Laws & Policies

National Capital Parks - East Laws and Policies

Record of Determination for the Temporary Closure of Public Facilities to Prevent the Spread of COVID-19

Pursuant to 36 CFR § 1.5(a)(I) the National Capital Parks-East is continuing the temporary closure of National Park Service facilities and the limitation of some activities to mitigate the spread of COVID-19. The National Park Service initially enacted these restrictions on March 20, 2020 in response to guidance and advisories from the Centers for Disease Control (CDC). A Record of Determination (ROD) was extended several times through June 22, 2020. The National Capital Parks-East will maintain limited closures as it resumes additional operations.

The facility closures include public access to the Frederick Douglass National Historic Site, the Mary McLeod Bethune Council House National Historic Site, the Carter G. Woodson National Historic Site, Fort DuPont Amphitheater, and all public restroom facilities with the exception of the Anacostia Park restroom at Nicholson Street, SE.

Pursuant to 36 CFR § l .5(a)(1), the National Park Service issued a public use limitation for all permitted events and demonstrations covered by the regulations at 36 CFR 7.96 for the Interior Region 1 - National Capital Area (NCA), which includes National Capital Parks-East. Effective immediately, the National Park Service will resume issuing permits for demonstrations, commercial filming and photography, and special events. Resuming permitted activities marks a preliminary step in the Phase 2 reopening of park operations of sites within the National Capital Parks-East.

Following CDC guidance and best practices from sports governing bodies, the National Park Service will only allow organized athletic activity with a low to medium amount of risk. Acceptable uses include skillbased drills, conditioning and team-based practices. The National Park Service will not issue permits for organized athletic leagues including volleyball, softball, football, rugby and other organized team sports, or allow formal gameplay to occur in the park.

The temporary closures are not of a nature, magnitude or duration that will result in a "significant alteration in the public use pattern." The closures will not adversely affect the park's natural aesthetic or cultural values, nor require significant modification to the resource management objection, nor is it of a highly controversial nature.

Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 CFR § 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. Lexis 15200 (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.

 

Firearms

As of February 22, 2010, a new federal law makes possession of firearms in national parks subject to local and state firearms laws.

It is the responsibility of visitors to understand and comply with all applicable state, local, and federal firearms laws before entering this park. As a starting point, please visit the District of Columbia's website.

District of Columbia Law

See Division I, Title 7, Subtitle J, Chapter 25

See also Division IV, Title 22, Subtitle VI, Chapter 45

District of Columbia Attorney General

Federal law continues to prohibit firearms in federal facilities in this park. Those federal facilities are marked with signs at public entrances.

Enabling Legislation

PUBLIC LAW 108-192-DEC. 19, 2003
117 STAT. 2873

Public Law 108-192
108th Congress

An Act

To establish the Carter G. Woodson Home National Historic Site in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Carter G. Woodson Home National Historic Site Act".

SEC. 2. DEFINITIONS.

As used in this Act:
(1) CARTER G. WOODSON HOME.-The term "Carter G. Woodson Home" means the property located at 1538 Ninth Street, Northwest, in the District of Columbia, as depicted on the map.
(2) HISTORIC SITE.-The term "historic site" means the Carter G. Woodson Home National Historic Site.
(3) MAP.-The term "map" means the map entitled "Carter G. Woodson Home National Historic Site", numbered 876/82338-A and dated July 22, 2003.
(4) SECRETARY.-The term "Secretary" means the Secretary of the Interior.

SEC. 3. CARTER G. WOODSON HOME NATIONAL HISTORIC SITE.

(a) ESTABLISHMENT.-Upon acquisition by the Secretary of the Carter G. Woodson Home, or interests therein, the Secretary shall establish the historic site as a unit of the National Park System by publication of a notice to that effect in the Federal Register.

(b) ADDITIONS TO HISTORIC SITE.-

(1) IN GENERAL.-The Secretary may acquire any of the 3 properties immediately north of the Carter G. Woodson Home located at 1540, 1542, and 1544 Ninth Street, Northwest, described on the map as "Potential Additions to National Historic Site", for addition to the historic site.

(2) BOUNDARY REVISION.-Upon the acquisition of any of the properties described in paragraph (1), the Secretary shall revise the boundaries of the historic site to include the property.

(c) AVAILABILITY OF MAP.-The map shall be available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.

(d) ACQUISITION AUTHORITY.-The Secretary may acquire the Carter G. Woodson Home or any of the properties described in subsection (b)(1), including interests therein, and any improvements to the land by donation, purchase from a willing seller with donated or appropriated funds, or exchange.

(e) ADMINISTRATION.-(1) The Secretary shall administer the historic site in accordance with this Act and with laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(2) GENERAL MANAGEMENT PLAN.-The Secretary shall prepare a general management plan for the historic site not later than three years after the date on which funds are made available for that purpose.

SEC. 4. COOPERATIVE AGREEMENTS.

(a) IN GENERAL.-The Secretary may enter into cooperative agreements with public or private entities to provide public interpretation and education of African-American heritage in the Shaw area of the District of Columbia.
(b) REHABILITATION.-In order to achieve cost efficiencies in the restoration of properties within the historic site, the Secretary may enter into an agreement with public or private entities to restore and rehabilitate the Carter G. Woodson Home and other properties within the boundary of the historic site, subject to such terms and conditions as the Secretary deems necessary.
(c) AGREEMENT WITH THE ASSOCIATION FOR THE STUDY OF AFRICAN-AMERICAN LIFE AND HISTORY.-In order to reestablish the historical connection between the Carter G. Woodson Home and the association Dr. Woodson founded, and to facilitate interpretation of Dr. Woodson's achievements, the Secretary may enter into an agreement with The Association for the Study of African-American Life and History that allows the association to use a portion of the historic site for its own administrative purposes. Such agreement shall ensure that the association's use of a portion of the historic site is consistent with the administration of the historic site, including appropriate public access and rent, and such other terms and conditions as the Secretary deems necessary.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.

Approved December 19, 2003.

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LEGISLATIVE HISTORY-H.R. 1012:
SENATE REPORTS: No. 108-138 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 149 (2003):
May 14, considered and passed House.
Nov. 24, considered and passed Senate, amended.
Dec. 8, House concurred in Senate amendment.

 

National Park Service Green Parks Plan