Superintendent’s Compendium

GERO Compendium 2019
National Park Service U.S. Department of the Interior
Superintendent’s Compendium Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

George Rogers Clark National Historical Park
401 S 2nd St Vincennes,
IN 47591
812-882-1776 phone [phone] fax

Sept. 30, 2019 Frank Doughman, Superintendent

A. INTRODUCTION
1. Superintendent’s Compendium Described
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.

The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.

Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park. A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.

This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.

A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: www.gpo.gov
OR

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

The CFR is also available on the Internet at: www.ecfr.gov.

2. Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”

In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.

In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”

In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, 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.

Written comments on the Compendium may be submitted to:
Superintendent
George Rogers Clark National Historical Park
401 S 2nd St.
Vincennes, IN 47591

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 Park Visitor Center located at 401 S 2nd St. Vincennes, IN. It may also be found at NPS.Gov/GERO.

B. SUPERINTENDENT’S COMPENDIUM
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of George Rogers Clark National Historical Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.

Closures: The superintendent has closed pedestrian access to the North side of the Lincoln Memorial Bridge Approach and sections of the south side. The approach includes the stone work on the Indiana side of the bridge. This closure is necessary for the protection of visitors and staff.

The granite elements are held in place with iron pins that have corroded over the 80 years since its construction. This deterioration shows on the face of many stones as rust stains. The decline of these anchors have allowed some of the stones to shift from their original position. The condition of the anchors and underlying support structure are unknown, in an effort to insure safety, the area is being closed. The park is pursuing long term repair and restoration of the area.

The Bridge Approach is a historic landmark and all work shall be performed in accordance with Secretary of Interior Standards for Treatment of Historic Properties. The Bridge Approach, Clark Memorial, and the historic landscape are listed in the National Register of Historic Places.

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 times listed are Eastern):

• Visitor Center, Daily 9 am till 5 pm. May be closed federal holidays from Oct. to April.
• Clark Memorial, Closes 15 minutes prior to Visitor Center closing.
• Parking lot closes at 5 pm.

Closures:

• Recreational activities and games of softball, football, soccer, volleyball, picnicking, sunbathing, kite flying etc. may be conducted in the open field to the south of the Clark Memorial and are discouraged on the mall area in front of the memorial. The memorial and Mall area are a tribute to the brave men who fought on this battlefield, it is to be treated with dignity and observation as a battlefield. These activities are allowed south of the monument, near the parking area.
• Standing, walking or running on the river wall or memorial terrace wall is not permitted. Such activity would pose a safety hazard. Children will be discouraged from sitting on the river wall.
• Climbing on bridge understructure is prohibited. Again a safety hazard.
• During periods of snow or ice accumulation the park will make every effort to insure sidewalks and stairs are safe for visitors and employees. Limited staff and equipment will require a focused approach to this effort. Therefore during ice and snow events the following walkways will not be cleared and will be considered closed: the floodwall area and its steps and walkways leading to and from; the bridge approach and its steps and walkways will be closed except for one path on both sides of the road leading to and from the bridge span. Any sidewalk, stairs, parking area, or other maintained area which has not had snow or ice removed will be considered closed until such time as it is made safe.

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

The following restrictions and/or conditions are in effect for the specific uses or activities noted:
Passenger Carrying Buses:

• Engines must be shut down when not underway. The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park. Due to the nature of the service provided by the shuttle busses, they are excluded from the requirement.

Unmanned Aircraft

• Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of George Rogers Clark National Historical Park is prohibited except as approved in writing by the Superintendent. Definition: Unmanned Aircraft (UA) - The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce. The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within George Rogers Clark NHP will conflict with, or impact, a variety of park uses including visitor experience and the respectful atmosphere created by the memorial and mall.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
(f) The following is a compilation of those activities for which a permit from the superintendent is required:
§2.12 Audio Disturbances:

• (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine on sidewalks or within the cultural landscape.
• (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51

§2.17 Aircraft & Air Delivery:

• (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means
• (c)(1) Removal of a downed aircraft

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

• (a) Use, possess, store, transport explosives, blasting agents
• (b) Use or possess fireworks

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

• Weddings will be allowed on park grounds when they do not interfere with visitor experience. Weddings in front of the Memorial or on the steps are only permitted after normal operating hours.

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views

• The designated park area for demonstrations, 1st Amendment activities, and/or the sale or distribution of printed matter (36 CFR § 2.52) is Patrick Henry Square. These activities will not be allowed in and around the Clark Memorial due to the disturbance of the Historical landscape and the atmosphere and visitor experience expected there.

§2.60(b) Livestock use

• No livestock is allowed on park grounds due to the Historic Landscape and the damage that may be caused.

§2.61(a) Residing on federal lands §2.62 Memorialization:

• (a) Erection of monuments (Requires approval from Regional Director)
• (b) Scattering ashes from human cremation

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

§5.7 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)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:

• Climbing on statues, flood wall, memorial parapet or other historic features is prohibited.

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

• Sweet gum seed pods
• Redbud seed pods
• Walnuts
• Pine cones
• Bald Cyprus seed pods
• Acorns

Due to potential safety concerns, visitors may not climb trees or use ladders to collect fruits, nuts or berries.

36 CFR §2.11 – PICNICKING
Certain areas have been closed to picnicking and are listed in section 1.5(a)(1) “Closures”.

• Picnic tables are provided under the trees south of the parking lot and picnickers are encouraged to use this area. The table in the courtyard (near visitor center basement) may also be used. The grove of trees or the open field to the rear of the Clark Memorial and Patrick Henry Square may also be used for picnicking. Picnicking is not prohibited in other areas of the park, but is not encouraged as this would distract from the historic cultural activities associated with the memorial structure. One exception is the 4th of July when a liberal park-wide picnicking policy exists.

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:

• Ground fires and the use of stoves, barbecue grills or kerosene lanterns are prohibited. The park’s approved historic cultural landscape plan would be compromised by allowing fires.
• Open fires are permitted by park volunteers during approved living history demonstrations.

36 CFR §2.15 – PETS
(a)(1) The following structures and/or areas are closed to the possession of pets:

• Visitor center
• Memorial Rotunda

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

• All excrement must be removed from the ground. Bag distribution sites are available near the bulletin board at the front of the Old Cathedral and at the bulletin board near the parking area.

36 CFR §2.19 – WINTER ACTIVITIES

• Skiing, snowshoeing, ice skating and similar winter sports are not permitted on the Clark Memorial, visitor center arcade or any steps. The dangers to visitors attempting to visit these buildings negates such active winter activities.

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES

• Bicycles are not permitted on the Clark Memorial, visitor center arcade or any steps. Skateboards, roller blades and similar devices are not permitted in the park. Public safety and damage to the buildings and steps from such activities in the past have caused these prohibitions.

36 CFR §2.21 – SMOKING OR USING VAPOR EMITTING DEVISES
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking or vaping as noted:

• Federal Law prohibits smoking or vaping in all park buildings or within 10 feet of any public entrance.

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:

• The possession or consumption of alcoholic beverages in the visitor center or Clark Memorial is prohibited.
• Presence in the park when under the influence of alcohol or a controlled substance to the extent that may endanger oneself or another person, or damage property or park resources, is prohibited.

36 CFR §2.38 – EXPLOSIVES

• Fireworks and firecrackers are not allowed in the park.

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:

• George Rogers Clark NHP has no areas in which a permit would not be required. The cultural landscape and historic site provide few opportunities for such activities and must be controlled.

36 CFR §4.30 – BICYCLES
(a) Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document.

The following additional routes, in developed areas or special use zones, have been designated for bicycle use:

• The levee trail, located below the floodwall and adjacent to the river may be utilized by bicycle. This trail links to the city levee road and to Kimmel Park located about 1.5 miles north of the Memorial.

(F) allows superintendents to limit or restrict or impose conditions on bicycle use. . .

• The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).
• E-bikes are allowed in George Rogers Clark NHP 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 George Rogers Clark NHP 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.