May 9, 2025
36 CFR 1.5 (a)(1) - General Closures – All public and employee facilities in Lower Town will be closed on Monday, May 12, 2025, due to scheduled repairs to the Corporation of Harpers Ferry’s municipal water system. This closure may extend into Tuesday, May 12, 2025, depending on the nature of repairs needed. These closures are necessary for the protection of public health and safety. The water line repairs require all potable and gray water be shut off to Lower Town facilities for the duration of the repair work. Visitors and park staff will not have access to public water in any form (e.g., restrooms, potable tap water, water for emergency services) in Lower Town for the duration of the service disruption. Public facilities at the Cavalier Heights Visitor Center will be unaffected by the municipal service disruption and will remain open. Landscapes, trails, and other outdoor amenities will also remain open and accessible to the public. Given the temporary nature of this closure, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 C.F.R. § 1.5(b). This 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). Pursuant to 36 C.F.R. § 1.7, notice of temporary closures will be posted throughout Lower Town and on all public restroom facilities and posted on the park’s website and social media accounts. Pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request. /s/ Tanya M. Gossett Superintendent Harpers Ferry National Historical Park |
Last updated: May 9, 2025