[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR327.1]

[Page 5-6]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                    CHAPTER III--CORPS OF ENGINEERS,
                         DEPARTMENT OF THE ARMY
 
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS--Table of Contents
 
Sec. 327.1  Policy.

    (a) It is the policy of the Secretary of the Army, acting through 
the Chief of Engineers, to manage the natural, cultural and developed 
resources of each project in the public interest, providing the public 
with safe and healthful recreational opportunities while protecting and 
enhancing these resources.
    (b) Unless otherwise indicated in this part, the term ``District 
Commander'' shall include the authorized representatives of the District 
Commander.
    (c) The term ``project'' or ``water resources development project'' 
refers to

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the water areas of any water resources development project administered 
by the Chief of Engineers, without regard to ownership of underlying 
land, to all lands owned in fee by the Federal Government and to all 
facilities therein or thereon of any such water resources development 
project.
    (d) All water resources development projects open for public use 
shall be available to the public without regard to sex, race, color, 
creed, age, nationality or place of origin. No lessee, licensee, or 
concessionaire providing a service to the public shall discriminate 
against any person because of sex, race, creed, color, age, nationality 
or place of origin in the conduct of the operations under the lease, 
license or concession contract.
    (e) In addition to the regulations in this part 327, all applicable 
Federal, state and local laws and regulations remain in full force and 
effect on project lands or waters which are outgranted by the District 
Commander by lease, license or other written agreement.
    (f) The regulations in this part 327 shall be deemed to apply to 
those lands and waters which are subject to treaties and Federal laws 
and regulations concerning the rights of Indian Nations and which lands 
and waters are incorporated, in whole or in part, within water resources 
development projects administered by the Chief of Engineers, to the 
extent that the regulations in this part 327 are not inconsistent with 
such treaties and Federal laws and regulations.
    (g) Any violation of any section of this part 327 shall constitute a 
separate violation for each calendar day in which it occurs.
    (h) For the purposes of this part 327, the operator of any vehicle, 
vessel or aircraft as described in this part, shall be presumed to be 
responsible for its use on project property. In the event where an 
operator cannot be determined, the owner of the vehicle, vessel, or 
aircraft, whether attended or unattended, will be presumed responsible. 
Unless proven otherwise, such presumption will be sufficient to issue a 
citation for the violation of regulations applicable to the use of such 
vehicle, vessel or aircraft as provided for in Sec. 327.25.
    (i) For the purposes of this part 327, the registered user of a 
campsite, picnic area, or other facility shall be presumed to be 
responsible for its use. Unless proven otherwise, such presumption will 
be sufficient to issue a citation for the violation of regulations 
applicable to the use of such facilities as provided for in Sec. 327.25.

[65 FR 6898, Feb. 11, 2000]