Superintendent's Compendium

Digital Signature of Susan Cook

NPS

National Park Service
U.S. Department of the Interior
Niobrara National Scenic River
214 W. U.S. Hwy 20 Valentine, NE 69201
402-376-1901 phone

Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority

Approved:
/s/ Susan J. Cook, Superintendent Date: April 3, 2024

 

A. Introduction

Superintendent’s Compendium Described

 

The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR).  It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park.  The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.

The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park.  Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks.  Each of these Parts has many sections and subsections articulating specific provisions.  Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities.  The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park.  This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.

A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption.  This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.

A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: www.gpo.gov
OR
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 
15250-7954

The CFR is also available on the internet at: www.ecfr.gov.

Laws and Policies Allowing the Superintendent to Develop This Compendium

 

On December 2014, H.R. 1068 was signed into law (P.L. 113-287), which codifies National Park Law under the new Title 54.  This bill repealed several previous laws, including the NPS Organic Act; is now found at 54 U.S.C. 100301.

The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) 100101 et.seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations”  In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”  (54 U.S.C. 100751).

In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS.  Through the General Authorities Act of 1970 (54 U.S.C. 100101), Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.

In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all people of the United States.”

54 U.S.C. 100102 defines the National Park System as ”any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”

In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006).  The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders.  As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience.  The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another.  The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate.  Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.

Consistency of This Compendium with Applicable Federal Law and Requirements

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866.  In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.

The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.

Development of the Requirements of the Superintendent’s Compendium

As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area.  The requirements of the Superintendent’s Compendium are developed through an analysis and determination process.  The decision criteria used during this process are:

 

• Is the use or activity consistent with the NPS Organic Act and NPS policy?

• Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?

• Will the use or activity damage the park’s protected natural and cultural resources and other protected values?

• Will the use or activity disturb or conflict with wildlife, vegetation, and environmental protection actions and values?

• Will the use or activity conflict with or be incompatible with traditional park uses and activities?

• Will the use or activity compromise employee or public safety?

Applicability of the Compendium

 

The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park.  This includes all waters subject to the jurisdiction of the United States, including all navigable waters.

Enforcement of Compendium Requirements

 

NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.

Penalties for Not Adhering to the Compendium Requirements

 

A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings.  You may receive a list of fines associated with any provision by contacting the Chief Ranger at the park address found below.

Comments on the Compendium

 

The Compendium is reviewed annually and revised as necessary.  The park welcomes comments about its program and activities at any time.Written comments on the Compendium may be submitted to:
Superintendent
Niobrara National Scenic River
214 West Highway 20
Valentine, NE 69201

Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period up to one year.

Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.

Availability

 

Copies of the Compendium are available at 214 West Highway 20, Valentine, NE 69201 or online. 

 

B. SUPERINTENDENT’S COMPENDIUM

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 United States Code, Section 100751, the following provisions apply to waters administered by and lands owned or administered by the National Park Service (NPS), within the boundaries of Niobrara National Scenic River. Note: These do not apply to lands within the boundary of the Niobrara National Scenic River managed by private individuals or organizations, or other state or federal agencies. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7. 

 

 

 

36 CFR §1.5 VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

Visiting Hours:

Niobrara National Scenic River Headquarters/Visitor Center – located at 214 W. Hwy 20 in Valentine, Nebraska. The facility is open daily from 8:30 AM to 4:30 PM, Memorial Day through Labor Day and Monday-Friday 8:30 AM to 4:30 PM Labor Day weekend through Memorial Day weekend. Closed all federal holidays October-April.  The following restrictions and/or conditions are in effect for the specific uses or activities noted for those portions of the Niobrara River extending from the eastern boundary of Fort Niobrara National Wildlife Refuge downstream to the Norden Bridge:

Closures:

Geo-caching

• Park visitors participating in the practice of geo-caching are restricted to using “virtual” caches only. Virtual caches consist of providing GPS coordinates to existing points of interest, such as a geologic or cultural feature, wayside exhibit, or another object. Virtual caches do not involve a physical cache. Any other form of caching is prohibited

Unmanned Aircraft (Drones)

• Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Niobrara National Scenic is prohibited except as approved in writing by the Superintendent.

  • Definition: Unmanned Aircraft (UA) - The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce.

  • The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Niobrara National Scenic River will conflict with, or impact, a variety of park uses including visitor experience.

E-bikes

• Use of an e-bike.  The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).

E-bikes are allowed in Niobrara National Scenic River where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).Except as specified in this Compendium, the use of an e-bike within Niobrara National Scenic River is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited

Filming/Video

 

The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:

• Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary, to:

• maintain public health and safety;

• protect environmental or scenic values;

• protect natural or cultural resources;

• allow for equitable allocation and use of facilities; or

• avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.The following are prohibited:(1) Engaging in a filming activity without providing advance notice to the Superintendent when required.(2) Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.(3) Violating a term and condition of a permit issued under this action.Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

For more information please visit the NPS Filming & Still Photography Permit Page.

Limitations:

Tying Vessels Together (10 Tube Limit)

• Connecting vessels together while underway. The practice of fastening together vessels while adrift is limited to a maximum group size of ten (10) people. Examples of maximum vessel configurations include ten (10) individual person tubes, or three (3) giant tubes (tubes greater than 6 feet in diameter), or combination thereof.  Individual watercraft and inflatable rafts designed to safely transport more than 10 passengers are permitted, but may not be secured to any other vessel while underway, with the exception that one cooler (non-passenger) tube may be tied to inflatable rafts. No more than five (5) canoes and/or kayaks may be fastened together while afloat. A maximum of three cooler tubes may be tied to any flotilla of vessels.

 

II. 36 CFR §1.6–PERMITS

Contact the park for permit information and applications:

Niobrara National Scenic River
Special Use Permits
214 West Highway 20
Valentine, NE, 69201
402-376-1901 phone
402-376-1949 fax


The following is a compilation of those activities on waters administered by and lands owned or administered by the NPS, within the boundaries of Niobrara National Scenic River for which a special use permit from the superintendent is required. These do not apply to lands within the boundary of the Niobrara National Scenic River owned and managed by private individuals, organizations, or other state and federal agencies.
 

Permit Information:

Special regulations, restrictions and fees may apply when applying for a permit. Information regarding permit is available at park headquarters during normal business hours, by phone at [phone], or can be found on the park’s website at www.nps.gov/niob, under Permits and Reservations.

Permits may be denied/terminated based on 36 CFR.6(a), (d), (e), (g)(1), (g)(2), (h)Federal law and agency policy require that certain activities that fall outside the scope of normal visitation be managed through the issuance of a permit. Permits may only be issued if the activity is in keeping with the purpose of the park and will not result in damage to the resource or conflict with other park users.

§2.5(a) Research Specimens

• Removal of plants or wildlife for purposes other than those under legal hunting, fishing or trapping as regulated through Nebraska state laws and regulations.

§2.12 Audio Disturbances:

• (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas; included but not limited to electric generating plant (generator), motor vehicle, motorized toy or an audio device such as a radio, television set, tape deck or musical instrument that exceeds a noise level of 60 decibels.
• (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.

§2.37 Noncommercial Soliciting

§2.50(a) Special Events

• Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressio

(a) Demonstrations. Demonstrations includes picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers.(b1) Small Group permit exception Demonstrations involving 25 persons or less do not require a permit unless:

• The event presents a clear and present danger to public health and safety
• The event takes place outside a designated area
• Structures, stages, platforms, sound systems are used
• The event unreasonably interferes with other permitted demonstrations and special events, or park program activities

(c2) Designated Areas. All demonstrations will be held in the following designated area:

• Park Visitor Center Parking Lot near the flagpole

§2.52(b) Sale or Distribution of Printed Matter

• Printed matter is message-bearing material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. Other message-bearing items include: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers.
• Sale or distribution of printed matter and the free distribution of other message bearing items without asking for or demanding payment or donation must take place in designated areas and the small group permit exception applies (see demonstrations §2.51 (b1) and (c2)).

§2.62 Memorialization:

(b) Scattering ashes from human cremation

§5.1 Advertisements - (Display, posting or distribution.)

§5.2(b) Sale of intoxicants on private lands (within Legislative Park Boundaries)

• Must also conform with all applicable Federal, State, and local laws and regulations.

 

III. GENERAL REGULATIONS

36 CFR 1.5 Closures-

Motorized vessels- Are profited on the Niobrara National Scenic River. The closure is instated due to the inherently dangerous conditions. Niobrara is a shallow river, with submerged rocks and sandbars along majority of the river. Niobrara is a narrow river making navigating difficult with large groups of tubers and canoe crowds. Additionally, there are no designated motorized vessel boat ramps to unload and load.

36 CFR § 1.7(b) – PUBLIC NOTICE

Closed Circuit Television Policy: The National Park Service’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public Park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help insure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and safety resources; help facilitate the protection of the innocent and the apprehension and prosecution of criminals.

This policy does not restrict the official use of CCTV in government administrative areas including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of Mobile Audi/Video Recording Equipment (MVAR) in patrol vehicles driven by commissioned rangers; that use is addressed by other policy documents.

36 CFR §2.2 – WILDLIFE PROTECTION

(b)(4) Hunting and trapping is authorized and activities shall be conducted in accordance with federal and state laws.(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

• In accordance with federal and state law.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

• Wildlife viewing or hunting with any type of artificial light (including laser sights for bow or firearm) is prohibited in the park, except while shooting raccoon, fox or an unprotected species at the point of kill while hunting on foot in accordance with applicable state laws.

36 CFR §2.3 – FISHING

(d)(2) Possession or use of live or dead minnows or other bait fish, amphibian, non-preserved fish eggs or roe is permitted in the following fresh water areas:

• The use of non-native bait is permitted in accordance with applicable Federal, state and tribal laws and regulations.
• The dumping or release of live bait into the Niobrara River is prohibited.
• The use of live crayfish as bait on the Niobrara River is prohibited.

36 CFR §2.4 –WEAPONS, TRAPS, AND NETS

(h)  Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law. This authority does not extend to Federal facilities that are leased by the National Park Service (18 U.S.C. 930(a)).

Federal facilities include:

• Niobrara National Scenic River Headquarters and Visitor Center

36 CFR §2.14 – SANITATION and REFUSE

(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is allowed under the following conditions:

• All refuse will be removed from the park, by park users in accordance with the park's carry in, carry out policy. Leaving of refuse in the park is prohibited.

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets:

• Pets are allowed in the park as long as they are on a leash no longer than six feet in length.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

• Persons in the park must promptly dispose of all pet excrement. Excrement must be gathered up and removed from the park.

36 CFR §2.21 – SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:

• Smoking in any park owned or leased building, vehicle, vessel, or shared government residence is prohibited.

• Smoking on park land during posted fire bans is prohibited.

36 CFR §3.7 – PERSONAL FLOATATION DEVICE

(b) Personal Flotation Device Required

• In addition to all U.S. Coast Guard (USCG) requirements found in Title 33 Code of Federal Regulations part 175, children under the age of 13 are required to wear a USCG approved PFD while on or operating any watercraft on the water, to include self-propelled watercraft such as float tubes, inner tubes, inflatable rafts that one lies on or any homemade device that floats and is used for transportation downstream with the current.

 

Additional Information

Private Lands

The majority of the lands and landings surrounding Niobrara National Scenic River are privately owned. Make sure you have permission to use them. 

Public Landings include Cornell Bridge, Smith Falls, Nichols Landing, and Brewer Bridge. Only Brewer Bridge does not have a fee. 

Jumping and/or Diving into the River

Due to the shallow nature of the river do not jump and/or dive into the river from the following:

• Trees 

• Vertical Cliff

• Bridge or other structure

• Rope Swings
   

Please note that the majority of the lands surrounding the river are privately owned

Camping

Camp only in designated areas.

er 1985 Att’y Gen. Op. No. 55.  The public may not utilize those riparian lands below the high water line for the purpose of hunting, fishing, boating and other recreation activities without the permission of the landowner except to portage or otherwise transport a non-powered vessel around a fence or obstruction in the river. Nebraska property adjoining the Missouri River is not affected by Iowa’s grant of public access to the banks to the high water mark.