Print-friendly Administrative Order #22-01 (March 2022) Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary AuthorityAmerican Memorial Park
Approved: A. INTRODUCTION1. 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.
This CFR is also available on the Internet at: Electronic Code of Federal Regulations (eCFR) The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.” 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. 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. NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium. 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: Chief Ranger 8. Comments on the Compendium Barbara Alberti, Superintendent 9. Effective Date of the Superintendent Compendium Copies of the Compendium are available at American Memorial Park’s Visitor Center, Microbeach Road, Garapan, Saipan, MP. It may also be found at: American Memorial Park: Laws and Policies. 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 American Memorial Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7. I. 36 CFR§1.5 - VISITING HOURS PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES (a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to use or to a certain use or activity:
Public Use Limits:
Determining Factor(s): This area receives a great deal of use and reservations are needed to reduce visitor conflict, monitor impacts on the resources, as well as to maintain the orderly management of the park.
Determining Factor(s): Seating Capacity
Determining Factor(s): These areas receive a great deal of use and reservations are needed to reduce visitor conflict, monitor, and control the impacts on the resources, and provide for the orderly management of the park.
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:
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.
(1) Engaging in a filming activity without providing advance notice to the Superintendent when required.
Determining Factor(s): The NPS issued this administrative order for the purposes of maintaining public health and safety during the COVID-19 pandemic emergency.
Court of Honor Other areas as needed when a large public event has been permitted and such use may cause conflicts 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 hp).E-bikes are allowed in American Memorial Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. 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). Determining Factor(s): The superintendent has determined that the use of wheeled modes of conveyance within those park areas is inconsistent with the mission of the park and other visitor pursuits and is further prohibited to protect the fragile resources of the park, ensure visitor safety, and not to impede the peace and tranquility of these areas.
Determining Factor(s): The superintendent has determined that the use of off-road motor vehicles within the park is inconsistent with the mission of the park and other visitor pursuits and is further prohibited to protect the fragile resources of the park and ensure visitor safety.
Maintenance Shop Determining Factor(s): These closures are in place in order to protect government equipment, to protect the public water supply, and to protect the public from hazards.
Determining Factor(s): These closures are in place in order to protect government equipment, to protect the public water supply, and to protect the public from hazards.
Determining Factors: This restriction is necessary for the protection of visitors who frequent these areas in bare feet as glass containers have the potential to break causing an unsafe environment.
Determining Factors: Fires may pose a threat to the park visitors, park facilities and surrounding private property.
Emergency Response (Police, Fire and EMS) Determining Factor(s): These restrictions are necessary to protect the park visitors who frequent these areas on foot.
Determining Factor(s): These activities are prohibited in these areas to protect the resources, ensure visitor safety, and not to impede the peace, tranquility, and commemorative nature of the park.
Determining Factors: Leaving property unattended in the park threatens public safety, the environmental and scenic values of the park, the natural and cultural resources of the park, and the orderly management of the park. Visitors seeking to leave property unattended within the park must obtain a permit from the Superintendent.
Court of Honor Marianas Memorial Carillon Bell Tower Determining Factor(s): Due to the large number of visitors and intended uses, picnicking in these areas diminishes the enjoyment by park visitors of the aesthetic, scenic, cultural values. These areas are identified by a yellow circle or yellow square on the attached Superintendents Compendium Reference Map. (a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Determining Factor(s): These areas receive a great deal of use and reservations are needed to reduce visitor conflict, monitor, and control the impacts on the resources, and provide for the orderly management of the park.
Determining Factor(s): Other activities such as: skateboarding, roller skates, bicycles, picnicking, etc. could potentially cause damage to the courts playing surface, which would result in costly repair bills. It would also impede other park visitors use of the tennis court areas. The following restrictions and/or conditions are in effect for the specific uses or activities noted:
The idling of engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park. Due to the nature of the service provided by first responders, they are excluded from the requirement.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of American Memorial Park 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. Determining Factor(s): The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within American Memorial Park will conflict with, or impact, a variety of park uses including visitor experience, and could produce unreasonable noise and impacts to the view shed that will adversely affect the park's natural, aesthetic, scenic and cultural value. In addition, UA’s may cause an unintentional disturbance of wildlife nesting, breeding, or other activities. (a)(3) The following restrictions, limits, closures, designations, conditions, or visiting hour restrictions imposed under §§(a)(1) or (2) have been terminated:
II. 36 CFR §1.6 - ACTIVITIES THAT REQUIRE A PERMIT (f) The following is a compilation of those activities for which a permit from the superintendent is required: §1.5(d) The following activities related to Public Use Limits: All events not sponsored by the National Park Service. §2.4(e) Carry or possess a weapon, trap, or net (excluding legal firearms) (e) (1) When necessary to support research activities conducted in accordance with §2.5. §2.5(a) Research Specimen coolection (a)Taking plants, fish, wildlife, rocks, or minerals except in accordance with other regulations of this chapter or pursuant to the terms and conditions of a specimen collection permit, is prohibited. §2.12(a) 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 §2.17 Aircraft & Air Delivery: (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means(c)(1) Removal of a downed aircraft §2.37 Noncommercial Soliciting 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) Special Events Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed: Provided; however, there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the superintendent. §2.51(a) Demonstrations and designated available park areas Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views §2.52 Sale of printed matter and the distribution of printed matter and other message-bearing items. Printed matter and other message-bearing items. The term “printed matter” means message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. The term “other message-bearing items” means a message-bearing item that is not “printed matter” and is not solely commercial advertising. Other message-bearing items include but are not limited to: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers. §5.1 Advertisements - (Display, posting or distribution.) 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. Such permission may be granted only if the notice or advertisement is of goods, services, or facilities available within the park area and such notices and advertisements are found by the Superintendent to be desirable and necessary for the convenience and guidance of the public. §5.3 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. §5.5 Still Photography and Audio Recording: Still photography activities are subject to the provisions of 43 CFR Part 5, subpart A. Failure to comply with any provision of 43 CFR Part 5 is a violation of this section. (b) Still photography does not require a permit unless: (1) It uses a model, set, or prop as defined in § 5.12; or (i) It takes place at a location where or when members of the public are not allowed; or (c) Visitors do not require a permit for still photography activities unless the still photography activity involves one of the criteria listed in § 5.2 (b). §5.6 Commercial Vehicles (b) The use of government roads within park areas by commercial vehicles, when such use is in no way connected with the operation of the park area, is prohibited. §5.7 Construction of buildings or other facilities. Constructing or attempting to construct a building, or other structure, boat dock, road, trail, path, or other way, telephone line, telegraph line, power line, or any other private or public utility, upon, across, over, through or under any park areas, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States, is prohibited. III. GENERAL REGULATIONS 36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHAEOLOGICAL RESOURCES (a)(4) Dead wood on the ground may be collected for use or fuel for fires in grills within the park in the following areas: Microbeach Recreational Area (a)(5) The following conditions are in effect for walking, climbing, entering, ascending, or traversing archaeological or cultural resources, monuments, or statues: Visitors must stay on designated pathways (c)(1), (c)(2) The following fruits, nuts, berries, or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions: Unoccupied seashells: up to ten (10) may be collected per person per day Determining Factor(s): Limited consumption of these resources does not adversely affect the reproduction of either plants or the wildlife food source. If future monitoring indicates that such gathering or consumption is likely to cause adverse effects to park resources, then the authorization of this consumptive use will be terminated. Use of these items for any purpose other than personal consumption is specifically prohibited. 36 CFR §2.2 - Wildlife Protection (e) The following areas are closed to the viewing of wildlife with the use of an artificial light: All areas of American Memorial Park 36 CFR §2.3 - Fishing Fishing shall be in accordance with the laws and regulations of the CNMI. 36 CFR §2.4 - Weapons, Traps, and Nets (a)(2)(i) Weapons (excluding legal firearms), traps, or nets may only be carried, possessed, or used at the following designated locations: Microbeach Recreational Area 36 CFR §2.10 - Camping Camping is prohibited. 36 CFR §2.11 - Picnicking Certain areas have been closed to picnicking and are listed in section 1.5(a)(1) “Closures”. Picnics involving more than 100 participants require a permit 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:
Microbeach Recreational Area
Government furnished grills
Fires will not be left unattended (b) Fires must be extinguished according to the following conditions: 36 CFR §2.14 - SANITATION and REFUSE (a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited.
Court of Honor Other areas as needed when a large public event has been permitted and such use may cause conflicts 36 CFR §2.15 - Pets (a)(1) The following structures and/or areas are closed to the possession of pets: Court of Honor (2) Pets must always be confined in one of the following methods: Removed from the park by the pet’s owner. 36 CFR §2.17 - Aircrafts and Air Delivery (a)(1) Operating or using aircraft on lands or waters other than at locations designated pursuant to special regulations is prohibited. 36 CFR §2.20 - Skating, Skateboards, and Similar Devices The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas, Pathways and Sidewalks. Court of Honor 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: Court of Honor 36 CFR §2.22 - Property (a)(1) Abandoning property is prohibited. Vehicles and boat trailers may be left unattended at the Smiling Cove Marina designated parking area for longer 24 hours not to exceed 1 week after obtaining a permit from the Superintendent. Any motor vehicle that is immobile because it is not capable of moving under its own power due to a mechanical malfunction. Vehicle not removed within three (3) days or it presents a hazard to or impedes normal park operations may be impounded by the Superintendent. Geocache items are not permitted to exceed 24 hours and shall not create any type of hazards or unsafe conditions including any type of digging or ground disturbance. Geocache items are prohibited in the following areas: Court of Honor 36 CFR §2.35 - Alcoholic Beverages (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: All areas of the park with the following exceptions: 36 CFR §2.38 - Explosives (b) Using or possessing fireworks and firecrackers is prohibited, which is in accordance with applicable State law. 36 CFR §2.50 - Special Events Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the superintendent. A written application for a Special Use Permit must be submitted to the Superintendent at least 30 days prior to the date desired for the event, along with a non-refundable application fee. 36 CFR §2.62 - Memorialization The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited. 36 CFR §4.2 - State Law Applicable Unless specifically addressed by regulations in this chapter, traffic and the use of vehicles within a park area are governed by State law. State law that is now or may later be in effect is adopted and made a part of the regulations in this part. 36 CFR §4.10 - Travel on Park Roads and Routes Park roads, open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document (attached hereto): Microbeach Road (c)(1) Track-laying motor vehicles, or other motor vehicles equipped with a similar traction device may be operated on the following routes under the terms and conditions noted: Those activities that will be administered through the Special Use Permit Program, in accordance with the criteria and procedures of 36 CFR §1.6 36 CFR §4.21 - Speed Limits (b) The following speed limits are established for the routes/roads indicated: Microbeach Road: 25 mph 36 CFR §4.30 - Bicycles Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document.
(d)(3) Riding a bicycle abreast of another rider is prohibited. 36 CFR §4.31 - Hitchhiking is prohibited
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Last updated: May 22, 2023