Superintendent's Compendium

 

 

Introduction: What is the Superintendent’s Compendium?

Each national park is comprised of a unique set of resources, stories, partners and neighbors. 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, provides a list of activities or areas requiring either a special use permit or a reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of Keweenaw National Historical Park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code (U.S.C.) and CFR Titles, which are enforced without further elaboration at the park level.

What is 36 CFR?

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.Here are three examples:

1. 36 CFR 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 for actions with major impact on visitor use patterns, park resources, or those that are highly controversial in nature.
2. 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.
3. 36 CFR 2.1(c)(1) Preservation of Natural, Cultural, and Archeological Resources. This 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.

Where can I get a copy of 36 CFR?

A copy of Title 36 CFR is available on the Internet at:http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrv1_05.htmlor through the Cornel Law School Information Institute pagehttps://www.law.cornell.edu/cfr/text/36/chapter-IA copy of Title 36 CFR may be purchased from the U.S. Government Printing Office at:Superintendent of Documents, P.O. Box 371954 Pittsburgh, PA 15250-7954

What Laws and Policies Allow the Superintendent to Develop This Compendium?

The appropriateness of any particular visitor use or recreational experience is based on park resources, and so 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, that Superintendent is then obliged to place limitations on public use.The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 et.seq. (Organic Act of 1916, as amended) to “regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental 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 of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (16 U.S.C. Section 1). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as the Secretary may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (16 U.S.C. Section 3).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 (16 U.S.C. Sections 1a11a8), 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 Systemwide 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.”16 U.S.C. Section 1c defines the National Park System as “any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in 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 this use does not impair specific park resources or overall visitor experience.

How is this Compendium Consistent 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.

How are the Requirements of the Superintendent’s Compendium Developed?

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:

1. Is the use or activity consistent with the NPS Organic Act and NPS policy?
2. Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
3. Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
4. Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
5. Will the use or activity conflict with or be incompatible with traditional park uses and activities?
6. Will the use or activity compromise employee or public safety?

To whom does this Compendium Apply?

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.

Who is Responsible for the Enforcement of Compendium Requirements?

NPS Law Enforcement Park Rangers, through Isle Royale National Park, enforce the requirements of the United States Code, 36 CFR, and this Superintendent’s Compendium as they pertain to NPS owned (fee simple) lands and facilities. Areas within park boundaries, but not in fee simple to the NPS come under the jurisdiction of local, county, and state law enforcement agencies.

What are the 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 Superintendent at the park address found below.

How May I Comment 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, at Keweenaw National Historical Park, 25970 Red Jacket Road Calumet, MI 49913.

What are the Effective Dates of the Superintendent’s Compendium?

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, February 28, 2018, 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.

Where Can I Obtain a Copy of the Compendium?

The text of the compendium follows as the next section of this document. In addition, copies of the Compendium are available at Keweenaw National Historical Park, 25970 Red Jacket Road, Calumet, MI 49913. It may also be found at: http://www.nps.gov/kewe

Keweenaw National Historical Park 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 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Keweenaw 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.

Visiting Hours, Public Use Limits, Closures, and Area Designations for Specific Use or Activities (36 CFR §1.5)

(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:

Park Lands

Park lands are open for legal visitor activities 24 hours per day, year-round.

Park Headquarters

Park Headquarters is open from 9:00 am to 5:00 pm, Monday through Friday year-round except for New Year’s Day, Thanksgiving Day and Christmas Day; Columbus Day, Veterans Day, Memorial Day and all other declared federal holidays. Schedule changes can be found on the park website 36 CFR §2.35

Calumet Visitor Center

The Calumet Visitor Center hours vary seasonally and as staffing permits. Hours can be found on the park website http://www.nps.gov/kewe

Keweenaw History Center

The Keweenaw History Center is open to researchers and scholars by prior appointment. Please call [phone].

Federal Holidays

All park facilities are closed on New Year’s Day, Thanksgiving Day, and Christmas Day; Columbus Day, Veterans Day, Memorial Day and all other declared federal holidays. Any Schedule changes can be found on the park website http://www.nps.gov/kewe

Public Use Limits:

Calumet Visitor Center

The Calumet Visitor Center has the following carrying capacity limits:

1. First Floor Exhibits: 160 Persons
2. Second Floor AV Room: 45 Persons
3. Second Floor Exhibits: 212 Persons
4. Entire Third Floor: 259 Persons
5. Third Floor Lodge Room: table seating for 110 Persons

The Lodge Room on the third floor of the Calumet Visitor Center is available for public use during regular operating hours when NPS staff is available. Use of the Lodge Room for meetings or special events requires a Special Use Permit. Permits may be obtained at Park Headquarters at least 30 days in advance of the event. For a permit, please call [phone] or e-mail us.Meeting and event requests will he considered on an individual basis, and will be allowed at the discretion of the superintendent. Permit holders are responsible for clean-up and removal of refuse following the event. Food and drink is permitted on the 3^rd floor only.

Park Headquarters

Park Headquarters has the following carrying capacity limits:

1. Multipurpose Room: 60 Persons, seated (at 24 tables)
2. Second Floor Conference Room: 50 Persons, seated (at 20 tables)

Quincy Mine Office

The carrying capacity limit for the entire building is 2 persons. The second floor of the building is off limits until fire safety exits are made available.

Closures:

The superintendent may, by posting appropriate signs, define the nature and extent of a restriction or closure for visitor safety or use management purposes.(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

First Amendment Activities and/or Printed Material Distribution Areas:

Groups of 25 or fewer people may engage in First Amendment activities such as demonstrations or the sale of printed matter in designated areas without obtaining a permit. In all cases, harassment of visitors and obstruction of public passageways is prohibited. To guarantee use of a particular area at a particular time, it is recommended that these small groups apply for a permit from the superintendent at least 30 days in advance.

Primary Area for First Amendment Activity

The primary area designated for First Amendment activities or the distribution of printed materials shall be limited to the parking lot and lawn area between the Keweenaw History Center and Highway US-41 (Calumet Avenue). Interference with visitors or staff entering or exiting vehicles is prohibited.

Alternate Areas for First Amendment Activity

Area A: The triangular lawn area adjacent to the Calumet Visitor Center bounded by the south façade of the Union Building, Fourth Street to the east, and Red Jacket Road to the southwest. Interference with visitors or staff entering or exiting vehicles is prohibited.Area B: The lawn area north of the Quincy Mine Office. Interference with visitors, tenants, or staff entering or exiting vehicles is prohibited.

Passenger Carrying Buses:

While bus parking is permitted in the small parking area next to the Calumet Visitor Center, it is strongly suggested that buses offload passengers and park elsewhere. Buses may not idle; engines must be shut down when the bus is not underway to prevent the accumulation of exhaust fumes in the visitor use area.

Activities that require a Permit (36 CFR§1.6)

The following is a list of those activities for which a permit from the superintendent is required:

1. Special events on park lands require a permit. This is related to Public Use Limits, and references 36 CFR §5(d)
2. Operation of a public address system in connection with a public gathering or special event, or any other event for which a permit has been issued. This references 36 CFR §12, related to Audio Disturbances.
3. Soliciting or demanding gifts, money, goods or services pursuant to any event or action for which a permit has been issued. Reference: 36 CFR §2.37.
4. Entertainment, ceremonies (such as weddings), and similar events. Reference 36 CFR §2.50(a).
5. Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views. Exception: Groups of 25 or fewer people may demonstrate or distribute or sell printed matter in designated available First Amendment and/or Printed Material Distribution areas without obtaining a permit. Reference 36 CFR §2.51(a).
6. Sale or distribution of printed matter that is not solely commercial advertising. Reference: 36 CFR §2.52(c).
7. Engaging in or soliciting any business. This requires a permit, contract or written agreement with the United States, or must be pursuant to special regulations. Reference: 36 CFR §2.53§2.53
8. Commercial Photography/Filming requires a permit. Specifically Commercial Filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television; and still photography of vehicles or other articles of commerce or models for the purpose of commercial advertising. Reference: 36 CFR §2.53, including §2.53(a) and §2.53(b).

Use of Weapons, Traps and Nets (36 CFR §2.4)

Weapons, traps or nets may only be carried, possessed or used at times and locations authorized in accordance with state and federal law. Reference 36 CFR §2.4(a)(2)(l).

General Regulations

Pets

All park buildings are closed to dogs, cats and other pets. Service animals, as defined by law, are allowed. Reference 36 CFR §2.15(a)(1).Pet excrement must be immediately collected and disposed of in the nearest trash receptacle. Reference 36 CFR §2.15(a)(5).

Bicycles and EBikes

The use of bicycles and ebikes is permitted on established routes on park-owned lands within the Quincy and Calumet Unit Boundaries. The use of bicycles and ebikes on established routes on non-federal property within the park boundary are governed by prevailing state, county, township or village laws and ordinances, and postings by private land owners. Reference DOI Policy Memorandum 19-1. A bike rack is provided at the Visitor Center in Calumet.

Smoking

Smoking is prohibited in all park buildings. Reference 36 CFR §2.21(a).

Recreation Fees

In accordance with 36 CFR Part 71, Recreation fees, and/or a permit, may be established for park entrance fee areas, and/or for the use of specialized sites, facilities, equipment, or services, or for participation group activities, recreation events, or specialized recreation uses.

1. There are no entrance fee areas at Keweenaw National Historical Park.
2. On-site parking is free.

Alcoholic Beverages and Controlled Substances

Alcoholic beverages are prohibited in all park buildings unless otherwise approved by the NPS Midwest Regional Director for special events. Reference 36 CFR §2.35(a)(3)(i) Public use areas, portions of public use areas, and/or public facilities within the park may be 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.

Compendium Addendum: Wearing of Facial Coverings

The following order is issued by the Superintendent under 36 CFR Subsection 1.5(a)(1), amends the Keweenaw National Historical Park Compendium. This order will remain in effect until modified, revoked or superseded by another order issued by the Superintendent. This requirement will be in effect whenever Houghton and/or Keweenaw County is listed by the CDC Covid Data Tracker as an area of high community transmission. This order will remain in effect until modified, revoked, or superseded by a subsequent order issued by the superintendent.

Do I need to wear a mask indoors?

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.

Do I need to wear a mask outdoors?

At the time of this order, no outdoor locations are included in this order, as social distancing (staying 6 feet apart) is possible in all outdoor park locations.

What type of mask meets the requirements?

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.

Do I need to wear a mask if I am fully vaccinated?

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.