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 United States Code, (“54 USC”) Sections 100751(a), 100752, 100753, and 102101, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Bent's Old Fort 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.
A signed electronic version of this document can be requested via email.
Your comments, questions, and suggestions are welcome.
Approved: /s/ Eric Leonard, Superintendent
26 March 2024
Introduction to the Superintendent's Compendium
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.
The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.
As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.
Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.
A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the National Park System.
A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The CFR is also available on the Internet at: https://gov.ecfr.io
The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) §102701 (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (54 U.S.C. §100101). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (54 U.S.C. §100501).
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 (54 U.S.C. §100101-101301), 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.”
54 U.S.C. §100501 defines the National Park System as”…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, than 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:
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?
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, assimilated state regulations, and this Superintendent’s Compendium.
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
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 1.4 Definitions.
Copies of the Compendium are available for viewing at Bent’s Old Fort National Historic Site, 35110 State Highway 194, La Junta, Colorado. It may also be found online at:
https://www.nps.gov/beol/learn/management/compendium.htm
36 CFR PART 1 – General Provisions
Visiting Hours:
Hours of operation are general closures and do not consider special use permits signed by the superintendent, registered guests, or park-sponsored events.
The park entrance gate and park grounds are open for public access from 7:00 a.m. to 4:00 p.m. daily, except for Birthday of Martin Luther King, Jr, Washington’s Birthday, Thanksgiving Day, Christmas Day, and New Year’s Day.
From the third week in March through the weekend before Christmas, the reconstructed fort is open from 9:00 a.m. to 4:00 p.m. daily.
The park entrance gate, park grounds, and the reconstructed fort areclosed for the observance of the following Federal Holidays: Birthday of Martin Luther King, Jr, Washington’s Birthday, Thanksgiving Day, Christmas Day, and New Year’s Day.
Reduced Winter Operations
From the weekend before Christmas to the third week of March annually, the park and fort will operate on a reduced access schedule. The entire park will be closed on the winter holidays listed above, otherwise operating hours of the park entrance gate and park grounds will be unchanged. During this time the reconstructed fort will be open to the public Friday, Saturday, and Sunday weekly from 9:00 a.m. to 4:00 p.m.
It is necessary to establish this public use limit to protect the natural and cultural resources from damage, theft, vandalism, and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Hours and days of park operation reflect operational capacity and seasonal park visitor use patterns.
Public Use Limits:
Minor Children
Minor children must always be accompanied by a parent or adult guardian at all times within the park.
Motor Vehicle, Bicycle, and e-Bike access
Motor Vehicle, Bicycle, and e-Bike access to Bent’s Old Fort National Historic Site is limited to designated public roadways and parking areas. Bicycles and e-Bikes are permitted on the paved trail to the Fort. All privately owned motorized vehicles, bicycles, and e-bikes are prohibited on non-public service roads and on all unpaved park trails except as authorized during special events.
It is necessary to establish this public use limit to protect the natural and cultural resources from damage, theft, vandalism, and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Restrictions may also help to reduce conflicts and protect the historic scene.
Arkansas River Access
Access to the Arkansas River for the purposes of boating, swimming, or bathing is prohibited at Bent’s Old Fort National Historic Site.
Due to the incongruous nature of these activities to the establishment of the park, they and other similar water-based recreational activities are prohibited. In addition, boat access to the river requires portage of nearly a half mile through the historic landscape, not only making access unrealistic but impactful to the average visitor. Fishing is permitted in accordance with Colorado state law.
Established Maximum Capacities for certain park areas:
The established carrying capacities are based upon fire code, the physical and social capacities of the sites, available parking, minimizing damage to the resources, and to minimizing crowding, displacing, or disturbing of other visitors. Generally, special use permit requests for resource protection zones, or hiking on trails in groups larger than 25 will not be permitted.
Area
Occupancy
Nearby Parking Spaces
Notes
Orientation Plaza
32
53 car spaces, 2 handicapped, 8 oversized, + overflow parking
4 picnic tables 8 people/table
Reconstructed Fort
200
Same as Above
1/4 mile (1,275 feet) walk to and from parking area to fort
Trail System on the North Side of the River
100
Same as Above
Picnicking
Picnicking is permitted everywhere within the park except inside the fort.
Food and drink are prohibited in the fort due to the open nature of the exhibits that are available for the public to touch. In addition, animals inside of the fort can be endangered if fed food made for human consumption.
Public Vehicle Access to the Rear of the Reconstructed Fort is limited to loading and unloading only
The posted service road from the visitor parking to the administrative office building may be used by approved park vendors, contractors, and volunteers. Visitors with legal accessibility needs may drive the service road to the rear of the fort for five-minute loading or unloading only.
This restriction is in place to provide for occasional use to drop off and pick up visitors with mobility needs and to promote the historic atmosphere preserve within the National Historic Landmark anchored by the reconstructed fort. Non-public service roads are used by park employees driving vehicles and equipment between the Fort and the park administrative areas.
Closures: Emergency, Environmental and Administrative Closures
The park may at times need to enact unscheduled closures of the park, or restrict access to areas of the park, for public safety and the protection of park resources. Unscheduled closures which do not appear in the annual Superintendent’s Compendium, are enacted under the authority of the Superintendent or their designee. Public notice of such closures will utilize signage at area access points, press releases and information posted on the park website.
Public Vehicle Access Restricted to the Rear of the Reconstructed Fort
Routine public vehicle access is prohibited on the access road to the fort. Visitors with legal accessibility needs may drive the service road to the rear of the fort for five-minute loading or unloading only.
This restriction is in place to provide for occasional use to drop off and pick up visitors with mobility needs and to promote the historic atmosphere preserve within the National Historic Landmark anchored by the reconstructed fort. Non-public service roads are used by park employees driving vehicles and equipment between the Fort and the park administrative areas.
Segways and other gyroscopically controlled devices and Motorized Scooters are prohibited on trails. This closure applies to modes of transportation with internal combustion engines and to electric vehicles such as Segways® and to hoverboards. Motorized wheelchairs are defined separately and are not considered motor vehicles.
Segways and motorized scooters, as defined under 36 C.F.R. § 1.4, are motor vehicles. Pursuant to 36 C.F.R. § 1.5(a) and 4.10(a) Segways and motorized scooters are prohibited from all trails and sidewalks in the Park.
Mobility Assistance Exception
Any park visitor needing mobility assistance is permitted to use a motorized wheelchair, Segway, or motorized scooter in designated areas throughout the Park, including all structures, facilities, park roads, sidewalks, and other surfaces where the public is allowed access and when such devices are used for the sole purpose of mobility assistance: at Bent’s Old Fort this generally includes the paved trail to the fort and the Arkansas River trail system. The interior of the fort is not suitable for this use. Use of any mobility assistive device, as outlined above, must also adhere to the following:
a) No person under 16 years of age may operate a Segway or motorized scooter without direct adult supervision.
b) A person shall operate any mobility assistive device in a safe and responsible manner so as not to endanger oneself or other Park visitors.
c) A person riding any mobility assistive device 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.
Segways are a two-wheeled, gyroscopically stabilized, battery-powered personal transportation device. While Segways and motorized scooters (or similar devices) are not “designed solely for” mobility-impaired persons and thus do not meet the definition of a motorized wheelchair in 36 CFR Section 1.4, some individuals needing mobility assistance use these devices as their means of personal mobility in lieu of more traditional devices like the wheelchair.
As stated in NPS Management Policies, Section 8.2.4, and described in more detail in Director’s Order 42, the NPS is committed to making all reasonable efforts to make its programs, facilities, and services accessible to people needing mobility assistance. The NPS has set a goal of ensuring that all people, including persons needing mobility assistance, have the highest level of accessibility that is reasonable to our programs, facilities, and services in conformance with applicable regulations and standards.
Allowing the use of motorized wheelchairs, Segways and motorized scooters in the park by people needing mobility assistance is part of this effort. In that light, managers have determined that the use of motorized wheelchairs, Segways, motorized scooters and similar devices by persons needing mobility assistance is safe and appropriate in all paved areas of the park currently open to access by the public.
E-bikes
E-bikes are permitted within the same areas of the Park as traditional bicycles. Where traditional bikes are prohibited, so are e-bikes. Within the park, bicycles and e-bikes are restricted to paved road surfaces, to paved parking lots, and to the pedestrian walkway to the fort.
A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h) (2)-(5).
Except as specified in this Compendium, State law that is adopted and made a part of this document will also govern e-bike use within the Park. Any violation of State law adopted by this paragraph is prohibited.
Definition: The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 horsepower).
Consistent with Policy Memorandum 19-01 reference e-bike use: Bicycle and e-bike use is allowed on the paved road surfaces that are open to vehicles and on the paved pedestrian walkway to the Fort. Bicycles and e-bikes are prohibited on all other trails.
Launching, landing, or operating an unmanned aircraft (drone) from or on lands and waters administered by the National Park Service within the boundaries of Bent’s Old Fort National Historic Site is prohibited except as approved in writing by the superintendent.
Definition: The term “unmanned aircraft” is defined as meaning 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 control or operate 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.
Consistent with 36 CFR 1.5 (a), it is necessary to establish this public closure to protect natural and cultural resources from resource damage and to protect visitors and National Park Service employees. In addition, these types of modern activities in Bent’s Old Fort NHS are considered inappropriate to and inconsistent with the historic, cultural, and natural values protected by the National Park Service and the purposes for which the National Historic Site was intended. This restriction will help to reduce user conflicts, and to maintain an environment safe for wildlife, visitors, and employees.
The closure is a necessary, interim measure until the NPS considers how to address this new use on a long-term basis since use could result in unacceptable impacts to park resources, park values, and visitor safety.
Service Animals
Per Policy Memorandum 18-02, service animals are not subject to the Park’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
Persons with disabilities have the right to train the service animal themselves and are not required to use a professional training program. Service animals-in-training are not considered service animals.
The work or tasks performed by a service animal must be directly related to the individual’s disability. Some of the many examples of work or tasks performed may include:
• assisting individuals who are blind with navigation and other tasks
• alerting individuals who are deaf to the presence of people or sounds
• pulling a wheelchair
• alerting individuals to the presence of allergens or the onset of a seizure
• retrieving items
• providing physical support and assistance to individuals with mobility disabilities
• helping persons manage psychiatric and neurological disabilities
The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Service animals must be allowed wherever visitors are allowed when accompanying an individual with a disability, subject to the requirements for using service animals as stated herein. A service animal must be harnessed, leashed or tethered, unless (1) these devices interfere with the service animal’s work, or (2) the individual’s disability prevents them from using these devices. In those cases, the individual must maintain control of the animal through voice, signal, or other effective means.
NPS staff may require an individual with a disability to remove a service animal from a facility, service, program, or activity if:
the animal is out of control (see 28 CFR 35.136(b)(1) and 28 CFR 36.302(c)(2)(i),
in addition, the animal’s handler does not take effective action to control it,
or the animal is not housebroken
If a service animal is excluded for these reasons, the individual with the disability must have the opportunity to participate in the service, program, or activity without the service animal.
The Park can prohibit service animals from areas in which visitors are allowed if their presence would necessitate a fundamental alteration in the Park’s programs, services or activities.
Policy Memorandum 18-02 as stated above is the most recent guidance on the definition of service animals and the implementation of policies and procedures regarding service animals in NPS areas.
Recreational Activities
The Park is closed to public use activities involving sports or other organized recreational activities not related to the historical themes of the Park unless under a special use permit.
It is necessary to establish this public use limit to protect the natural and cultural resources from resource damage and to maintain public safety. In addition, most recreational activities are considered inappropriate to the historic and cultural nature of the Park and the purposes for which the Park was established.
Second Level stairs, rooms, promenade, and towers
Access to all portions of the second level of the is closed at this time due to safety concerns and structural issues. Restricted access begins at all three stairways (two in the plaza and one in the dining room).
Due to safety issues and structural issues throughout the second level of the structure access to these locations is closed to the public and unauthorized staff at this time.
Picnicking
Picnicking is prohibited throughout the park except at the designated picnic area located at the orientation shelter adjacent the parking area.
Food and drink are prohibited in the fort due to the open nature of the exhibits that are available for the public to touch. In addition, animals inside of the fort can be endangered if fed food made for human consumption.
Camping:
Please refer to §2.10 for detailed camping area designations.
The park does not have facilities which would be required for a regularly used public campground.
Hiking:
Hiking is restricted to maintained trails to the reconstructed fort and along the north side of the Arkansas River.
Group size for hiking should not exceed 25 persons.
Picnicking:
Please refer to §2.11 for detailed picnic area designations.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
Passenger Carrying Busses:
Engines must be shut down when not underway.
The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park.
(f) The following is a compilation of those activities for which a permit from the superintendent is required:
§1.5(d) For any exceptions to Public Use Limits and Closures as stated in this document, apply for a permit through the Superintendent’s office.
§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
Apply for a permit through the National Park Service Research Permit and Reporting System.
Refer to 36 CFR §2.5 RESEARCH SPECIMENS
§2.12 Audio Disturbances:
(a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51
Apply for a permit through the superintendent’s office
Refer to Section III, Regulations § 2.12 AUDIO DISTURBANCES
§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
§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events
Apply for a permit through the Superintendent’s office. A complete application for a Special Use Permit (SUP) or a Commercial Use Authorization (CUA) must be submitted a minimum of 14 calendar days in advance of the proposed activity. Proposed large events or activities that have the potential to adversely affect the human environment, including park operations, will require a longer review period.
Refer to 36 CFR § 2.50(a) SPECIAL EVENTS
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views
Only groups over 25 persons require a permit.
§2.62 Memorialization:
(b) Scattering ashes from human cremation
Refer to Section III, Regulations § 2.62 MEMORIALIZATION
§3.3 Use of a vessel
Permits are required for putting in or taking out a vessel into or from the Arkansas River or the wetlands within Bent’s Old Fort National Historic Site. Exceptions include:
Emergency take-outs on park lands for vessels floating downstream on the Arkansas River launched from outside the park.
Authorized personnel actively engaged in permitted scientific research activities.
§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).
Apply for a permit through the Superintendent’s Office a minimum of 14 in advance.
Refer to 36 CFR § 5.3 BUSINESS OPERATIONS
§5.5 Commercial Photography/Filming:
(a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television
(b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
Apply for a permit a minimum of 14 days in advance of the event.
Refer to 36 CFR § 5.5 COMMERCIAL PHOTOGRAPHY
§5.6(c) Use of commercial vehicles on park area roads.
Apply for a permit through the Superintendent’s office
Refer to 36 CFR § 5.6(c) COMMERCIAL VEHICLES
36 CFR PART 2 – Resource Protection, Public Use and Recreation
(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:
Pedestrian access to cultural resources within Bent’s Old Fort National Historic Site is restricted in areas closed to the public, such as chained or gated entrances to rooms and to administrative areas, such as offices when not accompanied by park staff.
(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document.
(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
Vehicles will use designated service roads within the park to lawfully remove legally taken wildlife under supervision of a park ranger. (NPS personnel will report the removal of legally taken wildlife to Colorado Parks and Wildlife.)
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
Viewing wildlife by artificial light (spotlighting, including redirection of vehicle headlights) is prohibited park-wide.
NOTE: Night vision devices are not artificial lights, however, infrared lighting/beams are.
These regulations help to protect against the unlawful taking of wildlife within the park.
(d)(8) Fishing is allowed in or from the following otherwise prohibited areas:
Fishing is permitted along the Arkansas River in accordance with the provisions of 36 CFR §2.3 and all other provisions of this compendium regarding public access. Colorado State fishing licenses are required.
(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 on all park grounds pursuant to existing State of Colorado laws. Weapons are prohibited within all government buildings including the interior of the walls of the fort.
During park sponsored special, and other events approved by the Superintendent, persons may possess unloaded, historically accurate weapons under the terms of a permit issued by the Superintendent.
Weapons must be unloaded and historically accurate to the period when Bent’s Old Fort was an active trading post. Weapons can be defined as traditional weapons that Native Americans and European settlers may have used i.e. bow and arrows, atlatls, spears, muskets, etc.
All persons in possession of a weapon in the park must also be registered with Bent’s Old Fort National Historic Site as an approved presenter or as a volunteer.
Black powder weapons were routinely carried when the fort was active and allowing living history presenters and volunteers to carry these weapons helps create the historic atmosphere of the period. To provide for public safety, weapons will remain unloaded and only demonstrated under specific guidance as dedicated by the park Superintendent. Weapons that are not historically accurate will be prohibited.
(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:
No public camping facilities exist in the park.
Camping is restricted to administrative use in support of living history programs or preservation work. Living History camp locations are located along the trail system between the reconstructed fort and the Arkansas River.
(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:
Camping is restricted to administrative use in support of living history programs or preservation work. Living History camp locations are located along the trail system between the reconstructed fort and the Arkansas River.
Certain areas have been closed to picnicking and are listed in section 1.5(a)(1) “Closures”.
Conditions for Picnicking:
Picnicking is restricted to the orientation shelter adjacent to the parking lot.
Food and drink are prohibited in the fort due to the open nature of the exhibits that are available for the public to touch. In addition, animals inside of the fort can be endangered if fed food made for human consumption.
(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
Designated Areas:
Fires are permitted in areas designated by the Superintendent during park sponsored special events, and other events approved by the Superintendent.
Receptacles Allowed:
In the interior of the reconstructed fort, fires may be lit in designated fireplaces or maintained fire circles.
The reconstructed fort features 22 fireplaces. The following fireplaces shall not be used:
A/V Room (Room 103)
Cook’s Quarters (Room 111)
Bent’s Quarters & Office (Rooms 115 & 116)
Established Conditions for Fires:
All persons using fires during park sponsored special events must be registered with the park as a volunteer.
Living history camps outside the reconstructed fort must utilize fire pans
Fires are prohibited during very high fire danger and/or as posted.
(b) Fires must be extinguished according to the following conditions:
At the end of normal operations or at the end of special events, fires in exterior fire rings must be extinguished using water to ensure that no ash or embers remain burning.
(a)(1) The following structures and/or areas are closed to the possession of pets:
All buildings in the maintenance and administrative area
All interior ground level rooms of the reconstructed fort to include furnished historic interiors and the park store
The second level and all associated interior spaces of the reconstructed fort
Corral areas
NOTE: “Pet” means dogs, cats, or any animal that has been domesticated. [36 CFR §1.4]
(a)(2) Failing to restrain on a leash, which shall not exceed six feet in length, or otherwise physically confine a pet while in all areas of the Park is prohibited.
"Electronic or "shock" collars do not meet the requirements for physical restraint of a pet as required by 36 CFR §2.15(a)(2).
Making unreasonable noise – considering location, time of day or night, or impact on park users – or frightening or threatening wildlife, park animals, or park visitors.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
Pet excrement must be immediately collected and removed from the park by the pet owner or responsible person.
All animal waste must be removed no matter the location. Visitors bringing pets to the park must carry on their person a bag or other device for the containerization and removal of excrement. Visitors shall immediately containerize and remove pet excrement by depositing it in a trash receptacle or by otherwise taking the excrement from the park.
These restrictions are necessary to provide for the protection of park resources, wildlife, and public enjoyment and safety. While visiting the park with pets can be a positive pet owner experience, pets have been shown to have negative impacts on park resources, wildlife, and visitors. These impacts include noise, pursuit and harassment of wildlife, defecation, scent marking of wildlife habitat and aggressive, violent behavior. These restrictions are also necessary to keep pets safe from park livestock (poultry, oxen, horses, and mules) as well as wildlife, such as cactus, rattlesnakes, porcupines, and coyotes. Managing pet excrement is necessary for human enjoyment and pet health and safety. The only effective way to keep pets from the rooms within the fort is to keep them outside the reconstruction.
(a) The following animals are designated as pack animals for purposes of transporting equipment:
Horses
Mules
Burros
Oxen
(b) The use of horses or pack animals is allowed on the following trails, routes or areas:
Public horse or pack animal use is prohibited park wide.
(g) Other conditions concerning the use of horses or pack animals:
Horses and other designated pack animals listed are generally prohibited in the park, but may be used in the following manner:
Horses and other pack animals are authorized when used in park-sponsored interpretive demonstrations or for park operations by park staff and authorized park volunteers.
The trails at Bent’s Old Fort trails are primarily maintained for pedestrian use and provide for ADA accessibility. Horse and pack animal use would damage trail surfaces, and there are ample opportunities outside of the park for horse use.
(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:
Snowshoeing and cross-country skiing are allowed on public trails and the visitor parking area when weather conditions allow. Trails will not be groomed for winter skiing and/or snowshoeing.
No areas of the park are open to ice skating, inner tubing, tobogganing, or similar winter activities not listed above.
The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are prohibited park wide.
Given the limited nature of roads and trails within the park, there are no places where these activities can be permitted safely.
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
All government-owned buildings
Within 25 feet of any government-owned structure.
In or within 25 feet of any government-owned vehicle.
All public park areas except for the designated picnic area and paved parking areas.
During periods of high fire danger, smoking is prohibited on all lands within Bent’s Old Fort National Historic Site, except within an enclosed vehicle.
All smoking materials must be fully extinguished and disposed of in approved trash receptacles.
During park living history events, park volunteers may be authorized to smoke period appropriate tobacco products in outdoor areas.
Definition: Smoking materials include cigarettes, pipes, cigars, vaping devices, and e-cigarettes.
These restrictions are intended to protect park resources, reduce the risk of fire, and prevent conflicts among visitor use activities. [§2.21(a)]
The use of e-cigarettes and other Electronic Nicotine Delivery Systems (ENDS) is subject to the same restrictions as tobacco smoking.
This policy applies to both indoor and outdoor areas. Research indicates that vaping aerosols have at least some level of risk for nearby people in areas with limited ventilation and people with compromised health conditions. Available published studies evaluating the potential hazardous effects of the natural and/or synthetic chemicals used in ENDS indicate that potential health effects exist for users and those exposed secondhand.
(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:
Absent a Federal Recreation Passport/Pass, fee waiver, or fee exemption, payment of the following entrance fee is required within Bent’s Old Fort National Historic Site:
Rate
Type of Pass
Applies to
$10
7-day permit per person
Visitors 16 years old and older
$35
Bent’s Old Fort NHS Annual Park Pass
Good for one year from month of purchase for passholder plus three adults
Park fee collection is cashless sales only. Cash sales, however, may occur through the park’s gift shop.
Entrance fees are charged according to criteria set forth in 36 CFR Part 71.
(c) The collection of entrance fees may be suspended on dates designated by the Superintendent, the National Park Service Director, or the Secretary of the Interior.
(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:
The orientation Shelter by the parking lot
The parking lot
The fort, unless during permitted special events and under such conditions as may be specified in a permit signed by the Superintendent.
The consumption of alcoholic beverages within areas other than those designated above would be inappropriate considering the purpose for the creation of the Park. The use and consumption of alcoholic beverages in the other areas of the Park would be a public safety and resource concern.
(c)(2) The following areas have been established for small First Amendment activities that do not require a Special Use Permit. They are available on a first come, first served basis. The established locations are (see maps of showing these locations in Appendix B):
A 8’ x 20’ area along the trail junction just to the east of the picnic and orientation shelter.
A 30’ x 30’ area to the west of the paved trail in between the cemetery and the fort, no closer than 50’ to the cemetery wall.
These sites were selected by the park for their high visibility and access to the public and for the physical nature of this site to provide ample room for freedom of speech activities. Activities shall not cause injury or damage to park resources, unreasonably interfere with tranquility or interpretive activities, or create a clear or present danger to park visitors.
(b) The sale or distribution of printed matter for the purposes of expressing First Amendment views is allowed within park areas designated as available under §2.51(c)(2) (above).
36 CFR PART 3 – WATER USE ACTIVITIES
Permits are required for the use of a vessel in the following areas:
Permits are required for putting in or taking out a boat or raft into or from the Arkansas River or on the wetlands within Bent’s Old Fort National Historic Site. Exceptions include:
Emergency take-outs on park lands for vessels floating downstream on the Arkansas River launched from outside the park.
Authorized personnel actively engaged in permitted activities.
(a)(1) The following areas are closed to swimming and bathing:
• Bent’s Old Fort National Historic Site is closed to all swimming and bathing activities.
There is no safe or maintained location for these activities within the park.
36 CFR PART 4 – VEHICLES AND TRAFFIC SAFETY
(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):
The unpaved service road providing access to the maintenance and administrative area and to the fort are primarily accessible only by park employees, with the following exceptions:
Vendors, contractors, authorized volunteers, or visitors that are entering the park’s administrative building or maintenance yard.
Vendors, contractors, authorized volunteers accessing the Fort for business purposes or for special events.
Any road, parking area, trail, facility, or portion of a facility which is posted or closed by barricades, closed gates or signs is closed to public access.
It is necessary to occasionally close normal public use areas to protect the natural and cultural resources from damage, theft, vandalism, and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous.
(b) The following speed limits are established for the routes/roads indicated:
The speed limit on the park roads and visitor parking lot is 15 mph.
36 CFR PART 5 – COMMERCIAL AND PRIVATE OPERATIONS
Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.
(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is prohibited and requires permission or a permit from the Superintendent.
NOTE: See conditions for granting permission or issuing a permit in §5.6.
(a) Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document.
Bicycles and e-bikes are prohibited on non-public service roads except to access the Administration buildings.
Bicycles and e-bikes are prohibited on all unpaved park trails.
The unimproved nature of park service roads and unpaved trails is inconsistent with the safe operation of bicycles. Bicycles are allowed on the paved trail between the visitor parking lot and the reconstructed fort because they are compatible with the use of motorized UTVs by park staff to transport visitors on the paved trail.
(See e-bike notes under section 1.5 Closures for more information specific to e-bikes.)
Hitchhiking is permitted in the following areas under the conditions noted:
Hitchhiking on the traveled portion of a public way or otherwise interfering with the flow of traffic
