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: May 23, 2023
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.
2. Laws and Policies Allowing the Superintendent to Develop This Compendium
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.”
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.”
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.
3. Consistency of This Compendium with Applicable Federal Law and Requirements
The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.
The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.
4. Development of the Requirements of the Superintendent's Compendium
As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
Is there use or activity consistent with the NPS Organic Act and NPS policy?
Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
Will the use or activity conflict with or be incompatible with traditional park uses and activities?
Will the use or activity compromise employee or public safety?
5. Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
7. Penalties for Not Adhering to the Compendium Requirements
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
8. Comments on the Compendium
The Compendium is reviewed annually and revised as necessary. The Park welcomes comments about its program and activities at any time.Written comments on the Compendium may be submitted to:
Superintendent
Arkansas Post National Memorial
1741 Old Post Rd. Gillett, AR 72055
9. Effective Date of the Superintendent Compendium
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year.
10. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
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 Hot Springs National Park. 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 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:
The Park is open from 7:00 a.m. until Sunset daily
The Visitor Center is open daily from 8:30 a.m. until 5:00 p.m. except when it is closed for the following holidays:
Thanksgiving,
Christmas, and
New Year’s Day.
Public Use Limits:
The Park is closed to vehicular traffic from Sunset to 7:00 a.m.
Removal of objects (artifacts, fossils, geological specimens, plants, and animals) except for fishing is prohibited unless a scientific or ethnographic collector’s permit is obtained from the park’s superintendent.
Determining factors: Prohibiting the “taking” or removal of park objects (artifacts, fossils, geological specimens, plants, and animals) ensures that these park resources will continue to be present and exist into the park’s future. Prohibiting these activities is in the best interest of the park, it resources, and contributes to the public’s experience.
All-Terrain 3 and 4-Wheel Cycles
All roads, lands and waters within Arkansas Post National Memorial are closed to the operation of all-terrain 3 and 4-wheel cycles, off road vehicles and similar vehicles intended only for off-road use.
Determining factors: All-terrain type vehicles pose a safety hazard to the visiting public. There is no state training or license requirement and, as such, no assurance of operator standards on public roads. No routes within Arkansas Post National Memorial are designated for off-road motor vehicle use. Past activities of ATV users within the park have damaged resources and established entrance into designated wilderness areas. Only administrative use is allowed in accordance with the park ATV Plan.
Camping
Camping by the general public is prohibited.
Special group camping will be permitted in areas specified by the Superintendent under the conditions of a Special Park Use permit. Those groups will consist of Youth Groups, Scouting Groups, Living History demonstrations, researchers, and volunteers. Such groups will only be permitted to camp for up to 5 consecutive days.
Determining factors: To limit impacts to the park’s resources, no campground facilities have been established. Additionally, nearby camping facilities exist in proximity but outside of the park on Army Corps of Engineers lands.
Campfires
Given the Park has no campground facilities campfire limitations have been imposed.
Fires in the picnic area will be restricted to the existing grills or portable family style grills. Trailer grills may be permitted if restricted to a single designated parking area.
Only wood or charcoal may be burned within the grills. The burning of "trash" is prohibited.
Determining factors: To limit impacts to air quality, the burning of wood and charcoal is permitted; however, the burning of trash has the potential to release toxins into the atmosphere and therefore is not permitted.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Fishing
Waters within Arkansas Post National Memorial are open to FISHING as mandated by Federal Statutory Law and in accordance with Arkansas Fish and Game Commission regulations.
Determining factors: The Park will incorporate Arkansas Game and Fish Commission restrictions concerning fishing regulations.
Boating
Occupants of a vessel who are twelve (12) years of age or younger must wear personal flotation devices, of the types described below in brackets, securely fastened to their persons at all times while aboard any vessel. [One (1) Type I, II, III, or V, if used according to its approved conditions, personal flotation device (PFD) which is U.S. Coast Guard approved, in good and serviceable condition, and of proper size for each person on board].
Determining factors: For the safety of our park visitors boating within the waters of Arkansas Post National Memorial are required to wear personal floatation devices that are U.S. Coast Guard approved and in concurrence with Arkansas Game and Fish Regulations.
Water Skiing
Prohibited.
Determining factors: Water Skiing is not a traditional park use and due to the size of the bayous and lakes, would potentially create hazardous conditions.
Other Power-Driven Mobility Device (OPDMD):
OPDMD is a mobility device powered by electricity or batteries, whether or not designed to be used primarily by individuals with mobility disabilities.
Credible assurance of an individual’s disability may be required for OPDMD use in the from of a State issued disability parking placard/card or State or Federally issued proof of disability. Individuals may also issue a verbal statement that he/she is disabled and that the OPDMD is being utilized because of the disability.
Using an OPDMD by persons without mobility impairments is prohibited.
Use OPDMDs, as outlined herein, is permitted under the following conditions:
No person under 16 years of age may operate OPDMD without adult supervision.
Maximum speed cannot exceed 5 mph.
The device utilized must not create emissions (Zero emission vehicles).
The device must be smaller than 36 inches in width at its widest point.
Group size is limited to no more than four OPDMDs at a time.
OPDMD use is prohibited in undeveloped areas.
Every OPDMD, shall be equipped with the following safety mechanisms:
Front, rear, and side reflectors.
A system that enables the operator to bring the device to a controlled stop.
If the OPDMD is operated between one-half hour after sunset and one-half hour before sunrise, a lamp emitting a white light that, while the OPDMD is in motion, illuminates the area in front of the operator and is visible from a distance of 300 feet in front of the OPDMD.
A sound emitting device that can be activated from time to time by the operator, as appropriate, to alert nearby persons.
A person riding any mobility assisted device upon and along a sidewalk, while crossing a roadway in a crosswalk or on any other surface shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians.
Determining Factors: OPDMDs provide a reasonable alternative to people who would otherwise be unable to visit the park or find it difficult to visit due to their mobility limitations. The use of OPDMDs by able bodied persons is prohibited because these devices are motor vehicles and additional use, combined with the large volume of pedestrian and vehicle traffic would create a unacceptable safety hazard to visitors OPDMDs are not permitted to be operated on park roadways due to lack of a paved shoulders, bicycle lanes or the presence of fog lines.
Face Mask Requirement/Use:
When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.
When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.
Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.
Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.
Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.
Determining Factors: This public use restriction is necessary to maintain public health and safety. As stated in E.O. 13991, it is the policy of the Administration to halt the spread of coronavirus disease 2019 (COVID–19) by relying on the best available data and science-based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC). The CDC has conveyed that in addition to physical distancing and hand washing, masks are a critical step to help Page 11 of 23 MWR Compendium Template, 2017 prevent people from getting and spreading COVID-19. When you wear a mask, you protect others as well as yourself.
COVID-19 spreads mainly from person to person through respiratory droplets. Masks are a simple barrier to help prevent respiratory droplets from reaching others. Masks can prevent the spread of the disease even when the wearer is not sick. This is because several studies have found that people with COVID-19 who never develop symptoms (asymptomatic) and those who are not yet showing symptoms (pre-symptomatic) can still spread the virus to other people. Masks may not be necessary when you are outside by yourself away from others, or with other people who live in your household. It is especially important to wear a mask indoors with people you do not live with and when you are unable to stay at least 6 feet apart because COVID-19 spreads mainly among people who are in close contact with one another. Recommended masks include non-medical disposable masks, masks that fit properly (cover nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face), masks made with breathable fabric (such as cotton), masks made with tightly woven fabric (i.e., fabrics that do not let light pass through when held up to a light source), masks with two or three layers, and masks with inner filter pockets. Novelty/non-protective masks, masks with ventilation valves, or face shields are not a substitute for the recommended mask.
Closures
Drones/Unmanned Aircraft
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Arkansas Post National Monument is prohibited except as approved in writing by the Superintendent.
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, and drones) that are used for any purpose, including recreation or commerce.
Determining factors: Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values Arkansas Post National Memorial is closed to the use of these devices. The use of unmanned aircraft within the boundaries of the park has the potential to harm visitors, disturb wildlife, impact viewsheds, and cause 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.
Coasting/Drifting/Spinning Trikes
The use of coasting, drifting, or spinning style trikes or similar devices is prohibited.
Definition: The terms “coasting, drifting or spinning” refers to devices that are designed to slide on, spin on or break free of the roadway surface in a semi uncontrolled manner.
Determining factors: The use of Coaster/Drifting style trikes or similar devices on park roadways pose a significant danger to pedestrians and motorists as well as trike operators. These devices are constructed in such a fashion as to allow the operator to "drift" or slide sideways while coasting downhill. Operators have limited control during these maneuvers and could cause significant injury to pedestrians walking along park roadways. These trikes are also constructed with a very low profile, making it difficult for motorist to see them and lack sufficient braking systems making it difficult for operators to stop.
All-Terrain 3 and 4-Wheel Cycles, Off Road Vehicles, and Similar Vehicles
All roads, lands and waters within Arkansas Post National Memorial are closed to the operation of all-terrain 3 and 4-wheel cycles, off road vehicles and similar vehicles intended only for off-road use.
Determining factors: The use of all-terrain type vehicles pose a safety hazard to the visiting public. There is no state training or license requirement and, as such, no assurance of operator standards on public roads. No routes within Arkansas Post National Memorial are designated for off-road motor vehicle use. Past activities of ATV users within the park have damaged resources and allowed entrance into designated wilderness areas. Administrative use is allowed in accordance with the park ATV Plan.
Polystyrene Coolers (Styrofoam Coolers)
The possession of polystyrene coolers are prohibited while fishing along the bayous and lake within Arkansas Post National Memorial except picnic areas, roads and parking lots. This prohibition includes coolers, ice chests, and containers. High density bait containers used solely for that purpose are allowed.
Determining factors: Discarded polystyrene does not biodegrade for hundreds of years and is resistant to decomposition. Because of this stability, very little of the waste discarded biodegrades. Because degradation of materials creates potentially harmful liquid and gaseous biproducts that could contaminate groundwater and air; the Superintendent has determined these products to be detrimental to the park environment.
Geocaching and Earth-caching
Geocaching is prohibited. Earth-caching is allowed under specific regulations.
Determining factors: Geocaching results in instances of abandoned property and alteration, if not devastation, to cultural and natural resources. Earth Caching will be allowed in Arkansas Post National Memorial. Additionally, the use of metal detectors and hiking off trail are prohibited.
Traversing the Mounds at the Osotouy Unit
Menard-Hodges Mounds may not be walked, climbed, entered, ascended, or traversed on.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
The following is a compilation of those activities for which a permit from the superintendent is required:
§ l .5(d) The following activities related to Public Use Limits:
Special events (36 CFR, Sec 2.50).
Public assemblies or demonstrations, including First Amendment activities, with groups of greater than 25 people or that wish to occur outside of areas specifically designated for public expression of views (36 CFR, Sec 2.51).
Sale or distribution of printed matter with groups of greater than 25 people or that wish to occur outside of areas specifically designated for public expression of views (36 CFR, Sec 2.52).
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Arkansas Post National Memorial is prohibited except as approved in writing by the Superintendent.
§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)
Special events (36 CFR, Sec 2.50).
Carry or posses a weapon, trap, or net.
When needed to support research activities conducted in accordance with 2.5.
For employees, agents or cooperating officials in the performance of official duties.
Not required for firearms and crossbows for individuals in compliance with state law.
§ 2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals) and recording audio.
§2.12 Audio Disturbances:
(a)(2) Operating a chain saw in developed areas
(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
(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 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)
§2.38 Explosives:
(a) Use, possess, store, transport explosives, blasting agents
(b) Use or possess fireworks
§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views for groups over 25 people in size or that wish to occur outside of areas specifically designated for that purpose.
§2.52 Sale or distribution of printed matter by group of over 25 people in size.
§2.60(b) Livestock use
§2.61(a) Residing on federal lands
§2.62 Memorialization:
(a) Erection of monuments (Requires approval from the Regional Director)
(b) Scattering ashes from human cremation
The scattering of human ashes from cremation, without a permit, is allowed under the following terms and conditions:
The remains to be scattered must have been cremated and pulverized.
The scattering of remains by persons on the ground is to be performed at least 100 yards from any trail, road, developed facility, or body of water.
The scattering of remains from the air is to be performed at a minimum altitude of 2000 feet above the ground.
No scattering of remains from the air is to be performed over developed areas, facilities, or bodies of water
§3.3 Use of a vessel
§4.11(a) Exceeding of established vehicle load, weight, and size limits
§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).
§5.5 Commercial filming, still photography, and audio recording
(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All Comemercial filming requires a permit. Still photography does not require a permit unless:
It uses a model, set, or prop
It takes place where members of the public are not allowed
The park would incur cost to provide onsite management to protect resources or minimize visitor use conflicts
(b) Audio recording does not require a permit unless:
It takes place at locations where or when members of the public are generally not allowed
The equipment requires mechanical transport
It requires an external power source
The activity requires monitoring
The activity impacts resources
§5.6(c) Use of commercial vehicles on park area roads (The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)
§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.
§6.9(a) Operation of a solid waste disposal site
III. GENERAL REGULATIONS
36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Dead wood on the ground may be collected for use as fuel for cook fires within the park in the following areas:
In all areas of the park.
(a)(5) The following conditions are in effect for the walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues.
Menard-Hodges Mounds may not be walked, climbed, entered, ascended, or traversed on.
(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document
All established trails. Bushwhacking (shortcutting trails and/or removing vegetation) and/or creation of social trails is prohibited in any area.
Anglers may leave trails to access fishing sites.
(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; as a result, it has been determined (by the Superintendent) that reasonable quantities of fruits, berries, or nuts of all edible species may be gathered for personal use or consumption. Based on professional judgment and available information, it has been determined (by the Superintendent) that gathering the fruits, nuts, or berries of edible plants within Arkansas Post National Memorial boundaries for personal use will not adversely affect park wildlife, the reproductive potential of any of those species, or otherwise adversely affect park resources. It is not expected that large numbers of people will gather edible fruits, nuts, and berries in the park. In addition, there are many open and forested areas adjacent to the park which has better access and, in some cases, more abundant edible plants. No rare, threatened, or endangered plants are included in this listing.
36 CFR §2.2 - WILDLIFE PROTECTION
(a)(l) The following are prohibited:
HUNTING of wildlife.
(b)(2) Hunting is permitted and mandated by Federal statutory law:
Hunting of wildlife within park boundaries is prohibited.
(b)(3) Trapping is permitted if specifically mandated by Federal statutory law.
Trapping of wildlife within park boundaries is prohibited.
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
All areas within the boundary of the park.
36 CFR §2.3 – FISHING
(a) Except in designated areas or as provided in this section fishing shall be in accordance with the laws and regulations of the State within whose exterior boundaries a park area or portion thereof is located. Non-conflicting State laws are adopted as a part of these regulations.
Only fishing by hook and line, with rod or line being closely attended, is allowed throughout Arkansas Post National Memorial. Bowfishing, noodling and hogging are not permitted. Gigging for frogs and Snagging are permitted.
(d)(2) Possession or use of live or dead minnows or other bait fish, amphibian, non-preserved fish eggs or roe is permitted in the following freshwater areas:
Bait purchased from a licensed dealer is permitted.
(d)(4) In accordance with federal statutory law, commercial fishing is authorized in the following areas, under the conditions noted:
All commercial fishing is prohibited within the park boundaries.
(d)(8) Fishing is allowed in or from the following otherwise prohibited areas:
Not Applicable.
Determining factors: Fishing is an appropriate recreational activity within the National Park. This authorization enables the park to manage this recreational use in a safe manner.
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:
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
(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:
Camping is permitted for special events. Camper must apply for a Special Park Use permit.
(b)(3) Camping within 25 feet of a fire hydrant or main road, or within 100 feet of a flowing stream, river or body of water is authorized only in the following areas, under the conditions noted
Prohibited.
(b)(9) Violating conditions which may be established by the Superintendent:
Operating electricity producing generators between the hours of 8:00 p.m. and 8:00 a.m. is prohibited.
(b)(l0) Camping outside of designated sites and areas prohibited
(d) Conditions for the storage of food are in effect, as noted, for the following areas:
Food is to be properly stored where wildlife cannot access the food, food containers, food wrappers or cooking items.
Determining factors: Leaving food items, items used to cook food or store food in the open, greatly increases the chance of wildlife entering visitors camping/picnicking area and habituates the animals to become familiar with people loosing natural tendencies. Leaving these items unattended greatly increases the chance of campsite/picnicking area disturbance where items, especially trash, will be scattered throughout the immediate area possibly posing a threat to the wildlife and/or people.
36 CFR §2.11 - PICNICKING
All containers/rubbish must be packed out by those picnicking.
36 CFR §2.13 - FIRES
(a)(l) 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:
Designated Areas:
Picnic areas in confined grills.
With a Special Use Permit-Camping area designated for specific activity (open fields).
Established Conditions for Fires:
In developed areas fires must be confined to grills and pads.
(a)(2) The following restrictions are in effect for the use of stoves or lanterns:
May not be affixed to trees.
(b)(9) Fires must be extinguished according to the following conditions:
Fires may not be left unattended and must be extinguished upon leaving a campsite or picnic area.
During periods of high fire danger, the Superintendent may close all or a portion of the park area to the lighting and maintaining of a fire.
When the surrounding counties have put a Ban in affect Arkansas Post National Memorial will implement a Fire Restriction which allows fires in fire grates and grills only. If the fire danger becomes extreme there will be a total ban of fires and smoking.
This ban will be put into effect based on the US Forest Service National Fire Danger Rating System and may be implemented even when surrounding areas do not implement Burn Bans.
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 allowed under the following conditions:
Prohibited.
36 CFR §2.15 – PETS
(a)(1) The following structures and/or areas are closed to the possession of pets:
All Park buildings. This restriction does not apply to Service Animals.
(a)(3) Pets may be left unattended and tied to an object in the following areas, under the following conditions noted:
Pets may not be left unattended and tied to an object in any location or under any condition within the boundary of Arkansas Post National Memorial.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
Excrement must be immediately cleaned up.
Excrement is to be disposed in trash receptacles where provided.
Excrement may be removed into the wood line and at least 15 feet from any public use area.
All pet owners must curb their animals. (The use of newspaper, or a plastic bag over your hand as a glove, is recommended to pick up excrement. The excrement and wrappings are to be placed in a sealed plastic bag and dispose of in a trash receptacle.)
Determining factors: It is inappropriate to allow pets in a visitor use facilities or where their presence creates a sanitary problem. This does not apply to service animals.
(b) The use of dogs in support of hunting must be in accordance with Federal and State laws and the following conditions:
Hunting is prohibited within park boundaries therefore the use of dogs for hunting is prohibited.
(e) Pets may be kept by park residents under the following conditions:
Pets must be on a leash
Pets are not allowed in shared government quarters
36 CFR §2.16 – HORSES and PACK ANIMALS
(a) The following animals are designated as pack animals for purposes of transporting equipment:
Horses and mules.
(b) The use of horses or pack animals is allowed on the following trails, routes, or areas:
With Special Park Use Permit, in areas designated for camping during reenactments and in battlefield areas.
(g) Other conditions concerning the use of horses or pack animals:
Off Trail/cross-country travel is prohibited.
Establishing new trails and short cutting trails/switchbacks is prohibited.
When picketed, stock must be tied so they cannot chew on tree bark or eat the leaves of woody vegetation.
Horses or pack animals may not be tethered within 100 feet of a watercourse or within a designated campsite not designed for horses.
Horses or pack animals may not be tethered to signs, buildings, historic structures or live vegetation to include trees.
Manure must be immediately picked up and properly disposed of in a trash receptacle or in wooded area.
Determining factors: To provide for the safety multiple user groups as well as for the protection of resources.
36 CFR §2.17 - AIRCRAFT and AIR DELIVERY
(a)(l) Areas designated for operating or using aircraft are provided for in section 7**.
(a)(2) The operation or use of aircraft under power on water within 500 feet of designated swimming beaches, boat docks, piers, or ramps is permitted in the following areas, under the conditions noted:
Throughout the park during emergency operations.
During training operations with a permit signed by the Superintendent.
During prescribed burn operations with a permit signed by the Superintendent.
(c)(l) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent through written authorization.
The removal of downed aircraft requires written authorization prior to removal on a case-by-case basis.
36 CFR §2.18 – SNOWMOBILES
(c) Snowmobiles may be operated only on routes designated in section 7**
36 CFR §2.19 - WINTER ACTIVITIES
(a) The following park roads and/or parking areas open to motor vehicle traffic may be used for skiing, snowshoeing, ice skating, inner tubing, tobogganing, and similar winter activities under the conditions noted:
None.
(b) The towing of persons on skis, sled or other similar device by motor vehicle or snowmobile is allowed in the following areas and/or routes:
Towing of persons on skis, sled or other similar device by motor vehicle or snowmobile is not permitted within Arkansas Post National Memorial
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:
Only on paved trails.
Determining factors: Allows for the management of public safety, protection of natural resources and avoidance of conflict among visitor activities.
36 CFR §2.21 – SMOKING
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
All public buildings and public areas of concession/leased buildings (including restrooms)
Within 25 feet of any building entrance.
Within 25 feet of any government buildings and fuel (tank) storage areas to include fueling stations.
Inside historic structures.
Inside government buildings.
Inside shared government housing.
Other areas as posted.
Smoking while traveling on trails is prohibited. Persons who wish to smoke must stop and remain in one location until they have extinguished their smoking material.
Determining factors: Smoking is prohibited in the areas listed above to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activates. Smoking within any public building or structure poses a health and fire risk. NPS policy memorandum 15-03 determined that the use of electronic nicotine delivery systems should be treated in the same manner as other forms of smoking.
36 CFR §2.22 – PROPERTY
(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions:
Leaving property unattended for longer than 24 hours is prohibited.
Determining factors: Allows for the park to manage its visitor use areas in a safe manner that will protect property owners.
36 CFR §2.23 – RECREATION FEES
(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:
Entrance Fee Areas: None.
Daily Site Use Fee Areas: Pavilions.
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:
Alcoholic beverages and controlled substances are not permitted within the government buildings located on the premises of Arkansas Post National Memorial.
36 CFR §2.36 – EXPLOSIVES
(b) Fireworks and firecrackers may be possessed and /or used in the following areas, under the conditions noted:
Fireworks, firecrackers, and other types of explosives are not permitted at Arkansas Post National Memorial.
Black powder is permitted provided it is managed under the Black Powder Program that is administered by the National Park Service.
36 CFR §2.62 - MEMORIALIZATION
(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:
A permit is required.
36 CFR §3.3 - VESSEL PERMITS
Permits are required for the use of a vessel in the following areas:
Not Applicable.
36 CFR §3.7 PERSONAL FLOATATION DEVICES
Occupants of a vessel who are twelve (l2) years of age or younger must wear personal flotation devices, of the types described below in brackets, securely fastened to their persons at all times while aboard any vessel. [One (l) Type I, II, III, or V, if used according to its approved conditions, personal flotation device (PFD) which is U.S. Coast Guard approved, in good and serviceable condition, and of proper size for each person on board]
36 CFR §3.8 - BOATING OPERATIONS
(a)(l) The following areas/sites are designated for the launching or recovery of vessels using a trailer:
Prohibited.
(a)(2) The following areas/sites are designated for the launching or recovery of vessels propelled by machinery:
Vessels with motors may not be launched or recovered within the park boundary.
36 CFR §3.12 - WATER SKIING
(a) The towing of persons by vessels is allowed in the following areas under the terms and conditions noted:
Prohibited.
36 CFR §3.16 - SWIMMING AND BATHING
(a)(l) The following areas are closed to swimming and bathing:
The waters within the boundary of Arkansas Post National Memorial.
36 CFR §3.18 - SCUBA AND SNORKELING
(a) SCUBA diving and snorkeling is permitted in the following swimming, docking, and mooring areas under the terms and conditions noted:
Prohibited.
36 CFR §4.10 -TRAVEL ON PARK ROADS AND ROUTES
(a) Park roads open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document (attached hereto):
All roads that are not signed "Closed to Motor Vehicles", " Authorized Vehicles Only" or gated and locked.
(c)(l) 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:
During construction projects.
36 CFR §4.11 - VEHICLE LOAD, WEIGHT, AND SIZE LIMITS
(a) The following load, weight and size limits, which are more restrictive than State law, apply to the roads indicated under the terms and conditions, and/or under permit as noted:
No single vehicle operated on any road within Arkansas Post National Memorial, unladed or with load, shall have an overall length in excess of forty feet (40').
No bus operated on any road within Arkansas Post National Memorial shall have an overall length in excess of forty-five feet (45').
No motor vehicle shall be operated on any road within Arkansas Post National Memorial with more than two (2) trailers or which has an overall length in excess of forty feet (40').
These regulations reflect State regulations.
36 CFR §4.21-SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
45 MPH on State HWY 165
25 MPH on State HWY 165 near the intersection of Old Post Road
20 MPH on Old Post Road and the picnic area road leading to Civil War sites and the picnic area
36 CFR §4.30 - BICYCLES
(a) Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document.
Bicycles and Electric Bicycles are permitted on roads and trails. An electric bicycle also known as an e-bike is a bicycle with an integrated electric motor which can be used for propulsion.
Electric bicycles 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 electric bike without pedaling is prohibited.
A person operating an electric bicycle is subject to the following section 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).
The following additional routes, in developed areas or special use zones, have been designated for bicycle use:
Not Applicable.
(d)(3) Riding a bicycle abreast of another rider is allowed on the following routes:
Prohibited.
36 CFR §4.31- HITCHHIKING
Hitchhiking is permitted in the following areas under the conditions noted:
Prohibited
Appendix 1
36 CFR 2.51—Public Assembly and Meetings (designated Areas)
Visitor Center First Amendment Activities Areas—Two locations just west of and adjacent to the parking lot area (outlined in yellow).
Picnic Day Use Area First Amendment Activities Areas—The pavilion and the open area adjacent to the driving loop (outlined in yellow).
Entrance Gate Area First Amendment Activities Area—A semi-open area just inside of the park entrance gate and wooden fence (outlined in yellow).
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.
