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National Mall and Memorial Parks will begin clearing unsheltered encampments at Reservation173 (11th Street and I Street, Northwest) and at Columbus Circle on June 1 to address publichealth and safety concerns, unsanitary conditions, and to clean and rehabilitate the park areas.Reservation 173 will be fenced and closed to the public until winter 2022 while rehabilitationmeasures are completed. The NPS will maintain a strict enforcement posture at Columbus Circleafter the encampments are cleared and will, at the same time, maintain public access to the area. Unsheltered encampments in these parks have grown significantly since January 2022, as havethe number of reports to U.S. Park Police of drug activity, threats, violence, and overallunsanitary conditions. The Park Police have recorded an increase in incidents at both locations in March. Additionally, both parks show signs of severe rodent infestation and turf and otherresource damage that require rehabilitation. The NPS worked closely with the District and the District’s contracted service providers to offerhousing assistance and services to unsheltered individuals on park property. The NPS and the District collaboratively identified June 1 as an adequate timeframe to allow the District and itsservice providers to mobilize housing assistance and resources for individuals affected by the encampment closures. NPS’ established procedures for encampment closures align with theDistrict’s policy to provide verbal and written notice to encampment occupants at least 14-daysin 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 CDCguidelines 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 and neighbors.Consequently, NPS has decided to remove encampments when they pose a security, health, orsafety risk. Any temporary structure used for camping and unattended belongings will be subjectto seizure and may be reclaimed by the property owner by contacting the U.S. Park PoliceBrentwood 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 Reservation 173 and at Columbus Circle and the temporaryclosure of Reservation 173 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 thepublic. 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 highlycontroversial nature. Accordingly, the NPS determines that publication as rulemaking inthe Federal Register, is unwarranted per 36 C.F.R. § l.5(c). This is consistent with hundreds ofearlier partial and temporary park closures, the legal opinion of the Office of the Solicitor, andjudicial 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 clearing encampments at Reservation 173 and at ColumbusCircle and of the temporary closure of Reservation 173 will be made by posting of signs at conspicuous locations in the affected park areas. Additionally, fencing will be installed atReservation 173 to close the park area. Finally, pursuant to 36 C.F.R. § 1.5(c), this determinationis available to the public upon request. /s/ Jeffrey R. Reinbold Superintendent, National Mall and Memorial Parks May 27, 2022 |
Last updated: May 28, 2022