Record of Determination for Planned Park Landscape Rehabilitation, Maintenance, and Enforcement of No-camping Regulation (36 C.F.R., Section 7.96) at Pablo Benito Juarez Circle and Galvez Memorial Park

National Mall and Memorial Parks will engage in planned park landscape rehabilitation work at park properties along Virginia Avenue as part of comprehensive enhancements to public spaces for the semiquincentennial events honoring the 250th anniversary of the country in 2026. The NPS will initiate planned park rehabilitation and maintenance work at Pablo Benito Juarez Memorial Circle (Reservations 26K, 98, 134, 135) and Galvez Memorial Park (Reservation 720) from October 5, 2023 until spring 2024. As a result of this planned work, the NPS will clear tents currently at Juarez Circle and will resume enforcement of the no camping regulation, 36 CFR 7.96(i), at Pablo Benito Juarez Circle and Galvez Memorial Park on October 5, 2023. The park areas will be temporarily fenced for landscape rehabilitation, turf restoration, and maintenance.

The NPS worked closely with the District of Columbia (District) and the District’s contracted service providers to offer housing assistance and services to unsheltered individuals on park property. NPS’ established procedures for encampment closures align with the District’s policy to provide verbal and written notice to encampment occupants at least 30-days in advance and to allow time for service providers to offer resources and assistance to unsheltered individuals.

The temporary closure of park areas for landscape rehabilitation and maintenance at Pablo Benito Juarez Circle and Galvez Memorial Park and clearing of tents and Pablo Benito Juarez Circle 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 the public. 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 highly controversial nature. Accordingly, the NPS determines that publication as rulemaking in the Federal Register, is unwarranted per 36 C.F.R. § l.5(c). This is consistent with hundreds of earlier partial and temporary park closures, the legal opinion of the Office of the Solicitor, and judicial 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 the temporary closure of park areas for landscape rehabilitation and maintenance at Pablo Benito Juarez Circle and Galvez Memorial Park, and clearing of tents and Pablo Benito Juarez Circle will be made by installing fencing and posting of signs 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.

Jeffrey Reinbold
Superintendent, National Mall and Memorial Parks

October 4, 2023

Last updated: October 5, 2023

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