[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Notices]
[Pages 1858-1860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-679]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-913-1630-PD]


Notice of Final 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: Final supplementary rules for public land within the State of 
Colorado.

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SUMMARY: The Bureau of Land Management (BLM) is publishing 
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.

EFFECTIVE DATE: February 13, 2003.

ADDRESSES: You may send inquiries or suggestions to Bureau of Land 
Management, Colorado State Office, 2850 Youngfield Street, Lakewood, 
Colorado 80215.

FOR FURTHER INFORMATION CONTACT: Special Agent in Charge, John Silence 
at (303) 239-3803.

SUPPLEMENTARY INFORMATION:

I. Discussion of the Supplementary Rules

    These supplementary rules 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 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. Discussion of Public Comments

    We received one comment on the proposed supplementary rules. This 
comment supported the proposed supplementary rules without change. 
Therefore, we are publishing the final supplementary rules without 
substantive changes.

III. 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

[[Page 1859]]

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.

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 final 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 final 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 final 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 final 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 final 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 final supplementary rules do not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with E.O. 13175, we have found that these final 
supplementary rules do not include policies that have tribal 
implications. Since the rules do not change BLM policy and do not 
involve Indian reservation lands or resources, we have determined that 
the government-to-government relationships should remain unaffected. 
The supplementary rules only prohibit the use of alcoholic beverages 
and illegal drugs on public lands.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, Colorado State Office of BLM has 
determined that these final 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 final 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.

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 final 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.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These final supplementary rules do not comprise a significant 
energy action. The rules will not have an adverse effect on energy 
supplies, production, or consumption. They only addresses use of 
alcoholic beverages and drugs on public lands, and have no conceivable 
connection with energy policy.

Author

    The principal author of these 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.

[[Page 1860]]

    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:

Douglas M. Koza,
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 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. 03-679 Filed 1-13-03; 8:45 am]
BILLING CODE 4310-JB-P