National Park Service
U.S. Department of the Interior
Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
Scotts Bluff National Monument
190276 Old Oregon Trail
PO Box 27
Gering, NE 69341 (308) 436-9700 phone
Approved: 03/22/2024 Brittany B. Salapek, Acting Superintendent
A. INTRODUCTION
1. 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.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulationsgoverning the use and enjoyment of all the areas of the National Park System.
2. Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) 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.”
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, 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 further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”
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, than that Superintendent is obliged to place limitations on public use.
3. 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.
4. 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 there 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 be in 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?
5. 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.
6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United States Code, 36 CFR, and this Superintendent’s Compendium.
7. 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 particular provision by contacting the Chief Ranger at the park address found below.
8. 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
Scotts Bluff National Monument
PO Box 27
Gering, NE 69341
9. 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.
10. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
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 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Scotts Bluff National Monument. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.
I. General Provisions
36 CFR §1.5-VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
1.5(a}(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:
Visiting Hours
•Operating hours for vehicular traffic on the Summit Road and visitor center vary seasonally with hours posted on the park website: www.nps.gov/scbl/planyourvisit/hours.htm
•The Scotts Bluff National Monument Visitor Center and Summit Road are closed on Thanksgiving, Christmas Day and New Year's Day.
• All Park grounds and facilities are closed from sunset to sunrise.
Reason for Determination: Safety is a main concern at Scotts Bluff National Monument. After dark, the lack of light might foster an unsafe environment due to vertical exposure and unstable cliff faces and the nocturnal activity of prairie rattlesnakes.
Public Use Limits
The Summit Road is closed from the visitor center to the Summit Parking Lot for motor vehicle drawn trailers and recreational vehicles longer than 25 feet and/or taller than 11 feet 7 inches.
Reason for determination: The United States Department of Transportation, National Park Service and the Nebraska Department of Roads have established road restrictions that apply to the Summit Road which prohibits motordrawn trailers and recreational vehicles longer than 25 feet or higher than 11 feet 7 inches from driving the road. The Summit Road access is restricted due to low clearance and curved tunnels, narrow traffic lanes and having no road shoulder.
Commercial and non-commercial buses longer than 25 feet and/or taller than 11 feet 7 inches are required to be escorted by national park service personnel to and from the summit.
Reason for determination: Under the discretion of the National Park Service, commercial and non-commercial buses may be allowed to drive to the summit provided the road is closed to vehicular traffic, the bus drives through the middle of all three tunnels and the bus is escorted by a park employee up and down the Summit Road.
Segways® and motorized scooters, as defined by 36 CFR 1.4 are motor vehicles. Pursuant to 36 CFR 1.5(e) and 4.10(a), the park has imposed a restriction on all use of Segways® and motorized scooters from all areas within the park including all park roads, trails, and sidewalks and walkways.
However, any park visitor with a disability is permitted to use a Segway® or motorized scooter in the park, on sidewalks and paved walkways, when such devices are used for the sole purpose of mobility assistance. Use of any mobility assistive devices, as outlined above, must also adhere to the following:
The visitor center is handicap accessible but remains closed to the use of Segways® due to carpet tile floor. "Other Power-Driven Mobility Devices" (OPDMDs) such as motorized wheelchairs and battery operated scooters are allowed for visitors who are physically disabled per the Rehabilitation Act of 1973 (Section 504). This section prohibits discrimination on the basis of disability in federally conducted programs and activities. The park does have a wheelchair to loan and is available upon request.
The administration building is not handicap accessible and not recommended for Segway® use; the park does have a wheelchair to loan and is available upon request.
Segways® and motorized scooters are not allowed on the Saddle Rock Trail or the Summit Trails.
No person under 16 years of age may operate Segway®.
A person shall operate any mobility assistive device in a safe and responsible manner; maximum speed will not exceed more than 8 mph, so as not to endanger one's self or any other park visitor.
A person operating any mobility assistive device upon and along a sidewalk or walkway while crossing a roadway in a crosswalk, or on any other surface shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians.
Reason for determination: Segways® provide a reasonable mobility alternative for those who would otherwise be unable to visit the monument, due to personal mobility limitations. Closure of the Saddle Rock Trail and Summit Trails to Segways® and motorized scooters are due to cliff edges, narrow trail areas and there being no lip or edge to the trails in these locations where considerable drop-offs occur.
Masks (COVID-19)
When the CDC COVID-19 Hospital Admission Level is LOW or MEDIUM in the county or counties where the park is located, individuals are not required to wear masks.
When the CDC COVID-19 Hospital Admission Level is HIGH in the county or counties where the park is located, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
When the CDC COVID-19 Hospital Admission Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.
Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.
Regardless of the COVID-19 Hospital Admission Level, individuals may wear masks is they choose to do so. Where a state, local, tribal, or territorial government where the park located imposes more protective mask-wearing requirements then those indicated by the COVID-19 Hospital Admission Level, individuals must follow those more protective requirements within the park. More protective state, local , tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to federally recognized Indian tribe's regulatory jurisdiction, or territory, regardless of a particular park's jurisdictional status.
Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas.
Reason for determination: The National Park Service (NPS) is committed to providing a safe and enjoyable experience for all visitors as well as employees.
Closed Circuit Television (CCTV)
In accordance with National Park Service Reference Manual 9 (RM-9) for Law Enforcement, notice is hereby given that Scotts Bluff National Monument utilizes Closed Circuit Television (CCTV) security camera monitoring.
The park’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes is 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 monitored by the Law Enforcement Division to help ensure public safety and security. The goal of this program is to facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), 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 an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers (RM-9, 26.1).
Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)
Disclosure and use of any information obtained will be limited to appropriate law enforcement and public safety purposes.
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
Closures:
It is prohibited to travel off the developed trail system on the North Bluff of Scotts Bluff National Monument. (See Appendix A reference areas closed to off trail hiking)
Reason for determination: The safety concerns of an unstable and exposed walking surface; prairie rattlesnakes, protection of the fragile vegetation, and prevention ofaccelerated erosion due to the overall volume of visitation are the basis for the restriction to stay on the North Bluff trails. Off trail hiking is allowed on the South Bluff where visitation is limited and impact to the resource is negligible.
It is prohibited to walk on or climb the following formations: Dome Rock, Eagle Rock, Sentinel Rock, Saddle Rock and Crown Rock.
The unstable, sedimentary rock composition of Dome Rock, Eagle Rock, Sentinel Rock, Saddle Rock and Crown Rock prohibits the rocks to be climbed.
Food and beverages are not allowed in the visitor center and museum.
Reason for determination: The decision to not allow food and beverages in the visitor center and museum has been made to reduce the risk of damage to exhibits, government property and prevent the risk of attracting insects and animals.
Summit Road is closed to pedestrians and bicycle traffic when open to vehicular traffic.
Reason for determination: Pedestrians, bicycles and vehicular traffic cannot safely share the road due to there being no road shoulder in areas such as tunnels and curves.
Motor vehicle traffic and bicycles are prohibited from traveling on the canal roads.
Reason for determination: The canal roads are privately owned by the local canal companies and will need their permission for use.
Bicycles are prohibited on the Oregon/California Trail, Saddle Rock Trail and Summit Trails of Scotts Bluff National Monument.
Reason for determination: These trails were not developed for the intended purpose of bicycle traffic (narrow, elevation, ledges, steps). The Oregon/California Trail is intended to be enjoyed for its historic value rather than recreational value. The Oregon/California Trail segment within the park is an area where upwards of 250,000 emigrants made their way West.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Scotts Bluff National Monument 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, drones) that are used for any purpose, including for recreation or commerce.
Reason for determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Scotts Bluff National Monument will conflict with, or impact, a variety of park uses including visitor experience. Closure is necessary to maintain public safety, protect the park’s natural, aesthetic, scenic and historic values. The use of these devices creates excessive noise which conflicts with the historic purpose of the park and has the potential to disrupt wildlife by interrupting migration, nesting, mating, and hunting activities.
1.5(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:The following restrictions and/or conditions are in effect for the specific uses or activities noted:
Passenger Carrying Buses
Idling of any engine that produces exhaust in the summit or visitor center parking lot is restricted to loading and unloading passengers.
Engine warm-up or idling prior to loading or unloading of passengers is limited to 10 minutes.
Reason for determination: The idling of bus engines adds unnecessary exhaust fumes into the air and diminishes the enjoyment by visitors of the peace and tranquility of the park.
II. Permits
36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
1.6(f) The following is a compilation of those activities for which a permit from the superintendent is required:
§1.5(d) The following activities related to Public Use Limits:
After hour visits and/or activities at the monument.
Vehicle traffic on Summit Road after closure.
Hiking or walking off trail on the summit.
Hiking or walking on the following formations or off trail on the north bluff of Scotts Blulff National monument (reference Appendix A): Eagle Rock, Saddle Rock, Sentinel Rock, Crown Rock or Dome Rock.
Possession of open containers of alcoholic beverages (outside of the picnic area).
§2.5(a) Specimen collection (Legal taking of plant, fish, wildlife, rocks or minerals)
§2.10(a) The following camping activities:
Camping in association with a special event or public gathering for which a permit has been issued pursuant to §2.50 or §2.51Item
§2.12 Audio Disturbances:
(a)(2) Operating a chain saw in developed areas
(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
(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
§2.17 Aircraft & Air Delivery:
(a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means
(c)(1) Removal of a downed aircraft
§2.37 Soliciting or demanding gifts, money goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)
§2.38 Explosives:
(a) Use, possess, store, transport explosives, blasting agents
(b) Use or possess fireworks
§2.50(a) 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 expressions of views involving more than 25 people
§2.52(c) Sale or distribution of printer matter that is not solely commercial advertising
§2.62 Memorialization:
(a) Erection of monuments (Requires approval from Regional Director)
(b) Scattering ashes from human cremation
§5.1 Advertisements – (Display, posting or distribution.)
§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations).
§5.5 Commercial Photography/Filming:
(a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television
(b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
III. GENERAL REGULATIONS
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
2.1(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document.
It is prohibited to travel off the developed trail system on the North Bluff. (See Appendix A reference areas closed to off trail hiking)
Reason for determination: The safety concerns of an unstable and exposed walking surface; rattlesnakes, protection of the fragile vegetation, and prevention of accelerated erosion are the basis for the restriction to stay on the North Bluff trails.
It is prohibited to walk on or climb the following formations: Dome Rock, Eagle Rock, Sentinel Rock, Saddle Rock and Crown Rock.
Reason for determination: The unstable, sedimentary rock composition of Dome Rock, Eagle Rock, Sentinel Rock Saddle Rock and Crown Rock prohibits the rocks to be climbed.
2.1(c)(1) The gathering of currant berries or choke cherries will be limited to gathering by hand for personal use or consumption. No other berries or plants can be gathered. The quantity of currant berries or choke cherries gathered shall not exceed the daily use of the individual or family.
“Preservation of Natural Features” and “American Indian Religious Freedom Act,” the Superintendent authorizes the gathering of certain fruits, berries, nuts and plant material which may be gathered by hand for Native American religious purposes.
Reason for determination: Currant berry bushes and choke Cherry Trees are found in the public use area of the monument, headquarters, residence buildings and on the Oregon Trail Pathway, when ripe the berries are used by the monument park rangers as a tool for interpretive programs. Collections amounting to an individual’s daily use of berries would be sufficient for the monument’s need and the general public. No other collection of plant, animal or mineral is allowed within the monument.
36 CFR §2.2 – WILDLIFE PROTECTION
2.2(e) The viewing of wildlife with an artificial light is prohibited on Federal lands within the boundaries of Scotts Bluff National Monument.
Reason for determination: The monument is closed for public use at dark (except by special use permit) and the use of a spotlight, automotive headlight, or other artificial light to spot, observe, locate or take any animal on the monument is prohibited. Any of the prohibited acts may also cause a safety hazard due to the traffic flow through the monument.
36 CFR §2.3 – FISHING
2.3(a) Fishing shall be in accordance with laws and regulations of the state of Nebraska.
36 CFR §2.10 – CAMPING and FOOD STORAGE
There are no designated camping sites or areas within the boundaries of Scotts Bluff National Monument. A permit system has been established for certain camping activities, and conditions for camping and camping activities are authorized only under a Special Use Permit.
Reason for determination: The monument is closed for public use at sunset (unless under a special use permit) and there are no designated camping sites or areas within the boundaries of the monument.
36 CFR 2.13 – FIRES
2.13(a)(1) The lighting or maintaining of fires is prohibited within the boundaries of the monument, except as provided for under the conditions of a special use permit. Employees are authorized to have fires in the developed area, using fire for evening campfire programs in the amphitheater fire pit or at living history demonstrations.
Reason for determination: The high winds and dry conditions at the monument every season of the year make prairie fires a constant concern. There are no fire pits or grates at the monument due to the possibility of wildfire.
36 CFR §2.15 – PETS
2.15(a)(1) The following structures and/or areas are closed to the possession of pets except for service animals:
All monument buildings.
2.15(a)(1) Pets are allowed in the following areas:
When leashed, on all paved roads, paved sidewalks and trails.
2.15(a)(5) Pet excrement must be removed from all areas of the monument by the pet owner/handler and placed in an outdoor trash receptacle.
36 CFR §2.16 – HORSES and PACK ANIMALS
2.16(g) Conditions that are prohibited concerning the use of horses or pack animals:
Riding on or adjacent to the remnants of the Oregon Trail.
Riding on all paved trails, the Summit Road and parking lots.
Riders shall ride abreast, not single file to limit the impact on the resource.
Load or unload from trailer or temporarily corral within the monument except under the conditions of a special use permit.
36 CFR §2.19 – WINTER ACTIVITIES
2.19(a) The following park roads and/or parking areas open to motor vehicle traffic may be used for skiing, snowshoeing, ice skating, inner-tubing, tobogganing, and similar winter activities under the conditions noted:
The Summit Road is open to winter activities when the road is closed to vehicular traffic and no snow removal operations are occurring.
36 CFR §2.20 SKATING, SKATEBOARDS, AND SIMILAR DEVICES
Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in designated areas. (there are no designated areas at Scotts Bluff National Monument)
36 CFR §2.21 – SMOKING
2.21(a)(1) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
All park buildings and structures.
36 CFR §2.35 – ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES
2.35(a)(3)(i) The Superintendent may close all or a portion of a public use area or public facility within a park area to the consumption of alcoholic beverages.
The consumption of alcoholic beverages or the possession of an open container of an alcoholic beverage is prohibited in all areas of the park except the picnic shelters.
Reason for determination: This closure is established based upon the determination that consumption of an alcoholic beverage or the possession of an open container of alcoholic beverages would be inappropriate considering other uses of the monument and the purpose for which the monument was established and is maintained. The presence of cliffs, uneven/unstable ground and prairie rattlesnakes with the consumption of alcoholic beverages would be potential for serious injury and or death. The picnic area is within the developed area near the visitor’s center where other food and beverages are consumed and trash receptacles are available in order to limit the amount of litter from consumption of alcoholic beverages.
36 CFR §2.51 – PUBLIC ASSEMBLIES, MEETINGS
2.51(e) The superintendent shall designate the locations available for public assemblies.
Areas designated as locations for public assemblies are limited to: The grassy area between the east side of the visitor center and the bus parking area, amphitheater and the leach field.
A special use permit is required.
No special use permit is required when conducting a 1st Amendment Right for groups with 25 or less people if the following conditions are met:
The group must not merely be an extension of another group availing itself of the 25 person maximum.
The activity must not unreasonably interfere with other demonstrations, special events or NPS program activities.
The activities may include the use of hand-carried signs, but not stages, platforms or structures. In those situations the NPS will continue to require a permit.
If two or more groups taking advantage of the small group exception seek the same designated area at the same time, and the area cannot reasonably accommodate both groups, the park will, whenever possible, direct the later arriving group to relocate to another nearby available designated area.
Groups of larger than 25 will require a permit and be designated the amphitheater for conducting a 1st Amendment Right.
Reason for determination: In order to protect the resource, safety of the visitor, and maintain the integrity and purpose of the monument, the public assembly or meeting must be considered by the superintendent in a permit application to make a fair determination.
36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER
2.52(e) The superintendent shall designate areas for sale or distribution of printed matter.
A special use permit is required.
Areas designated as locations for distribution of printed matter are limited to: grassy area in front of the east end of the visitor center parking, amphitheater, and the viewing areas at the end of the North and South Summit Trail. (Reference Appendix C, Page 20).
Reason for determination: In order to protect the resource, safety of the visitor, and maintain the integrity and purpose of the monument, the public assembly or meeting must be considered by the superintendent in a permit application to make a fair decision.
36 CFR §2.62 – MEMORIALIZATION
2.62(b) A permit is required for the scattering of ashes from cremated human remains and be in accordance with the terms and conditions of a special use permit.
The remains to be scattered must have been processed by pulverization after cremation.
The scattering of remains by person on the ground is to be performed at least 25 yards from any trail road, overlook, or facility.
The scattering of remains from the air is to be performed at a minimum altitude of 2,000 feet above ground level. Remains cannot be scattered by air over developed areas (trails, roads or park facilities).
No markers or memorials are permitted.
Container shall be removed from the area.
Reason for determination: A permit must be obtained from the Superintendent prior to dispersal of any remains. Other conditions may apply. Remains should not be in an area where visitors may come into contact with the cremated remains.
36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES
4.10(a) Operating a motor vehicle is prohibited except on Park roads and established parking areas, the following is prohibited:
Operating motor vehicles on the canal roads is prohibited.
Reason for determination: Canal roads within the monument are private property of the representing canal companies.
Operating a motor vehicle without registration or insurance on park roads is prohibited.
Definition: Motor vehicle - means every vehicle that is self-propelled and every vehicle that is propelled by electric power, but not operated on rails or upon water, except a snowmobile and a motorized wheelchair.
36 CFR §4.21 – SPEED LIMITS
4.21(a) The following speed limits are established for the routes/roads indicated:
The speed limit along Scotts Bluff County Road – Old Oregon Trail Road is posted at 45 mph through the monument’s boundary.
The posted speed limit on the Summit Road is 25 mph.
The posted speed limit for travel through the summit and visitor center parking area is posted at 15 mph.
36 CFR §4.30 – BICYCLES
4.30(a) Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document.
The summit road is closed to bicycle traffic when open to vehicular traffic.
Saddle Rock Trail is closed to bicycle use.
Oregon/California Trail is closed to bicycle use.
Canal roads prohibit the operation of bicycles.
4.30(d) The following additional routes, in developed areas or special use zones, have been designated for bicycle use:
The bicycle trail (Prairie View Trail) beginning at the visitor center and to the east boundary are open for bicycle use.
Reason for determination: The bicycle trail (Prairie View Trail) was built in association with the local communities' Monument Valley Pathway trail system to provide recreational trails for walking and biking. This is the only trail in the monument built specifically for this activity.
E-Bikes
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 Horse Power).
E-bikes are allowed within the boundary of Scotts Bluff National Monument. The same restrictions apply to E-bikes as bicycles (no E-bikes or bicycles are allowed on the Oregon Trail or the Saddle Rock hiking trails and Summit Road while open to motor vehicles). 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 Scotts Bluff National Monument is governed by Nebraska State law, which is adopted and made a part of this Compendium. Any violation of Nebraska State law adopted by this paragraph is prohibited.
E-Bikes/OPDMDs
The use of E-bikes by park visitors who are physically disabled is authorized by the Rehabilitation Act of 1973 (Section 504). This section prohibits discrimination on the basis of disability in federally conducted programs and activities. The Department of Justice (DOJ) interprets requirements under Section 504 consistently with those under Title II of the Americans with Disabilities Act (ADA) which includes requirements governing “Other Power-Driven Mobility Devices” (OPDMDs) at 28 CFR§ 35.137. When used by persons with disabilities, the NPS considers E-bikes to be OPDMDs.
Reason for determination: The requirements and policies governing OPDMDs under the ADA will apply to the use of E-bikes for purposes of compliance with Section 504. OPDMDs are defined under the ADA as “any mobility device powered by batteries, fuel, or other engines . . . that is used by individuals with mobility disabilities for the purpose of locomotion . . . or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair.” 28 C.F.R. § 35.104. The NPS must make reasonable modifications to its policies, practices, and procedures to allow the use of OPDMDs by individuals with disabilities in its facilities, unless the NPS can demonstrate that the class of devices cannot be operated in accordance with legitimate safety or resource protection requirements. As a reminder, a facility includes all or any portion of buildings, structures, equipment, roads, walks, parking lots, outdoor recreation and program spaces, park sites, developed sites, rolling stock or other conveyances, or other real or personal property.
Visitors who are operating OPDMDs based on a physical disability may ride the E-bike on all sidewalks at the Scotts Bluff National Monument Visitor Center developed area, roads (visitor center parking lot and Summit Road and summit parking lot after the road is closed to motor vehicles) and highways (Old Oregon Trail) within the boundary of Scotts Bluff National Monument. However, OPDMDs will not be authorized on designated trails (Oregon Trail, Saddle Rock Trail and Summit Trails) due to safety concerns linked to landscape, uneven terrain, trail width, steep cliffs, steps and erosion concerns.
Off-trail areas that are off-limits to hiking are marked in red.
NPS/Google Maps
Appendix A
The areas marked with red are areas where 1st Amendment demonstrations may take place.
NPS/Google
Appendix B
Area marked in yellow are locations where the sale or distribution of printed matter is permitted by permit.
