[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Notices]
[Pages 33673-33674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16151]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[OR-050-1220-00; GP7-0208]


Amendment to Prohibited Acts in Deschutes National Wild and 
Scenic River Area

AGENCY: Bureau of Land Management, Interior, Prineville District.

ACTION: Notice.

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SUPPLEMENTARY INFORMATION: The following amendments are made to the 
notice dated April 8, 1994 published in the Federal Register; Vol. 59, 
No. 73; Friday, April 15, 1994.
    The following definition is added:
    Camping means the erecting of a tent or shelter of natural or 
synthetic material, preparing a sleeping bag or other bedding material 
for use, parking of a motor vehicle, motor home, or trailer or mooring 
of a vessel for the apparent purpose of overnight occupancy.
    Part 1 (Camping) is amended by the following:
    Subpart (a) is replaced with the following:
    Camping longer than 4 consecutive nights at a boat-in only camp 
site or vehicle camping for a total period of not more than 14 days 
during any 28 day period. The 28 day period will begin the first full 
day the site is occupied. The 14 day limit may be reached either 
through a number of separate visits of through a period of continuous 
occupation. Once the 14 day limit is reached in any camping area, 
person(s) must move a distance of not less than 50 miles away from the 
campsite if they intend to continue camping on public lands.
    Subpart (d) is replaced with the following:
    Camping on river islands, or any area posted as closed to that use 
or Camping outside designated campsites between Deschutes Club locked 
gate and Maupine, or Camping outside of a designated campsite to the 
east (road side) of the River between Maupin and Sherars Falls, or 
Vehicle camping in any River segment outside of designated campsites.
    Subpart (l) is added as follows:
    Exceeding the maximum allowable number of persons and/or vehicles 
allowed for a designated campsite.
    Subpart (m) is added as follows:
    Reserving, holding, or transferring campsites for the benefit of 
another party.
    Subpart (n) is added as follows:
    Moving any table, stove, barrier, litter receptacle or other 
campground equipment.
    Part 8 (Boating) is amended by the following:
    Subpart (j) is added as follows:
    Failure to complete boater registration when requested to do so by 
agency personnel.
    Subpart (k) is added as follows:
    Failure to pay required boater use fee.
    Subpart (l) is added as follows:
    Failure to register for boat-in ares, camping sites or River 
sections/zones as required.
    Subpart (m) is added as follows:
    Failure to camp in assigned boat-in areas, camping sites or River 
section/zone as required.
    Subpart (n) is added as follows:
    Launching or taking out watercraft in an area designated as closed 
to this activity.
    Subpart (o) is added as follows:
    Failure to possess one type III or IV Personal Floatation Device 
(PFD) per person in a vessel.
    Part 9 (alcoholic beverages and controlled substances) is added by 
the following:
    For the purposes of these regulations, the term ``highway'' shall 
mean: every public way, road, street, thoroughfare and place, including 
bridges, viaducts and other structures upon public lands, open, used or 
intended for use of the general public for vehicles or vehicular 
traffic as a matter of right.
    The following are prohibited:
    (a) Operating a vessel, or knowingly allowing another person to 
operate a vessel, in a reckless or negligent manner, or in a manner so 
as to endanger or likely to endanger a person or property.
    (b) Operating a vessel when under the influence of alcohol or 
controlled substance to a degree that may endanger oneself or another 
person or damage property or public land resources; or the alcohol 
concentration in the operator's blood or breath is 0.10 grams or more 
of alcohol per 100 milliliters of blood or 0.10 grams or more of 
alcohol per 210 liters of breath. Provided, however, that if State Law 
that applies to operating a vessel while under the influence of alcohol 
establishes more restrictive limits of alcohol concentration in the 
operator's blood or breath, those limits supersede the limits specified 
in this paragraph.
    (c) Selling, giving, or otherwise making available any alcoholic 
liquor to any person who is visibly intoxicated.
    (d) No one other than the person's parent shall sell, give, or 
otherwise make available any alcoholic liquor to a person under the age 
of 21 years. A person violates this regulation who sells, gives, or 
otherwise makes available alcoholic liquor to a person with the 
knowledge that the person to whom the liquor is made available will 
violate this regulation.
    (e) No person under the age of 21 years shall attempt to purchase, 
purchase or acquire alcoholic liquor. Except when such minor is in a 
private residence accompanied by the parent or guardian of the minor 
and with such parent's or guardian's consent, no person under the age 
of 21 years shall have personal possession of alcoholic liquor.
    For the purposes of this regulation, personal possession of 
alcoholic liquor includes the acceptance or consumption of a container 
of such liquor, or any portion thereof or a drink of such liquor. 
However, this section does not prohibit the acceptance or consumption 
by any person of sacramental wine as part of a religious rite or 
service.
    (f) Drinks any alcoholic liquor in a motor vehicle when the vehicle 
is upon a highway.
    (g) Possesses on one's person, while in a vehicle upon a highway, 
any bottle, can, or other receptacle containing any alcoholic liquor, 
which has been opened, or a seal broken, or the contents of which have 
been partially removed.
    (h) Keeps in a motor vehicle when the vehicle is upon any highway, 
any bottle, can, or other receptacle containing any alcoholic liquor, 
which has been opened, or a seal broken, or the contents of which have 
been partially removed. The following apply to this paragraph:
    1. This paragraph applies only to the registered owner of any motor 
vehicle or, if the registered owner is not then present in the vehicle, 
to the driver of the vehicle.
    2. This paragraph does not apply if the bottle, can, or other 
receptacle is kept in the trunk of the vehicle, or kept in some other 
area of the vehicle not normally occupied by the driver or

[[Page 33674]]

passengers if the vehicle is not equipped with a trunk.
    3. For purposes of this paragraph, a utility compartment or glove 
compartment is considered within the area occupied by the driver and 
passengers.
    4. This paragraph does not apply to the living quarters of a camper 
or a motor home.
    The offense described in regulations (g) and (h) above does not 
apply to a motor vehicle operated by a publicly owned transit system or 
a motor vehicle operated by a common carrier and used primarily to 
carry passengers for hire.
    (I) Operating or being in actual physical control of a motor 
vehicle is prohibited while:
    1. Under the influence of alcohol, or a drug, or drugs, or any 
combination thereof, to a degree that renders the operator incapable of 
safe operation; or
    2. The alcohol concentration in the operator's blood or breath is 
0.10 grams or more of alcohol per 100 milliliters of blood or 0.10 
grams or more of alcohol per 210 liters of breath. Provided, however, 
that if State law that applies to operating a motor vehicle while under 
the influence of alcohol establishes more restrictive limits of alcohol 
concentration in the operator's blood or breath, those limits supersede 
the limits specified in this paragraph.
    (j) The provisions of paragraph (I) above also apply to an operator 
who is or has been legally entitled to use alcohol or another drug.
    (k) Tests.
    1. At the request or direction of an authorized person who has 
probable cause to believe that an operator of a motor vehicle upon 
public lands has violated a provision of paragraph (I) of this section, 
the operator shall submit to one or more tests of the blood, breath, 
saliva, or urine for the purpose of determining blood alcohol and drug 
content.
    2. Refusal by an operator to submit to at test is prohibited and 
proof of refusal may be admissible in any related judicial proceeding.
    3. Any test or tests for the presence of alcohol and drugs shall be 
determined by and administered at the direction of an authorized 
person.
    4. Any test shall be conducted by using accepted scientific methods 
and equipment of proven accuracy and reliability operated by personnel 
certified in its use.
    (l) Presumptive levels:
    1. The results of chemical or other quantitative tests are intended 
to supplement the elements of probable cause used as the basis for the 
arrest of an operator charged with a violation of paragraph (i1) of 
this section. If the alcohol concentration in the operator's blood or 
breath at the time of testing is less than alcohol concentrations 
specified in paragraph (i2) of this section, this fact does not give 
rise to any presumption that the operator is or is not under the 
influence of alcohol.
    2. The provisions of paragraph (l1) of this section are not 
intended to limit the introduction of any other competent evidence 
bearing upon the question of whether the operator, at the time of the 
alleged violation, was under the influence of alcohol, or a drug, or 
drugs, or any combination therefore.
    (m) Within the Sandy Beach Recreation Site, consuming alcoholic 
beverages or possessing any bottle, can or other receptacle containing 
any liquor, which has been opened, or a seal broken, or the contents of 
which have been partially removed. This paragraph does not apply if the 
bottle, can or other receptacle has been stored out of view and is not 
readily accessible.

    Dated: June 12, 1997.
James G. Kenna,
Acting District Manager.
[FR Doc. 97-16151 Filed 6-19-97; 8:45 am]
BILLING CODE 4310-33-M