Fossil Butte National Monument Compendium of Designations, Closures and Restrictions
Authority:
Designations, closures, permit requirements and other restrictions and/or specifications imposed under the discretionary authority of the superintendent, Code of Federal Regulations Chapter 1.
In accordance with the delegated authority contained within the regulations in Title 36, Code of Federal Regulations, Chapter 1, Parts 1 through 7, as authorized by Title 16, United States Code, Sections 1 and 3, the following regulatory provisions are established for Fossil Butte National Monument (hereinafter ‘Park’).
The following provisions apply to all lands and waters administered by the National Park Service (hereinafter ‘NPS’), with the boundaries of the Park. Unless otherwise stated, these regulatory provisions are enforceable and apply in addition to the requirements contained in 36 CFR, Chapter I.
In addition to these regulations, written determinations that explain the reasoning behind the Superintendents discretionary authority are required by Title 36 CFR, Section 1.5 (c) and appear in this document after each regulation.
Visitors may obtain additional information or permit applications by contact the Office of the Superintendent, Fossil Butte National Monument, 864 Chicken Creek Road, Post Office Box 592, Kemmerer, Wyoming, 83101 or e-mail us Information is also available at the park website: www.nps.gov/fobu
The Superintendent's Compendium is the summary of specific rules implemented under the discretionary authority of the Park Superintendent. It serves as public notice with an opportunity for public comment, identifies areas closed for public use, provides a list of activities requiring a special use permit or authorization, and elaborates on those public use and resource protection regulations that pertain to the specific administration of the park. Regulations found in 36 CFR and other USC and CFR titles are enforced in the Park without further elaboration at the Park level.
A copy of 36 CFR can be purchased from the U.S. Government Printing Office at:
Superintendent of Documents
P.O. Box 371954 Pittsburgh, PA 15250-7954
Or by calling: (202) 512-1800
NPS Law Enforcement Park Rangers can enforce the requirements of the USC, CFR Titles, and this Superintendent's compendium. However, many federal laws and regulations have similar statutes found in state and local law. The Park is working under Concurrent Legislative Jurisdiction and therefore, both federal and state/local law enforcement can enforce regulations within the Park.
Many of the requirements of this compendium complement existing state/local law and other regulations that are in effect within the park and are enforced by state and local law enforcement officers. If a state or local law is recently enacted, this compendium does not replace or repeal that law.
A person who violates any provision of the regulations found in 36 CFR Parts 1-7, along with this compendium, is subject to a fine as provided by law (18 USC 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 USC 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings.
The compendium is reviewed annually, and the park welcomes comments about its programs and activities at any time. Comments specific to the Superintendent's Compendium will be accepted any time. Any changes to this compendium recommended by the public or others and accepted by the Superintendent will be incorporated into the compendium without further public comment and review and will be included in the next year’s compendium. Comments can be directed to the Superintendent’s Office at:
Fossil Butte National Monument
864 Chicken Creek Road, PO Box 592
Kemmerer, Wyoming 83101
The following visiting hours and public use limits are established for all the listed portions of the park and the following closures are established for all or a portion of the park to all public use or to a certain use or activity.
Fossil Butte National Monument is open year-round from sunrise to sunset. Visitor Center hours are:
Spring: May1 – Memorial Day, Daily 8:00 am – 4:30 pm
Summer: Memorial Day – Labor Day, Daily 8:00 am – 5:30 pm
Fall: Labor Day – October 31 daily 8:00 am – 4:30 pm
Winter: November 1 – April 30 Monday-Saturday 8:00 am – 4:30 pm. Closed Sundays and holidays (Veterans Day, Thanksgiving Day, Christmas Day, New Years Day, MLK Day and Presidents Day)
Roads
The paved road from the park visitor center to the picnic area will be closed from first snowfall to May 1 as conditions warrant.
The gravel road from the picnic area will be closed from first snowfall to June 30 as conditions warrant.
Determination: It is necessary to establish conditions on public access and visiting hours in order to protect natural and cultural resources from resource damage, theft, vandalism or inappropriate group activities and for visitor safety.
ATVs, OHVs, UTVs
The use of all-terrain vehicles (ATVs), off-highway vehicles (OHVs), utility terrain vehicles (UTVs), motorized vessels and any other type of motorized conveyance manufactured for recreational, non-highway, off-road or all terrain travel, including those licensed by a state for street use, within monument boundaries is prohibited.
Determination: The public use of ATVs/OHVs and other motorized conveyances manufactured for recreational, non-highway, off-road, or all-terrain travel within monument boundaries pose a significant risk to visitor safety, park resources and values which cannot be appropriately mitigated, and which cannot be sustained without causing unacceptable impacts. The use of such vehicles is, therefore, not consistent with the protection of the monument.
Unmanned aircraft
The term “unmanned aircraft” means a device 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. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Fossil Butte National Monument is prohibited except as approved in writing by the Superintendent.
Determination: Unmanned aircraft use in the United States has had a dramatic growth in the past few years. The National Park Service will not allow new park uses until a determination has been made that the new use will not cause unacceptable impacts on park resources and values. Policy Memorandum 14-05, dated June 19, 2014, provides interim policy guidance until this determination has been made. Specifically, resources and values of concern to unmanned aircraft use at Fossil Butte NM include areas designated as sensitive bird/raptor habitat, unreasonable noise, all wildlife to include threatened and endangered species and impacts to the viewshed.
(a)(2) Masks
Individuals over the age of two years must wear masks, except when actively eating or drinking in the following locations:
All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
In outdoor areas when others are present and physical distancing (staying at least six feet apart) cannot reasonably be maintained.
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.
Determination: As stated in Executive Order 13991, it is the policy of the Administration to halt the spread of Coronavirus disease 2019 (COVID-19) by relying on the best available data and science -based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC).
36 CFR 1.5 Filming
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 [outside of areas managed as wilderness]2 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 without 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: (1) Engaging in a filming activity without providing advance notice to the Superintendent when required. (2) Engaging in a filming activity without a permit if [the activity takes place in areas managed as wilderness or if]3 the Superintendent has notified the organizer in writing that a permit is required. (3) 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.
CFR 36 1.6(f) Permits
(f) Permits are required for the following:
Permitted Activities
CFR
Public Vehicle Use on Park Lands (excluding
entrance road, scenic road, parking & picnic areas)
1.5
Public Park Use (except during official visiting hours)
1.5
All Restricted Visitor Activities
1.5
Specimen Collections
2.5
Picnicking (except in designated picnic area or at
NPS provided picnic tables or during special events)
2.11
Special Events
2.50
Public assemblies
2.51
Sale & Distribution of Printed Matter
2.52
Livestock Use - stock driving only
2.60
Motion Pictures & Television
1.5
Determination: The National Park Service will manage recreational activities, including geocaching that take place in parks and support the federal policy of promoting the health and personal fitness of the general public. Although not all activities are appropriate in all parks; the Superintendent can make a determination on whether a new form of recreational activity is appropriate and not cause unacceptable impacts to the resource. Any restrictions placed on recreational uses will be limited to the minimum necessary to protect park resources/values and promote visitor safety/enjoyment.
For more information on permit requirements and to obtain appropriate applications, please contact the Administration office at 307-800-8400 or write to e-mail us
36 CFR 2.1 Preservation of Natural, Cultural, and Archeological Resources
(a)(4) Collecting down and dead wood is prohibited.
Determination: The collection of dead wood on the ground for immediate use as grill fuel in the picnic area is not permitted due to the insufficient resources (wood) to prevent degradation of the resource and the greater probability of sparks over the use of charcoal.
36 CFR 2.2 Wildlife Protection
(a)(2) Attracting or disturbing wildlife is prohibited.
The use of elk bugles, vannint calls, audio attractants or other artificial means or natural methods (including rattling antlers, coyote, turkey and sage grouse calls, or verbal bugling or howling imitations) is prohibited.
Determination: Intentional disturbing of wildlife may adversely affect wildlife behavior (i.e., breeding and mating rituals, feeding habits, travel patterns/routes) causing stressful and/or disruptive conditions. Using calls can cause wildlife to leave foraging and mating areas and attract them to roads where they are more likely to become injured or killed. Wildlife may become unnatural prey if artificially attracted out of cover.
(d) Wildlife lawfully taken outside the monument may be transported through the park on roads open to the public under the following conditions:
Persons transporting will have in their possession a valid State hunting license.
A valid State game tag will be carried by the person accompanying the carcass or attached to the carcass when being transported.
Animal carcasses will be subject to inspection at any time by an authorized person.
Legally taken wildlife will be covered when travelling through park lands.
Hunters pursuing injured wildlife into the park must contact the Superintendent and the Wyoming Department of Game and Fish prior to entering the monument.
Determination: The Park is closed to all hunting activities and the park must ensure wildlife is not taken within its boundaries.
(e) The use of artificial light for the purpose of viewing wildlife is prohibited.
Determination: The viewing of wildlife at night with the use of artificial light temporarily blinds animals causing them to become unnatural prey for natural predators and poachers. The proliferation of poor-quality outdoor lighting is a principle threat to the night sky.
36 CFR 2.4 Weapons, Traps, and Nets
(d)(4)Bow Permit
A bow permit issued by the Superintendent is required on public land within Monument boundaries for a hunter to access adjacent lands when other means of access is otherwise impractical or impossible.
Determination: The permit assists in the dissemination of park regulations and reduces the likelihood of trespassing on private property and wildlife illegally taken within the Monument, which is closed to all hunting activities.
36 CFR 2.5 Research Specimens
(b) A specimen collection permit is required for research specimens.
Determination: Disturbance to or the collection of natural, cultural, historical resources are prohibited unless permitted by the Superintendent.
36 CFR 2.10 Camping
(b)(10) Camping and over-night parking are prohibited year round.
Determination: Excluding camping is necessary for the visitor safety, protection of natural resources, and implementation of management responsibilities.
36 CFR 2.15 Pets
(a)(5) All pet excrement must be removed by the pet owner.
Determination: Pet excrement poses a public health hazard in high use areas.
36 CFR 2.16 Horses and pack animals
(g) Horses are allowed off trail in the park to conduct stock driving per enabling legislation and under special use permit.
Determination: The use of horses and pack animals is restricted to areas where they will not present a safety hazard or other user group conflicts to visitors. The impact of stock on trail surfaces is also a consideration in determining where they can be used.
36 CFR 2.18 Snowmobiles
(c)The use of snowmobiles is prohibited except for administrative purposes.
Determination: Snowmobiles are restricted for visitor safety and to protect park natural resources.
36 CFR 2.20 Skating, skateboards, and similar devices
Except for Monument residential areas, skating, skateboarding or the use of similar devices is prohibited within the Monument.
Determination: Skating, skateboards and similar devices are restricted for visitor safety, and conflicting uses involving visitor recreation. The residential area, housing for NPS employees, provide the principal areas for play and activity by children and residents.
36 CFR 2.21 Smoking
(a)Smoking is prohibited in all public use and administrative buildings and facilities, as well as within 25 feet of a public building entrance.
The use of electronic cigarettes is prohibited in all public use and park administrative areas.
Determination: Smoking is prohibited to protect public health, structures and resources from fire danger or smoke, and minimize conflicts among visitor use activities. It is NPS policy that public-use and administrative facilities by smoke-free. There are no designated employee smoking areas within NPS facilities.
36 CFR 2.22 Property
(a) Personal property may be left unattended for longer than 24 hours only when written permission (listing owner, place, property involved, address and when the property will be picked up) from the superintendent.
Determination: Personal property left on the monument is vulnerable to theft, destruction, or vandalism.
36 CFR 2.35 Alcoholic Beverages and Controlled Substances
(a)(3)(i) The possession or consumption of an alcoholic beverage 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 has been partially removed is prohibited in all public use areas and administrative buildings.
Determination: Closing these areas to the consumption and possession of alcoholic beverages is the public safety concerns and the orderly management of the facilities.
36 CFR 2.38 Explosives
(b) Fireworks and firecrackers are prohibited in the park.
Determination: Fireworks are prohibited to protect park resources and reduce risk of fire.
36 CFR 2.50 Special Events
(a) Special events require a permit issued by the Superintendent.
36 CFR 2.51 Public Assemblies
(a) The following locations have been designated designated public assembly areas:
Front of Visitor Center entrance within the triangular paved patio area, no closer than 30 feet from the entrance doors and directly south to the railing.
The Visitor Center parking lot near the island.
Description and maps of all designated public assembly and meeting areas are available at the visitor center, during normal hours of operation.
Areas other than those designated above may be approved by the Superintendent, on a case-by-case basis in accordance with the considerations described in 36 CFR 2.51 (e).
(c)(3) Group size limits on Special Use Permits will be determined on a case by case basis.
Determination: First Amendment activities for 14 days or less and involving 25 people or fewer do not require a Special Use Permit to demonstrate, distribute, or sell printed matter under their First Amendment rights. However, First Amendment activities without a permit are restricted to the designated first amendment sites listed above. Those sites were selected by the park for their high visibility and access to the public and for the physical nature of those sites to provide ample room for freedom of speech activities. Activities shall not cause injury or damage to park resources, unreasonably interfere with tranquility or interpretive activities, or create a clear or present danger to park visitors.
36 CFR 4.21 Speed Limits
(b) The Superintendent may designate a different speed limit upon any park road. The park's additional speed limits follow:
20 mph on the approach to the curve before the visitor center, ¼ mile from VC.
25 mph on the paved road (Scenic Road) leading from the visitor center north to the end of the pavement.
30 mph on the paved road (Chicken Creek Road) running from the main park entrance to ¼ mile below the Visitor Center.
20 mph on the unpaved Scenic Road leading from the Nature Trail to the north exits onto Bureau of Land Management Lands.
Determination: Speed restrictions are placed to reduce vehicle accidents on narrow roadways, protect wildlife and other natural resources.
36 CFR 4.30 Bicycles and E-Bikes
(a) Bicycles
The use of a bicycle is permitted only on public use roads and parking areas designated for vehicular traffic.
Determination: Bicycles are allowed on public use park roads and parking areas under 36 CFR 4.30(a). The use of bicycles is restricted to areas where they will not present a safety hazard or other user group conflicts to visitors, or cause resource impacts.
(b) Electric Bikes
E-bikes are divided into three classes:
Class 1: Has a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches 20 mph.
Class 2: Has a motor that may be used exclusively to propel the bicycle and that is unable to provide assistance when the bicycle reaches 20 mph.
Class 3: Has a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches 28 mph.
The use of e-bikes is allowed only where traditional bicycles are allowed and riders must adhere to all traffic laws applicable to traditional bicycles. Use of throttle to propel Class 2 e-bikes without pedaling for an extended period is prohibited. The use of e-bikes is limited to public use roads and parking areas.
Determination: Implementation action is defined in 36 CFR 1.4 and 36 CFR 4.30(i). Allowing electric bicycles on public roads and in parking areas will create new opportunities for recreation and access within the park. It will not create any adverse impacts to park visitors, resources or values due to the existing use in these locations by motor vehicles and bicycles. This action is covered by the categorical exclusion 3.2.E in the NPS NEPA Handbook.
Should future unanticipated impacts regarding public health, safety, or natural and cultural resource protection be determined, management will reevaluate the decision. The public will be notified if areas are designated for e-bike use and if closures or restrictions are implemented.
