Record of Determination for the Partial and Temporary Park Closures of Certain Federal Parkland and Public Use Limitations for the Juneteenth Holiday Weekend Events

Pursuant to 36 C.F.R. § 1.5 the National Park Service is temporarily closing certain parkland in Washington, D.C.’s Monumental Core beginning Monday, June 13, through Monday, June 20, 2022. These closures are necessary for events associated with multiple Juneteenth Holiday Weekend Events and will allow for the set-up of security fencing, staging, concert and a security sweep of these areas, which will provide for a secure and safe venue for the protection of participants and the public. The events associated with the Juneteenth Holiday Weekend will be attended by large crowds.

I. Park Closures. Specifically, during the described time periods the following Park areas will be closed to the public: The areas will be fenced and closed from approximately 07:00 a.m. on Monday, June 13 and will remain closed until approximately 8:00 p.m. on Monday, June 20, 2022:

• Reservation 201, to include exterior and interior sidewalks.
• Mall Tree Panels 37, 39 and 40 between 3^rd -7^th Streets to mitigate potential damages to the tree system.

The area will be fenced and closed from approximately 6:00 p.m. on Thursday, June 16 and will remain closed until approximately 08:00 a.m. on Monday, June 20, 2022.

• Eisenhower Memorial to mitigate potential resource damages to the Memorial.

All the closed areas are depicted on the attached map and will be more particularly identified by fencing and signage. Violation of this closure is prohibited.

II. Park Road Closures. The National Park Service will also close the following roads to vehicular traffic within its jurisdiction, in order to further facilitate the Juneteenth Holiday Weekend events and the protection of the public:

From Friday, June 17, - Sunday, June 19, 2022 the following roads will be closed to vehicular traffic, beginning at approximately 6:00 a.m. and will re-open at approximately 11:59 p.m., each day:

• Madison Drive, NW between 3^rd -14^th Streets
• Jefferson Drive, NW between 3^rd -14^th Streets

On Sunday, June 19, 2022, the following roads will be closed to vehicular traffic beginning at approximately 5:00 a.m. and will re-open on or about Monday, June 20, 2022 at approximately 12:00 a.m.:

• Ohio Drive, SW, from East Basin Drive, SW to Independence Avenue, SW
• West Basin Drive, SW between Ohio Drive, SW and Independence Avenue, SW

III. Park Sidewalk Closures. The National Park Service will also close the following sidewalks to pedestrians within its jurisdiction, to further facilitate public safety during the Juneteenth Holiday Weekend events: On Friday, June 17, 2022, the following sidewalks will be closed beginning at approximately 6:00 a.m. and will re-open on or about Sunday, June 19, 2022, at approximately 11:59 p.m.:

• North sidewalks of Independence Avenue, SW between 3^rd Street and 9^th Streets, SW
• Sidewalks of Eisenhower Memorial, located at 6^th Street and Independence Avenue, SW.
• East and West Sidewalks of 7^th and 4^th Streets between Jefferson Drive, SW and Independence Avenue, SW.

Due to event activities, there will also be periodic road closures on area roadways. The closures will be supported by U.S. Park Police personnel as well as posting of temporary “No Parking Signs” along the impacted areas. All roads, park areas and sidewalks will re-open when the United States Park Police deems the area safe for vehicular and pedestrian traffic.

The Park and park road closures come at the request of the National Park Service and United States Park Police, to allow for their security monitoring of the areas, staging and events associated with the Juneteenth Holiday Weekend Events and the protection of park resources. This is also part of the park’s enhanced security efforts for large-scale events within or near National Mall and Memorial Parks areas following the terrorist attacks of September 11, 2001. Similar restrictions have become common at other large-scale events and public facilities throughout the country. These enhanced security efforts will include security access points into the fenced areas to help ensure the safety and enjoyment of the thousands of persons expected to attend the various Juneteenth Holiday Events that will be occurring in a highly prominent park areas and throughout the Washington, DC. Less protective 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 effective security measures.

The operation of Unmanned Aerial Systems (UAS) is already prohibited on parkland but prohibiting such items (some of which are small enough to fit inside a suitcase) to be carried on parkland will help ensure compliance especially since its operation therein could pose a threat to the crowded groups of attendees, and could potentially interfere with the flights paths of authorized aircraft as well impact P-56 protected airspace. Given the large size of the event and the huge numbers of attendees, less restrictive measures would not suffice to adequately protect the safety of the public or provide for the preservation of park resources. Other items that are otherwise illegal under Federal or District of Columbia law, remain prohibited.

These temporary and partial closures and the temporary public use limitations are not of a nature, magnitude or duration that will result in a “significant alteration in the public use pattern.” These types of closures have also become common at other significant large-scale events throughout the country. Furthermore, other nearby park areas will remain open to the public. The closure and public use limitations will not adversely affect the park’s natural, aesthetic or cultural values; nor require significant modification to the resource management objectives; 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 § l .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. 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), plaintiffs’ emergency motion for appeal for injunction pending appealed 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. Lujan, No. 90-1261 (D. D.C. May 30, 1990) Picciotto v. Hodel, No. 87-3290 (D. D.C. December 7, 1987); Spiegel v. Babbitt, 855 F. Supp. 402 (D. D.C. 1994), affd in parr 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 limitation will be made through media advisories, maps and posting at conspicuous locations in the affected park areas. Violation is prohibited. 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

June 14, 2022