Superintendent's Compendium

 

Superintendent's Signature

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 preserve and protect the natural and cultural resources of the park, manage visitor use, provide for visitor safety, and protect 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 prohibiting 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 unoccupiedseashells 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.

2. 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 1 et.seq. (Organic Act of 1954, 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” (54 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 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” (54 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 (54 U.S.C. Sections 1a1-1a8), 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 1954.

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, 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.”

54 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 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 NPS 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 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 Superintenden thas a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.

3. 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, 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 554 DM 6 and as such, an Environmental Assessment will not be prepared.

4. 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 park or specific park 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 Title 54 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?

5. 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.

6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers and United States Park Police enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.

7. 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 US Park Police or the park address.

8. 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.

9. 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.

10. Availability

Copies of the Compendium are available at:
Kings Mountain National Military Park
2625 Park Road
Blacksburg, SC 29702

It may also be found at https://www.nps.gov/kimo/learn/management/lawsandpolicies.htm

B. Superintendent’s COMPENDIUM

In accordance with applicable law and policy, and pursuant to the delegated authorities provided in Title 36, Code of Federal Regulations, Chapter I (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Kings Mountain National Military Park (NMP). This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.

The compendium actions in this document apply in addition to all other laws that apply to lands and waters administered by the NPS within the boundaries of Kings Mountain NMP. These include:
• Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found at www.ecfr.gov. Click on “Title 36” and then “Chapter 1” to access 36 CFR.
• Statutes codified in U.S. Code, in particular provisions in Titles 16 and 54.

This Compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority to take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print.

NPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this Compendium, those definitions apply. In addition to terms defined in the CFR, the following terms used in this Compendium are defined as follows:

Day Use Area: Any area consisting of or adjacent to paved parking lots, buildings, or toilet facilities that are open to the general public.

Uncrewed Aircraft : A device that is used or intended to be used for flight without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce.

Walkway: Sidewalks, paths, trails, or hard-surfaced areas that are closed to the use of bicycles and motorized vehicles.

I. 136 CFR §1.5 – CLOSURES and PUBLIC USE LIMITS

36 CFR §1.5 (a)(1) – Visiting hours, public use limits, and closures

Visiting Hours:

Kings Mountain NMP visitor center is open Wednesday through Sunday from 9:00 A. M to 5:00 P.M., except for January 1 (New Year’s Day), Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and December 25 (Christmas Day). Visitor center hours may be extended or reduced at the discretion of the Superintendent, and/or upon Executive Order or direction from the Agency.

Public restrooms located at the park visitor center are open from 9:00 A.M. to 5:00 P.M., seven days a week except for January 1 (New Year’s Day), Birthday of Martin Luther King, Jr., Washington’s Birthday, Labor Day, Columbus Day, Thanksgiving Day, and December 25 (Christmas Day).

The park grounds, parking lot, battlefield trail, and amphitheater area are open from 9:00 A.M. to 5:00 P.M., seven days a week.

Trails are open from sunrise to sunset seven days a week.

The hours of sunrise and sunset in the park each day are identified as provided by the National Oceanic and Atmospheric Administration.

Any change in visiting hours will be posted on the park website at www.nps.gov/kimo, park social media outlets, and on the park bulletin board.

The park area contains no developed overnight accommodations, nor does it contain any facilities that are to be used at night. Closing the park overnight and on federal holidays is necessary because the NPS is not staffed to manage visitation during those times. These closures are necessary to ensure visitor safety and to ensure that natural and cultural resources in the park are not damaged by visitors leaving designated paths and trails or entering closed areas.

Closures:

The former wastewater plant and access road are closed to the public at all times.

The closure of the former wastewater plant area provides for the protection of unattended facilities.

The Howser House Area (Howser House, cemetery, barn area, and access road from Rock House Road to Kings Creek) is closed to the public except by special appointment to tour the area, during interpretive programs and events, and as authorized by permit.

Closure of the historic property and resources provides for protection of unattended and isolated resources.

During emergency situations such as ice, snow, any other hazardous condition, or based upon forecasts of such impending weather; park roads, grounds, parking lots, and trails, may be temporarily closed without advance notice.

Closure of park roads during inclement weather prevents accidents and provides for the safety and protection of the public and park resources.

The maintenance compound and residential area are closed to the general public.

The park maintenance and residential area contains equipment and materials that shouldnot be accessible to the public for security and safety reasons. There is no portion of the park historical interpretation program that takes place in this area.

The park headquarters building is a non-public administrative area used for official business. Access to the building is limited to NPS employees, volunteers, contractors and visitors with official business.

There is a critical need to provide for the safety and security of employees and government facilities. Access to the park headquarters building will be maintained through the use of locked doors and an alarm system.

The park is closed to the use of motorized, radio-controlled vehicle models.

Such activities are considered inappropriate in Historical Interpretive Areas and could constitute a danger to safety.

All park trails and fire access roads are closed to bicycles, e-bikes and ATV’s, unless otherwise authorized by the park Superintendent as identified below per conditions listed under CFR 4.30.

The design of foot trails and horse trails are for each respective designed use. Bicycle traffic on foot trails and horse trails poses a serious threat to the intended users. The slopes, narrow sections of the trails, and sharp curves are especially hazardous.

Drivers of commercial passenger carrying motor vehicles (ex. Buses) are prohibited from idling their engines. Engines must be shut down when not underway.

The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park.

36 CFR §1.5 (a)(2) – Designated areas, conditions, or restrictions on a use or activity

Conditions or Restrictions on a Use or Activity:

Certain areas in the park which are of primary historical importance in preserving the battlefield’s historic integrity and in interpreting the historical significance of the battle are designated historical interpretation areas. Ball playing, sunbathing, kite flying, picnicking, frisbee throwing, and similar recreational activities are prohibited in those areas.

Historical interpretation areas include: visitor center grounds (including lawn areas), battlefield area (inside the trail loop or within 50 yards of the Battlefield Trail), and the Howser House area (Howser House, cemetery, barn area, and access road from Rock House Road to Kings Creek.)

Those recreational uses not permitted in historical interpretation areas conflictwith the legislative purpose of the park, detract from the historic scene adversely affecting the park’s aesthetic, scenic and/or cultural values, and would result in unacceptable damage to natural and cultural resources.

Uncrewed Aircraft: Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the NPS within the boundaries of Kings Mountain NMP is prohibited except as approved in writing by the superintendent.

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.

Radio Telemetry Equipment: The open display and/or use of radio telemetry equipment (aka, GPS devices and radio collars), used to track wildlife and hunting dogs, is prohibited in the Park without the written permission of the Chief Ranger or his/her designee (i.e., a commissioned law enforcement ranger), and may only be used to expedite the retrieval of a dog that is believed to be running loose in the park.

Persons seeking permission to display or use radio telemetry equipment in the Park shall, on adaily basis, provide their name, telephone number, and vehicle description as well as a description of the dog(s) being sought, and the area in which the search is to be conducted.

Permission to use this equipment to retrieve a loose dog does not exempt a person from any other regulation or law. Persons with a valid Research Permit are exempted from this requirement.

Radio telemetry is an efficient method of catching a dog that has entered the park. However, radio telemetry can also be used to track wildlife or to facilitate a hunt by tracking dogs in pursuit of wildlife. This restriction is intended to address the specific useof GPS technology as a means of hunting, which is prohibited within the boundaries of the park.

Athletic Events:
Coordinated running events may take place only within the existing road and trail network of the park. Aspecial use permit will be issued for each event upon review and coordination with the sponsoring group.

Coordinated biking events may take place only within existing road network of the park. A special use permit will be issued for each event upon review and coordination with the sponsoring group.

This restriction is necessary to mitigate significant alteration to the public use pattern of park areas, to ensure the safety and wellbeing of visiting public and athletic event attendees, and to protect park resources from damages that could occur due to heavy use from these activities.

Hiking or pedestrian uses in the park are restricted to designated trails and walkway system. Leaving a trail to shortcut between portions of the same trail or to an adjacent trail is prohibited.

"Short cutting" on the trail system causes damage to the cultural, historical, and natural resources of the park.

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 a 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.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

Except as otherwise provided, application for a permit shall be made in writing to the Superintendent at least 21 days in advance of the proposed event.

Special use permit applications can be obtained by writing, calling or picking up in person at the park visitor center during normal operating hours, and they are available on the park website.

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

• 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.
• Use of picnic shelter 36 CFR 2.11
• 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.
• The use and possession of alcoholic beverages within historic interpretation areas, hiking trails, and horse trails. 36CFR 2.35
• 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.
• Providing guided tours. 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.
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1
• Engaging in or soliciting any business. 36 CFR 5.3.
• Using commercial vehicles on NPS-administered roads. 35 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 archeological sites, and gathering of objects of antiquity. 43 CFR part 3.
• Excavating or removing archeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.
• Excavating or removing archeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.

III. 36 CFR §2 – RESOURCE PROTECTION, PUBLIC USE, AND RECREATION

36 CFR § 2.1 Preservation of Natural, Cultural, and Archeological Resources

36 CFR §2.1(a)(4) – Firewood

The possession and/or use of any firewood originating from any location outside of Kings Mountain NMP that is not certified and marked as “heat treated” in accordance with 7 CFR § 301.53-5 and 7 CFR § 301.53-8 is prohibited. Dead wood on the ground is designated for collection for campfire fuel used within the park when camping at the designated Garner Creek campsite.

The park considers firewood to be any wood cut, sold, or intended for use as firewood, including chips, limbs, branches, etc. with or without bark. Kiln dried, finished and cut lumber or lumber scraps from which the bark has been removed during the milling process and like that purchased from a hardware store or discarded at construction sites, is not considered firewood.

The required use of “Certified Heat Treated” firewood bearing a federal or state agency seal prevents the movement of firewood that may carry potentially damaging insects into the park. Firewood in violation of the above will be seized and quarantined by NPS staff upon discovery.

This closure is intended to prevent or slow the introduction of exotic insects or diseases into Kings Mountain NMP. The emerald ash borer (EAB) has already killed tens of millions of trees in those states that have been infested. As a result, the movement of firewood within and from infested areas is regulated by the states and federal government. The USDA has documented that a number of other harmful species can be transported in firewood. Therefore, it has been determined that this action is necessary to protect the natural resources of the park.

36 CFR §2.1(a)(5) – Hiking and pedestrian use

Visitors to the amphitheater, battlefield, backcountry trails, and equestrian trails, must remain on designated trails and walkways.

Designated walkways are established for visitor safety, to provide separation between pedestrians and cars. Designated provide a route through sensitive natural, cultural, and archeological resources, preventing damage to adverse resource impacts while preserving the aesthetic, scenic, cultural, and recreational value of the resource.

36 CFR §2.1(c)(1)-(2) – Designation of natural products for personal use or consumption

The following fruits, nuts, or berries 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:

Climbing trees to gather fruits and nuts is prohibited.

One quart per person, per day of the following edible fruits, berries, nuts, and fungi may be gathered for personal use or consumption.
• Black walnuts (Juglans nigra)
• Blackberries (Rubus spp.)
• Blueberries (Vaccinium spp.)
• Cherries (Prunus spp.)
• Hickory nuts (Carya spp.)
• Mulberries (Morus spp.)
• Morel mushrooms (Morchella spp.)
• Pecans (Carya illinoensis)
• Persimmons (Diospyros virginiana)
• Plums (Prunus spp.).
• Scuppernongs/Muscadines (Vitis rotundifolia)
• Strawberries (Fragaria virginiana)

Two gallons per person, per day, of the following edible fruits and nuts may be gathered for personal use or consumption:
• Apples (Malus spp.)

One quart per person per day of total combined volume of all other edible fungi may also be collected. Inedible fungi may not be collected for medicinal, artistic, or other uses. (An inedible fungus is defined as one that is not consumed in its entirety by humans. These are typically woody shelf fungi.)

These natural nuts, berries, fruits are plentiful in the park and have historically been picked by visitors for consumption in the park. If monitoring reveals that removal is adversely affecting the ecosystem, this relaxation of Section 2.1 (c) (1) will be terminated.

36 CFR §2.2 – Wildlife Protection

36 CFR §2.2(a)2) – Approaching wildlife

Willfully approaching bear, deer, turkey or any other wildlife within 50 yards or within any distance resulting in their disturbance or displacement is prohibited.

Wild animals have behavior that is often unpredictable. Engaging in any activity which places a person in close proximity to wild animals, and/or willfully approaching wildlife, creates unsafe conditions for wildlife and humans and may place the person at risk for injury or death. Wildlife may interpret this human behavior as threatening or aggressive, which in turn jeopardizes the well-being of the animal. This restriction does not apply to inadvertent or casual encounters with wildlife in developed areas where normal foot or motor vehicle traffic is routine or essential, or in areas where there is no reasonable alternative travel route. The prohibitions in this paragraph do not apply to park personnel acting within the scope of approved management activities.

36 CFR §2.2(b) – Hunting and trapping

Hunting and trapping are prohibited on Kings Mountain NMP lands. This prohibition includes the use of animal tracking technology within park lands.

It is recognized that when using animal tracking technology from park roads or any property within the legislative boundary of the park to track dogs that are pursuing wildlife outside of park boundaries, persons are clearly engaged in a hunt and are in violation of this regulation.

36 CFR §2.2(c) – Transporting lawfully taken wildlife

The transportation (including recovery) of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

• Lawfully taken on lands adjacent to the park when the only access to such lands through park property.
• Notification must be made to the Kings Mountain NMP Chief Ranger by calling park dispatch [phone] and transportation must be approved prior to such transportation taking place.
• Transportation of wildlife is prohibited in Historical Interpretation Areas, the Visitor Center and Park Headquarters.
• Transport is limited to the nearest reasonable access to an intersecting state road or highway.

Wildlife taken lawfully on adjacent lands may run into the park. Provisions to allow hunters to access lands to retrieve these animals are necessary to prevent unnecessary waste of life and to facilitate proper identification of take within SC Department of Natural Resources regulations.

36 CFR §2.2(e) – Viewing of wildlife with artificial light

All areas within the park are closed to the viewing of wildlife with the use of artificial light.

Viewing animals with an artificial light from park roads or any property within the legislative boundary of the park is considered spotlighting which is an activity associated with hunting. Hunting is not permitted in the park, and spotlighting is a violation of the hunting prohibition. Additionally, artificial lighting in the park is limited to developed areas. Spotlighting and viewing wildlife with an artificial light is frightening to wildlife unaccustomed to light in undeveloped areas of the park and disturbs wildlife nesting, breeding, and other activities.

36 CFR §2.4 Weapons, Traps, and Nets

36 CFR § 2.4(b)(2) Possessing, carrying, or using a weapon

Firearms and dangerous weapons are prohibited in all buildings within Kings Mountain NMP other than restroom facilities that are accessed directly from the outdoors.

Unloaded historic weapons used for living history demonstrations are permitted in park buildings, only after inspection and approval of park certified historic weapons supervisor.

Historic weapons demonstrations are permitted as part of park interpretive and educational programs under the supervision of the park certified historic weapons supervisor. Only trained and authorized park staff and volunteers are permitted to use historic weapons within the park.

South Carolina State Law (H. 3594) authorizes individuals who are not otherwise prohibited from possessing a firearm, to legally possess a firearm openly or concealed without training and without a concealed weapons permit issued by the State Law Enforcement Division (SLED). The law allows a person who is not otherwise prohibited by law from carrying a firearm to lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied.

According to 18 U.S.C. Subsection 930 the possession of firearms and dangerous weapons in Federal Facilities is prohibited and shall be posted conspicuously at each public entrance. A dangerous weapon is a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious injury, except that such term does not include a pocket knife with a blade less than 2 ½ inches in length.

36 CFR §2.10 Camping and Food Storage

36 CFR § 2.10(a) – Designated camping area

Camping is permitted at the Garner Creek backcountry campsite. Registration is required at the visitor center or by emailing [e-mail]. Limitations as follows:
Campsite: Garner Creek
Persons: 10 Max
Days Allowed: 7 Days Maximum

Limitations for the Garner Creek backcountry site are based upon the size of the designated camping area. The registration requirement allows the park to track and manage usage of the area and contributes to visitor safety by making staff aware that campers are in the park in the event of an emergency.

36 CFR § 2.10(a) – Special conditions for camping

Camping overnight in the interpretive encampment or other area predetermined area designated by the Superintendent is allowed in conjunction with park sponsored historic interpretation programs, and/or living history demonstrations for interpretive program purposes as permitted with written authorization from the Superintendent.

Scouting and/or other volunteer organizations may receive permission to camp overnight in a predetermined area designated with the written authorization of the Superintendent, in conjunction with active projects they are working on with or for the park.

The park does not have any purpose-built public camping areas. The limitation of camping to cooperating groups enables to park to facilitate the completion of projects in furtherance of park management objectives.

36 CFR § 2.11(a) - Picnicking

36 CFR § 2.11 – Designated picnic areas and conditions

Picnicking is prohibited in historical interpretation areas. Historical interpretation areas include: visitor center grounds (including lawn areas), battlefield area (inside the trail loop or within 50 yards of the Battlefield Trail), and the Howser House area (Howser House, cemetery, barn area, and access road from RockHouse Road to Kings Creek.)

Picnicking in all other areas must comply with the following conditions: Picnicking will be limited to small groups (10 or fewer) and of short duration (1 hour orless). Tables, chairs, grills and other devices are not permitted. Picnicking may not interfere with park operations or events.

Picnicking in historical interpretation areas detracts from the historic scene. The adjoining Kings Mountain State Park was carved from the National Military Park lands to create a recreational area with facilities for such activities as picnicking.

36 CFR §2.13 Fires

36 CFR § 2.13(a)(1) Conditions on Lighting or Maintaining a Fire

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:

At the Garner Creek campsite, fires are only allowed within the fire established fire ring.

Fires are authorized in campsites approved for use during historic interpretation programs, living history demonstrations, and by scouting or other volunteer organizations with prior approval from the park Superintendent.

• All fires shall be extinguished before departure.

The Superintendent may impose emergency fire restrictions during periods of high fire danger.

Use of fires, lanterns, and stoves outside of designated picnic area grills and fire rings are prohibited to protect natural features and resources and to reduce the risk of wildfire. Those permitted at campsites may be prohibited during periods of high fire danger.

A fire may be ignited and maintained only by using fuel sources designed and commonly used for warmth or the preparation of food, such as charcoal briquettes or natural firewood. Lighting or maintaining a fire with other materials including, but not limited to, flammable liquids, garbage, fireworks, plastics, aerosol canisters, batteries, or other manufactured or synthetic materials, is prohibited.

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 – creates 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 informing visitors of the risks of using certain materials to light or maintain a fire, 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 §2.15 Pets

36 CFR § 2.15(a)(5) Disposal of pet excrement

Pet excrement must be picked up and disposed of in trash receptacles when it occurs within the following conditions:

20 feet from the trail edge
Within all developed areas
On walkways and hard surfaces
In parking lots

Pet excrement is malodorous, unsightly, and unsanitary. It is unreasonable for other park visitors to be exposed in close proximity to pet excrement.

36 CFR §2.16 - Horses and Pack Animals

36 CFR § 2.16(b) Routes and areas designated for use of horses

The tying or securing of horses or mules directly to trees or other vegetation is prohibited.

Securing horses directly to trees causes damage to trees. Horses not only chew the bark, but tight ropes can damage the bark and girdle the tree.

36 CFR §2.21 - Smoking

36 CFR § 2.21(a) Areas closed to smoking

Smoking is prohibited in all park buildings and within the seating area of the amphitheater.

Smoking is prohibited within 50 feet of any building entrance, monument, or exhibit.

Smoking is prohibited in these areas to provide for public health and safety and for the protection of park resources.

36 CFR §2.22 Property

36 CFR § 2.22 (b)(1)-(4) Unattended vehicles

Vehicles not associated with campers registered to stay overnight in the Garner Creek Campsite per 2.10 above will be considered unattended. All vehicles left for more than 24 hours will be towed at the owner’s expense.

All parking areas within the park must be available for normal visitation and use. The park is not able to accommodate excess public vehicles, and the safety/security of property left at the park cannot be guaranteed as the park does not have 24 hours staffing or security.

36 CFR §2.35 Alcoholic beverages and controlled substances

36 CFR § 2.35 (a)(3) Areas closed to alcohol

Consumption of alcoholic beverages within the visitor center area, battlefield, amphitheater area, trails, and Howser House area is prohibited.

Historical interpretation areas include: visitor center grounds (including lawn areas), battlefield area (inside the trail loop or within 50 yards of the Battlefield Trail), and the Howser House area (Howser House, cemetery, barn area, and access road from Rock House Road to Kings Creek.)

Consumption of alcoholic beverages is prohibited within the historical interpretation area due to incompatible nature of the activity with regards to the historical and memorial purposes for which the park was legislatively intended. The consumption and possession of alcohol in these areas is inappropriate given the historic and solemn purpose for which the historic areas are maintained.

Consumption of alcoholic beverages on hiking and horse trails is prohibited except as authorized by special park use permit.

The use of alcohol is prohibited by the Kings Mountain State Park with whom we share connected hiking and equestrian trails. This restriction is necessary to ensure that visitors are compliant with multi jurisdictional regulations where boundaries between jurisdictions may not be well known. Additionally, historically, litter associated with alcoholic beverage containers on trails has been an issue. The park is not staffed to constantly patrol trails for litter and debris. This regulation contributes to ensuring that the parks aesthetic and scenic values remain intact for all visitors.

36 CFR §4 Vehicles and Traffic Safety

36 CFR § 4.11 Load, Weight, and Size Limits

Vehicles exceeding 13 tons per axle are prohibited on all roads within the park.

Condition, width, and base of roadway and heavy visitor traffic require truck and vehicle weight restrictions in order to protect the public investment in the roadway and to ensure
safe travel by the visiting public.

36 CFR § 4.12 Traffic control devices

Roads that have been “closed” to the public are signed to indicate “Authorized Vehicles Only” or “Residents Only”, etc.

Regulatory signage is in place in accordance with established standards in order to notify visitors of areas where vehicles may be driven. These restrictions are necessary for visitor safety and resource protection, to ensure that vehicles are driven in areas clear of moving equipment, pedestrians traversing areas where vehicles are not expected, and to protect residents in park housing from unauthorized access.

36 CFR § 4.21(b) Speed Limits

40 MPH	All portions of Piedmont Road within the park.
35 MPH	All portions of Park Rd. (S-11-21 & S-46-705) located within the park unless otherwise posted.
25 MPH	The portion of Park Rd. ((S-11-21 & S-46-705) adjacent to the Visitor Center

Speed limits are set consistent with visitor traffic and special road conditions that include narrow lanes, curves, and hills. The speed limit on Piedmont Rd. is consistent with SC 56-5-1520(B)(3).

36 CFR §4.30 Bicycles

36 CFR § 4:30 Bicycles

Bicycles and electric bicycles are allowed on park roads and in parking areas that are otherwise open for motor vehicle use by the general public. The use of bicycles or electric bicycles in all other locations is prohibited.

The use of bicycles and electric bicycles on trails within the National Military Park would pose a serious threat to pedestrians and horse-back riders. The trails were designed for those uses and the slopes, narrow sections and sharp curves would be especially dangerous if bicycles and electric bicycles were allowed. The Superintendent has designated park roads and parking areas as open to electric bicycles using the discretion given to the Superintendent under NPS regulations at 36 CFR 4.30(i). Allowing electric bicycles in these locations will create new opportunities for recreation and access within Kings Mountain National Military Park. It will not create any adverse impacts to the resources and values of the National Military Park due to the existing use of the roads and parking areas by motor vehicle and bicycles. This action is covered by the categorical exclusion 3.2.E in the NPS NEPA Handbook.

 

Designated park area under 36 CFR §2.51(c)(2)