Pursuant to 36 CFR Section 1.5, the National Park Service is imposing a temporary closure to the Turkey Run Park as part of the pavement improvements to the parking lots and road of Turkey Run Park. The dates of the closure are April 3, 2023, until further notice. It is expected that construction will be complete by September 30, 2023. Unauthorized entry or activity is prohibited in this area while it is closed.
The project will improve the driving experience and safety while retaining the beauty of the park. Given the safety and security protections necessary in the closed areas for such construction and associated activities, less restrictive measures will not suffice. The closures will not adversely affect the park’s natural, aesthetic, or cultural values. The closures do not require significant modification to the resource management objectives and are not of a highly controversial nature since this is similar to closures that have occurred in the past.
Nothing in this order is intended to prevent the National Park Service, its employees, volunteers, partners, contractors, subcontractors, or designees from access and fulfilling their administrative duties and responsibilities.
Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 C.F.R. § 1.5(c). This closure is consistent with hundreds of earlier partial and temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiff’s emergency motion for injunction pending appeal denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curiam); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. United States, No. 94-1935 (D.D.C. September 9, 1994); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. January 26, 1988); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), aff'd in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995).
This order is effective on April 3, 2023 and will remain in effect until further notice. Pursuant to 36 CFR Section 1.7, notice of this temporary closure will be made through media advisories, fencing and posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR Section (1.5), this determination is available to the public upon request.
Approval: Charles Cuvelier, Superintendent
Date: March 24, 2023
