A. INTRODUCTION1. Superintendent’s Compendium DescribedThe 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: www.gpo.gov OR Superintendent of Documents P.O. Box 371954 Pittsburgh, PA 15250-7954 The CFR is also available on the Internet at: www.ecfr.gov. 2. Laws and Policies Allowing the Superintendent to Develop This CompendiumThe National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….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 wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) 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.” 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, 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.” 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, then that Superintendent is obliged to place limitations on public use. 3. Consistency of This Compendium with Applicable Federal Law and RequirementsThe 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. 4. Development of the Requirements of the Superintendent’s CompendiumAs 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:
5. Applicability of the CompendiumThe 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.6. Enforcement of Compendium RequirementsNPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.7. Penalties for Not Adhering to the Compendium RequirementsA 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.8. Comments on the CompendiumThe Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time. Written comments on the Compendium may be submitted to:Superintendent Robin White Little Rock Central High School NHS 2120 W. Daisy L. Gatson Bates Drive Little Rock, Arkansas 72202 9. Effective Date of the Superintendent CompendiumThe 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.10. Additional InformationSome of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.11. AvailabilityCopies of the Compendium are available at 2120 W. Daisy L. Gatson Bates Drive, Little Rock, AR 72202. It may also be found at https://go.nps.gov/CHSC-compendiumB. SUPERINTENDENT’S COMPENDIUMIn 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 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Little Rock Central High School National Historic Site. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.Public Law 105-356 [112 STAT. 3268], Section 2(b) states, in part, “Only those lands [at Little Rock Central High School National Historic Site] under the direct jurisdiction of the Secretary shall be administered in accordance with the provisions of law 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. 461-467).” Accordingly, the provisions of this compendium do not apply to property within the historic site that is owned by entities other than the federal government.
Lands at the historic site under direct jurisdiction of the Secretary of the Interior generally include: • The visitor center and adjacent parking lot, plaza, and grounds (2120 W. Daisy L. Gatson Bates Drive) • The Maintenance Facility (historic Magnolia Mobil Gas Station) and adjacent parking lot and grounds (2125 W. Daisy L. Gatson Bates Drive) • The commemorative garden (2200 W. Daisy L. Gatson Bates Dr; located at the northwest corner of W. Daisy L. Gatson Bates Drive and S. Park Street) The Central High School building and surrounding campus are owned and under the jurisdiction of the Little Rock School District. While the seven residences immediately east of Central High School (1500 block of Little Rock Nine Way) are within the park's expanded boundary, these homes are privately owned and should not be encroached upon by visitors to the historic site. 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. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES(a)(1) The following visiting hours, public use limits, closures and area designations for specific use or activities 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: The visitor center is open based upon availability of staff. The commemorative garden is open for public visitation and use from 7:00 a.m. CST/CDT until sunset daily. The commemorative garden provides contemplative space for reflection on the history of the high school and the events that happened there. It is not intended for overnight use. The Magnolia Mobil Gas Station currently is closed for renovation, is unavailable for public use, and is currently used as an office for the maintenance employees.
Public use of the facility during renovations would slow progress and, potentially, expose visitors to safety hazards inherent in the renovation work. Public Use Limits:
Individuals and groups of twelve people or less may picnic in the commemorative garden. Groups larger than twelve people may not picnic in the garden unless a special use permit for that activity has been issued by the office of the superintendent. While picnicking in itself is an appropriate activity in the commemorative garden, large groups of picnickers may create a level of noise and distraction that would impinge on the contemplative nature of the garden. Closures: Sporting activities including, but not limited to, kite flying, Frisbee throwing, golfing, field games, skate boarding, rollerblading, unmanned aircraft, and roller-skating are prohibited on federal lands within the boundary of the historic site. Park roads and areas closed to bicycle use include:
These activities in these areas pose potential safety risks to other visitors. Further, recreation activities such as those mentioned are not in keeping with the contemplative nature of these listed areas. Unmanned Aircraft: Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service (NPS) within the boundaries of Little Rock Central High School NHS is prohibited except as approved in writing by the superintendent. Definition: 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, drones) that are used for any purpose, including for recreation or commerce. This restriction is to protect the public from hazards and preserve the park’s natural, aesthetic, and scenic values. The use of machine airborne or controlled devices, such as Unmanned Aircraft Systems (UAS) or drones, has the potential to interfere with the protection of the park’s natural or cultural resources. This restriction is in accordance with NPS Management Policy 8.2 which prohibits recreational uses that conflict with the scenic values and viewsheds that the park was designated to protect and the associated activities in which individuals seek solitude and tranquility with an expectation of privacy. The compendium closure is a necessary, interim measure until the NPS considers how to address this new use on a long-term basis and that allowing the use of unmanned aircraft before the park has properly evaluated whether this use is appropriate could result in unacceptable impacts to park resources, park values, and visitor safety. Due to the small size of the site’s facilities, these activities also pose potential safety risks to other visitors. Further, recreation activities such as those mentioned are not in keeping with the contemplative nature of the commemorative garden. The possession or use of fireworks, firecrackers, or other explosive devices is prohibited on federal lands within the boundary of the historic site. No permits for the use or possession of fireworks, firecrackers, or explosive devices of any kind will be issued by the office of the superintendent. Because of the small size of the site’s facilities, firecrackers, fireworks, and other explosive devises also pose potential safety risks to other visitors. Further, use of fireworks, firecrackers, or other explosive devises intrudes on the contemplative nature of the commemorative garden. (a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted: Filming Activities: The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit. The following are prohibited:
Filming activities that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to park areas.
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Last updated: August 13, 2024