[Federal Register: March 30, 2004 (Volume 69, Number 61)]
[Notices]
[Page 16601-16606]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr04-114]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR-056-1220-AA-GP-03-0127]
Final Special Rules for Public Lands Along the Deschutes Wild &
Scenic River Corridor, Deschutes Resource Area, Prineville District, OR
AGENCY: Bureau of Land Management, Interior.
ACTION: Final special rules.
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SUMMARY: The Bureau of Land Management's (BLM) Deschutes Resource Area
is revising its special rules for the Lower Deschutes National Wild and
Scenic River corridor in Oregon. The special rules are necessary to
protect the river's natural resources and the public health and safety.
The revisions in the special rules are needed to resolve
inconsistencies between them and rules of the State of Oregon.
EFFECTIVE DATE: April 29, 2004.
[[Page 16602]]
ADDRESSES: You may send inquiries or suggestions to the following
addresses:
Mail or personal delivery: Bureau of Land Management, Deschutes
Resource Field Manager, Prineville District Office, 3050 NE Third,
Prineville, OR 97754.
FOR FURTHER INFORMATION CONTACT: Robert Towne, Field Manager for the
Deschutes Resource Area, at (541) 416-6700. Persons who use a
telecommunications device for the deaf (TDD) may contact this
individual by calling the Federal Information Relay Service (FIRS) at
(800) 877-8339, 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
I. Area Description
II. Background
III. Discussion of Special Rules
IV. Procedural Matters
I. Area Description
Public lands and waters within the Lower Deschutes River Final
National Wild and Scenic River Boundary, as it appears in the Lower
Deschutes River Management Plan and Environmental Impact Statement,
volume 1, published January 1993 by BLM (this document contains a
complete legal description; copies available from the BLM Prineville
District Office). This area is more generally described as
approximately \1/4\ mile from either side of the Lower Deschutes River,
commencing at Pelton Reregulation Dam and extending downstream to the
Columbia River.
II. Background
In 1970, the lower 100 miles of the Deschutes River were designated
as an Oregon State Scenic Waterway. In 1988, the U.S. Congress
designated this same 100 mile river segment as a National Wild and
Scenic River. Through a management plan approved in 1993, this area is
collectively managed by the Bureau of Land Management, the Bureau of
Indian Affairs/Confederated Tribes of the Warm Springs, and the State
of Oregon. In 1994, pursuant to the management plan, separate rules for
public use were created by the State of Oregon in the form of Oregon
Administrative Rules and by BLM in the form of Special Rules under 43
CFR 8351.2.
Both the state and BLM developed rules independently and in many
particulars they proved inconsistent with each other. Since inception,
both state and Federal rules have undergone multiple revisions to
accommodate changing management needs and objectives. The final special
rules revise the existing Federal rules to match state rules, create
new rules to meet current management objectives, and combine all the
Federal rules, including past revisions, into one document.
The special rules govern conduct on all public lands and waters
managed by BLM within the river corridor described in the notice. The
rules are needed to protect the river's natural resources and the
public health and safety.
III. Discussion of Special Rules
BLM has determined these special rules are necessary to protect the
river's resources and to provide for safe public recreation, public
health, and data collection. The objective is to provide a quality
recreational experience to the general public with minimal user
conflicts and minimum damage to the public lands and resources.
In addition, these rules are in accordance with the Lower Deschutes
River Management Plan and Environmental Impact Statement, dated January
1993.
Exemptions to these rules apply to cooperating agency personnel for
administrative purposes, including but not limited to monitoring,
research, law enforcement, search and rescue, and fire fighting
operations. Exemptions may also be allowed on a case-by-case basis by
BLM.
During the public comment period on the proposed special rules, BLM
received no public comments. Therefore, we are publishing these final
special rules as they were proposed, with a few editorial changes to
correct grammar and improve clarity.
IV. Procedural Matters
The principal author of these special rules is Tom Teaford of the
Prineville District Office, BLM.
Regulatory Planning and Review (E.O. 12866)
These special rules are not significant and are not subject to
review by the Office of Management and Budget under Executive Order
12866.
(1) These special rules will not have an effect of $100 million or
more on the economy. 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.
(2) These special rules will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
(3) These special rules do not alter the budgetary effects or
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients.
(4) These special rules do not raise novel legal or policy issues.
The special rules do not affect legal commercial activity, but
contain rules of conduct for public use of a limited selection of
public lands.
Regulatory Flexibility Act
The Department of the Interior certifies that these special rules
will not have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). The special rules do not affect legal commercial activity, but
govern conduct for public use of a limited selection of public lands.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These special rules are not major under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. These special rules:
Do not have an annual effect on the economy of $100 million or
more. (See the discussion under Regulatory Planning and Review, above.)
Will not cause a major increase in costs or prices for consumers,
individual industries, Federal, state, or local government agencies, or
geographic regions. See the discussion above under Regulatory
Flexibility Act.
Do not have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
These special rules do not impose an unfunded mandate on state,
local, or tribal governments or the private sector of more than $100
million per year. The special rules do not have a significant or unique
effect on state, local, or tribal governments or the private sector.
The special rules will have no effect on governmental or tribal
entities. A statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
In accordance with Executive Order 12630, the special rules do not
have significant takings implications. The enforcement provision in the
proposed special rules do not include any language requiring or
authorizing forfeiture of personal property or any property rights.
E.O. 12630 addresses concerns based on the Fifth Amendment dealing with
private property taken for public use without compensation. The lands
covered by the special rules are public land managed by the Bureau of
[[Page 16603]]
Land Management; therefore no private property is affected. A takings
implications assessment is not required.
Federalism (E.O. 13132)
In accordance with Executive Order 13132, BLM finds that the
special rules do not have sufficient federalism implications to warrant
the preparation of a federalism summary impact statement. The special
rules do not have substantial direct effects 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 special rules do not preempt state law.
Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that these special rules do not unduly burden
the judicial system, and that they meet the requirements of sections
3(a) and 3(b)(2) of the Order.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
In accordance with Executive Order 13175, we have found that these
final special rules do not include policies that have tribal
implications. The special rules do not affect lands held for the
benefit of Indians, Aleuts, and Eskimos.
Paperwork Reduction Act
These special rules do not contain information collection
requirements that the Office of Management and Budget must approve
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
National Environmental Policy Act
These special rules were considered in the Lower Deschutes River
Management Plan and Environmental Impact Statement, published in
January 1993, which is on file and available to the public in the BLM
Administrative Record at the address specified in the ADDRESSES
section. The special rules themselves should not have a significant
effect on the human environment. They are principally rules of conduct
intended to protect human health and safety, to minimize environmental
degradation, and to ensure that use of the river and associated
facilities are properly authorized.
Authority
The authority for these special rules is found in 43 U.S.C. 1733
and 43 CFR 8351.2-1.
Special Rules for Lower Deschutes River Corridor
Under 43 CFR 8351.2-1, the Bureau of Land Management will enforce
the following rules year around within the Lower Deschutes Wild and
Scenic River corridor.
Sec. 1. Definitions
The following definitions will apply to the rules:
Approved portable toilet means any non-biodegradable, rigid,
durable, container designed to receive and hold human waste, in any
container position, without leaking, and equipped with a dumping system
that allows the container to be emptied into a standard receiving or
dump system designed for that purpose, such as a SCAT machine or
recreational vehicle dump station, in a sanitary manner, without
spills, seepage, or human exposure to human waste.
Boat means every watercraft or device used as a means of transport
on the water.
Camping means erecting a tent or shelter of natural or synthetic
material, preparing a sleeping bag or other bedding material for use,
or parking a motor vehicle, trailer, or mooring a boat, for apparent
overnight occupancy.
Designated campsite means a BLM-designated campsite, marked with a
visible number mounted on a post or placard.
Developed area is a site or area that contains structures or
capital improvements primarily used by the public for recreational
purposes. This may include such features as: delineated spaces for
parking, camping or boat launching; sanitary facilities; potable water,
grills or fire rings; tables; or controlled access.
Developed toilet facility is a vault type toilet provided by the
Bureau of Land Management or Oregon State Parks and Recreation
Commission.
Display intent to remain overnight means any off-loading onto the
riverbank, or preparing for use, common overnight camping equipment
such as tents, sleeping bags or bedding, food, cooking or dining
equipment, or lighting equipment, or to prepare common camping
equipment for use in or on any boat.
Excessive noise is any noise which is unreasonable, considering the
location, time of day, impact on river users, or other factors which
govern the conduct of a reasonably prudent person under the
circumstances.
Firearm means a weapon, by whatever name known, designed to expel a
projectile by the action of powder and is readily capable of use as a
weapon.
Fireworks means any combustible or explosive composition or
substance or any combination of any such composition or substances or
any other article prepared for the purpose of providing a visible or
audible effect by combustion, explosion, deflagration or detonation,
and includes blank cartridges, or toy cannons in which explosives are
used, balloons which require fire underneath to propel the same,
firecrackers, torpedoes, skyrockets, Roman candles, bombs, wheels,
colored fires, fountains, mines, serpents, or any other article of like
construction or any article containing any explosive or flammable
compound or any tablets or other device containing any explosive
substance or flammable compound.
Group means any number of persons affiliated together with a common
goal to recreate with each other in activities such as rafting, eating,
camping, or swimming.
Group size limit means the maximum number of persons a group may
have while together within the river corridor, regardless of the number
of persons covered by each boating pass possessed by members of the
group. This limit is intended to avoid resource damage and social
conflicts caused by large groups concentrating in small areas.
Highway means every public way, road, street, thoroughfare and
place, including bridges, viaducts, and other structures within the
boundaries of this state, open, used or intended for use of the general
public for vehicles or vehicular traffic as a matter of right.
Motorboat means any boat propelled in whole or in part by
machinery, including boats temporarily equipped with detachable motors.
Non-designated campsite means a campsite not designated by BLM and
not marked with a visible number.
Obscene means objectionable or offensive to accepted standards of
decency.
Refuse includes but is not limited to wastewater, sewage, litter,
trash, garbage, scraps, remnants of water balloons or clay pigeons, or
other useless or worthless parts of things.
Remain overnight means human presence in the Lower Deschutes River
Corridor on a boat-in basis for any period of time from one hour after
legal sunset to one hour before legal sunrise.
River corridor means those public lands located within the Final
National Wild and Scenic River boundary as described in the Lower
Deschutes River Management Plan and Environmental Impact Statement,
Volume 1, January 1993.
[[Page 16604]]
Vessel means every watercraft or device used as a means of
transport on the water except single inner tubes, air mattresses, and
water toys.
Unoccupied means the absence of human presence between 10 p.m. and
one hour before legal sunrise.
Sec 2. Prohibited Acts
The following are prohibited:
a. Camping
1. Camping outside of a designated campsite in river segments 1, 2,
or 3.
2. Camping for a total period of more than 14 nights during any 28-
night period. The 28-night period will begin the first night the site
is occupied. The 14-night limit may be reached either through a number
of separate visits or through a period of continuous occupation. Once
the 14-night limit is reached in any camping area, the person(s) must
move a distance of not less than 50 linear miles to continue camping on
public lands.
3. Camping in one campsite by non-motorized boat longer than 4
consecutive nights.
4. At the end of a four-night camping stay as described in (a)(3)
above, failing to remove all camping equipment and personal property
and not relocating your camp within \1/4\ mile of the same site for a
period of at least 14 nights.
5. Camping in one campsite by motorized boat longer than 9
consecutive nights between May 15 and October 15.
6. Between May 15 and October 15, whenever motorized boaters vacate
a campsite and it will be unoccupied, failing to remove all camping and
personal property from the area and not relocating within \1/4\ mile of
the same site for a period of at least 14 days.
7. Camping on any river island.
8. Camping in any area posted as closed to camping.
9. Being present in any designated day-use area between 10 p.m. and
one hour before sunrise.
10. Possessing or leaving refuse, debris, or litter in an exposed,
unsightly, or unsanitary condition.
11. Leaving camping equipment, personal property, site alterations,
or refuse after departing any campsite or in any vacant campsite.
12. Failing to pay camping fees within 30 minutes of occupying a
fee campsite.
13. Installing permanent camping facilities.
14. Failing to meet the minimum or exceeding the maximum number of
persons and/or vehicles allowed for a campsite.
15. Paying for or placing camping equipment or other personal
property in/at/near a campsite, which is not to be occupied by that
same person, for the purpose of holding or reserving the campsite site
for later occupation by another person(s).
16. Moving any table, stove, barrier, litter receptacle, or other
campground equipment.
17. Digging or leveling the ground at any campsite.
18. Failing to contain all group and personal equipment within a
campsite.
b. Fires
1. Between June 1 and October 15:
i. Building, igniting, maintaining, using, tending, or being within
20 feet of: a campfire, charcoal fire, or any other type of open flame.
Exception: You may use commercially manufactured metal camp stoves and
shielded lanterns when fueled with bottled propane or liquid fuel and
operated in a responsible manner.
ii. Smoking except in non-public buildings, closed vehicles, while
in boats on the water, or while standing in the water.
2. Between October 16 and May 31:
i. Building, igniting, maintaining, using, tending, or being within
20 feet of: a campfire unless it is contained in a metal fire pan or
similar metal container with sides measuring at least 2'' in height and
prevents ashes or burning material from spilling onto the ground and is
elevated above the ground.
ii. Exception: BLM-provided metal campfire rings may be used in
lieu of a fire pan.
3. Leaving a fire unattended or without completely extinguishing
it.
4. Burning or attempting to burn non-combustible items such as tin,
aluminum, or glass.
5. Discarding lighted or smoldering material, or lighting, tending,
or using a fire, stove or lantern in such a manner that threatens,
causes damage to, or results in the burning of property or resources,
or creates a public safety hazard.
6. Using or possessing fireworks.
7. Failing to observe any fire prevention order or regulation
issued by the Bureau of Land Management.
8. Gathering or burning any living, dead, or down vegetation
gathered within the river corridor.
c. Sanitation and Refuse
1. For members of overnight boating groups that remain, intend to
remain, or display intent to remain overnight within the river
corridor, failing to carry an approved portable toilet. Except: This
requirement shall not apply to overnight kayak trips entirely self-
contained (not supported by a gear boat) or overnight hikers or bikers.
2. When boating within the river corridor on an overnight basis,
failing to use either an approved portable toilet or developed toilet
facility for all solid human waste. Exception: This requirement shall
not apply to overnight kayak trips entirely self-contained, or
overnight hikers or bikers.
3. For all persons who remain, intend to remain, or display intent
to remain overnight, failing to set up an approved portable toilet,
ready for use, as soon as practical upon landing at the campsite to be
occupied.
4. Leaving, depositing, or scattering human waste, toilet paper, or
items used as toilet paper anywhere except in an approved portable
toilet or developed toilet facility.
5. Where a developed toilet facility is not provided and an
approved portable toilet is not required, and the situation makes it
impractical to use an approved portable toilet, failing to bury all
human waste and toilet paper, or material used as toilet paper, at
least six inches below the surface of the ground in natural soil and at
least fifty feet from the edge of the river or any other water source.
6. Burying or abandoning or burning refuse.
7. Failing to use developed toilet facilities provided at public
recreation sites.
8. Emptying an approved portable toilet into a developed toilet
facility, or any other facility not developed and identified especially
for that purpose.
9. Disposing of refuse in other than refuse receptacles provided
for that purpose.
10. Depositing non-biodegradable refuse in the vault of a developed
toilet facility.
11. Depositing household, landscaping, commercial, or industrial
refuse brought in as such from non-government property into government-
provided refuse receptacles.
12. Allowing any refuse to drain from any vehicle or structure
constructed for movement on highways except through a sealed connection
and into a suitable container which prevents human contact with the
contents.
13. Washing dishes or using soap in the river or any tributaries.
d. Firearms/Weapons
1. Discharging a firearm from the 3rd Saturday in May through
August 31, except during authorized hunting seasons.
2. Discharging a firearm at any time within a developed area, or
within 150 yards of a residence, building,
[[Page 16605]]
developed recreation site, or occupied area.
3. Discharging a firearm at any time into or from within any area
posted as a no shooting or safety zone.
4. Carrying, possessing, or discharging a firearm or other weapon
in violation of Oregon State law.
e. Disorderly Conduct
1. With the intent to cause public alarm, nuisance, jeopardy, or
violence, or knowingly or recklessly committing a risk thereof,
committing any of the following acts:
i. Engaging in fighting, threatening, or violent behavior, or
ii. Using language, an utterance or gesture, or engaging in a
display or act that is lewd or obscene, physically threatening, or
menacing, or done in a manner likely to inflict injury or incite an
immediate breach of the peace, or
iii. Making excessive noise, or
iv. Creating or maintaining a hazardous or physically offensive
condition that causes personal or public alarm, nuisance, jeopardy or
violence by possessing, using, or operating any water projectile
device, including but not limited to hydro sticks, or water balloons/
water balloon launchers, spud guns, air rifles, or
v. Using motorized/mechanized water cannons, or
vi. Creating excessive noise by voice, generators, amplified music,
or any other means from 10 p.m. to 7 a.m., or
vii. Rolling any stone or other object that endangers or threatens
the public, property, or wildlife.
f. Vehicles
1. Parking a vehicle in such a manner as to impede or obstruct the
normal flow of traffic, or create a hazardous condition.
2. Failing to obey posted parking closures or restrictions.
3. Exceeding posted speed limits.
4. Traveling or parking off of designated roads, parking areas or
launch sites.
5. Operating any motor vehicle in violation of any Oregon State law
or regulation.
6. Operating any motor vehicle without a valid state driver's
license and current vehicle registration.
7. Operating a vehicle with a seating capacity greater than 24
passengers (each seat to hold no more than 2 persons) and 1 driver and/
or a total vehicle length greater than 28 feet.
8. Riding or allowing anyone to ride in or on top of a boat being
carried by a motor vehicle. Exceptions: (1) A person(s) may ride within
a single boat that is secured to the bed of a pickup truck by ropes or
straps and the boat is contained within the pickup siderails; (2) A
person(s) may also ride within a single boat which is likewise secured
to the bed of a flatbed motor vehicle.
9. Operating any vehicle or combination of vehicles or load thereon
which is wider than 8 feet 6 inches except as under a variance permit
or other exemption as authorized by state law.
10. Riding or allowing anyone to ride on the exterior part of a
motor vehicle.
11. Operating a vehicle or combination of vehicles when the overall
height, including the load, is greater than 14 feet.
12. Operating a vehicle with a load which is unsecured, unsafe, or
otherwise presents a hazard to the public.
g. Other Acts
1. Defacing, disturbing, removing, or destroying any personal
property, or structures, or any scientific, cultural, archaeological,
or historic resource, or natural object or thing.
2. Defacing, removing, or destroying plants or their parts, soil,
rocks or minerals.
3. Abandoning property.
4. Leaving property unattended for longer than 24 hours.
5. Destroying, injuring, defacing, or damaging U.S. Government
property.
6. Failing to exhibit required permits or identification when
requested by a BLM authorized officer or representative.
7. Selling, offering for sale, or promoting any services or
merchandise or conducting any kind of business enterprise on public
land or waters without a BLM permit.
8. Failing to possess a BLM Special Recreation Permit for
commercial use as defined in 43 CFR 8372.0-5.
9. Failing to restrain an animal on a leash not longer than 6 feet
and secured to a fixed object or a person, or otherwise physically
restricted at all times except when hunting.
10. Allowing a pet to make noise that is unreasonable considering
location, time of day or night, impact on public land users, and other
relevant factors or that frightens wildlife by barking, howling, or
making other noise.
11. Failing to remove pet waste.
12. Leaving an animal unattended in an unsafe location or
situation.
13. Operating an aircraft in violation of FAA rules and
regulations.
14. Landing an aircraft without authorization when required.
15. Taking, attempting to take, or possessing any fish or wildlife
in violation of any Oregon State law or regulation.
16. Participating in an unauthorized event or activity.
17. Allowing livestock to graze in any area or at any time when
grazing is prohibited.
18. Violation by commercial permittee or their employee of any
stipulations outlined in the Guidelines for Commercial Use of Rivers in
the Prineville District.
19. Allowing a group to exceed the group size limit of 16 people in
river segments 1, 3, and 4, and 24 people in segment 2.
h. Boating
1. Failing to possess a Deschutes River boater's pass as required
by Oregon State Parks and Recreation Commission.
2. Operating any motor-driven boat in any area posted or designated
as closed to such use.
3. Operating any boat or vessel in such manner as to create a
hazardous or unsafe condition.
4. Operating any personal watercraft, including but not limited to
jet skis, wet bikes, wave runners, and wet jets from Heritage Landing
boat ramp upstream.
5. Operating a motor-driven boat with more than seven people,
including the operator, on board.
6. Making more than two round trips per day in a motor-driven boat.
7. While operating a boat, stopping along or tying up to the
riverbank, except in an emergency, within the Rattlesnake-Moody Rapids
pass through zone. This zone extends from the upstream end of
Rattlesnake Rapids at about river mile 2.5 to the no wake zone at the
downstream end of Moody Rapids at about river mile .5.
8. Swimming or floating with or without a flotation device and/or
using inner tubes, float tubes, boogie boards, surf boards, and other
similar water toys used for the transport of persons or property in the
Deschutes River channel in Moody Rapids on those days when power boats
are allowed, except as provided below. This prohibition is in effect
from the upstream end of Moody Rapids down river to the downstream side
of Moody Rapids channel marker from legal sunrise to legal sunset when
power boats are allowed by the Oregon State Marine Board. Anglers using
float tubes may cross the Moody Rapids channel during these times
provided they do so in the most direct route possible. Float tube
anglers crossing the Moody Rapids channel shall look out for and give
right of way to any motorized boat, which is in Moody Rapids channel or
about to enter the rapids from downstream or upstream, or in any event
when motorboats are
[[Page 16606]]
approaching close enough to create a hazard.
9. Exceeding Oregon State noise standards for motorboats.
10. Violating any Oregon State Marine Board Regulation.
11. Failing to complete boater registration when requested to do so
by agency personnel.
12. Launching or taking out watercraft in an area designated as
closed to this activity.
13. Securing any person(s), inner tube, float tube, boogie board,
surf board, or other similar water toys used for transport of persons
or property, or in or on the waters of the Deschutes River, to the
river bank or to any tree, fixed object, or anchoring device on lands
adjacent to the river bank or to any such object or device within the
boundaries of the river and river banks of the Deschutes River by any
cable, rope, line, bungee cord, or other means except to secure boats
to the river bank as a normal and recognized necessity. No person shall
hold on to any such line or to any device secured to such line in order
to ride or be transported into any channel of the Deschutes River.
14. Securing any cable, rope, line, or bungee cord or any device
across the river except as necessary for rescue and/or salvage
operations and other necessary uses upon consent of the managing
agencies of the Confederated Tribes of the Warm Springs, Oregon Parks
and Recreation Department, Bureau of Land Management, and Oregon State
Police. Exception: the cables presently in place across the Deschutes
River at Dant, the upstream area (approximately river mile 52) of the
City of Maupin, and the flow station cable car crossing upstream from
Deschutes State Park are exempt from these special rules.
i. Alcoholic Beverages and Controlled Substances
1. Violating any prohibitions relating to liquor as found in the
Oregon Criminal Code, Title 37, Chapter 471.
2. Committing any open container violation as found in the Oregon
Vehicle Code 811.170.
3. No person under the influence of intoxicating liquor or
controlled substance shall operate, propel, or be in actual physical
control of a boat upon the water. Not less than .08 percent by weight
of alcohol in a person's blood constitutes being under the influence of
intoxicating liquor.
4. No owner of a boat or person in charge or in control of a boat
shall authorize or knowingly permit a boat to be propelled or operated
upon the water by any person who is under the influence of intoxicating
liquor or a controlled substance.
5. Operating or being in actual physical control of a motor vehicle
is prohibited while the operator:
i. Is under the influence of alcohol, or a drug, or drugs, or
inhalant, or any combination thereof, to a degree that renders the
operator incapable of safe operation; or
ii. Has .08 percent or more by weight of alcohol in the blood of
the operator.
6. The provisions in paragraphs (i)(3), (i)(5)(i), and (i)(5)(ii)
above also apply to an operator who is or has been legally entitled to
use alcohol or another drug.
7. Cultivating, manufacturing, delivering, or trafficking a
controlled substance, as defined in 21 U.S.C. 802(6) and 812 and 21 CFR
1308.11-1308.15, except when distribution is made by a licensed
practitioner in accordance with applicable law. For the purposes of
this paragraph, delivery means the actual, attempted or constructive
transfer of a controlled substance whether or not there exists an
agency relationship; or
8. Possessing a controlled substance, as defined in 21 U.S.C.
802(6) and 812 and 21 CFR 1308.11-1308.15, unless such substance was
obtained, either directly or pursuant to a valid prescription or order
of as otherwise allowed by Federal or State law, by the possessor from
a licensed practitioner acting in the course of professional practice.
j. Interfering With Agency Functions
1. Threatening, resisting, intimidating, or intentionally
interfering with a government employee volunteer, or agent engaged in
an official duty, or on account of the performance of an official duty.
2. Violating the lawful order of a government employee or agent
authorized to maintain order and control public access and movement
during fire fighting operations, search and rescue operations, wildlife
management operations involving animals which pose a threat to public
safety, law enforcement actions, and emergency operations that involve
a threat to public safety or public land resources, or other activities
where the control of public movement and activities is necessary to
maintain order and public safety.
3. Knowingly giving a false or fictitious report or other false
information:
i. To an authorized person investigating an accident or violation
of law or regulation, or
ii. On application for a permit.
4. Knowingly giving a false report for the purposes of misleading a
government employee or agent in the conduct of official duties, or
making a false report that causes a response by the United States to a
fictitious event.
Sec. 3. Penalties
On public lands, under 43 CFR 8351.2-1, any person who violates any
of these special rules may be tried before a United States Magistrate
and fined up to $500 or imprisoned for up to 6 months, or both. Such
violations may also be subject to the enhanced fines provided for by 18
U.S.C. 3571.
Marci L. Todd,
Acting District Manager, Prineville District.
[FR Doc. 04-6994 Filed 3-29-04; 8:45 am]
BILLING CODE 4310-33-P