Niobrara Scenic River Designation Act of 1991
NIOBRARA SCENIC RIVER DESIGNATION ACT OF 1991
Public Law 102–50, as amended
105 Stat. 254, as amended
Niobrara Scenic River Designation Act of 1991
50
105–362
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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Niobrara Scenic River Designation Act of 1991
1728
102
1991-05-24
Niobrara Scenic River Designation Act of 1991
[(Public Law 102–50; Approved May 24, 1991; 105 Stat. 254; 16 U.S.C. 1274 note)]
[As Amended Through P.L. 105–362, Enacted November 10, 1998]
[Currency: This publication is a compilation of the text of Public Law 102–50. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SECTION 1. SHORT TITLE.
This Act may be cited as the “Niobrara Scenic River Designation Act of 1991”.
SEC. 2. DESIGNATION OF THE RIVER.
[Added paragraph (117) to section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)).]
SEC. 3. STUDY OF 6-MILE SEGMENT.
(a) Study.—[Added paragraph (111) to section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)).]
(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-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 the Interior shall publish notification to that effect in the Federal Register.
SEC. 4. LIMITATIONS ON CERTAIN ACQUISITION.
(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.
(b) 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.
(a) Establishment.—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 matters 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 between 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 between 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.
(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 Chairperson. 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 Commission 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.
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 representatives of the affected States and political subdivisions thereof, affected Federal agencies, organized private groups, and such individuals 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 designated by the amendment made by section 2 of this Act, the Secretary shall permit the use of erosion control techniques, including 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.
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 adjacent to the recreational river segments designated by the amendments 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.
(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 activities, or management and 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 types of public use within the corridor areas that can be accommodated in accordance with the full protection of its resources.
(6) An analysis of the facilities deemed necessary to accommodate 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 Natural Resources of the Senate.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.