Superintendent's Compendium

 

 

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

Arkansas Post National Memorial

870-548-2207, phone
870-548-2431, fax

1741 Old Post Road
Gillett, AR 72055

Approved: Ron Fields, Superintendent
Date: June 25, 2024

 

In accordance with applicable law and policy, and pursuant to the delegated authorities provided in Title 36, Code of Federal Regulations, Chapter 1 (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Arkansas Post National Memorial. This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.

The compendium actions in this document apply in addition to all other laws that apply to lands and waters administered by the NPS within the boundaries of Arkansas Post National Memorial. These include:

• Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found at www.ecfr.gov. Click on “Title 36” and then “Chapter 1” to access 36 CFR.

• Statute codified in U.S. Code, in particular provisions in Titles 16 and 54.

This Compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority to take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print.

Please contact the Superintendent of Arkansas Post National Memorial if you have any questions or comments about the Superintendent’s Compendium.

NPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this Compendium, those definitions apply.

36 CFR 1.5 – CLOSURES AND PUBLIC USE LIMITS.

1.5(a)(1) – Visiting hours, public use limits and closures.

Visiting Hours:

• The grounds of Arkansas Post National Memorial is open from 7 am to sunset daily. The Visitor Center is open from 8:30 am to 5:00 pm daily, except for Thanksgiving, Christmas, and New Years Day.

Closing the park in the evening and on federal holidays is necessary because the NPS does not have sufficient staff to manage visitors during those times. In addition, it is more difficult for visitors to stay on designated paths and trails, and outside of closed areas, during the evening. Leaving these areas can cause significant damage to the natural and cultural resources in the park, including plants, wildlife, and archeological sites.

Closures:

• The Osotouy Unit is open to the public however the Menard-Hodges Mounds are closed to public use/access.

This closure is necessary to protect the mounds from erosion as well as for the safety of the park visitor. Due to the slumping of the mounds the trees located atop of the mounds have been experiencing their tree roots being exposed and could topple over. Finally, out of respect for Tribal Nations and their ancestors we have closed public use/access to the mounds.

36 CFR 1.5(a)(2) – Designated areas, conditions or restrictions on a use or activity.

Conditions or Restrictions on a Use or Activity:

• Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the NPS within the boundaries of Arkansas Post National Memoria. Site is prohibited except as approved in writing by the Superintendent.

This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.

36 CFR 1.6 – ACTIVITIES THAT REQUIRE A PERMIT

1.6(f) – Activities that require a permit.

The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.

• Launching or landing uncrewed aircraft. 36 CFR 1.5.
• Specimen collection for research purposes. 36 CFR 2.5
• Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6
• Camping in day use areas. 36 CFR 2.6
• Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12.
• Operating a public address system 36 CFR 2.12.
• Delivery or retrieval of a person or object by parachute, helicopter or other airborne means. 36 CFR 2.17.
• Soliciting or demanding gifts, money, goods or services. 36 CFR 2.37.
• Using, possessing, storing, or transporting explosives; using or possessing fireworks or firecrackers. 36 CFR 2.38
• Conducting a special event. 36 CFR 2.50.
• Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51.
• Selling or distributing printed matter and other message-bearing items by groups of more than 25 people. 36 CFR 2.52.
• Running-at-large, herding, driving across, allowing on, pasturing, or grazing of livestock or using the park for agriculture. 36 CFR 2.60.
• Residing on federal lands. 36 CFR 2.61.
• The scattering of human ashes or installation of memorial. 36 CFR 2.62
• Towing a person using a parasail, hang-glider, or other airborne device 36 CFR 3.12.
• Operating a submersible. 36 CFR 5.3
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1.
• Engaging in or soliciting any business. 36 CFR 5.5.
• Some audio recording (if conditions are met). 36 CFR 5.5.
• Using commercial vehicles on NPS-administered roads. 36 CFR 5.6.
• Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7
• Rights-of-way. 36 CFR part 14.
• Examining ruins, excavating archeological sites, and gathering of objects of antiquity. 43 CFR part 3.
• Commercial filming. 43 CFR 5.2.
• Some still photography (if conditions are met). 43 CFR 5.2.
• Excavating or removing archeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.

36 CFR 2.1 –PRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES

2.1 (a)(5) –The following conditions are in effect for the walking, climbing, entering, ascending or traversing the listed archeological or cultural resources, monuments, or statues.

• Menard-Hodges Mounds may not be walked, climbed, entered, ascended, or traversed on without prior approval from the superintendent.

This closure is necessary to protect the mounds from erosion as well as for the safety of the park visitor. Due to the slumping of the mounds the trees located atop of the mounds have been experiencing their tree roots being exposed and could topple over. Finally, out of respect for Tribal Nations and their ancestors we have closed public use/access to the mounds.

2.1 (c)(l), (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:

• Edible species of fruits, nuts and berries may be gathered by hand for daily personal
  consumption. Collection for commercial purposes is prohibited.
• Quantities: 1 pint per person per day for each type of fruit, each type of nut, and each type of berry.

Determining factors: Quantities are readily abundant; may be gathered for personal use and consumption based on the limit provided and will not have an adverse effect on park resources. as a result, it has been determined (by the Superintendent) that reasonable quantities of fruits. No rare, threatened, or endangered plants are to be included in this listing.

36 CFR 2.2 – WILDLIFE PROTECTION.

2.2(a)(1) – Hunting of wildlife within park boundaries is prohibited.

2.2(b)(3) – Trapping of wildlife within park boundaries is prohibited.

36 CFR 2.3 – FISHING

2.3(a) Fishing is allowed in accordance with State laws and regulations.

36 CFR 2.4– WEAPONS, TRAPS, AND NETS

2.4(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations.

• Weapons may be possessed in accordance with Arkansas state law.
• Weapons are prohibited in all Federal facilities to include Visitor Centers/Contact Stations, Headquarters and Maintenance Facilities.

36 CFR 2.10 – CAMPING AND FOOD STORAGE.

2.10(a) - Camping

• Camping is prohibited except by permit by the Superintendent for living history demonstrations.

Arkansas Post NM does not have the facilities, grounds, or oversight for public overnight use.

2.10(d) – Food Storage

• When not being consumed, food must be stored in sealed containers in a vehicle

Leaving food items unattended greatly increases the chance of wildlife entering the picnic area and becoming habituated to an unnatural food source. To protect wildlife and the visitor, food items must be sealed and inaccessible to wildlife when not being consumed.

36 CFR 2.13(a)(1) – FIRES

• Fires are prohibited except for park provided grills located in the designated picnic area.

Proper facilities/receptacles do not exist for the safe use of open fires.

2.13(a)(4) – Leaving a fire unattended is prohibited.

2.13(b) – Fire will be extinguished with water at termination of use.

2.13(c) – During periods of high fire danger the superintendent may close all or a portion of a park area to the lighting or maintaining of a fire. Refer to the park’s website for current conditions.

36 CFR 2.14 – SANITATION AND REFUSE

2.14(a)(1) Disposing of refuse in other than refuse receptacles are prohibited!

36 CFR 2.15 - PETS

2.15(a)(1) – Closures to pets

• Pets are prohibited inside of all park buildings. This restriction does not apply to service animals.

2.15(a)(2) – Pet restraints

• Pets must be restrained on a leash that shall not exceed 6 feet in length.

2.15(a)(3) – Leaving pets unattended.

• Leaving a pet unattended and tied to an object is prohibited.

2.15(a)(5) – Pet excrement disposal

• Failing to properly dispose of pet excrement is prohibited.

For the safety of visitors and park wildlife, pet owners are responsible for restraining their animals and cleaning up and disposing of waste appropriately. Trash receptacles are available in the park and should be utilized to protect the visitor experience and the historic nature of the park.

2.15(e) – Pets may be kept by park residents under the following conditions:

• Pets are not allowed in shared government quarters.

36 CFR 2.21(a) – SMOKING

• Smoking or utilizing Electronic Nicotine Delivery Systems is prohibited inside all park buildings and within 25 feet of a building entrance.

Prohibiting smoking is necessary to protect park resources, reduce the risk of fire, and prevent conflicts among visitor use activities.

36 CFR 2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES.

2.35(a)(3) – Closures to alcohol.

• All park buildings are closed to alcoholic beverages except by conditions of a permit issued by the Superintendent.

To protect the visitor experience, historic nature, and furnishings of park facilities, the Superintendent has determined that the consumption and possession of alcohol shall be prohibited except for specific occasions and under the terms and conditions of a permit.

36 CFR 2.51 – DEMONSTRATIONS AND DESIGNATED AVAILABLE PARK AREAS

2.51(c)(2) – Designated location.

• The locations at the Visitor Center and Entrance Gate Area, as indicated on the map, are designated as available for demonstrations. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures.

 

The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events.

 

Map Alternative Text

Map of Arkansas Post National Memorial. The park lies between two bodies of water on the north end forming a rectangular shape. At the south end, the boundary forms an oblong round shape that juts to the southeast before tapering to a round point. Highway 169 runs east-west through the northern part of the park. Old Post Road is the main access road to the park. The road heads south through the park from an intersection with Highway 169 in the northeast. The visitor center and parking lot are a half mile on Old Post Road from the Highway 169 intersection. Along the road, there is an entrance gate and a spur that goes to a picnic day use area that is located in the western part of the park. The location of the three first amendment areas referenced in Appendix 1 of the superintendent's compendium: 

• Visitor Center First Amendment Activities Areas: The Visitor Center and parking lot is on Old Post Road, approximately half a mile south of its intersection with Highway 169. The road travels by the parking lot before ending at the visitor center. One first amendment area is just west of the north end of the parking lot. The second is northwest of the parking lot by about 260 feet.  

• Picnic Day Use Area First Amendment Activities Areas: The area is located off a spur of Old Post Road in the western part of the park. The spur is located approximately 0.3 miles south of Highway 169 interjection. The spur to the picnic day use area is about 0.4 miles long and ends in a small loop. The pavilion is in the center of the loop. The open area is below the southeast part of the loop.

• Entrance Gate Area First Amendment Activities Area: The entrance gate is on Old Post Road, approximately 0.2 miles south of the intersection with Highway 169. The semi-open area is just west of the road and just inside the gate.  

 

36 CFR 2.52 – SALE OF PRINTED MATTER AND THE DISTRIBUTION OF PRINTED MATTER AND OTHER MESSAGE-BEARING ITEMS.

• The locations at the Visitor Center and Entrance Gate Area, as indicated on the map, are designated as available for the sale or distribution of printed matter, and the free distribution of other message-bearing items. A permit is not required for these activities in the designated location if they involve 25 persons or fewer and do not involve structures.

The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events.

36 CFR 3.0 – BOATING AND WATER USE ACTIVITIES

3.8(a)(2) Launching or recovering a vessel is prohibited.

36 CFR 4 – VEHICLES AND TRAFFIC SAFETY

4.10 – Travel on Park Roads

• Operating a motor vehicle is prohibited except on designated park roads or parking areas.

4.21(b) – Speed Limits

• The following speed limits are established for park roads:
  • 45 MPH on State HWY 169
  • 25 MPH on State HWY 169 near the intersection of Old Post Road
  • 20 MPH on Old Post Road within Arkansas Post National Memorial.
  • 20 MPH on Picnic Area Road within Arkansas Post National Memorial.

4.30(i) – Bicycles

• Class 1 and Class 2 electric bicycles are allowed on park roads and parking areas where traditional bicycles are also allowed.

Allowing electric bicycles on roads and parking areas will not create new, adverse impacts to resources or visitors because those locations are already used by motor vehicles and traditional bicycles. Electric bicycles provide a recreational opportunity for visitors who want to ride a bicycle but might not otherwise because of physical fitness, age, or convenience, especially at high altitudes and on terrain with changing elevations. Class 3 electric bicycles, which allow the motor to assist pedaling up to 28 mph, would create unacceptable risks to visitor safety on roads and parking areas in the park due to potential conflicts with heavier and faster motor vehicles, and with other electric bicycles and traditional bicycles, which travel at slower speeds. Accidents that occur at higher speeds increase the risk of serious injury or death.