Record of Determination for the Closure of Buzzard Point (U.S. Reservation 629) for Construction

Pursuant to 36 CFR § 1.5, the National Park Service is implementing a temporary closure and public use limitation of U.S. Reservation 629 due to staging and construction. The project (permit # NCA NACE 5700 2106) includes the demolition and removal of a comfort station. These closures will start on March 11, 2022 and remain until further notice. Unauthorized entry or activity is prohibited in this area while it is closed.

Given the safety and security protections necessary in the closed areas for such construction and associated activities, less restrictive measures will not suffice. The closures will not adversely affect the park’s natural, aesthetic, or cultural values. The closures do not require significant modification to the resource management objectives, and are not of a highly controversial nature.

Nothing in this order is intended to prevent the National Park Service, its employees, volunteers, partners, contractors, subcontractors or designees from access and fulfilling their administrative duties and responsibilities.

Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 CFR § 1.5(c). This determination is consistent with hundreds of earlier partial or temporary closures, the legal opinion of the Office of the Solicitor, and judicial adjudications that have upheld other NPS closures and public use limitations. 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. 05-0071, (D.D.C. January 18, 2005), Mahoney 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, 1999); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990) Picciotto v. Hodel, No. 87-3290 (D.D.C. December 7, 1987).

Pursuant to 36 CFR § 1.5(c), 1.7, notice of this temporary and partial closure will be made through posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR § 1.5(c), this determination is available to the public upon request.

Tara Morrison
Superintendent
March 1, 2022

 

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