2024 Superintendent's Compendium

UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
LITTLE BIGHORN BATTLEFIELD NATIONAL MONUMENT
P.O. Box 39
756 Battlefield Tour RoadCrow Agency, MT 59022
[phone] phone

 

SUPERINTENDENT'S COMPENDIUM of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7 & 12, as authorized by Title 54, United States Code §10075, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Little Bighorn Battlefield National Monument and Custer National Cemetery. Unless otherwise stated, these regulatory provisions apply in addition to the regulations contained in Title 36, Code of Federal Regulations, Chapter 1, Parts 1-7 & 12. eCFR :: 36 CFR Chapter I -- National Park Service, Department of the Interior.

In addition to these regulations, written determinations, that explain the reasoning behind the superintendent’s discretionary authority will appear in this document after each regulation.

Visitors may obtain additional information or permit applications by contacting the Office of the Superintendent, Little Bighorn Battlefield National Monument, P.O. Box 39, Crow Agency, MT 59022-0039. You may also obtain additional information or permit applications on our website at Laws & Policies - Little Bighorn Battlefield National Monument (U.S. National Park Service) (nps.gov).

 

 

 

Introduction to Compendium

The Little Bighorn Battlefield National Monument Superintendent's Compendium is the summary of park specific rules implemented under the discretionary authority of the park Superintendent. It serves as public notice with an opportunity for public comment, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on those public use and resource protection regulations that pertain to the specific administration of the park. Regulations are found in 36 Code of Federal Regulations (CFR) and other United States Codes (U.S.C.) and CFR titles which are enforced without further elaboration at the park level.

A copy of 36 CFR can be purchased from the U.S. Government Printing Office at: http://bookstore.gpo.gov by calling toll-free [phone] or in DC area [phone].

The regulations contained in this compendium apply to all persons entering, using, visiting or otherwise within the boundaries of federally owned lands and waters administered by the NPS as part of the Little Bighorn Battlefield National Monument. NPS Law Enforcement Park Rangers can enforce the requirements of the United States Code, CFR Titles, and this Superintendent's Compendium. Many of the requirements of this compendium complement existing state and local law and regulations which are also in effect within the park, and are enforced by state, and local law enforcement officers. However, if a state or local law is currently enacted, this compendium does not replace or repeal that law.

A person who violates any provision of the regulations found in 36 CFR Parts 1-7 & 12 along with 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.

The compendium is reviewed annually, and the park welcomes comments about its programs and activities at any time. Comments specific to the Superintendent's Compendium will be accepted any time. Any changes to this compendium recommended by the public or others, and accepted by the Superintendent, will be incorporated into this compendium without further public comment and review and will be included in the next year’s compendium.

Comments can be directed to either the Park Superintendent or the Chief Rangers Office at:
Little Bighorn Battlefield National Monument
P.O. Box 39
Crow Agency, MT 59022-0039

Copies of the compendium are available online at: Little Bighorn Battlefield National Monument (U.S. National Park Service) (nps.gov)maintained at the Headquarters Building 756 Battlefield Tour Road, Crow Agency MT 59022.

 

1. 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.) §100101(a) (formerly 16 U.S.C.1a-1, “Organic Act”).§100101(a) states: “The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. In addition, 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, “to make such regulations as the Secretary considers necessary or proper for the use and management of System units and a criminal penalty is provided for a violation of those regulations.”

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, 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. §100101(b)(1)(A) declares that “the National Park System, which began with the establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions.”

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 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 uses, or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The superintendent is directed to analyze overall park use and determine if any particular use is appropriate. When conflict arises between use and resource protection and there is a reasonable basis to believe a resource is or would become impaired, the superintendent is obliged to place limitations on public use.

 

2. 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 as such, an Environmental Assessment will not be prepared.

 

3. Development of the Requirements of the Superintendent’s Compendium

As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:

• Is there use or activity consistent with Title 54 §100101 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 conflict with wildlife, vegetation, and environmental protection actions and values?
• Will the use or activity conflict with or be incompatible with traditional park uses and activities?
• Will the use or activity compromise employee or public safety?

 

4. Applicability of the Compendium

The rules contained in this compendium apply to all persons entering, using, visiting or otherwise present on federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.

 

5. Definitions

Administrative Roads and Areas: Areas closed to the public, but necessary for government vehicles, equipment, and personnel to use in order to maintain park facilities and infrastructure.

Bicycle/Traditional Bicycle means every device propelled solely by human power upon which a person or persons may ride on land, having one, two or more wheels, except a manual wheelchair.

Camping: Erecting of a tent shelter of natural or synthetic material; preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer or mooring of a vessel for the apparent purpose of overnight occupancy.

Cultural Resources: In addition to the 36 CFR §1.4 definition, this includes markers on the battlefield, headstones in the National Cemetery, historic structures, and monuments, the battlefield itself, and the museum collection including artifacts, correspondence, manuscripts, books, documents, human skeletal remains, and known and unknown archaeological sites and objects.

Developed Area: Area with roads, marinas, docks, parking areas, picnic areas, campgrounds, or other structures, facilities or lands located within development and historic zones depicted on the park area land management and use map.

E-bike: a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).

Firearm: A loaded or unloaded pistol, rifle, shotgun or other weapon, which is designed to, or may be readily converted to; expel a projectile by the ignition of a propellant.

Hunting: The taking or attempting to take wildlife, except trapping.

Picnic Areas: Those areas designated as day-use public areas that include picnic tables, NPS established metal campfire grates or above ground barbecue grates.

Unmanned Aircraft: A device that is used or intended to be used for flight in the air 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). The term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.

 

36 CFR Part 1 – GENERAL PROVISIONS

 

36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park:

Visiting Hours:
Little Bighorn Battlefield National Monument is open to the public at regularly scheduled intervals for visitation. Time will be posted and updated on the park's website. Please check prior to your party's arrival.

Determination: Visitation times will be determined by the superintendent annually taking in consideration of park staffing, administrative needs and protection of the Custer National Cemetery and monument from resource damage.

Closures:

• Park Roads: All park administrative roads are closed to the public vehicular use unless authorized by the Superintendent.

• Visitor access to the battlefield is restricted to the park’s tour road, Custer National Cemetery, and designated trails (Appendix A). All other access or uses must be authorized by the Superintendent or their designee by permit process. 36 CFR §1.6

• Picnicking is prohibited within Custer National Cemetery and authorized in specific locations in Little Bighorn Battlefield NM. Appendix B Map Shows Authorized Picnic Areas.
  • Exceptions: Mowed grass adjacent to the parking lot at the Visitor Center, benches or mowed grass area at Reno-Benteen Site.
  • The cooking of food is prohibited.

Determination: Administrative Areas closed to the public to assist with public safety and assist employees in efficient and safe work areas. Administrative areas require specialized training or authorization by the government to access.

Unmanned Aircraft (Drone(s): Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Little Bighorn Battlefield National Monument is prohibited except as approved in writing by the Superintendent.

Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of unmanned aircraft within Little Bighorn Battlefield National Monument will conflict with, or impact, a variety of park uses, including visitor experience. Use may also lead to the disturbance, displacement or harassment of park wildlife and creation of public safety hazards.

Temporary Closures: The Superintendent may temporarily close park roads, parking areas, buildings, and all or portions of the park when such actions are deemed necessary to ensure public safety, protection of resources, or the avoidance of visitor use conflicts. The posting of signs, maps, media announcements, and the use of barricades and/or gates will identify such closures.

Determination: Use of this discretionary authority is required for resource protection, public safety, and the security of park property.

 

36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

36 CFR 1.6(f) –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.

• §1.5(d) The following activities related to Public Use Limits:

  • After hour visits and/or activities at Little Bighorn Battlefield National Monument

  • Alcohol consumption

  • Camping

  • Public Park uses (except during official visiting hours).

  • Public vehicle uses on park land (excluding entrance road, parking, and picnic areas).

• §2.5(a) Specimen collection (Research Permit Required)

• §2.6 Gathering of plants or plant parts by Federally recognized Indian tribes.

• §2.10(a) Camping in association with a special event or public gathering for which a permit has been issued pursuant to §2.50 or §2.51

• §2.12 Operating a public address system

• §2.50(a) Special events such as conducting a sports event, public spectator attraction, entertainment, ceremony, or similar events

• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views that involve groups of greater than 25 individuals.

• §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising

• §2.60(a) Livestock use and agriculture

• §5.1 Commercial notices or advertisement display

• §5.3 Engaging in or soliciting any business

• §5.4 Commercial passenger-carrying motor vehicles

  • (a) The commercial transportation of passengers by motor vehicles

• §5.5 Commercial Photography & Filming

  • (a) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising (as defined by 43 CFR 5.12, per 43 CFR5.2)

  • (b) Audio recording (if conditions met)

• §5.6 Commercial Vehicles

  • (a) Commercial vehicles used on park area roads when such use is necessary for access to the private or tribal lands within or adjacent to the park, to which access is otherwise not available.

 

36 CFR Part 2 - RESOURCE PROTECTION, PUBLIC USE, AND RECREATION

 

36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES

(b) Foot travel and/or hiking is restricted to established trails.

Determination: To protect the resource, safety of the visitor, and maintain the integrity and purpose of the site and provide for the protection of archeological items present in the soil and underground in the immediate vicinity.

36 CFR §2.2 – WILDLIFE PROTECTION

(e) The viewing of wildlife with an artificial light is prohibited on Federal lands within the boundaries of Little Bighorn Battlefield National Monument.

36 CFR §2.12 – AUDIO DISTURBANCES

(a)(l) Diesel trucks and buses, when parked in areas adjacent to the cemetery or visitor center, must stop engines to prevent interference with interpretive programs and the contemplative setting of the National Cemetery.

36 CFR §2.13 – FIRES

(a)(l) All cooking fires and campfires are prohibited.

1. During periods of high fire danger, the Superintendent may close a portion or all of the of the park at their discretion.

These prohibitions do not apply to authorized activities within the residential area established by the park housing plan. (At employee quarters in designated barbeque-style grills or portable stoves.)

36 CFR §2.15 – PETS

(a)(1) Pets are prohibited in Little Bighorn Battlefield National Monument and Custer National Cemetery, except in personal vehicles.

• Service animals are not subject to the park’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed (NPS Memorandum 19-02 – Use of Service Animals by Visitors with Disabilities).

Determination: This determination is made to ensure the preservation of cultural resources, protect wildlife habitats, and maintain the safety and experience of visitors to the monument.

36 CFR §2.19 – WINTER ACTIVITIS

(a) Skiing, snowshoeing, and walking on the park road is permitted from the gate at the Visitor Center to the Reno-Benteen Site when the road is closed to motor vehicles due to snow conditions.

36 CFR §2.21 – SMOKING

Smoking, electronic cigarettes and other electronic nicotine delivery system (ENDS) is prohibited within all buildings, within 25 feet of all building entrance's and in all other areas, except within 25 feet of an established ash receptacle.

36 CFR §2.23 – RECREATION FEES

(a) Recreation fees, in accordance with Title 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

Current fee schedule is posted on the park website and at entrance gate.

(b) All individuals wishing to honor those buried in the Custer National Cemetery will have free access to visit the cemetery.

Determination: Recreation fees, in accordance with Title 36 CFR part 71

36 CFR § 2.35 – ALCOHOLIC BEVERAGES

(a)(3)(i) The consumption of alcoholic beverages within the park boundary is prohibited.

Determination: In accordance to 2.35 (a)(3)(i)(A) the use is inappropriate considering the historic nature of the Little Bighorn Battlefield NM and Custer National Cemetery.

This prohibition extends to the Administration Building, Maintenance Building, Superintendent's Lodge, Visitor Center, including the patio and restrooms, Custer National Cemetery, Last Stand Hill, Indian Memorial, parking areas and designated trails.

36 CFR § 2.51 – Public Assemblies and Meetings

2. The mowed grass area near the public restroom as shown on (Appendix C) is a designated First Amendment demonstration area.

Public meetings, assembly, or demonstration, if greater than 25 persons, may only be allowed when authorized by the Superintendent.

 

36 CFR Part 12 – NATIONAL CEMETERY REGULATIONS

 

12.4 Special Events and Demonstrations

In addition to events conducted for Memorial Day and Veterans Day, the following dates are designated as dates of special historic significance to the Little Bighorn Battlefield National Monument and Custer National Cemetery. Events conducted in commemoration of those dates are permitted:

• Battle Anniversary, June 24-27^th

12.10 Floral and Commemorative Tributes

The placing of wreaths and floral items is subject to the following restrictions:

• Coins and other metal objects are not permitted to be placed on headstones or monuments; these objects can cause staining of the stone surfaces.

• Fresh cut flowers, artificial flowers and potted plants shall be permitted on graves.

• Flowers (fresh, artificial and/or potted) shall be removed from graves and disposed of by cemetery personnel when they become withered, faded, or otherwise unsightly. All floral items which conflict with normal grounds maintenance may be removed.

• Floral items and other types of decorations shall not be secured or attached to the headstone or commemorative monument.

• Permanent in-ground containers, plantings, statues, vigil lights, balloon displays, breakable objects of any kind, and similar commemorative items are not permitted on graves at any time in the National Cemetery. These and other hazardous objects shall be removed by cemetery personnel whenever found on a grave.

• Only flags placed by NPS staff are permitted to be placed in the National Cemetery. As with other commemorative items placed in violation of these conditions, any non NPS provided flags will be removed by park staff.

 

Designated trails found in the Custer District of Little Bighorn Battlefield.

NPS

Appendix A: Designated Park Trails-Custer District

 

Designated trails found in the Reno Benteen District of Little Bighorn Battlefield and locations of solider and warrior markers.

NPS

Appendix A: Designated Park Trails-Reno Benteen District

 

The map above shows designated picnic area withing Little Bighorn Battlefield National Monument. All sites are circled in yellow.

NPS

Appendix B: Designated Picnic Areas

 

Map of the designated assembly area for public demonstrations/assembly. Area is marked in yellow on the map.

Appendix C: Desingnated Public Assembly Area