Record of Determination for the temporary restriction of access to and public use limit in certain areas of the National Mall and Memorial Parks for Special Event at the Thomas Jefferson Memorial

September 29, 2026

Pursuant to 36 C.F.R. § 1.5, the National Park Service (NPS) will implement the following temporary closures and public use limits from approximately 5:00 p.m. on Tuesday, September 29, 2026, through approximately 2:00 a.m. on Wednesday, September 30, 2026, of certain designated parklands at the National Mall and Memorial Parks as described below, as delineated in the attached map, and as will be specifically delineated by fencing and security personnel.

These temporary closures and use limits come at the request of the United States Secret Service based on requirements for security and protection associated with protecting the Secretary of the Department of Homeland Security, as well as providing a secure perimeter for other U.S. Government officials in attendance at an event taking place at the Jefferson Memorial. The United States Park Police concurs with the Secret Service’s request, because the Secret Service’s written request attached hereto represents a substantial increase of public access to the area compared to alternative plans considered prior to consultation with United States Park Police. Based on the evaluation of law enforcement agencies, less restrictive measures will not suffice to provide for the safety of the public and protectees.

Park Area Closures

The National Park Service will close the following parklands to pedestrians within its jurisdiction:

From 5:00 p.m. on Tuesday, September 29, 2026, until approximately 2:00 a.m. on Wednesday, September 30, 2026, the following areas will be closed or limit access to the public:

• The chamber of the Thomas Jefferson Memorial, though pedestrian access will be maintained up to and partly within the chamber from the northern entrance to the Memorial.
• Perimeter sidewalks leading to the hardscape on the south side of the Jefferson Memorial from the Tidal Basin.
• The southern hardscape and grass panel of the memorial where the event tent is staged and the immediate surrounding area, as delineated by fencing.
• Sidewalks and roadways that lead to the Memorial from East Basin Drive.

Although these closures are scheduled to continue until approximately 2:00 a.m. on September 30, 2026, the impacted park areas, including sidewalks and paths, will reopen earlier if the conditions necessitating the closure are no longer present in the evaluation of the United States Secret Service and United States Park Police. The impacted areas will be open to invitees attending an associated permitted event, subject to security screening by non-NPS personnel.

The Secret Service has evaluated that this temporary, partial closure is necessary to protect public safety, maintain a secure perimeter, and establish adequate stand-off distance for protected individuals. Based on that assessment, and the Secret Service’s operational plan to conduct security screening of all invited guests who will be in the impacted area as communicated to the United States Park Police, the National Park Service agrees that these closures and public use limits are necessary for the maintenance of public health and safety, equitable allocation and use of facilities, and the avoidance of conflict among visitor use activities. These temporary closures are not of a nature, magnitude, and duration that will result in a “significant alteration in the public use pattern.” Further, the public use limit and closure will not adversely affect the park’s natural, aesthetic, or cultural values, is not of a highly controversial nature, and does not require a longterm or significant modification in the resource-management objectives of the park. Rather, these closures are limited temporally and geographically as much as practicable while providing for necessary safety and security requirements as assessed by the Secret Service. Temporary and limited closures such as these for events on parkland involving protectees of federal agencies are commonplace and expected by the public, rather than controversial. This closure still allows for public access to a significant amount of park land surrounding the impacted areas.

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); Mytych v. Nat’l Park Serv., No. 1:25-cv-4291(TNM), 2026 U.S. Dist. LEXIS 24355 (D.D.C. Feb. 5, 2026). Pursuant to 36 C.F.R. § 1.7, notice of this temporary and partial closure and public use limit will be made through 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.

Kevin L. Griess /s/ 9/29/2026
Superintendent