Operations on Federal lands..........

Some questions arose yesterday while I was flying off some federal land that is controlled by the Corp of Engineers that maybe some of you will have an answer for. I was landing on the shoreline of a local reservoir since the water level is so low and had the State Game and Fish Dept. tell me that was illegal. Now......I know you can land a floatplane on the water ( and this applies to the Missouri River here also)......so when that water turns to sand is it usable for aircraft or any motorized vehicle? I know they launch boats and use this "take land" to access their ice shacks in the winter. Are there restrictions for aircraft specifically? Anybody else have this problem or know what the federal regs are? How about skis on the ice in the winter?
Just trying to have a fun day in the cub..........I miss the "good old days".

Oh Boy, talk about a can of worms.

The short answer is that all federal lands are different, even lands administered by the same agency. National Parks are different from BLM which are different from Fish and Wildlife Service even though each agency is a part of the Department of Interior. The US Forest Service has similarities to the Interior agencies but is a part of the Department of Agriculture.

The legislation establishing each of the agencies also provided broad guidelines for how the lands should be managed. BLM and the Forest Service are multiple use agencies with a mandate to provide a variety of goods and services from the lands they manage. The National Park Service has a mandate to preserve National Parks, Monuements and other features. Fish and Wildlife Service is primarily concerned with management of Wildlife Refuges and Wildlife populations as a whole.

All Federal lands are managed through some sort of Land Use Plan. For example Forest Service has Forest Plans for each Forest (designed to address the unique features of the local area), BLM has Resource Management Plans, and Fish and Wildlife Service has Refuge Management Plans. Most (if not all) have some provision for use by motorized vehicles. Some areas (such as congressionally designated wilderness) are closed to all motor vehicles, other areas are designated as open or unrestricted. It all depends how the individual management plan was written.

The best bet is to ask the agency who you are dealing with. In some places, shoreline below the normal highwater mark is owned and administered by the State. Corps of Engineers managed property is one I'm not familiar with, but I would imagine that they could tell you, if you ask.

Some friends of mine have commented on not being able to drive their vehicle or 4 wheeler along the bank below the high water mark on the Fort Peck reservoir anymore when fishing. they can only drive to the shore where the roads come down to it. Don't know what law they changed though. This is on the CM Russell wildlife refuge.If a person did a lot of digging he might find out they are trying to enforce non existent laws though.

My experience with trying to get permision to operate on floats from the corps is the first answere is almost always "no". Then you've got to do some serious research to find out if there is a specific reg that prohibits it (or rarely condones it). I think its just easier and safer (job security wise) for them to say no. Good luck.
Ken

Got this yesterday. Looks like no ops on Corp ground/water.


Title 36 - Federal regulations governing Corps lands:

327.4 Aircraft.

(a) This section pertains to all aircraft including, but not limited to, airplanes, seaplanes, helicopters, ultra-light aircraft, motorized hang gliders, hot air balloons, any non-powered flight devices or any other such equipment.

(b) The operation of aircraft on project lands at locations other than those designated by the District Commander is prohibited. This provision shall not be applicable to aircraft engaged on official business of Federal, state or local governments or law enforcement agencies, aircraft used in emergency rescue in accordance with the directions of the District Commander or aircraft forced to land due to circumstances beyond the control of the operator.

(c) No person shall operate any aircraft while on or above project waters or project lands in a careless, negligent or reckless manner so as to endanger any person, property or environmental feature.

(d) Nothing in this section bestows authority to deviate from rules and regulations or prescribed standards of the appropriate State Aeronautical Agency, or the Federal Aviation Administration, including, but not limited to, regulations and standards concerning pilot certifications or ratings, and airspace requirements.

(e) Except in extreme emergencies threatening human life or serious property loss, the air delivery or retrieval of any person, material or equipment by parachute, balloon, helicopter or other means onto or from project lands or waters without written permission of the District Commander is prohibited.

(f) In addition to the provisions in paragraphs (a) through (e) of this section, seaplanes are subject to the following restrictions:

(1) Such use is limited to aircraft utilized for water landings and takeoff, in this part called seaplanes, at the risk of owner, operator and passenger(s).

(2) Seaplane operations contrary to the prohibitions or restrictions established by the District Commander (pursuant to part 328 of this title) are prohibited. The responsibility to ascertain whether seaplane operations are prohibited or restricted is incumbent upon the person(s) contemplating the use of, or using, such waters.

(3) All operations of seaplanes while upon project waters shall be in accordance with U.S. Coast Guard navigation rules for powerboats or vessels and Sec. 327.3.

(4) Seaplanes on project waters and lands in excess of 24 hours shall be securely moored at mooring facilities and at locations permitted by the District Commander. Seaplanes may be temporarily moored on project waters and lands, except in areas prohibited by the District Commander, for periods less than 24 hours providing:

(i) The mooring is safe, secure, and accomplished so as not to damage the rights of the Government or members of the public, and

(ii) The operator remains in the vicinity of the seaplane and reasonably available to relocate the seaplane if necessary.

(5) Commercial operation of seaplanes from project waters is prohibited without written approval of the District Commander following consultation with and necessary clearance from the Federal Aviation Administration (FAA) and other appropriate public authorities and affected interests.

(6) Seaplanes may not be operated at Corps projects between sunset and sunrise unless approved by the District Commander.

The key is the "unless approved by district commander" phrase. The seaplane pilots assoc has had limited success in getting these approvals. As I understand it, an ongoing history of seaplane ops (possibly landplane also) can be the deciding factor. They usually end up with some kind of hearing/opportunity for public comment. If you can round up anybody who has used this area in the past (the longer the better) it may help. Unfortunatly, most of us that fly supercubs are usually not to tolerant of the process. I know I'm not. I just go somewhere else. I guess if I run out of somewhere elses, it'll be my own damn fault.
Ken

Is there any basic guidelines as to what defines "Corp Lands"? I guess you could assume that any resevoir or lake that is created by a dam would be, but could it extend down stream?

It also says nothing about what happens when their precious backwater freezes over. You could assume since seaplanes are allowed, that wheel and ski ops would be OK on the ice?

Didn't know anything about "Corp Lands". Always assumed they were like any other federal waterway, and under the juristiction of the Coast Guard and the local governments. One more thing to worry about...

I'm checking further Mark but, in our area anyway, I think downstream from the dams are also "project lands" and controlled by the Corp. Will post what I learn later.

For a lower 48 state, we here in MN are blessed with LOTS of non-Corp water. Summer's on floats and winters on big tires or ski's and you can go just about anywhere because there will usually be a place to land close by.

Most Corps' Project managers have authority to act on behalf of their District Engineers since they can also issue federal citations on his behalf. They are sometimes able to designate areas for flight operations and special events such as fly ins. They don't all say 'no' and it is worthwhile to check with them. The Chena Flood Project outside Fairbanks has permitted an ultralight fly in and had worked with an organized ultralight organization wanting to build a grass strip for special use activities on the Project.

John

Shorelines are usually defined by the "mean high water" mark. Easements and rights-of-way use that benchmark. If that rule applies to your reservoir, you might win on a technicality, and may legally be landing on the lake. I have no experience with lakes that have managed/controlled water levels, so their rules may be different.
SB

Dave,

I'll be curious what you find out about the Missouri River, since I have left a few tracks on the sandbars lately...

sj