[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Notices]
[Pages 56305-56307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22398]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-913-1630-PD]


Notice of Proposed Supplementary Rules for Public Land 
Administered by the Bureau of Land Management in Colorado Relating to 
the Unlawful Use of Alcohol by Underage Persons, Driving Under the 
Influence of Alcohol and/or Drugs, and Drug Paraphernalia Use and 
Possession on Public Land

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules for public land within the State 
of Colorado.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules to apply to the public lands within the State of Colorado. The 
rules relate to the illegal use of alcohol and drugs on the public 
lands. The BLM needs the supplementary rules to protect natural 
resources and the health and safety of public land users. These 
supplementary rules will allow BLM Law Enforcement Officers to enforce 
on public lands regulations pertaining to Alcohol and Drug laws in a 
manner consistent with current State of Colorado State laws as 
contained in the Colorado Revised Statutes.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by October 3, 2002 to be assured consideration. In 
developing final supplementary rules, BLM may not consider comments 
postmarked or received in person or by electronic mail after this date.

ADDRESSES: Mail: Bureau of Land Management, Colorado State Office, 2850 
Youngfield Street, Lakewood, Colorado 80215.
    Personal or messenger delivery: 2850 Youngfield Street, Lakewood, 
Colorado 80215.
    Internet email: [email protected].

FOR FURTHER INFORMATION CONTACT: Special Agent in Charge, John Silence 
at (303) 239-3803.
    Public Comment Procedures: Please submit your comments on issues 
related to the proposed supplementary rules, in writing, according to 
the ADDRESSES section above. Comments on the proposed supplementary 
rules should be specific, should be confined to issues pertinent to the 
proposed supplementary rules, and should explain the reason for any 
recommended change. When possible, your comments should reference the 
specific section or paragraph of the proposal that you are addressing.
    BLM may not necessarily consider or include in the Administrative 
Record for the final rule comments that BLM receives after the close of 
the comment period or comments delivered to an address other than those 
listed above.
    BLM will make your comments, including your name and address, 
available for public review at the Colorado State Office address listed 
in ADDRESSES, above, during regular business hours (9 a.m. to 4 p.m., 
Monday through Friday, except Federal holidays). Under certain 
conditions, BLM can keep your personal information confidential. You 
must prominently state your request for confidentiality at the 
beginning of your comment. You may include reasons for your request. 
BLM will consider withholding your name, street address, and other 
identifying information on a case-by-case basis to the extent allowed 
by law. BLM will make available to the public all submissions from 
organizations and businesses and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses.

SUPPLEMENTARY INFORMATION:

I. Discussion of the Supplementary Rules

    These supplementary rules will apply to all the public lands within 
the State of Colorado. In keeping with the BLM's performance goal to 
reduce threats to public health, safety, and property, these 
supplementary rules are necessary to protect the natural resources and 
to provide for safe public recreation and public health; to reduce the 
potential for damage to the environment; and to enhance the safety of 
visitors and neighboring residents. Alcohol-related offenses are a 
growing problem on the public lands. Unlawful consumption of alcohol 
and drugs, and abuses of alcohol and drugs, such as driving while under 
the influence, pose a significant health and safety hazard to all users 
and uses of the public lands and can result in the destruction of 
natural resources and property, and/or cause physical injury/death. In 
addition, drug-related offenses, including the possession of drug 
paraphernalia, result in the legitimization and encouragement of the 
illegal use of controlled substances by making the drug culture more 
visible and enticing. Further, the ready availability of drug 
paraphernalia tends to promote, suggest, or increase the public 
acceptability of the illegal use of controlled substances. In keeping 
with BLM's policy regarding the reduction of illegal use of controlled 
substances on public lands, and due to undesirable impacts on the 
public lands, the greatest of which is the threat to visitor safety and 
the safety of BLM employees, the BLM Colorado Law Enforcement Program 
will continue aggressive pursuit of ways to eliminate the possession, 
use, manufacturing, and trafficking of controlled substances, as well 
as the use and availability of drug paraphernalia on public lands, and 
will seek prosecution of those persons responsible for such activity. 
These supplementary rules will allow BLM Law Enforcement Officers to 
enforce on public lands regulations pertaining to Alcohol and Drug laws 
in a manner patterning current State of Colorado State laws as 
contained in the Colorado Revised Statutes in an effort to further the 
working relationship and partnerships formed with numerous Sheriff's 
Departments throughout Colorado and the Colorado State Patrol.

II. Procedural Information

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. These supplementary rules will not have an 
effect of $100 million or more on the economy. They are directed at 
preventing unlawful personal behavior on public lands, for purposes of 
protecting public health and safety. They will not adversely affect, in 
a material way, the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities. These interim final supplementary rules 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The supplementary rules do 
not alter the budgetary effects of entitlements, grants, user fees, or 
loan programs or the right or obligations of their recipients; nor do 
they raise novel legal or policy issues. The supplementary rules merely 
enable BLM law enforcement personnel to enforce regulations pertaining 
to unlawful possession/use of alcohol and drugs in a manner patterning 
current State of Colorado laws, as contained in the Colorado Revised 
Statutes, where appropriate on public lands.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We

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invite your comments on how to make these interim final supplementary 
rules easier to understand, including answers to questions such as the 
following:
    (1) Are the requirements in the proposed supplementary rules 
clearly stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce their clarity?
    (4) Would the proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (5) Is the description of the interim final supplementary rules in 
the SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the interim final supplementary rules? How could this 
description be more helpful in making the supplementary rules easier to 
understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the interim final supplementary rules would not constitute a major 
Federal action significantly affecting the quality of the human 
environment under section 102(2)(C) of the Environmental Protection Act 
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The proposed supplementary rules 
will enable BLM law enforcement personnel to cite persons for unlawful 
possession/use of alcohol or drugs on public lands for the purpose of 
protecting public health and safety. BLM has placed the EA and the 
Finding of No Significant Impact (FONSI) on file in the BLM 
Administrative Record at the address specified in the ADDRESSES 
section. BLM invites the public to review these documents and suggests 
that anyone wishing to submit comments in response to the EA and FONSI 
do so in accordance with the Written Comments section, above.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, (RFA) to ensure that Government regulations 
do not unnecessarily or disproportionately burden small entities. The 
RFA requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The proposed supplementary rules 
do not pertain specifically to commercial or governmental entities of 
any size, but contain rules to protect the health and safety of 
individuals, property, and resources on the public lands. Therefore, 
BLM has determined under the RFA that these proposed supplementary 
rules would not have a significant economic impact on a substantial 
number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules pertain only 
to individuals who may wish to use alcohol or drugs on the public 
lands. In this respect, the regulation of such use is necessary to 
protect the public lands and facilities and those, including small 
business concessioners and outfitters, who use them. The supplementary 
rules have no effect on business, commercial or industrial use of the 
public lands.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on state, local, or tribal governments or the private sector of 
more than $100 million per year; nor do these interim final 
supplementary rules have a significant or unique effect on state, 
local, or tribal governments or the private sector. The supplementary 
rules do not require anything of state, local, or tribal governments. 
Therefore, BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.)

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The supplementary rules do not address property rights in any 
form, and do not cause the impairment of anyone's property rights. 
Therefore, the Department of the Interior has determined that the 
supplementary rules would not cause a taking of private property or 
require further discussion of takings implications under this Executive 
Order.

Executive Order 13132, Federalism

    The proposed supplementary rules will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The 
supplementary rules apply in only one state, Colorado, and do not 
address jurisdictional issues involving the Colorado State government. 
Therefore, in accordance with Executive Order 13132, BLM has determined 
that these proposed supplementary rules do not have sufficient 
Federalism implications to warrant preparation of a Federalism 
Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, Colorado State Office of BLM has 
determined that these proposed supplementary rules would not unduly 
burden the judicial system and that they meet the requirements of 
sections 3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et 
seq.

Author

    The principal author of this supplementary rules is Special Agent 
David Moore of the Colorado State Office, BLM, assisted by Ted Hudson 
of the Regulatory Affairs Group, Washington Office, BLM.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Colorado State Director, Bureau of Land 
Management, issues supplementary rules for public lands in Colorado, to 
read as follows:

    Dated: July 1, 2002.
Ann Morgan,
State Director, Colorado.

Supplementary Rules on Possession and Use of Drugs and Alcohol on 
Public Lands

    The Colorado State Office issues these supplementary rules under 
the Federal Land Policy and Management Act (FLPMA) 43 U.S.C. 1740 and 
43 CFR 8365.1-6. Enforcement authority for these supplementary rules is 
found in FLPMA, 43 U.S.C. 1733.

A. Unlawful Possession, and/or Consumption of an Ethyl Alcohol Beverage

1. Definitions
    a. As defined in Colorado Revised Statutes Title 18, Article 13, 
Section 122 (1)(b); ``Etyhl alcohol'' means any

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substance which is or contains ethyl alcohol.
    b. ``Possession of ethyl alcohol'' means that a person has or holds 
any amount of ethyl alcohol anywhere on his person, or that a person 
owns or has custody of ethyl alcohol, or has ethyl alcohol within his 
immediate presence or control.
3. Prohibited Acts
    a. If you are under 21 years of age, you must not purchase, 
possess, or consume any ethyl alcohol beverages or products on public 
lands.
    b. You must not misrepresent your age or the age of any other 
person for the purpose of purchasing or otherwise obtaining any ethyl 
alcohol beverages or products on public lands.
    c. You must not sell, offer to sell, or otherwise furnish or supply 
any ethyl alcohol beverages or products to any person under the age of 
21 years on public lands.

B. Driving Under the Influence of Alcohol and/or a Narcotic or 
Dangerous Drug

1. Definitions
    a. As defined in the Colorado Revised Statutes Title 42, Article 4, 
Section 1301 (1)(f); ``Driving under the influence'' means driving a 
vehicle when a person has consumed alcohol or one or more drugs, or a 
combination of alcohol and one or more drugs, which alcohol alone, or 
one or more drugs alone, or alcohol combined with one or more drugs 
affects the person to a degree that the person is substantially 
incapable, either mentally or physically, or both mentally and 
physically, to exercise clear judgement, sufficient physical control, 
or due care in the safe operation of a vehicle.
    b. As defined in the Colorado Revised Statutes Title 42, Article 4, 
Section 1301 (5)(c): If there was at such time 0.10 or more grams of 
alcohol per one hundred milliliters of blood as shown by analysis of 
such person's blood or if there was at such time 0.10 or more grams of 
alcohol per two hundred ten liters of breath as shown by analysis of 
such person's breath, it shall be presumed that the defendant was under 
the influence of alcohol.
    c. As defined in the Colorado Revised Statutes Title 42, Article 4, 
Section 1301 (1)(g): ``Driving while ability impaired'' means driving a 
vehicle when a person has consumed alcohol or one or more drugs, or a 
combination of both alcohol and one or more drugs, which alcohol alone, 
or one or more drugs alone, or alcohol combined with one or more drugs, 
affects the person to the slightest degree so that the person is less 
able than the person ordinarily would have been, either mentally or 
physically, or both mentally and physically, to exercise clear 
judgment, sufficient physical control, or due care in the safe 
operation of a vehicle.
    d. As defined in the Colorado Revised Statutes Title 42, Article 4, 
Section 1301 (5)(b): If there was at such time in excess of 0.05 but 
less than 0.10 grams of alcohol per one hundred milliliters of blood as 
shown by analysis of such person's blood or if there was at such time 
in excess of 0.05 but less than 0.10 grams of alcohol per two hundred 
ten liters of breath as shown by analysis of such person's breath, such 
fact shall give rise to the presumption that the defendant's ability to 
operate a vehicle was impaired by the consumption of alcohol, and such 
fact may also be considered with other competent evidence in 
determining whether or not the defendant was under the influence of 
alcohol.
2. Prohibited Act
    You must not operate a motor vehicle on public lands while under 
the influence, or while your abilities are impaired as described and 
defined above in items B.1.a-d.

C. Drug Paraphernalia

    You must not possess any drug paraphernalia, as described by 
Colorado Revised Statutes Title 18, Article 18, Section 426, on public 
lands.

D. Penalties

    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), if you violate or fail to comply with any of the provisions 
in sections A., B., and C. of these supplementary rules, you may be 
subject to a fine under 18 U.S.C. 3571 or other penalties under 43 
U.S.C. 1733.

[FR Doc. 02-22398 Filed 8-30-02; 8:45 am]
BILLING CODE 4310-JB-P