Compendium to Title 36 Code of Federal Regulations - Parts 1 through 7

In accordance with regulations and the delayed authority provided in Title 36, Code of Federal Regulations, Chapter 1, Parts 1 through 7, authorized by Title 16, United states Code, section 3, the following requirements, conditions and restrictions are established for proper management, visitor safety, resource protection, government and public use at Horseshoe Bend National Military Park.

These discretionary regulations are in addition to the other regulations published in Title 36, CFR, Chapter 1.

SECTION 1.5. CLOSURES AND PUBLIC USE LIMITS:

(A) 1: Horseshoe Bend NMP will remain open for vehicle traffic from 8:00 a.m. until 5:00 p.m.; the park's visitor Center and Museum will remain open from 9:00 a.m. until 4:30 p.m. The public will be allowed to use the park road on foot until dark. Highway 49 & Highway 79 will remain open 24 hours a day. The park will be closed on Thanksgiving,Christmas and New Years Day.

The NPS Quarters area, the parking facility behind the Visitor Center and the area located across State Highway 49 from the visitor Center, which is used for the park Maintenance Operations, is closed to the general public.

Park fire access roads may be used by the public for all recreational uses applicable to the themes of the park, except for motorized vehicular traffic.

During emergency situations such as ice., snow, etc., park roads may be temporarily closed for periods of time without advance public notice.

SECTION 1.6 PERMITS:

A. Permits are required for the following activities:
1.5 Public Use Limit - Evening use of boat ramp/parking area.
2.2 wildlife protection. (4) (b) The transportation of lawfully taken wildlife through the park.
2.4 Weapons, traps and nets
2.5 Research specimens
2.10 camping
2.13 Fires
2.37 Non-commercial soliciting
2.38 Explosives
2.50 Special Events
2.51 Public assemblies, meetings
2.62 Memorialization
5.3 Business Operations
5.10 Eating, drinking, or lodging establishments

PART 2 -- RESOURCE PROTECTION PUBLIC USE AND RECREATION

SECTION 2.1: PRESERVATION OF NATURAL. CULTURAL & ARCHEOLOGICAL RESOURCES

(A) 4. There are no designated firewood gathering areas within Horseshoe Bend National Military Park.

(A) 5. Areas of specific concern include: The monument on Gun Hill, the two cannons on the park, Montgomery's headstone, and the stone pillars of the covered bridge.

SECTION 2.2: WILDLIFE PROTECTION

(D) Wildlife, lawfully taken in lands outside the Federal property in accordance with Alabama State Hunting Regulations may be transported through the park on State Highway 49 and County Road 79, provided that, except in emergency situations, the transporting vehicle does not stop or deviate from the highway/road going through the park. Legally taken wildlife may also be transported through the park on Old Shepard Road by special permit.

(E) The viewing of wildlife with an artificial light source is prohibited.

SECTION 2.3: FISHING

(D) 2. The possession or use as bait of live or dead minnows or other bait fish, non- preserved fish eggs or fish roe, in keeping with Alabama State Fishing Regulations, is permitted while fishing in the Tallapoosa River.

SECTION 2.4: WEAPONS. TRAPS. AND NETS

Firearms are prohibited except:
(D) Firearms, traps or nets may be transported through the park on Highways 49 and CR 79 as long as the transportation of such firearm, trap, or net is in accordance with Alabama State Law.

Firearms may be transported through the Park on Old Shepard Road as long as those weapons are unloaded, cased and stored in a manner which renders them immediately inaccessible to all occupants of that vehicle.

SECTION 2.10: CAMPING AND FOOD STORAGE

(A) Camping is prohibited anywhere within Horseshoe Bend National Military Park.

SECTION 2.11: PICNICKING

Picnicking is prohibited within Horseshoe Bend National Military Park except: in the visitor Center picnic area, the boat ramp picnic area, on the grass area behind the visitor center, which is between the Tour Road and Highway 49, and on the back country fire access roads. The cooking of food is prohibited except in provided grills, or other suitable container designated for such use.

SECTION 2.13: FIRES

(A) Fires are allowed in the Park picnic area and other areas under Special Use Permit issued by the Park Superintendent, as long as they are contained in a container designated for such use, or in one of the Park-provided grills.

(B) All fires shall be completely extinguished prior to the user leaving the area.

(C) Upon receiving notice from the Alabama Forestry Division, and without prior public notice, fires will be prohibited during times of high fire danger.

SECTION 2.16: HORSES AND PACK ANIMALS

Pack animals are defined as horses, mules, burros, and llamas. The use of horses and pack animals within Horseshoe Bend NMP is prohibited except on the Park's back-country fire access roads.

SECTION 2.20: SKATING. SKATEBOARDS. AND SIMILAR DEVICES

The use of skates, skateboards, and similar devices is permitted in the residential areas, parking areas and paved road areas when closed to vehicles, and during daylight hours.

SECTION 2.21: SMOKING

(A) Smoking is prohibited in the Park Visitor Center /Museum, Administration building, Maintenance building and during any Living History Blackpowder demonstrations.

SECTION 2.22: PROPERTY

(A) 2. Visitors boating on the Tallapoosa River or involved in extended hikes to or from the Park area may leave their vehicles and applicable property unattended for longer than 24 hours, provided that verbal authority or special use permit is requested and received from the superintendent or his/her designee.

SECTION 2.35: ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES

(A.) 3. Consumption of alcoholic beverages is prohibited at Horseshoe Bend NMP.

SECTION 2.38: EXPLOSIVES

(A) The possession and/or use of fireworks is prohibited within Horseshoe Bend National Military Park.

SECTION 2.50: SPECIAL EVENTS

(A) Permits for special events will only be issued pursuant to standards established in NPS-53, (Special Park Uses Guidelines). Special events are activities such as sporting events, marriages, public spectator attractions, entertainment, ceremonies, or large group meetings which fall under the category of privileges. Written request must be submitted to the Superintendent at least two weeks prior to the date for the event.

SECTION 2.51: PUBLIC ASSEMBLIES AND MEETINGS

(C) Permits are required for any public assemblies, meetings, gatherings, or other public expressions of opinion within the Park. Approved locations are designated in Appendix A. Written request for permits must be submitted to the Superintendent at least seven (7) days prior to the date desired for the event.

SECTION 2.62: MEMORIZATION

(B) The scattering of human ashes from cremation require a permit from the superintendent which will establish conditions for and location of the activity.

PART 3 -- BOATING AND WATER USE ACTIVITIES:

SECTION 3.3: PERMITS

A Special Use Permit is required for use of the boat ramp after dark.

SECTION 3.6: PROHIBITED OPS

(C) Pursuant to Alabama State Laws, airboat operation will be allowed on Tallapoosa River. Personal watercraft are prohibited.

PART 4 -- VEHICLES AND TRAFFIC SAFETY:

SECTION 4.2: STATE LAW APPLICABLE

(A) Unless specifically covered by the regulations set forth in this compendium
or 36 CFR Part 4, the laws and regulations of the State of Alabama will govern traffic and the operation and use of vehicles within Horseshoe Bend National Military Park.

SECTION 4.10: TRAVEL ON PARK ROADS AND DESIGNATED ROUTES

(A) Travel on park roads and designated routes is permitted on Highways 49 and 79 and the park tour road between the hours of 8:00 a.m. and 5:00 p.m. Travel in the employee housing area, on the fire access roads, on the maintenance service roads, and off roads is by authorized vehicles only.

Parking of vehicles is prohibited except in paved designated parking areas, in the grass parking area at the picnic grounds, in the employee housing area by authorized vehicles, in the maintenance area by
authorized vehicles. Vehicles are authorized with prior permission, from the Superintendent or his/her designee.

SECTION 4.21: SPEED LIMITS

(B) The posted speed limits are Horseshoe Bend National Military Park are: 45 MPH on Highways 49 and 79, and 15 MPH on Horseshoe Bend NMP's Tour Road.

SECTION 4.30: BICYCLES

(A) Bicycle use will be permitted only on paved park roads in accordance with applicable traffic regulations and on the f ire access roads.

CODE OF FEDERAL REGULATIONS

TITLE 36, CHAPTER I

Written determination for justifying actions
listed in the Compendium of Designations, Closures,
Request Requirements and Other Restrictions

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations, Chapter 1, section 1.5 (c), the following justifications are provided to identify the reasoning behind the use of the superintendent's discretionary authority in setting forth the various closures, designations, etc. as listed in the Compendium required in section 1.7 (b).

SECTION 1.5 (A) (1): The park area contains no overnight accommodations nor does it contain any facilities/public use area which could
feasibly be used at night. It is therefore felt that no legitimate public activity would be prevented by closing the park at night and would, in fact, reduce the cost to the taxpayers by reducing the manpower needed during those hours.

The park Maintenance Area contains tools, equipment, supplies/materials, etc., which should not be available to the public for safety and security reasons. There are no portions of the historical background or setting of the park's themes in this area.

Since the fire access roads are generally back off the main roads and visitor contact areas, they provide the visitor with the opportunity for being surrounded by mostly natural experiences. The use of motorized vehicles in these areas would not only prevent this outdoors/natural experience, but would also restrict the ability of management to keep the areas in a natural state and protect the resources.

SECTION 1.6: These permits are only those required by 36 CFR, Parts 1 through 7.

SECTION 2.1 (A) (4): There are no campfires allowed on Horseshoe Bend National Military Park, except under Special Use Permit. The collecting of firewood would restrict the ability of management to keep the areas in a natural state and protect the resources.

(A) (5): The climbing on, walking on, ascending, descending, or traveling on these historical and cultural resources presents a safety hazard, and would restrict the ability of management to protect the resources.

SECTION 2.2 (D): Since State Highway 49 is a main commuter route for Tallapoosa County, as retained in an easement by the State of Alabama, the federal government has no need to regulate use on it as long as such use does not adversely affect the resources of the park. The prohibition on stopping or deviating from the route facilitates the adequate management of poaching within the park.

(E): Alabama State law prohibits anyone from viewing wildlife with an artificial light source. Prohibiting this activity within
the park will provide more feasible management of poaching activities, thereby increasing the protection of the wildlife in their natural environment.

SECTION 2.3 (D) (2): The State of Alabama allows fishing using live bait of minnows or other bait, fish, at Lake Martin, approximately 2 miles downstream from the park. As that is routinely stocked with fish which migrate into and through the park, the resources would not be endangered in any way, and
the relaxation of this restriction would place park management practices in line with state regulations.

SECTION 2.4 (D) (4): The State of Alabama allows the transporting of firearms, traps, or nets, as long as they are unloaded. If the firearm is a hand gun, a valid State of Alabama permit is required to transport the firearm. State Highway 49 is a main commuter route for Tallapoosa County. As retained in an easement by the State of Alabama, the realization of this restrictions would place park management practices in line with State regulations.

SECTION 2.10 (A): There are no designated campgrounds on Horseshoe Bend National Military Park.

SECTION 2.11: To preserve the natural, scenic, and historic areas of the park and allow for enjoyment of same, picnicking is allowed only in designated areas.

SECTION 2.13: The park provides standing grills for use by park visitors in the picnic area east of the Visitor Center. As long as fires
are contained in these grills or other containers designed for such use brought into the area by visitors, there will be no danger to park resources. The restriction on "complete extinguishment" ensures that a fire does not burn unattended and possibly spread to the adjacent brush and woods.
SECTION 2.16 (G): Horseback riding in the prohibited areas would present a safety hazard to pedestrians, vehicles, etc. They are not considered to be detrimental to the resources in other areas and the park, due to its size, offers many areas where such activities do not conflict with other visitor activities.

SECTION 2.20: Employees residing in government quarters are entitled to maintain their private lives similar to other residents of the state, therefore their children should be allowed to participate in these activities where it does not conflict with the purposes and resources of the park. As the quarters area is away from the general visitor use area, these activities are approved for that area. Since the prohibition of these activities is due to vehicular safety concern, when the park road is closed to vehicle traffic and daylight is provided, there is no reason to prohibit these activities. After dark, the type and design of the Tour Road makes these activities a potential safety hazard.

SECTION 2.21 (A): The visitor Center and Museum exhibits were built in the late 1950's and therefore have no fire-sprinkler systems. Most of the materials are not fire resistant and would burn if exposed to an ignition source. The use of black powder (a very explosive substance) in Living History demonstrations requires the park to prohibit smoking in this area to prevent any injuries to employees, visitors, or property.

SECTION 2.22 (A) (2): An increasingly popular use of the park is canoeing on the Tallapoosa River or taking extended overnight hikes, either terminating or originating in the park itself. This park use is supported through the realization of this particular restriction, thereby allowing visitors to leave property unattended longer than 24 hours. Visitors are required to notify the park staff in order that the property can be identified and applicable safety messages can be provided to the user.

SECTION 2.35 (A) (3): Consumption of alcoholic beverages is restricted to picnic areas, to prevent inconveniences to other visitors. The prohibition of open contains in other areas helps place park management in line with County and State regulations.

SECTION 2.51 (E): Public assemblies and meetings are allowed under Special Use Permit to avoid conflicts between user interests and activities to avoid inconveniences to other visitors, to prevent safety hazards, and increase the ability of park management to be able to protect the resource.

SECTION 2.62 (B): The scattering of human ashes represents the memorization of a person on the area. Though ashes are not permanent and may not harm the resource, the Superintendent needs to assess the event and location of the event as to future implications on the resource.

PART 3 -- BOATING AND WATER USE ACTIVITIES

SECTION 3.3: An increasingly popular use of the Tallapoosa River is canoe, fishing, and boating. These activities terminate or originate at the NPS Boat ramp on the Tallapoosa River. By requiring a Special Use Permit for use of the boat ramp after dark, the park management is able to monitor resource use, provide a safer boating environment, and better protect the resource.

PART 4 - VEHICLES AND TRAFFIC SAFETY

SECTION 4.10: The park Tour Road contains no overnight accommodations nor does it contain any facilities/public use areas which could feasibly be used at night. After the park gate is closed, there is no reason for vehicles to be on this road. Highway 49 and Highway 79 are paved highways with substantial commuter traffic. These roads are never closed. The fire access roads, and maintenance service roads are for the protection of the resource. The employee housing road only services the housing area; therefore, only residents' vehicles, maintenance vehicles, and the guests of residents should have a reason to be on this road.

SECTION 4.21 (B): An increasingly popular use of the park is hiking and bicycling: this involves the use of the park on both sides of Highway 49. There has been an increase in the wildlife that lives in the park. These factors make the 45 mph speed a reasonable limit. The amount of biking and bicycling along the tour road has also increased. Considering increased visitor use and the quantity of wildlife residing in the park, a speed of 15 mph on the Park Tour Road is a reasonable limit.

SECTION 4.30: While bicycles are not allowed on the park trails due to the hazards posed to hikers, visitors may push their bicycles to the interpretive shelters. By pushing the bicycles instead of riding them, the safety hazard is eliminated. Bicycles are not allowed on any other park trails, except fire access road.
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