for opening or closing an area or trail in a manner that provides an opportunity for the public to express themselves and have their views taken into account. The Regional Director may act independently if he/she deems emergency action to open or close or restrict areas and trails is necessary to attain the objectives of the regulations of this part.

(a) Regional Directors shall designate and publicize those areas and trails which are open to off-road vehicle use in accordance with § 420.23.

(b) Before any area or trail is opened to off-road vehicle use, the Regional Director will establish specific regulations which are consistent with the criteria in these regulations.

(c) The Regional Director will inspect designated areas and trails periodically to determine conditions resulting from off-road vehicle use. If he determines that the use of off-road vehicles will cause or is causing considerable adverse effects on the soil, vegetation, wildlife, wildlife habitat, or cultural or historic resources of particular areas or trails of the public lands, he shall immediately close such areas or trails to the type of off-road vehicle causing such effects. No area or trail shall be reopened until the Regional Director determines that adverse effects have been eliminated and that measures have been implemented to prevent future recurrence. The public shall be notified of restrictions or closure in accordance with § 420.23.

[39 FR 26893, July 24, 1974, as amended at 44 FR 34909, June 15, 1979]

§ 420.22 Criteria for off-road vehicle

areas.

(a) Areas and trails to be opened to off-road vehicle use shall be located:

(1) To minimize the potential hazards to public health and safety, other than the normal risks involved in offroad vehicle use.

(2) To minimize damage to soil watershed, vegetation, or other resources of the public lands.

(3) To minimize harassment of wildlife or significant disruption of wildlife habitats.

(4) To minimize conflicts between off-road vehicle use and other existing or proposed recreational uses of the

same or neighboring public lands, and to ensure compatibility of uses with existing conditions in populated areas, taking into account noise and other factors.

(5) In furtherance of the pruposes and policy of the National Environmental Policy Act of 1969 (Pub. L. 91190, 83 Stat. 852).

(b) Areas and trails shall not be located in areas possessing unique natural, wildlife, historic, cultural, archeological, or recreational values unless the Commissioner determines that these unique values will not be adversely affected.

§ 420.23 Public notice and information.

Areas and trails may be marked with appropriate signs to permit, control or prohibit off-road vehicle use on Reclamation lands. All notices concerning the regulation of off-road vehicles shall be posted in a manner that will reasonably bring them to the attention of the public. A copy of any notice shall be made available to the public in the regional office and field offices where appropriate. Such notice, and the reasons therefore, shall be published in the FEDERAL REGISTER together with such other forms of public notice or news release as may be appropriate and necessary to adequately describe the conditions of use and the time periods when the areas involved in an action under these regulations are to be (a) opened to off-road vehicle use, (b) restricted to certain types of off-road vehicle use and (c) closed to off-road vehicle use.

§ 420.24 Permits for organized events.

Regional Directors may issue permits for the operation of off-road vehicles in organized races, rallies, meets, endurance contests, and other events on areas designed for each event. The application for such an event shall:

(a) Be received by the Regional Director at least 60 days before the event;

(b) Provide a plan for restoration and rehabilitation of trails and areas used, and demonstrate that the prospective permittee can be bonded for or deposit the amount that may be required to cover the cost;

80-147 0-81--23

(1) Reclamation lands managed by the National Park Service, the Bureau of Sport Fisheries and Wildlife, the Bureau of Land Management, the Forest Service, and other Federal agencies will be administered in accordance with regulations of those agencies.

(2) Reclamation lands managed by non-Federal entities will be administered in a manner consistent with both Part 420 and applicable non-Federal laws and regulations.

(b) Public lands withdrawn, but not yet utilized for Reclamation purposes, will be administered by the Forest Service or by the Bureau of Land Management in accordance with regulations of those agencies, but consistent with Reclamation requirements for retaining the land.

§ 421.1 Applicability.

These rules and regulations apply to Hoover Dam and all structures, buildings, and grounds appurtenant thereto which are situated on lands over which the United States has concurrent legislative jurisdiction, and to all persons entering in or on such property.

§ 421.2 Preservation of property.

The following are prohibited: the improper disposal of rubbish; the creation of any hazard to persons or things; the throwing of articles of any kind from the roadway, walks, or guardrails across the top of the dam, from the parking areas or visitor observation points, or from any other structure or building; the climbing upon the guardrails of the dam or upon the roof or any part of any building or structure; and the willful destruction, damage, or removal of property or any part thereof.

services available thereon; or which tends to impede or disturb public or contractor employees in the performance of their duties.

§ 421.5 Vehicular and pedestrian traffic.

(a) Vehicle operators shall drive in a careful and safe manner at all times and shall comply with the signals and directions of uniformed police officers and all posted traffic signs.

en

(b) Vehicles shall not block trances, driveways, walks, loading platforms, or fire hydrants.

(c) Vehicles shall not be parked in unauthorized locations, in locations reserved for specific uses, continuously in excess of 25 hours without permission, or contrary to the direction of posted signs (see 43 CFR 421.12), or contrary to the direction of uniformed police officers.

(d) Pedestrians shall use the walkways on the dam and designated crosswalks, and shall not walk in the vehicle lanes.

This paragraph may be supplemented from time to time by the issuance and posting of specific traffic directives as may be required and when so issued and posted such directives shall have the same force and effect as if made a part hereof.

§ 421.6 Gambling.

Participating in games for money or other personal property, the operation of gambling devices, the conduct of lottery or pool, and the selling or purchasing of numbers tickets are prohibited.

§ 421.7 Alcoholic beverages and narcotics.

Operating a motor vehicle on property by a person under influence of alcoholic beverages, narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines is prohibited. Entering property under the influence of any narcotic drug, hallucinogen, marijuana, barbiturate, amphetamine, or alcoholic beverage is prohibited (unless prescribed by a physician). The use or possession of any narcotic drug, hallucinogen, marijuana, barbiturate, amphetamine, or alcoholic beverage on property is prohibited (unless prescribed by a physician).

§ 421.8 Soliciting, vending, advertising, and distribution of handbills.

All soliciting, vending, or advertising is prohibited. The distribution of material such as handbills, pamphlets, and flyers is prohibited. This rule does not apply to national or local drives for funds for welfare, health and other purposes sponsored or approved by the Bureau of Reclamation.

§ 421.9 Photography and motion pictures. Photographs may be taken in or from any area open to the public. Use of photographic equipment in any manner or from any position which may create a hazard to persons or property is prohibited. Written permission by the Bureau of Reclamation is required for the filming of any professional or commercial motion or sound pictures except by bona fide newsreel and news television photographers and soundmen. Cameras and other equipment carried on guided tours within the dam and powerplant are subject to inspection.

§ 421.10 Weapons and explosives.

The carrying of firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, except for official purposes, is prohibited.

§ 421.11 Audio devices.

The operation or use of a public address system is prohibited, except when specifically authorized by the Bureau of Reclamation.

§ 421.12 Abandoned and unattended property.

(a) Abandonment of any vehicle or other personal property is prohibited, and such property may be impounded by the Bureau of Reclamation.

(b) Leaving any vehicle or other personal property unattended for longer than 25 hours, without prior permission of the Bureau of Reclamation, is prohibited and such property may be impounded by the Bureau of Reclamation. In the event unattended property interferes with the safe and orderly management of the Hoover Dam facilities, it may be impounded by the Bureau of Reclamation at any time.

§ 421.13 Closing of areas.

The Project Manager may establish a reasonable schedule of visiting hours for all or portions of the area. He may close or restrict the public use of all or any portion of the property when necessary for protection of the property or the safety and welfare of persons. All persons shall obey signs designating closed areas and visiting hours.

§ 421.14 Nondiscrimination.

There shall be no discrimination by segregation or otherwise against any persons because of race, color, religion, sex, or national origin in furnishing or refusing to furnish the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided.

§ 421.15 Penalties and other laws.

Whoever shall be found guilty of violating these rules and regulations while on property over which the United States exercises exclusive or concurrent legislative jurisdiction, is subject to fine of not to exceed $50 or imprisonment of not more than 30 days, or both (see 40 U.S.C. 318c). Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations, or any State or local laws and regulations, applicable to any area in which property is situated.

(a) Antiquities Act of 1906 (34 Stat. 225, 16 U.S.C. 431)

(b) Historic Sites Act of 1935 (49 Stat. 666, 16 U.S.C. 461-467)

(c) Reservoir Salvage Act of 1960 (74 Stat. 220, 16 U.S.C. 469) as amended by Pub. L. 93-291, the Historical and Archeological Preservation Act of 1974 (88 Stat. 174, 16 U.S.C. 469)

(d) National Historic Preservation Act of 1966 (NHPA) (80 Stat. 915, 16 U.S.C. 470) as amended in 1973 by Pub. L. 93-54 and in 1976 by the Land and Water Conservation Fund Act, Pub. L. 94-422

(e) National Environmental Policy Act of 1969 (NEPA) (83 Stat. 852)

(f) Executive Order 11593, for “Protection and Enhancement of the Cultural Environment," May 13, 1971

(g) Preparation of Environmental Impact Statements Guidelines (40 CFR Part 1500)

(h) National Register of Historic Places (36 CFR Part 60)

(i) Procedures for the Protection of Historic and Cultural Properties (36 CFR Part 800)

(j) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR Part 63)

(k) Protection of Properties in the National Register of Historic Places (426 DM 1)

(1) Preservation of Historic Property (519 DM 1)

(m) Environmental Quality (516 DM 1-3)

The scope of this part embraces the elements of Executive Order 11593, section 1, which states:

"The Federal Government shall provide leadership in preserving, restoring, and maintaining the historic and cultural environment of the Nation. Agencies of the executive branch *** shall (1) administer the cultural properties under their control in a spirit of stewardship and trusteeship for future generations, (2) initiate measures necessary to direct their policies, plans and programs in such a way that federallyowned sites, structures, and objects preserved, restored, and maintained for the inspiration and benefit of the people, and (3) * * * institute procedures to assure that

are

Federal plans and programs contribute to the preservation and enhancement of nonfederally owned sites, structures, and objects of historical, architectural, or archaeological significance."

§ 422.2 Responsibilities.

(a) Secretary of the Interior. The provisions of referenced Acts in § 422.1 assign Governmentwide overview and consultative responsibilities to the Secretary of the Interior for performing the functions necessary to execute the policies prescribed in Executive Order 11593 and applicable historic preservation laws.

(b) Bureau of Reclamation. The Bureau of Reclamation is responsible for the identification and protection of historical, archaeological, architectural, scientific, and paleontological resources, hereinafter referred to as cultural resources, affected by Reclamation actions or on Reclamation lands. Reclamation will manage the cultural resources on Reclamation lands in compliance with national policies in an effort to protect, preserve, rehabilitate, restore and maintain the properties, as appropriate. Reclamation is also responsible for identifying and considering cultural resources on nonfederally owned areas which are or will be affected by Reclamation actions (includes Reclamation funded, licensed, or proposed activities). It is the responsibility of the Bureau of Reclamation to identify, evaluate and nominate to the National Register of Historic Places (National Register) all districts, sites, structures, buildings, and objects significant in American history, architecture, archaeology, and culture which may be eligible under National Register criteria (36 CFR 60.6) on all areas affected by a Reclamation action and on all Reclamation owned, withdrawn, or acquired lands or land in which Reclamation acquires or retains an interest. These responsibilities shall be fully considered in project planning, construction, operation and maintenance. Reclamation responsibilities also include notification to the Secretary of the Interior when it is determined that a Reclamation project will cause irreparable loss or destruction of cultural resources listed on or eligible for listing in the National Register and the preparation of an

annual report of activities carried out pursuant to Pub. L. 93-291.

(1) Commissioner. The Commissioner of the Bureau of Reclamation is responsible for Reclamation's compliance with Executive Order 11593 and the applicable provisions of the laws and regulations referenced in § 422.1.

(2) Regional Directors. Each Regional Director is responsibile for insuring that proposed and existing Reclamation activities under his jurisdiction are executed according to the provisions of these regulations (43 CFR Part 422).

(3) Archaeologist, Engineering and Research Center (E&R Center). The Archaeologist, E&R Center, Denver, Colo., is Reclamation's chief archeologist. This person is responsible for providing advice to the Commissioner's office and for furnishing technical assistance to and coordinating with the regional offices about Reclamation's cultural resources program.

(c) Advisory Council on Historic Preservation (Advisory Council). Under the provision of section 106 of the National Historic Preservation Act and Executive Order 11593, the Advisory Council must be afforded an opportunity for comment on Federal, federally assisted or federally licensed undertakings that may affect properties listed in or eligible for listing in the National Register of Historic Places. The procedures for consultation with the Advisory Council are outlined in 36 CFR Part 800.

(d) State Historic Preservation Officer (SHPO). The SHPO is the State official, designated pursuant to 36 CFR Part 60, responsible for liaison with Federal agencies in their implementing the National Historic Preservation Act of 1966 and Executive Order 11593, and for the coordination of the Statewide survey of historic properties and the development of a comprehensive State historic preservation plan.

§ 422.3 Program procedures.

(a) Policy. In all matters related to cultural resources, the Bureau of Reclamation regulations (43 CFR Part 422) and policy memorandums in further implementation of these regula