National Park Service
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.
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 This bill repealed several previous laws, including the NPS Organic Act; is now found at 54 U.S.C. 100301.
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.
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:
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.
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.
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
Copies of the Compendium are available at 508 East Second Street, Yankton, SD 57078. It may also be found at www.nps.gov/mnrr.
SUPERINTENDENT'S COMPENDIUMIn 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 16 United States Code, Section 3, 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 - CLOSURES AND 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:
Determination: The composition of the soil, terrain, and limited acreage do not allow for the mix of horses and hikers.
Individuals over the age of two years must wear masks, except when actively eating or drinking, in the following locations:
All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, maintenance facilities, concession facilities and all park restrooms.
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.
This restriction applies to NPS employees, volunteers, partners and contractors and all park visitors.
The preventative measure of wearing face masks as outlined above will remain effective until such time as the COVID-19 pandemic abates as declared by the CDC and/or as may be rescinded per Departmental or agency policy.
Determination: On January 20, 2021, the President signed Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing (E.O. 13991). As stated in E.O. 13991, it is the policy of the Administration to halt the spread of coronavirus disease 2019 (COVID–19) by relying on the best available data and science-based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC).
On January 24, 2021, the Office of Management and Budget issued M-21-15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles to provide guidance to federal agencies on implementing E.O. 13991. M-21-15 contains model safety principles that apply CDC guidelines related to mask-wearing and physical distancing to the federal workplace.
On January 29, 2021, the Acting Secretary of the Interior issued a memorandum entitled Protecting Our Workforce by Requiring Mask-Wearing. This memorandum reaffirmed the Administration’s commitment to an urgent, robust, and professional response to the COVID-19 pandemic. The Memorandum requires all onsite employees, contractors, and volunteers to wear a mask or face covering at all times while in Department buildings or on federal public lands when physical distancing of 6 feet or more is not possible.
On February 2, 2021 the National Park Service Deputy Director, Operations issued a memo Implementing Executive Order No. 13991: Protecting the Federal Workforce and Requiring Mask-Wearing that gave further direction to park superintendents.
Determination: 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.
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.
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: Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Missouri National Recreational River is closed to the use of these devices. The use of unmanned aircraft within the boundaries of Missouri National Recreational River has the potential to negatively impact the privacy of adjacent landowners 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 property. Unmanned aircraft could harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area.
This closure is being implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.
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:
§2.17 Aircraft & Air Delivery:
§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).
§2.50(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).
§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:
§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.
Ill. GENERAL REGULATIONS
Last updated: February 10, 2021