Superintendent's Compendium

 

Signed Compendium Header

NPS

National Park Service
U.S. Department of the Interior
Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Missouri National Recreational River
508 East Second Street
Yankton, SD 57078
605 665-0209 phone [phone] fax

Approved: 12/15/2022
Curt Dimmick, Superintendent

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 NPS, 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 NPS.

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 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 further 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 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?

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. These rules do not apply on non-federally owned lands and waters unless there is a written instrument with the property owner.

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 particular provision by contacting the Superintendent 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
508 East Second Street
Yankton, SD 57078

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 508 East Second Street, Yankton, SD 57078. It may also be found at www.nps.gov/mnrr//learn/management/compendium.htm.

 

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 100301, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Missouri National Recreational River. 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. 36 CFR §1.5 – PUBLIC USE LIMITS AND PARK SPECIFIC USES

36 CFR 1.5 (a)(1) - Public Use Limits

(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

• Park Headquarters: Monday - Friday, 8 a.m. to 4:30 p.m. Closed on weekends and designated federal holidays.

• Mulberry Bend - dawn to dusk

• Bow Creek Recreation Area, Green Island Recreation Area and Goat Island Recreation Area - dawn to dusk unless engaged in overnight camping or properly licensed hunting and/or fishing activities.

Posted Endangered Bird Nesting Sites

Posted Endangered Bird Nesting Sites are closed to all entry, pets, ATVs, vehicles, and vessel landing.

Determination: Numerous agencies cooperatively protect and manage nesting populations of the least tern and piping plover along the Missouri River in South Dakota and Nebraska through monitoring, site protection, law enforcement and public outreach. Site closures will enhance annual productivity and in the long term, contribute to recovery of these species.

Equine and Pack Animal Closures

All NPS owned lands within the park are closed to horses and pack animals.

Determination: The composition of the soil, terrain, and limited acreage do not allow for the mix of horses and hikers.

Hunting Closures

Hunting and trapping are allowed in determined areas within Missouri National Recreational River. Specific conditions are listed elsewhere in this Compendium.

• Goat Island is closed to hunting and trapping from Memorial Day to Labor Day. Small game and nongame hunting are prohibited.

Determination: Closures are necessary to meet NPS goals for visitor safety.

• Bow Creek Recreation Area is closed to hunting from Memorial Day to Labor Day. Trapping is prohibited.

Determination: Closures are necessary to meet NPS goals for visitor safety.

• Mulberry Bend Overlook and Green Island Recreation Area are closed to hunting and trapping.

Determination: Closures are necessary to meet NPS goals for visitor safety.

36 CFR §1.5 (a)(2) – Park Specific Uses

Masks

• When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.
• When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear a “high-quality mask”, 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 COVID-19 Community 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.
• The term “high-quality mask” means a surgical mask, procedure mask, or an internationally approved device (e.g., KN95s and KF94s). Respirators also meet the standard to be considered a “high-quality mask.” Respirators are defined as NIOSH-approved filtering facepiece respirators (e.g., N95 and P100 respirators). Cloth masks and similar face covers (e.g., gaiters) are not considered to be high-quality masks. 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.
• Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community 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 a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status. 
• Additionally, all individuals are to wear high-quality masks in multi-passenger government-operated vans, cars, trucks, and other motor pool passenger vehicles; and all individuals, including members of the public, are to wear masks on multi-passenger indoor or enclosed areas of aircraft, boats and other maritime transportation conveyances, and buses operating on DOI-controlled lands (e.g., conveyances operated by contractors, or concessioners, or other partners).

Determination: While we recognize this pandemic is not over, the NPS continues to follow the latest science and guidance from the CDC, the Safer Federal Workforce Task Force, and DOI so we can move to a point where COVID-19 no longer severely disrupts our daily lives. As the CDC notes, there are many tools available to us for reducing COVID-19 severity and there is significantly less risk of severe illness, hospitalization, and death compared to earlier in the pandemic. Most of the U.S. population is vaccinated or had COVID-19, and we have a better understanding of ways to protect people from being exposed to the virus, like wearing high-quality masks, testing, and improved ventilation.

Hunting and Trapping

Hunting and trapping are permitted within the Missouri National Recreational River at the Bow Creek and Goat Island Recreation Areas in accordance with the site-specific conditions/regulations listed elsewhere in this compendium, as publicized in cooperation with each state (NE and SD) as applicable. In general, hunters and trappers need to be familiar with Nebraska Game and Parks Commission and South Dakota Game, Fish, and Parks state regulations, whereas those hunting at Bow Creek Recreation Area only need to be familiar with Nebraska state regulations.

Fishing with Set Lines

The use of set lines (unattended bank lines) are permitted, as established and in accordance with South Dakota and Nebraska fishing regulations, with the following exceptions:

• Set lines are prohibited within 200 feet of public boat landings or swimming areas.

Determination: The South Dakota Game, Fish, and Parks Commission declares it necessary to treat catfish from inland waters of the Missouri River as rough fish in order to maintain desired population levels. Additionally, the use of set lines on the Missouri and Niobrara Rivers has been historically used as a method for controlling rough fish species in Nebraska. This historic practice has been underway for at least four decades and predates the Missouri National Recreational River becoming a unit of the National Park System and component of the National Wild and Scenic Rivers System. The use of set lines adjacent to public landings and/or designated (cordoned off and/or signed/posted) swimming areas is prohibited to reduce the possibility of damage to equipment, or injury to others.

Unmanned Aircraft (Drones)

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the NPS within the boundaries of Missouri National recreational River is prohibited except as approved in writing by the superintendent.

Definition: 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.

Determination: The superintendent has determined unmanaged or unrestricted recreational use of UAs within Missouri National Recreational River has the potential to negatively impact the privacy of adjacent land owners along the river, including potentially creating a corridor of immunity over the water where adjacent landowners that did not want unmanned aircraft to operate would not be able to exclude these devices. It should be noted however, that this action does not prohibit an adjacent landowner from operating an unmanned aircraft on their own property. Unmanned aircraft could harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area.  

II. 36 CFR §1.6 - PERMITS

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

• §2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals) – Removal of wildlife for purposes other than those under legal hunting, fishing or trapping as regulated through Nebraska and South Dakota state laws and regulations.

• §2.12 Audio Disturbances:

• (a)(3) In nondeveloped areas, operating any type of portable motor or engine, or device powered by a portable motor engine. This does not apply to vessels in areas where motor boating is allowed.

• (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 in large groups (greater than 25 people).

• §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising by large groups (greater than 25 people).

• §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 Filming, Still Photography, and Audio Recording:
  • (a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit. Still photography does not require a permit unless:
    1. It uses a model, set, or prop.
    2. It takes place where members of the public are not allowed.
    3. The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts.
  • (b) Audio recording does not require a permit unless:
    1. It takes place at locations where or when members of the public are generally not allowed.
    2. The equipment requires mechanical transport.
    3. It requires an external power source.
    4. The activity requires monitoring.
    5. The activity impacts resources.
• §5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.

III. GENERAL REGULATIONS

36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

(a)(4) Dead and down wood may be gathered in the vicinity of the Green Island, Bow Creek and Goat Island Recreation Areas designated camping areas for immediate use within the provided fire grates. Any firewood from outside the area is prohibited.

Determination: There is an adequate amount of dead and down wood on the ground to be used for campfires. The use of this wood will help reduce the amount of ground fuels available to a wildfire. The introduction of firewood from outside the area could bring with it unintended non-native pests and disease.

(c)(1), (c)(2) The following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:

• One quart of berries per day per person.
• One gallon equivalent of fungi per day per person.

36 CFR §2.2 - WILDLIFE PROTECTION

(b)(2) Hunting and trapping are permitted within the Missouri National Recreational River at the Bow Creek and Goat Island Recreation Areas in accordance with the site-specific conditions/regulations outlined below, as publicized in cooperation with each state (NE and SD) as applicable. In general, hunters and trappers need to be familiar with Nebraska Game and Parks Commission and South Dakota Game, Fish, and Parks state regulations, whereas those hunting at Bow Creek Recreation Area only need to be familiar with Nebraska state regulations. See below for the site-specific regulations of which hunters and trappers need to be aware.

Bow Creek Recreation Area

• Upland game, turkey, deer and waterfowl hunting are permitted in accordance with Nebraska Game and Parks Commission regulations and seasons.

• Trapping is prohibited.

• Permanent decoys are not allowed. All decoys must be removed daily.

• Non-toxic shot is required for all shotgun hunting.

• The hunting seasons are the same as listed for the state of license, with the exception of no hunting at the Bow Creek Recreation Area from Memorial Day to Labor Day.

• No hunting or trapping is permitted at the Bow Creek Recreation Area within 100 yards of developed facilities including designated primitive camping areas.

• Stands and/or Elevated Platforms are allowed but must not be permanently mounted (no nails or screws) to trees and not allowed within 100 yards of developed facilities (camping areas).

• Hunters can utilize no more than two stands or elevated platforms per hunter and can remain in place for the duration of the season. Stands or platforms can be erected one week before the season starts and must be removed by the last day of the season. Stands and platforms must be labeled with the owner’s name and applicable state hunter identification number.

• Blinds: Portable or mobile blinds are allowed to be set up at Bow Creek Recreation Area or on a sandbar attached to the area but must be removed daily. Blinds must be labeled with the owner’s name and applicable state hunter identification number.

• Decoys: Temporary decoys are allowed. All decoys must be removed daily.

• All hunters and users of the area are required to pack out all hunting debris, such as spent shell casings or other personal trash.

• The following tools, devices, or techniques are not allowed at Bow Creek Recreation Area: feeders, bait stations, artificial light, amplified or recorded calls, drones, devices utilized for transmitting information regarding the location of game, running and/or game drives. Non-cellular trail cameras may be utilized. Name and applicable hunting license number of the owner must be on the exterior of the unattended trail camera. A trail camera is a remotely activated device set to capture photos, video, sound, or other evidence of activitiy while the user is absent from the location. Nails, bolts, and screws are prohibited for attaching trail cameras to trees or other structures.

• All hunters are required to provide harvest information to the park including dates hunted and species harvested. Data may be sent via email to e-mail us, phone to 406-464-0364 or mail to: National Park Service, Visitor and Resource Protection, 508 East Second Street, Yankton, SD 57078.

Determination: Hunting is a long-standing use of the Bow Creek area. Construction of a permanent hunting stand or blind or staking claim to public islands and sandbars would amount to private use of public property and must be prohibited to protect equal public access and enjoyment. Regulations for hunting and trapping were developed in cooperation with the South Dakota Game, Fish, and Parks and the Nebraska Game and Parks Commission to ensure equal access for all visitors, provide a safe environment for recreation, and protect resources for present and future generations to enjoy.

Goat Island Recreation Area

• Archery only deer and archery only turkey hunting is permitted.

• Trapping is permitted in accordance to Nebraska and South Dakota state laws and regulations.

• Waterfowl hunting is open only to firearm use per the laws and regulations of the Nebraska or South Dakota state hunting license.

• Decoys: Permanent decoys are not allowed. All decoys must be removed daily.

• Small game hunting is not allowed on Goat Island.

• Anyone hunting or trapping on Goat Island must have a valid Nebraska or South Dakota license/permit, applicable to the species and location.

• The hunting and trapping seasons are the same as listed for the state of license, with the exception of no hunting or trapping on Goat Island from Memorial Day to Labor Day.

• No hunting or trapping is permitted on Goat Island within 100 yards of developed island facilities including designated camping areas or toilets.

• Stands and/or Elevated Platforms are allowed for deer and turkey archery hunting only. They must not be permanently mounted (no nails or screws) to trees and not allowed within 100 yards of developed facilities (camping areas or toilets). Hunters can utilize no more than two stands or elevated platforms per hunter and can remain in place for the duration of the season. Stands or platforms can be erected one week before the season starts and must be removed by the last day of the season. Stands and platforms must be labeled with the owner’s name and applicable state hunter identification number.

• Portable or mobile blinds are allowed to be set up on the island or on a sandbar attached to the island; all blinds must be removed daily. Blinds must be labeled with the owner’s name and applicable state hunter identification number.

• Hunters and trappers are required to pack out all hunting debris, such as spent shell casings or other personal trash.

• The following tools, devices, or techniques are not allowed at Bow Creek Recreation Area: feeders, bait stations, artificial light, amplified, electric or recorded calls, drones, devices utilized for transmitting information regarding the location of game, cellular trail cameras, running and/or game drives. Non-cellular trail cameras may be utilized. Name and applicable hunting license number of the owner must be on the exterior of the unattended trail camera. A trail camera is a remotely activated device set to capture photos, video, sound, or other evidence of activity while the user is absent from the location. Nails, bolts and screws are prohibited for attaching trail cameras to trees, posts or other structures.

• Deer, turkey hunters and trappers are required to provide harvest information to the park including dates hunted and species harvested. Data may be sent via email to e-mail us, phone to 406-464-0364 or mail to: National Park Service, Visitor and Resource Protection, 508 East Second Street, Yankton, SD 57078.

Determination: Unrestricted rifle hunting and other types of hunting are incompatible with camping, hiking and other recreational activities. Construction of a permanent hunting stand or blind or staking claim to public islands and sandbars would amount to private use of public property and must be prohibited to protect equal public access and enjoyment. Regulations for hunting and trapping were developed in cooperation with the South Dakota Game, Fish, and Parks and the Nebraska Game and Parks Commission to ensure equal access for all visitors, provide a safe environment for recreation, and protect resources for present and future generations to enjoy.

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

• Park wide - The unauthorized use of artificial light for the purpose of viewing wildlife is prohibited in all areas of the park.

Determination: The use of artificial lights to view wildlife creates unnecessary human-caused stress upon the animals, causing them to change their behavior patterns. The light also can also be a precursor to poaching activities.

36 CFR§2.3 - FISHING

(d)(2) Live or dead bait fish, amphibians, non-preserved fish eggs and fish roe may be used in accordance with state regulations.

Determination: State regulations allow the use of bait fish if such fish are used in the same waters in which they are captured. This practice will not introduce non-native fish into park waters.

36 CFR §2.5 – RESEARCH SPECIMENS

Taking plants, fish, wildlife, rocks, or minerals is prohibited except in accordance with other regulations in Chapter I of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.

For further information on Scientific Research and Collection Permits and Procedures for applying visit the following website: https://irma.nps.gov/rprs/Home or contact the park’s Natural Resource Manager at 605-665-0209.

36 CFR §2.10 - CAMPING AND FOOD STORAGE

(a) Primitive camping is allowed in the designated sites at Bow Recreation Area, Green Island Recreation Area and Goat Island Recreation Area. Wilderness camping is allowed in the Bluffs Unit of Bow Creek Recreation Area between Memorial Day and Labor Day. Camping or overnight occupancy in any primitive or wilderness area, within a single district in MNRR, by any person or group for more than 14 consecutive days within a 30-day period is prohibited. Primitive/wilderness camping is with no water or trash services, so it is “pack it in and pack it out.” Campers must leave the respective MNRR district for at least 16 days before returning to camp. Effective May 29, 2023 campers are required to register with the park/obtain a free permit. Go to the park website at www.nps.gov/mnrr for more information or call the park at 605-665-0209 to register.

Determination: Camping regulations are established to protect sensitive park resources, to preserve visitor experience of solitude, and to avoid visitor use conflicts between the various activities that take place in these areas.

36 CFR §2.13 - FIRES

(a)(1) Fires are allowed in the provided fire grates at Bow Creek, Green Island, and Goat Island.

(b) All fires must be extinguished with water and cold to the touch when not being attended.

Determination: Campfires are a consistent use with primitie camping. To reduce unwanted wildfires, campsites are restricted to provide fire grates and must be cold to the touch when not attended. The use of campfires may be banned or restricted due to the local fire danger level.

36 CFR §2.14 - SANITATION AND REFUSE

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

• Household trash generated by authorized camping or picnicking activities may be placed in receptacles designed for that purpose in the developed campground and picnic areas. In all other instances, the dumping of commercial, household or industrial refuse brought in from private or municipal property in government receptacles is prohibited.

(b) All persons must dispose of human waste by making use of toilet facilities where available. In backcountry areas lacking toilet facilities, human waste must be buried in a small hole dug in soil at least six inches deep and at least 50 feet from any trail, campsite, or water source. All trash must be carried out; burying or burning of toilet paper is prohibited.

36 CFR §2.15 – PETS

NOTE: Service animals are not subject to the park’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.

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

• Park headquarters building. Service or working law enforcement animals are exempt.
• Pets on a leash of not more than 6 ft. in length are allowed on designated trails on all park properties and within campsites.
• Dogs are allowed off leash at Bow Creek and Goat Island Recreation Areas when owners are actively engaged in permitted upland game/waterfowl hunting per unit hunting regulations and within state designated hunting seasons between Labor Day and Memorial Day.

(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:

• Pets must not be left unattended and tied to an object in the park.
• No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

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

• Pet excrement must be collected and deposited in trash receptacles or packed out of the park.

Determination: Since pets are usually concentrated public areas, excrement must be removed to prevent health hazards to people and to lessen negative impacts on wildlife. Consistent with public health and safety, protection of natural resources and avoidance of conflict among visitor use activities, pets must be restricted. Pets are not considered compatible with the broad park goal of minimal resource impact or inherently suitable for adapting quickly to a strange environment often involving close association with strange persons and animals. It is recognized that pets are a common possession of park visitors, and provisions are made for them where they do not jeopardize basic park values. Dogs in particular may chase wildlife, pollute water sources and can become defensive and dangerous in strange surroundings. The burden is placed on pet owners to assure their pets do not destroy park values for other people in areas where pets are allowed.

36 CFR §2.17 – AIRCRAFT AND AIR DELIVERY

(a)(3) Delivering or retrieving a person or object by parachute, helicopter, or other airborne means is prohibited, except in emergencies involving public safety or serious property loss or pursuant to the terms and conditions of a permit.

(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent.

• Terms and conditions for removal of downed aircraft, components and parts shall be specified on a case-by-case basis, by permit.

36 CFR §2.18 – SNOWMOBILES

(c) The use of snowmobiles is prohibited on all park owned lands.

Determination: The Superintendent has determined that the use of snowmobiles within the park is inconsistent with the mission of the park and other visitor pursuits and is further prohibited to protect the fragile resources of the park and ensure visitor safety.

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES

Using roller skates, skateboards, roller skis, coasting vehicles or similar devices is prohibited.

36 CFR §2.21 – SMOKING

The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking, to include electronic cigarettes and other electronic nicotine delivery systems (ENDS), as noted:

• Park headquarters buildings and all park restroooms; within 20 feet from the main exits, entrances, or operable windows of any park structure.

• The superintendent may prohibit smoking along Park trails and other areas during periods of high or extreme fire danger.

Determination: This prohibition is necessary to reduce the risk of fire in public use buildings, reduce the health hazards of secondhand smoke or other harmful substances to visitors, and prevent conflicts between smokers and nonsmokers.

36 CFR §2.22 - PROPERTY

(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions:

• Portable hunting stands or elevated platforms are allowed for deer and turkey hunting only. They must not be permanently mounted (e.g., no nails or screws) to trees or other park infrastructure. Hunters may utilize no more than two (2) stands or elevated platforms per hunter. Stands and platforms may remain in place for the duration of the established state hunting season; hunters may erect stands or platforms one (1) week before the season starts and must be removed by the last day of the season. Stands and platforms must be labeled with the owner’s name and applicable state hunter identification number. Stands and platforms are not allowed within 100 yards of developed facilities (e.g., designated camping areas, pit toilets).

• Standard, non-cellular, trail cameras are allowed. Name and applicable hunting license number of the owner must be on the exterior of the unattended trail camera. A trail camera is a remotely activated device set to capture photos, video, sound, or other evidence of activity while the user is absent from the location. Nails, bolts and screws are prohibited for attaching trail cameras to trees, posts or other structures

36 CFR §2.35 - ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES

(a)(3) (i)(B) Alcoholic beverages

• The sand bar, situated at 96°47.5573580'W, 42°40.2000347'N, located adjacent to river mile 764, adjacent to the Bolton South Dakota Game Production Area, at the terminus of Road 471 and commonly known as Burbank Beach, is closed to the consumption of alcoholic beverages and the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken or the contents of which have been partially removed.

Determination: The Bolton Beach area has a recent history of incidents and aberrant behavior related to the consumption of alcoholic beverages including three fatalities, multiple water rescues, DUIs on the access road, vehicle break ins, and a meth lab. South Dakota Game, Fish, and Parks closed the area to alcohol in July 2019. In May of 2020 it was discovered that these same types of activities had carried over to the newly created (based on past year flows of the river) described sand bar within the mean high- water mark of the river (an area under the administration of the National Park Service). In addition to a spinal cord injury from a shallow dive, and a discharged weapon on the same weekend, over a dozen thirty-gallon bags of trash were collected by rangers on the sand bar. If left to accumulate the trash would create an impairment to the natural resources.

In order to curb this activity altogether, and to cooperate with our neighboring agency, the Superintendent determined an alcohol ban is the best course of action. A total closure of the sand bar was considered but deemed too stringent. More monitoring of the area by NPS staff was considered but deemed insufficient to address the problem since most of the consequential activity occurs outside normal business hours, the staff is small, and access to the sandbar requires a vessel.

36 CFR §2.37 – NONCOMMERCIAL SOLICITING

Soliciting or demanding gifts, money, goods, or services is prohibited except pursuant to the terms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52.

36 CFR §2.38 – EXPLOSIVES

Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:

• All areas of the park are closed to the use of fireworks and firecrackers.

36 CFR §2.51 – DEMONSTRATIONS

(c) The following areas are available for demonstration:

• Mulberry Bend Overlook on the sidewalk at the south end of the parking area.

• Park Headquarters/visitor contact station on the lawn to the east of the building.

Determination: These areas meet the standard of providing a demonstration area visible to the public while at the same time not impeding park operations or the visitor experience.

36 CFR §2.52 - SALE OR DISTRIBUTION OF PRINTED MATTER

(b) Permits and the small group permit exception.

• Groups of 25 or less meeting all the conditions listed in 36 CFR §2.52 are not required to have a permit.

• The following locations are designated by the superintendent as available for the sale or distribution of printed matter within the park per §2.51(c)(2):

  • Mulberry Bend Overlook on the sidewalk at the south end of the parking area.

  • Park Headquarters/visitor contact station on the lawn to the east of the building.

Determination: These areas meet the standard of providing areas for distribution of printed matter visible to the public while at the same time not impeding park operations or the visitor experience.

36 CFR §2.60 – LIVESTOCK USE AND AGRICULTURE

(a) Livestock are generally prohibited in any park area.

36 CFR §2.61 – RESIDING ON FEDERAL LANDS

(a) Residing in park areas, other than on privately owned lands, is prohibited except pursuant to the terms and conditions of a permit lease or contract.

36 CFR §2.62 – MEMORIALIZATION

(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.

(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:

• A permit is required for scattering ashes in all areas of the park (see Special Use Permits on the park website).

• The remains to be scattered must have been cremated and pulverized.

• The scattering of remains by persons on the ground is to be performed at least 100’ from any trail, road, developed area or flowing stream or other body of water.

• The scattering of remains from the air is prohibited.

• Scattering on the ground must result in complete dispersal of ashes so that no obvious piles remain in any one place. No containers/urns/markers are to be left behind or buried.

36 CFR §3.7 - PFD REQUIREMENTS

Every NPS employee, volunteer, or event participant onboard any NPS motorized or non-motorized vessel, or onboard any motorized or non-motorized vessel in use under the authority of a Special Use Permit, shall wear a PFD.

Determination: User safety is of the utmost concern. The Missouri River contains many seen and unseen hazards, and the strong current can tire the best swimmers. Boating accidents often happen quickly, having a PFD nearby is not adequate.

36 CFR §4.21 – SPEED LIMITS

(b) The following speed limits are established for the routes/roads indicated:

• 15 mph on all park roads and parking areas (Mulberry Bend and Bow Creek Recreation Areas).

36 CFR §4.30 - BICYCLES

(a) Park roads and parking areas that are closed to bicycle use are as follows:

• All hiking trails in the park.

(i) Electric Bicycles

E- bikes are allowed in Missouri National Recreational 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 exclusively to move an e-bike for an extended period of time without pedaling is prohibited.

• 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.).
• A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of a traditional bicycle: 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 Missouri National Recreational River is governed by State law, which is adopted and made part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.

36 CFR §5.1 – ADVERTISEMENTS

Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent.

36 CFR §5.3 – BUSINESS OPERATIONS

Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.

36 CFR §5.5 – COMMERCIAL PHOTOGRAPHY

(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit. Still photography does not require a permit unless:

1. It uses a model, set, or prop.
2. It takes place where members of the public are not allowed.
3. The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts.

(b) Audio recording does not require a permit unless:

1. It takes place at locations where or when members of the public are generally not allowed.

2. The equipment requires mechanical transport.

3. It requires an external power source.

4. The activity requires monitoring.

5. The activity impacts resources.

36 CFR §5.7 – CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES

Such activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States.

 

Federal regulations covering all National Park Service lands are contained in the Code of Federal Regulations, Title 36, Chapter 1 also known as 36 CFR. Within 36 CFR, park superintendents are granted the right to make park-specific regulations to maintain public health and safety, protect environmental or scenic values, protect natural and cultural resources, aid in scientific research, provide for equitable use of facilities, and avoid conflict among visitor use activities. To view regulations specific to Missouri National Recreational River established under the discretionary authority of the park superintendent, please read the above Superintendent's Compendium.

 

Parking lot marked is the designated First Amendment permit area.