[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: 36CFR327.4]

[Page 7-8]
 
              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. 327.4  Aircraft.

    (a) This section pertains to all aircraft including, but not limited 
to, airplanes, seaplanes, helicopters, ultra-light aircraft, motorized 
hang gliders, hot air balloons, any non-powered flight devices or any 
other such equipment.

[[Page 8]]

    (b) The operation of aircraft on project lands at locations other 
than those designated by the District Commander is prohibited. This 
provision shall not be applicable to aircraft engaged on official 
business of Federal, state or local governments or law enforcement 
agencies, aircraft used in emergency rescue in accordance with the 
directions of the District Commander or aircraft forced to land due to 
circumstances beyond the control of the operator.
    (c) No person shall operate any aircraft while on or above project 
waters or project lands in a careless, negligent or reckless manner so 
as to endanger any person, property or environmental feature.
    (d) Nothing in this section bestows authority to deviate from rules 
and regulations or prescribed standards of the appropriate State 
Aeronautical Agency, or the Federal Aviation Administration, including, 
but not limited to, regulations and standards concerning pilot 
certifications or ratings, and airspace requirements.
    (e) Except in extreme emergencies threatening human life or serious 
property loss, the air delivery or retrieval of any person, material or 
equipment by parachute, balloon, helicopter or other means onto or from 
project lands or waters without written permission of the District 
Commander is prohibited.
    (f) In addition to the provisions in paragraphs (a) through (e) of 
this section, seaplanes are subject to the following restrictions:
    (1) Such use is limited to aircraft utilized for water landings and 
takeoff, in this part called seaplanes, at the risk of owner, operator 
and passenger(s).
    (2) Seaplane operations contrary to the prohibitions or restrictions 
established by the District Commander (pursuant to part 328 of this 
title) are prohibited. The responsibility to ascertain whether seaplane 
operations are prohibited or restricted is incumbent upon the person(s) 
contemplating the use of, or using, such waters.
    (3) All operations of seaplanes while upon project waters shall be 
in accordance with U.S. Coast Guard navigation rules for powerboats or 
vessels and Sec. 327.3.
    (4) Seaplanes on project waters and lands in excess of 24 hours 
shall be securely moored at mooring facilities and at locations 
permitted by the District Commander. Seaplanes may be temporarily moored 
on project waters and lands, except in areas prohibited by the District 
Commander, for periods less than 24 hours providing:
    (i) The mooring is safe, secure, and accomplished so as not to 
damage the rights of the Government or members of the public, and
    (ii) The operator remains in the vicinity of the seaplane and 
reasonably available to relocate the seaplane if necessary.
    (5) Commercial operation of seaplanes from project waters is 
prohibited without written approval of the District Commander following 
consultation with and necessary clearance from the Federal Aviation 
Administration (FAA) and other appropriate public authorities and 
affected interests.
    (6) Seaplanes may not be operated at Corps projects between sunset 
and sunrise unless approved by the District Commander.

[65 FR 6899, Feb. 11, 2000]