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FLORISSANT FOSSIL BEDS NATIONAL MONUMENT
COMPENDIUM
2026
National Park Service (NPS) regulations applicable to the protection and equitable public use of units of the National Park System grant specified authorities to a park Superintendent to allow or restrict certain activities. NPS regulations are found in Title 36 of the Code of Federal Regulations (CFR) and created under authority and responsibility granted the Secretary of Interior in Titles 54 and 18 of the United States Code. The following compendium comprises a listing of NPS regulations where the Superintendent has exercised discretionary authority to make designations or impose public use restrictions or conditions in park areas. The applicability and scope of the compendium is articulated in 36 CFR Section 1.2
A complete and accurate picture of regulations governing use and protection of the unit can only be gained by viewing this compendium in context with the full body of applicable regulations found in Title 36.
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:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 et. seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (16 U.S.C. Section 1). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (16 U.S.C. Section 3).
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 (16 U.S.C. Sections 1a1-1a8), 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 2014, Congress enacted Title 54 of the United States Code (USC) National Park Service and Related Programs to clarify its intent as to the overall mission of the NPS. Title 54 conforms to the understood policy, intent and purpose of Congress in the original enactments or laws governing the National Park Service. With the signing of Title 54, Congress clarified and reaffirmed the NPS mission and authority in a central location.
The National Park Service (NPS) is granted broad statutory authority under Title 54 USC to:
“Promote and regulate the use of the National Park System by which 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 wildlife in such manner and by such means as will leave them unimpaired for the enjoyment of future generations”. (54 USC 100101(a))
In addition, 54 USC 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.”
54 USC 100101(b) reaffirms the original intent of Congress in the establishment of the National Park Service by recognizing “…these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage.
54 USC 100101(2) reaffirms the high standard of protection defined in the original Organic Act by stating “Congress reaffirms, declares and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a) to the common benefit of all the people of the United States. “
54 USC 100501 defined the National Park System as “…any area of land and water administered by the Secretary, acting through the director, for park, monument, historic, parkway, recreational or other purposes.”
In addition to the above statutory authority, the Superintendent is guided by established NPS policy and 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 NPS 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 visitors and other users, as long as the 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.
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 128666. 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.
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 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 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?
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.
Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
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.
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 may be submitted to:
Superintendent
Florissant Fossil Beds National Monument
15807 Teller County Road 1/PO Box 185
Florissant, CO 80616
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.
Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
Availability
Copies of the Compendium are available at:
15807 Teller County Road 1, Florissant, CO 80616
AUTHORITY:
Under the authority of Title 54 USC Section 100751(a), and Title 36, Code of Federal Regulations, Chapter 1, Parts 1-7, a Superintendent's Orders Compendium is established for Florissant Fossil Beds National Monument. Regulations listed in this compendium are requirements in addition to those listed in the specific section found in Title 36 unless otherwise noted. The specific authority for this regulatory procedure is found in § 1.5, 1.6, and 1.7 of Title 36.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 36 CFR 1.5 (c), appear in this document identified as “justification.”
TITLE 36 CODE OF FEDERAL REGULATIONS (CFR)
GENERAL PROVISIONS
Note: Maps showing designated areas mentioned throughout this document are maintained at Florissant Fossil Beds National Monument Administration Area.
SECTION 1.5 – CLOSURES AND PUBLIC USE LIMITS
The following areas are closed or restricted as indicated below. Additional locations may be closed or restricted by the posting of appropriate signs.
Establish, for all or a portion of a park area, a reasonable schedule of visiting hours, impose public use limits, or close all or a portion of a park area to all public use or to a specific use or activity.
Visiting Hours
The following schedule of visiting hours is established for the visitor center parking lot: 9:00am to 4:30pm. This area of the park, which includes two interpretive trails the Ponderosa Loop and Petrified Forest Loop, will be closed on the following federal holidays: New Year’s Day, Thanksgiving Day, and Christmas Day.
Determination: Visiting hours are contingent upon staff availability, and may be extended during the summer visitor season, or shortened during the winter.
Closures
The Hornbek Homestead parking lot is open to the public 24 hours a day.
Determination:In 2021, Florissant Fossil Beds National Monument received certification as an International Dark Sky Park from the International Dark Sky Association (IDSA). The Hornbek Homestead has been designated as an area where visitors can enjoy the night skies after regular park hours. Visitors often use this site for viewing of celestial objects because of its unrestricted view of the night sky.
The Barksdale Picnic Area, including the parking lot, is a day use area and open to the public from dawn to dusk.
Service and administrative roads and parking areas are closed to unauthorized vehicles. These roads and parking areas are designated as such by a sign and/or gate.
Overnight parking of unauthorized vehicles is prohibited. Permission to leave disabled vehicles overnight may be granted when actions have been taken to repair or remove the vehicle. The park assumes no responsibility or liability for these vehicles or their contents.
Remote controlled aircraft, both motorized and gliders, are prohibited.
Determination: Remote controlled aircraft can disturb wildlife and impair the scenic and natural values of the park. Title 16 United States Code 1a-1 in part states, “The authorization of activities…shall not be exercised in derogation of the values and purposes for which these areas (National Park Service) have been established”.
The idling of bus engines for extended periods while the passengers are visiting the park is prohibited. Excessive idling of engines adds unnecessary exhaust fumes and noise into the park environment.
(a)(1) Unmanned Aircraft
Launching, landing, or operating an unmanned aircraft from or on lands and waters administrered by the National Park Service within the boundaries of Florissant Fossil Beds National Monument 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:Unmanned aircraft use in National Parks has increased dramatically in the past few years. Management Policies 2006 1.5 and 8.2.2. states the National Park Service will not allow new park uses until a determination has been made that the new use will not cause unacceptable impacts on park resources and determination has been made. Specifically, impacts to resources and values of concern related to unmanned aircraft use at Florissant Fossil Beds National Monument include: visitor experiences, natural quiet, all wildlife mating, breeding, nesting, and feeding activities, viewsheds, and scenic values.
Possession of Firearms in Federal Facilities
Unless expressly authorized, Federal law prohibits the possession of a firearm or other dangerous weapons in NPS facilities. These buildings include, but are not limited to, government offices, visitor centers, ranger stations, fee collection buildings, and maintenance facilities.
1.5(a)(2) Designations of areas for, restrictions or conditions on specific uses or activities
Designate areas for a specific use or activity or impose conditions or restrictions on a use or activity.
Self-balancing personal transporters (Segways) are permitted for use by persons with disabilities in the visitor center parking lot, connecting paved walkways, and on the wheelchair accessible Ponderosa Loop Trail. A handicap placard, issued by states for motor vehicles, is required, and travel speed is restricted to a walking pace.
At present these transporters are defined as a motor vehicle under 36CFR 1.4 and as such are excluded for use solely as motorized wheelchairs. At the same time, it is the intent of this park to provide safe and equitable access to all visitors. Therefore, it has been determined that use of these transporters by persons with disabilities will be allowed under the conditions listed, and that a continuing assessment will be made to insure their safe use and the needs of the disabled visitors.
(a)(2) (ii) Bear Pepper Spray
Non-lethal aerosol type chemical agents are permitted to be carried for personal defense against aggressive wildlife. Chemical agents such as “bear pepper spray” are widely accepted as an effective deterrent against aggressive wildlife and have been found to be a safer and more effective alternative than firearms in wildlife encounters.
The carriage of pepper spray for the strict purpose of defense against bodily harm from aggressive wildlife is permitted within Florissant Fossil Beds National Monument, per order of the Superintendent. It must be commercially manufactured and labeled as “Bear Pepper Spray”, and it must contain between 1% - 2% of the active ingredients’ capsaicin and related capsaicinoids. Carriage of “Mace” or other commercially made non-wildlife pepper sprays which contain a higher percentage of active ingredients is prohibited.
Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.
Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit. Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.
Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. Theserequirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur relatedadministrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the Superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the Superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of theSystem unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit and implements federal law.
SECTION 1.6 – PERMITS
36 CFR 1.6 (f) Activities/Uses Requiring Permits
In accordance with 36 CFR 1.6(f), the following activities require Permits or listing as a specific, approved scope of work in a contract or agreement:
Some filming, still photography, and audio recording (which depends upon the facts and circumstances. Contact the park for more information). 36 CFR 1.5(a)(2) and 54 U.S.C. 100905.
(f) 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:2.4 Weapons, traps and nets.Except as permitted under P.L. 111-24, Section 512.
Note: Section 512, of the Credit Card Accountability Responsibility and Disclosure Act of 2009, P.L. 111-24, 123 Stat. 1764-65, allows persons to possess firearms while in units of the National Park and National Wildlife Refuge Systems if they comply with applicable federal and state law. Specifically, Section 512 (b) states:
The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System if:
The individual is not otherwise prohibited by law from possessing the firearm; and
The possession of the firearm complies with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
Unless expressly authorized, Federal Law prohibits the possession of a firearm or other dangerous weapon in NPS facilities. These buildings include, but are not limited to, government offices, visitor centers, ranger stations, fee collection buildings and maintenance facilities. (This closure clarifies applicability of Title 18 U.S.C. 930 to park facilities.)
2.5 Research specimens.Includes both collection and non-collection research.Permits are available from the division of resource management.
Please refer to 36 CFR §2.5 RESEARCH SPECIMENS
§2.17 Aircraft & Air Delivery:
(a)(3) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means
(c)(1) Removal of a downed aircraft
Permits are available through the chief ranger's office at Black Canyon of the Gunnison NP.
Please refer to 36 CFR § 2.17 AIRCRAFT AND AIR DELIVERY.
§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).
Please refer to 36 CFR§ 2.37 NONCOMMERCIAL SOLICITING.
§2.50(a)Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events.
Proposed large events or activities that have the potential to adversely affect the human environment, including park operations, will require a longer review period. Please refer to 36 CFR § 2.50(a) SPECIAL EVENTS
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views.
Permits, which shall detail location, restrictions and liability insurance requirements, are available through the Superintendent’s office.
§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising.
Permits are available through the chief ranger’s officePlease refer to 36 CFR § 2.52(c) SPECIAL EVENTS
Note: During the small group exception for freedom of speech activities in the designated areas (see above), demonstrators may distribute and sell printed matter as long as the material’s “primary purpose is advocacy, definition or explanation of the group’s or individual’s political, religious, scientific or moral beliefs.”
§2.62 Memorialization:
(a) Erecting monuments (requires approval from the Director of the National Park Service)
(b) Scattering ashes from human cremation
Permits are available through the Superintendent’s office.
Please refer to Section III, Regulations § 2.62 MEMORIALIZATION.
5.1 Advertisements.Posting or displaying notices or advertisements.
5.3 Business operations.Engaging in or soliciting any business.
5.7 Construction of buildings or other facilities.Any structure, road, trail, or utility line.
The National Park Service has statutory authority and a mandate to protect against the impairment of a park’s resources and values. When considering activities that benefit an individual, group, or organization rather than the public at large, a Superintendent may require a permit to assess the appropriateness of the activity. A permit system allows the Superintendent to gather information about the proposed activity, to set conditions, or deny the activity, in support of the park’s resources and values.
SECTION 2.1 – PRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES
(b) The Superintendent may restrict hiking or pedestrian use to a designated trail or walkway system.
Leaving the trail or walkway is prohibited on the following trails:
Ponderosa Loop Trail,
Petrified Forest Loop Trail,
Excavation Site Interpretive Trail (previously the Scudder Pit), and
Connecting walkways from the visitor center.
Determination:Most visitors to the park walk one or all of these trails and walkways, and most of the park paleontological resources are located along or near these trails and walkways. The enabling legislation which created this park in part states, “to preserve…fossils and related geologic sites.” In order to carry out this mandate, the disturbance of these resources is reduced by limiting public access.
SECTION 2.2 – WILDLIFE PROTECTION
2.2 (a)(1) Tracking wounded wildlife into the park, which was lawfully wounded outside of park boundaries, is prohibited unless contact has first been made with a law enforcement park ranger.
2.2 (a)(2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities.
All Park areas are closed to the use of elk bugles, varmint calls, audio attractants or other artificial or natural means of attracting or disturbing wildlife (including rattling antlers, coyote, or other calls or verbal bugling or howling imitations) are prohibited. To maintain a natural setting for wildlife, to prevent adverse interactions with people, and in support of the park No Hunting regulations, the non-natural attraction of wildlife is inappropriate.
2.2 (d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
The transportation of lawfully taken wildlife over publicly owned park lands is allowed. Taken wildlife must comply with all applicable state regulations. Wildlife lawfully taken on non-NPS lands adjacent to the Park which are accessed by an NPS permitted right of way may be transported on Park roads for the sole purpose of exiting the Park. The public roads through the park not only support park operations, but the surrounding community as well, and it is not the intent of the park to interfere with the lawful activities of non-park traffic.
2.2 (e) The Superintendent may designate all or portions of a park area as closed to the viewing of wildlife with an artificial light.
All areas of the park are closed to the viewing of wildlife with an artificial light which includes and is not limited to spotlights and vehicle headlights directed beyond those areas covered in normal driving on monument roads.
Determination: Since wildlife viewing opportunities are abundant during daylight hours, and as viewing wildlife with an artificial light (spotlighting) is a common technique used by poachers, and to minimize the disturbance of wildlife, this activity is unnecessary and inappropriate.
SECTION 2.4 – WEAPONS, TRAPS, AND NETS
2.4(f) carrying or possessing of a weapon, trap, or net in violation of applicable federal and state laws is prohibited.
The possession of a firearm under P.L. 111-24, Section 512 is prohibited in the following federal facilities: Visitor Center including Paleontology Offices and Lab, Administrative Building, Education Yurt, Maytag Barn, A-Frame Building, Hornbek Homestead, and Cusack Barn.
As of February 22, 2010, P.L. 111-24, Section 512 allows people who can legally possess firearms under applicable federal, state, and local laws to legally possess firearms in Florissant Fossil Beds National Monument. Though Section 512 supersedes the treatment of firearms possession under the regulations found in 36 CFR, 2.4, the other regulations found in 2.4 remained unchanged. Also remaining unchanged is the federal law 18 USC, 930 under which the possession of a firearm in a federal facility is prohibited. The federal facilities found in this park are listed above and each public entrance is posted with a notice of this prohibition as per law and agency policy.
SECTION 2.5 – RESEARCH SPECIMENS
(a)Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with other regulations of Chapter I of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.
NOTE: Florissant requires a permit for collecting research specimens. See 36 CFR 2.5 for permitting criteria.
SECTION 2.10 – CAMPING PERMITS, SITES, CONDITIONS, and FOOD STORAGE
2.10 (a) The Superintendent may require permits, designate sites or areas, and establish conditions for camping.
Camping is prohibited throughout the park except by employees or researchers under conditions set forth by the Superintendent in support of research or park operations.
Numerous federal, state, and private campgrounds are available near the park. Without established camping facilities, this park is unable to provide overnight recreational opportunities and provide for public health, safety, and protection of park resources.
SECTION 2.12 – AUDIO DISTURBANCES
This section of the CFR requires that a permit be issued for the following activities related to audio disturbances. See section 1.6 – PERMITS, §2.12for permitted audio disturbance activities.
SECTION 2.13(a)(1) – CONDITIONS ON LIGHTING OR MAINTAINING A FIRE
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:
A fire may be ignited and maintained only by using fuel sources designed and commonly used for warmth or the preparation of food, such as charcoal briquettes or natural firewood. Lighting or maintaining a fire with other materials including, but not limited to, flammable liquids, garbage, fireworks, plastics, aerosol canisters, batteries, or other manufactured or synthetic materials, is prohibited.
Fires are permitted for cooking purposes in the receptacles provided by the park in established picnic areas, or in private grills when used in those areas.
(a)(4) Leaving a fire unattended.
At no time will fires; wood, charcoal, or gas, be left unattended.
(b) Fires shall be extinguished upon termination of use and in accordance with such conditions as may be established by the Superintendent.
All fires, wood and charcoal, must be completely extinguished upon termination of use. Charcoal from private grills must be completely extinguished and deposited in a metal trash receptacle.
(c) During periods of high fire danger, the Superintendent may close all or a portion of a park area to the lighting or maintaining of a fire.
In coordination with federal and state agencies, the Superintendent will close the park to fires during periods of high fire danger.
These conditions and restrictions are intended to prevent wildfires. During closures, park visitorswill be notified by the posting of signs in conspicuous locations.
Determination: This action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, and the implementation of management responsibilities. Materials other than approved combustibles – especially fire accelerants and substances prone to wind transport or explosion – creates serious risks when used to light or maintain fires. These combustibles can ignite or spread wildfires that directly threaten people and valuable resources and assets. The burning of manufactured or synthetic materials can contribute to air pollution, contaminate soil and water, and be toxic to humans and the environment. Less restrictive measures, such as an education campaign informing visitors of the risks of using certain materials to light or maintain a fire, would not be commensurate with the substantial risks associated with those activities and could lead to adverse outcomes that might be prevented by establishing an enforceable condition. Fires outside of established grates or privately owned grills present a fire danger and can fire scar the resources of the campsite.
SECTION 2.15 – PETS
2.15 (a)(1) Possessing a pet in a public building, or any structure or area closed to the possession of pets by the Superintendent.
Pets, when leashed, are permitted only in the signed, designated pet area in, and adjacent to, the visitor center picnic area and along public roads and in parking areas. Pets are prohibited on all trails and remaining areas.
These restrictions do not apply to service dogs accompanying a disabled person. Service dogs are not considered to be pets and are trained to do work or perform tasks for the benefit of an individual with a disability. Training of service dogs by nondisabled persons in the park is prohibited.
Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.
A service animal, as defined by the Americans with Disabilities Act (ADA), is a dog or miniature horse that has been individually trained to do work or perform tasks for an individual with a disability. The tasks performed must be directly related to the person’s disability.
Determination: While Emotional Support Animals or Comfort Animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, andcertain phobias, but do not have special training to perform tasks that assist people with disabilities. Even though some states have laws defining therapy animals, these animals are not limited to working with people with disabilities and therefore are not covered by federal laws protecting the use of service animals.
2.15 (a)(3) Leaving a pet unattended and tied to an object, except in designated areas or under conditions which may be established by the Superintendent.
Leaving a pet unattended and tied to an object is prohibited.
Failing to cage, crate, restrain on a leash, which shall not exceed six feet in length, or otherwise physically restrain the pet at all times is prohibited.
Under the ADA, service animals must also be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
Allowing a pet to make noise that is unreasonable considering the location, impact on park visitors, or frightens or disturbs wildlife by barking, howling or making other noise is prohibited.
Pets may not be left unattended in vehicles if it creates a danger to the animal, or if the animal becomes a public nuisance.
This restriction is intended to prevent park visitors from approaching an unfamiliar dog and possibly being bitten, and to protect the unattended dog from the mountain elements and wildlife. Additionally, excessive barking can disturb visitors, wildlife and impair the natural values of the park.
2.15 (a)(5) Failing to comply with pet excrement disposal conditions which may be established by the Superintendent.
Pet owners are required to immediately remove and properly dispose of their pet’s excrement in an appropriate refuse container.
This is basic to pet ownership responsibilities and it provides for public health and visual cleanliness.NOTE: “Pet” means dogs, cats, or any animal that has been domesticated. [36 CFR §1.4]
Pets on retractable leashes extended beyond 6’ are in violation of 36 CFR §2.15 (a)(2).
SECTION 2.16 – HORSES AND PACK ANIMALS
2.16 (b) The use of horses or pack animals outside of trails, routes or areas designated for their use.
Horses and pack animals are prohibited on all trails, wetland areas, and in developed areas. Riding must be done in a dispersed manner as to prevent the creation of unapproved trails.Horses are prohibited at the Barksdale Picnic Area parking lot and surrounding picnic area. Horses are prohibited from the Hornbek Homestead, Petrified Forest Loop Trail area, stump shelters and the Visitor Center.
A Horse and Pack Animal Use Information sheet (Appendix A) is available for public distribution as a supplemental description of the prohibited areas and specific activity regulations.
Determination: Horse use has been allowed in this park as a traditional use, though this use has the potential to cause long-term impacts on park resources and impacts on other park uses. Horse use areas are available near the park on over one million acres of federal and state lands. This park is managed primarily to accommodate hikers, and it is the intent of this park to provide a unique hiking trail environment among area public lands free from other recreational uses. Horses are prohibited from the park trails because of their size, they cause trail deterioration, and the common presence of manure. Most non-developed areas of the park are open to horses with few restrictions for sensitive resource areas.
Horses and mules shall be fed only certified weed-free feed for at least 48 hours prior to entering the park and at any time while in the park.
Determination: This is the least restrictive measure necessary to eliminate the introduction of non-native plants.
Stock must never be left unattended. Tying of horses and mules to trees or within the park is prohibited.
Determination: Tying horses or mules in a manner that damages trees or vegetation. This restriction prevents resource damage.
SECTION 2.21 – SMOKING AND ELECTRONIC NICOTINE DELIVERY SYSTEMS
Smoking, including e-cigarettes, is prohibited within fifty (50) feet of automotive refueling pumps, amphitheaters, government or leased vehicles, all public buildings, and at least 25 feet from a building opening (including entryways and windows).
Determination: Smoking has long been recognized as a major cause of death and disease not only for those who smoke, but also those who are exposed to environmental smoke. The Director’s Order 50 states that it is the policy of the National Park Service to provide a smoke-free environment for its employees and members of the visiting public. Under this policy smoking is prohibited in government buildings, vehicles, and within 25 feet of a building doorway, window, air duct, or other opening. The Superintendent may also, close specified outdoor areas to smoking during periods of high fire danger. Smoking is prohibited to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. This policy applies to both indoor and outdoor areas. Research indicates that vaping aerosols have at least some level of risk for nearby people in areas with limited ventilation and people with compromised health conditions. Available published studies evaluating the potential hazardous effects of the natural and/or synthetic chemicals used in Electronic Nicotine Delivery Systems(ENDS) indicate that potential health effects exist for users and those exposed secondhand. Directors Order-50 prohibits smoking within 25 feet of an entrance to a building.
SECTION 2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES
Consumption of alcoholic beverages is prohibited within any park building on sidewalks and areas immediately adjacent to the park Visitor Center without prior approval by the Superintendent.
Determination: The Superintendent has determined that the consumption of alcoholic beverages in a visitor setting is inconsistent with other uses of this location and the purpose for which it is maintained.
SECTION 2.38 – EXPLOSIVES
No areas of the park are designated for the use or possession of fireworks or firecrackers. The use and/or possession of fireworks or pyrotechnics of any kind is prohibited throughout the park.
Determination: To ensure visitor safety and reduce fire danger, the use or possession of pyrotechnics of any kind is prohibited.
SECTION 2.51 – PUBLIC ASSEMBLIES, MEETINGS AND FIRST AMENDMENT ACTIVITIES
(b) Demonstrations of more than 25 people are allowed within park areas designated as available under paragraph (c)(2) when the Superintendent has issued a permit for such activity.
(c)(2) Permitted assemblies, distribution of printed matter and First Amendment activities are allowed in the following designated public assembly areas:
The Superintendent has designated an area for these activities as described on the First Amendment Activity Area map (Appendix B) and is available to the public.
The designated First Amendment activity area is visible and accessible to the public and government employees, while allowing for freedom of movement without disruption.
Note: First Amendment activities for 14 days or less and involving 25 people or fewer do not require a Special Use Permit to demonstrate or distribute or sell printed matter under our First Amendment rights. However, First Amendment activities without a permit are restricted to the designated first amendment sites listed above. Those sites were selected by the park for their high visibility and access to the public and for the physical nature of those sites to provide ample room for freedom of speech activities. Activities shall not cause injury or damage to park resources, unreasonably interfere with tranquility or interpretive activities, or create a clear or present danger to park visitors.
SECTION 2.62 – MEMORIALIZATION
(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.
(b) A permit is required for the scattering of ashes from cremated human remains. The scattering of human ashes from cremation is allowed pursuant to the terms and conditions of a permit as outlined below:
The remains to be scattered must have been cremated and pulverized.
The ashes must not contain recognizable pieces of bone or teeth.
The ashes must not be scattered within developed areas.
The scattering of remains by persons on the ground is to be performed at least 100 yards from any trail, road, developed facility, or known archeological and historic sites.
Note: Permits are available at the Superintendent’s office.
Determination: The conditions outlined above reduce the chances of creating offensive conditions by the scattering of human ashes.
SECTION 4.21 – SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
The speed limit on all park roads is 40 mph unless otherwise posted.
Determination: Due to the character of park roads, 40 mph is the maximum speed limit, unless otherwise posted or when conditions for safe travel dictate less. Due to the congested nature of the visitor center parking area, the speed limit is set at 10 mph for all vehicles for the protection of park staff.
SECTION 4.30 – BICYCLES & E-BIKES
The use of bicycles and e-bikes* is prohibited except on park roads and in parking areas.
*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 hp).
(a) Bicycles are permitted only on public roads and in public parking areas and on routes designated for bicycles use. Routes may only be designated for bicycle use based on a determination that such use is consistent with the protection of a park area’s natural, scenic and aesthetic values, safety considerations and management objectives and will not disturb wildlife or park resources.
Bicycles are prohibited on all trails and remaining areas.
Bicycles are prohibited from trails and other pedestrian walkways for public safety. The park hiking trails are managed for pedestrian use and bicycles used on trails are often operated at greater than a walking pace which can cause conflict among users seeking different levels of outdoor experience. In addition, numerous federal, state, county, and city trails in the area are open to bicycles. National Park Service regulations require promulgation of a new special regulation to designate new routes for bicycle use off park roads and outside developed areas. This rule was effective June 1, 2015.
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, 4.21, 4.22, 4.23 and 4.30(i).
Classes of e-bikes:
Class I e-bikes: bicycles equipped with an electric 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 II e-bikes: bicycles equipped with an electric motor that may be used exclusively to propel the bicycle, and that are not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Most Class 2 e-bikes offer electrically assisted pedaling alongside throttles.
Class III e-bikes: electric bicycles equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the e-bike reaches 28 mph.
Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.
4.30(h)(1) Administrative roads and trails authorized for bike use: All paved roads open to general motor vehicle traffic are also open to bicycle and Class I, Class II, and Class III e-bikes.
Groups of cyclists using park roads must break into groups of 6 riders or less with groups separated by one quarter mile.
Determination: Large bicycle groups prevent vehicles from passing them in a safe manner on narrow and winding park roads.
APPENDIX A – HORSE AND PACK ANIMAL INFORMATION
In 1969, Florissant Fossil Beds National Monument was established to provide for the protection of the fossils, geologic sites, and scenic resources of the area. Though recreational activities such as horse use are not mentioned in the establishing legislation of the Monument, it has been a tradition to allow such uses as long as they don't conflict with management responsibilities. These management responsibilities include providing for public health and safety, protection of the natural and cultural resources, avoiding conflict among visitor use activities, and protecting wildlife. At this time, we will continue to allow horse use in the Monument as long as we can meet these responsibilities. We ask for your help in allowing this use to continue by following the restrictions and regulations provided here. If you have questions, please stop by our visitor center or call the park at (719) 748-3253.
