Temporary Access Restriction Determination

May 11, 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 and Use Limitations On May 15, 2020 a temporary closure is established at Buffalo National River. Recreational use and access are limited to day-use-only throughout the park. No camping is allowed. The Tyler Bend Campground, Buffalo Point Campground loops C-D-E and walk-in sites, Lost Valley Trail and Trail Head Parking Area are closed. Designated campgrounds will be open to day-use-only between the hours of 6 AM to 8 PM.

This closure and these use limitations were approved, in advance, by the Regional Director of the Department of the Interior Regions 3, 4, and 5, on May 4, 2020.

Determination
The National Park Service (NPS) at Buffalo National River is implementing this closure of Tyler Bend Campground, Buffalo Point Campground loops C-D-E and walk-in sites, the Lost Valley Trail and Lost Valley Trail Head Parking Area, as well as the immediate public use limitation for all camping covered by the regulations at 36 CFR 2.10. This closure and these use limitations are 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