Superintendent's Compendium

Superintendent's Compendium Table of Contents Navigation

 
Superintendent's signature, Lisa Petit
Approved by: Superintendent Lisa Petit, August 18, 2021

National Park Service
U.S. Department of the Interior

Superintendent's Compendium Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Cuyahoga Valley National Park
15610 Vaughn Road
Brecksville, Ohio 44141
440-546-5945 phone
440-546-5943 fax

Approved: 8/18/2021
Lisa Petit, Superintendent

A. INTRODUCTION

 

1. Superintendent's Compendium Described

The 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 Compendium

The 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 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." 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 Requirements

The 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 Compendium

As 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:

· Is there use or activity consistent with the NPS Organic Act and NPS policy?

· Is the use or activity consistent and compatible with the park's enabling legislation, management objectives, and corresponding management plans?

· Will the use or activity damage the park's protected natural and cultural resources and other protected values?

· Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?

· Will the use or activity conflict with or be incompatible with traditional park uses and activities?

· Will the use or activity compromise employee or public safety?

5. Applicability of the Compendium

The 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 Requirements

NPS 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 Requirements

A 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 Compendium

The 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

Cuyahoga Valley National Park

15610 Vaughn Road

Brecksville, Ohio 44141

9. Effective Date of the Superintendent Compendium

The 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 Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR

1.4 Definitions.

11. Availability

Copies of the Compendium are available at 15610 Vaughn Road, Brecksville, Ohio 44141. It may also be found at https://www.nps.gov/cuva/learn/management/superintendents-compendium.htm .

CCTV Policy Statement

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Cuyahoga Valley National Park may use Closed Circuit Television (CCTV) security camera monitoring.

The park's use of Closed-Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use - which will have adequate privacy and First Amendment safeguards - will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)

This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio-Visual Recording Device (AVRD) in patrol vehicles or officer- worn recording devices used by commissioned rangers. (RM-9, 26.1)

Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)

Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.

 

B. SUPERINTENDENT'S COMPENDIUM

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 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Cuyahoga Valley National Park. 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 in this document identified by italicized print.

I. 36 CFR §1.5(a) Closures and Public Use Limits

Visiting Hours:

Day Use Areas

All park areas open to the public are open 24 hours a day all year unless listed below, outlined in a separate Superintendent’s closure, or posted otherwise.

· Virginia Kendall Ledges, dusk to morning opening, year round

· Virginia Kendall Octagon, dusk to morning opening, year round

· Virginia Kendall Lake, dusk to morning opening, year round

· Brandywine Falls, dusk to morning opening, year round

· Kendall Hills, dusk to Morning Opening, weather condition specific

Determining factors: These closure periods are to control / prevent illegal activity in the late night / early morning hours; to prevent damage to parking areas, trails, and park resources; and to protect public safety.

East Rim Mountain Bike Trail System

East Rim, Lamb Loop, Post Line, Edson Run are closed from 11:00 p.m. to 6:00 a.m. everyday.

Determining factors: The East Rim Trail is only accessible via the Summit County Bike and Hike Trail which is closed to access from 11 p.m. to 6 a.m.

East Rim, Lamb Loop, Post Line, Edson Run are closed to all users when area signage and/or the Trail Twitter feed indicates it is closed. http://twitter.com/CVNPmtb

Determining factors: For the preservation of the trail surface during wet conditions and / or for the safety of users due to hazardous conditions.

Riders and Hikers must observe posted direction of travel signage posted at trailheads.

Determining factors: For the safety of all users and to reduce the incidence of collisions.

Public Use Limits:

Masks

All individuals over the age of two, regardless of vaccination status, must wear masks, except when actively eating or drinking, in 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.

All individuals over the age of two regardless of vaccination status must wear masks in the following outdoor areas when others are present, except when actively eating or drinking, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained:

• The grounds of the Boston Mill Visitor Center, all railroad boarding areas, all park shelters and picnic areas
• The wildlife viewing areas of the Beaver Boardwalk section of the Towpath trail, Brandywine Falls boardwalk and the Blue Hen Falls waterfall viewing areas.
• While on-board any Cuyahoga Valley Scenic Railroad train.
• The grounds of the Environmental Education Center, Howe Meadow, Happy Days Lodge and Hines Hill Conference Center.
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.

Regardless of vaccination status, all individuals must comply with all orders regarding masks issued by the Centers for Disease Control and Prevention.
CDC prevention measures continue to apply to all travelers on public transit, regardless of vaccination status. Masks remain required on all forms of public transit that operate within parks, including buses, trains, and boats/ferries, and in transportation hubs.

Park staff should not ask visitors whether or not they have been vaccinated. Absent evidence to the contrary, park staff should operate as though non-masked visitors are fully vaccinated.

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:

· Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:

· maintain public health and safety;

· protect environmental or scenic values;

· protect natural or cultural resources;

· allow for equitable allocation and use of facilities; or

· avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request by not issuing a permit. The Superintendent will provide the basis for denial in writing upon request.

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:

1. Engaging in a filming activity without providing advance notice to the Superintendent when required.

2. Engaging in a filming activity without a permit if the activity takes place in areas managed as wilderness or if the Superintendent has notified the organizer in writing that a permit is required.

3. Violating a term and condition of a permit issued under this action.

Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

Determination: 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.

Unmanned Aircraft (drones)

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Cuyahoga Valley National Park 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, and drones) that are used for any purpose, including for recreation or commerce.

Determination: Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Cuyahoga Valley National Park is closed to the use of these devices. The use of unmanned aircraft within the boundaries of Cuyahoga Valley National Park has the potential to harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area.

This closure is being implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and park resources. The interim closure will safeguard the values while the NPS considers how to address this new use on a long-term basis.

Closures:

National Park Service Structures

The following National Park Service structures are closed to unauthorized entry:

· All unoccupied National Park Service owned structures, except for authorized individual(s) and/or activities.

· All occupied National Park Service owned residential structures and associated curtilage area as posted, except for authorized individual(s) and/or activities.

Determining Factors: For the prevention of vandalism and the prevention of injury to persons entering vacant structures. For the preservation of privacy for persons occupying NPS owned residences.

Railroad Tracks

All railroad tracks and the area extending 4' beyond the end of the railroad ties, exclusive of road crossings and boarding areas, within the park boundary are closed to unauthorized pedestrians.

Determining Factors: Pedestrians standing or walking on or close to park railroad tracks have caused the train to engage emergency braking procedures which is a life-safety hazard to passengers and staff. Additionally, failure of persons to adequately yield to moving trains and moving through or under trains presents an unacceptably high risk of injury or death.

Jaite Paper Mill Site

The fenced area of the Jaite Paper mill site is closed to entry.

Determining Factors: Due to presence of contaminated soil and vegetation, these areas may pose

a potential safety hazard to the visiting public. Ongoing construction and rehabilitation of the area

may also create a hazard to the visiting public.

Ice Box Cave

The Ice Box Cave is closed to entry at all times.

Determining Factors: Ice Box Cave is closed for the protection of native bat species. Repeated human disturbance of bats is detrimental to the population. Protection requires the closure of the entrance to the cave.

The Environmental Education Center Campus

The Environmental Education Campus is closed to unauthorized persons year round.

Determining Factors: This restriction is necessary to provide a safe and secure learning environment for the school children who attend programs at the EEC. Due to the openness of the campus a safe environment cannot be achieved without public use limits.

Waterfalls

The waterfalls listed below are closed to entry 50’ upstream and 50’ downstream from the face of the falls at all times.

· Brandywine Falls

· Twin Sisters Falls

Determining Factor: Due to safety concerns for the visiting public and to preserve established visitor uses including photography and enjoyment of the natural viewshed.

Swimming

The following areas are closed to swimming during the period indicated:

· Kendall Lake, year round

· Indigo Lake, year round

Determining Factor: Due to the safety concerns for the visiting public.

Rock and Ice Climbing

Rock and ice Climbing is prohibited at:

· Virginia Kendall Ledges

· Twin Sisters Falls

· Blue Hen Falls

· Buttermilk Falls

· Brandywine Falls

Determining Factors: Climbing activities are inconsistent with established visitor uses including photography and enjoyment of the natural environment. A closure is also required to protect fragile plant communities from damage.

Sledding Hills

The construction of ramps or bumps are prohibited at Virginia Kendall Sledding Hills

Determining Factors: The creation of bumps or ramps has been shown to create an undue risk of injury to the people sledding or riding.

Boating

All lakes and ponds are closed to gas powered motors. Electric motors are permitted.

Determining Factors: This restriction is necessary to preserve the natural characteristics of the lakes for public enjoyment and safety, and to ensure that the management of the park’s lakes and ponds meets the needs of all park users, including but not limited to photographers, fishermen, and those wishing to experience natural soundscapes at lakes and ponds.

Only human powered vessels are allowed on the Cuyahoga River. All vessels must be steerable. Inner tubes, air mattresses, float tubes and similar individual swimming/fishing flotation devices are prohibited.

Determining Factors: This restriction is necessary to maintain public safety on the river. Passages are often clogged with debris posing a substantial hazard to users and park rescuers. The Cuyahoga River within the park offers the opportunity for the public to experience a primitive paddling experience.

Remote Control Devices and Rocketry:

The operation of remote-controlled airplanes, helicopters and other like objects and the launching of model rockets is prohibited.

Determining Factors: Due to possible risk of injury to other visitors, noise concerns, and the disruption of the natural scenic landscape and view.

Outdoor blinds and deer stands:

Wildlife watching blinds and deer stands are prohibited in the park.

Determining Factors; because hunting is not permitted in the park the use of a wildlife viewing blinds is not consistent with wildlife preservation goals.

Electric Personal Transportation Devices

Electric scooters, electric skateboards, electric skates, or any other similar electric transportation device designed to carry a single passenger and propelled or assisted by an electric motor are prohibited on all park roads and trails. Additionally, electric bikes are permitted on park roads in compliance with adopted state laws.

Determining Factors: This restriction is necessary to provide for the safety of pedestrians and motorists.

II. 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:

§1.5(d) The following activities related to Public Use Limits:

· Group activities involving equipment rental, hiring of individuals, catering, or vehicle access to support areas beyond access gates.

· Activities which use models, sets or props that are not part of the location’s natural or cultural resources or administrative facilities.

· Group or individual activities involving the use of government-owned facilities or areas that are generally closed to the public.

· Activities which require NPS supervision or monitoring to help prevent impacts to resources or conflict with visitor uses.

· Reservation of the following facilities:

o Ledges Shelter

o Octagon Shelter

§2.4(e) Carry or possess a weapon, trap, or net (excluding legally permitted arms)

§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)

§2.12 Audio Disturbances:

· (a)(2) Operating a chainsaw in developed areas

· (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas

· (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51

§2.17(a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means.

§2.17(c)(1) Removal of a downed aircraft.

§2.37 Soliciting or demanding gifts, money goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)

§2.38 Explosives:

· (a) Use, possess, store, transport explosives, blasting agents

· (b) Use or possess fireworks

§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, holding vigils or religious services and other public expressions of views when the activity involves more than 25 persons or is requested for a location outside the identified designated areas.

§2.52(c) Sale or distribution of printer matter. See § 2.52(b) for applicability

§2.60(b) Livestock use

§2.61(a) Residing on federal lands

§2.62 Memorialization:

· (a) Erection of monuments (Requires approval from Regional Director)

· (b) Scattering ashes from human cremation

§3.19 Operating a submersible

§4.11(a) Exceeding of established vehicle load, weight and size limits

§5.1 Advertisements - (Display, posting or distribution.)

§5.3 Engaging in or soliciting any business (Req

agreement with the United States, or must be pursuant to special regulations).

§5.6(c) Use of commercial vehicles on park area roads

(The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)

III. GENERAL REGULATIONS

 

36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

(a)(4) Dead wood on the ground may be collected for use as fuel in grills within the park in the following areas:

· Virginia Kendall Ledges, year round

· Virginia Kendall Octagon, year round

· Virginia Kendall Lake, year round

· Virginia Kendall Hills, year round

· Oak Hills area, year round

· Small developed picnic sites, year round

(c)(1), (c)(2) The following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:

· Visitors may collect by hand reasonable quantities of edible fruit, berries, or nuts, for personal use or consumption, except from plants that are contained in the Federal or State of Ohio lists of rare, threatened, or endangered species of plants.

· Fungi (mushrooms) and bulbs are not considered fruit, berries or nuts and may not be collected in any quantity.

Determining Factors: Cuyahoga Valley National Park (CVNP) maintains a prohibition on the collection or harvesting of fungi on federal land within the boundary of the park. In 2019 and 2021 park management reviewed its position on foraging within the park generally and fungi collection in particular. There are two factors park found compelling in this decision.

1. National Park Service regulations

36CFR § 2.1(c)(1) states: The superintendent may designate certain fruits, berries, nuts, or unoccupied seashells which may be gathered by hand for personal use or consumption upon a written determination that the gathering or consumption will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.

This regulation does not delegate to the superintendent the authority to designate fungi as they are neither fruit nor berry nor a member of the plant kingdom. While some parks in the system have interpreted the language more broadly, there is no basis in the regulation to support the rationale.

2. Consistency with adjacent park districts

Neither Summit Metroparks nor Cleveland Metroparks allow foraging, fungi collection or the removal of any natural products. Both districts manage land within the boundary of CVNP and land ownership is often unmarked. Contradictory regulations governing collection would likely be confusing and difficult to enforce. Well-meaning collectors could easily find themselves inadvertently foraging on Metroparks land and be in violation of regulations.

Additionally, given the population density of Northeast Ohio, should CVNP become the only public land allowing the activity, it is reasonable to assume that the park would attract many people interested in the activity. While the collection of fungi likely does not affect the reproductive potential of the fungi species, the potential damage to rare plant species or plant communities could foreseeably result from such a popular activity.

In conclusion, the absence of clear authority to allow the activity and the inability to ensure that the collection of fungi would not adversely affect other park resources are compelling reasons to maintain the prohibition against fungi collection in CVNP.

36 CFR §2.2 - WILDLIFE PROTECTION

(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

· In accordance with state law

(e) Spotlighting:

· All park areas are closed to the wildlife viewing with artificial light. NOTE: Night vision devices are not artificial lights; however, infrared lighting /beams are considered artificial lights and are included in this prohibition.

36 CFR §2.4 - WEAPONS, TRAPS, AND NETS

(a)(2)(i) Weapons (excluding legal firearms), traps, or nets may only be carried, possessed or used at the following designated times and locations:

· In accordance with Ohio state law, except as otherwise prohibited by applicable federal law.

· Firearms are prohibited in facilities owned or leased by the federal government where federal employees are regularly present for performance of their duties. These facilities are posted with signs informing the public that firearms are prohibited in these buildings.

· The law prohibits the carrying of firearms on school property. Firearms are prohibited on the entire Cuyahoga Valley Environmental Education Center (CVEEC) campus and in the Stanford House when occupied by CVEEC events.

· Possession and use of traps and nets is prohibited.

36 CFR §2.13 – FIRES

(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:

Designated Areas:

· Virginia Kendall Ledges

· Virginia Kendall Octagon

· Virginia Kendall Lake

· Virginia Kendall Hills

· Oak Hills area

· Small, developed picnic sites

· Receptacles Allowed:

· Existing grills or fireplaces, or self-contained grills

Established Conditions for Fires:

· No firewood may be brought into the park. Use only NPS-provided firewood or downed wood in park.

36 CFR §2.15 – PETS

(a)(1) The following areas are closed to the possession of pets

· Pets are prohibited at Virginia Kendall Hills during sledding activities.

Determining Factors: For the protection of individuals and animals from possible serious injury from sledding collisions.

· Pets are prohibited on the East Rim Mountain Bike Trail System.

Determining Factors: For the protection of individuals and animals from possible serious injury due to collisions with bicyclists.

36 CFR §2.16- HORSES and PACK ANIMALS

(a) The following animals are designated as pack animals for purposes of transporting equipment:

· Horses, mules, burros and llamas

(b) The use of horses or pack animals is allowed on the following trails, routes or areas:

· Wetmore Bridle Trail

· Riding Run Bridle Trail System

· Wetmore Riding Run Connector

· Valley Bridle Trail

· Pinery Narrows Connector Bridle Trail

· On designated locations on the Towpath Trail

36 CFR §2.51- DEMONSTRATIONS

(c)(2) The areas listed below are designated for demonstrations and the sale or distribution of printed matter. These areas may be occupied by groups of 25 or fewer persons without a permit consistent with 36 CFR 2.51 and 2.52. However, there are exceptions, and even when not required a permit is recommended in order to assure space will be available at a particular site. Detail maps of many areas will be furnished upon request and/or with a permit.

• Rockside Station
• Canal Exploration Center
• Station Road Trailhead
• Headquarters Area (North Duplex)
• The Boston Mill Visitor Center at the northeast corner of Boston Mills Rd and Riverview Rd.
• Happy Days Lodge Parking Lot North
• Hunt House
• Howe Meadow

Area maps are found below in Compendium attachments.

36 CFR §2.52 - SALE AND DISTRIBUTION OF PRINTED MATERIAL

See section 2.51 above regarding the list of designated areas.

Superintendents are authorized by 36 CFR 2.52 to issue special park use permits for the sale or distribution of “printed matter,” which the regulation defines as “message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising.” Sales under this regulation whether authorized by a permit or small group exception, are limited to these defined terms.

To ensure that interpretation of the 36 CFR 2.52 accommodates the exercise of First Amendment rights, and that it is uniformly applied, in interpreting and applying the regulation, superintendents will allow the free distribution of message-bearing items to the public other than printed matter, so long as the activity occurs within the areas designated as available for First Amendment activities, and otherwise complies with 36 CFR 2.52.

Examples of message-bearing items that may be distributed for free include CDs, DVDs, and other readable electronic media. Such items must be distributed free of charge, and individuals may not ask or demand payment or request a donation in exchange for the item, which would violate 36 CFR 5.3.

36 CFR §4.30 - BICYCLES

(d) The following additional routes, in developed areas or special use zones, have been designated for bicycle and class I and II e-bike use (see part 7 for East Rim Trail regulations):

· Carriage Trail Connector (paved section)

· Everett Covered Bridge

· Hale Farm Connector Trail

· Hemlock Trail

· Stanford House Connector

· Towpath Trail

(f) Closures and other use restrictions:

E-bike Use

· No person shall operate a class 3 electric bicycle on any trail open to traditional bikes

· No person shall operate a class 1, class 2, or class 3 electric bicycle on East Rim mountain bike trails.

SPEED LIMITS: The speed limit for bicycles on any trails that allow traditional bicycles and electric bicycles is fifteen (15) miles per hour (mph) except that bicycles shall exercise reasonable speeds which are safe and prudent when crossing any bridge or boardwalk, with the exception of East Rim mountain bike trails.

Bicycles may operate two abreast only where conditions allow. Bicycles may not be operated two abreast on the East Rim trails, at blind curves and across bridges and boardwalks.

(i) Electric bicycles

E-bikes are allowed in Cuyahoga Valley National Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where the use of motor vehicles by

the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.

The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).

A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).

Except as specified in this Compendium, the use of an e-bike within Cuyahoga Valley National Park is governed by State law, which is adopted and made a part of this Compendium. Any violations of State law adopted by this paragraph is prohibited.

E-bike” shall mean “low speed electric bicycle” as defined by 15 U.S. C. § 2085 and falling within one of the following classifications:

Class 1 electric bicycle shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;

Class 2 electric bicycle shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; and

Class 3 electric bicycle shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

COMPENDIUM ATTACHMENTS

 
An aerial view of the Rockside Station area; in the middle of the photo is the Rockside Station parking lot; to the right of the lot - between it and the river - is an irregularly shaped yellow polygon indicating the location of the first amendment area.
The designated First Amendment Area at Rockside Station is located on the east side of the parking lot.
 
Aerial view of the Station Road area; at center is the Station Road parking lot, its driveway entering from the west; west of the railroad tracks and north of the driveway a trapezoidal yellow polygon indicates the location of the first amendment area.
The designated First Amendment Area at Station Road is located on the west side of the railroad tracks.
 
Aerial view of the Canal Exploration Center (CEC) area; at center is the CEC parking lot; to the right, south of the building and west of the Towpath Trail a trapezoidal yellow polygon indicates the location of the first amendment area.
The designated First Amendment Area at Canal Exploration Center is located on the west side of the Ohio & Erie Canal Towpath Trail.
 
Aerial view of the Headquarters area; on the right side is the intersection of Riverview Road and Vaughn Road; on the left side - north of Riverview Road, between two buildings - is a yellow rectangle indicating the location of the first amendment area.
The designated First Amendment Area at Headquarters is located on the west side of Riverview Road.
 
Cuyahoga Valley National park seen from above, with green grass and streets
The designated First Amendment Area in the Boston area.
 
Aerial view of the Happy Days Lodge area; to the left is the lodge; to the right is the parking lot north of S.R. 303; between the parking lot and S.R. 303 is an irregularly shaped yellow polygon indicating the location of the first amendment area.
The designated First Amendment Area at Happy Days Lodge is located on the north side of State Route 303.
 
Aerial view of the Hunt Farm area; to the left is the intersection of Riverview Road and Bolanz Road; north of Bolanz Road - between the road and Hunt House - is a yellow rectangle indicating the location of the first amendment area.
The designated First Amendment Area at Hunt Farm (Hunt House) is located on the north side of Bolanz Road.
 
Aerial view of the Howe Meadow area; to the left is the Howe Meadow barn; wrapping around the north side and off to the east of the barn's northeast corner is an irregularly shaped yellow polygon indicating the location of the first amendment area.
The designated First Amendment Area at Howe Meadow is located along the northeast corner of the barn.

Last updated: August 20, 2021

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Mailing Address:

15610 Vaughn Road
Brecksville, OH 44141

Phone:

(440) 717-3890

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