Laws & Policies

Superintendent's Compendium

A. INTRODUCTION

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 CFR, 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 preserve and protect the natural and cultural resources of the park, manage visitor use, provide for visitor safety, and protect 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 prohibiting 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.

A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, National Park Service Abraham Lincoln Birthplace 2295 Lincoln Farm Road Hodgenville, KY 42748 U.S. Department of the Interior National Historical Park Superintendent’s Compendium Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority 270-358-3137 phone www.nps.gov/abli Abraham Lincoln Birthplace National Historical Park: Revised November 10, 2022 however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.

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

The CFR is also available online at: https://www.law.cornell.edu/cfr/text/36/chapter-I

2. Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) Section 1 et.seq. (Organic Act of 1954, 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” (54 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” (54 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 (54 U.S.C. Sections 1a1-1a8), 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 1954.

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, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”

54 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, National Park Service, in the form of Director’s Orders. As stated in NPS 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 visitors 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 area 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 Abraham Lincoln Birthplace National Historical Park: Revised November 10, 2022 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 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, 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.

The actions and requirements described in this 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 554 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 any particular park or specific park area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
• Is the use or activity consistent with the NPS Title 54 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.

6. Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers and United States Park Police enforce the requirements of the United State 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 thisCompendium, 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, andshall be adjudged to pay all court costs associated with any court proceedings. You may receive a list offines associated with any particular provision by contacting the US Park Police or the park address.

8. Comments on the Compendium

The Compendium is reviewed annually and revised as necessary. The park welcomes comments aboutAbraham Lincoln Birthplace National Historical Park: Revised November 10, 2022its program and activities at any time.

9. Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of thisdocument and remains in effect until revised.

10. Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4Definitions.

11. Availability

Copies of the Compendium are available at:
Abraham Lincoln Birthplace
National Historical Park
2295 Lincoln Farm Road
Hodgenville, KY 42748

It may also be found at: https://www.nps.gov/abli/learn/management/lawsandpolicies.htm

Superintendent’s CompendiumIn accordance with regulations and the delegated authority provided in Title 36, Code of FederalRegulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 United States Code, Section 3, thefollowing provisions apply to all lands and waters administered by the National Park Service, within theboundaries of Abraham Lincoln Birthplace National Historical Park. Unless otherwise stated, theseregulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

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 thisCompendium, 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, andshall be adjudged to pay all court costs associated with any court proceedings. You may receive a list offines associated with any particular provision by contacting the US Park Police or the park address.

8. Comments on the Compendium

The Compendium is reviewed annually and revised as necessary. The park welcomes comments aboutAbraham Lincoln Birthplace National Historical Park: Revised November 10, 2022its program and activities at any time.

9. Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of thisdocument and remains in effect until revised.

10. Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4Definitions.

11. Availability

Copies of the Compendium are available at:Abraham Lincoln BirthplaceNational Historical Park2295 Lincoln Farm RoadHodgenville, KY 42748It may also be found at: https://www.nps.gov/abli/learn/management/lawsandpolicies.htm

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 54 United States Code, Section 3, thefollowing provisions apply to all lands and waters administered by the National Park Service, within theboundaries of Abraham Lincoln Birthplace National Historical Park. Unless otherwise stated, theseregulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

PART 1—General Provisions

§ 1.5 Closures and public use limits.

Areas Posted as Closed
(a)(1) Entering any area of the park which has been posted or signed as closed, or which has been designated as closed by the Superintendent, is prohibited. Justification: Closures may be necessary for a variety of reasons including site restoration, protection of sensitive or threatened species and protection of visitor safety.

(a)(1) Entry into all areas of the Abraham Lincoln Birthplace National Historical Park prohibited from sunset to sunrise every day. All vehicles must be removed from the gated Birthplace and Visitor Center by designated closing time. All vehicles must be removed from the picnic area parking lot prior to sunset. Exceptions will be made in case of after-hours programs led by National Park Service staff. Visiting Hours
• The Birthplace Visitor Center is open 7 days a week, 9:00 am to 5:00 pm (EST). • The Memorial Building is open 7 days a week, 9:00 am to 4:30 pm (EST).
• The Knob Creek Tavern Visitor Center is open 5 days a week, Memorial Day through Labor Day and on weekends during April, May, September and October. Hours are from 10:00 am to 4:00 pm (EST).
• Park grounds, including trails, are open daylight hours (dawn to dusk) year-round.
• Park administration is open 8:00 am – 5:00 pm, Monday through Friday, year-round. Offices are closed during all Federal Holidays.
• The Visitor Center is closed on Thanksgiving, Christmas, and New Year’s Day. • • Necessary closures, including partial closures, or delayed openings (due to inclement weather for example), will be posted at: https://www.nps.gov/abli

Park hours of operation may be adjusted at the discretion of the Superintendent for various reasons including but not limited to staffing limits, operational needs and requirements, visitor and employee safety, and special events and/or permits. Extended hours will only occur with approval from the Superintendent
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Road Closures
(a)(1) Designated park roads may be temporarily closed on occasions when a hazardous condition exists or when required by other circumstances to protect the safety of the public. Operating a motor vehicle in violation of such closures is prohibited. Justification: Examples of circumstances which might lead to such closures include, but are not limited to, ice and snowstorms, road construction and maintenance, vehicular accidents and hazardous materials spills. Road closures during these types of situations may be necessary for public safety and welfare. IDLING DIESEL-FUELED VEHICLES

(a)(1) The Maintenance shop, related areas and roads are closed to the public except by special permission from the superintendent. Justification: These roads and facilities are not built or maintained for visitor use. Limited administrative use consistent with necessary Park operations is permitted to provide access to Park facilities. Where authorized by permit, such use of administrative roads is authorized. However, this use is limited to that required to accomplish the purposes of the permit, work agreement or incident response. Keeping these areas closed should not result in any adverse impact on visitor use.

(a)(1) Operators of diesel-fueled vehicles are prohibited from idling their engines within the park. Justification: The noise and fumes caused by these engines disturbs other park visitors and wildlife.

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Use of Generators

(a)(1) The use of generators within the park is prohibited unless authorized by the superintendent under a special use permit. Their use will only be authorized for purposes that benefit the park and its visitors. Justification: The noise created by generators negatively affects the enjoyment of other park visitors and disturbs wildlife.
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Hunting

(a)(1) Any form of hunting, or the possession of a loaded rifle or shotgun is prohibited. Possession of a loaded black powder rifle for the purpose of hunting, is prohibited. Justification: Hunting is incompatible with the historic mission of the park and poses a safety hazard to visitors.
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Stacking Rocks or Similar Activities

(a)(1) Stacking rocks for any purpose or using rocks to create any sort of rock structure is prohibited. Justification: The use of rocks to construct cairns, chairs, benches and other rock structures alters the landscape from its natural condition and in many cases detracts from the scenic beauty of the park. Disturbing rocks from their natural state can also alter or destroy habitat for a wide range of plant and animal species.
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Recreation The following activities are prohibited throughout the park:
• Flying of kites and similar devices
• Sunbathing
• Athletic-type games and sports with or without equipment
• Use of Frisbees, balls, and similar objects considered recreational equipment or personal athletic equipment
• Tree climbing
Justification: These activities detract from the park's historical theme and legislatively mandated purpose, are a visual intrusion on the landscape, and interfere with visitors’ interpretive understanding.

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Geocaching and Similar Activities

(a)(2) Any activity (for example, the activity known as “geocaching”), which involves hiding or otherwise placing an item or items within the park or physically marking a location within the park, and which is done with the intent that such items or locations will be searched for or sought out by others, must be conducted pursuant to a permit issued by the Superintendent. Justification: Physically placing geocaches in the park without consulting with park management leads to the risk that sensitive or threatened resources may be damaged either by the individuals placing the geocache or by individuals seeking the geocache.
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Adventure Races and Similar Activities

(a)(2) Any activity in which persons compete with one another by traveling along a course within the park, including, but not limited to, triathlons, adventure races, ecochallenges, iron man competitions, hash house harrier games (also known as “hashing”), and other races or competitions of any sort are prohibited. Justification: Activities such as adventure races can significantly interfere with the use and enjoyment of other park visitors.

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Off-Trail Activities Involving More Than 25 Persons

(a)(2) Any land-based activity in which members of a group of more than 25 persons depart from an established road, trail or parking area must be conducted pursuant to a permit issued by the Superintendent. Justification: The use of off-trail areas by large groups results in significant impacts to park resources. The requirement of a permit allows park staff to work with the group to mitigate those impacts.
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Use of Unmanned Aircraft

(a)(1) Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of the Abraham Lincoln Birthplace National Historical Park is prohibited except as approved in writing by the Superintendent. 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, etc.). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones, etc.) that are used for any purpose, including for recreation or commerce. Justification: The use of unmanned aircraft has the potential to cause unacceptable impacts such as harming visitors, causing excessive noise, impacting viewsheds, and disturbing wildlife. Allowing the unrestricted use of unmanned aircraft before could result in unacceptable impacts to park resources, park values, and visitor safety.
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Use of Electronic Personal Assistance Mobility Devices Abraham Lincoln Birthplace National Historical Park: Revised November 10, 2022

(a)(2) The use of electronic personal assistance mobility devices (for example, the device marketed under the brand name "Segway") by persons with a disability will be allowed in all of the park's paved parking areas, provided that such devices display a valid, government issued placard indicating that the user has a disability. The use of such devices is prohibited elsewhere in the park. Justification: Electronic personal assistance mobility devices such as the Segway are not suited to the other, non-paved trails or spaces found within the park. All other spaces in the park contain sections that are either too steep, rocky or narrow to permit their negotiation by such devices.

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Use of Electronic Bicycles

The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). E-bikes are allowed in the park where traditional bicycles are allowed. Ebikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5). Except as specified in this Compendium, the use of an e-bike within the park is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited. Justification: National Park Service policy provides that electronic bicycles meeting the requirements outlined above and traditional bicycles will be generally regulated in the same manner. The park allows bicycles only on park roads and has no trails where bicycles of any sort are permitted.

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Mask Wearing

When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks. When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants. When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park. 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. Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status. Abraham Lincoln Birthplace National Historical Park: Revised November 10, 2022 Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas.
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Filming and Audio Recording

The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
• Outdoor filming or recording activities [outside of areas managed as wilderness] for personal use during daylight hours; commercial photography not using a prop, model or set; during normal daylight hours and for press coverage of breaking news. The following types of filming activities do require a permit and advance notice to the NPS.

Commercial filming

Commercial filming is defined as digital or film recording of a visual image or sound recording by a person, business, or other entity for a market audience, such as for a documentary, television, or feature film, advertisement, or similar project. Still photography that takes place at location(s) where or when members of the public are generally not allowed; or that uses model(s), set(s) or prop(s) that are not part of the location's national or cultural resources or administrative facilities. The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 3 week advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit. The following is not permitable:
1. Engaging in a filming activity without providing advance notice to the Superintendent when required.
2. Engaging in a filming activity without a permit.
3. Violating a term and condition of a permit issued under this action may result in the suspenstion and revocation of the permit by the Superintendent.

§ 1.6 Permits.

(f) Pursuant to the provisions of 36 CFR 1.6(f), the following is a compilation of the activities for which a permit is required. Not all of the activities/permits listed below are relevant to Abraham Lincoln Birthplace National Historical Park.

Activity Requiring Permit Relevant Section of 36 CFR

Entry of Closed Areas 1.5(d)
Adventure Races and Similar Activities 1.5(d)
Geocaching and Similar Activities 1.5(d)
Virtual Geocaching and Similar Activities 1.5(d)
Possession of an Otherwise Prohibited Weapon, Trap or Net 2.4(d)
Collection of Research Specimens 2.5
Operating a Power Saw or Portable Motor/Other Audio Disturbances 2.12(a)(2),(3)&(4)
Use of Aircraft/Air Delivery 2.17(a)(3)
Removal of Downed Aircraft 2.17(c)(1)
Entrance and Recreational Fees 2.23(b)
Soliciting of Gifts, Money, Goods or Services 2.37
Explosives 2.38(a)
Fireworks 2.38(b)
Special Events (including sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies and similar events) 2.50(a)
Demonstrations 2.51(a)
Sale or Distribution of Printed Matter 2.52(a)
Livestock Use and Agriculture 2.60(b)
Residing on Park Lands 2.61(a)
Scattering of Human Ashes 2.62(b)
Use of a Vessel 3.3
Vehicles Exceeding Designated Load, Weight and Size Limits 4.11(a)
Displaying, Posting or Distributing Advertisements and Commercial Notices 5.1
Engaging in or Soliciting Any Business 5.3
Filming for Commercial Use Including Motion Pictures or Television Productions 5.5(a)
Taking of Still Photographs for the Purpose of Commercial Advertising Use 5.5(b)
Use of Government Roads by Commercial Vehicles 5.6(c)
Constructing or Attempting to Construct Buildings, Structures, Boat Docks, Roads, Trails, Paths, Ways, Telephone Lines, Telegraph Lines, Power Lines, or Any Other Private or Public Utilities 5.7
Operation of a Solid Waste Disposal Site 6.9(a)
Special Recreation Permit 71.10(a)

Permits will be specific in nature to the activity being permitted. In those cases where permit use is frequent, a specific permit form may be designed. In most other cases, a special use permit or letter of authorization will be prepared describing the specific conditions under which the permitted activity is authorized. In all cases, a permit or letter of authorization must be in the permittee’s possession at all times and must be shown to any authorized person upon request.

To apply for a permit:

See the park website at https://www.nps.gov/abli/planyourvisit/permits.htm

Contact Jeff Stanfield at Jeffrey_Stanfield@ nps.gov or send a request in the mail to Abraham Lincoln Birthplace National Historical Park, 2995 Lincoln Farm Road, Hodgenville, KY 42728

Special Use Permit Applications must be filed with the Special Use Permit Coordinator 3 weeks prior to the anticipated activity.

The permittee shall be responsible for paying the cost of preparing the permit and for all additional costs incurred in monitoring the event and for any maintenance costs.

PART 2—Resource Protection, Public Use, and Recreation
§ 2.1 Preservation of natural, cultural and archeological resources.


Protection of Resources (a) The following is prohibited: (1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state: (iii) Non-fossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof. Justification: Prohibiting these activities preserves these resources for future generations.
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Metal Detecting or Relic Hunting

(a)(1) Use of a metal detector is prohibited. Digging or searching for souvenirs, relics, artifacts, or objects of any kind is prohibited. 36 CFR 261.9: "The following are prohibited: (g) digging in, excavating, disturbing, injuring, destroying, or in any way damaging any prehistoric, historic, or archaeological resources, structure, site, artifact, or property. (h) Removing any prehistoric, historic, or archaeological resources, structure, site, artifact, property." (Historic means older than 50 years.) ARPA, 16 U.S.C. 470cc: "No person may excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage or otherwise alter or deface any archaeological resources located on public lands or Indian lands unless such activity is pursuant to a permit..." Justification: Disturbing the landscape poses a risk to cultural and natural resources, no matter how unobtrusive the remaining hole may seem. Archaeological artifacts belong to the park and removal of them is considered theft of federal property.
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Gathering of Fruits, Mushrooms, Berries and Nuts

(c)(1) The following fruits (including the fruiting bodies of certain mushrooms), berries and nuts may be gathered by hand for personal consumption or use:
• blackberries,
• blueberries,
• strawberries
• grapes,
• cherries,
• pokeberries,
• pawpaws,
• mushrooms (only edible species),
• walnuts,
• hickory nuts,
• hazel nuts,
• beech nuts and
• acorns. Justification: It has been determined that the gathering and/or consumption of the above in the quantities described below will not adversely affect park wildlife, the reproductive potential of individual plant species, or otherwise adversely affect park resources.
(c)(2)(i) The quantity of fruits (including the fruiting bodies of certain mushrooms), berries and nuts collect under the provisions of Section 2.1
(c)(1) will not exceed 1 gallon per family or group per day for each species.
(c)(2)(ii) Persons gathering the species of fruits, berries and nuts listed in Section 2.1(c)(1) of this Superintendent’s Compendium are prohibited from climbing trees or other vegetation, and from using stools or ladders. All such fruits, berries or nuts must be collected while standing on the ground. The gathering of such fruits, berries or nuts is also prohibited within 200 feet of scientific research plots or areas. Justification: The use of collection methods such as ladders and tree climbing is prohibited in order to protect trees and vegetation from damage and to allow sufficient food supplies for wildlife. Gathering such items in research areas is prohibited in order to protect the integrity and reliability of research activities.

§ 2.5 Research Specimens.

Scientific Research and Collection Permits Pursuant to the authority found in 36 CFR 2.5, the Superintendent may issue permits for the collection of plants, fish, wildlife, rocks and minerals for research purposes subject to the conditions established by the National Park Service for scientific research and collection permits. These conditions, in part, are found online at http://science.nature.nps.gov/research and are subject to periodic revision. The guidelines and requirements contained at the above website are hereby adopted and made part of this Superintendent’s Compendium. The violation of any applicable condition, guideline or requirement is prohibited. Justification: Conditions on research performed pursuant to permits are necessary to protect park resources from negative impacts and to ensure compliance with permitting procedures.

§ 2.10 Camping

Regulations

(a) Camping within the boundaries of the Abraham Lincoln Birthplace National Historical Park is prohibited. No person, party, organization, or other group shall camp within the park. Exception: A person, or group who are participating in an organized, educational, NPS event designed to benefit park visitors may be allowed to camp in the park in designated areas assigned by the superintendent or a designee.
(b) Campfires are only allowed as part of educational encampments and only in designated areas determined by the NPS. Fires will be built above ground only, NO fire pits allowed. The Park will provide sand at designated spots where fire is allowed to protect ground surfaces. Sand is to be removed after the event.
(c) All authorized campfires in the park must always be attended and completely extinguished when not attended. Justification: Recreational camping is inconsistent with the mission of the park.

§ 2.11 Picnicking.

Birthplace Unit: Picnic tables and grills are located at the picnic area across from the Birthplace. Picnicking is only allowed in these locations because these places will not interfere with other visitors trying to enjoy the historic sites. Knob Creek Boyhood Unit: Picnicking is permitted in the area to the left of the Historic Tavern.

§ 2.13 Fires
Regulations

(a)(1) The lighting or maintaining of fires is generally prohibited, except as approved as part of an educational program or in the following designated areas and/or receptacles, and under the conditions noted: Fires are permitted only in personal charcoal grills or park-provided grills in the picnic area. Justification: Open fires are restricted for the safety of the visitor and to control the possibility of wildfire.

§ 2.15 Pets.

Pets are permitted in the park if they are always leashed and under the control of their owner. Disposal of Pet Excrement
(a)(5) Pet excrement must be immediately collected and containerized by the pet handler or owner. Such container must be placed in a refuse receptacle or removed from the park. Justification: Improper disposal of pet waste is a potential health hazard.

§ 2.16 Horses and pack animals.

(a) No trails, routes or areas within the park are designated for the use of horses or pack animals; the use or possession of horses or pack animals within the park is prohibited. Justification: Park areas and trails have not been designed for use by horses or other pack animals, and the use of such animals poses the risk to other visitors and has the potential of serious damage to cultural and natural resources.

§ 2.21 Smoking.

(a) Smoking, including the carrying of lighted cigarettes, cigars, pipes, and electronic nicotine delivery systems is prohibited inside park buildings, including: the Visitor Center, Barracks, and White House. Electronic nicotine delivery system means an electronic device, such as an electronic cigarette, used to simulate smoking by inhaling vapor from the device. Justification: Second-hand smoke has negative health consequences for other visitors and park staff.

§ 2.35 Alcoholic beverages and controlled substances.

(a)(3)(i) The consumption of alcoholic beverages and/or the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken or the contents of which have been partially removed, is prohibited throughout the park. Justification: In the locations listed above, the consumption of alcoholic beverages and the possession of open containers of alcoholic beverages is inappropriate considering the other uses of those locations and the purposes for which they were established and are maintained.

§ 2.51 Demonstrations.

See Appendix A for a map of locations where demonstrations, as defined in 36 CFR 2.51 and subject to the requirements contained therein, are allowed. § 2.52 Sale or distribution of printed matter. See Appendix A for a map of locations where the sale and distribution of printed material, as defined in 36 CFR 2.52 and subject to the requirements contained therein, are allowed.

CCTV Policy Statement

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Abraham Lincoln Birthplace National Historical Park uses Closed Circuit Television (CCTV) security camera monitoring. The park’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety, resources; and to help facilitate the protection of the innocent and the apprehension and prosecution of criminals (RM-9, 26.1). This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officerworn recording devices used by commissioned rangers. (RM-9, 26.1). Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2) Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.

PART 4—Vehicles and Traffic Safety

§ 4.21 Speed limits.

(b) A maximum speed limit of 15 miles per hour is established within the parking lot. Justification: High visitation in developed park areas necessitates reduced speed limits. Abraham Lincoln Birthplace National Historical Park: Revised November10, 2022

APPENDIX A
DESIGNATED LOCATIONS FOR DEMONSTRATIONS AND FOR THE SALE OR DISTRIBUTION OF PRINTED MATTER

As provided in Sections 2.51 and 2.52 of this Superintendent’s Compendium, demonstrations as defined in 36 CFR 2.51 and the sale and distribution of printed matter as defined in 36 CFR 2.52 are allowed in the areas described below, as provided therein.

A permit issued by the Superintendent is required for public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views. First Amendment demonstrations or assembles for individual are groups of 24 persons and under do not require a permit.

The following areas are designated:
• Groups of 10 or fewer, the grassy area inside the parking circle in front of the Visitor Center. See Appendix A map.
• Groups of 10 or more, the grassy knoll area to the west of the Visitor Center. See Appendix B map

Other areas of the park are potentially available for these activities. The Superintendent will consider requests for permits on a case-by-case basis in light of the criteria listed in 36 CFR 2.51(c). Applications may be submitted no earlier than one year before the request date of the permit.

The following areas within the historic park are not available for First Amendment activities:
All park buildings, and associated plaza, steps, and sidewalks.
The interiors of all buildings.
U. S. Highway 31E/State 61 in the Birthplace Site and U. S Highway 31E in the Knob Creek Site
Picnic area pads, pavilion, and trails at Abraham Lincoln Birthplace Site picnic area.
Picnic area pad at Knob Creek Site, Tavern, ranger station, cabin, and parking lot.
Justification: These areas have been excluded pursuant to the provisions of the Federal Register with the intention of providing persons exercising their First Amendment rights with the high potential for “high visibility.”

Designated park area under 36 CFR § 2.51 (c)(2)

 
Appendix A
 
Appendix B
 

Frequently Asked Questions

National Parks and Firearms

Q. Why are people allowed to have firearms in some national parks?

A. A new federal law (Sec. 512 of P.L. 111-24), effective February 22, 2010, makes national parks - and national wildlife refuges - subject to applicable federal, state, and local firearms laws. The law is a provision of the Credit Card Accountability Responsibility and Disclosure Act of 2009, which was passed by Congress and signed by the President in May 2009.

Q. How do I know when I'm in a national park?

A: National parks will generally have signs indicating that you are entering a national park. In backcountry areas or large expanses such as those in Great Smoky Mountains National Park or Yellowstone National Park, it is up to the individual to know where he or she is and the laws of that state.

Q. I am going to a park that spans two states; can I choose which state's laws to abide by?

A: No. It is up to individuals to know the laws of the state they are in and where they are in the park.

Q. What was the law before? Could I bring in an unloaded firearm?

A. You could carry a firearm in many Alaskan national parks and in a limited number of other national parks that allow hunting (when the firearm was brought for the purpose of hunting). Also, people who traveled with firearms could have an unloaded firearm that was rendered inoperable and packed, cased, or stowed when their travels took them through a national park.

Q. Can I have a firearm in every park after February 22, 2010?

A. No. If you can legally possess a firearm in the state in which the national park in located, you can possess it in that park on and after February 22, 2010. It is up to visitors to understand the requirements of federal law and the laws of the states/localities they live in and are traveling to (or through). Park websites offer basic information about the applicable state law(s) and will generally include a link to a state website with more information.

Q. Can I take a firearm anywhere I go in the park?

A. No. Federal law prohibits firearms in "federal facilities," which are generally defined as federally-owned or leased buildings where federal employees work on a regular basis. Buildings that meet this definition will have signs posted at public entrances noting the prohibition on firearms. In addition, privately-owned or -operated facilities within park boundaries may not allow firearms, consistent with the laws of that state.

Q. I've got my firearm, can I hunt while I'm here?

A. The new law does not change hunting regulations and laws. A limited number of national parks allow hunting. You must adhere to the park's hunting rules and regulations, which are generally available on a park's website.

Q. I have a permit from my home state to carry a concealed firearm, does that allow me to carry a firearm in a state I am visiting?

A. Some permits are recognized in multiple states, many are not. It is up to the individual to know which states accept his or her concealed carry permit.

Q. Where can I find the firearms laws for each state?

A: Go to the following link for individual state websites http://www.usa.gov/Agencies/State_and_Territories.shtml

Q. I am worried that having firearms in national parks will affect the safety of my family and the experience we hope to have. Should I still come?

A. For nearly 100 years, the mission of the National Park Service has been to protect and preserve the parks and to help visitors enjoy them. The parks belong to all Americans. Our commitment is to administer the law, administer it fairly, and to ensure the safety of our visitors, the parks and their resources, while all visitors enjoy these special places.

For more information

Last updated: November 11, 2022

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270 358-3137

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