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Pursuant to 36 CFR § 1.5(a)(1) the National Mall and Memorial Parks is temporarily restricting some visitor uses at the Dwight D. Eisenhower Memorial (Memorial). The National Park Service formally assumed responsibility for the Memorial on September 18, 2020 and is in the process of updating the Superintendent’s Compendium to provide management guidance for the Memorial. Until the Compendium is finalized, the use restrictions and policies that are in effect for the National Mall will apply to the Memorial. As with most other areas of the National Parks included within the National Mall and Memorial Parks, camping as defined in 36 CFR § 7.96(g)(5)(vi) is prohibited. The restrictions requiring a permit for any structures larger than a small speaker’s platform under 36 CFR § 7.96(g)(5)(vi)(A through E inclusive), also apply to the Memorial area. These use limitations are in place to protect the cultural and natural resources of the Memorial and to provide visitors a contemplative and respectful environment in which to enjoy the Memorial. The temporary use restrictions 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 § 1.5(c), 1.7, notice of these temporary and partial closures will be made through roadway gates and the 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. Jeffrey P. Reinbold Superintendent, National Mall and Memorial Parks October 16, 2020 |
Last updated: October 16, 2020