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 Washington Carver National Monument
5646 Carver Road
Diamond, MO 64840
417-325-4151 phone
417-325-4231 fax
Approved: 06/27/2023 James R. Heaney, Superintendent
INTRODUCTION
Superintendents 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, 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
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.
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.
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?
Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
Penalties for Not Adhering to the Compendium Requirements
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
Comments on the Compendium
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time. Written comments on the Compendium may be submitted to:
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period up to one year.
Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
Availability
Copies of the Compendium are available at 5646 Carver Rd, Diamond, Missouri.
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 Washington Carver 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:
The Visitor Center (including the cooperation association gift shop), picnic area, roads, and parking areas are open for public visitation daily from 9 a.m. – 5 p.m.
The Carver Trail (including the 1881 Moses Carver House) is open for public visitation daily from 9 a.m. – 4:30 p.m.
The park is closed on New Year’s Day, Thanksgiving Day, and Christmas Day.
The park Superintendent may temporarily close visitor use areas due to an emergency, construction, or safety/health hazards.
The park Superintendent may occasionally close the park, to include all visitor services activities and administrative offices, due to emergency, safety/health hazards, inclement weather, authorized Federal holidays, etc.
Closures:
Segways and motorized scooters, as defined under 36 C.F.R. § 1.4, are motor vehicles. Pursuant to 36 C.F.R. § 1.5(a), 4.10(a) the Park has imposed an interim restriction on the use of Segways and motorized scooters from all areas within the park. However, any park visitor with a mobility disability is permitted to use Segways and motorized scooters throughout the park when such devices are used for the sole purpose of mobility assistance.
All maintenance and administrative areas are closed to public use. Restrictions apply to the park’s Museum Collection Storage, mechanical rooms, equipment rooms, storage rooms and closets, offices, roof space, cooperating association gift shop storage area, and water well buildings.
The park is closed to swimming, fishing, wading, ice-skating, use of remote-controlled toys, kite-flying, camping, and similar recreational activities.
The Carver Trail is closed to recreational and sporting activities that potentially detract from the historic setting of the park, result in conflict among visitor use activities, or threaten natural or cultural resources. Prohibited activities include but are not limited to the following: jogging/running, bicycling, racing, skating (including in-line skating), skateboarding, ball playing, kite flying, model airplane flying, throwing objects through the air (Frisbee, football, etc.), and sunbathing.
Pedestrians are prohibited from entering flower or ground cover beds and pedestrian traffic is restricted to the established walkways near such flower or ground cover beds. Leaving the trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut to an adjacent area is prohibited.
The Carver Family Cemetery is closed to picnicking.
The attachment of any items on any trees or park structures is prohibited.
Climbing or traversing the park’s cultural resources is restricted. This includes cemetery grave markers and rock wall, statues, plaques, busts, wayside exhibits, granite memorial stones, fences, Williams Pond springhouse foundation, and similar historic structures.
Eating, drinking or possession of food and beverages is prohibited within the Visitor Center and 1881 Moses Carver House, with the following exceptions:
Groups will be allowed to eat their lunches in the Multi-Purpose Room during inclement weather (any situation that would make it unpleasant to be outdoors; i.e., rain, snow, cold, high heat, and other adverse conditions). Designations in Special Use Permits.
Park-sponsored events and gatherings such as Volunteer-In-Park recognition, employee meetings and special holiday-type get together activities and other like events that have been approved by the Superintendent to serve food.
Storm shelter residents will be allowed to eat and drink foods they bring with them. As this is to be a temporary shelter, the amount of food consumption should be limited and no food preparation will be allowed. Alcoholic beverages are not permitted.
Visitors should set their personal cell phones to vibrate and not conduct conversations when viewing films in the park’s theater or participating in ranger-led programs/presentations. Cell phone conversations should be kept at a volume that does not impact other visitors’ enjoyment of the park or park operations in general.
These restrictions are necessary for the maintenance of public safety, the protection of scenic values, and the protection of natural and cultural resources. Less restrictive measures will not suffice because of the potential threat to irreplaceable cultural resources. These measures protect park resources and processes from physical disturbance, damage, and/or removal at times when park staff is either limited or absent. These restrictions help prevent accidents that could result in serious personal injury and/or property damage.
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.
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.
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 this action may also result in the suspension and revocation of the permit by the Superintendent.
Determination: Filming activities that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to park areas.
COVID-19
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 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.
In order to protect the health and safety of NPS employees, volunteers, partners, contractors, and park visitors during the pandemic, it is the policy of the Administration to halt the spread of coronavirus by relying on the best available data and science-based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC).
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Picnicking: Picnicking is allowed only in designated picnic areas unless otherwise authorized by the Superintendent. Picnic areas are designated by the presence of park-provided picnic tables. Picnic tables are available for public use on a first-come, first-served basis. Picnickers must clean up after their use and ensure there is no littering of park grounds. Picnicking is prohibited within the walls of the Carver Family Cemetery, as well as inside the structure or on the porch of the 1881 Moses Carver House.
The restrictions upon picnicking are necessary for the protection of scenic values, the protection of cultural and natural resources, the implementation of management responsibilities, the equitable allocation and use of facilities, and to avoid a conflict among visitor use activities. Less restrictive measures will not suffice because of the potential threat to irreplaceable cultural resources and physical site limitations. This restriction is not of a nature, magnitude and duration that will result in a significant alteration in the public use pattern because picnickers are provided with designated areas to picnic.
First Amendment Rights Area for Public Assemblies, Meetings, and Sale/Distribution of Printed Matter: A Special Use Permit must be obtained from the Office of the Superintendent for groups larger than 25 people. The authorized First Amendment activities area consists of the area from inside the front entrance gate, north to the starting edge of the woodlands zone, west to the starting edge of the parking lot entrance, and south to the starting edge of all prairie zones. This area includes all of the old administration/housing area of the park, but stops at the starting edge of all prairie zones. The picnic area is included in the designated First Amendment activities area.
The “developed” zone area has been determined the most appropriate area for First Amendment Rights activities. This area will accommodate large and small groups, is visible, but still allows the park to retain its responsibility to protect the park resources and to prevent conflicts among park visitors.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
First Amendment Rights Area
The following areas of the park are closed to First Amendment Rights activities:
All cultural zone areas (this area includes the visitor center and trail)
All prairie zone areas
All woodland zone areas
All persimmon grove areas
The above mentioned zones are closed to First Amendment Rights activities for the maintenance of public safety, the protection of scenic values, and the protection of natural and cultural resources. George Washington Carver National Monument was established to preserve in public ownership historically significant properties associated with the life of George Washington Carver, and offers a place of learning and inspiration. The cultural, archaeological, historical, and natural resources within the park’s boundaries are to be preserved for the enjoyment of the park visitor within that preservation context.
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.
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 Washington Carver National Monument 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 Washington Carver National Monument will conflict with, or impact, a variety of park uses including visitor experience and enjoyment.
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:
§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)
This authority does not extend to Federal facilities within the park (18 U.S.C. 930(a)). Federal facilities include:
-Visitor Center
-Maintenance Building
§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)
§2.38 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
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views The First Amendment Rights area is designated on a map as a "developed" zone (see Appendix A). The map is also available by contacting the Office of the Superintendent.
A Special Use Permit must be obtained from the Office of the Superintendent for groups larger than 25 people.
The authorized First Amendment activities area consists of from inside the front entrance gate, north to the starting edge of the woodlands zone, west to the starting edge of the parking lot entrance, and south to the starting edge of all Prairie Zones. This area includes all of the old administration/housing area of the park but stops at the starting edge of all Prairie Zones.
The picnic area is included in the designated First Amendment activities area.
The following areas of the park are closed to First Amendment Rights (see Appendix A):
All Cultural Zone Areas (this area includes the visitor center and trail)
All Prairie Zone Areas
All Woodland Zone Areas
All Persimmon Grove Areas
Small Group permit exception
Demonstrations involving 25 persons or less do not require a permit unless:
The event presents a clear and present danger to public health and safety
The event takes place outside a designated area
Structures, stages, platforms, sound systems are used
The event unreasonably interferes with other permitted demonstrations and special events, or park program activities
Determination: The “developed” zone area has been determined the most appropriate area for First Amendment Rights activities. This area will accommodate large and small groups, is visible, but still allows the park to retain its responsibility to protect the park resources and to prevent conflicts among park visitors. The above-mentioned closed zones are closed to First Amendment Rights activities for the maintenance of public safety, the protection of scenic values, and the protection of natural and cultural resources. George Washington Carver National Monument was established to preserve in public ownership historically significant properties associated with the life of George Washington Carver, and offers a place of learning and inspiration. The cultural, archaeological, historical, and natural resources within the park’s boundaries are to be preserved for the enjoyment of the park visitor within that preservation context.
§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising The area designated for the sale and distribution of printed matter is designated on a map as a "developed" zone (see Appendix A). The map is also available by contacting the Office of the Superintendent.
A Special Use Permit must be obtained from the Office of the Superintendent for groups larger than 25 people.
The authorized First Amendment activities area consists of from inside the front entrance gate, north to the starting edge of the woodlands zone, west to the starting edge of the parking lot entrance, and south to the starting edge of all Prairie Zones. This area includes all of the old administration/housing area of the park but stops at the starting edge of all Prairie Zones.
The picnic area is included in the designated First Amendment activities area.
The following areas of the park are closed to First Amendment Rights (see Appendix A):
All Cultural Zone Areas (this area includes the visitor center and trail)
All Prairie Zone Areas
All Woodland Zone Areas
All Persimmon Grove Areas
Small Group permit exception
Distribution of printed matter and the free distribution of other message bearing items without asking for or demanding payment or donation must take place in designated areas provided a permit has been issued by the superintendent. Groups of 25 persons or less do not require a permit provided the small group permit exception conditions are met. (See Demonstrations §2.51.)
Determination: The “developed” zone area has been determined the most appropriate area for First Amendment Rights activities. This area will accommodate large and small groups, is visible, but still allows the park to retain its responsibility to protect the park resources and to prevent conflicts among park visitors. The above-mentioned closed zones are closed to First Amendment Rights activities for the maintenance of public safety, the protection of scenic values, and the protection of natural and cultural resources. George Washington Carver National Monument was established to preserve in public ownership historically significant properties associated with the life of George Washington Carver, and offers a place of learning and inspiration. The cultural, archaeological, historical, and natural resources within the park’s boundaries are to be preserved for the enjoyment of the park visitor within that preservation context.
§2.62 Memorialization:
(a) Erection of monuments (Requires approval from Regional Director)
(b) Scattering ashes from human cremation
§3.3 Use of a vessel
§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 Filming, Still Photography and Audio Recording
Commercial Filming means the film, electronic, magnetic, digital, or other recording of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to, feature film, videography, television broadcast, or documentary, or other similar projects. Commercial filming activities may include the advertisement of a product or service, or the use of actors, models, sets, or props.
(a) All commercial filming requires a permit.(
b) Still photography activities are subject to the provisions of 43 CFR Part 5, subpart A. A permit is not required for still photography unless:
The activity takes place at locations where or when members of the public are generally not allowed; or
The activity uses model(s), set(s), or prop(s); or· The park would incur additional administrative costs to provide management and/or oversight.
(c) Audio recording does not require a permit unless:
The activity takes place at locations where or when members of the public are generally not allowed; or
The equipment used requires mechanical transport; or
The equipment requires an external power source other than a battery pack; or
The park would incur additional administrative costs to provide management and/oversight.
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 always be carried, except for small tripods used to hold cameras.
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.
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 this action may also result in the suspension and revocation of the permit by the Superintendent.
Determination: Filming activities that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to park areas.
§5.6(c) Use of commercial vehicles on park area roads (the superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)
§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
(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document.
(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:
One (1) half-gallon per person per day for nuts and berries
One (1) bushel per person per day for black walnuts
Edible mushrooms are limited to eight per person per day
The commercial use of gathered items is prohibited. The use of bush rakes or other harvesting devices is prohibited. Students may be given permission by park officials to collect leaves for science assignments.
Disturbing or damaging the park’s natural or cultural resources in any way to obtain fruits, nuts, berries, or leaves is prohibited (including fence climbing, climbing trees, breaking branches, pulling down vines, or other similar activities). Visitors may not collect any plants, or parts thereof, which are listed on a Federal or State list of rare, threatened or endangered species. Historically, visitors have enjoyed collecting berries and nuts for personal consumption, and leaves for science assignments. These native natural resources are renewable and in abundant supply. The collecting of plant fruits and leaves is not of a nature, magnitude, and duration that will result in a significant alteration in the public use pattern because these are a sustainable and renewable natural resource. Their removal in the quantities specified does not constitute impairment to park resources and values and will not adversely affect the park’s natural, aesthetic or cultural values. It does not require significant modification to the park’s resource management objectives.
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 wildlife may be transported through the park in accordance with Missouri State Wildlife Code, 3 CSR 10-4.135.
Any carcass must be properly tagged
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
The entire park.
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:
Picnic areas are designated by the presence of park provided picnic tables.
Receptacles Allowed:
Portable gas grills brought to the park by an individual. No charcoal grills, ground fires or other fires are permitted in picnic areas.
Established Conditions for Fires:
If the Superintendent determines high or extreme fire conditions exist, the park may be closed to all fires.
(b) Fires must be extinguished according to the following conditions:
All fires must be extinguished (source of duel and heat removed) and cool to the touch before leaving the area.
No fire shall be left unattended.
36 CFR §2.15 – PETS
a)(1) The following structures and/or areas are closed to the possession of pets:
Properly restrained pets are permitted in all areas of the park with the exception of public buildings, unless specifically authorized by the Superintendent. Service animals are permitted in all buildings as necessary. Pets are permitted on park grounds and trails,but must be on a leash and under the immediate control of the pet’s owner at all times. Leash shall not exceed six feet in length.
(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:
Pets may be left unattended if they are secured in a location where they will not become a nuisance, interfere with wildlife, impede normal travel by visitors or cause other resource damage. Pets may not be left unattended overnight, nor when weather or other conditions could endanger the pet’s health.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
Pet excrement must be immediately collected by the pet owner and removed from the site or deposited in an appropriate waste container.
36 CFR §2.16 – HORSES and PACK ANIMALS
(b) The use of horses or pack animals is allowed on the following trails, routes or areas:
Horses and pack animals are not permitted on any roads or trails within the park.
(g) Other conditions concerning the use of horses or pack animals:
Park living history programs and costumed interpretation programs may use horses and/or pack animals in conjunction with presentations/demonstrations provided that all safety and NPS guidelines have been met.
36 CFR §2.21 – SMOKING
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
Inside all park structures and interior spaces.
Within 25 feet of air intake ducts and building ventilation systems.
Within 10 feet of entrances to park structures and interior spaces.
Within any Government vehicle and within 25 feet of any Government vehicle while fueling.
Within 25 feet of the park maintenance area above ground fuel tanks or portable fuel tanks.
36 CFR §2.22 – PROPERTY
(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions:
Property may not be left unattended longer than 24 hours unless the Superintendent gives specific permission.
To ensure the security of park visitors, employees, and resources, no item(s) may be left unattended in the Visitor Center.
Geocaching, Letterboxing, like GPS activities, or the placement of a physical cache on park property are prohibited. Geocaching is defined as the placement of a concealed cache within the park boundaries and then disseminating the coordinates/location, or clues to the coordinates/location, for the purpose of enticing third parties to search for the cache at a later date.
Earth and virtual caches are described as interesting and educational locations that can be visited to learn about unique aspects and history of that location and do not involve the placement of a physical cache. Earth and virtual caching are allowed under the following conditions:
-Items or personal property are not left on park property
-The activity involved has no impact(s) to vegetation, wildlife, cultural and historical sites
-The activity involved has no ground disturbance (digging) or moving of rocks
-The activity does not impact the enjoyment of other park visitors
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:
Any park owned building or vehicle
1881 Historic Moses Carver House
Carver Cemetery
The Superintendent has determined that the consumption of an alcoholic beverage or the possession of an open container of an alcoholic beverage would be inappropriate considering the historic nature and cultural significance and sensitivity associated with these specific sites. In addition, it has been determined that these closures are necessary for the public safety, and to avoid conflicts in visitor use of the historic site.
36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES
(a) Park roads, open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document (attached hereto):
Park roads open for the travel by motor vehicle to the public are indicated in the George Washington Carver Unigrid Brochure.
36 CFR §4.21 – SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
The speed limit on all roadways within the park’s boundaries is 15 miles per hour unless otherwise authorized by the Superintendent and posted. There is less than two miles of roadway located within the park and all roadways are connected to public access.
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.
(b) Electric Bicycles
E-bikes are allowed in George Washington Carver National Monument 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 exclusively to move an e-bike for an extended period of time without pedaling is prohibited.
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.).
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 Washington Carver National Monument 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.
The following routes, in developed areas or special use zones, have been designated for bicycle use:
The paved park road
The paved parking area
Appendix A: Designated First Amendment Rights Areas
Designated First Amendment Rights Areas
NPS
Appendix A: Designated First Amemdment Rights Areas
