Superintendent's Compendium - Park Specific Rules

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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:

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the Internet at:

https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title36/36cfrv1_02.tpl

2) 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.”

16 U.S.C. Section 1c defines the National Park System as “…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”

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, than 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 the 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 States 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.

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:

Fort Necessity NB: https://www.nps.gov/fone/learn/management/lawsandpolicies.htm

Friendship Hill NHS: https://www.nps.gov/frhi/learn/management/lawsandpolicies.htm
 

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 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Fort Necessity National Battlefield and Friendship Hill 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.
  1. 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 to all public use or to a certain use or activity:
    Visiting Hours:
    • The park is open daily from Sunrise to Sunset.
    • Visitor centers and public buildings are open as scheduled and posted at the facility, park websites and/or through press releases.
    • Park visitor centers and other public facilities are closed on the following designated federal holidays: New Year’s Day (January 1), Thanksgiving Day, and Christmas Day (December 25).
    • The park superintendent may close park facilities due to severe weather on an as needed basis.
    Fort Necessity NB:
    • Main park road is open daily from sunrise to sunset. November 1 through April 30, the road from the Visitor Center to the picnic loop is closed
    • Gist Road (Picnic Area Road) and Picnic Area is open daily from sunrise to sunset, May 1 through October 31, closed November 1 through April 30.
    • Jumonville Glen is open daily sunrise to sunset, May 1 through October 31, closed November 1 through April 30.
    • Braddock’s Grave is open to foot traffic year-round. Closed to vehicles depending upon weather conditions.
    • Visitor Center is open daily 9:00 a.m. to 5:00 p.m. unless otherwise posted or closed for holiday observance as noted.
    Friendship Hill NHS:
    • Gallatin House Gate is open daily from 9:00 a.m. to 5:00 p.m. when park facilities are open.
    • Visitor Center is open daily 9:00 a.m. to 5:00 p.m. from May 1 through September 30, unless otherwise posted.
    • Visitor Center open 9:00 a.m. to 5:00 p.m. Saturdays and Sundays, October 1st through April 30, unless otherwise posted.
    Closures (General):
    • The following areas are closed to the general public:
      • All abandoned surface and underground mine areas.
      • All construction sites.
      • Employee residence areas and access roads, maintenance areas and access roads.
      • These closures are established to protect the health and safety of park visitors, the privacy of park residents and safe park operations. They are the minimum restrictions necessary to achieve such protection.
    Fort Necessity NB:
    • The following areas are closed to the general public:
      • The Mount Washington Tavern, except for the first and second floors, is closed to the public.
      • The Rush property life estate tract and its access roads are closed to the public.
      • These closures are established to protect the health and safety of park visitors, the fragile nature of historic structures, and the privacy of resident park in-holders. They are the minimum restrictions necessary to achieve such protection.
    Friendship Hill NHS:
    • The following areas are closed to the general public:
      • The Albert Gallatin House, except for the first floor, second floor exhibit areas, and the basement restroom.
      • The area of artificial wetlands used in the acid mine drainage (AMD) study and the AMD facility building.
      • The areas within 50 feet of all natural gas wells.
      • Beyond the fencing at the cistern.
      • Gallatin House Knoll (defined as lawn adjacent to historic house and within viewshed of house) will have limited permitted activities. Permitted activities on the knoll must promote the park history, provide interpretive and stewardship value, and have a meaningful association between the park area and the event. Activities such as weddings, parties, and picnics are not permitted at this location.
      • These closures are established to protect the health and safety of park visitors and the fragile nature of historic structures. They are the minimum restrictions necessary to achieve such protection.
    Conditions and Exceptions:
    1. These closures do not apply to the following activities:
    (a) Administrative use of unmanned aircraft as approved in writing by the Associate Director of Visitor Resource Protection for such purposes as scientific study, search and rescue operations, fire operations, and law enforcement. Administrative use includes the use of unmanned aircraft by (i) NPS personnel as operators or crew; (ii) cooperators such as government agencies and universities that conduct unmanned aircraft operations for the NPS pursuant to a written agreement; and (iii) other entities, including commercial entities, conducting unmanned aircraft operations for the NPS, provided such entities are in compliance with all applicable FAA and Department of the Interior requirements.

    (b) Activities conducted under a Scientific Research and Collecting Permit that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection in consultation with the Associate Director for Natural Resource Stewardship and Science.

    (c) Activities conducted under a Special Use Permit (NPS Form 10-930) that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection.

    Pertinent Aircraft and Air Delivery information are stated in 36 CFR §2.17
    (a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
    Motor Vehicles:
    • Motor vehicles are allowed on the following roadways:
      • FONE
        • Main park road, picnic area road (Gist Road), the Mount Washington Tavern parking loop, the Braddock Grave Site parking loop and the Jumonville Glen parking loop.
      • FRHI
        • Main park road, the Knoll Road for handicapped access/parking only.
      • All roadways are subject to seasonal closures.
      • Under a Special Use Permit for non-park related activities, additional parking may be permitted as directed. This is limited to 100 vehicles.
      • Motor vehicles are prohibited on all trails, pipelines, transmission line rights-of-way, non-designated roadways, or other unimproved surfaces except for management use of pipeline and transmission line rights-of-way as detailed in appropriate agreements between the utility company and the National Park Service, wheeled vehicles used for accommodation of handicapped individuals on established walkways, and by park employees pursuant to approved uses and methods in conducting park management, maintenance, or law enforcement operations.
      • FRHI: There is no parking or standing of vehicles along Mansion Drive.
      • These conditions are established to protect park resources from unnecessary damage and erosion due to off-road motor vehicle use and is the minimum restriction necessary to achieve such protection.
    Trails:
    • All trails, either paved or unimproved, are open to foot traffic only, except for wheeled vehicles used to accommodate handicapped individuals on established walkways.
      • FONE: Established walkways for wheeled vehicles, including Segways, used for handicapped accommodation, includes the paved path from the Visitor Center to the Fort.
      • FRHI: Established walkways for wheeled vehicles, including Segways, used for handicapped accommodation, includes the paved path from the parking lot to the Gallatin House, and the area between the handicapped parking on the knoll to the Gallatin House.
      • These conditions are established to protect park resources from unnecessary damage and erosion due to off-road motor vehicle use and is the minimum restriction necessary to achieve such protection.
    Bicycles:
    • Bicycles are open to use on established park roads and parking areas open to motor vehicle traffic. Bicycle use is prohibited on all trails in the parks. See also 36 CFR §4.30.
    • Roller skates, scooters, skateboards and other wheeled recreational equipment are prohibited in all areas of the parks. See also 36 CFR §2.20.
      • These conditions are established to protect the health and safety of park visitors, to protect park resources from unnecessary damage and erosion due to off-road vehicle use and is the minimum restriction necessary to achieve such protection.
    Picnicking:
    • Picnicking is allowed only in the following designated sites:
    • FONE
      • The picnic area off of Picnic Loop and the pavilion behind the Visitor Center.
    • FRHI
      • Adjacent to the Comfort Station.
    • These conditions are established to preserve and honor the integrity of battlefield areas, grave sites, and other areas of solemn value, and is the minimum restriction necessary to achieve such protection.
    Vehicle Maintenance:
    • Washing, waxing, cleaning, or lubricating motor vehicles or repairing or performing any mechanical work upon motor vehicles, except in emergencies, are not permitted.
    • This restriction is established to protect the health and safety of park visitors, the fragile nature of the park, and is the minimum restriction necessary to achieve such protection.
    Kite Flying, Ball Playing, Frisbee Throwing:
    • Recreation activities of these or similar types are not permitted on or within 50 feet of any walkway, trail, parking lot, road, or within 300 feet of park buildings (including the Gallatin House, Fort and stockade).
      • This condition is established to protect the health and safety of park visitors and to minimize conflict between user groups and is the minimum restriction necessary to achieve such protection.
    Swimming:
    • Swimming, wading, bathing, snorkeling, and underwater diving are prohibited in the park. See also 36 CFR § 3.16 of this document.
      • This condition is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.
    Face Mask Requirement:
    • When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.
    • When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
    • When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.
    • 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 8 ventilation valves, and face shields do not meet the requirement.
    • Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.
    • Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.

    Radio-Controlled and Unmanned Aerial Vehicles:
    • Launching, landing, or operating an unmanned aircraft, including drones, from or on lands and waters administered by the National Park Service (NPS) within the boundaries is prohibited except as approved in writing by the Superintendent.
    Determination of Closure/Limit National Park Service units are designed to provide for visitor experiences in which the park’s natural and cultural resources are protected in such a manner as to provide for their enjoyment by future generations. Noise and nuisance complaints have been documented in other NPS units where there has been use of unmanned aircraft systems. Their use is not compatible with visitors enjoying their National Parks in an unimpaired state. Additionally, unmanned aircraft systems have been shown to impact wildlife. Activities which disturb nesting, breeding and other activities are prohibited under 36 CFR § 2.2.

    In addition to preserving the natural and cultural resource qualities, visitor solitude, and ecosystem processes of the park, this closure is also necessary to provide for the security of closed park areas. The use of unmanned aircraft systems would provide an unacceptable security threat to areas of the park which are closed to the public. Less restrictive measures are not sufficient for security due to the sensitive nature of these closed areas.” Conditions and Exceptions:
    This closure does not apply to the following activities:
    1. Administrative use of unmanned aircraft as approved in writing by the Associate Director of Visitor Resource Protection for such purposes as scientific study, search and rescue operations, fire operations, and law enforcement. Administrative use includes the use of unmanned aircraft by (i) NPS personnel as operators or crew; (ii) cooperators such as government agencies and universities that conduct unmanned aircraft operations for the NPS pursuant to a written agreement; and (iii) other entities, including commercial entities, conducting unmanned aircraft operations for the NPS, provided such entities are in compliance with all applicable FAA and Department of the Interior requirements.
    2. Activities conducted under a Scientific Research and Collecting Permit that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection in consultation with the Associate Director for Natural Resource Stewardship and Science.
    3. Activities conducted under a Special Use Permit (NPS Form 10-930) that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection.
    Pertinent Aircraft and Air Delivery information are stated in 36 CFR §2.17.


    This condition is established to protect the health and safety of park visitors and to minimize conflict between user groups and is the minimum restriction necessary to achieve such protection.

    (c) Except in emergency situations, prior to implementing or terminating a restriction, condition, public use limit or closure, the superintendent shall prepare a written determination justifying the action. That determination shall set forth the reason(s) the restriction, condition, public use limit or closure authorized by paragraph (a) has been established, and an explanation of why less restrictive measures will not suffice, or in the case of a termination of a restriction, condition, public use limit or closure previously established under paragraph (a), a determination as to why the restriction is no longer necessary and a finding that the termination will not adversely impact park resources. This determination shall be available to the public upon request.
  2. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

    (b) Permit Application
    • Permit applications must be filed with the Superintendent at least 10 days before the anticipated activity. Applications are accepted no earlier than one year in advance of the proposed event. Permit applications must be accompanied by a $50 non-refundable Application Fee. When a permit is requested for the exercise of First Amendment rights, including freedom of assembly, speech, religion, and the press, the superintendent will issue the permit without any requirement for fees, cost recovery, bonding, or insurance.
    (e) Permit Terms and Conditions
    • Additional use and monitoring fees may be charged in accordance with established policy and procedure.
    (f) The following is a compilation of those activities and/or public uses for which a permit from the superintendent is required:
    • §1.5(d) Relating to Public Use Limits:
      • To implement a public use limit, the Superintendent may establish a permit, registration, or reservation system. Permits shall be issued in accordance with the criteria and procedures of 36 CFR 1.6.
      • The use of horses requires a permit, see section 2.16.
    • §1.5 Filming:
      • 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.
      • (a)(2) 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 without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.
      • Areas closed to the public during the entire calendar year will not be considered for permitting.
      • 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:
        • Engaging in a filming activity without providing advance notice to the Superintendent when required.
        • Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.
        • 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.
    • §2.2(d) Transporting lawfully taken wildlife across the park.
    • §2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
    • §2.12 Audio Disturbances:
      • (a)(2) Operating a chain saw 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.
    • §2.37 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) Demonstrations by more than 25 people
    • §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising by more than 25 people
    • §2.62 Memorialization:
      • (a) Erection of monuments (Requires approval from the Director)
      • (b) Scattering ashes from human cremation
    • §3.3 Boating
    • §5.1 Advertisements - (Display, posting or distribution).
    • §5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations).
    • §5.5 Commercial Photography:
      • Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
      • Areas closed to the public during the entire calendar year will not be considered for permitting.
    • §5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.
    Applications for permits for the above-listed activities may be obtained by calling Fort Necessity National Battlefield at 724-329-5800.
  3. 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 for campfires within the park in the following areas:
  • FONE
    • Dead and down wood may be collected for personal use in the park by park visitors as campfire fuel in the Picnic Area only.
    • There is no collection of firewood at Braddock’s Grave Site or Jumonville Glen.
  • FRHI
    • The collection of firewood by park visitors is prohibited.
(a)(5) Walking on, climbing, entering, ascending, descending, or traversing an archaeological or cultural resource, monument, or statue is prohibited.
  • FONE
    • Climbing or walking on the earthworks surrounding the Fort is prohibited.
    • Braddock’s Grave Site: Climbing on the Braddock Grave memorial is prohibited.
    • Jumonville Glen: Climbing, ascending, descending, traversing or rappelling off of the rock bluffs is prohibited.
  • FRHI
    • Cistern or Gazebo
(b) Restricted hiking or pedestrian traffic is listed in Section 1.5 of this document. (c)(1), (c)(2) The following fruits, nuts and berries 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:
  • Fruits: 1 gallon per person/group per day.
  • Berries: 1 gallon per person/group per day.
  • Nuts: 1 pound per person/group per day.
  • Mushrooms: ½ pound per person/group per day.

This restriction is established to allow for collection of fruits, nuts, berries, and mushrooms by hand and for personal consumption in the quantities outlined above, which will not adversely affect park resources, and is the minimum restriction necessary to achieve such protection.

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 game that must be retrieved from the parks is allowable only after prior notification is made and approval granted by the Superintendent or a law enforcement ranger. Approval will only be granted if there is no other method or route to transport the wildlife. Hunters are prohibited from retrieving game unless accompanied by a park staff member and may not be in possession of a weapon while being escorted through park property.
  • Transportation of lawfully taken game is prohibited within the boundaries of the park unless prior notification has been received and approval given by the Superintendent. Approval will be given only if there is no other method or route to transport the wildlife without entering the park. Information must be given as to the circumstances of why it is necessary to enter the park, and a park staff member must be present during the transportation.
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
  • All areas of the parks are closed to the viewing of wildlife with an artificial light, including those areas within the parks along township roads and state highway routes.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

18 U.S.C. § 930 prohibits the possession of firearms in “federal facilities”, which are defined as “buildings or parts thereof owned or leased by the federal government, where federal employees are regularly present for the purpose of performing their official duties.” These places are marked with signs at public entrances. (d) The superintendent may issue a permit to carry or possess a weapon, trap or net under the following circumstances:
(1) When necessary to support research activities
(3) For employees, agents or cooperating officials in the performance of their official duties.
(e) Authorized Federal, State, and local law enforcement officers may carry firearms in the performance of their official duties.
(h) Notwithstanding any other provision in 36 CFR §2.4, a person may possess, carry, and transport concealed, loaded, and operable firearms within the park in accordance with the laws of the state of Pennsylvania, except as otherwise prohibited by applicable Federal law. The role of the responsible gun owner is to know and obey the federal, state, and local laws appropriate to the park they are visiting.

Weapons cannot be used in the park except by authorized federal, state, or local law enforcement officers in the performance of their official duties. Additionally, historic weapons may be used by appropriate staff member and/or volunteer individuals or groups who are invited and sponsored by the park to participate in official and regulated historic weapons living history programs.Traps and nets may only be carried, possessed, or used by appropriate staff members and/or authorized researchers while conducting natural resources studies and require a permit from the Superintendent.

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:
  • FONE
    • Camping is allowed at the Picnic Area only and requires a permit from the Superintendent. Camping is by tent only; no trailers or other recreational vehicles are allowed.
  • FRHI
    • Camping is prohibited.
  • Living History encampments are allowed in areas designated by the Superintendent other than those listed above, in support of interpretive programs or special events. A permit is required by the Superintendent.
(d) Conditions for the storage of food are in effect, as noted, for the following areas:
  • Food must be stored at designated camping areas to adequately protect it from wildlife.

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:
  • Wood fires are permitted only in park-provided grills or fire pits within designated picnic areas or group camp sites.
Receptacles Allowed:
  • Other than park-provided grills or fire pits, fires may be maintained in portable gas or charcoal grills brought to the parks by visitors. See “Established Conditions” below.
Established Conditions for Fires:
  • Portable gas or charcoal grills must be located on or adjacent to park-provided picnic tables in designated picnic areas.
  • Constructing a rock-ring or lighting a fire in a rock-ring is prohibited.
  • Fires used in conjunction with approved historic demonstrations may be permitted.
  • Fires may be lit by park employees or other approved officials in support of resource management activities as outlined by the approved park Fire Management Plan.
  • No fire (gas, charcoal, or wood) may be left unattended.
  • Only dead and down firewood collected from within the Fort Necessity National Battlefield or Friendship Hill National Historic Site may be used.
(b) Fires must be extinguished according to the following conditions:
  • Charcoal and wood fires must be extinguished with water immediately after their use, and any cold ashes or other extinguished materials placed in proper trash receptacles (not provided by the park, see “Sanitation and Refuse” below.

36 CFR §2.14 – SANITATION and REFUSE


(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited.
  • FONE and FRHI are “trash free” parks.
  • Visitors are responsible for their own trash management, collection, and removal from the parks. Disposal of refuse in park restrooms, comfort stations, restroom vaults or port-a-johns is prohibited.

36 CFR §2.15 – PETS


(a)(1) The following structures and/or areas are closed to the possession of pets:
  • Pets are not allowed in any public building or office except for service animals.
  • Pets are permitted in all other areas of the parks, provided they are equipped with collars, identification and vaccination tags, and under control on a leash.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
  • Pet excrement shall be removed from picnic areas, trails, and all areas of frequent public use by the pet owner.
(e) Pets may be kept by park residents under the following conditions:
  • Pets are not allowed in single family government quarters or leased housing except by written permission from the Superintendent.
  • Pets are prohibited from government multi-occupancy or dormitory quarters.

36 CFR §2.16 – HORSES and PACK ANIMALS


(b) The use of horses or pack animals outside of trails, routes or areas designated for their use is prohibited:
  • There are no trails, routes or areas designated for horses and pack animals. Horses and pack animals are prohibited in the parks, except by Special Use Permit.

36 CFR §2.19 – WINTER ACTIVITIES


(a) Skiing, snowshoeing, ice skating, sledding, inner tubing, tobogganing, and similar winter sports are prohibited on park roads and in parking areas open to motor vehicle traffic, except under the conditions below:
  • FONE: On the picnic loop road, on park trails or roads seasonally closed to motor vehicle traffic, and on other park roads only at designated trail crossings.
  • FRHI: On park trails closed to motor vehicle traffic, and on park roads only at designated trail crossings.

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 which includes the use of ENDS (Electronic Nicotine Delivery System) or similar vaping devices as noted:
  • All park buildings
  • Within 25 feet of any entrance or exit primarily accessed by the visiting public.
  • Within 25 feet of any entrance or exit not generally accessed by the public, where smoking would result in smoke traveling through doorways, windows, air ducts or other openings.
  • Within any type of government-owned or leased vehicle, including heavy equipment, watercraft or aircraft.

36 CFR §2.23 – RECREATION FEES


(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

Fee Areas:
  • FONE & FRHI: An Interpretive Fee of up to $2.00 per person is charged during certain Special Events and Living History Programs, as allowed for in 16 U.S.C. 1a-2(g)

36 CFR §2.35 – ALCOHOLIC BEVERAGES

(a)(3)(i) The consumption of alcoholic beverages, and/or the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed is prohibited in the following public use areas:
  • All government buildings are closed to the consumption of alcoholic beverages, with the exception of buildings occupied as government quarters.
  • The possession and/or consumption of alcohol is prohibited within the Fort Necessity National Battlefield Great Meadows, Braddock’s Grave unit and Jumonville Glen unit; and Friendship Hill National Historic Site.
  • These conditions are established in order to prevent inappropriate activities related to these specific locations and because such activity is inappropriate considering the other uses of these areas. These closures are necessary to protect the historic significance of the visitor experience in these areas.

36 CFR §2.38 – EXPLOSIVES


(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit. (b) Using, or possessing fireworks and firecrackers is prohibited, except pursuant to the terms and conditions of a permit.

36 CFR §2.51 – DEMONSTRATIONS

(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 the activity.

(b)(1) Demonstrations involving 25 persons or fewer may be held without a permit in designated park areas, provided that the requirements in §2.51(b) are met. The 25-person maximum for the small group permit exception may be reduced pursuant to §2.51(b)(3).

(c)(2) The following locations are designated as available for demonstrations:
  • FONE
    • South side of Visitor Center parking lot, at retaining wall
  • FRHI
    • Parking area, southeast side of circle, west of Picnic Ar

36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER


(b) The sale or distribution of printed matter by more than 25 people is allowed within park areas designated as available under § 2.51(c)(2) (see above) when the superintendent has issued a permit for the activity.

(b)(1) The sale or distribution activity provided that it is not solely commercial advertising by 25 persons or fewer may be conducted without a permit within designated park areas, provided that the requirements in §2.52(b) are met. The 25-person maximum for the small group permit exception may be reduced pursuant to §2.52(b)(3).

The following locations are designated under §2.51(c)(2) as available for the sale or distribution of printed matter:
  • FONE and FRHI
    • In direct proximity of the designated First Amendment Areas.

36 CFR §2.61 – RESIDING ON FEDERAL LANDS


(a) Residing in park areas, other than on privately owned lands, is prohibited except pursuant to the terms and conditions of a permit lease or contract.

36 CFR §4.21 – SPEED LIMITS


(b) The following speed limits are established for the routes/roads indicated:
  • FONE
    • The speed limit on all roadways designated for vehicle travel is 15 miles per hour.
  • FRHI
    • The speed limit on the Gallatin House knoll road is 10 miles per hour.
    • The speed limit on all other roadways designated for vehicle travel is 20 miles per hour.
  • These speed limits have been designated because a determination has been made that greater speeds are unreasonable, unsafe, inconsistent with the purposes for which the parks were established, and due to road characteristics and multi- use of vehicles and pedestrian travel.

36 CFR §4.30 – BICYCLES


(a) Bicycles are open to use on established park roads and parking areas open to motor vehicle traffic. Bicycle use is prohibited on all trails in the parks.(b) 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).

E-bikes are allowed in Fort Necessity National Battlefield and Friendship Hill National Historic Site where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited.

Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. 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 Fort Necessity National Battlefield and Friendship Hill National Historic Site is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.

36 CFR §5.3 – BUSINESS OPERATIONS


Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.

Last updated: March 6, 2022

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724 329-2501

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