Superintendent's Compendium

 

Signed Superintendent's Compendium page.

NPS

 

Introduction

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 theallowed 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: http://www.ecfr.gov

Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) Section 100101A to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the functional purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment for future generations” (16 U.S.C. Section 1). In addition, 54 USC §10075 allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service.”

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, 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, then 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 National Park Service Director’s Order 12 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 the 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.

For purposes of this Compendium, both present and future NPS fee-owned lands along the Ice Age National Scenic Trail, are heretofore referred to as “NPS Lands.” Currently, this includes the NPS Lands located at 8075 Old Sauk Pass Road and (Dane County Tax Parcel #020-0707-134-9925-0) on Timber Lane in Cross Plains, Wisconsin totaling 161-acres, and the 73-acre Mueller Lake parcel located in Langlade County, south of Hwy 64 between Hanke Road and Bolen Road (exact boundary is marked with NPS signage).

Other portions of the approximately 1,200-mile-long Ice Age National Scenic Trail fall under a variety of federal, state, county, and local government ownerships, as well as private lands. Visitors are responsible for following all applicable federal, state, and local public use restrictions on these portions of the Ice Age National Scenic Trail.

Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers enforce the requirements of the United States 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.

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
Ice Age National Scenic Trail
8075 Old Sauk Pass Road
Cross Plains, WI 53528

Effective Date of the Superintendent’s 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.

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 8075 Old Sauk Pass Road, Cross Plains, WI 53528 (please call ahead to ensure office is staffed). It may also be found at http://www.nps.gov/iatr

Superindendent'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 USC §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Ice Age National Scenic Trail (as defined above). 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.

36 CFR §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:
  • NPS Lands Day Use Only (30 minutes prior to sunrise, 30 minutes after sunset)
  • Headquarters Administrative Offices Business Hours 8:00 AM-4:30 PM (Closed on holidays)
• Public Use Limits
  • Overnight parking on NPS Lands is prohibited.
• Closures:
  • The Barn is closed to public use.
    • Determination: The Barn is undergoing renovations and is unsafe for public use at this time.
  • Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Ice Age National Scenic Trail NPS Lands is prohibited except as approved in writing by the Superintendent.
    • Determination: This closure is necessary to maintain public health and safety and to protect park resources and values until the NPS can determine whether specific uses of unmanned aircraft on lands and waters administered by the NPS are appropriate and will not cause unacceptable impacts on park resources and values.
      These closures by the superintendent implement Section 1.5 of NPS Management Policies 2006, which provides that a new form of park use may be allowed within a park only after a determination has been made in the professional judgement of the superintendent that it will not result in unacceptable impacts on park resources and values. This compendium closure is a necessary, interim measure until the NPS considers how to address this new use on a long-term basis. Allowing the use of unmanned aircraft before the park has properly evaluated whether this use is appropriate could result in unacceptable impacts to park resources, park values, and visitor safety.
  • Hunting is prohibited.
    • Determination: As per the Ice Age Complex at Cross Plains General Management Plan (2013), NPS Lands are closed to all forms of hunting.
  • Bicycles, including e-bikes, are prohibited on NPS Lands. The use of a bicycle, including e-bikes, is permitted on park roads and in parking areas that are otherwise open for motor vehicle use by the general public.
    • Determination: As per 36 CFR § 4.30(a).
  • Recreational Camping is prohibited except in designated Dispersed Camping Areas (DCA’s).
    • Determination: This closure is necessary to maintain public health and safety and to protect park resources and values until the NPS can determine whether recreational camping on NPS Lands is appropriate and will not cause unacceptable impacts on park resources and values.
    • These closures by the superintendent implement Section 1.5 of NPS Management Policies 2006, which provides that a new form of park use may be allowed within a park only after a determination has been made in the professional judgement of the superintendent that it will not result in unacceptable impacts on park resources and values. This compendium closure is a necessary, interim measure until the NPS considers how to address this new use on a long-term basis. Allowing recreational camping before the park has properly evaluated whether this use is appropriate could result in unacceptable impacts to park resources, park values, and visitor safety. Currently, the only approved DCA is on the Mueller Lake parcel.
  • Use of Horses and Pack Animals is prohibited.
    • Determination: As per 36 CFR § 2.16 (g)

36 CFR §1.6(f) – ACTIVITIES THAT REQUIRE A PERMIT

The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.

• Launching or landing uncrewed aircraft. 36 CFR 1.5.
• Specimen collection for research purposes. 36 CFR 2.5.
• Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6.
• Camping in day use areas. 36 CFR 2.6.
• Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12.
• Operating a public address system. 36 CFR 2.12.
• Delivery or retrieval of a person or object by parachute, helicopter or other airborne means. 36 CFR 2.17.
• Soliciting or demanding gifts, money, goods or services. 36 CFR 2.37.
• Using, possessing, storing, or transporting explosives; using or possessing fireworks or firecrackers. 36 CFR 2.38.
• Conducting a special event. 36 CFR 2.50.
• Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51.
• Selling or distributing printed matter and other message-bearing items by groups of more than 25 people. 36 CFR 2.52.
• Running-at-large, herding, driving across, allowing on, pasturing, or grazing of livestock or using the park for agriculture. 36 CFR 2.60.
• Residing on federal lands. 36 CFR 2.61.
• Scattering of human ashes from cremation. 36 CFR 2.62.
• Towing a person using a parasail, hang-glider, or other airborne device. 36 CFR 3.12.
• Operating a submersible. 36 CFR 5.3.
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1.
• Engaging in or soliciting any business. 36 CFR 5.5.
• Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park for more information). 54 U.S.C. 100905.
• Using commercial vehicles on NPS-administered roads. 36 CFR 5.6.
• Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7.
• Rights-of-way. 36 CFR part 14.
• Examining ruins, excavating archaeological sites, and gathering objects of antiquity. 43 CFR part 3.
• Excavating or removing archaeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.

GENERAL REGULATIONS

• 36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
  • (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:
  • Visitors may collect by hand edible fruit, berries, and nuts for personal use or consumption, limited to one quart per person per day of each fruit, berry, or nut, except from plants that are contained in the Federal or State of Wisconsin lists of rare, threatened, or endangered species of plants
  • Mushrooms are the fruiting bodies of fungi, and may be collected under the following conditions:
    • Edible species only
    • May only be the fruiting bodies above ground level
    • Are limited to 1 pound per person per day for all fungal species combined
    • It is prohibited to collect fungal fruiting bodies from trees that are standing, including dead standing trees, or where fruiting bodies are underground.
    • Determination: The gathering or consumption of a limited amount of berries and edible fungi has been determined to not adversely affect park wildlife, the reproductive potential of the plant species or otherwise adversely affect park resources.
• 36 CFR §2.2 – WILDLIFE PROTECTION
  • (e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
    • All NPS Lands
• 36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
  • (a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:
    • Firearms are only authorized in accordance with applicable Federal and State law.
    • Firearms are prohibited in facilities owned or leased by the federal government where federal employees are regularly present for performing their duties
    • Possession and use of traps and nets is prohibited, except as allowed by permit for scientific research in §2.4(d)
  • Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.
• 36 CFR 2.11 – PICNICKING
  • Picnicking is restricted to designated areas only
• 36 CFR 2.13 – FIRES
  • 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:
    • Fires (including wood and charcoal) are prohibited on NPS Lands, except in receptacles provided by the NPS
  • The following restrictions are in effect for the use of stoves or lanterns:
    • Use of portable gas grills in designated picnic areas is permitted.
  • Determination: As per 36 CFR § 2.13 (a)(1) and § 2.13 (a)(2)
• 36 CFR §2.15 – PETS
  • (a)(1) The following structures and/or areas are closed to the possession of pets:
    • Administrative offices at park headquarters, with the exception of service animals
    • Interior of all buildings on NPS Lands, with the exception of service animals
  • (a)(2) Pets must be restrained on a leash that does not exceed six feet in length at the following locations:
    • All areas not closed to the possession of pets
  • (a)(5) Pet excrement must be disposed of in accordance with the following conditions:
    • Pet excrement must be bagged immediately
    • Bagged pet excrement must remain in personal control of the owner at all times while on federal lands. Excrement bags may not be left unattended to be picked up later
    • No refuse receptacles are provided for disposal of pet excrement. All pet excrement must be removed from the property by the owner for proper off-site disposal
• 36 CFR §2.21 – SMOKING
  • The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
    • No smoking within the Headquarters Administrative Offices, or outdoors in front of air intake ducts (per Presidential Executive Order 13058)
    • No smoking within any buildings or structures on NPS Lands, or outdoors in front of air intake ducts (per Presidential Executive Order 13058)
    • Smoking may be temporarily prohibited on NPS Lands as needed during periods of high wildfire danger, as posted
    • Determining Factors: Smoking prohibition within offices and structures is necessary for the health and safety of staff and visitors, and reduce the risk of structural fires. Temporarily posted smoking prohibitions on NPS Lands are necessary to protect park resources and reduce the risk of wildland fire.
• 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:
    • None
• 36 CFR §2.23 – RECREATION FEES
  • (b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, or for participation in the following group activity, recreation events or specialized event uses:
    • There is no entrance fee for NPS Lands
    • Event fees: Charged for weddings and ash spreading ceremonies among others
• 36 CFR §4.30 – BICYCLES
  • Park roads and parking areas that are closed to bicycle use are listed in section 1 of this document.
  • Electric Bicycles
    • E-bikes are allowed in Ice Age National Scenic Trail property at Cross Plains, WI and Ice Age Scientific Reserve Units 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 Ice Age National Scenic Trail and Ice Age National Scientific Reserve 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 additional routes, in developed areas or special use zones, have been designated for bicycle use:
  • None

Designated First Amendment Location

 

Map of the National Park Service property in Cross Plains showing the location of the park's First Amendment Area south of the barn.

NPS