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fected at any time 15 days after the date that written notice of the trespass is mailed or delivered to such owner unless in the meantime the trespass has been abated. In the event that local Forest officers do not have complete knowledge of the kind of livestock in trespass, or if the name and address of the owner thereof are unknown, impoundment may be effected at any time 15 days after the date a notice requiring removal of trespassing livestock is first published in a local newspaper and posted at the county court house. No sale of impounded livestock shall be made until at least five days have elapsed after the date of impoundment. The owner may redeem the livestock within the îve-day period by

submitting proof of ownership and paying all expenses incurred by the United States in advertising, gathering, impounding, and feeding or pasturing it. If the livestock is not redeemed on or before the date fixed for its sale, it shall be sold at public sale to the highest bidder. If no bid is received the livestock may, in the discretion of the responsible Forest officer, he sold at private sale or be condemned and destroyed or otherwise disposed of. When livestock is sold pursuant to this regulation the Forest officer making the sale shall furnish the purchaser a bill of sale or other written instrument evidencing the sale. (30 Stat. 35, 33 Stat. 628; 16 U.S.C. 551, 472) [Reg., Sept. 9, 1946, 11 F.R. 9933]

§ 261.50 Temporary closures from livestock grazing and orders for removal of trespassing animals.

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CHAPTER III-CORPS OF ENGINEERS, WAR DEPARTMENT

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N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003).

NOTE: Other regulations issued by the War Department appear in Title 10; Title 32, Chapter II; and Title 33, Chapter II.

Part

301 Parks and recreation areas.

311 Rules and regulations governing public use of certain reservoir areas.

ABBREVIATIONS: The following abbreviations are used in this chapter:

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AUTHORITY: §§ 301.0 to 301.14, inclusive, issued under sec. 4, 58 Stat. 889; 16 U.S.C., Sup., 460d.

SOURCE: §§ 301.0 to 301.14, inclusive, contained in Regulations, The Adjutant General, Aug. 22, 1946, 11 F.R. 9278, 9576.

§ 301.0 Determination of the Secretary. The Secretary of War having determined that use of the Fort Supply Reservoir Area, Wolf Creek, Oklahoma, the Norfork Reservoir Area, North Fork River, Missouri and Arkansas, and the Nimrod Reservoir Area, Fourche La Fave River, Arkansas, by the general public for boating, swimming, bathing, fishing, and

other recreational purposes will not be contrary to the public interest and will not be inconsistent with the operation and maintenance of the reservoirs for their primary purposes, hereby prescribes the following rules and regulations pursuant to the provisions of section 4 of an act of Congress approved December 22, 1944 (58 Stat. 889; 16 U.S.C., Sup., 460d); for the public use of the Fort Supply Reservoir Area, and the Norfork Reservoir Area, and the Nimrod Reservoir Area. § 301.1 Public use of reservoir areas under control of War Department-(a) Boats, commercial. No boat, barge or other vessel shall be placed upon or operated upon any water of the reservoir for a fee or profit, either as a direct charge to a second party or as an incident to other services provided to the second party, except as specifically authorized by lease, license, or concession contract with the War Department.

(b) Boats, private. (1) The operation of boats on the reservoir for fishing and recreational use is permitted, except in prohibited areas designated by the District Engineer in charge of the reservoir area.

(2) A permit shall be obtained from the District Engineer or his authorized representative for placing and operating a boat on the reservoir for any one period longer than three days. No charge will be made for this permit. The permit shall be kept aboard the boat at all times that the boat is in operation on the reservoir.

(3) Unsafe boats will not be permitted on the reservoir, and all boats permitted on the reservoir shall be equipped for safe operation and operated in a safe manner in accordance with instructions issued by the District Engineer.

(4) Boats shall be moored only in areas designated by the District Engineer.

(5) A permit shall be obtained from the District Engineer for any special boat mooring facilities.

(6) The District Engineer in charge of the area shall have authority to revoke the permit for either the boat or mooring facilities and to require their removal upon the failure of the permittee to comply with the terms and conditions of the permit or with the regulations in this part.

(c) Houseboats. (1) A permit shall be obtained from the District Engineer for placing any houseboat on the water of the reservoir.

(2) Written approval of the District Engineer shall be obtained of the plans for houseboats and the construction of the houseboat shall conform to the plans as approved by the District Engineer.

(3) Refuse, garbage, rubbish, or waste of any kind shall be disposed of in the manner designated by the District Engineer or his authorized representative.

(4) Houseboats shall be securely moored in the area designated by the District Engineer.

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(5) Houseboats shall be maintained in a condition satisfactory to the District Engineer and shall not be abandoned on the reservoir area.

(6) The District Engineer shall have authority to revoke the permit and require the removal of the houseboat upon failure of the permittee to comply with the terms and conditions or with the regulations in this part.

§ 301.2 Swimming and bathing. Swimming and bathing is permitted except in prohibited areas designated by the District Engineer.

§ 301.3 Hunting and fishing. (a) Hunting and fishing are permitted in accordance with all applicable Federal, State and local laws for the protection of fish and game, except in prohibited areas designated by the District Engineer.

(b) Hunting shall be with shotgun only. (c) A permit shall be obtained from the District Engineer or his authorized representative to construct a duck blind on the water of the reservoir or upon the reservoir land.

§ 301.4 Camping. (a) Camping is permitted only at areas designated by the District Engineer in charge of the reservoir area or his authorized representative.

(b) Approval of the District Engineer, or his authorized representative, is required to camp in the reservoir area for any one period of two weeks or longer.

(c) Camping equipment shall not be abandoned or left unattended for 48 hours or more.

(d) The installation of any permanent facility at any public camp ground is permitted only on written authorization of the District Engineer or his authorized representative.

(e) Campers shall keep their camp grounds clean and dispose of combustibles and refuse

in accordance with instructions posted by the District Engineer at each camp ground.

(f) Due diligence shall be exercised in building and putting out camp fires to prevent damage to trees and vegetation and to prevent forest and grass fires.

(g) Camps must be completely razed and the sites cleaned before the departure of the campers.

§ 301.5 Picnicking. Picknicking is permitted except in prohibited areas designated by the District Engineer or his authorized representatives.

§ 301.6 Access to water area. (a) Pedestrian access is permitted along the shores of the reservoir except in areas designated by the District Engineer or his authorized representative.

(b) Automobile access is permitted only over open public and reservoir roads.

(c) Access for the general public to launch boats is permitted only at the public launching sites designated by the District Engineer.

§ 301.7 Destruction of public property. The destruction, injury, defacement, or removal of public property or of vegetation, rock, or minerals, except as authorized, is prohibited.

§ 301.8 Firearms and explosives. Loaded rifles, loaded pistols, and explosives are prohibited in the reservoir area.

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§ 301.9 Gasoline and oil storage. line and other inflammable or combustible liquids shall not be stored in, upon, or about the reservoir or shores thereof without the written permission of the District Engineer or his authorized representative.

§ 301.10 Sanitation. Refuse, garbage, rubbish or waste of any kind shall not be thrown on or along roads, picnicking or camping areas, in the reservoir waters or on any of the lands around the reservoir, but shall be burned or buried, or disposed of at designated points or places designed for the sanitary disposal thereof.

§ 301.11 Advertisements. Private notices and advertisements shall not be posted, distributed, or displayed in the reservoir area except such as the District Engineer or his authorized representative may deem necessary for the convenience and guidance of the public using the area for recreational purposes.

§ 301.12 Unauthorized solicitations and business activities. No person, firm or corporation, or their representatives, shall engage in or solicit any business on the reservoir area without permission in writing from the District Engineer or in accordance with terms of a lease, license, or concession contract with the War Department.

§ 301.13 Commercial operations. All commercial operations or activities on the waters of the reservoir or on the lands under the control of the War Department around the reservoir shall be in accordance with lease, license, or other agreements with the War Department.

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311.15

Access to water areas.

Destruction of public property.
Firearms and explosives.

Gasoline and oil storage.
Sanitation.

Advertisements.

Unauthorized solicitations and business activities.

311.16 Commercial operations.

AUTHORITY: §§ 311.0 to 311.16, inclusive, issued under sec. 4, 58 Stat. 889, as amended; 16 U.S.C., Sup., 460d.

SOURCE: $311.0 to 311.16, inclusive, contained in Regulations, The Adjutant General, Oct. 7, 1946, 11 F.R. 11595, 12017, 12182.

§ 311.0 Determination of the Secretary. The Secretary of War having determined that use of the Reservoir Areas, listed in § 311.1 of this part, by the general public for boating, swimming, bathing, fishing, and other recreational purposes will not be contrary to the public interest and will not be inconsistent with the operation and maintenance of the reservoirs for their primary purposes, hereby prescribes the following rules and regulations pursuant to the provisions of section 4 of an act of Congress approved December 22, 1944 (58 Stat. 889; 16 U.S.C., Sup., 460d) as amended by the Flood Control Act of 1946 (Public Law 526, 79th Congress, 60 Stat. 641), for the public use of the reservoir areas listed in § 311.1.

§ 311.1 Areas covered. The regulations contained in this part shall be applicable to:

(a) Fort Supply Reservoir Area, Wolf Creek, Oklahoma

(b) Norfork Reservoir Area, North Fork River, Missouri and Arkansas

(c) Nimrod Reservoir Area, Fourche La Fave River, Arkansas

(d) Dale Hollow Reservoir Area, Obey River, Kentucky and Tennessee

§ 311.2 Boats, commercial. No boat, barge or other vessel shall be placed upon or operated upon any water of the reservoir for a fee or profit, either as a direct charge to a second party or as an incident to other services provided to the second party, except as specifically authorized by lease, license, or concession contract with the War Department.

§ 311.3 Boats, private. (a) The operation of boats on the reservoir for fishing and recreational use is permitted, except in prohibited areas designated by the District Engineer in charge of the reservoir area.

(b) A permit shall be obtained from the District Engineer or his authorized representative for placing and operating a boat on the reservoir for any one period longer than three days. No charge will be made for this permit. The permit shall be kept aboard the boat at all times that the boat is in operation on the reservoir.

(c) Unsafe boats will not be permitted on the reservoir, and all boats permitted on the reservoir shall be equipped for safe operation and operated in a safe manner in accordance with instructions issued by the District Engineer.

(d) Boats shall be moored only in areas designated by the District Engineer. (e) A permit shall be obtained from the District Engineer for any special boat mooring facilities.

(f) The District Engineer in charge of the area shall have authority to revoke the permit for either the boat or mooring facilities and to require their removal upon the failure of the permittee to comply with the terms and conditions of the permit or with the regulations in this part.

§ 311.4 Houseboats. (a) A permit shall be obtained from the District Engineer for placing any houseboat on the water of the reservoir.

(b) Written approval of the District Engineer shall be obtained of the plans for houseboats and the construction of the houseboats shall conform to the plans as approved by the District Engineer.

(c) Refuse, garbage, rubbish, or waste of any kind shall be disposed of in the manner designated by the District Engineer or his authorized representative.

(d) Houseboats shall be securely moored in the area designated by the District Engineer.

(e) Houseboats shall be maintained in a condition satisfactory to the District Engineer and shall not be abandoned on the reservoir area.

(f) The District Engineer shall have authority to revoke the permit and require the removal of the houseboat upon failure of the permittee to comply with the terms and conditions or with the regulations in this part.

§ 311.5 Swimming and bathing. Swimming and bathing are permitted except in prohibited areas designated by the District Engineer.

§ 311.6 Hunting and fishing. (a) Hunting and fishing are permitted in accordance with all applicable Federal, State and local laws for the protection of fish and game, except in prohibited areas designated by the District Engi

neer.

(b) Hunting shall be with shotgun only.

(c) A permit shall be obtained from the District Engineer or his authorized representative to construct a duck blind on the water of the reservoir or upon the reservoir land.

§ 311.7 Camping. (a) Camping is permitted only at areas designated by the District Engineer in charge of the reservoir area or his authorized representative.

(b) Approval of the District Engineer, or his authorized representative, is required to camp in the reservoir area for any one period of two weeks or longer.

(c) Camping equipment shall not be abandoned or left unattended for 48 hours or more.

(d) The installation of any permanent facility at any public camp ground is permitted only on written authoriza

tion of the District Engineer or his authorized representative.

(e) Campers shall keep their camp grounds clean and dispose of combustibles and refuse in accordance with instructions posted by the District Engineer at each camp ground.

(f) Due diligence shall be exercised in building and putting out camp fires to prevent damages to trees and vegetation and to prevent forest and grass fires.

(g) Camps must be completely razed and the sites cleaned before the departure of the campers.

§ 311.8 Picnicking. Picnicking is permitted except in prohibited areas designated by the District Engineer or his authorized representatives.

§ 311.9 Access to water area. (a) Pedestrian access is permitted along the shores of the reservoir except in areas designated by the District Engineer or his authorized representative.

(b) Automobile access is permitted only over open public and reservoir roads.

(c) Access for the general public to launch boats is permitted only at the public launching sites designated by the District Engineer.

§ 311.10 Destruction of public property. The destruction, injury, defacement, or removal of public property or of vegetation, rock, or minerals, except as authorized, is prohibited.

§ 311.11 Firearms and explosives. Loaded rifles, loaded pistols, and explosives are prohibited in the reservoir area.

§ 311.12 Gasoline and oil storage. Gasoline and other inflammable or combustible liquids shall not be stored in, upon, or about the reservoir or shores thereof without the written permission of the District Engineer or his authorized representative.

§ 311.13 Sanitation. Refuse, garbage, rubbish or waste of any kind shall not be thrown on or along roads, picnicking or camping areas, in the reservoir waters or on any of the lands around the reservoir, but shall be burned or buried, or disposed of at designated points or places designed for the sanitary disposal thereof.

§ 311.14 Advertisements. Private notices and advertisements shall not be

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