Superintendent's Compendium

 
Signed compendium header, November 2022
Signed compendium header

NPS

 
National Park Service
U.S. Department of the Interior

Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Lincoln Home National Historic Site
413 S. 8th Street
Springfield, Illinois 62701
217-492-4241 phone
217-492-4673 fax

Approved: 11/2/2022
Tim Good, Superintendent

 

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:

http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrv1_05.html

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 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” (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, 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 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:Superintendent413 S. 8th St, Springfield, IL 62701

9. Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the signature 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 413 S. 8th St, Springfield, IL 62701.

 

Lincoln Home National Historic Site - Defined

Lincoln Home National Historic Site was established as a unit of the National Park Service in 1972. Created to preserve the home of Abraham Lincoln, the site also includes in the four-block boundary the houses of his neighbors and friends. The mission of the National Park Service is to preserve and protect the cultural resources for future generations.

The site is located in downtown Springfield, Illinois. The historic site is bordered on the north by Capitol Avenue, the west by Seventh Street, the south by Edwards Street, and the east by Ninth Street. Within the site are two zones established by the National Park Service Master Plan in 1970 which prescribe how the site will be managed.

The Historic Preservation Zone is between the east and west alleys and Capitol Avenue to Edwards Street. It also includes the Stuve and Morse houses and properties located in the NW and SE corners of the site. The site encompasses historic and reconstructed structures and one contemporary structure.

The Development (Visitor Use) Zone extends from the west alley to 7th Street and the east alley to 9th Street, inclusive of the alleys.

The National Park Service and the City of Springfield share concurrent jurisdiction within the boundaries of Lincoln Home National Historic Site.

Reference to the following map of the Site is made throughout this document.

 
Map of Lincoln Home NHS. Following areas are labeled as the "Development Zone": Western and Eastern edges of the park encompassing Grace Evangelical Lutheran Church, the Bus & Visitor Parking, & Visitor Center. Rest of site is under "Historic Zone"
 

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 Lincoln Home 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) The following visiting hours and public use limits are established for all or for 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:

Visiting Hours:

  • The Lincoln Home National Historic Site hours of operation are 8:30 a.m. to 5 PM year round.
  • The final tour of the Lincoln Home will be no later than 4:40 p.m. unless prior arrangements have been made through the Superintendent or his designee.
  • The Lincoln Home National Historic Site interior grounds* are closed to the public from 11:00 PM to 5:00 AM daily, except as authorized by a Special Use Permit.
* “Interior” grounds are defined as all areas within, but not including, the sidewalks bordering the park along Capitol, Seventh, Edwards, and Ninth Streets which are used as public sidewalks.
  • Lincoln Home National Historic Site buildings and structures are closed to the public during the following holidays: Thanksgiving Day, Christmas Day, and New Years Day.
  • During hours of operation, these areas of the following buildings are open for public use (areas not listed are considered closed to the public):
    • Dean House First Floor Exhibit Area
    • Arnold House First Floor Exhibit Area
    • Visitor Center Lobby, Restrooms, Theaters 1 & 2, and Vestibules
    • Lincoln Home [see subsection (a)(2)]


Determination: Lincoln Home National Historic Site does not maintain law enforcement coverage on a 24-hour basis. Low levels of lighting throughout the site produces areas of darkness and potentially less than safe conditions as compared to a well-lit city street environment during the evening hours. Examples of these less than safe conditions include uneven historic walking surfaces and the urban criminal element that often pass through the site or use the site for illegal activities. Only the specified areas of public use buildings are open since all other areas are utilized as staff/leased office space, storage space, or are under construction.

Why less restrictive measures will not suffice: Due to limited staffing the park cannot provide 24-hour law enforcement coverage. The park does get cooperation from the SPD for occasional patrols but they are not consistent. The lack of patrol coverage during the closure hours presents a potential threat to the safety of individuals walking through the site and for the physical security of site resources including the Lincoln Home. There are no facilities such as restrooms or telephones available during these hours. It has been documented that much of the illegal activity within the site, such as alcohol use, disorderly conduct, prostitution, vagrancy, and vandalism occur during these hours.

Only specified areas of site buildings containing displays relating to the history of the site and areas used to provide visitor services are open to the public during visiting hours. Other areas are occupied by staff/leased office or storage space that is not designed for visitor use. Park office and storage space may also contain sensitive records, materials, or artifacts that relate to the park's cultural resources and are not designed for public use.

Closures:

Vehicular traffic

Vehicular traffic is prohibited within the historic site with the following exceptions:

  • Authorized NPS vehicles
  • Authorized emergency vehicles, including Springfield Police Department and Springfield Fire Department
  • Lincoln Home employees and tenants with a parking permit
  • Vehicles parked in the visitor center lot and bus lots during operating hours
  • Vehicles authorized for use by contractors
  • Vehicles operating under the authority of a Special Use Permit

Determination: The roads and alleyways within the site are used as pedestrian walkways for visitors to view and experience the site. Motorized vehicles pose a safety hazard for the visitor/pedestrians.

The park has two standard wheelchairs that are available for loan to visitors to tour the park and exhibit areas. We will suggest that visitors with disabilities using a motorized device use one of them while touring the Lincoln Home and 4 blocks of the park if desired.


Why less restrictive measures will not suffice: The historic site represents the 1860's era setting in which the automobile was not a mode of transportation. The historic atmosphere at Lincoln Home cannot be effectively maintained with the presence of motor vehicles. Vehicles create a visual and auditory intrusion, but more importantly create an extreme hazard to the safety of pedestrian visitors who are not expecting the presence of motor vehicles. Excessive and/or uncontrolled vehicle traffic may pose threats (accidents) to the natural and cultural resources within the site. Due to the historic nature of the site, it is not feasible to introduce traffic control devices without detracting from the 1860s setting of the neighborhood.

The areas closed to use by persons with disabilities who use motorized devices are to protect the cultural resources from damage or destruction. It is also to provide a safe environment for other visitors and to protect them from potential injury due to the use of the device in small areas and when visitors are very close to each other. The park will loan a standard wheelchair free of charge for use to tour the closed areas.

Bicycle Traffic

Bicycle traffic is prohibited on the boardwalks within the Lincoln Home National Historic Site boundaries.

  • Bicycle use is allowed in the throughway streets of 8th street and Jackson street within Lincoln Home National Historic Site. However, bicycle use is restricted to the street route only. Bicycle speeds should not exceed 10 mph.

Determination: Bicycle and E-bike use on the boardwalks pose a safety hazard for visitors/pedestrians.

Why less restrictive measures will not suffice: The boardwalks are used as the primary walking path for pedestrians within Lincoln Home National Historic Site to experience the site. The boardwalks are not wide enough to accommodate both pedestrians and bicycle users using the boardwalks simultaneously. Bicycles, traditional or otherwise, can be a hazard to the safety of pedestrian visitors.

The streets which run through Lincoln Home National Historic Site are closed off to public vehicular traffic and provide much more space for bicycle users and pedestrians to be able to be used simultaneously, without compromising bicycle user or pedestrian safety. The boardwalks run adjacent to these streets, so bicycle users can still access the same major throughways and routes that they would be on the boardwalks.

Parking

The bus parking lot is for buses transporting visitors to Lincoln Home National Historic Site only. Parking semi-tractor trailers, vans, cars, or other vehicles except as authorized by the Superintendent, is prohibited. These recreational vehicles are subject to pay-by-space policy as automobile traffic using the visitor parking lot.


All public parking areas in the park are closed to camping and overnight parking with the exception of government owned vehicles, and employees and Special Use Permit holders authorized to do so.

Determination: Parking for Lincoln Home visitors is already provided in the visitor parking lot. Metered street parking is available adjacent to the site and several private for fee parking ramps are nearby. Lincoln Home receives several hundred educational and recreational groups arriving by school bus and motor coach each year. The Bus Parking Lot exists to safely provide for the loading and unloading of buses vs. parking in the streets and unloading with traffic.

Why less restrictive measures will not suffice: Allowing other vehicles to park in the Bus Parking Lot limits the number of parking spaces available to buses with passengers visiting the Lincoln Home. In a congested urban area such as downtown Springfield, there are few, if any other, parking alternatives for the safe embarking and disembarking of 40-50 passengers. These passengers are usually school children or elderly adults arriving specifically to visit the Lincoln Home. The buses require more space for maneuvering and have a much wider turning radius than a passenger car or van. Allowing smaller vehicles to park in the lot alongside the buses prevents buses from safely entering and exiting the lot. Cars attempting to maneuver around parked buses may not see passengers embarking and disembarking the bus creating a safety hazard.

Engine Idling

Idling any vehicle engine that produces exhaust in the bus parking lot is restricted to loading and unloading of passengers. Engine warm-up or idling prior to loading or unloading of passengers is limited to 10 minutes.

Determination: Allowing vehicles, in particular commercial passenger vehicles, to idle engines for extended time periods produces significant air and noise pollution in the direct vicinity of visitors and staff.

Why less restrictive measures will not suffice: The National Park Service has an obligation to limit air and noise pollution as well as conserve fuel in areas controlled by the NPS. Engine idling produces noxious fumes clearly evident to persons in the immediate vicinity. The noise generated by the engine idling creates a pedestrian safety hazard, making it difficult to hear other vehicles approaching or instructions from group chaperones/coordinators. Allowing engine idling is inconsistent with current regulations imposed by the State of Illinois controlling bus engine idling at all state historic sites.

Interpretive-type program

The presence of people performing interpretive-type programs without a Special Use Permit or authorization from the Superintendent within the boundaries of historic site is prohibited.

Determination: To allow interpretive-type programs to be presented in the park without a review process provided by a Special Use Permit can send incorrect, inaccurate and confusing messages to visitors.

Why less restrictive measures will not suffice: The Park’s management has a responsibility to ensure that portrayals of the Lincoln family or other period characters are done with accuracy and decorum. Due to the popularity and mystique of Abraham Lincoln, there is a wide range of quality among impersonators when dealing with historical facts and period clothing. In addition, impersonations of characters other than the Lincoln family by actors who are unaware of the mission and purpose of the site may detract from the historic atmosphere and detract from the Site interpretive program.

Picnicking

Picnicking is prohibited in the Historic Preservation Zone. (See map – under Lincoln Home National Historic Site - Defined).

Determination: The site's Master Plan established a Historic Preservation Zone in the historic site. Picnicking within the Historic Preservation Zone, sidewalks, alleyways, and roads within the site may conflict with pedestrian traffic and the site’s historic 1860s neighborhood setting.

Why less restrictive measures will not suffice: The Park strives to maintain the historic neighborhood to the 1860 period in and around the Lincoln Home. Visitors engaged in picnicking activities may congregate on or near areas designed for pedestrian traffic or impede interpretive operations (i.e., Lincoln Home line and tours, guided neighborhood interpretive walks). Additionally, coolers, food wrappings, and beverage containers detract from the aesthetic appeal of the historic neighborhood. There is one area in the development zone of the park where picnicking is permitted. This area is outside the south door of the Visitor Center at the provided picnic tables.

Sports and Recreation

All areas of the site with the exception of Legacy Gardens are closed to public use involving sports or recreation except as authorized by a Special Use Permit.


Determination: Unauthorized sports or recreational activities including throwing a ball or frisbee and running games within the site may pose a safety hazard to participants and/or visitors, damage cultural resources, and interfere with interpretive programming.

Why less restrictive measures will not suffice: Throwing objects, participating in running games, or engaging in recreational activities not sanctioned by the National Park Service may cause players to collide with or impede visitors parking vehicles or touring the historic core of the site. Thrown objects may also damage historic structures including the Lincoln Home and fixtures such as reproduction street lamps. Legacy Gardens provides an open area where the chance of damaging structures or conflicting with other visitor uses is minimal.

Unmanned Aircrafts

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Lincoln Home 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: Unauthorized unmanned aircrafts within the site may pose a safety hazard to participants and/or visitors, damage cultural resources, interfere with interpretive programming, and harass local wildlife.

Why less restrictive measures will not suffice: The launching, landing, and operation can cause unmanned aircrafts to collide with or impede visitors walking and parking vehicles or touring the historic core of the site. Collisions may cause damage to historic structures including the Lincoln Home and fixtures such as reproduction street lamps and the exhibits within the boundaries of the site. Additionally, unmanned aircrafts detract from the aesthetic appeal of the historic neighborhood.



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

Lincoln Home Tour Program:

  • Visitation to the Lincoln Home is managed through a free tour ticket reservation system. A ticket is required for admittance to the interior of the Lincoln Home. Admittance is granted only for the guided tour time specified on the ticket.
  • Visitor capacity in the Lincoln Home will not exceed a total of 60 persons on the first and second floors, unless authorized by the Superintendent.
  • Tours of the Lincoln Home are limited to the designated visitor pathway (modern blue/gray carpet).
  • Consuming or carrying in unsealed container food, including chewing gum, candy, beverages, and the use of smokeless and other tobacco products and all electronic cigarettes, personal vaporizers or electronic nicotine delivery systems are prohibited.
  • Carrying items due to size and hardware that could damage interior features, baby strollers, baby backpacks, coolers, and items due to size and hardware that could damage interior features are prohibited in the Lincoln Home and may be subject to search and seizure. The park will not be responsible for lost, stolen, or confiscated items that were left unattended for any length of time.
  • Using cell phones (other than as a camera or video recorder), radios, TVs, and other audio devices not a part of the NPS tour program is prohibited.
  • Only one wheelchair will be admitted into the Lincoln Home at a time. Admittance will be limited to the first floor.
  • Segway devices are not permitted in the Lincoln Home.

Exhibit Areas:

  • The following are prohibited in the Visitor Center, Dean House, and Arnold House public use areas except by Special Use Permit:
  • Consuming food, chewing gum, candy, and the use of smokeless or other tobacco products, all electronic cigarettes, personal vaporizers or electronic nicotine delivery systems are prohibited.
  • The use of cell phones, radios, televisions, and other audiovisual equipment for other than personal use.
  • Segway devices (or similar) used by people with disabilities or transportation.

Determination:
These prohibitions exist, because there are numerous cultural resources (the Lincoln Home itself is considered a cultural resource) with in the Lincoln Home that may be irrevocably damaged.

The Segway (or similar type) device used by people with disabilities will not be allowed to operate in the Lincoln Home due to:

The Lincoln Home has original door frames and interior doors which if bumped or run into could result in significant damage. Other areas subject to damage include the plaster walls, wallpaper and the reproduction carpet in the dining room. Door frame and the railing system gates are narrower than today’s access standards and widths vary in size from 30 to 32 inches. There are artifacts in the historic houses including the Lincoln home which if bumped or run into could result in significant damage to the furniture or artifacts.


Visitor Safety:
Concern for the operator of the device due to small rooms, low and varying height of door frames. Concern also for the safety of visitors touring with the operator of the device and their ability to stop and start without interfering with others on the same tour in very tight spaces. The park has two standard wheelchairs that are available for loan to visitors to tour the park and exhibit areas. We will suggest that visitors with disabilities using a Segway device use one of them while touring the Lincoln Home and 4 blocks of the park if desired.

Why less restrictive measures will not suffice:
The Segway device is a vehicle except when used by persons with disabilities. The areas closed to their use by persons with disabilities are to protect the cultural resources from damage or destruction. It is also to provide a safe environment for other visitors and to protect them from potential injury due to the use of the device in small areas and when visitors are very close to each other. The park will loan a standard wheelchair free of charge for use to tour the closed areas.


The following restrictions and/or conditions are in effect for the specific uses or activities noted:

• None to note.

(a)(3) The following restrictions, limits, closures, designations, conditions, or visiting hour restrictions imposed under §§(a)(1) or (2) have been terminated:

• None at this time.

 

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:
    • Entry into the Lincoln Home
    • Use of Exhibit Areas
  • §2.4(d) Carry or possess a weapon, trap, or net
  • §2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
  • §2.12 Audio Disturbances:
    • (a)(2) Operating a chain saw in developed areas
    • a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
    • (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
  • §2.17 Aircraft & Air Delivery:
    • (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means
    • (c)(1) Removal of a downed aircraft
  • §2.23(b) The following special recreation activities (per 36 CFR Part 71):
    • $2 per hour fee for all privately owned vehicles parked within the bounds of Lincoln Home National Historic Site, unless permit has been issued.
  • §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)
  • §2.38 Explosives:
    • (a) Use, possess, store, transport explosives, blasting agents
    • (b) Use or possess fireworks
  • §2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events
  • §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views:

Under 36 CFR 2.51 (b)(1), 2.52 (b)(1) groups of 25 or fewer people may demonstrate, distribute, or sell printed matter, or give away noncommercial, message bearing, non-printed matter in designated, available areas without obtaining a permit. Designated areas are shown on the map (Appendix 3).

A demonstration means a demonstration, picketing, speechmaking, marching, holding vigils, or religious services, and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers.

A permit is required for all groups wanting to use a sound system under 36 CFR 2.12 (a)(4).

A permit is required for all groups wanting to solicit gifts, money, goods, or services under 36 CFR 2.37.

  • §2.52(c) Sale or distribution of printer matter that is not solely commercial advertising
  • §2.60(b) Livestock use
  • §2.61(a) Residing on federal lands
  • §2.62 Memorialization:
    • (a) Erection of monuments (Requires approval from Regional Director)
    • (b) Scattering ashes from human cremation
  • § 4.30 Bicycles
    • E-bikes are allowed in Lincoln Home National Historic Site where traditional bikes are allowed. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.
    • 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.)
    • 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 Lincoln Home National Historic Site 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.
  • §5.1 Advertisements - (Display, posting or distribution.)
  • §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:

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 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 t he 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 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 this action may 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.

  • §5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.

Determination: Activities listed above require Special Use Permits due to their potential for impact on visitation patterns, enjoyment, or other areas of the park, thereby requiring regulation buy the Superintendent or his/her designee.

 

III. GENERAL REGULATIONS

36 CFR §2.1 – Preservation of Natural, Cultural, and Archeological Resources


(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:

  • Visitor traffic is restricted to the “modern blue/gray carpet” in the Lincoln Home, and theexhibit areas of the Dean and Arnold Houses.
  • All exterior exhibits.

Determination: This prohibition exists, because there are numerous cultural resources (the Lincoln Home itself is considered a cultural resource) throughout the park that may be irrevocably damaged or cause a public safety concern.

(c)(1), (c)(2) The following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:

  • Fruits and berries may be gathered by hand for personal use or consumption.
  • The quantity of fruits and berries gathered shall not exceed the daily use of individual or family.

Determination: The allowable quantities will not adversely affect park wildlife, the reproductive potential of the species, or otherwise adversely affect the park resource.

36 CFR §2.2 – Wildlife Protection


• The entire park is closed to viewing wildlife by artificial light.

Determination: The purpose of the regulation is to protect park wildlife from poaching activity and the effect of temporarily blinding the animal and potentially jeopardizing its safety. NOTE: Night vision devices are not artificial lights; however, infrared lighting/beams are considered artificial lights and are included in the prohibition.

36 CFR §2.10 – Camping and Food Storage

  • There are no designated camping sites or areas within the boundaries ofthe historic site except as authorized by Special Use Permit.


Determination: There are no campgrounds or locations to support camping within the park.

36 CFR §2.11 – Picnicking


• Certain areas have been closed to picnicking and are listed in section 1.5(a)(1) “Closures”.

Determination: The site's Master Plan established a Historic Preservation Zone in the historic site. Picnicking within the Historic Preservation Zone, sidewalks, alleyways, and roads within the site may conflict with pedestrian traffic and the site’s historic 1860s neighborhood setting.

36 CFR 2.13 – Fires


(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:

Designated Areas:

  • There are no designated areas or receptacles for open fires within the boundaries of the historic site except as authorized by a Special Use Permit.

Receptacles Allowed:

  • Park approval for requested receptacle specified in the Special Use Permit.

Established Conditions for Fires:

  • Only allowed when not in a fire ban set by the municipal fire department.


(a)(2) The following restrictions are in effect for the use of stoves or lanterns:

  • Park approval for requested stove or lantern specified in the Special Use Permit.


(b) Fires must be extinguished according to the following conditions:

  • Camp or utilitarian fires must be drenched with water.
  • And camp or utilitarian fires must be covering with dirt.


Determination: This prohibition exists, because there are numerous cultural resources (the Lincoln Home itself is considered a cultural resource) throughout the park that may be irrevocably damaged or cause a public safety concern.

36 CFR §2.14 – Sanitation and Refuse


(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is allowed under the following conditions:

  • Amounts consistent with a family traveling and removing refuse from their mode of Transportation not to include campers, trailers, and motor homes

36 CFR §2.15 – Pets


(a)(1) The following structures and/or areas are closed to the possession of pets, with the exception of service animals:

  • All historic structures including, but not limited to, the Lincoln Home, Dean House, Arnold House, and Visitor Center. Service animals are permitted in historic structures, but can be asked to leave if they are being disruptive or cannot be kept under control by its handler.


The definition of “pet” is as follows:
“Pet” means dogs, cats, or any animal that has been domesticated. [36 CFR §1.4]

The definition of “service animal” is as follows:
“Service animal,” as defined under the Americans with Disabilities Act (ADA) is a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability.

“To do work or perform tasks” means that the dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.

An emotional support, therapy, comfort, or companion animal is not considered a service animal under the ADA if they have not been trained to perform a specific job or task.

(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:

  • No areas have be designated for unattended pets.

Determination: This requirement is intended to protect visitors, natural resources, park structures and to ensure that pets are properly cared for while in the park.


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

  • In all areas of the park pet excrement shall be removed immediately from the park or deposited in a refuse container by the person(s) controlling the pet(s).

Determination: The Lincoln Home grounds are highly developed cultural and natural resource within an urban area where concentrations of people gather. This restriction is intended to reduce any possible conflict between users and to provide a healthy and safe environment.

36 CFR §2.16 – Horses and Pack Animals


(a) The use of horses or pack animals is permitted on the following trails routes or areas:

  • Use is prohibited unless it is a horse mounted police / patrol unit, service animal or with a Special Use Permit

Definition: “Pack animal” means horses, burros, mules or other hoofed mammals when designated as pack animals by the superintendent. [36 CFR 1.4]


Determination: The Park is highly developed and not meant for routine use of horses and pack animals. This restriction is intended to reduce any possible conflicts between users and to provide a healthy and safe environment.

36 CFR §2.18 – Snowmobiles


(c) Snowmobiles may be operated only on designated routes

  • There are no designated areas within the boundaries of the park.


Determination: The Park is highly developed and not meant for routine use snowmobiles. This restriction is intended to reduce any possible conflicts between users and to provide a healthy and safe environment.

36 CFR §2.19 – Winter Activities


(a) The following park roads and/or parking areas open to motor vehicle traffic may be used for skiing, snowshoeing, ice skating, inner tubing, tobogganing, and similar winter activities under the conditions noted:

  • There are no designated areas within the boundaries of the park.


Determination: The Park is highly developed and not meant for routine use for winter activities. This restriction is intended to reduce any possible conflicts between users and to provide a healthy and safe environment.

36 CFR §2.20 – Skating, Skateboards, and Similar Devices


The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:

  • There are no designated areas within the boundaries of the park.


Determination: These restrictions are intended to reduce any possible conflict between users, protect natural and cultural resources, and for public safety concerns. In consideration of the increased potential for resource damage, threat to wildlife and the health and safety of visitors these actives are prohibited.

36 CFR §2.21 – Smoking


(a) Smoking in an area or location so designated is prohibited. The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:

  • Smoking and use of electronic cigarettes, personal vaporizers, or electronic nicotine delivery systems are prohibited at or inside:
  • Within all government/facilities/vehicles.
  • Within 25 feet of any entrance or exit primarily accessed by the visiting public.
  • Within 25 feet of any entrance or exit not generally assessed by the public, where smoking would result in smoke traveling through doorways, windows, air ducts, or other openings.
  • All park partner/tenant facilities located within the park.


Determination: These restrictions are intended to protect the health and safety of park visitors and employees, protect park resources, reduce the risk of fire and prevent conflicts among visitors use activities.

36 CFR §2.22 – Property


(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions:

  • There are no designated areas within the boundaries of the park.


Determination: Unattended property is inconsistent with the orderly management of park areas and may present a security or other threat to park resources. Property may not be left unattended in the park for security reasons, for the possible health/safety reasons and it is not compatible with the cultural landscape or interpretive value of the park.

36 CFR §2.23 – Rrecreation Fees


(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

  • Visitor and Bus Parking Lots: Parking is $2 per hour for all vehicles except school buses and for-hire motor coaches.
  • Special Recreation Permit Fee (Such as, but not limited to, group activities and recreation events). Activities that require a special use permit:
    • Festivals, Concerts
    • Weddings and ceremonies

(c) The collection of recreation fees may be suspended during the following periods:

  • National Public Lands Day
  • Other dates that may be authorized by the Secretary of the Interior or Director of the National Park Service
  • As authorized by the Superintendent through a Special Use Permit.


Determination: The authority to require a permit under this section is provided in §71.2. Examples of specialized recreation uses might be foot or bicycle races, festivals, filming, etc.

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:

  • The consumption of alcoholic beverages or the possession of an open container of an alcoholic beverage in the historic zone is prohibited except as authorized by a Special Use Permit.

Determination: This closure in the historic zone is based upon the determination that the consumption of an alcoholic beverage or the possession of an open container of alcoholic beverages would be inappropriate and in conflict with conducting interpretation and education programs presented in the historic zone.


In addition, a Springfield, Illinois city ordinance specifically prohibits the possession of an open container of alcoholic beverage or the consumption of alcoholic beverages on any public ways. Lincoln Home NHS is located within the city of Springfield, Illinois.

36 CFR §2.38 – Explosives


(b) Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:

  • Any use or possession of explosives in the boundaries of park are prohibited except as authorized by a Special Use Permit.

Determination: The Lincoln home grounds are highly developed cultural and natural resource within an urban area. The use of fireworks is inappropriate in urban areas and conflicts with visitor enjoyment due to the noise and is a hazard that poses a danger to the public and the cultural and natural resources.

36 CFR §2.60 –Livestock Use


(a) Livestock in park areas:

(3) Livestock use within the park is prohibited except to maintain an historic scene by means of special use permit.


Determination: The Lincoln home grounds are highly developed cultural and natural resource within an urban area. Livestock use is inappropriate in urban areas and conflicts with visitor enjoyment and public uses.

36 CFR §2.61 – Residing on Federal Lands


• Residing in the park is prohibited.

Determination: Residing in the park would conflict with the cultural intent and purposes and natural design of the park. It would also conflict with visitor enjoyment and public uses.

36 CFR §2.62 – Memorialization


(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:

  • There are no designated areas within the boundaries of the park.


Determination: The Lincoln home grounds are highly developed cultural and natural resource within an urban area. The spreading of ashes is inappropriate in urban areas and conflicts with visitor enjoyment.

36 CFR §4.21 – Speed Limits


(b) The following speed limits are established for the routes/roads indicated:

  • The maximum speed limit on paved park roads and parking areas is 15mph

Determination: This limit is in affect for public safety and to prevent road deterioration.

 

CCTV Use

In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that the Lincoln Home National Historic Site uses Closed Circuit Television (CCTV) security camera monitoring.

The NPS’s use of CCTV for law enforcement and security purposes and 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 activity; 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.

This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, 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.

Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.

Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.

 

Appendix 1 Still Photography Applications

The Long Form (NPS Form 10-932) and the Short Form (NPS Form 10-931) are available for download.

 

Appendix 2 Special Use Permit Applications

The Long Form (NPS Form 10-930) and the Short Form (NPS Form 10-930s) are available for download.

 

Appendix 3 Site Map, 36 CFR 2.51 & 2.52 Designated Areas


The Designated Public Use Areas are restricted to the street only, and do not include use of the walkways (brick or boards), grassy parkway areas or the alley adjacent to the areas

 
Aerial Map of Lincoln Home NHS with designated public use areas highlighted: Northern third of 8th street, southern third of 8th street, and area of Jackson Street southeast of Visitor Center between Visitor Center and parking lot

Last updated: November 5, 2022

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413 S. 8th Street
Springfield, IL 62701

Phone:

217 492-4241

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