Superintendent’s Compendium Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
National Park Service U.S. Department of the Interior
Fort Union Trading Post National Historic Site
Approved: 6-27-2016, Andy Banta, Superintendent
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service (NPS), within the boundaries of Fort Union Trading Post National Historic Site. 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 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park:
- Summer visiting hours (Memorial Day weekend through Labor Day weekend) are 8:00 a.m. to 6:30 p.m. Central Daylight Time for all park grounds including the Bodmer Trail unless otherwise posted.
- Winter visiting hours (Monday of Labor Day weekend through Friday before Memorial Day weekend) are 9:00 a.m. to 5:00 p.m. Central Time Zone for all park grounds including the Bodmer Trail unless otherwise posted.
Determination: The park road leading to the NPS Maintenance Shop is closed to public access to provide for public safety due to the frequent travel and/or use of heavy machinery, tools, and equipment by NPS personnel.
- Any road, roadway, or area of Fort Union National Trading Post National Historic Site closed by a sign or gate is closed to public motor vehicle use, except as authorized in Section 1.6 Permits.
- Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Fort Union Trading Post NHS is prohibited except as approved in writing by the superintendent.
Definition:The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate of control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.
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, Fort Union Trading Post is closed to the use of these devices.
The use of unmanned aircraft within the boundaries of Fort Union Trading Post 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 to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.
NPS Management Policies (1.5) require Park Superintendents to use caution when a park is confronted with a new park use such as unmanned aircraft. This type of activity is completely foreign to the historic nature that the park tries to present in order to interpret the historic setting of this park. Less restrictive measures will not suffice due to the historically inaccurate presence of motorized flying objects in the vicinity of the fort and the noise that they may produce.
This closure will prevent conflict among visitor use activities while maintaining the primary purpose of the park: to recognize the significant role played by Fort Union in the upper Missouri fur trade.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
- Please refer to §2.10 for detailed camping area designations.
- Determination: The park does not have potable water or restroom facilities which would be required for a regularly used campground.
Determination: The NPS owns a right-of-way through private property to allow visitors to access to the Bodmer Overlook via the designated Bodmer Trail. The path is unimproved and safely provides for foot traffic only. Access is to be restricted to the NPS maintained trail surface. It does not allow any additional access to or use of the adjacent private property.
- Use of the Bodmer Trail is restricted to pedestrian traffic only. Hikers may not leave the designated and NPS-maintained trail, to prevent trespass on adjacent private property.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
Possession of Weapons
Determination: Weapons of historic nature were routinely carried when the fort was active; allowing living history volunteers to carry these weapons helps create the historic atmosphere of the time period. To provide for public safety, weapons will remain unloaded and weapons that are not historically accurate will be prohibited.
- Weapons may be possessed on all park grounds pursuant to existing State of Montana and North Dakota laws. Weapons are prohibited within all government buildings including the interior of the palisade walls of the fort.
- During park sponsored special events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas” and other events approved by the Superintendent, persons may possess unloaded, historically accurate weapons under the terms of a permit issued by the Superintendent.
- Weapons must be unloaded and historically accurate to the time period when FOUS was an active trading post.
- All persons in possession of a weapon in the park must also be registered with Fort Union Trading Post National Historic Site as a volunteer.
- Segways and motorized scooters, as defined in 36 CFR 1.4, are motor vehicles. Pursuant to 36 CFR 1.5 (a) and 4.10(a), the park has imposed a restriction on the use of Segways and motorized scooters from all areas within the park including all park roads, trails, and sidewalks and walkways.
- However, any park visitor with a disability is permitted to use a Segway or motorized scooter in the park, including in structures and facilities, and on sidewalks and paved walkways, when such devices are used for the sole purpose of mobility assistance. Use of any mobility assistive devices, as outlined above, must also adhere to the following:
a) No person under 16 years of age may operate a Segway.
b) A person shall operate any mobility assistive device in a safe and responsible manner; maximum speed will not exceed more than 8 mph (“Segway sidewalk/Intermediate” key), so as not to endanger one’s self or any other park visitor.
c) A person riding any mobility assistive devise upon and along a sidewalk or walkway, while crossing a roadway in a crosswalk, or on any other surface shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians (park visitors).
Determination: Segways provide a reasonable mobility alternative for those who would otherwise be unable to visit the fort, or find it difficult to visit the fort due to personal mobility limitations.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
Contact the Park Ranger Loren Yellow Bird’ Office for permit information and applications:
Fort Union Trading Post NHS
Park Ranger’s Office
15550 Highway 1804
Williston, ND 58801
(f) The following is a compilation of those activities for which a permit from the superintendent is required:
- §2.4(d) Carry or possess a weapon, trap, or net
- §2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
- §2.10(a) The following camping activities:
- Camping during park sponsored special events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent. Note: Camping without a permit is prohibited in Fort Union Trading Post National Historic Site
- Refer to section 2.10 for conditions related to camping.
- §2.12 Audio Disturbances:
- (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
- §2.37 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)
- §2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events
- §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views
Only Groups over 25 require a permit.
- §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
- §2.62 Memorialization:
- (b) Scattering ashes from human cremation
- §5.5 Commercial Photography/Filming:
- (a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television
- (b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
•§5.6(c) Use of commercial vehicles on park area roads.
III. GENERAL REGULATIONS
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHAEOLOGICAL RESOURCES
(b) Hiking or pedestrian traffic is restricted to the Bodmer trail as listed in Section 1.5 of this document.
36 CFR §2.2 -WILDLIFE PROTECTION
(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
Lawfully taken and tagged wildlife may be transported through the park on all park roads including the park entrance road, the park housing access road, ND Hwy 1804 and MT Hwy 327.
An animal, lawfully shot on neighboring lands, that runs into the park may be retrieved if the animal is dead or mortally wounded following notification of and investigation by a Park Ranger. If the injured animal rises and moves away upon being approached by the Park Ranger, the animal will be considered healthy enough to survive and further pursuit will be prohibited. Commissioned Park Rangers may euthanize a severely injured animal and allow the properly licensed hunter to tag and claim the animal. No engine-driven mechanical equipment such as a winch, hoist, all terrain vehicle, etc. may be used to retrieve the animal. With the approval of a Park Ranger, street legal and licensed motor vehicles may be driven on park roads that are not open to public use in order to transport the animal out of the park
(e) The viewing of wildlife within all areas of the park using an artificial light is prohibited.
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:
Weapons may be possessed on all park grounds pursuant to existing State of Montana and North Dakota laws. Weapons are prohibited within all government buildings including the interior of the palisade walls of the fort.
Persons may carry and possess unloaded, historically accurate weapons during park sponsored special events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent, under the terms of a permit issued by the Superintendent.
All persons in possession of such a weapon must be registered with Fort Union Trading Post National Historic Site as a volunteer.
36 CFR §2.10 – CAMPING and FOOD STORAGE
(a)The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:
Camping is authorized only during park sponsored events, including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent. Campers must use historically accurate tents or tipis, generally made of white canvas, and camp in areas designated by the Superintendent. All persons camping in the park must be registered with Fort Union Trading Post National Historic Site as a volunteer.
- Camping is limited to areas designated by the Superintendent during park sponsored events and under the terms of a permit issued by the Superintendent.
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:
Fires are permitted in park-provided grates in picnic areas.
Fires are permitted in areas designated by the Superintendent during park sponsored special events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent.
Fires are only allowed in the area north of the fort, in the rendezvous camp.
Established Conditions for Fires:
All persons using fires during park sponsored special events must be registered with Fort Union Trading Post National Historic Site as a volunteer.
Fires are prohibited during very high fire danger and/or as posted.
Fires are only permitted for cooking.
36 CFR §2.15 – PETS
(e)Pets may be kept by park residents under the following conditions:
36 CFR §2.16 – HORSES and PACK ANIMALS
(b) The use of horses or pack animals is allowed on the following trails, routes or areas:
(g) Other conditions concerning the use of horses or pack animals:
- All persons with horses and pack animals in the parkmust be registered with Fort Union Trading Post National Historic Site as a volunteer.
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:
- Park employee residential area.
36 CFR §2.21 – SMOKING
(a)The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
- Smoking is prohibited in all government owned or leased vehicles and government buildings with the exception of permanent employee quarters. Smoking is also prohibited where posted, and along trails during periods of high, very high, and extreme fire danger as posted according to the park’s Fire Management Plan.
Determination: Smoking is prohibited in all government vehicles and buildings, except permanent employee residential quarters, to comply with government-wide health and safety policies. Smoking is prohibited where posted during high fire danger in order to protect park resources and reduce the risk of fire.
36 CFR §2.38 – EXPLOSIVES
(b) Fireworks and firecrackers may be possessed and/or used in the following areas, underthe conditions noted:
- Park residents are authorized to light sparklers on the Fourth of July, only in the government housing area, and only on cement sidewalks or pavement, and in accordance with North Dakota state law and Williams County, ND laws or regulations.
36 CFR §2.51 – PUBLIC ASSEMBLIES, MEETINGS
(e) The superintendent shall designate on a map that shall be available in the office of the superintendent the locations available for public assemblies:
The primary public assembly area is the north end of the sidewalk that leads to the Missouri River, where this sidewalk joins the main sidewalk from the parking area.
The secondary public assembly area in at the “bus shelter”, near the phone where visitors can request a ride up to the fort.
36 CFR §2.62 – MEMORIALIZATION
(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:
The scattering of human ashes from cremation, without a permit, is allowed under the following terms and conditions:
The remains to be scattered must have been cremated and pulverized.
The scattering of remains from the air is to be performed at a minimum altitude of 2000 feet above the ground.
- No scattering of remains from theair is to be performed over developed areas, facilities, or bodies of water.
36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES
(a) Park roads open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document (attached hereto):
All roads shown on the Fort Union Trading Post National Historic Site Map and Guide including: HWY 1804 and MT Hwy 327 are open for travel at all times unless closed by Williams County, ND or Roosevelt County, MT officials.
The park entrance road is open the same hours as the park visitor center.
The park road leading to the maintenance shop is not open to the public, but is open for administrative uses.