[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: 36CFR327.17]

[Page 12-13]
 
              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. 327.17  Advertisment.

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

[[Page 13]]

for like periods, upon a new application, unless another applicant has 
requested use of the same location and multiple occupancy of that 
location is not reasonably possible.
    (i) It is prohibited for persons engaged in the activity under this 
section to obstruct or impede pedestrians or vehicles, harass project 
visitors with physical contact or persistent demands, misrepresent the 
purposes or affiliations of those engaged in the advertising or the 
distribution of printed matter, or misrepresent whether the printed 
matter is available without cost or donation.
    (j) A permit may be revoked under any of those conditions, as listed 
in paragraph (d) of this section, that constitute grounds for denial of 
a permit, or for violation of the terms and conditions of the permit. 
Such a revocation shall be made in writing, with the reason(s) for 
revocation clearly set forth, except under emergency circumstances, when 
an immediate verbal revocation or suspension may be made, to be followed 
by written confirmation within 72 hours.
    (k) Violation of the terms and conditions of a permit issued in 
accordance with this section may result in the suspension or revocation 
of the permit.

[65 FR 26137, May 5, 2000]