation. 

(3) Failure to meet the Federal 

Register notice deadlines in paragraphs 

(b) or (c)(2) of this section will not 

invalidate an action, so long as 

Reclamation meets the remaining 

notification requirements of this section. 

(d) When notice is not required. 

Notice under this section is not required 

if all the following conditions are met: 

(1) The action will not result in a 

significant change in the public use of 

the area; 

(2) The action will not adversely 

affect the area’s natural, esthetic, scenic 

or cultural values; 

(3) The action will not require a longterm or significant modification in the 

resource management objectives of the 

area; and 

(4) The action is not highly 

controversial. 

§ 423.62 Documentation of special use 

area designation or termination. 

(a) The authorized official must 

document the reasons for designating a 

special use area and the restrictions, 

conditions, public use limits, or 

prohibitions that apply to that area. In 

the case of the termination of a 

previously established restriction, 

condition, public use limit, or 

prohibition, the authorized official must 

make a written determination as to why 

the restriction is no longer necessary. 

(b) Documentation of the designation 

or termination of a special use area must 

occur before the action, except in the 

emergency situations described in 

§ 423.61(c). In the latter case, the 

documentation is required within 30 

days after the date of the designation. 

(c) Reclamation will make documents 

produced under this section available to 

the public upon request except in 

matters concerning national or facility 

security, or human safety. 

§ 423.63 Reservations for public use 

limits. 

To implement a public use limit, the 

authorized official may establish a 

registration or reservation system. 

§ 423.64 Existing special use areas. 

Areas designated and formally 

documented for special uses, public use 

limits, or other restrictions, on [effective 

date of this regulation] will remain so 

designated without the need for 

compliance with §§ 423.60 through 

423.63, except with respect to 

termination or modification of the 

special uses, public use limits, or other 

restrictions. 

Subpart F—Violations and Sanctions 

§ 423.70 Violations. 

(a) When at, in, or on Reclamation 

facilities, lands, or waterbodies, you 

must obey and comply with: 

(1) Any closure orders established 

under subpart B of this part 423; 

(2) The regulations in subpart C of 

this part 423; 

(3) The conditions established by any 

permit issued under subpart D of this 

part 423; and 

(4) The regulations established by an 

authorized official in special use areas 

under subpart E of this part 423. 

(b) Violating any use or activity 

prohibition, restriction, condition, 

schedule of visiting hours, or public use 

limit established by or under this part 

423 is prohibited. 

(c) Any continuous or ongoing 

violation of these regulations constitutes 

a separate violation for each calendar 

day in which it occurs. 

§ 423.71 Sanctions. 

Under section (1)(a) of Pub. L. 107–69, 

you are subject to a fine under chapter 

227, subchapter C of title 18 United 

States Code (18 U.S.C. 3571), or can be 

imprisoned for not more than 6 months, 

or both, if you violate: 

(a) The provisions of this part 423; or 

(b) Any condition, limitation, or 

prohibition on uses or activities, or of 

public use limits, imposed under this 

part 423. 

PART 429—PROCEDURE TO 

PROCESS AND RECOVER THE VALUE 

OF RIGHTS-OF-USE AND 

ADMINISTRATIVE COSTS INCURRED 

IN THE PERMITTING OF SUCH USE 

2. Revise the authority citation for 

part 429 to read as follows: 

Authority: 43 U.S.C. 373 (32 Stat. 390); 43 

U.S.C. 387 (53 Stat. 1196), as amended by 64 

Stat. 463, c. 752 (1950); Department of the 

Interior Manual Part 346, Chapters 1, 2, 3, 

and 4; 43 U.S.C. 501; Independent Offices 

Appropriation Act (31 U.S.C. 483a); and 

Budget Circular A–25, as amended by 

transmittal memorandums 1 and 2 of Oct. 22, 

1963, and April 16, 1974. 

3. Revise § 429.1 to read as follows: 

§ 429.1 Purpose. 

The purpose of this part is to notify 

the public that any possession or 

occupancy of any portion of and the 

extraction or disturbance of any natural 

resources from Reclamation lands, 

facilities, or waterbodies are prohibited 

without written authorization from 

Reclamation. Written authorizations 

must meet the requirements of the 

Independent Offices Appropriation Act 

(31 U.S.C. 483a) and Office of 

Management and Budget Circular A–25, 

as amended; both of which require that 

Reclamation recover both the fair 

market value of rights-of-use granted to 

applicants and the administrative costs 

associated with the issuing of rights-ofuse on lands, facilities, and waterbodies 

administered by Reclamation. This part 

also refers to costs incurred by 

Reclamation when, at the request of 

other agencies and parties, Reclamation 

gives aid and assistance in rights-of-use 

matters. 

4. In § 429.2, paragraphs (c) and (d) 

are revised and new paragraphs (m) and 

(n) are added to read as follows: 

§ 429.2 Definitions. 

* * * * * 

(c) Regional Director means any one 

of the Reclamation Regional Directors 

designated by the Commissioner to act 

in specified rights-of-use of actions. The 

Regional Directors may re-delegate 

portions of their authorities for granting 

rights-of-use to officers and employees 

of Reclamation. 

(d) Rights-of-use means rights-of-way, 

easements, permits, licenses, contracts, 

or agreements issued or granted noncompetitively by Reclamation that 

authorize the possession or occupation 

of and the extraction or disturbance of 

54224 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Proposed Rules 

natural resources on Reclamation 

facilities, lands, and waterbodies. 

* * * * * 

(m) Possession or occupancy and 

possess or occupy both mean to have in 

one’s actual control or to use, hold, or 

reside in or on Reclamation facilities, 

lands, or waterbodies, including to use 

or hold such facilities, lands, or 

waterbodies in a manner or for a 

purpose that only temporarily restricts 

or precludes other public uses. 

(n) Reclamation land or lands means 

facilities, lands, and waterbodies under 

Reclamation’s administrative control or 

jurisdiction. 

§ 429.3 [Amended] 

5. In § 429.3(c), remove the word 

‘‘apprised’’ and add in its place 

‘‘appraised.’’

§ 429.6 [Amended] 

6. In § 429.6, remove the second 

sentence of the introductory text. 

§ 429.11 [Removed and reserved] 

7. Remove and reserve § 429.11. 

8. Add §§ 429.12 and 429.13, to read 

as follows: 

§ 429.12 Applicability. 

(a) This part 429 applies to any 

possession or occupancy of Reclamation 

facilities, lands, or waterbodies. 

(b) This part 429 does not apply to the 

use of Reclamation lands for transitory 

activities such as hiking, camping, 

sightseeing, picnicking, hunting, 

swimming, boating, fishing, and other 

personal recreational pursuits. These 

activities are governed by 43 CFR part 

423, Public Conduct on Bureau of 

Reclamation Facilities, Lands, and 

Waterbodies. 

(c) This part does not apply to leasing 

Reclamation lands for grazing, 

agriculture, or any other purposes where 

a greater return will be realized by the 

United States through a competitive 

bidding process. 

(d) This part does not apply to 

interests issued or granted for the 

replacement or relocation of facilities 

belonging to others under section 14 of 

the Reclamation Project Act of August 4, 

1939, 43 U.S.C. 389. 

(e) This part does not apply to 

archaeological resources or 

archaeological resources management 

activities that are governed by the 

Archaeological Resources Protection Act 

(Public Law 96–95), 43 CFR part 7, and 

43 CFR part 423. 

§ 429.13 General restrictions. 

You must not possess or occupy, or 

extract or remove natural resources from 

Reclamation facilities, lands, or 

waterbodies unless you obtain a rightof-use in accordance with this part 429 

or under other written agreement with 

Reclamation. 

[FR Doc. 05–17918 Filed 9–12–05; 8:45 am] 

BILLING CODE 4310–MN–P