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Contact: Jason Ginder, 757-897-4610
Colonial National Historical Park Seeking Public Input on Proposed Amendment to Special Regulations
Yorktown, Virginia – The National Park Service (NPS) is soliciting public input on a proposal to amend the special regulations for Colonial National Historical Park. The rule would remove a regulation that prevents the Superintendent from designating sites within the park for launching and landing private vessels. The rule also would remove outdated permit and fee requirements for commercial passenger-carrying vehicles. Public comments may be submitted now through December 7, 2020.
Since the park was established in the 1930s, the NPS has prohibited the launching or landing of watercraft, except in emergency situations. The current prohibition is codified at 36 CFR 7.1(a) which states that, except in emergencies, no privately owned vessel shall be launched from land within the park and no privately owned vessel shall be beached or landed on land within the park. Consistent with the 2003 Record of Decision for the Jamestown Project Development Concept Plan, the NPS has been exploring new opportunities for boating within the park. Local partners and members of the community have approached the NPS to discuss funding the construction of potential launch sites to better connect a variety of visitors to the shared history of the area. The NPS and its partners share an interest in establishing access to the James and York Rivers, and thus the Captain John Smith Chesapeake National Historic Trail, for waterbased educational and recreational activities.
In order to allow the NPS to pursue these management objectives, the special regulation at 36 CFR 7.1(a) must be removed. Without this park-specific prohibition, the launching and landing of vessels would be governed by NPS general regulations at 36 CFR 3.8(a)(2). This regulation prohibits the launching or recovering (i.e., retrieval) of a vessel, except at launch sites designated by the superintendent. Under this general regulation, the Superintendent may designate launch and retrieval sites within the park should the Superintendent determine that the use of those sites for boating activities is an appropriate public use. The Superintendent would provide notice to the public using the methods set forth in 36 CFR 1.7.
The NPS also proposes to remove the special regulations for the park at 36 CFR 7.1(b). These regulations require a permit for the operation of commercial passenger-carrying motor vehicles within the park and establish a fee structure for obtaining the permits. The permit requirement is unnecessary because it is redundant with the NPS general regulation at 36 CFR 5.3, which requires a permit, contract, or other written agreement in order to engage in business operations within a park area. The NPS uses commercial use authorizations (CUAs) to authorize commercial passenger-carrying motor vehicles. A CUA is a type of permit that allows an individual, group, company, or other for-profit entity to conduct commercial activities and provide specific visitor services within a unit of the National Park System.
The fee structure in 36 CFR 7.1(b) is over 30 years old. The NPS no longer charges the fees because they would not come close to offsetting the increasing administrative costs of managing commercial passenger-carrying vehicles within the park. Instead, the NPS charges an entrance fee for commercial passenger-carrying vehicles under section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) and CUA fees under section 418 of the National Park Service Concessions Management Improvement Act of 1998 (54 U.S.C. 101925).
Public comments on the proposed amendment may be submitted through December 7, 2020 by one of the following methods.
Since the park was established in the 1930s, the NPS has prohibited the launching or landing of watercraft, except in emergency situations. The current prohibition is codified at 36 CFR 7.1(a) which states that, except in emergencies, no privately owned vessel shall be launched from land within the park and no privately owned vessel shall be beached or landed on land within the park. Consistent with the 2003 Record of Decision for the Jamestown Project Development Concept Plan, the NPS has been exploring new opportunities for boating within the park. Local partners and members of the community have approached the NPS to discuss funding the construction of potential launch sites to better connect a variety of visitors to the shared history of the area. The NPS and its partners share an interest in establishing access to the James and York Rivers, and thus the Captain John Smith Chesapeake National Historic Trail, for waterbased educational and recreational activities.
In order to allow the NPS to pursue these management objectives, the special regulation at 36 CFR 7.1(a) must be removed. Without this park-specific prohibition, the launching and landing of vessels would be governed by NPS general regulations at 36 CFR 3.8(a)(2). This regulation prohibits the launching or recovering (i.e., retrieval) of a vessel, except at launch sites designated by the superintendent. Under this general regulation, the Superintendent may designate launch and retrieval sites within the park should the Superintendent determine that the use of those sites for boating activities is an appropriate public use. The Superintendent would provide notice to the public using the methods set forth in 36 CFR 1.7.
The NPS also proposes to remove the special regulations for the park at 36 CFR 7.1(b). These regulations require a permit for the operation of commercial passenger-carrying motor vehicles within the park and establish a fee structure for obtaining the permits. The permit requirement is unnecessary because it is redundant with the NPS general regulation at 36 CFR 5.3, which requires a permit, contract, or other written agreement in order to engage in business operations within a park area. The NPS uses commercial use authorizations (CUAs) to authorize commercial passenger-carrying motor vehicles. A CUA is a type of permit that allows an individual, group, company, or other for-profit entity to conduct commercial activities and provide specific visitor services within a unit of the National Park System.
The fee structure in 36 CFR 7.1(b) is over 30 years old. The NPS no longer charges the fees because they would not come close to offsetting the increasing administrative costs of managing commercial passenger-carrying vehicles within the park. Instead, the NPS charges an entrance fee for commercial passenger-carrying vehicles under section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) and CUA fees under section 418 of the National Park Service Concessions Management Improvement Act of 1998 (54 U.S.C. 101925).
Public comments on the proposed amendment may be submitted through December 7, 2020 by one of the following methods.
- Online: http://www.regulations.gov. In the Search box, enter 1024-AE39. Follow the instructions for submitting comments.
- By hard copy: Submit by U.S. mail to: Superintendent, Colonial National Historical Park, P.O. Box 210, Yorktown, VA 23690.
The NPS asks that the public sends comments only by the methods described above. All comments will be posted on http://www.regulations.gov. This generally means that we will post any personal information you provide us. All submissions received must include the words “National Park Service” or “NPS” and must include the docket number or RIN 1024-AE39 for this rulemaking.
About Colonial National Historical Park. Colonial National Historical Park was established in 1930 to preserve important 17th and 18th century sites that tell the story of English colonization and the struggle for American independence. Jamestown’s legacy includes representative government, but also slavery, a brutal institution that spread throughout the colonies. At Yorktown, Virginia colonists fought in the last major battle of the American Revolutionary War. The 23-mile Colonial Parkway links the sites and is recognized as an “All American road”.
Last updated: October 9, 2020