|
National Park Service, U.S. Department of the Interior,
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 DocumentsP.O. Box 371954Pittsburgh, PA 15250-7954The CFR is also available on the Internet at: http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrv1_05.html
The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) § 10010 (a)(formerly 16 U.S.C. 1a-1, “Organic Act”). §100101 states: “The Secretary, acting through the Director 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 wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wildlife in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. In addition, 54U.S.C. § 100175(a) allows the NPS, through the Secretary of the Interior, “to make such regulations as the Secretary considers necessary or proper for the use and management of the System units.”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, 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.”§100101 Section (b)(1)(A) defines the National Park System as”…the National Park Service, which began with the establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region in the United States and its territories and possessions.”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.
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.
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.
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 fines and/or imprisonment as provided by law (18 U.S.C. 3571) (18 U.S.C. 3559) You may receive a list of fines associated with any particular provision by contacting the Superintendent at the park address found below.
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: SuperintendentAndrew Johnson National Historic Site 121 Monument Ave.Greeneville, TN 37743
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.
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4Definitions.
Copies of the Compendium are available at the Visitor Center, located at 101 N. College St. Greeneville, TN 37743 and at Park Headquarters, located at 121 Monument Ave.Greeneville, TN 37743. The Compendium may also be found at www.nps.gov/anjo/learn/management/lawsandpolicies.htm
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 Andrew Johnson 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:
Winter Hours (December 1 – March 31)
Determination: This restriction establishes operating hours for the visiting public. On occasion, limited variations to this schedule may occur due to hazardous weather or operational need.Public Use Limits:
Determination: These restrictions serve to protect the resources contained inside the historic structure of the Homestead. On occasion, limited variations to these limitations may occur due to operational need.
Determination: This protects historic furnishings and park facilities from damage due to spills of food or beverage. This also protects the museum environment from food droppings helping to prevent the attraction of pests.
Entering or remaining in any of the indoor locations identified in the table above after being asked not to enter or to leave the location because the maximum occupancy has been reached is prohibited.Determination: Pursuant to 36 C.F.R. § 1.5(a)(2), the Park has imposed these restrictions to protect the health and safety of NPS employees, volunteers, partners and contractors, and park visitors.
However, any park visitor with a disability is permitted to use Segways and motorized scooters throughout the park, including all structures that are handicap accessible, facilities, park roads, sidewalks, and other surfaces when such devices are used for the sole purpose of mobility assistance. Finally, use of any mobility assistive device, as outlined above, must also adhere to the following:
Determination: This is an interim limitation on Segways as well as motorized scooters subject to change pending development of NPS Management Policy that addresses this emergent technology in the National Park System.
Determination: This is consistent with Policy Memorandum 19-01 and provides for e-Bike use and regulation on the same basis as bicycles without power assist capabilities (“traditional bicycles”).Closures:
Definition: The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links.) This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.Determination: Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Andrew Johnson NHS is closed to the use of these devices. The use of unmanned aircraft within the boundaries of Andrew Johnson NHS has the potential to harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. This closure is being implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.
Determination: This restriction is designed to protect the historic character and cultural resources of the site, as well as avoiding conflict among visitor use activity in the limited acreage of the park. (a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Harbor Day, Wreaths Across America Day (the third Saturday in December), December 29th (Presidential wreath laying ceremony), and other dates designated by the superintendent as having special historic and commemorative significance to a particular national cemetery.Committal services are excluded from this restriction.
Determination: As specified in 36 CFR 12, “National cemeteries are established as national shrines in tribute to the gallant dead who have served in the Armed Forces of the United States. Such areas are protected, managed and administered as suitable and dignified burial grounds and as significant cultural resources. As such, the authorization of activities that take place in national cemeteries is limited to those that are consistent with applicable legislation and that are compatible with maintaining the solemn commemorative and historic character of these areas.” As a final resting place of the President of the United States and thousands of veterans across many theaters of war, the Superintendent has specifically designated Pearl Harbor Day, Wreaths Across America Day, and December 29th (the day of Andrew Johnson’s birth), as day with special historic and commemorative significance to the Andrew Johnson National Cemetery.
Determination: Developed in the early twentieth century, the roads in the national cemetery are too narrow and steep for many large modern vehicles. This restriction is made to protect the cultural resources within the cemetery, and to protect the safety of visitors.
§2.51 (a) (2).
§2.52)
ceremony, and similar events
Determination: Permit systems authorized and issued pursuant to specific regulations in this chapter, except §1.5, need not be supported by a written determination unless required by the specific authorizing regulation {48 FR 30262}.
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
Determination: Park management has endeavored to make historic resources open and available to public access. Barriers are placed throughout the Homestead to protect the historic resources contained within the building and better regulate visitor access and tour flow.
Determination: Park management has determined that visitor consumption of the above quantities of listed fruits and nuts will not adversely affect park wildlife, the reproductive potential of plant species, or otherwise affect park resources. 36 CFR 2.13 – FIRES(a)(1) The lighting or maintaining of fires or campfires by the public is prohibited.Determination: The park provides no designated areas or receptacles for lighting or maintaining fire.
36 CFR §2.14 - SANITATION and REFUSE 2.14 (a) (2) The use of government refuse receptacles, garbage cans and dumpsters for the disposal of household, commercial, or industrial refuse, brought as such from private or municipal property is prohibited.Determination: This provision is enacted to prevent an undo fiscal burden from being placed on the park and to ensure compliance with health and sanitation regulations. 36 CFR §2.15- PETS2.15 (a) (1) Pets are prohibited in the landscaped and grassy areas within the Andrew Johnson National Cemetery; they may only be walked on the road and paved/concrete walkways within the cemetery. Pets must be leashed at all times.Pets are permitted in the outdoor areas adjacent the visitor center, Early Home, and Homestead locations of Andrew Johnson National Historic Site with some restrictions.
Service animals are an exception to most pet restrictions and are allowed in public buildings. Service animals must be kept under control and on a leash at all times.Determination: In accordance with 36 CFR 12.2, pets will not be permitted in the grassy areas of the national cemetery; they may only be walked on the road and paved walkways within the cemetery. This is to prevent animal disturbance of gravesites within the cemetery. Pets must be leashed at all times. For the purposes of this determination, service animals are not considered pets and may be utilized in the park. 36 CFR §2.20 – SKATING, SKATEBOARDS, AND SIMILAR DEVICESThe use of all such devices is prohibited in the national cemetery and the parking lots at the Early Home and Homestead. 36 CFR §2.21 – TOBACCO PRODUCTS
Determination: These restrictions are intended to protect the health and safety of park visitors and employees, protect park resources, reduce the risk of fire and prevent conflicts among visitors use activities. [§2.21(a)] These restrictions are modeled on the guidelines and restrictions that the General Services Administration (GSA) has placed on all GSA-owned or administered facilities. The purpose is to provide for the protection of our employees' health while allowing reasonable accommodations and smoking areas for those employees who choose to smoke. The primary considerations for restricting smoking in visitor use areas are public and fire safety.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:
Determination: The consumption of alcoholic beverages In the Andrew Johnson National Cemetery would be inappropriate considering the purpose for which it was established and maintained as expressed in 36 CFR §12.2 to the established values of the National Cemetery.36 CFR §2.51 (a) (2) FIRST AMENDMENT RIGHTS DEMONSTRATIONS, PUBLIC ASSEMBLIES
2.51© (Boardley v DOI, 2010)
Determination to provide a location for First Amendment rights demonstrations: This action is necessary to comply with 36 CFR 2.51 (e) to provide maps showing the locations available for public assembly and designating an area for the purpose of First Amendment rights demonstrations.The areas provided should not unreasonably interfere with visitor service, but should provide substantial public recognition for any public assembly activity. 36 CFR §4.13 – OBSTRUCTING TRAFFICThe following are prohibited:
Determination: Ensuring the honorable burial of eligible veterans and their families is among the highest priorities of park staff and operations. Maintaining open access for funeral processions and emergency vehicles is critical to the ensuring a smooth arrival and transition in the national cemetery36 CFR 4.21 (b) SPEED LIMITS The maximum speed limit in the National Cemetery is 10 miles per hour (MPH).Determination: This regulation is adopted to provide for maximum safety for park visitors. 36 CFR §2.52 SALE OR DISTRIBUTION OF PRINTED MATTERA permit must be obtained from the Superintendent for the sale or distribution of any printed material. The sale of printed matter by 25 or fewer persons may be conducted without a permit (Boardley v. DOI, 2010). Location of such sale or distribution will be limited to those areas allowed by the superintendent.Determination: Permits of this type are necessary to control the sale or distribution of printed mater since such activity may conflict with the overall safety and enjoyment of the Park by the majority of its visitors. 36 CFR §5.5 COMMERCIAL PHOTOGRAPHYIn accordance with Public Law 106-206, still photography, (whether commercial or noncommercial) will not require a permit unless:
Determination: These regulations comply with current federal law and National Park Service policy. §12.4 SPECIAL EVENTS AND DEMONSTRATIONSConducting a special event or demonstration, whether spontaneous or organized, is prohibited except for official commemorative events conducted for Armed Forces Day, Flag Day, Independence Day, Memorial Day, National Former POW Recognition Day, National POW/MIA Recognition Day, Veterans Day, Wreaths Across America Day, and other dates designated by the superintendent as having special historic and commemorative significance to a particular national cemetery. Committal services are excluded from this restriction.Designated occasions when special services are permitted in the National Cemetery are: The days listed above, as well as:Pearl Harbor Remembrance Day - "Pub. L. 103–308, 108 Stat. 1169, designates December 7 of each year as National Pearl Harbor Remembrance Day. The resolution was signed by President Bill Clinton on August 23, 1994, being listed in 36 U.S.C. § 129 of the United States Code. Andrew Johnson National Cemetery is the final resting place for many from the local community and area, who served their country during the December 7th attack and subsequent World War.December 29th – Andrew Johnson was born Dec. 29th. Each year on their birthday, the current sitting US President provides a wreath for service and the Department of Defense conducts a ceremony at the monument or grave of each former, deceased President.Determination: As specified in 36 CFR 12, “National cemeteries are established as national shrines in tribute to the gallant dead who have served in the Armed Forces of the United States. Such areas are protected, managed and administered as suitable and dignified burial grounds and as significant cultural resources. As such, the authorization of activities that take place in national cemeteries is limited to those that are consistent with applicable legislation and that are compatible with maintaining the solemn commemorative and historic character of these areas.” 36 CFR §12.10 – FLORAL AND COMMEMORATIVE TRIBUTESThe placement on a grave of fresh cut or artificial flowers in or on a metal or other non-breakable rod or container designated by the superintendent is allowed at times designated by the superintendent.Allowed
Prohibited
Determination: These decoration guidelines balance the need of families to decorate graves with the responsibility of National Cemetery Staff to maintain cemetery ground in a safe and orderly fashion, with allowances for seasonal and holiday variance. Park staff will hold removed artificial flowers and other commemorative items for one month prior to disposal. 36 CFR § 12.11 – RECREATIONAL ACTIVITIESEngaging in a recreational activity within the national cemetery is prohibited.Determination: As stated in 36 CFR § 12.2, “the authorization of activities that take place in national cemeteries is limited to those that are consistent with applicable legislation and that are compatible with maintaining the solemn commemorative and historic character of these areas.” This prohibition applies especially to group activities that could be viewed as sporting or recreational in nature. Wedding services as well as bicycling/e-biking and sledding on the slopes within the national cemetery are considered prohibited recreational activities. This does not include individuals walking, hiking, or casually strolling on the walks and roadways of the national cemetery. |
Last updated: January 13, 2026