National Park Service
U.S. Department of the Interior
Superintendent's Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Delegated Authority
Applied in addition to the provisions of Title 36 Code of Federal Regulations, Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3. Reference NPS Management Policies 2006.
William Howard Taft National Historic Site
2038 Auburn Ave.
Cincinnati, Ohio 45219
513-684-3262 Phone
513-684-3627 fax
Approved by: Jewel Harris, Superintendent April 18, 2024
A. INTRODUCTION
In accordance with applicable law and policy, and pursuant to the delegated authorities provided in Title 36, Code of Fede3ral Regulations, Chapter 1 (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of William Howard Taft National Historic Site. This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.
The compendium actions in this document apply in addition to all other laws that apply to lands and waters administered by the NPS within the boundaries of William Howard Taft National Historic Site. These include:
Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found at www.ecfr.gov. Click on “Title 36” and then “Chapter 1” to access 36 CFR.
Statute codified in U.S. Code, in particular provisions in Titles 16 and 54.
This Compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority to take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print.
Please contact the Superintendent of William Howard Taft National Historic Site if you have any questions or comments about the Superintendent’s Compendium.
NPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this Compendium, those definitions apply.
NPS Photo / Tom Engberg
1. 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 CFT, 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 National Park system, 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.
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 National Park system.
A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
2. Laws & Policies Allowing the Superintendent to Develop this Compendium
The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 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: (16 U.S.C. Section 1). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (16 U.S.C. Section 3).
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 (16 U.S.C. Sections la1-1a8), 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 areas of the National Park System, as defined by Section 1 of this Title, to the common benefit of all people of the United States.”
16 U.S.C. Section 1c 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 of the 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 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.
3. Consistency of this Compendium with Applicable Federal Law & 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 small entities nor impose a significant cost of 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 the 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.
4. 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 a particular National Park System area. The requirements of the Superintendent’s Compendium are developed though 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?
5. 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.
NPS Law Enforcement Park Rangers enforce the requirements of the United States Code, 36 CFR, and this Superintendent’s Compendium.
7. 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 Chief Ranger.
8. 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
William Howard Taft National Historic Site
2038 Auburn Avenue
Cincinnati, OH 45219
9. Effective Date of the Superintendent's Compendium
The Superintendent's Compendium is effective on the approval date listed on the first page of this document (top of document) and remains in effect until revised for a period of up to one year.
10. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
11. Availability
Copies of the Compendium are available at Copies of the Compendium are available at William Howard Taft National Historic Site.
B. WILLIAM HOWARD TAFT NATIONAL HISTORIC SITE 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 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 William Howard Taft National Historic Site. 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.
Congress established William Howard Taft National Historic Site, a unit of the National Park Service, by Public Law 91-132 on December 2, 1969. H.R. l 000 would redraw the boundary of the Taft historic site to include two parcels of land contiguous to the site. The administration, development, and maintenance of the William Howard Taft National Historic Site is exercised by the Secretary of Interior in accordance with the provisions of the act commonly referred to as the National Park Service Organic Act, which is, "An Act to establish a National park Service and for other purposes", approved August 25, 1916, as amended (16 U.S.C. l et seq.), and an act popularly known as the Historic Sites Act, which is, ·'An Act to provide for the preservation of historic American sites, buildings objects 7 antiques of national significance, and for other purposes", approved August 21, 1935. The site was established specifically to "Preserve in public ownership historically significant properties associated with the life of William Howard Taft."
The historic site is dedicated to commemorating the public service life of William Howard Taft and preserving the setting of his birthplace to ensure that it is left unimpaired for the education, inspiration, and enjoyment of future generations.
I. 36 CFR §1.5 - CLOSURES AND PUBLIC USE LIMITS
(a)(1) Visiting hours, public use limits and closures
VISITING HOURS:
The grounds of William Howard Taft National Historic Site is open from sunrise to sunset with the exception of fenced and gate areas which are open from 8 am to 5 pm. The Taft Education Center (TEC) is open from 8:30 am to 4:45 pm, except for federal holidays. Emergency closures for winter storms or other incidents will be posted and/or announced through traditional and social media.
Reason for Determination:Closing the park in the evening and on federal holidays is necessary because the NPS does not have sufficient staff to manage visitors during those times. In addition, it is more difficult for visitors to stay on designated paths and trails, and outside of closed areas, during the evening. Leaving these areas can cause significant damage to the natural and cultural resources in the park, including plants, wildlife, and archeological sites.
PUBLIC USE LIMITS:
Visitors of the Taft home must be accompanied by a staff member. Carrying large bags or consuming food or beverages in the home is prohibited.
Reason for Determination:To protect and preserve the historic structure and furnishings.
Commercial photography of the Hiram Powers bust of Alphonso Taft is prohibited.
Reason for Determination:To protect intellectual property as the NPS does not own the rights to this sculpture.
Parking in the rear overflow parking lot is limited to NPS staff, contractors, and the visiting public. Vehicles dropping off or picking up students from the Mount Auburn Preparatory Academy School are limited to 15 minutes to load or unload passengers.
Reason for Determination:Parking spaces are limited and needed for park operations and the visiting public. Allowances will be made for short term drop-offs and pick-ups as long as the drivers stay with their vehicles and stay no longer than 15 minutes as to not interfere with park operations.
(a)(2) Designated areas, conditions or restrictions on a use or activity.
CONDITIONS OR RESTRICTIONS ON A USE OR ACTIVITY - UNMANNED AIRCRAFT (UAS / DRONES)
Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the NPS within the boundaries of William Howard Taft National Historic Site is prohibited except as approved in writing by the Superintendent.
Reason:This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.
The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.
Launching or landing uncrewed aircraft. 36 CFR 1.5
Specimen collection for research purposes. 36 CFR 2.5
Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6
Camping in day use areas. 36 CFR 2.6
Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12
Operating a public address system 36 CFR 2.12
Delivery or retrieval of a person or object by parachute, helicopter or other airborne means. 36 CFR 2.17
Soliciting or demanding gifts, money, goods or services. 36 CFR 2.37
Using, possessing, storing, or transporting explosives; using or possessing fireworks or firecrackers. 36 CFR 2.38
Conducting a special event. 36 CFR 2.50
Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51
Selling or distributing printed matter and other message-bearing items by groups of more than 25 people. 36 CFR 2.52
Running-at-large, herding, driving across, allowing on, pasturing, or grazing of livestock or using the park for agriculture. 36 CFR 2.60
Residing on federal lands. 36 CFR 2.61
Scattering of human ashes from cremation. 36 CFR 2.62
Towing a person using a parasail, hang-glider, or other airborne device 36 CFR 3.12
Operating a submersible. 36 CFR 5.3
Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1
Engaging in or soliciting any business. 36 CFR 5.5.
o Some audio recording (if conditions are met). 36 CFR 5.5
Using commercial vehicles on NPS-administered roads. 36 CFR 5.6
Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7
Rights-of-way. 36 CFR part 14
Examining ruins, excavating archeological sites, and gathering of objects of antiquity. 43 CFR part 3
Commercial filming. 43 CFR 5.2
Some still photography (if conditions are met). 43 CFR 5.2
Excavating or removing archeological resources. 43 CFR part 7
Collecting paleontological resources. 43 CFR part 49
Camping is prohibited at William Howard Taft National Historic Site.
Reason: William Howard Taft NHS does not have the facilities, grounds, or oversight for overnight use.
SECTION 2.11 - PICNICKING
Picnicking is available at the Southern Avenue public use area. Groups of five or less may picnic on the grounds of William Howard Taft NHS as long as there is no cooking involved and it does not interfere with visitor traffic.
Reason:The only picnic location designed to accommodate larger groups is the Southern Avenue public use area. Groups larger than 5 persons picnicking on the grounds of William Howard Taft NHS may interfere with or detract from the historical nature and visitor experience of the park.
Reason:Proper facilities/receptacles do not exist for the safe use of open or contained fires.
SECTION 2.15 - PETS
(a)(1) Pets are prohibited in the home and education center. On the grounds, pets are generally discouraged but if present they must always be leashed. This section does not apply to harnessed guide dogs accompanying impaired persons.
(a)(2) Pets must be restrained on a leash that shall not exceed 6 feet in length.
(a)(3) Leaving a pet unattended or tied to an object is prohibited.
(a)(5) Failing to properly dispose of pet excrement is prohibited.
Pet owners are responsible for their animals, including cleaning up and disposing of waste appropriately. Pet waste bags and trash receptacles are available in the park and should be utilized to protect the visitor experience and the historic nature of the park.
SECTION 2.21 - SMOKING
Smoking or utilizing Electronic Nicotine Delivery Systems is prohibited inside the Taft home and Taft Education Center.
Reason:Prohibiting smoking is necessary to protect park resources, reduce the risk of fire, and prevent conflicts among visitor use activities.
SECTION 2.35 - ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES
(a)(3) Closures to alcohol.
The Taft Education Center and Taft home are closed to alcoholic beverages except by conditions of a permit issued by the Superintendent.
Reason:To protect the visitor experience, historic nature, and furnishings of the Taft home and Education Center, the Superintendent has determined that the consumption and possession of alcohol shall be prohibited except for specific occasions and under the terms and conditions of a permit.
SECTION 2.51 - DEMONSTRATIONS AND DESIGNATED AVAILABLE PARK AREAS
(c)(2) – Designated location.
The flagpole located inside of the fence, and across front of the main entrance of the Taft Education Center (2048 Auburn Avenue Cincinnati, OH 45219) is designated as available for demonstrations. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures.
Reason:The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events.
SECTION 2.52 - SALE OF PRINTED MATTER AND THE DISTRIBUTION OF PRINTED MATTER AND OTHER MESSAGE-BEARING ITEMS
The flagpole located inside the fence, and across from the Taft Education Center (2048 Auburn Avenue Cincinnati, OH 45219) is designated as available for the sale or distribution of printed matter, and the free distribution of other message-bearing items. A permit is not required for these activities in the designated location if they involve 25 persons or fewer and do not involve structures.
Reason:The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events.
