Superintendent’s Compendium Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority
Approved by: Ahna Wilson, Superintendent
136 Fall Street Seneca Falls, NY 13148
315.568.0024 phone 315.568.2141 fax
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. This authority, however, is limited by 36 CFR 1.5(b), which requires actions that are highly controversial, or that are otherwise significant according to the criteria in 36 CFR 1.5(b), to be published as rulemaking in the Federal Register.
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 with 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 furtherre affirms, 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 visitors and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor uses 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. 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?
4. Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present in the areas described in 36 CFR 1.2(a), including 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.
5. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
6. 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. 1865), 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.
7. 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
Harriet Tubman National Historical Park
136 Fall Street
Seneca Falls, NY 13148
8. 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.
9. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
10. Availability
Copies of the Compendium are available at 47 Parker Street Auburn, NY 13021. It may also be found at www.nps.gov/HART.
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 Harriet Tubman 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.
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 Harriet Tubman National Historical Park Visitor Contact Station and Thompson Memorial A.M.E. Zion Church open hours vary according to season. Please check the hours of operations information on the park website www.nps.gov/hart and park social media pages.
- Park landscapes are open dawn to dusk.
- Park Administration offices are located at 136 Fall Street. Seneca Falls, NY 13148 and are open from 9:00 am – 4:00 pm Monday through Friday, year-round. Offices are closed during all federal holidays.
- Park information is available at the park’s website at https://www.nps.gov/hart.
- All buildings are closed on Thanksgiving, Christmas, and New Year’s Day.
- Visiting hours are determined for the best interests of the park and necessary for the proper management of the park.
Public Use Limits:
Pursuant to §1.5(d) to implement a public use limit, the Superintendent may establish a permit, registration, or reservations system:
- The Thompson Memorial A.M.E. Zion Church occupancy is limited to 49 persons at any time.
- The Visitor Contact Station-Parsonage occupancy is 17 persons at any time.
Limits are established for the safety of visitors, protection of resources and are the minimum restrictions necessary to achieve such protection.
Closures:
- Administrative Offices and Maintenance spaces are closed to the public.
- All construction sites are closed to the public.
- All and/or portions of the park may be closed to the public when it is necessary to protect the public from unsafe conditions or to protect park resources from irreversible damage. Signs will be posted to announce such temporary closures.
- Park hours of operation may be adjusted at the discretion of the Superintendent for various reasons including but not limited to staffing limits, operational needs and requirements, visitor and employee safety, and special events and/or permits.
- Extended hours will only occur with approval from the Superintendent.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
All areas of the park, not otherwise closed to public use, will be open to public use with the following limits:
- Any or all areas may be closed to public use or a permit issued may be canceled at the discretion of the Superintendent or designee when an emergency or potentially hazardous condition exists.
- All school groups consisting of 12 or more students who are under the age of eighteen shall be accompanied by a minimum of one chaperone for every 12 students during the group’s visit.
- Chaperones must be a minimum of eighteen years of age. Students found without their chaperon may be required to leave the park.
- Disorderly persons or groups consisting of disorderly persons may be removed from the park and prevented from returning to the park on the day they are removed.
- It is prohibited to sit, stand upon, or climb any railing, fence, ledge, wall, tree, statue, museum exhibit or refuse receptacle.
- Climbing over, under, or around railings, gates, doors, stanchions and lines, barricades, or other physical barriers used to control public access is prohibited.
- Touching designated furnishings or objects is prohibited.
- It is prohibited to consume food or drink inside any historic structure.
All areas designated for parking government vehicles may only be used for that purpose except that government employees in the performance of their duties may be allowed to temporarily park private vehicles in those areas to facilitate park operation.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
Pursuant to 36 CFR § 1.5(a)(2), the Superintendent may impose conditions on a use or activity to ensure visitor safety, protect park resources, maintain operational effectiveness, and implement management responsibilities. The following conditions apply to specified uses or activities within Harriet Tubman National Historical Park:
§1.5(d) The following activities related to Public Use Limits:
Filming, Still Photography, and Audio Recording
- 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 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.
Uncrewed Aircraft Systems (UAS):
• 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 Harriet Tubman National Historical Park is prohibited except as approved in writing by the superintendent.
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.
Climbing Trees
• Climbing in or on trees is prohibited.
Determination: Climbing stresses and damages park trees which are an essential part of the cultural landscape.
Engine Idling
• Drivers of commercial passenger-carrying diesel-fueled motor vehicles are prohibited from idling engines in parking lots of developed areas for periods longer than five minutes.
Determination: The noise and fumes caused by these engines severely impacts the natural experiences sought by many visitors.
Geocaching
• Activities such as geocaching that involve hiding and/or hunting physical containers are prohibited except for containers placed by park personnel for educational purposes.
Determination: Allows for the management of potential adverse environmental impacts.
Parking Limits
- No public parking is available within Harriet Tubman National Historical Park. Public parking for the purpose of visiting park facilities or using park resources or for individuals conducting business with the park is limited to street parking and are subject to parking laws and regulations of the City of Auburn. Visitors are encouraged to take public transportation. Bus loading/unloading is restricted to drop-off and pick up zones that are indicated by the appropriate signage. Idling is prohibited in all areas except during the loading and unloading of passengers.
Determination: These public access determinations are established to ensure the safety and security of neighboring properties, park visitors, staff, and resources and are necessary for the proper management of the park.
Other Recreational Activities
- Badminton and volleyball nets, or any object anchored with stakes is prohibited.
- Organized sports are prohibited.
- Sunbathing is prohibited.
Determination: Recreational activities near buildings detract from the historic setting of the park and pose a risk to visitor safety and damage to natural resources.
CCTV Policy Statement
In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice ishereby given that Harriet Tubman National Historical Park Television (CCTV) security camera monitoring.
The park’s use of Closed-Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.).This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or
officer-worn recording devices used by commissioned rangers. (RM-9, 26.1)
Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be inaccordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4). No person will be targeted or monitored merely because of race, religion, gender, sex, disability,national origin, or political affiliation or views. (RM-9, 26.4.2)
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
Special uses and activities are managed through the Special Use Permit process. When applying for a permit, the applicant must specify what area of the park they would like to use for the intended special use. 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.
(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)
§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
§2.52(c) Sale or distribution of printer matter that is not solely commercial advertising
§2.62 Memorialization:
- (a) Erection of monuments (Requires approval from Regional Director)
§5.1 Advertisements - (Display, posting or distribution.)
- Including posters, flyers, banners, digital screens, or signage promoting goods, services, or events.
- Must be part of an authorized activity and compatible with park values and visual character
§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).
- Business activity must meet NPS commercial use authorization or concessions requirements and be explicitly authorized.
§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.
- Note: This activity is not compatible with the urban park environment but remains subject to regulation.
III. GENERAL REGULATIONS
36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL
RESOURCES
Pursuant to 36 CFR § 2.1(a)(1), (2), (5), and (6), the following conditions apply on NPS-owned property within Harriet Tubman National Historical Park, including but not limited to the Thompson Memorial A.M.E. Zion Church and Parsonage.
(a) Except as otherwise provided in this chapter, the following is prohibited:
(a)(1) – Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
The following are prohibited:
- Removing, cutting, damaging, or collecting any plant materials, flowers, tree limbs, or other vegetation on NPS-owned property.
- Possessing or collecting any part of a living or dead animal, including feathers, nests, or remains.
(a)(5) – Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the superintendent.
The following are prohibited:
- Walking on, climbing, or sitting on stone ledges, railings, or foundation elements of the Thompson Memorial A.M.E. Zion Church and Parsonage, unless specifically designed for public use.
- Using interpretive panels, retaining walls, or fencing as seating, climbing structures, or for physical support.
- Digging, placing stakes, or inserting any object into the ground in the Thompson Memorial A.M.E. Zion Church and Parsonage landscape is prohibited.
- Accessing exposed structural or archeological features during maintenance or construction without authorization.
(a)(6) – Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources.
The following are prohibited:
Damaging, removing, or tampering with exhibit panels, interpretive signs, furnishings, railings, fixtures, or building components of the Thompson Memorial A.M.E. Zion Church and Parsonage.
- Affixing stickers, tape, posters, adhesives, or signage to any building, fence, panel, or NPS structure.
- Leaning items against buildings or fencing without permit approval.
Determination: These conditions are necessary to prevent the degradation and defacement of historic and cultural resources located on NPS-owned property within Harriet Tubman National Historical Park. The park is in a dense urban environment with high pedestrian traffic, which increases the risk of incidental damage, vandalism, and unauthorized ground disturbance. The Thompson Memorial A.M.E. Zion Church contain 19th-century architectural elements that are not designed for physical contact, climbing, or modern structural loads. The Thompson Memorial A.M.E. Zion Church, while not historically landscaped, is managed park space where ground disturbance or the introduction of non-native species may cause environmental or infrastructural harm. These restrictions are consistent with federal preservation standards and NPS resource protection policies.
36 CFR §2.2 - WILDLIFE PROTECTION
Pursuant to 36 CFR § 1.5(a)(1) and 36 CFR § 2.2(a)(1), (a)(2), (b), and (c), the following regulations are in effect on National Park Service-owned properties within the boundaries of Harriet Tubman National Historical Park:
(a)(2) – The feeding, touching, teasing, frightening, or intentional disturbing of wildlife nesting, breeding, or other activities is prohibited.
The following specific actions are prohibited on NPS-owned property within the park:
- Feeding or attempting to feed urban wildlife, including but not limited to squirrels, rabbits, domesticated and feral cats, and pigeons.
- Disturbing active nests or nesting sites located in trees, gardens, building eaves, signage, or architectural ledges, especially during breeding season.
Determination: Harriet Tubman National Historical Park is in a densely developed suburban area where rabbits, squirrels, domestic and feral cats, and pigeons are frequently observed on and around NPS-owned property, including the Visitor Contact Station. Suburban wildlife may become habituated to human presence and food, leading to nuisance behavior, dependency, aggression, and public health risks. These restrictions are necessary to protect wildlife, ensure visitor safety, and maintain compliance with National Park Service urban wildlife management standards
36 CFR §2.10 – CAMPING
Camping is defined as erecting a tent or shelter of natural or synthetic material, preparing a sleeping bag or other material for use, parking a motor vehicle, motorhome, or trailer, or mooring a vessel for the apparent purpose of overnight occupancy.
(a) The superintendent may require permits, designate sites or areas, and establish conditions for camping.
- No camping is permitted in Harriet Tubman National Historical Park.
Determination:
Camping is prohibited due to the park’s small footprint and historic character, and because such activities would detract from the historic setting and visitor experience and interfere with park operations.
36 CFR §2.11 – PICNICKING
The following areas are open to picnicking:
- Allowed at the picnic tables behind the Thompson Memorial A.M.E. Zion Church and Parsonage. See 36 CFR § 2.11 for more information on picnicking regulations.
- Groups of 25 people or more require a permit to picnic on park grounds
Determination: Large groups require more oversight to avoid adverse impacts to park resources and operations.
36 CFR 2.13 – FIRES
(a)(1) The lighting or maintaining of fires is prohibited:
- Fires are prohibited in all areas of the park 36 CFR § 2.13(c)
- Lighting and maintaining any type of fire, including but not limited to cigarettes, candles, lanterns, grills, and stoves, is prohibited within any park building unless authorized by the Superintendent. 36 CFR § 2.13(a)(1)
Determination: This action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, and the implementation of management responsibilities. Materials other than approved combustibles –especially fire accelerants and substances prone to wind transport or explosion – create serious risks when used to light or maintain fires. These combustibles can ignite or spread wildfires that directly threaten people
and valuable resources and assets. The burning of manufactured or synthetic materials can contribute to air pollution, contaminate soil and water, and be toxic to humans and the environment. Less restrictive measures, such as an education campaign, would not be commensurate with the substantial risks associated with those activities and could lead to adverse outcomes that might be prevented by establishing an enforceable condition.
36 CFR §2.14 – SANITATION and REFUSE
(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is not allowed.
36 CFR §2.15 – PETS
(a)(1) The following structures and/or areas are closed to the possession of pets:
(a)(1) All park buildings are closed to pets, except:
- (1) The provisions of this section shall not apply to service animals (of any species) which have been trained to assist impaired or handicapped persons, or, to dogs used by authorized federal, state, and local law enforcement officers in performance of their official duties.
- (2) Pets must be restrained on a leash which shall not exceed six feet in length, or otherwise physically confined at all times.
(a)(2) Leaving a pet unattended and/or tied to an object is prohibited.
(a)(3) The following pet excrement disposal conditions are established:
- This restriction does not apply to service animals accompanying persons with disabilities as defined by 28 CFR 36.104.
- Persons having custody of any animal(s) will immediately remove and dispose of excrement voided by an animal(s) under their control. Excrement will be properly disposed of in outdoor trash containers or removed from park property. 36 CFR §2.15(a)(5)
Determination: Proper disposal of pet waste eliminates water quality, health, and aesthetic problems.
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
- The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are prohibited.
Determination: Restrictions are intended to protect the health and safety of visitors
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:
Determination: It is NPS policy that public use and administrative facilities be smoke-free. The restrictions are intended to protect park resources, reduce the risk of fire, and prevent conflicts among visitor use activities.
36 CFR §2.22 – PROPERTY
Pursuant to 36 CFR § 1.5(a)(1) and § 2.22, the following conditions apply to all National Park Service-owned properties within the boundaries of Harriet Tubman National Historical Park, including the Thompson Memorial A.M.E. Zion Church and Parsonage:
The following are prohibited:
- Abandoning property, including but not limited to luggage, carts, clothing, bedding, bicycles, art supplies, or electronic devices.
- Leaving property unattended for longer than 24 hours is considered abandoned.
Determination: This determination is necessary to protect park resources, ensure visitor safety, and prevent interference with operations and public access within this densely used urban park. Abandoning property within Harriet Tubman National Historical Park, including within the Thompson Memorial A.M.E. Zion Church, interferes with the visitor experience, obstructs pathways and ADA routes, and can obscure important viewsheds of the historic cultural landscape. Abandoned or unattended items such as bedding, clothing, cameras, or art supplies may pose safety or security concerns. The use of park electrical outlets for charging personal items is prohibited due to the absence of designated charging stations. The park enforces a "no abandoned property" policy across all NPS-owned areas.
36 CFR §2.35 – ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES
36 CFR § 2.35 – Alcoholic Beverages and Controlled Substances Pursuant to 36 CFR §1.5(a)(1) and § 2.35, the following regulations apply on all National Park Service (NPS)-owned property within the boundaries of Harriet Tubman National Historical Park, including the Thompson Memorial A.M.E. Zion Church and Parsonage and other federally managed areas:
(a) Alcoholic Beverages
- The use and possession of alcoholic beverages within park areas is prohibited.
- The Superintendent has closed all NPS-owned property in the park to the consumption of alcoholic beverages and the possession of open alcoholic beverage containers, pursuant to 36 CFR § 2.35(a)(3):
o The consumption of alcoholic beverages or possession of open alcoholic
beverage containers is prohibited.
(b) Control Substances
- Control substances are prohibited within park areas, unless such substance isobtained by valid prescription.
Determination: This determination is necessary to maintain the integrity of public use areas designed for educational, interpretive, and family-friendly experiences. The park’s facilities include the Thompson Memorial A.M.E. Zion Church and Parsonage are frequently used for school visits, formal events, and public interpretation. Alcohol consumption or possession in these spaces creates conflict with these uses, invites the potential for disorderly conduct, and increases the risk of property damage. Given the suburban context of the park and its open environment, the potential for misuse is heightened. Closing all NPS-owned property within the park to alcohol ensures safe, respectful, and inclusive public access.
36 CFR §2.51 – Demonstrations
(b) Demonstrations involving more than 25 persons are allowed within park areas designated as available under paragraph (c)(2) when the superintendent has issued a permit for the activity.
NOTE: Demonstrations involving 25 persons or fewer may be held without a permit in designated park areas, provided they comply with the requirements of 36 CFR §2.51(b). The 25-person maximum for the small-group permit exception may be reduced pursuant to §2.51(b)(3).
(c)(2) Designated Locations
The following location is designated as available for demonstrations. A permit is not required for demonstrations involving 25 persons or fewer, provided the activity does not involve the use of stages, platforms, structures, or sound amplification.
- Thompson Memorial A.M.E. Zion Church and Parsonage
The designated demonstration area is the open lawn area located between the Thompson Memorial A.M.E. Zion Church and the Parsonage, as depicted on the map included in Appendix. Demonstration activities must remain within the boundaries shown on the map and may not impede access to buildings, walkways, or emergency routes.
Determination: The designated location is in a prominent area near the visitor center that allows individuals and groups to conduct demonstrations in a manner that supports effective communication of speech and other protected activities. At the same time, the location leaves ample space for visitors to safely enter and exit the visitor center and allows the National Park Service to conduct administrative and interpretive activities without unreasonable interference.
36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER
The sale or distribution of printed matter by 25 people or less is allowed within the park areas designated as available under §2.51 (see above). The sale or distribution of printed matter by more than 25 persons is allowed within the designated park areas when the superintendent has issued a permit.
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 public assembly area in a park.
36 CFR §2.62 – MEMORIALIZATION
Pursuant to 36 CFR § 1.5(a)(1) and § 2.62, the following regulations apply to all National Park Service (NPS)-owned properties within the boundaries of Harriet Tubman National Historical Park, including the Thompson Memorial A.M.E. Zion Church and Parsonage, and all other federally managed spaces:
(a) Unauthorized Installations
- The installation of any monument, memorial, plaque, bench, tablet, sculpture, or other commemorative object on National Park Service property is strictly prohibited unless explicitly authorized in writing by the Director of the National Page 23 of 26 Park Service. No areas within the park are currently designated for permanent or temporary memorial installations.
(b) Scattering of Ashes
- The scattering of human ashes from cremation is not permitted anywhere within Harriet Tubman National Historical Park, including in outdoor areas such as the Thompson Memorial A.M.E. Zion Church and Parsonage. The park does not have any designated areas for ash scattering, and no permits will be issued for this purpose.
Determination: This determination is necessary due to the suburban, small-footprint, and historically sensitive nature of Harriet Tubman National Historical Park. The park preserves nationally significant structures and public spaces that are not appropriate for scattering of remains or for the installation of private commemorative items. The prohibition ensures the protection of historic resources, maintains the intended purpose of shared public space, and avoids conflicts with interpretive and visitor service operations. In keeping with federal policy and the park's commemorative intent, memorialization activities are not permitted.
