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On October 14, 2021, National Capital Parks-East will close Reservation 83 (bound by Massachusetts Ave., between 3rd St. & D St., NE) to address public health concerns and rehabilitate the park. The park's closure will necessitate the removal of encampments and provide needed maintenance to the park. The National Park Service is taking this action because National Capital Parks-East received reports that persons from the encampment were defecating on nearby property, excessively littering, and threatening public health. For example, United States Park Police has responded more than once to reports of generators and grills illegally in the park. Privately owned grills are prohibited and fuel is not allowed to be stored in the park. The grill, generator and fuel placed persons at the encampment, the adjacent business, and residences in the community at risk of serious injury and could damage park resources. The National Park Service has determined that this park closure is necessary for the protection of human health and safety, as well as the protection of natural and cultural resources. Less restrictive measures will not suffice, as safety and resources impacts from the site are continuing. The park area will remain closed until such time that all rehabilitation measures have been completed. Any temporary structure or other unattended items will be subject to seizure if it is not removed by the owner. The National Park Service will store these items for 60 days at 515 New York Avenue, NE and then dispose of them, unless claimed by the property owner within the 60-day period. Items determined to be trash or a biohazard will be disposed of as refuse immediately. This temporary and partial closure is not of a nature, magnitude and duration that will result in a “significant alteration in the public use pattern.” Other nearby park areas will remain open to the public. The closure will not adversely affect the park’s natural, aesthetic, or cultural values; nor require significant modification to the resource management objectives; nor is it of a highly controversial nature. Accordingly, the NPS determines that publication as rulemaking in the Federal Register, is unwarranted per 36 C.F.R. § l.5(c). This is consistent with hundreds of earlier partial and temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications that have upheld other National Park Service closures and public use limitations to include Spiegel v. Babbitt, 855 F. Supp. 402 (D.D.C.1994) affd in part w/o op. 56 F. 3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995); ANSWER Coalition v. Norton, No. 02-1715 (D.D.C. August 22, 2002), plaintiff's emergency motion for appeal for injunction pending appealed denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curium); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 2000); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); and Picciotto v. Hodel, No. 87-3290 (D.D.C. December 7, 1987). Pursuant to 36 C.F.R.§ 1.7, notice of this temporary closure will be made through media advisories and the park’s website and posting of signs at strategic locations in the affected park area. Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request.  _____________________________ Tara Morrison, Superintendent 9/30/2021 |
Last updated: October 1, 2021