Superintendent's Compendium

 

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

Nicodemus National Historic Site
304 Washington Ave.
Nicodemus, KS 67625

785- 839-4324 phone
785- 839-4325 fax

Approved:
Gregory K. Eads, Superintendent
03/09/2023

 

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.ecfr.gov

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

The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) Section 100101A to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the functional 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 for future generations” (16 U.S.C. Section 1). In addition, 54 USC §10075 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.”

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, 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, then that Superintendent is obliged to place limitations on public use.

3. Consistency of This Compendium with Applicable Federal Law and Requirements

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.

The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and National Park Service Director’s Order 12 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 the 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.

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
Nicodemus National Historic Site
304 Washington Ave.
Nicodemus, KS 67625

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

11. Availability

Copies of the Compendium are available at 304 Washington Ave., Nicodemus, KS 67625.

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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 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Nicodemus 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.

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:

• Visitor Center (VC) Hours: Thursday-Monday 9:00 am-5:00 pm. Closed Tuesday and Wednesday. VC closed Thanksgiving Day, Christmas Day, New Year’s Day.
• African Methodist Episcopal (AME) Church Hours: Thursday-Monday 9:00 am-5:00 pm. Closed Tuesday and Wednesday. AME Church closed Thanksgiving Day, Christmas Day, New Year’s Day.
• The Roadside Park is open daily.

Public Use Limits:

• Visitor Center has a 300-person maximum occupancy.

• African Methodist Episcopal (AME) Church has a 42-person maximum occupancy.

Determination: For reasons of fire safety and public safety.

Closures:

• St. Francis Hotel, First Baptist Church, District No. 1 School

Determination: For reasons of public safety and respect of private property owners’ rights For reasons of public safety and respect of private property owners’ rights

Filming Activities

5.5 Commercial filming, still photography, and audio recording:
(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit. Still photography does not require a permit unless:
- It uses a model, set, or prop
- It takes place where members of the public are not allowed
- The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts
(b) Audio recording does not require a permit unless:
- It takes place at locations where or when members of the public are generally not allowed
- The equipment requires mechanical transport
- It requires an external power source
- The activity requires monitoring or the acitivity impacts resources

Unmanned Aircraft

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Insert Park Name is prohibited except as approved in writing by the Superintendent.

Definition: Unmanned Aircraft (UA) - 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, and drones) that are used for any purpose, including for recreation or commerce.

Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Nicodemus National Historical Site will conflict with, or impact, a variety of park uses including visitor experience and has the potential to harm visitors, impact viewsheds, cause excessive

(a)(2) Designate areas for a specific use or activity or impose conditions or restrictions on a use or activity.

Masks -

Covid-19 (Mask Requirements)
When the COVID-19 Community Level is LOW or MEDUIM in Graham County based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.

When the COVID-19 Community Level is HIGH in Graham County based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or oterwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.

When the COVID-19 Community Level is HIGH in Graham County based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.

Regardless of vaccination status or local community transmission levels, all individuals over the age of two must wear masks, except when actively eating or drinking, in all common areas and shared workspaces in federally owned buildings administered by the National Park Service and in office space leased by the National Park Service.

Federally owned buildings administered by the National Park Service include, but are not limited to, visitor centers, administrative offices, maintenance facilities, and shared government buildings assigned to concessioners or other park partners; and buildings leased for commercial purposes to individuals or entities other than the National Park Service.

All individuals over the age of two, regardless of vaccination status or local community transmission levels, must wear masks in the following outdoor areas when others are present, except when actively eating or drinking, where the superintendent has determined that 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.

Regardless of vaccination status, all individuals must comply with all orders regarding masks issued by the Centers for Disease Control and Prevention.

CDC prevention measures continue to apply to all travelers on public transit, regardless of vaccination status. Masks remain required on all forms of public transit that operate within parks, including busses, trains, and boats/ferries, and in transportation hubs.

Occupancy

The number of visitors in the following indoor locations may not exceed the maximum occupancy identified for each location.

Indoor Location	Max Occupancy
Township Hall Visitor Center	25
AME Church	10

Entering or remaining in any of the indoor locations identified above after being asked not to enter or to leave the location because the maximum occupancy has been reached is prohibited.

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36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

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

§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)

§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)

§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

Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions of a permit issued under §2.50 (Special Events), §2.51 (Demonstrations) or §2.52 (Distribution of printed matter).

§2.38 Explosives:

• Use, possess, store, transport explosives, blasting agents

• Use or possess fireworks

§2.50(a) Special Events

Sporting events, pageants, regattas, public spectator attractions, entertainment, ceremonies, and similar events.

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views

(a) Demonstrations includes 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.

(b1) Demonstrations involving 25 persons or less do not require a permit unless:

• The event presents a clear and present danger to public health and safety

• The event takes place outside a designated areaStructures, stages, platforms, sound systems are used

• The event unreasonably interferes with other permitted demonstrations and special events, or park program activities

(c2) All demonstrations will be held in designated areas. Designated areas include:

• Township Hall Visitor Center Interior and Exterior

• AME Church Interior and Exterior

§2.52(c) Sale or distribution of printed matter and other message-bearing items.

Printed matter is message-bearing material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. Other message-bearing items include: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers.

Sale or distribution of printed matter and the free distribution of other message bearing items without asking for or demanding payment or donation must take place in designated areas and the small group permit exception applies (see Demonstrations §2.51 (b1) and (c2)).

§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 filming, still photography, and Audio Recording:

For permit information and applications, contact the Park Superintendent, 304 Washington Ave, Nicodemus, KS 67625 or call 785-839-4324.

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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:

• Public Use is restricted to the grounds of the Visitor Center and the Roadside park

• Park Visitors are not permitted access to any structures within the park boundary with the exception of the Township Hall Visitor Center and the AME Church.

• Visitors will not access privately owned property: St. Francis Hotel, First Baptist Church, District No. 1 Schoolhouse.

Determination: Visitors are to respect private property owners’ rights.

36 CFR §2.11 – PICNICKING

Visitors may use the Roadside Park for Picnicking.
Conditions for Picnicking:

• Fires will be contained in existing grilles only.

• Visitors will deposit all trash in designated refuse containers and leave the Roadside Park as they found it.

Determination: Fire is a threat to the resource and the surrounding agricultural fields. Improperly disposed trash is a threat to public health and safety.
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:

• Fires (including wood and charcoal) are prohibited on NPS Lands, except in receptacles on park roadside, grills provided.

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

• Use of portable gas grills in designated picnic areas is permitted.

Determination: Fire is a threat to the resource and surrounding agricultural fields. As per 36 CFR & 2.13 (a)(1) and &2.13 (a)(2)

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets:

• Visitor Center.
• African Methodist Episcopal (AME) Church
• Interior of all buildings on NPS Lands, with the exception of service animals.

(a)(2) Pets must be restrained on a leash that does not exceed six feet in length at the following locations:

• All areas not closed to the possession of pets.

Determination: Potential for injury due to close contact of animals with other Park Visitors.This restriction does not apply to guide dogs for the visually or hearing impaired or those suffering from seizures.

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

• Immediately bagged and disposed in refuse containers.

Determination: Animal waste is a threat to visitor health.

36 CFR §2.21 – SMOKING

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

• No smoking within the Visitor Center/Administrative Office

• No smoking within any buildings or structure on NPS Lands, or outdoors in front of air intake ducts (per Presidential Executive Order 13058)

• Smoking may be temporarily prohibited on NPS Lands as needed during periods of high wildfire danger, as posted.

Determination: Smoking is prohibited to protect park resources, reduce the risk of fire or prevent conflicts among visitor use activities.[2.12(a)]

36 CFR§2.31- TRESPASSING, TAMPERING and VANDALISM

The following portions of the park are prohibited from trespass, except with express invitation or consent of the person(s) having lawful control of the property or real property.

• St. Francis Hotel, District No.1 Schoolhouse, First Baptist Church.

Determination: Respect of private property owners’ rights.

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:

• Visitor Center

• AME Church.

Determination: Public consumption of alcoholic beverages and controlled substances is contrary to the purposes for which the park was established. Public consumption of alcoholic beverages on park roadway, and historic structures, throughout the park would create an unsafe environment and inappropriate use of the parks natural and cultural resources.

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36 CFRs4.30 - Bicycles

On September 23, 2021, the Superintendent designated paved roads and parking areas as open to electronic bicycles and motor vehicles within the historic Townsite of Nicodems.

Allowing electronic 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 of these locations by motor vehicles and bicycles.

Bicycle use must be consistent with protection of the park area's natural, ciltural, scenic and aesthetic values, safety considerations and management objectives, and will not disturb park resources or private property within the Townsite of Nicodemus.


Last updated: 03.09.2023