Superintendent's Compendium

 

National Park Service
U.S. Department of the Interior
Superintendent's Compendium Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

First Ladies National Historic Site
205 Market Avenue South
Canton, OH 44702
Phone: [phone]

Approved: 8/29/2022
Lisa Petit, Superintendent

Amended: 3/15/2023 (udpate on filming)

 

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 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.

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, 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 on the Internet at www.ecfr.gov

2. Laws and 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 the Secretary 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 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 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, 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.”

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, 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 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 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 on a number of small entities 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 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 any particular National Park System 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 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.

6. Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers 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 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 at the park address found below.

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
First Ladies National Historic Site
205 Market Avenue South
Canton, OH. 44702

9. Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period 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:

First Ladies National Historic Site
205 Market Avenue South
Canton, OH. 44702.

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

CCTV Policy Statement

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that First Ladies National Historic Site 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 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 officer- worn 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.

B. 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 First Ladies 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.

I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(a)(1) Schedule of Visiting Hours.

The following areas and sites are open to public entry at the specified times. Dates and times listed are approximate, being dependent upon weather, staffing, and funding levels, as well as unforeseen circumstances. Current hours of operation or other specific site information may be obtained by contacting the sites listed below or by writing to the Superintendent First Ladies National Historic Site 205 Market Avenue South, Canton, OH. 44702

In 2022 First Ladies National Historic Site (First Ladies NHS) is open Thursday – Saturday 9 am – 4 pm from November 1st through April 30. The site is open Tuesday – Saturday 9 am – 4 pm from May 1st through October 31st.

Public Use Limits:

• These rules are in effect for the Education & Research Center and the Saxton House. 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 vaccination status, all individuals must comply with all orders regarding masks issued by the Centers for Disease Control and Prevention. CDC prevention measures continue to apply to all travelers on public transit, regardless of vaccination status. Masks remain required on all forms of public transit that operate within parks, including buses, trains, and boats/ferries, and in transportation hubs. Park staff should not ask visitors whether or not they have been vaccinated. Absent evidence to the contrary, park staff should operate as though non-masked visitors are fully vaccinated.

Filming Activities
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 activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:

• maintain public health and safety;
• protect environmental or scenic values;
• protect natural or cultural resources;
• allow for equitable allocation and use of facilities; or
• avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request by not issuing a permit. The Superintendent will provide the basis for denial in writing upon request.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 10-day 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 are prohibited.

• Engaging in a filming activity without providing advance notice to the Superintendent when required.
• Engaging in a filming activity without a permit if the activity takes place in areas managed as wilderness or if the Superintendent has notified the organizer in writing that a permit is required.
• Violating a term and condition of a permit issued under this action.

Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent. Determination: Filming activities that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to park areas.

Closures:

• The Superintendent may, by the posting of appropriate signs, define the nature and extent of a recreational restriction for visitor safety or visitor use management purposes.

• Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of First Ladies National Historic Site is prohibited except as approved in writing by the superintendent.

Definition: 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.) This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.

Determination: Policy Memorandum 14-05 that was issued June 19, 2014 directs each Superintendent to use the authority under 36 Code of Federal Regulations, Section 1.5, to close units of the National Park System to the launching, landing, or operating of Unmanned Aircraft Systems (UAS), subject to certain conditions and exceptions. This closure protects cultural resources and avoids conflict among visitor use activities, primary of which is enjoying the historic grounds and buildings by way of both guided tour and independent exploration of the grounds. James A. Garfield National Historic Site is closed to the use of unmanned aircraft because they have the potential to harm visitors, cause excessive noise, and interfere with visitors’ enjoyment of the area.

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

First Amendment Activities and/or Printed material Distribution areas:

The primary area designated for First Amendment activities, or the distribution or printed materials shall be limited to the west side of the Saxton House. Approx. 1/10th acre in size on the sidewalk adjacent to the NPS parking lot. Interference with visitors or staff entering or exiting vehicles is prohibited.

In all cases, harassment of visitors and obstruction of public passageways is prohibited. See section II (f) regarding permitting requirements.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

(f) The following is a compilation of those activities for which a permit from the Superintendent is required:

§1.5(d) The following activities related to Public Use Limits:

▪ Special events may require a written permit from the Superintendent.

§2.12 Audio Disturbances:

▪ (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.

§2.37 Soliciting or demanding gifts, money goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52).

§2.50(a) Entertainment, ceremonies (such as weddings), and similar events.

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views. Exception: Groups of 25 or fewer people may demonstrate or distribute or sell printed matter in designated available areas without obtaining a permit. Advance notice of the activity is appreciated. These small groups may still apply for a permit in order to guarantee their use of a particular area.

§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising

§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written Agreement with the United States, or must be pursuant to special regulations).
§5.5 Commercial filming, still photography, and audio recording:
(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Park 5. All commercial filming requires a permit. Still photography does not require a permit unless:

• It uses a model, set, or prop
• It takes place where members of the public are not allowed
• The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts

(b) Audio recording does not require a permit unless:

• It takes place at locations where or when members of the public are generally not allowed
• The equipment requires mechanical transport
• It requires an external power source
• The activity requires monitoring
• The activity impacts resources

III. 36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

(A)(2)(I) Weapon, traps, or nets may only be carried, possessed or used at the following designated times and locations:

▪ As authorized in accordance with state and federal law.

GENERAL REGULATIONS

I. 36 CFR §2.15 – PETS

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

▪ Pet excrement must be immediately collected and disposed of in the nearest dog waste trash receptacle.

II. 36 CFR §2.21 – SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:

▪ Smoking is prohibited in all park buildings and within 25 feet of all buildings.

III. 36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

▪ Alcoholic beverages are prohibited in all park buildings unless otherwise approved by the Superintendent for special events.