|
National Park Service 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 The CFR is also available on the Internet. 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.) §102701 (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” (54 U.S.C. §100101). 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” (54 U.S.C. §100501). 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 (54 U.S.C. §100101-101301), 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.” 54 U.S.C. §100501 defines the National Park System as”…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.” In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use. 3. Consistency of This Compendium with Applicable Federal Law and Requirements The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act. The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared. 4. Development of the Requirements of the Superintendent’s Compendium As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
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, assimilated state regulations, 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. 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 for viewing at Sand Creek Massacre National Historical Site, 1301 Maine St., Eads, CO 81036.
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 54 USC 100101, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Sand Creek Massacre 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. NOTE: NEPA compliance is not separately required for the discretionary actions listed herein. The authority to make the various determinations under this title is provided for in 36 CFR, which has undergone NEPA compliance. However, NEPA compliance may be required in the application of these determinations. (i.e., issuing a research permit or other permit that has “potential environmental effects”.) (R.Mihan/SOL 11-20-02) I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREADESIGNATIONS 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: Hours of Operation:
Public Use Limits: Face Mask Requirement When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located 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 otherwise 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 one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine 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 Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status. Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the Motor vehicle, bicycle, and e-bike access to Sand Creek Massacre National Historic Site is limited to designated public roadways and parking areas. Bicycles and e-bikes are permitted only on the gravel roads that are open to the public. All privately owned motorized vehicles, bicycles, and e-bikes are prohibited on service roads and trails except as authorized during special events. Determination: It is necessary to establish these public use limits to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Restrictions may also help to reduce conflicts and protect the sensitive nature of the site. Public pedestrian access is restricted to designated public use trails during open hours only (Appendix 1.1). Determination: It is necessary to establish these public use limits to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Restrictions may also help to reduce conflicts and protect the sensitive nature of the site. Picnicking is allowed only within the designated visitor use area next to the main trailhead (Appendix 1.2). Determination: It is necessary to establish this public use limit to protect natural and cultural resources from intentional or unintentional resource damage. In addition, this type of activity in most locations that are open to the public is considered inappropriate to the sensitive nature of the site and the purposes for which the park was established. Public access is restricted on non-public service roads except through special use permits and for approved contractors and lessees. Determination: Designated non-public service roads are used by park personnel only for resource management, maintenance and other purposes as approved by park management. All motor vehicles, commercial and private, on all park roads and parking areas within the park must shut down their engines when not underway, unless necessary for health and safety reasons as approved by NPS personnel. Determination: The idling of vehicle engines adds unnecessary exhaust fumes to the air, contributes unnatural sound and diminishes the ability of visitors to experience the peace and tranquility of the park. Segways and other gyroscopically controlled devices and Motorized Scooters are prohibited on trails. Note: This closure applies to modes of transportation with internal combustion engines and to electric vehicles such as Segways® and to hoverboards. Motorized wheelchairs are defined separately and are not considered motor vehicles. Segways and motorized scooters, as defined under 36 C.F.R. § 1.4, are motor vehicles. Pursuant to 36 C.F.R. § 1.5(a) and 4.10(a) Segways and motorized scooters are prohibited from all trails and sidewalks in the Park. Mobility Assistance Exception: Any park visitor needing mobility assistance is permitted to use a motorized wheelchair, Segway or motorized scooter in designated areas throughout the Park, including all structures, facilities, park roads, sidewalks, and other surfaces where the public is allowed access and when such devices are used for the sole purpose of mobility assistance. Use of any mobility assistive device, as outlined above, must also adhere to the following: a) No person under 16 years of age may operate a Segway or motorized scooter without direct adult supervision. b) A person shall operate any mobility assistive device in a safe and responsible manner so as not to endanger one’s self or any other Park visitor. c) A person riding any mobility assistive device has all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians. Determination: Segways are a two-wheeled, gyroscopically stabilized, battery-powered personal transportation device. While Segways and motorized scooters (or similar devices) are not “designed solely for” mobility-impaired persons and thus do not meet the definition of a motorized wheelchair in 36 CFR Section 1.4, some individuals needing mobility assistance use these devices as their means of personal mobility in lieu of more traditional devices like the wheelchair. As stated in NPS Management Policies, Section 8.2.4, and described in more detail in Director’s Order 42, the NPS is committed to making all reasonable efforts to make its programs, facilities, and services accessible to people needing mobility assistance. The NPS has set a goal of ensuring that all people, including persons needing mobility assistance, have the highest level of accessibility that is reasonable to our programs, facilities, and services in conformance with applicable regulations and standards. Allowing the use of motorized wheelchairs, Segways and motorized scooters in the park by people needing mobility assistance is part of this effort. In that light, managers have determined that the use of motorized wheelchairs, Segways, motorized scooters and similar devices by persons needing mobility assistance is safe and appropriate in all designated areas of the park currently open to access by the public. E-bikes Definition: 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 horsepower). E-bikes are permitted within the same areas of the Park as traditional bicycles. Where traditional bikes are prohibited, so are e-bikes. Within the park, bicycles and e-bikes are restricted to paved road surfaces, to paved parking lots, and to the pedestrian walkway to the fort. 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, State law that is adopted and made a part of this document will also govern e-bike use within the Park. Any violation of State law adopted by this paragraph is prohibited. Determination: Consistent with Policy Memorandum 19-01 reference e-bike use: Bicycle and e-bike use is allowed on the graveled road surfaces that are open to vehicles and on the graveled pedestrian trails. Bicycles and e-bikes are prohibited on all other trails. Unmanned Aircraft Launching, landing or operating an unmanned aircraft from or on lands and waters administrated by the Sand Creek Massacre NHS is prohibited except as approved in writing by the Site Manager. Definition: The term “unmanned aircraft” is defined as meaning 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 control or operate 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: Consistent with 36 CFR 1.5 (a), it is necessary to establish this public closure to protect natural and cultural resources from resource damage and to protect visitors and National Park Service employees. In addition, these types of modern activities in the Sand Creek Massacre NHS are considered inappropriate to and inconsistent with the historic, cultural and natural values protected by the National Park Service and the purposes for which the national historic site was intended. This restriction will help to reduce user conflicts, and to maintain an environment safe for wildlife, visitors and employees. Service Animals Per Policy Memorandum 18-02, service animals are not subject to the Park’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Persons with disabilities have the right to train the service animal themselves and are not required to use a professional training program. Service animals-in-training are not considered service animals. The work or tasks performed by a service animal must be directly related to the individual’s disability. Some of the many examples of work or tasks performed may include:
The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Service animals must be allowed wherever visitors are allowed when accompanying an individual with a disability, subject to the requirements for using service animals as stated herein. A service animal must be harnessed, leashed or tethered, unless (1) these devices interfere with the service animal’s work, or (2) the individual’s disability prevents them from using these devices. In those cases, the individual must maintain control of the animal through voice, signal or other effective means. NPS staff may require an individual with a disability to remove a service animal from a facility, service, program, or activity if:
If a service animal is excluded for these reasons, the individual with the disability must have the opportunity to participate in the service, program or activity without the service animal. The Park can prohibit service animals from areas in which visitors are allowed if their presence would necessitate a fundamental alteration in the Park’s programs, services or activities. Determination Statement: Policy Memorandum 18-02 as stated above is the most recent guidance on the definition of service animals and the implementation of policies and procedures regarding service animals in NPS areas. Recreational Activities The Park is closed to public use activities involving sports or other recreational activities not related to the historical themes of the Park unless under a special use permit. Public pedestrian access is restricted to designated public use trails during open hours only. Determination Statement: It is necessary to establish this public use limit to protect the natural and cultural resources from resource damage and to maintain public safety. In addition, most recreational activities are considered inappropriate to the historic and cultural nature of the Park and the purposes for which the Park was intended. Traditional Geocaching is prohibited. (See also 36 CFR § 2.22 -- PROPERTY.) Determination: Due to concerns of unchecked development of traditional geocaches and the resultant development of associated social trails in areas of archeological, scenic, and biological significance, and the concern of geocache placement in unsafe areas, public development of traditional caches is prohibited. However, park-reviewed and -approved EarthCaches and ParkCaches offer a virtual and educational form of caching, poses an acceptable alternative for the caching community. Closures: Any road, parking area, trail, facility or portion of a facility that is posted as closed by barricades, closed gates or signs is closed to public access. Note: Pursuant to P.L. 106-465 (The Sand Creek Massacre NHS Establishment Act of 2000), Sec. 9(b) “…the Secretary shall temporarily close to the general public one or more specific portions of the site in order to protect the privacy of tribal members engaging in a traditional, cultural, or historical observances in those portions; and any such closure shall be made in a manner that affects the smallest practicable area for the minimum period necessary for the purposes described above.” Determination: It is necessary to occasionally close normal public use areas to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities and to comply with the park’s enabling legislation as cited above. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Specific Uses: (a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted: Selected commemorative needs may require the temporary use of designated sections of the park for overnight use for traditional, cultural and historical purposes by any descendant or other member of a tribe. (P.L. 106-465, Sec. 8 (b) and Sec. 9 (a)(1)) Overnight use of park facilities may be considered necessary and/or beneficial to the government. Use is limited to NPS employees and tribal representatives of the Cheyenne and Arapaho tribes. (Sand Creek Massacre NHS Policy Directive #11 and P.L. 106-465) Determination: This public use limit is necessary to protect natural and cultural resources from damage, theft, vandalism, and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which may become extreme during seasonal variations of weather. 36 CFR §2.51(e) Locations Available for Public Assembly (First Amendment Areas)
36 CFR §2.52(e) Locations Available for Sale or Distribution of Printed Matter
Designated Contemplative Area
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 site manager is required: Note: Apply for a permit through the Site Manager’s office.
Determination Statement: Vehicle use, walking and picnicking outside of designated areas is prohibited for the protection of natural and cultural resources, and to prevent conflict with other visitor activities.
Note: When permits are required for scientific activities pertaining solely to cultural resources, including archeology, ethnography, history, cultural museum objects, cultural landscapes, and historic and prehistoric structures, other additional permit procedures may apply.
Determination: This public use limit is necessary to protect natural and cultural resources from damage, theft, vandalism, and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which may become extreme during seasonal variations of weather.
Note: During the small group exception for freedom of speech activities in the designated areas (see above), demonstrators may distribute and sell printed matter as long as the material’s “primary purpose is advocacy, definition or explanation of the group’s or individual’s political, religious, scientific or moral views.”
Determination: Park management has implemented a Livestock Policy that identifies the conditions under which outside livestock are permitted in the park for the protection and safety of park livestock, employees, visitors, and resources.
Determination Statement: Additional limits on memorialization are enacted in order to protect the sensitive nature of the site.
For more information on permit requirements or application procedures, contact: Superintendent, the Sand Creek Massacre NHS; PO Box 249, Eads, CO 81036; 719-438-5916. All permits must be compatible with the purposes for which the park is established and are subject to review by park staff and tribal representatives. III. GENERAL REGULATIONS 36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES (b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document.
36 CFR §2.2 - WILDLIFE PROTECTION (d) The transporting of legally taken wildlife through the park is permitted under the following conditions and procedures:
(e) Viewing wildlife by artificial light (spotlighting, including redirection of vehicle headlights) is prohibited park-wide. NOTE: Night vision devices are not artificial lights, however, infrared lighting/beams are. Determination: These regulations help to protect against the unlawful taking of wildlife within the park. 36 CFR §2.3 – FISHING (d)(8) Fishing is not permitted within the park. 36 CFR §2.4 – WEAPONS, TRAPS, AND NETS (a)(2)(i) Weapons, traps, or nets may only be carried, possessed, or used at the following designated times and locations:
36 CFR §2.10 – CAMPING and FOOD STORAGE (a) Camping is prohibited within Sand Creek Massacre NHS. 36 CFR §2.11 – PICNICKING Picnicking is limited to the designated visitor use area next to the main trailhead. Note fire and grill use limitations listed under §2.13 – FIRES. Determination: Picnicking in the designated areas of the Park will maintain the proper decorum of the sacred site and keep the site clean. 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:
36 CFR §2.14 – SANITATION and REFUSE (a)(2) The use of government refuse receptacles or facilities for dumping private household, municipal, commercial, or industrial refuse is prohibited. 36 CFR §2.15 – PETS (a)(1) The following areas are closed to the possession of pets:
Notes: Pets cannot be brought into any other public buildings or public transportation vehicles. This restriction shall not apply to certified service dogs (See Interim Policy Memorandum 18-02 – Use of Service Animals by Visitors with Disabilities). Service animals are exempt from this restriction (see service animal section at 36 CFR §1.5 Closures and Public Use Limits). Emotional support, therapy, comfort or companion animals are not considered service animals. Provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of what is defined as a service animal in the NPS policy. Although the presence of these animals provides a calming effect for many people, they do not qualify as service animals because they have not been trained to perform a specific job or task. Therefore, a park can treat an emotional support animal as a pet in accordance with its pet policy. (a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:
(a)(5) Pet excrement must be immediately collected and removed from the Park by the pet owner or responsible person. All animal waste must be removed no matter the location. Visitors bringing pets to the park must carry on their person a bag or other device for the containerization and removal of excrement. Visitors shall immediately containerize and remove pet excrement by depositing it in a trash receptacle or by otherwise taking the excrement from the park. Determination: These restrictions are necessary to provide for the protection of Park resources, wildlife and public safety. While visiting the Park with pets can be a positive pet owner experience, pets have been shown to have negative impacts on Park resources, wildlife and visitors. These impacts include noise, pursuit and harassment of wildlife, defecation, scent marking of wildlife habitat and aggressive, violent behavior. These restrictions are also necessary to keep pets safe from Park wildlife, such as rattlesnakes and coyotes. Managing pet excrement is necessary for human and pet health and safety. 36 CFR §2.16 – HORSES and PACK ANIMALS (a) The following animals are designated as pack animals for purposes of transporting equipment:
(g) Other conditions concerning the use of horses or pack animals:
Determination: The trails at Sand Creek Massacre are maintained for pedestrian use. Plenty of opportunities outside of the park for horse use are available. 36 CFR §2.19 – WINTER ACTIVITIES
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:
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 the consumption of alcoholic beverages and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken or the contents of which have been partially removed.
Determination Statement: The consumption of an alcoholic beverage or the possession of an open container of an alcoholic beverage would be inappropriate considering the purpose for which the Sand Creek Massacre National Historic Site was established (P.L. 106-461). 36 CFR §2.51 – DEMONSTRATIONS (c)(2) The following area has been established for small First Amendment activities that do not require a Special Use Permit. It is available on a first-come, first served basis. The established location is:
Note: First Amendment activities for 14 days or less and involving 25 people or fewer do not require a Special Use Permit to demonstrate or distribute or sell printed matter under our First Amendment rights. However, First Amendment activities without a permit are restricted to the designated first amendment site listed above. This site was selected by the park for its high visibility and access to the public and for the physical nature of this site to provide ample room for freedom of speech activities. Activities shall not cause injury or damage to park resources, unreasonably interfere with tranquility or interpretive activities, or create a clear or present danger to park visitors. 36 CFR §2.52(e) –LOCATIONS AVAILABLE FOR SALE OR DISTRIBUTION OF PRINTED MATTER (b) The sale or distribution of printed matter for the purposes of expressing First Amendment views is allowed within park areas designated as available under §2.51(c)(2). 36 CFR §2.62 – MEMORIALIZATION (b) A permit is required for the scattering of ashes from cremated human remains. The scattering of human ashes from cremation is allowed pursuant to the terms and conditions of a permit as outlined below:
Determination: These conditions for memorialization are to provide for a safe, sanitary and orderly process for the Park visitors and staff; while at the same time taking into consideration the wishes of a deceased person and/or their loved ones. 36 CFR §3.21 – SWIMMING AND BATHING (a)(1) The following areas are closed to swimming and bathing:
36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES (a) Park roads, open for travel by motor vehicle, are those indicated below:
Any road, parking area, trail, facility or portion of a facility which is posted or closed by barricades, closed gates or signs is closed to public access. Determination: It is necessary to occasionally close normal public use areas to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. 36 CFR §4.21 – SPEED LIMITS (b) The following speed limits are established for the routes/roads indicated.
36 CFR §4.30 – BICYCLES (a) Bicycles and e-bikes are limited to public gravel roadways gravel parking areas.
Determination Statement: The unimproved nature of park service roads and unpaved trails is inconsistent with the safe operation of bicycles. Bicycles are allowed on the paved trail between the visitor parking lot and the reconstructed fort because they are compatible with the use of motorized golf carts by park staff to transport visitors on the paved trail. (See e-bike notes under section 1.5 Closures for more information specific to e-bikes.) 36 CFR §4.31 – HITCHHIKING Hitchhiking is prohibited under the terms and conditions noted:
36 CFR §5.1 – ADVERTISEMENTS Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent. NOTE: See §5.1 for criteria for granting permission. 36 CFR §5.3 – BUSINESS OPERATIONS Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited. 36 CFR §5.5 – COMMERCIAL PHOTOGRAPHY (a) Before any motion picture may be filmed or any television production or soundtrack may be made by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent through the permitting process. (b)Taking photographs of any vehicle or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited. 36 CFR §5.6 – COMMERCIAL VEHICLES (b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is prohibited and requires permission or a permit from the Superintendent. NOTE: See conditions for granting permission or issuing a permit in §5.6. 36 CFR §5.7 – CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES Such activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States. IV. APPENDIX 1.1 Public Use Trails 1.2 Visitor Use Area 1.3 First Amendment Area 
NPS 
NPS 
NPS |
Last updated: March 30, 2023