36 C.F.R. § 327.23

Recreation use fees

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(a) In accordance with the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l) and the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, the Corps of Engineers collects day use fees, special recreation use fees and/or special permit fees for the use of specialized sites, facilities, equipment or services related to outdoor recreation furnished at Federal expense.

(b) Where such fees are charged, the District Commander shall insure that clear notice of fee requirements is prominently posted at each area, and at appropriate locations therein and that the notice be included in publications distributed at such areas. Failure to pay authorized recreation use fees as established pursuant to Pub. L. 88-578, 78 Stat. 897, as amended (16 U.S.C. 460l-6a), is prohibited and is punishable by a fine of not more than $100.

(d) Any Golden Age or Golden Access Passport permittee shall be entitled, upon presentation of such a permit, to utilize special recreation facilities at a rate of 50 percent off the established use fee at Federally operated areas. Fraudulent use of a Golden Age or Golden Access Passport is prohibited.

[65 FR 6903, Feb. 11, 2000]

Notes of Decisions

Cited in 4 cases, 1979–2016 · leading case: Lee Roy Swafford v. United States, 839 F.3d 1365 (11th Cir. 2016).

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Lee Roy Swafford v. United States, 839 F.3d 1365 (11th Cir. 2016). “§ 460d-3(b)(l); 36 C.F.R. § 327.23 (a). The fees charged by the Corps at the Campground are authorized by these latter provisions and are compatible with Georgia law.”

David L. Klepper v. City of Milford, Kansas, & David L. Klepper v. United States of Am., & Third Party & City of Milford, Kansas, Third Party, 825 F.2d 1440 (3rd Cir. 1987). “Finally, the regulations stated that § 327 applies to outgranted lands as “a minimum regulatory requirement” but that, otherwise, “[applicable laws and regulations of the State shall be deemed to apply on project lands or waters which are outgranted_” 36 C.F.R. § 327.23 (1978).…”

Stephens v. United States, 472 F. Supp. 998 (C.D. Ill. 1979). “Title 36 contains the minimal regulations which apply on out-granted land ( 36 C.F.R. § 327.23 ). Section 3276 of Title 36 provides: Swimming, snorkling, or scuba diving is permitted, except in those areas of the lake, reservoir, or other body of water designated by the District…”

Toche v. Am. Watercraft Ass'n, 176 S.W.3d 694 (Ky. Ct. App. 2005). “Citations for failure to pay permit fee in violation of 36 CFR § 327.23 (a) and failure to follow posted restrictions in violation of 36 CFR § 327.”

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