Superintendent's Compendium

 

Compendium header showing the electronic signature of Superintendent Lisa Petit, effective 9/20/2022

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

James A. Garfield National Historic Site
8095 Mentor Avenue
Mentor, OH 44060
440.255.8722 phone [phone] fax

Approved: 09/20/2022
Lisa Petit, Superintendent

First Created: 3/22/2010
Amended: 1/24/2011 (incorporated changes re: Boardley Decision).
Amended: 2/13/2012 (correction of CFR references in section II on pg. 6 (36 CFR §5).
Amended: 8/19/2014 (incorporation of unmanned aircraft language). 8/29/2014 (closure of Garfield Home during HVAC replacement).
Amended: 04/02/2015 (update closure of Garfield Home during HVAC replacement)
Amended: 06/20/2019 (update entrance fees; remove Garfield Home closure announcement)
Amended: 08/13/2021 (update house tour limits and CDC mask guidance)
Amended: 9/20/22 (update house tour limits and CDC mask guidance)
Amended: 3/10/23 (update 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: https://bookstore.gpo.gov

OR

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the Internet https://ecfr.gov

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

The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, "Organic Act")to " ... regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wildlife in such manner and by such means as will leave them unimpaired for the enjoyment of future generations." In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to "prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units."

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, 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."

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, than 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 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 action 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
James A. Garfield National Historic Site
8095 Mentor Avenue
Mentor, OH. 44060

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 James A Garfield National Historic Site, 8095 Mentor Avenue, Mentor, OH 44060. It may also be found at nps.gov/jaga/learn/management/superintendents-compendium.htm.
nps.gov/jaga/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 James A. Garfield may use 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 54 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of James A Garfield 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, James A. Garfield National Historic Site, 8095 Mentor Avenue, Mentor, OH 44060.

i. Grounds: Open daily 8:00 a.m. until 5:00 p.m. except when the park is designated as closed to the public. The public restroom is only available during the hours indicated for item ii., below. From May 1 through October 31 the grounds will be open daily from 08:00 a.m. until 5:00 p.m.
ii. Visitor Center:

Summer Season, May 1-October 31:
Open daily 10:00 a.m. until 5:00 p.m., except for when the park is designated “closed.”
Winter Season, November 1 through April 30:
Open daily Friday-Saturday-Sunday from 10:00 a.m. until 5:00 p.m., except for when the park is designated “closed.” The site is not open to the public Monday-Thursday during the winter season, though visitors may walk the grounds during hours that park staff are on site (usually approximately 8:00 a.m.-4:30 p.m.)

The park’s Public Restroom facility is open during the same hours as the Visitor Center.
iii. Garfield Home: Open only by guided tours, during hours designated under ii., above.
iv. Campaign Office: Open during hours designated under ii., above. Public access is restricted to the step-in enclosure and prohibited into the full interior of the structure, except by prior authorization from the Superintendent.
v. Administrative Office: Open daily Monday through Friday from 8:00 a.m. until 4:30 p.m., except for when the park is designated “closed.”

Public Use Limits:

• Electric scooters, electric skateboards, electric skates, or any other similar electric transportation device designed to carry a single passenger and propels or is assisted by an electric motor are prohibited on all park roads, walking paths, and trails. Segways are similarly prohibited but are allowed when used as a mobility device by persons with disabilities. Additionally, electric bikes are permitted on park roads and trails in compliance with adopted state laws.
  Determination: These restrictions are necessary to provide for the safety of pedestrians and motorists.

• No overnight parking permitted.
  Determination: Parking lot is designated for day users of James A. Garfield National Historic Site. Front gate is closed and locked each night for protection of park resources.

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 James A. Garfield 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 lawn area between the Garfield Home and the Visitor Center, bounded on the west by the brown paved walkway and on the east by the asphalt walkway. Two alternative areas are also designated:

Area A — Approx. 1/10th acre in size, comprised of the grass area in the center of the asphalt paved NPS parking lot. Interference with visitors or staff entering or exiting vehicles is prohibited.

Area B — Approx. 1/3rd acre lying to the west side of the paved brown pathway on the west of the Garfield Home and extending no closer than 15 feet of the west boundary fence. Bounded on the south side by the south/exterior fence along Mentor Avenue (white picket) and extending on the north/interior side to two trees aligned with the south/back side of the Garfield House.
In all cases, harassment of visitors and obstruction of public passageways is prohibited. See section II (f) regarding permitting requirements.

Passenger Carrying Busses:
Engines must be shut down when not underway (no idling permitted).
The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors to the site.

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 Photography/Filming:
(a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television.
(b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
(c) Permit for any wedding ceremony, or wedding related event, such as wedding photography or reception.

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

(a)(2)(i) Weapons (excluding legal firearms), traps, or nets may only be carried, possessed, or used at the following designated times and locations:

• In accordance with Ohio state law, except as otherwise prohibited by applicable federal law.
• Firearms are prohibited in facilities owned or leased by the federal government where federal employees are regularly present for performance of their duties. These facilities are posted with signs informing the public that firearms are prohibited in these buildings.

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 §2.23 – RECREATION FEES

(a) James A. Garfield NHS is a fee-free site. There are no recreation fees for any National Park Service activities, tours, or events at this site.
(b) On-site parking is free.

IV. 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.