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National Mall and Memorial Parks will clear unsheltered encampments on park property at the Daniel Webster Memorial (Reservation 62), Scott Circle (Reservation 63), and the Samuel Hahnemann Monument (Reservation 64) on December 14, 2022, to address violent and illegal activities, public health and safety concerns, and to clean and rehabilitate the park areas. Grass areas behind the Daniel Webster Memorial (Reservation 62) and the Samuel Hahnemann Monument (Reservation 64) will be fenced and closed to the public until summer 2023 while rehabilitation measures are completed. Unsheltered encampments in these parks have grown significantly since September 2022, as have the number of reports to U.S. Park Police (USPP) of drug activity, threats, and violence. USPP have recorded an increase in incidents at both locations since October 2022. Targeted law enforcement efforts to isolate and remove the criminal elements have not significantly changed conditions in the encampments. Additionally, both parks show signs of severe rodent infestation and turf and other resource damage that require rehabilitation. The NPS worked closely with the District and the District’s contracted service providers to offer housing assistance and services to unsheltered individuals on park property. NPS’ established procedures for encampment closures align with the District’s policy to provide verbal and written notice to encampment occupants at least 14-days in advance and to allow ample time for service providers to assist unsheltered individuals. While camping is prohibited on national parkland in DC, the NPS has adhered to CDC guidelines and generally allowed the encampments to remain during the COVID-19 pandemic. However, NPS must consider the overall health and safety of all park users. Consequently, NPS has decided to remove encampments when they pose a security, health, or safety risk. Any temporary structure used for camping and unattended belongings will be subject to seizure and may be reclaimed by the property owner by contacting the U.S. Park Police Brentwood Property Office at 6th & Penn Street, NE; Washington, DC 20002; (202) 426-6850, if done within 60 days. Items determined to be trash or a biohazard, however, will be disposed of as refuse. Individuals are advised to promptly dispose of these items. The clearing of encampments at Reservations 62, 63, and 64 and temporary closure of grass areas for rehabilitation 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 parks’ 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. Picciotto v. United States. No. 99-2113 (D.D.C.); Picciotto v. United States, No. 94-1935(D.D.C.); Picciotto v. Lujan, No. 90-1261 (D.D.C.); Picciotto v. Hodel, No. 87-3290(D.D.C.); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), affld in part w/o op. 56 F.3d 1531(D.C. Cir. 1995). Pursuant to 36 C.F.R.§ 1.7, notice of the clearing of encampments at Reservations 62, 63, and 64 and temporary closure of grass areas for rehabilitation will be made by installing fencing and posting of signs at conspicuous locations in the affected park areas. Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request. Jeffrey P. Reinbold Superintendent, National Mall and Memorial Parks December 13, 2022 |
Last updated: December 14, 2022