[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: 36CFR328.6]

[Page 25-26]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                    CHAPTER III--CORPS OF ENGINEERS,
                         DEPARTMENT OF THE ARMY
 
PART 328--REGULATION OF SEAPLANE OPERATIONS AT CIVIL WORKS WATER RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS--Table of Contents
 
Sec. 328.6  Procedures.

    (a) In order to protect the integrity and all authorized uses of 
Corps projects and the safety of all users of the lake projects, the 
District Engineer shall:

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    (1) Examine and investigate each Corps project within his district 
which a seaplane operator could conceivably attempt to use for seaplane 
operations, and determine those projects, or portions thereof, in which 
seaplane operations should be prohibited.
    (2) Establish such restrictions on seaplane operations as he deems 
necessary or desirable in accordance with these regulations for other 
areas. Seaplane takeoff and landing maneuvers within specified distances 
of the shoreline, bridges, causeways, water utility crossings, dams, and 
similar structures should be prohibited.
    (3) Prior to concluding any such examination and investigation, 
consult with the FAA, appropriate State aeronautical agency, lessee or 
licensee of outgranted lands, the Coast Guard, and state boating law 
administrators, and use his best efforts to consult with other 
interested or affected public authorities and private interests for 
their guidance, particularly for those projects which are regularly used 
by the public for recreational purposes or are located in the vicinity 
of actively used airports, air fields, or densely populated areas. News 
releases, public notice, and congressional liaison should be used. 
Public hearings are encouraged.
    (4) In making his investigation, examination, and determination, 
consider environmental factors in accordance with the National 
Environmental Policy Act of 1969 (NEPA), Pub. L. 91-190--particularly 
should he consider the impact that seaplane operations may have on the 
safety at the project, aquatic, fish and wildlife, noise levels, 
recreation, and air and water quality. Prior to concluding such 
investigation and examination, he shall prepare an environmental impact 
assessment (EIA) and, if necessary, an environmental impact statement 
(EIS) assessing the environmental impacts of permitting seaplanes to 
operate at the projects, or portions thereof, in his district.
    (5) Place on Corps maps, brochures and otherwise adequately apprise 
the public and interested agencies of projects, or portions thereof, 
where seaplane operations are prohibited or restricted. Each map, 
brochure, or other notice should clearly indicate that operation of a 
seaplane at Corps projects is at the risk of the plane's owner, 
operator, and/or passenger(s).
    (6) Notify the FAA by letter of projects, or portions thereof, where 
seaplane operations are prohibited or restricted. The letter should use 
the words ``seaplane operations prohibited,'' or ``seaplane operations 
restricted,'' describe the geographical location of such areas as 
precisely as possible, describe any restrictions, include a telephone 
number for FAA to contact the District, and be sent to: Federal Aviation 
Administration, Area Traffic Service, Flight Services Division (AAT-
432), 800 Independence Avenue SW., Washington, DC 20591.
    (b) The removal of the present prohibition on seaplane operations 
will be effective one year from the date of publication of these 
regulations. The District Engineer should complete the examination, 
investigation, determination and notification to the FAA of projects, or 
portions thereof, where seaplane operations are prohibited or 
restricted, within one year from the date of this regulation. The 
District Engineer may extend the present prohibition for up to one 
additional year if he cannot complete his examination, investigation, 
determination, and notification within one year. In such event, he 
should notify the FAA by letter and publish other appropriate notices. 
Any further extension of time will require the approval of the Chief of 
Engineers.
    (c) After he has completed his examination, investigation, 
determination and notification of the FAA of projects, or portions 
thereof where seaplane operations will be prohibited or restricted, The 
District Engineer should periodically reevaluate his determination as 
additional operational data becomes available. He may modify, delete, or 
add projects, or portions thereof, where seaplane operations are 
prohibited or restricted. Except where immediate action is required, he 
should consult with appropriate public authorities and private interests 
for their guidance with regard to such actions. Notification of these 
actions shall be forwarded to the FAA as indicated in paragraph (a)(6) 
of this section.

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