|
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. 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, 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 3 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:
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 States Code, 36 CFR, and this Superintendent’s Compendium. 7) Penalties for Not Adhering to the Compendium Requirement 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’s Compendium The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year. 10) Additional Information Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions. 11) Availability Copies of the Compendium are available at: Allegheny Portage Railroad NHS: https://www.nps.gov/alpo/learn/management/lawsandpolicies.htm Johnstown Flood NM: https://www.nps.gov/jofl/learn/management/lawsandpolicies.htm 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 of Allegheny Portage Railroad National Historic Site & Johnstown Flood National Memorial. 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 Allegheny Portage Railroad National Historic Site (ALPO) and Johnstown Flood National Memorial (JOFL), and the following closures are established for all or a portion of the parks to all public use or to a certain use or activity.
Visiting Hours: • The parks are open daily from Sunrise to Sunset.
• Visitor center and public buildings are open as scheduled and are posted at the facility, park websites and/or through press releases. • Park Visitor Centers and other public Facilities are closed on the following Federal Holidays; Thanksgiving Day, Christmas Day (December 25) and New Year’s Day (January 1). • The park superintendent may close park facilities due to severe weather on an as-needed basis. Closures:
• All abandoned surface and underground mine areas.
o This closure is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.
• All construction sites.
o This closure is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.
• Employee residence areas and access roads, maintenance areas and access roads.
o This closure is established to protect the privacy of park residents and the integrity of 5 safe park operations and is the minimum restriction necessary to achieve such protection.
• All buildings except park visitor centers, park headquarters, public restrooms and at ALPO the entire first floor and the basement restrooms of the Lemon House, the amphitheater and Engine House.
o This closure is established to protect the health and safety of park visitors and the fragile nature of historic structures and is the minimum restriction necessary to achieve such protection.
• All or portions of the park when it is necessary to protect the public from unsafe conditions or to protect the park resources from irreversible damage. Signs will be posted to announce such temporary closures.
o This closure is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.
• All or portions of any building when needed to protect the building from damage or wear or to protect the public from unsafe conditions. Signs will be posted to announce such temporary closures.
o This closure is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.
• ALPO – The New Portage Railroad from the Muleshoe Bridge to Dry Run Road is closed to vehicles. Except the portion of the New Portage Railroad from the Valley Forge Road to the PA State Game Lands 198 Parking Area (National Park Service lands and roads are closed to hunting).
o This closure is established to protect the health and safety of park visitors and the fragile nature of the New Portage Railroad and is the minimum restriction necessary to achieve such protection.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Motor Vehicles: • All trails, pipelines and transmission line rights-of-way, and non-designated roads are closed to motor vehicle traffic except for park staff or those individuals authorized by Park Management. Operation of a wheeled vehicle used to accommodate handicapped individuals is permitted. An exception to this regulation is in an easement agreement with PGC, public motor vehicles on the 6-10 trail from Valley Forge to the State Game Parking lot.
• This restriction is established to protect park resources from unnecessary damage and erosion due to off-road motor vehicle use and is the minimum restriction necessary to achieve such protection.
Trails:
• All trails, either paved or unimproved, are open to foot traffic only, except for wheeled vehicles used to accommodate handicapped individuals.
• This restriction is established to protect park resources from unnecessary damage and erosion due to off-road motor vehicle use and is the minimum restriction necessary to achieve such protection.
Bicycles:
• Bicycle use is prohibited on park roads closed to public travel. Bicycle use is prohibited on all trails in the parks, except the ALPO Staple Bend Tunnel Trail and the bicycle section of the ALPO 6-10 Trail, from the Muleshoe Bridge to the Dry Run Road trailhead parking area.
• Bicycles must be dismounted and walked on the section of the Path of the Flood trail which is within the boundary of JOFL for safety due to steep grades and curves. • This restriction is established to protect park resources from unnecessary damage and erosion, the maintenance of public health and safety and is the minimum restriction necessary to achieve such protection.
Picnicking:
• Picnicking is allowed only in the following designated sites:
• ALPO
Summit Level Picnic Area
Summit Level Visitor Center (west-side lawn) Amphitheater Level Number 10 Group Camp Area picnicking is authorized by permit only due to management of the area. Staple Bend Tunnel Parking Area at Beech Hill Road. • JOFL
Picnic Area
• This restriction is established for the protection of park resources and is he minimum restriction necessary to achieve such protection.
• Filming:
oThe 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.
o (a)(2) 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. o 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. o Areas closed to the public during the entire calendar year will not be considered for permitting.
• The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.
• The following are prohibited: o Engaging in a filming activity without providing advance notice to the Superintendent when required.
o Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required. o Violating a term and condition of a permit issued under this action. o The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit. o The following are prohibited:
Engaging in a filming activity without providing advance notice to the 7 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. o Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.
Recreational Activities:
• Kite flying, ball playing, Frisbee throwing, or similar recreational activities are not permitted on or within 10 feet of any walkway, trail, parking lot, road, or within 300 feet of park buildings. All park lands are closed to the placement of physical geocaches.
• This restriction is established to protect the health and safety of park visitors and to minimize conflict between user groups and is the minimum restriction necessary to achieve such protection.
Rock climbing:
• Rock climbing, repelling or similar activities are prohibited anywhere in the jurisdictional boundaries of the parks.
• This restriction is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.
Vehicle Maintenance:
• Washing, waxing, cleaning, or lubricating motor vehicles or repairing or performing any mechanical work upon motor vehicles, except in emergencies, are not permitted.
• This restriction is established to protect the health and safety of park visitors, the fragile nature of the park, and is the minimum restriction necessary to achieve such protection.
Special Activities: • Activities or temporary structures that detract from the visitor experience and that are not related to park purpose, themes, or co-sponsored by the park are not permitted.
• This restriction is established to protect the health and safety of park visitors, the protection of natural or cultural resources, the implementation of management responsibilities, to minimize conflict between user groups, and is the minimum restriction necessary to achieve such protection.
Radio-Controlled and Unmanned Aerial Vehicles: • Launching, landing, or operating an unmanned aircraft, including drones, from or on lands and waters administered by the National Park Service (NPS) within the boundaries is prohibited except as approved in writing by the Superintendent.
Determination of Closure/Limit National Park Service units are designed to provide for visitor experiences in which the park’s natural and cultural resources are protected in such a manner as to provide for their enjoyment by future generations. Noise and nuisance complaints have been documented in other NPS units where there has been use of unmanned aircraft systems. Their use is not compatible with visitors enjoying their National Parks in an unimpaired state. Additionally, unmanned aircraft systems have been shown to impact wildlife. Activities which disturb nesting, breeding and other activities are prohibited under 36 CFR § 2.2. In addition to preserving the natural and cultural resource qualities, visitor solitude, and ecosystem processes of the park, this closure is also necessary to provide for the security of closed park areas. The use of unmanned aircraft systems would provide an unacceptable security threat to areas of the park which are closed to the public. Less restrictive measures are not sufficient for security due to the sensitive nature of these closed areas. Conditions and Exceptions: This closure does not apply to the following activities: a) Administrative use of unmanned aircraft as approved in writing by the Associate Director of Visitor Resource Protection for such purposes as scientific study, search and rescue operations, fire operations, and law enforcement. Administrative use includes the use of unmanned aircraft by (i) NPS personnel as operators or crew; (ii) cooperators such as government agencies and universities that conduct unmanned aircraft operations for the NPS pursuant to a written agreement; and (iii) other entities, including commercial entities, conducting unmanned aircraft operations for the NPS, provided such entities are in compliance with all applicable FAA and Department of the Interior requirements. b) Activities conducted under a Scientific Research and Collecting Permit that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection in consultation with the Associate Director for Natural Resource Stewardship and Science. c) Activities conducted under a Special Use Permit (NPS Form 10-930) that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection. Pertinent Aircraft and Air Delivery information are stated in 36 CFR §2.17.
This condition is established to protect the health and safety of park visitors and to minimize conflict between user groups and is the minimum restriction necessary to achieve such protection.
(c) Except in emergency situations, prior to implementing or terminating a restriction, condition, public use limit or closure, the superintendent shall prepare a written determination justifying the action. That determination shall set forth the reason(s) the restriction, condition, public use limit or closure authorized by paragraph (a) has been established, and an explanation of why less restrictive measures will not suffice, or in the case of a termination of a restriction, condition, public use limit or closure previously established under paragraph (a), a determination as to why the restriction is no longer necessary and a finding that the termination will not adversely impact park resources. This determination shall be available to the public upon request. II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT(b) Permit Application
• Permit applications must be filed with the Superintendent at least 10 days before the anticipated activity. Applications are accepted no earlier than one year in advance of the proposed event. Permit applications must be accompanied by a $50 non-refundable Application Fee. When a permit is requested for the exercise of First Amendment rights, including freedom of assembly, speech, religion, and the press, the superintendent will issue the permit without any requirement for fees, cost recovery, bonding, or insurance.
(f) Permit Terms and Conditions
• Additional use and monitoring fees may be charged in accordance with established policy and procedure.
(g)The following is a compilation of those activities and/or public uses for which a permit from 9 the superintendent is required:
• §1.6 (f) Commercial Filming
o Under federal law, all commercial filming that occurs within a unit of the National Park Service.
o "Commercial filming" means the film, electronic, magnetic, digital, or other recording of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to, feature film, videography, and documentaries. Commercial filming may include the advertisement of a product or service, or the use of actors, models, sets, or props. • §2.2(d) Transporting lawfully taken wildlife across the park. • §2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals) • §2.10(a) The following camping activities: o ALPO: Level Number 10 Group Camping Area (refer to Section III, General Regulations of this Compendium for further details)
• §2.12 Audio Disturbances:
o (a)(2) Operating a chain saw in developed areas.
o (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas. o (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51. • §2.37 Soliciting or demanding gifts, money, goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)
• §2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events • §2.51(a) Demonstrations by more than 25 people • §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising by more than 25 people • §2.62 Memorialization: o Erection of monuments (Requires approval from Regional Director)
o Scattering ashes from human cremation
• §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). • §5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc. Applications for permits for the above-listed activities may be obtained by calling Allegheny Portage Railroad National Historic Site at 814-886-6100. III. GENERAL REGULATIONS36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL 10 RESOURCES(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the park in the following areas:
• ALPO - Level Number 10 Group Camping Area
(b) Restricted hiking or pedestrian traffic is listed in Section 1.5 of this document. (c)(1), (c)(2) The following fruits, nuts and berries 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: • Berries: 1 gallon per person/group per day.
• Nuts: 1 pound per person/group per day. • Mushrooms: ½ pound per person/group per day. • Fruits: ½ bushel per person/group per day This restriction is established to allow for collection of fruits, nuts, berries, and mushrooms by hand and for personal consumption in the quantities outlined above, which will not adversely affect park resources, and is the minimum restriction necessary to achieve such protection.\
36 CFR §2.2 - WILDLIFE PROTECTION
|
Last updated: April 3, 2024