Niobrara Scenic River Designation Act of 1991
PL 102-50 (S.248), enacted 05/24/1991

105 STAT. 254 
PUBLIC LAW 102-50—MAY 24, 1991 
Public Law 102-50 
102d Congress 
An Act 
May 24, 1991 
[S. 248] 
Niobrara Scenic 
River 
Designation 
Act of 1991. 
Natural 
resources. 
16 u s e 1271 
note. 
16 u s e 1274 
note. 
To amend the Wild and Scenic Rivers Act to designate certain segments of the 
Niobrara River in Nebraska and a segment of the Missouri River in Nebraska and 
South Dakota as components of the wild and scenic rivers system, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Niobrara Scenic River Designation 
Act of 1991". 
SEC. 2. DESIGNATION OF THE RIVER. 
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended by adding at the end thereof the following: 
"( ) NIOBRARA, NEBRASKA,—(A) 
The 40-mile segment 
from 
Borman Bridge southeast of Valentine downstream to its confluence 
with Chimney Creek and the 30-mile segment from the river's 
confluence with Rock Creek downstream to the State Highway 137 
bridge, both segments to be classified as scenic and administered by 
the Secretary of the Interior. That portion of the 40-mile segment 
designated by this subparagraph located within the Fort Niobrara 
National Wildlife Refuge shall continue to be managed by the 
Secretary through the Director of the United States Fish and Wild-
life Service. 
"(B) The 25-mile segment from the western boundary of Knox 
County to its confluence with the Missouri River, including that 
segment of the Verdigre Creek from the north municipal boundary 
of Verdigre, Nebraska, to its confluence with the Niobrara, to be 
administered by the Secretary of the Interior as a recreational river. 
"After consultation with State and local governments and the 
interested public, the Secretary shall take such action as is required 
under subsection (b) of this section. 
"( 
) MISSOURI RIVER, NEBRASKA AND SOUTH DAKOTA.—The 39-
mile segment from the headwaters of Lewis and Clark Lake to the 
Ft. Randall Dam, to be administered by the Secretary of the Interior 
as a recreational river.". 
SEC. 3. STUDY OF 6-MILE SEGMENT. 
(a) STUDY.—Section 5(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1276(a)) is amended by adding the following at the end: 
"( ) NIOBRARA, NEBRASKA.—The 6-mile segment of the river from 
its confluence with Chimney Creek to its confluence with Rock 
Creek.". 
(b) WATER RESOURCES PROJECT.—If, within 5 years after the date 
of enactment of this Act, funds are not authorized and appropriated 
for the construction of a water resources project on the 6-mile 
segment of the Niobrara River from its confluence with Chimney 
Creek to its confluence with Rock Creek, at the expiration of such 5-
PUBLIC LAW 102-50—MAY 24, 1991 
105 STAT. 255 
year period the 6-mile segment shall be designated as a component 
of the National Wild and Scenic Rivers System by operation of law, 
to be administered by the Secretary of the Interior in accordance 
with sections 4 and 5 of this Act and the applicable provisions of the 
Wild and Scenic Rivers Act (16 U.S.C. 1271-1287). The Secretary of Federal 
the Interior shall publish notification to that effect in the Federal K^gjf^^f.' 
Register. 
publication. 
SEC. 4. LIMITATIONS ON CERTAIN ACQUISITION. 
16 USC 1274 
(a) LIMITATIONS.—In the case of the 40-mile and 30-mile segments 
of the Niobrara River described in the amendment to the Wild and 
Scenic Rivers Act made by section 2 of this Act, the Secretary of the 
Interior shall not, without the consent of the owner, acquire for 
purposes of such segment land or interests in land in more than 5 
percent of the area within the boundaries of such segments, and the 
Secretary shall not acquire, without the consent of the owner, fee 
ownership of more than 2 percent of such area. The limitations on 
land acquisition contained in this subsection shall be in addition to, 
and not in lieu of, the limitations on acquisition contained in section 
6 of the Wild and Scenic Rivers Act. 
0?) FINDING; EXCEPTION.—The 5 percent limitation and the 2 
percent limitation contained in subsection (a) of this section shall 
not apply if the Secretary of the Interior finds, after notice and 
opportunity for public comment, that State or local governments are 
not, through statute, regulation, ordinance, or otherwise, adequately 
protecting the values for which the segment concerned is designated 
as a component of the national wild and scenic rivers system. 
SEC. 5. NIOBRARA SCENIC RIVER ADVISORY COMMISSION. 
16 USC 1274 
(a) EsTABUSHMENT.—There is hereby established the Niobrara 
Scenic River Advisory Commission (hereinafter in this Act referred 
to as the "Commission"). The Commission shall advise the Secretary 
of the Interior (hereinafter referred to as the "Secretary") on mat-
ters pertaining to the development of a management plan, and the 
management and operation of the 40-mile and 30-mile segments of 
the Niobrara River designated by section 2 of this Act which lie 
outside the boundary of the Fort Niobrara National Wildlife Refuge 
and that segment of the Niobrara River from its confluence with 
Chimney Creek to its confluence with Rock Creek. 
(b) MEMBERSHIP.—The Commission shall consist of 11 members 
appointed by the Secretary— 
(1) 3 of whom shall be owners of farm or ranch property 
within the upper portion of the designated river corridor be-
tween the Borman Bridge and the Meadville; 
(2) 3 of whom shall be owners of farm or ranch property 
within the lower portion of the designated river corridor be-
tween the Meadville Bridge and the bridge on Highway 137; 
(3) 1 of whom shall be a canoe outfitter who operates within 
the river corridors; 
(4) 1 of whom shall be chosen from a list submitted by the 
Governor of Nebraska; 
(5) 2 of whom shall be representatives of the affected county 
governments or natural resources districts; and 
(6) 1 of whom shall be a representative of a conservation 
organization who shall have knowledge and experience in river 
conservation. 
105 STAT. 256 
PUBLIC LAW 102-50—MAY 24, 1991 
(c) TERMS.—Members shall be appointed to the Commission for a 
term of 3 years. A member may serve after the expiration of his 
term until his successor has taken office. 
(d) CHAIRPERSON; VACANCIES.—The Secretary shall designate 1 of 
the members of the Commission, who is a permanent resident of 
Brown, Cherry, Keya Paha, or Rock Counties, to serve as Chair-
person. Vacancies on the Commission shall be filled in the same 
manner in which the original appointment was made. Members of 
the Commission shall serve without compensation, but the Secretary 
is authorized to pay expenses reasonably incurred by the Commis-
sion in carrying out its responsibilities under this Act on vouchers 
signed by the Chairperson. 
(e) TERMINATION.—The Commission shall cease to exist 10 years 
from the date of enactment of this Act. 
16 use 1274 
SEC. 6. MISSOURI RIVER PROVISIONS. 
(a) ADMINISTRATION.—The administration of the Missouri River 
segment designated in section 2 of this Act shall be in consultation 
with a recreational river advisory group to be established by the 
Secretary. Such group shall include in its membership representa-
tives of the affected States and political subdivisions thereof, af-
fected Federal agencies, organized private groups, and such individ-
uals as the Secretary deems desirable. 
(b) BRIDGES.—The designation of the Missouri River segment by 
the amendment made by section 2 of this Act shall not place any 
additional requirements on the placement of bridges other than 
those contained in section 303 of title 49, United States Code. 
(c) EROSION CONTROL.—Within the Missouri River segment des-
ignated by the amendment made by section 2 of this Act, the 
Secretary shall permit the use of erosion control techniques, includ-
ing the use of rocks from the area for streambank stabilization 
purposes, subject to such conditions as the Secretary may prescribe, 
in consultation with the advisory group described in subsection (a) of 
this section, to protect the resource values for which such river 
segment was designated. 
16 use 1274 
SEC. 7. NATIONAL RECREATION AREA STUDY. 
(a) IN GENERAL.—The Secretary of the Interior, acting through the 
Director of the National Park Service, shall undertake and complete 
a study, within 18 months after the date of enactment of this 
section, regarding the feasibility and suitability of the designation of 
lands in Knox County and Boyd County, Nebraska, generally adja-
cent to the recreational river segments designated by the amend-
ments made by section 2 of this Act and adjacent to the Lewis and 
Clark Reservoir, as a national recreation area. The Secretary may 
provide grants and technical assistance to the State of Nebraska, the 
Santee Sioux Indian Tribal Council, and the political subdivisions 
having jurisdiction over lands in these 2 counties to assist the 
Secretary in carrying out such study. The study under this section 
shall be prepared in consultation with the Santee Sioux Tribe, 
affected political subdivisions, and relevant State agencies. The 
study shall include as a minimum each of the following: 
(1) A comprehensive evaluation of the public recreational 
opportunities and the flood plain management options which 
are available with respect to the river and creek corridors 
involved. 
PUBLIC LAW 102-50—MAY 24, 1991 
105 STAT. 257 
(2) An evaluation of the natural, historical, paleontological, 
and recreational resources and values of such corridors. 
(3) Recommendations for possible land acquisition within the 
corridor which are deemed necessary for the purpose of resource 
protection, scenic protection and integrity, recreational activi-
ties, or management £ind administration of the corridor areas. 
(4) Alternative cooperative management proposals for the 
administration and development of the corridor areas. 
(5) An analysis of the number of visitors and t3rpes of public 
use within the corridor aresis that can be accommodated in 
accordance with the full protection of its resources. 
(6) An analysis of the facilities deemed necessary to accommo-
date and provide access for such recreational uses by visitors, 
including the location and estimated costs of such facilities. 
(b) SUBMISSION OF REPORT.—The results of such study shall be 
transmitted to the Committee on Interior and Insular Affairs of the 
House of Representatives and the Committee on Energy and Natu-
ral Resources of the Senate. 
SEC. 8. STUDY OF FEASIBILITY AND SUITABILITY OF ESTABLISHING 16 USC la-5 
NIOBRARA-BUFFALO PRAIRIE NATIONAL PARK. 
note. 
(a) IN GENERAL.—The Secretary of the Interior shall undertake 
and complete a study of the feasibility and suitability of establishing 
a national park in the State of Nebraska to be known as the 
Niobrara-Buffalo Prairie National Park within 18 months after the 
date of enactment of this Act. 
(b) AREA TO BE STUDIED.—The areas studied under this section 
shall include the area generally depicted on the map entitled 
"Boundary Map, Proposed Niobrara-Buffalo Prairie National Park", 
numbered NBP-80,000, and dated March 1990. The study area shall 
not include any lands within the boundaries of the Fort Niobrara 
National Wildlife Refuge. 
(c) RESOURCES.—In conducting the study under this section, the 
Secretary shall conduct an assessment of the natural, cultural, 
historic, scenic, and recreational resources of such areas studied to 
determine whether they are of such significance as to merit inclu-
sion in the National Park System. 
(d) STUDY REGARDING MANAGEMENT.—In conducting the study 
under this section, the Secretary shall study the feasibility of man-
aging the area by various methods, in consultation with appropriate 
Federal agencies, the Nature Conservancy, and the Nebraska Game 
and Parks Commission. 
(e) SUBMISSION OF REPORT.—The results of the study shall be 
submitted to the Committee on Interior and Insular Affairs of the 
House of Representatives and the Committee on Energy and Natu-
ral Resources of the Senate. 
105 STAT. 258 
PUBLIC LAW 102-50—MAY 24, 1991 
16 u s e 1274 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are hereby authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this Act. 
Approved May 24, 1991. 
LEGISLATIVE HISTORY—S. 248: 
HOUSE REPORTS: No. 102-51, Pt. 1 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 102-19 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Apr. 17, considered and passed Senate. 
May 14, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
May 24, Presidential statement.