8. Ranger Deportment. Rangers will endeavor to present a personable appearance whenever contacting the public. If other work dictates otherwise, he will dispense with such contacts until properly attired. During that portion of 1967 in which entrance fees are in effect, he will devote his time to admission fees without neglect of fire control, safety, and protection of government property and other assigned duties of high priority. He will endeavor to be courteous to the public at all times and avoid incidents critical of the Corps. Temporary Rangers employed primarily for fee collection will perform duties as assigned. 9. Persons not requiring permit. Persons under 16 years of age and individuals engaged in construction, sales or purely educational purposes are not required to have permits for entrance to the designated areas. The Questions and Answers folder furnished with the annual permit indicates other specific exemptions. All persons present on official business are not required to have a permit. 10. Funds and Personnel. On the assumption that the funds requested in the 1968 FY budget will be allowed and a 1967 FY allotment will be made for carrying out the fee collection program, District Engineers will proceed promptly with the hiring and uniforming of necessary personnel and giving them training in the collection program. To help the Corps answer subsequent questions on the cost of collections versus the amount collected, District Engineers will initiate workable procedures for ascertaining the cost of collection to the amount collected for each fee area. 11. Enforcement. There is inclosed a "Notice of Violation", Appendix II, which should be reproduced in quantity for each Ranger's use when he finds a vehicle without a valid permit within a designated area and outside of the leased concession site. This admonition should be left in the vehicle or under the windshield wiper along with an envelope addressed to the Reservoir Manager. If payment is not received within 20 days of issue of Notice, or satisfactory explanation furnished for nonrequirement (see Paragraph 9 above), prosecution will be recommended to the U.S. Attorney having jurisdiction. The Corps does not have residual authority for arrest or issuance of warrants. District Engineers should take up with the U.S. Attorneys concerned with each project the procedure for enforcement of the penalty clauses of the Land and Water Conservation Fund Act. If no U.S. Commissioner has been appointed, the U.S. Attorney may be requested to initiate action for appointment of a U.S. Commissioner before whom complaints may be filed. For the Chief of Engineers: H. G. WOODBURY, Jr., Append: 1. Determination of S/A. 2. Notice of Violation. APPENDIX I-DETERMINATION OF THE SECRETARY I hereby rescind my determination of 8 June 1966 and make the following determination. The public access areas listed by State, Project and River are hereby determined as "Designated Areas" pursuant to Section 3 of Executive Order 11200. The Chief of Engineers is hereby delegated and may redelegate authority to establish the period of applicability of the fees to specific projects or to access sites therein as appropriate to climate, recreation season and staffing at each project or sites therein. At "Designated Areas" the entrance or admission fees are established at the minimum rates prescribed and as defined in Title 43, Code of Federal Regulations, subtitle A, part 18, effective 1 April 1967. These rates are: (a) $7.00 for annual "Federal Recreation Area Entrance Permit" good for private non-commercial vehicle, including all occupants; (b) $3.00 short term permit good for private vehicle including all occupants for a period not to exceed 6 months, valid at one project only; (c) $1.00-short term permit good for private non-commercial vehicle and all occupants for one day at one project only; (d) $0.50 short term permit for individual entering by means of other than private, non-commercial vehicle per day at one project only. Virginia..... Texarkana Reservoir access areas. Sulphur River. John H. Kerr Dam and Reservoir access areas (also see North Roanoke River. North Bend Park. Salthouse Branch. Philpott Reservoir access areas... Smith River. 1 To be posted as a charge area at such time as facilities under construction have been completed. APRIL 17, 1967. APPENDIX 2-NOTICE OF VIOLATION, U.S. ARMY CORPS OF ENGINEERS Area: License Plate No:- Name: Address: Time of day: A Federal recreation area entrance permit is required for use of this area under the Land and Water Conservation Fund Act of 1965. Your permit has not been displayed (on driver's side dashboard or sun visor clearly visible from the outside) according to posted instructions. 89-619-68——7 1. If you have a valid Federal recreation area entrance permit for this area, please display properly. Record its serial number here ---, place 2. If you have not had an opportunity to purchase a permit, the attached envelope is provided for your convenience. At the end of day remove from car, place this notice and $1 in cash, check or money order in this envelope, and mail. this notice in the attached envelope and mail. If notice and remittance or evidence of permit is not received within 10 days, a complaint will be filed with the United States Commissioner and a warrant may be issued for your arrest. [Circular No. 1130-2-25 (as amended)] (Ranger) DEPARTMENT OF THE ARMY, EFFECTIVE UNTIL 30 SEPTEMBER 1967 UNLESS SOONER SUSPENDED OR RESCINDED PROJECT OPERATIONS Grants for Private Floating Facilities at Water Resource Development Projects 1. Purpose and Scope. The purpose of this circular is to provide information and instructions concerning policies and procedures applicable to granting of permits to individuals and organizations to construct or place private floating facilities at water resource development projects. It is applicable to Division and District Engineers having real estate responsibilities for civil work projects and responsibilities for administration of civil works projects. 2. General. a. The Act of Congress approved 31 August 1951 (65 Stat. 290; 5 U.S.C. 140) expresses the intent of Congress that Federal agencies establish fair and equitable fees and charges for privileges granted, taking into consideration direct and indirect cost to the Government, value to the recipient, public policy or interest served and other pertinent facts. b. No fees or charges have been made for permits granted to individuals and organizations for private boat mooring facilities, duck blinds, ski-jump floats, swimming or diving platforms or rafts, and similar facilities at water resource development facilities. Since these permits confer valuable rights and privileges upon the permittees, it has been determined that adequate compensation will be charged for such permits. This change in policy is consistent with our general policy of obtaining adequate compensation for the grant of a valuable right and will recoup from the beneficial user a portion of the administrative cost involved in granting and administering the permit consistent with the intent of the Act of 31 August 1951 and Bureau of the Budget Circular No. A-25 dated 23 September 1959. c. Pending the publication of an Engineer Regulation, the following policies and provisions will apply to the granting of permits to individuals and organizations for private boat mooring facilities, duck blinds, ski-jump floats, swimming or diving platforms or rafts, and similar facilities at water resource development projects: (1) General. No individual or organization will be allowed to place or construct any private boat mooring facility (boathouse, buoy, dock or pier), duck blind, ski-jump float, swimming or diving platform or raft, or any similar facility upon the water area, above Government-owned land at any water resource development project until an application has been filed and approved and an appropriate permit issued. (2) Policy. (a) The granting of permits for these purposes will be held to a minimum consistent with the circumstances at each project. Permits will not be granted for use of water areas within or immediately adjacent to lands being utilized or reserved in an approved master plan for Priorities 1. 2 or 3 purposes.1 Applicants for the use of areas reasonably near a commercial concession will be encouraged to utilize the concession facilities.' The designation 1 TT377 Dec. 8, 1966. of Priority One lands is limited for this purpose to areas designated for concentrated public use, and not to the peripheral shore line. (b) The use of boat mooring facilities will be limited to the mooring of boats and storage of gear. The installation of sleeping accommodations, cooking facilities, heating facilities, toilet and shower facilities, refrigeration, television and other items conducive to human habitation in the facilities is prohibited. (3) Application. The application for a permit may be in any form approved by the Division or District Engineer. (4) Consideration. Compensation will be determined on the basis of the area occupied. The total area that the permittee obtains exclusive use over, including any walkway approach to the facility, will be determined to be the area occupied. The annual rate to be reserved is $10.00 plus seven and one-half cents (71⁄2¢) for each square foot of the area occupied in excess of 200 square feet. When appropriate, permittees should be required to pay compensation, in advance, for the term of the permit to reduce administration costs. (5) Term. The permit may be granted for a term equal to the estimated life of the facility or five years, whichever is less. (6) Form. ENG Form 3943 will be used for these purposes. (7) Execution. District Engineers or their authorized representatives are authorized to execute permits for these purposes. Generally, the authority to execute the permits should be delegated to appropriate Reservoir Managers. (8) Revocation. District Engineers are authorized to revoke any permit granted for these purposes. (9) Compliance Inspections. Periodic inspections will be performed by project personnel to assure compliance with the provisions of the permit. Special attention should be given to enforcing the prohibitions stated in subparagraph 2c (2) (b). d. This change in policy and procedure will become effective 1 January 1968. The objective is to give each permittee at least six months notice of the change. All existing permits for these purposes will be revoked effective 31 December 1967. Permittees must remove their facilities, or obtain a new permit for the facilities to remain in place, prior to 1 January 1968.2 e. It has been noted that some owners of boathouses are utilizing the facilities for human habitation. This use is in conflict with the Code of Federal Regulations, Title 36, Chapter III and must be discontinued. Owners of boathouses who are using them for human habitation will be requested to take one of the following courses of action by 1 January 1968: (1) Remove all living accommodation facilities (see par. 2c(2)(b) above) from the structure and use it solely as a boathouse for the mooring of a boat or boats and the storage of related gear. (2) Convert the structure to a self-propelled houseboat and discontinue its use for human habitation when at a fixed or permanent mooring point. (This alternative will not be given on projects where houseboats are not allowed.) (3) Remove the structure from the reservoir. A new permit, under the policies and procedures herein prescribed, will not be granted to any such owner until he has complied with the request. Owners of facilities requiring permits should be notified no later than 1 January 1967 that they must comply or remove their facilities. Those not complying by 1 Jan. 1968 should be notified that on 1 April 1968 the facility will be considered abandoned personnel property under the appropriate section of Title 36, Chapter III, Code of Federal Regulations, and will be impounded, sold or destroyed as provided therein. f. A public relations program at the project level should be carried out to bring to the public's attention the postive aspects of this permit system in preserving the quality of the project's resources. The project manager or his designated representative should endeavor to meet with civic minded organizations, who are interested in the orderly development and preservation of the project's resources, and the various news media serving the patrons of the project. W. P. LEBER, Brigadier General, USA, Director of Civil Works * TT399 Mar. 31, 1967. |