The purpose of this compendium is to produce a concise written document which provides all of the special designations, closures, public use limits, permit requirements imposed under the discretionary authority of the Superintendent. The preparation of the compendium is required under Section § 1.7, under Title 36, Code of Federal Regulations (CFR) and shall be made available to the public upon request. The compendium will be reviewed and updated annually to ensure adequate protection of the parks resources, provide for public safety and enjoyment, and to meet changes in recreational use patterns.
It is important to utilize this document in conjunction with Title 36, CFR since the compendium only addresses restrictions imposed under the discretionary authority of the Superintendent, or regulations which authorize special designations, closures, or other use limits. The use of this compendium, in conjunction with the Memorial brochure, maps, sings and other media will provide a clear understanding of Memorial rules and regulations for both the National Park Service employees and park visitors. Your comments and suggestions are welcome.
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 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Chamizal National Memorial. 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 throughout this document.
36 CFR, 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 Memorial, and the following closures are established for all or portions of the Memorial to all public use or to a certain use of activity:
Note: Other areas, such as all or portions of the grounds, comfort stations, selected portions of roadways, parking lots or access gates, may be closed temporarily or intermittently to vehicle traffic, or other uses, during emergencies, periods of unusual visitor use, special events, or for other administratively determined purposes.
Public Use Limits
The number of persons; number and type of animals; amount, size, and type of equipment, vessels, mechanical modes of conveyance, or food/beverage containers allowed to enter, be brought into, remain in, or be used within a designated geographic area or facility; or the length of time a designated geographic area or facility may be occupied.
Closure and Public Use Limits
(a)(2) Designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity.
Packages, coolers, and other containers are subject to inspection for contraband by law enforcement staff.
The “Amphitheater” also designated as the “bowl” includes all the grounds, turf, and facilities within the curb-line of the inner circle of the main access roadway forming a circular area including the entire outdoor stage on the southern end.
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 for recreation or commerce.
Audio and Video Cameras
The use of recording equipment and cameras (with or without flash) during performances in the Memorial Theater is prohibited except by authorized press and personnel or by permit
Balloons and Water Guns
Possession and use of balloons on Memorial grounds is prohibited without a permit. Popped balloons leave too much litter. Helium balloons are prohibited because of the high risk of or upon release pollutes environment.
Possessing, using, and filling balloons, water guns, or soaking sponges with water acquired from Memorial faucets, sprinklers, water fountains, or other similar government provided facilities to engage in water fights is prohibited.
Possession or use of “confetti eggs or “cascarones” or engaging in other litter producing activities like spraying “silly string” or throwing water balloons is prohibited.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Chamizal National Memorial is prohibited except as approved in writing by the superintendent. (Determination: This regulation is necessary to maintain public health and safety and avoid conflict among visitor use activities and no less restrictive measures will suffice due to the relative small size of the Memorial and its immediate proximity to the international border crossing and boundary with Mexico.)
It is prohibited to remove materials already deposited in government refuse receptacles. Climbing onto or into refuse receptacles is also strictly prohibited.
No person shall use or possess any glass beverage bottle or other glass beverage container on Memorial grounds. Broken glass can be a potential hazard to the public.
It is prohibited for any person to launch or fly model rockets powered by ignitable fuels or to propel objects such as arrows, javelins, golf balls, stones, hard balls, missiles, or using other instrument(s) capable of throwing a projectile on Memorial grounds.
Overnight or afterhours parking is prohibited at Chamizal National Memorial. Exceptions to this regulation are only authorized by written permit issued in advance by the Superintendent or a designated representative of National Park Service.
Parking is permitted only in designated areas, during posted visiting hours.
Parking is authorized in front of the Delta Street entrance comfort station only for the specific time limit posted.
On Memorial grounds, no person shall bring in, set-up, use, or allow others to use, amusement park style equipment or structures such as: jumping balloons, trampolines, climbing walls, dunk-tanks, swing-sets, or other similar playground equipment.
It is prohibited for any person to climb into trees or to attach any rope, wire, or other contrivances to any tree or plant on Memorial grounds. This includes use of piñatas or any other activities which may damage tree branches or bark.
Games or other activities which damage turf or other vegetation are prohibited. For example, horse shoes or “wachas” may not be played on turf areas but are authorized in the non-turfed, dirt areas of the southwest corner of the grounds.
During set-up for, during a scheduled authorized special event, and during the subsequent strike, the following applies in the “amphitheater / bowl”, audience viewing areas adjacent to the bowl and on the grounds where applicable:
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:
All recreation, photo or business permits are coordinated out of the Administrative Assistant’s office.
36 CFR, PART 2 - RESOURCE PROTECTION, PUBLIC USE AND RECREATION
36 CFR §2.1 Preservation of natural, cultural and archeological resources
(a)(4) No dead wood on the ground may be collected for use. Also reference section 2.13 “Fires” below.
(c)(1), (c)(2) The following fruits, nuts, or berries may be gathered by hand for personal use or consumption, in reasonable quantities. These natural products may be collected without negatively impacting the growth and replenishment of the producing plant:
36 CFR §2.2 Wildlife protection
(b)(4)(d) Transporting lawfully taken wildlife through the park is prohibited.
(b)(4)(e) All areas are closed to the viewing of wildlife with the use of an artificial light, except as required by official Government business or specifically permitted scientific studies.
36 CFR §2.10 Camping and food storage
(a) Camping is not permitted.
36 CFR §2.11 Picnicking
Picnicking is allowed on Memorial grounds and in designated picnic areas except in areas closed by the superintendent by §1.5.
The following designated areas are closed to picnicking:
36 CFR § 2.12 Audio disturbances
(a)The following are prohibited:
(1) Operating motorized equipment or machinery such as an electric generating plant (generator), motor vehicle, motorized toy, or an audio device such as a radio, television set, tape deck or musical instrument, in a manner (i) That exceeds a noise level of 60 decibels measured on the A-weighted scale at 50 feet; or, if below that level, nevertheless; (ii) makes noise which is unreasonable, considering the nature and purpose of the actors conduct, location, time of day or night, purpose for which the area was established, impact on park users, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.
36 CFR §2.13 Fires
(a)(1) The lighting or maintaining of fires is prohibited; except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
36 CFR §2.15 Pets
(a)(1) The following structures and/or areas are closed to the possession of pets:
Possession of pets, except for service animals, is prohibited in the “amphitheater bowl” during authorized special events.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
36 CFR §2.16 Horses and pack animals
In order to protect public health and safety, horses and pack animals are prohibited on all Memorial grounds, unless otherwise permitted by the Superintendent.
Note: These conditions do not apply to the use of horses by authorized government officials and public safety-related operations such as crowd control.
36 CFR §2.18 Snowmobiles
The use of snowmobiles is prohibited.
36 CFR §2.20 Skating, skateboards and similar devices
Using roller skates, skateboards, hoverboards, roller skis, scooters, coasting vehicles, or similar devices is prohibited throughout the Memorial.
36 CFR §2.21 Smoking
The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking:
These restrictions are intended to reduce any possible conflict between users and harmful effects of second-hand smoke and protect park structures from fire danger or smoke. This prohibition is consistent with federal law.
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:
In accordance with all applicable Local, State, and Federal law, incidents of aberrant behavior related to the consumption of alcoholic beverages or controlled substances will be diligently investigated and managed in order to alleviate problems related to such illegal conduct.
While alcoholic beverages are permitted on the grounds of the Memorial, rules and regulations regarding its use will be strictly enforced in order to best protect the public and the resources of the area.
36 CFR §2.50 Special events
For use of the theatre and amphitheater for presentations which will be incorporated into the National Park Service (NPS) regular programming and includes the use of NPS technical support, special use permit applications (booking requests) are now taken during the listed scheduled periods only.
The theater at Chamizal National Memorial is booked only during three specific periods of each year:
All forms must be submitted by mail and include a non-refundable check or money order for $50.00 processing fee. A completed cultural justification questionnaire (included in the booking packet) explaining how the proposed event corresponds to the Memorial’s mission must also be submitted.
Note: the cultural justification questionnaire is required for all theater applications.
The following conditions are also required for consideration for a scheduled performance or event request to be approved:
Small scale organized activities by Memorial patrons, such as birthday parties and other celebrations are allowed on grounds; however, organizations, associations, companies, clubs or any other groups of over fifty (50) people must obtain a properly executed Special Use Permit authorized by the Superintendent. A non-refundable administrative processing fee of $50 may be required.
36 CFR § 2.51 Public assemblies and meetings
Demonstrations of 25 people or less are allowed within the park areas designated as available under paragraph (c)(2). Demonstrations of more than 25 people are allowed within designated park areas when the Superintendent has issued a permit for the activity.
The following areas have been designated for public assemblies and meetings:
All of these sites may not be available at any given time due to other scheduled or unscheduled park functions or events. These areas are designated on the attached map (Appendix 1). Visitors may not be approached outside these areas or anywhere else beyond the limits described.
36 CFR §2.52 Sale or distribution of printed matter
The sale or distribution of printed materials is allowed by permit only in the areas described in the public assembly areas (see Appendix 1) and on the last five feet of the west end of the information desk inside the cultural center. Visitors may not be approached.
36 CFR §2.60 Livestock use and agriculture
(a) Absent a permit, the running-at-large, herding, driving across, allowing on, pasturing or grazing of livestock of any kind in a park area for agricultural purposes is prohibited.
36 CFR §2.62 Memorialization
(b) The scattering of human ashes from cremation is prohibited.
36 CFR, PART 3 - BOATING AND WATER USE ACTIVITIES
36 CFR §3.3 Boating operations
Boating within the Memorial is prohibited without a permit. This does not apply to the use of water craft by authorized government officials and public safety-related operations such as search and rescue.
36 CFR §3.21 Swimming and bathing
(a)(1) All areas within the Memorial are closed to swimming and bathing.
36 CFR, PART 4 - VEHICLES AND TRAFFIC SAFETY
36 CFR §4.10 Travel on park roads and routes
Use of motor vehicles on Memorial grounds including trails and sidewalks is prohibited without a permit. Segways, motorized scooters, electric cars, go-carts, and similar vehicles are prohibited. Operating a motor vehicle is prohibited except on park roads and in parking areas; this is limited to street legal vehicles.
Operating a motor vehicle within the Memorial is prohibited except on the paved (“black-top”) main access roadway, utility access road behind the cultural center, and in designated public parking areas. Use of the unpaved, gravel utility road in southeast corner of the Memorial is prohibited without a permit or by the conditions expressed in a legally executed Memo of Understanding.
Any park visitor with a disability is permitted to use an electric personal assistive mobility device (Segway) and similar devices throughout the Memorial, including all structures, facilities, park roads, sidewalks, trails, and other surfaces when such devices are used by a mobility-impaired person for locomotion for the sole purpose of mobility assistance. In effect, use is authorized anywhere a motorized wheelchair is allowed.
Finally, use of any mobility assistive device, as outlined above, must also adhere to the following:
36 CFR §4.12 Traffic control devices and §4.13 Obstructing traffic
Motor vehicles and passenger-carrying busses are subject to the following restrictions on park roads within the Memorial:
36 CFR §4.21 Speed limits
The following maximum speed limit(s) are established and posted for the roads and parking areas as indicated:
36 CFR §4.30 Bicycles
Bicycle use is permitted on park roads, parking areas, and on the following designated routes:
Bicycles must be ridden on the right-hand side of traveled roads, in the same direction of travel as all other vehicular traffic, and in general, conform with all state and federal vehicle traffic regulations.
36 CFR §5.1 Advertisements
Without the approval from the Superintendent no commercial or advertisement will be displayed.
When permission is granted, commercial and or advertisement will follow the protocols of the Code of Federal Regulations.
36 CFR §5.3 Business operations
When engaging or soliciting any business on Memorial grounds, a special use permit, contract, or written agreement will be required and will need to be approved by the Superintendent.
Determination to Change Chamizal National Memorial Regulations
Consistent with applicable legislation and Federal administrative policies, and based upon a determination that such action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, aid to scientific research, implementation of management responsibilities, equitable allocation and use of facilities, or the avoidance of conflict among visitor use activities, the Superintendent makes the following changes to Chamizal National Memorial Regulations.
Individuals over the age of two years must wear masks, except when actively eating or drinking, in the following locations:
1. All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
2. The following outdoor areas, when others are present, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained:
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.
Previous regulation(s) affected by this change:
This is an emergency regulation change adopted for Chamizal National Memorial.
Date of Adoption:
February 08, 2021
Reasons for change:
In order to protect the health and safety of NPS employees, volunteers, partners and contractors, and park visitors, superintendents must implement mask-wearing requirements for park visitors, using the authority in 36 CFR 1.5(a)(2). This authority allows superintendents to impose restrictions on activities within park areas for the maintenance of public health and safety.
Until further notice.
Authority for adoption:
Code of Federal Regulations, 36 CFR, Part 1.5(a)(2)
Last updated: March 9, 2021