43 C.F.R. Subpart E—Special Use Areas
Title 43 - Public Lands: Interior
(a) After making a determination under paragraph (b) of this section, an authorized official may: (1) Establish special use areas within Reclamation facilities, lands, or waterbodies for application of reasonable schedules of visiting hours; public use limits; and other conditions, restrictions, allowances, or prohibitions on particular uses or activities that vary from the provisions of subpart C of this part 423, except §423.28; and (2) From time to time revise the boundaries of a previously designated special use area and revise or terminate previously imposed schedules of visiting hours; public use limits; and other conditions, restrictions, allowances, or prohibitions on a use or activity. (b) Before taking action under paragraph (a) of this section, an authorized official must make a determination that action is necessary for: (1) The protection of public health and safety; (2) The protection and preservation of cultural and natural resources; (3) The protection of environmental and scenic values, scientific research, the security of Reclamation facilities, the avoidance of conflict among visitor use activities; or (4) Other reasons in the public interest. When establishing, revising, or terminating a special use area, Reclamation must notify the public as required by this section. (a) What notices must contain. The notice must specify: (1) The location of the special use area; and (2) The public use limits, conditions, restrictions, allowances, or prohibitions on uses and activities that are to be applied to the area or that are to be revised or terminated. (b) How notice must be made. Reclamation must publish the notice required by paragraph (a) of this section in the (1) Signs posted at conspicuous locations, such as normal points of entry and reasonable intervals along the boundary of the special use area; (2) Maps available in the local Reclamation office and other places convenient to the public; (3) Publication in a newspaper of general circulation in the affected area; or (4) Other appropriate methods, such as the use of electronic media, brochures, and handouts. (c) When notice may be delayed. (1) Notice under this section may be delayed in an emergency where delaying designation, revision, or termination of a special use area would result in significant risk to: (i) National security; or (ii) The security of a Reclamation facility, Reclamation employees, or the public. (2) If the exception in paragraph (c)(1) of this section applies, Reclamation must comply with paragraph (b) of this section within 30 days after the effective date of the designation. (3) Failure to meet the (d) When notice is not required. Notice under this section is not required if all the following conditions are met: (1) The action will not result in a significant change in the public use of the area; (2) The action will not adversely affect the area's natural, esthetic, scenic or cultural values; (3) The action will not require a long-term or significant modification in the resource management objectives of the area; and (4) The action is not highly controversial. (a) The authorized official must document the reasons for designating a special use area and the restrictions, conditions, public use limits, or prohibitions that apply to that area. In the case of the termination of a previously established restriction, condition, public use limit, or prohibition, the authorized official must make a written determination as to why the restriction is no longer necessary. (b) Documentation of the designation or termination of a special use area must occur before the action, except in the emergency situations described in §423.61(c). In the latter case, the documentation is required within 30 days after the date of the designation. (c) Reclamation will make documents produced under this section available to the public upon request except where such disclosure could compromise national or facility security, or human safety. To implement a public use limit, an authorized official may establish a registration or reservation system. Areas designated and formally documented for special uses, public use limits, or other restrictions, on April 17, 2006 will remain so designated without the need for compliance with §§423.60 through 423.63, except with respect to termination or modification of the special uses, public use limits, or other restrictions.
Title 43: Public Lands: Interior
PART 423—PUBLIC CONDUCT ON BUREAU OF RECLAMATION FACILITIES, LANDS, AND WATERBODIES
Subpart E—Special Use Areas
§ 423.60 How special use areas are designated.
§ 423.61 Notifying the public of special use areas.
§ 423.62 Documentation of special use area designation or termination.
§ 423.63 Reservations for public use limits.
§ 423.64 Existing special use areas.
