[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: 36CFR327.3]

[Page 7]
 
              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. 327.3  Vessels.

    (a) This section pertains to all vessels or watercraft, including, 
but not limited to, powerboats, cruisers, houseboats, sailboats, 
rowboats, canoes, kayaks, personal watercraft, and any other such 
equipment capable of navigation on water or ice, whether in motion or at 
rest.
    (b) The placement and/or operation of any vessel or watercraft for a 
fee or profit upon project waters or lands is prohibited except as 
authorized by permit, lease, license, or concession contract with the 
Department of the Army. This paragraph shall not apply to the operation 
of commercial tows or passenger carrying vessels not based at a Corps 
project which utilize project waters as a link in continuous transit 
over navigable waters of the United States.
    (c) Vessels or other watercraft may be operated on the project 
waters, except in prohibited or restricted areas, in accordance with 
posted regulations and restrictions, including buoys. All vessels or 
watercraft so required by applicable Federal, state and local laws shall 
display an appropriate registration on board whenever the vessel is on 
project waters.
    (d) No person shall operate any vessel or other watercraft in a 
careless, negligent, or reckless manner so as to endanger any person, 
property, or environmental feature.
    (e) All vessels, when on project waters, shall have safety 
equipment, including personal flotation devices, on board in compliance 
with U.S. Coast Guard boating safety requirements and in compliance with 
boating safety laws issued and enforced by the state in which the vessel 
is located. Owners or operators of vessels not in compliance with this 
section may be requested to remove the vessel immediately from project 
waters until such time as items of non-compliance are corrected.
    (f) Unless otherwise permitted by Federal, state or local law, 
vessels or other watercraft, while moored in commercial facilities, 
community or corporate docks, or at any fixed or permanent mooring 
point, may only be used for overnight occupancy when such use is 
incidental to recreational boating. Vessels or other watercraft are not 
to be used as a place of habitation or residence.
    (g) Water skis, parasails, ski-kites and similar devices are 
permitted in nonrestricted areas except that they may not be used in a 
careless, negligent, or reckless manner so as to endanger any person, 
property or environmental feature.
    (h) Vessels shall not be attached or anchored to structures such as 
locks, dams, buoys or other structures unless authorized by the District 
Commander. All vessels when not in actual use shall be removed from 
project lands and waters unless securely moored or stored at designated 
areas approved by the District Commander. The placing of floating or 
stationary mooring facilities on, adjacent to, or interfering with a 
buoy, channel marker or other navigational aid is prohibited.
    (i) The use at a project of any vessel not constructed or maintained 
in compliance with the standards and requirements established by the 
Federal Safe Boating Act of 1971 (Pub. L. 92-75, 85 Stat. 213), or 
promulgated pursuant to such act, is prohibited.
    (j) Except as authorized by the District Commander, no person shall 
operate any vessel or watercraft without a proper and effective exhaust 
muffler as defined by state and local laws, or with an exhaust muffler 
cutout open, or in any other manner which renders the exhaust muffler 
ineffective in muffling the sound of engine exhaust.
    (k) All vessels or other watercraft shall be operated in accordance 
with applicable Federal, state and local laws, which shall be regulated 
by authorized enforcement officials as prescribed in Sec. 327.26.

[65 FR 6899, Feb. 11, 2000]