[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Pages 59725-59728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29131]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


Record of Decision

AGENCY: National Park Service, Interior.

ACTION: Record of Decision.

-----------------------------------------------------------------------

SUMMARY: Pursuant to regulations promulgated by the Council on 
Environmental Quality (40 CFR Section 1505.2) and the implementing 
procedures of the National Park Service (NPS) for the National 
Environmental Policy Act of 1969 (40 U.S.C. 1501 et seq.), the NPS has 
prepared this Record of Decision with respect to the general management 
plan and final environmental impact statement, Missouri/Niobrara/
Verdigre Creek National Recreational Rivers, Nebraska and South Dakota. 
This Record of Decision describes the recreational river management 
alternatives considered, mitigating measures adopted to avoid or 
minimize environmental impacts, and the reasoning behind the decisions 
reached.

FOR FURTHER INFORMATION CONTACT: Superintendent, Niobrara/Missouri 
National Scenic Riverways, 114 North Sixth Street, O'Neill, Nebraska 
68763-0591, or 402-336-3970.

SUPPLEMENTARY INFORMATION: Pub. L. 102-50, the Niobrara Scenic River 
Designation Act of 1991, amended section 3(a) of the Wild and Scenic 
Rivers Act of 1968 to designate as recreational rivers sections of the 
Missouri River, Niobrara River, and Verdigre Creek as listed below:
    Missouri River: The 39-mile section from the headwaters of Lewis 
and Clark Lake to the Fort Randall Dam.
    Niobrara River: The segment from the western boundary of Knox 
County to its confluence with the Missouri River (20 miles).
    Verdigre Creek: The segment from the north municipal boundary of 
Verdigre, Nebraska, to its confluence with the Niobrara River (8 
miles).
    The Act states these segments shall be administered by the 
Secretary of the Interior, who has delegated the task of planning and 
operation to the NPS. As such, the three segments have become a unit of 
the National Park System.
    The Wild and Scenic Rivers Act directs the administering agency to 
prepare a management plan and establish final boundaries for protection 
of important resources along designated rivers. The Act requires the 
managing agency to emphasize the protection of scenic, historic, 
archeological, and scientific features. It states that recreational use 
may be permitted as long as these values are not jeopardized. Under the 
Act, the boundary is 0.25 mile from the ordinary high water mark on 
both sides of the rivers until a final boundary is established.
    Decisions for management and boundary: The NPS selects Alternative 
5, the Preferred Alternative, for management of the National 
Recreational Rivers. The Preferred Alternative was developed by the 
planning team by combining aspects of two other action alternatives. It 
includes resource protection and a boundary similar to alternative 3 
and a management philosophy similar to alternative 2. This alternative 
neither encourages nor discourages increased visitor use. It also does 
not encourage additional or expanded agricultural practices. It 
strongly discourages construction of residences or other private 
development. Boundaries were delineated to include important river-
related habitat. Implementation of natural resource objectives would 
take precedence over other objectives where possible without loss of 
significant cultural resources. Management actions would be 
accomplished through cooperative associations with landowners, county 
governments, state and federal agencies, and private interest groups.
    The NPS will remain the administrator of the recreational rivers as 
authorized by Congress. The degree of NPS presence will depend on the 
success of local governments in maintaining existing landscapes and 
providing for recreational uses. To fulfill its river management 
responsibilities, the NPS will continue to have staff on or near the 
river to manage inherently federal requirements of the law, administer 
cooperative agreements, and monitor ongoing water, land and visitor use 
activities along the designated rivers.
    Alternative 5 emphasizes management for conserving, protecting, and 
restoring riverine biological diversity on public land and includes 
potential for technical assistance and incentives for private property 
owners to do the same. Implementation on private land would take place 
through local protection and restoration efforts, including federal 
standards for minimum protection requirements and the use of 
regulations and a flexible package of financial incentives, funding 
options, and technical assistance.
    Local concerns were expressed during public meetings regarding: an 
unwanted influx of visitors on the river; dangers the dynamic nature of 
the river presents to novice users; and increased river bank erosion 
caused by additional power boat use. Because of those concerns this 
alternative allows only for the replacement of river access sites lost 
to sedimentation and the improvement (not expansion) of existing 
facilities. Present recreational uses will continue (fishing, boating, 
hunting, etc.) and there could be expansion of visitor services and 
facilities as long as they did not add significant numbers of people to 
the river.
    The Alternative 5 boundary for the 39-mile stretch of the Missouri 
River includes the river, its islands, and a minimum setback of 200 
feet from the 1991 ordinary high water mark (32,000 cfs). Also included 
is the Karl Mundt National Wildlife Refuge and all other federal and 
state fee land within 0.25 mile of the river. In addition, significant 
cottonwood stands and land that would be covered by a U.S. Army Corps 
of Engineers (COE) high release of 60,000 cfs is included within the 
boundary. All fee and easement lands included in the boundary will 
continue to be managed by the present land managers.

[[Page 59726]]

    For the Niobrara and Verdigre Creek National Recreational Rivers 
the boundary includes the rivers, its islands, a minimum setback of 200 
feet from the ordinary high water mark, and significant natural areas 
as identified by the Nebraska Game and Parks Commission. The Niobrara 
National Recreational River boundary includes land that would be 
affected by a rise in the groundwater table as projected by the COE.
    Other management alternative considered:
    Alternative 1, No Action: In the no-action alternative the river 
area would continue to evolve without benefit of a coordinated, 
comprehensive effort by the NPS and its partners and generally would 
continue current trends. The current conditions include a mix of 
private property with some local, state, U.S. Fish and Wildlife 
Service, and COE management. Existing conditions would continue with 
varied management under federal, state, and local laws and by property 
owners with minimal coordination. The NPS would assign an individual to 
provide minimal monitoring of conditions along the rivers and limited 
coordination and review among federal, state, and local agencies. Other 
managing agencies, whether federal, state, or local, would work from 
existing offices and NPS staff would work at an undetermined location.
    The designation act established an interim boundary during the 
planning period. The boundary includes the three rivers, their islands, 
and land within 0.25 mile of the 1991 ordinary high water mark on each 
side of the rivers (see alternative 1 maps). The 0.25-mile boundary 
would remain in place under this alternative.
    Protection of the scenery and natural features would depend on 
existing or developing programs including county zoning, voluntary 
landowner covenants, and other private land strategies. It would be 
unrealistic to believe any of these controls or strategies would have 
as their primary goal the maintenance of wild and scenic river values. 
Therefore, the no action alternative was determined not to implement 
the Wild and Scenic Rivers Act on these rivers as Congress has directed 
and intended. The long-term protection of the river and adjacent land 
and provision of a good quality visitor experience could not be ensured 
under this alternative.
    Alternative 2, Rural Landscape Integrity and Character: This 
alternative would emphasize the rural landscape. It would maintain 
patterns of land use while protecting significant natural and cultural 
resources. This alternative seeks to stabilize visitor use at or near 
current levels. It allows for limited construction of new residences or 
other private development. Implementation of rural landscape objectives 
would be emphasized as long as significant natural and cultural 
resources were not compromised.
    Alternative 2 would rely heavily on the cooperation of local 
property owners and officials. Private land would be managed through 
local means such as zoning, land use management plans, or property 
owner agreements. The alternative would rely on counties and property 
owner agreements to develop standards for protecting private land and 
meeting the objectives and goals of this plan and the Wild and Scenic 
Rivers Act. Local plans consistent with the recreational river 
legislation incorporating voluntary practices that preserve the 
landscape and river values would be developed in cooperation with the 
NPS.
    The visitor experience under alternative 2 would be similar to the 
activities, orientation, and interpretation presently available. 
Interpretation and information would emphasize safety and preservation 
of the recreational rivers' values. Additional interpretation 
emphasizing land stewardship and the integrity of the landscape could 
be offered through cooperative efforts.
    The boundaries for the Missouri and Niobrara river segments under 
this alternative would include the river and its islands and be 
established as a 200-foot setback from the 1991 ordinary high water 
mark. COE land within 0.25 mile of the river is within the boundary. 
Along the Missouri River segment the Fort Randall historic site, 
Niobrara State Park, Verdel Landing, and Karl Mundt National Wildlife 
Refuge would be included to help depict the rural agrarian, natural, 
and historic character of the landscape. The Verdigre Creek boundary 
would be established as a 200-foot setback from the riverbank. All fee 
and easement lands included within the boundary would continue to be 
managed by the present land managers.
    Total land area above the 1991 ordinary high water mark for the 
Missouri National Recreational River would be 4,718 acres. Total land 
area above the 1991 ordinary high water mark for the Niobrara National 
Recreational River and Verdigre Creek would be 1,559 acres.
    Although NPS actions under this alternative would have minimal 
negative impacts to any of the resources, the boundary would not 
include some significant bottomland and periodically flooded areas that 
contribute to the biologic integrity of the river. The NPS has 
determined that alternative 2 is minimally acceptable in meeting the 
intent of the Wild and Scenic Rivers Act.
    Alternative 3, Riverine Biological Management: This alternative 
would emphasize the recreational rivers' biological diversity. It would 
improve the quantity, quality, and diversity of native plant and animal 
(primarily aquatic) habitat. A meandering river, eroding banks, 
sandbars, backwater areas, cottonwood forests, and instream snag 
habitat were characteristics of the pre-dam river that would be 
recreated where feasible.
    This alternative neither encourages nor discourages increased 
visitor use. It also does not encourage additional or expanded 
agricultural practices. It strongly discourages construction of 
residences or other private development. Boundaries were delineated to 
include important river-related habitat. Implementation of natural 
resource objectives would take precedence over other objectives where 
possible without loss of significant cultural resources.
    The primary goal of this alternative would be to protect and 
restore the Missouri River and the lower stretches of the Niobrara 
River and Verdigre Creek as a nearly natural ecosystem.
    The boundary for the Missouri National Recreational River under 
this alternative would include the river, its islands, and a minimum 
setback of 200 feet from the 1991 ordinary high water mark. Also 
included is the Karl Mundt National Wildlife Refuge and all other 
federal and state land within 0.25 mile of the river. Other criteria 
used in determining the remaining land inside the boundary include 
significant biological bottomland as defined by the Nebraska Game and 
Parks Commission and land that would be covered by a COE release of 
60,000 cfs. All fee and easement lands included within the boundary 
will continue to be managed by the present land managers.
    The boundary for the Niobrara National Recreational River would 
include a minimum setback of 200 feet from the riverbank plus 
significant biological bottomland areas as identified by the Nebraska 
Game and Parks Commission. Also included are COE projections for areas 
that might be affected by a rise in the water table. The Verdigre Creek 
boundary would include a minimum setback of 200 feet from the riverbank 
plus significant biological bottomland as identified by the Nebraska 
Game and Parks Commission. Total land area above the 1991 ordinary high 
water mark for the Missouri National Recreational River would be

[[Page 59727]]

10,463 acres. Total land area above the 1991 ordinary high water mark 
for the Niobrara National Recreational River and Verdigre Creek would 
be 5,962 acres.
    The NPS has determined that this alternative would be fully 
acceptable and would meet the intent of the Wild and Scenic Rivers Act.
    Alternative 4, Visitor Use Balanced with Resources Protection: 
Consistent with resource protection and goals and objectives of the 
general management plan, implementation of recreational uses would be 
emphasized in this alternative. The NPS and its partners would be 
actively involved in day-to-day management of the rivers. Private and 
public recreational development (including river access points, scenic 
roads, trails, and structures) would remain, and some future expansion 
is envisioned. Land needed for visitor facilities would be acquired 
from willing sellers. Additional sites or improvements are proposed in 
Nebraska near the Pishelville Bridge, Sunshine Bottom, and Verdigre 
Creek. Additional locations for primitive camping along the river could 
be developed if warranted by increased recreation demand. 
Interpretation of cultural and natural resources would be important for 
resource protection as well as for visitor education and enjoyment.
    Natural features of the landscape would be maintained, such as 
sandbars and beaches, backwater areas for recreational fishing, and 
open spaces. Cooperative efforts to enhance backwater areas, sandbars, 
and other habitats would be encouraged to preserve resources and 
increase recreational fishery and wildlife viewing opportunities. 
Significant resources would be inventoried and monitored to protect 
river-related resources from visitor use and other recreational 
stresses.
    This alternative encourages the continuation of agricultural 
practices and landscapes as important elements of pastoral scenes that 
visitors can enjoy. It encourages compatible agricultural practices, 
and it allows for an increase in construction of residences within the 
residential and other private development land class.
    The boundary would include a minimum setback of 200 feet from the 
riverbank, plus significant resource areas and potential public use 
areas on the rivers. Karl Mundt National Wildlife Refuge, Niobrara 
State Park, and Fort Randall historic site are included within the 
boundary in this alternative because they are public facilities that 
contribute to the goals of the alternative. Other state land and COE 
fee land within 0.25 mile of the 1991 ordinary high water mark would 
also be included. All fee and easement land included within the 
boundary would continue to be managed by the present land managers.
    Total land area above the 1991 ordinary high water mark for the 
Missouri National Recreational River is 6,443 acres. Total land area 
above the 1991 ordinary high water mark for the Niobrara National 
Recreational River and Verdigre Creek is 1,492 acres.
    The NPS feels this alternative allows for the protection of 
sufficient bottomlands and other biologically important lands to fully 
comply with the Wild and Scenic Rivers Act. Because of local concerns 
regarding increased river traffic this alternative was not selected.
    Measures to Minimize Harm: Because few specific land purchase or 
construction projects are proposed and the alternatives are general 
strategies for long-term management, the consequences are assessed in 
general terms. Foreseeable short term impacts are identified along with 
long-term impacts and potential mitigating measures. The impacts of all 
the action alternatives are similar.
    Recreational use of the river has been relatively stable but with 
no coordinated management. The selected alternative provides for 
increased visitor management and for controls to be placed on visitor 
use if resources are threatened by that use or if negative visitor 
experiences result from increased use of the rivers.
    New boat access areas are permitted to replace access areas lost to 
sedimentation. The selected sites could cover several acres each. Some 
habitat would be lost, temporary construction induced siltation could 
occur, but would be minimized through appropriate construction 
techniques. Public access sites would be checked for fossils or 
cultural artifacts before and during construction. If either were found 
the state historical society and/or appropriate Indian tribes would be 
consulted.
    Suggested guidelines for development are available in each 
alternative. Recreational home developments have been occurring along 
the Missouri River. The selected alternative acts to control these 
developments. Currently there is no zoning in any of the counties. 
Along with the guidelines, cooperative land owner agreements, voluntary 
easements, and deed restrictions could be used to control development. 
If the guidelines and other methods of control are not successful and 
continued development threatens river resources the plan states that 
the current policy of no-condemnation will have to be revisited.
    Farming and ranching are recognized as valuable tools in 
maintaining the rural nature of the area. Current levels of use and 
methods have not been detrimental to the rivers and no controls are 
foreseen. The NPS would encourage best management practices be in place 
and for good land stewardship to continue.
    Specific impacts and measures that would be taken to mitigate 
potential negative impacts are described in the Final Environmental 
Impact Statement on pages 144-187. Compliance with existing laws and 
executive orders is described on pages 188-193.
    Comments on the draft and final general management plan and 
environmental impact statement (GMP/EIS): The draft GMP/EIS was 
released to the public on July 12, 1996. Approximately 1,100 copies of 
the draft plan were mailed to federal, state, and local officials, 
organizations, and individuals. Public meetings were held between 
August 13-21 in Yankton, Pickstown, Springfield, and Wagner, South 
Dakota; and Norfolk, Niobrara, Verdigre, Verdel, and Spencer, Nebraska. 
The public comment period ended September 14, 1996.
    A total of 75 written comments were received during the public 
review period. A majority of the comments came from the local area and 
suggested the rivers be deauthorized as a component of the Wild and 
Scenic Rivers System. Because this would require an additional act of 
Congress, the NPS cannot comply with these suggestions, and would not 
support such a proposal.
    Some comments were directed towards the silt aggradation occurring 
in the Missouri and Niobrara rivers. The siltation is a result of 
decreased water flow velocity as it enters Lewis and Clark Lake. The 
reduced water velocity decreases the silt load carrying capacity of the 
river and causes deposition (aggradation). This is not a result of the 
recreational river designation or the general management plan. The NPS 
has agreed to work cooperatively with the COE to explore viable 
solutions to the problem.
    In July 1997 the final GMP/EIS was printed and distributed to more 
than 300 individuals, agencies, and organizations. In the document the 
NPS named the preferred alternative and boundary. There were seven 
comments received on the final plan, one from a federal agency, two 
from private organizations, and four from landowners. To the extent 
possible comments and concerns therein have

[[Page 59728]]

been addressed in the following section and/or other sections of this 
document.
    Clarifications requested through written comments: The NPS would 
consider boat access areas inside and outside the boundary that serve 
the recreational rivers as replaceable if substantial access was lost 
as a result of sediment aggradation in the river. Ramps lost outside 
the recreational river boundary could be replaced within the boundary. 
Examples of access areas serving the recreational rivers that are lost, 
or threatened are the Missouri River access areas at Springfield and 
Running Water, South Dakota, and Niobrara, Nebraska.
    The NPS decision to not actively promote recreational use on the 
river was based on input of the Federal Advisory Commission in 
consultation with the Secretary of the Interior during the development 
of the plan, by local representatives on the planning team, and by 
comments received from the general public during the planning process. 
The Wild and Scenic Rivers Act, Section 10(a) allows for ``management 
plans for any such component'' to ``establish varying degrees of 
intensity for its protection and development, based on the special 
attributes of the area.'' In this case the NPS feels there are 
legitimate safety concerns resulting from shifting sand bars and a 
significant increase in power boat use on the Missouri National 
Recreational River. Canoeing danger exists from the high winds that 
frequent the area and the width of the river. While the NPS has agreed 
not to actively promote increased use there is recognition in the plan 
that increased use may occur as the result of actions taken by others. 
As long as those actions do not threaten river resources or add 
significant visitor numbers to the river NPS will act to guide such 
growth rather than restrict it.
    While local governments clearly have existing local law enforcement 
responsibilities and cooperative relations will be sought, all 
references to law enforcement in the final plan should be understood to 
mean that the NPS will not delegate Federal law enforcement 
responsibilities with respect to the water surfaces and on lands it 
owns, or other inherently Federal responsibilities as described in the 
statutes related to the administration of the National Park System, the 
Wild and Scenic Rivers Act, and the Act establishing the Missouri/
Niobrara/Verdigre Creek National Recreational Rivers.
    The COE has purchased flood easements on some of the periodically 
flooded land along the Missouri and Niobrara rivers. This land remains 
in private landownership but the COE possesses the right to flood the 
land. The NPS would not affect the easement relationship between 
private landowners and the COE. Neither would the NPS boundary alter 
the payments under the Payment in Lieu of Taxes Act. The periodically 
flooded land is included within the boundary not because it is COE 
easement land but because of its contribution to fish and wildlife 
habitat.
    Currently the Yankton Sioux Tribe is challenging the size and 
location of its reservation boundary. When a final outcome is 
determined the NPS will honor the final court decision. Until that time 
any NPS management actions within the disputed area will be minimal and 
dependent on cooperative agreement with private landowners and the 
Yankton Sioux Tribe.
    The recreational river boundary maps depicted in the final GMP 
include public lands such as the USFWS Karl Mundt National Wildlife 
Refuge, as well as easement lands. The Vicinity/Study Area map on page 
5 inadvertently portrayed USFWS easement land as a part of the refuge. 
That easement is not part of the Karl Mundt Refuge and should not have 
been portrayed as such on that map. The maps on pages 29, 49, 61, 73, 
and 87 accurately portray the easement land but the arrow points to it 
as a part of the Karl Mundt Refuge. That arrow should have been 
pointing to the lower section that is a part of the refuge and not to 
the easement land. The maps in the final GMP/EIS are designed to be 
general and for orientation purposes only, and have no formal standing. 
When the official boundary map for this unit is published the above 
mentioned errors will be corrected.
    Selection of the preferred alternative: All of the action 
alternatives for management of the rivers are considered acceptable 
from an environmental standpoint. The boundaries vary with each 
alternative and preference was placed on the alternatives that included 
significant wetlands and bottomlands. The preferred alternative was 
selected because it is considered the most effective alternative for 
meeting the legislative intent of protecting river values and 
maintaining the existing economic uses along the river. This 
alternative will require a minimum of Federal land acquisition, which 
is consistent with legislative intent. The selected alternative is not 
expected to have any significant adverse effects on natural or cultural 
values in the recreational river boundaries.

    Dated: October 27, 1997.
David N. Given,
Deputy Regional Director, Midwest Region.
[FR Doc. 97-29131 Filed 11-3-97; 8:45 am]
BILLING CODE 4310-70-P