Determination of Temporary Closure

April 2, 2020
Temporary Closure and Restriction Imposed
Under the Discretionary Authority of the Superintendent
Temporary Closure of Buffalo National River

Authority

The National Park Service ("NPS") is granted broad statutory authority under Title 54 United States Code ("USC") § 10010 I et seq. "The Secretary, acting through the Director of the National Park Service (NPS), shall promote and 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 wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wildlife in such manner and by such means as will leave them unimpaired for the enjoyment of future generations." (54 U.S.C. § 100101). In addition, Title 54 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." (54 U.S.C. § 100751).

In accordance with regulations and the delegated authority provided in 36 CFR, Chapter 1, Parts 1-7, authorized by Title 54 United States Code, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Buffalo National River Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Part 1 - General Provisions
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:

Temporary Closure

On April 2, 2020 a temporary closure is established at Buffalo National River. Recreational use and access are prohibited. This closure was verbally approved by the Secretary of the Department of the Interior, David Bernhardt, on April 1, 2020 and supported by the Governor of Arkansas.

Determination

The National Park Service (NPS) at Buffalo National River is implementing an immediate public use limitation for all recreational use and access. This closure is implemented under section 36 CFR 1.5 (a),and based upon a determination that such action is necessary for the maintenance of public health and safety.
The health and safety of our visitors, employees, volunteers, communities, and partners at Buffalo National River is our number one priority. The National Park Service (NPS) is working service-wide with federal, state, and local authorities to closely monitor the COVID-19 pandemic. We will notify the public when we resume full operations and provide updates on our website www.nps.gov/buff/planyourvisit/conditions and social media channels.
This is an unprecedented public health emergency. The NPS will continue to coordinate and consult with Federal and local public health agencies, and will revisit this decision, as soon as circumstances change.

The use limitation will not adversely affect the park’s natural, aesthetic or cultural values; nor require significant modification to the resource management objections; nor, given the circumstances should it be of a highly controversial nature. Accordingly, the NPS determines publication as rulemaking in the Federal Register is unwarranted under 36 C.F.R. § 1.5(c). This is consistent with hundreds of earlier partial and temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiff’s emergency motion for injunction pending appeal denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curiam); Picciotto v.United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. United States, No. 94-1935 (D.D.C. September 9, 1994); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. January 26, 1988); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C.1994), aff'd in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis15200 (D.C. Cir. May 31, 1995). Pursuant to 36 C.F.R. § 1.7, notice of this public use limitation will be made through media advisories, maps, and by posting at conspicuous locations in the affected park areas. Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request.

Mark A. Foust
Superintendent