Record of Determination for a temporary restriction of access to areas of National Mall and Memorial Parks for the State Funeral of President Jimmy Carter

Pursuant to 36 C.F.R. § 1.5, on Tuesday, January 7, 2025, the National Park Service is imposing a temporary closure of, and public use limit in, certain designated parklands along Pennsylvania National Historic Site and National Mall in conjunction with the State Funeral Procession on January 7, 2025, preceding the State Funeral on January 9, 2025 as delineated in the attached map and as further delineated by fencing.

Specifically, there will be temporary closures to the public of the following locations from approximately 2:00 a.m. to approximately 3:00 p.m. on Tuesday, January 7, 2025:

• Navy Memorial, to include surrounding north sidewalks on Pennsylvania Avenue NW, between 9^th Streets, NW and 7^th Street, NW
• Old Post of Tower located on Pennsylvania Avenue NW, between 12^th and 11^th Streets

Additionally, there will be restricted pedestrian access for the public at the following locations from approximately 2:00 a.m. to approximately 3:00 p.m. on Tuesday, January 7, 2025:

• John Marshall Park, to include surrounding sidewalks on Pennsylvania Avenue, NW; E Street, NW; and 13th Street, NW
• George C. Meade Statute, to include surrounding sidewalks between 4^th Street, NW and 3^rd Street, NW
• Sidewalks along the north side of Pennsylvania Avenue NW, between 12th Street, NW and 3^rd Street, NW
• Sidewalks along the south side of Pennsylvania Avenue, NW, between 12th Street NW and 6th Street NW

In addition, the following park roads will be closed except to local traffic from approximately 2:00 a.m. to approximately 3:00 p.m. on Tuesday, January 7, 2025:

• Madison Drive, NW, from 3rd Street, NW to 14th Street, NW, which will also be designated as emergency/no parking
• Jefferson Drive, SW, from 3rd Street, SW, to 14th Street, SW, which will also be designated as emergency/no parking
• 12th Street SW/NW, from Independence Avenue to Constitution Avenue

These closures and restrictions come at the request of the United States Secret Service (Secret Service) and are necessary to provide a secure perimeter with sufficient stand-off distance to protect the safety of the public mourners, dignitaries, and representatives of the executive and legislative branches of government while they participate in the funeral procession. The temporary restrictions are also necessary to permit the Secret Service to perform security sweeps of the area, to allow for security screening of the public, and restrict access to certain areas necessary for the safety and security of the event. Less restrictive measures will not suffice because of the need to protect the public and ensure the safe and sufficient passage of the public through the use of limited park closures and a security sweep.

Prohibited Items. Pursuant to 36 C.F.R. §1.5, based on a written security determination by the Secret Service, the National Park Service is also imposing a partial and temporary public use limitation on January 7, 2025, and will not allow the following items within the Pennsylvania Avenue National Historic Site:

 Aerosols
 Ammunition
 Animals other than service/guide animals
 Backpacks and bags exceeding size restrictions (18” x 13” x 7”)
 Bicycles
 Balloons
 Coolers
 Drones and other unmanned aircraft systems
 Explosives
 Firearms
 Flammable liquids
 Glass, thermal or metal containers
 Laser pointers
 Mace/Pepper spray
 Packages
 Range Finder
 Recreational motorized mobility devices
 Selfie Sticks
 Signs exceeding size restrictions (20’ x 3’ x 1/4”) or material restrictions set forth below
 Structures
 Supports for signs and placards
 Toy guns
 Weapons of any kind
 Any other items determined to be potential safety hazards

With respect to signs and placards, the Secret Service has determined that it poses a security risk to allow signs or placards made of hard materials that could be used as a weapon, and therefore, is seeking to exclude signs or placards of any size that are not made of soft materials such as paper, cardboard, poster board, or cloth. Therefore, hand-carried or portable signs made of wood, metal or other hard materials are prohibited for the duration of the closure. As noted above, NPS is also prohibiting supports for signs and placards as these items may be used as a means of concealing weapons or as weapons themselves.

Additionally, the Secret Service has determined that the unique security concerns associated with the State Funeral for Former President Carter require a prohibition on all unpermitted structures that can be used as weapons and/or used to conceal weapons, which includes props, folding chairs, any type of hollow displays such as puppets, papier mâché objects, coffins, crates, crosses, theaters, cages and statues. It does not include signs and objects meeting the size and material restrictions, portable bullhorns, baby carriages and baby strollers that are in use for their intended purpose, wheelchairs and other devices for the handicapped that are actively being used by a handicapped individual. These restrictions are similar to the restrictions on the size, physical composition, and use of signs, placards and structures on the White House sidewalk set forth in 36 CFR 7.96(g)(5).

Less restrictive measures will not suffice due to the Secret Service security-based assessment that these park areas need to be kept clear. It is further anticipated that Secret Service personnel will temporarily restrict public access in these areas during the installation of anti-scale fencing. These restrictions are expected to begin on Tuesday, January 7, 2025, from approximately 2:00 a.m. and continue until approximately 3:00 p.m. on Tuesday, January 7, 2025. These public access restrictions are necessary during fence installation to ensure the safety of the public as well as the personnel engaged in installation. Once fence installation is complete in a specific area, public access will be restored until the above-referenced event-related public access restrictions begin at approximately 3:00 p.m. on January 7, 2025. A copy of the Secret Service’s letter and map dated January 3, 2025 is attached and incorporated by reference.

This temporary and partial closure and public use limit are not of a nature, magnitude and duration that will result in a “significant alteration in the public use pattern”. Further, the closure will not adversely affect the park’s natural, aesthetic or cultural values and is not of a highly controversial nature. Rather, closures and public use limits such as these are commonplace for these types of public events at which heads of state meet with government officials and are necessary to provide the public with as much access as possible to park land while also providing for the security the Secret Service has deemed necessary for this event.

Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 C.F.R. § 1.5(b). This is consistent with hundreds of earlier partial and temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiff’s emergency motion for injunction pending appeal denied Mahoney v. Norton, No. 02- 5275 (D.C. Cir. September 9, 2002) (per curiam); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. United States, No. 94-1935 (D.D.C. September 9, 1994); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. January 26, 1988); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), aff'd 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). Pursuant to 36 C.F.R. § 1.7, notice of this temporary and partial closure and public use limit will be made though media advisories, maps, fencing, and by posting 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.

/s/

Kevin Griess, Superintendent
National Mall and Memorial Parks