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Pursuant to 36 CFR § 1.5(a)(1) the National Mall and Memorial Parks is continuing the temporary closure of some National Park Service facilities to mitigate the spread of COVID-19. In response to guidance and advisories from the Centers for Disease Control (CDC), the National Park Service initially enacted these temporary restrictions on March 20, 2020, through a Record of Determination (ROD). The ROD was extended several times during the pandemic. The National Park Service began lifting the temporary restrictions as pandemic conditions improved and new CDC and National Park Service guidance was issued. The only full closures that remain in place until further notice, are for Belmont-Paul Women’s Equality National Monument and the Old Post Office Tower. The Washington Monument reopened on July 14, 2021, with public use limitations. Because of the many confined spaces inside the Washington Monument, the National Park Service completed a risk assessment that identified several public health mitigation measures that were necessary to reopen the site. Face masks are required to be worn by all people while in the Washington Monument and the number of timed tickets is reduced. These public health mitigation measures will be lifted as pandemic conditions improve or CDC and National Park Service guidance is revised. Ford’s Theatre National Historic Site reopened on May 12, 2021, with public use limitations. The National Park Service completed a risk assessment that identified several public health mitigation measures that were necessary to reopen because the site is jointly operated with the Ford’s Theatre Society. Masks are required to be worn inside the theatre building. Public use of the Peterson House remains temporarily closed because access is through a partner property, which is closed to the public. These public use limitations will be lifted as pandemic conditions improve, CDC and National Park Service guidance is revised, or the partner’s operating posture changes. All exterior memorials, restrooms, and grounds remain open. The National Park Service continues to issue permits for special events and demonstrations and on July 8, 2021, began issuing permits for athletic gameplay. Bookstores, concessions, and partner operated facilities will be open at the discretion of the operator and with the approval of the National Park Service. The temporary closures are not of a nature, magnitude or duration that will result in a “significant alteration in the public use pattern.” The closures will not adversely affect the park’s natural aesthetic or cultural values, nor require significant modification to the resource management objection, nor is it of a highly controversial nature. 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 § 1.7, notice of these temporary and partial closures will be made through media advisories, maps, and by posting 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. Jeffrey P. Reinbold Superintendent, National Mall and Memorial Parks July 12, 2021 |
Last updated: July 12, 2021