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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
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 there use or activity consistent with the NPS Organic Act and NPS policy?
Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
Will the use or activity conflict with or be incompatible with traditional park uses and activities?
Will the use or activity compromise employee or public safety?
5. Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
7. Penalties for Not Adhering to the Compendium Requirements
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
8. Comments on the Compendium
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
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 478 River Road, Newcastle, ME. It may also be found at nps.gov/FRPE.
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 Frances Perkins National Monument. 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 to all public use or to a certain use or activity:
Visiting Hours:
All park areas, not otherwise closed to public use, will be open to the public according to a schedule of visiting hours which vary seasonally, as follows:
The federal grounds are open from sunrise to sunset every day.
The visitor contact station is generally open mid-June to mid-September and current hours are posted on the Park website.
Restroom facility is open concurrently with visitor contact station.
All buildings, including restroom facility, are closed for the park’s off-season, mid-September to mid-June.
Determination: The above visiting hours are based upon a determination that such hours are necessary for the maintenance of public health and safety, the protection of natural and cultural resources, and the implementation of management responsibilities.
Public Use Limits:
Any or all areas may be closed to public use or a special use permit may be cancelled at the discretion of the Superintendent or his/her designee when an emergency or potentially hazardous condition exists.
The Park, or portions of the Park, may be closed at any time for emergency, public health, or security reasons to protect the welfare of staff, visitors, and Park resources.
The maximum Park capacity shall not exceed 1,200 visitors at any one time.
Facility maximum capacity or number of people that can be accommodated/occupy the building/area at any given time:
Contact Station – 65
Brick House – TBD .
Determination: The historic building interiors have small room sizes and hallways and allowing more people in the building would threaten public safety, the historic and cultural resources of the Park, and the orderly management of the Park .
Barn – 350 .
Determination: Fire code and the limited number of parking spaces (on partner land assignment) limit the group size for these areas.
Tour Size:
Tours of the Brick House are limited to 10 people including children who must be accompanied by an adult.
Determination: The historic building interiors have small room sizes and hallways and allowing more people in the building would threaten public safety, safe egress, and the historic and cultural resources of the Park.
Park grounds are closed to picnicking.
Determination: This activity is limited as it would conflict with other visitors due to the limited space and topography of the site.
Park grounds are closed to recreational or organized sporting activities
Determination: Due to the limited size of the site organized sporting activities would interfere with other visitors and impact the cultural and natural resources.
The following areas of the Park are administrative and are closed to all public use:
Staff office areas
Brick House basement
Any area assigned to Collections and/or the cataloguing of Collections
Park grounds are closed to all motorized vehicles. This includes mopeds, scooters, Segways, and e-bikes operating under power of a motor. Visitors with disabilities are authorized to use motorized wheelchairs or Other Power-Driven Mobility Devices (OPDMDs) on Park paths and trails, and in public buildings when feasible.
Determination: Due to the limited size of the site, and the nature of the topography make the use of these items dangerous to both the user and other visitors in addition to impacting the natural landscape.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
The driveway to the south of the house is for administrative use only.
Determination: The “old driveway” is more of a two-lane track over grass and is not suitable for public use.
36 CFR 1.5(a)(2) – Designated areas, conditions or restrictions on a use or activity:
Closures:
Launching, landing, or operating an uncrewed or remotely piloted aircraft from or on lands and waters administered by the National Park Service within the boundaries of Frances Perkins National Monument is prohibited except as approved in writing by the superintendent.
Definition: The term “uncrewed aircraft” means a device used for flight in the air without direct human input from being onboard the aircraft. 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: This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Reference Manual #60: Aviation Management, Chapter 12 – Uncrewed Aircraft Systems. .
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. These requirements 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 related administrative 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 the System 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.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
Special uses and activities are managed through the Special Use Permit process.
Each application will be handled individually. In the instance that two separate applicants are requesting use of the same area on the same day, they will be handled on a “first come, first served” basis. Activities requiring a permit are listed below under the specific 36 CFR Section that authorizes or requires the issuance of a permit.
Special Use Permits may be obtained by accessing an application by contacting the Special Use Permit Coordinator at FRPE_Superintendent@nps.gov.
Determination: The permit process allows NPS to protect park resources and guarantees groups a priority for a space when multiple groups or individual demonstrators want to use a designated first amendment area in a park.
(f) The following is a compilation of those activities for which a permit from the superintendent is required:
Pursuant with 36 CFR:
§1.5(a)(2) and 54 U.S.C. 100905 Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park for more information).
§2.1 Preservation of natural, cultural and archeological resources
§2.4(d) Carry or possess a weapon, trap, or net
§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)(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) Special Events: 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
§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
§2.60(b) Livestock use
§2.62 Memorialization:
(b) Scattering ashes from human cremation
§4.11(a) Exceeding of established vehicle load, weight and size limits
§5.1 Advertisements - (Display, posting or distribution.)
§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations).
§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc
III. General Regulations
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Using or possessing wood gathered from within the park area is prohibited.
Determination: This restriction is necessary to prevent damage to existing trees and shrubs.
(a)(5) Climbing on gates, fences, structures, stone walls, vegetation including trees and garden plantings is prohibited.
Touching the furnishings collections objects in the Brick Homestead is prohibited. Touching anything behind a rope line is prohibited.
Determination: This restriction is necessary to prevent damage to these items in the site.
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
The law governing possession of firearms inside a national park changed on February 22, 2010. Visitors may possess firearms within a national park unit provided they comply with federal, state, and local laws. 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. For more information about Maine gunlaws, please visit their website: Concealed Carry in Maine | Maine State Police
Please remember that federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances.
36 CFR §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.
Determination: Research Permits would be required. Reach out to the park for more information.
36 CFR §2.10 – CAMPING AND FOOD STORAGE
Camping, to include vehicle camping, is not permitted.
Determination: The limited size of the site, lack of infrastructure and its intended purpose do not allow for camping activity.
36 CFR §2.12 – AUDIO DISTURBANCES
(a)(4) Operating a public address system is prohibited, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.
Determination: Permits are required to ensure that the activity will not conflict with other visitors.
36 CFR 2.13 – FIRES
(a)(1) The lighting or maintaining of fires (wood, charcoal or gas) is prohibited.
Determination: The limited size of the site and lack of infrastructure and residential nature of the area do not allow for the use of fire or accompanying recreational activities such as picnicking.
36 CFR §2.15 – PETS
Leashed pets are limited to connector path from parking lot to trail.
Pets are prohibited on park grounds and within the buildings except for service animals.
Determination: The limited size of the site and its intended purpose do not allow for pets.
Note: Emotional support, therapy, comfort or companion animals are not considered service animals. Although the presence of these animals provides a calming effect for many people, they do not qualify as service animals because they have not been trained to perform a specific job or task. Therefore, an emotional support animal is considered a pet under NPS policy.
36 CFR §2.21 – SMOKING
(a) The following areas, structures or facilities are closed to smoking and includes vaping or e-cigarettes:
All National Park Service buildings, office or storage buildings
Areas within 25’ of buildings
Government-owned or leased motor vehicles
Fuel and flammable storage areas
Determination: 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.
36 CFR §2.35 – ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES
(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to 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:
All public buildings, facilities and outdoor areas.
Determination: Alcohol and controlled substances would put all visitors at risk. Visits to the site are also short term in nature (less than 2 hours) so could also impact the community at large.
36 CFR §2.37 – NONCOMMERCIAL SOLICITING
Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52.
36 CFR §2.50 – SPECIAL EVENTS
Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the superintendent.
A complete application for a Special Use Permit (SUP) must be submitted a minimum of 14 calendar days in advance of the proposed activity. Proposed large events or activities that have the potential to adversely affect the human environment, including park operations, will require a longer review period.
Determination: This minimum timeline will allow the park and applicant to communicate in a timely manner ahead of the event. Larger events may require more time for review.
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. See 2.50 for permit application information.
(c)(2) The following locations are designated as available for small First Amendment activities (25 individuals or less) that do not require a Special Use Permit
• See red square in figure above for First Amendment Right activities
Determination: First amendment activities involving 25 people or less 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 other visitors, or create a clear or present danger to park visitors.
36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER
(b) The sale or distribution of printed matter by more than 25 persons is allowed within park areas designated as available under §2.51(c)(2) (see above) when the superintendent has issued a permit.
36 CFR §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 National Park Service Director is prohibited.
36 CFR §4.30 – BICYCLES
• (a) The use of a bicycle is prohibited
Determination: The limited open space of the site is incompatible with bicycles.
