Pursuant to 36 CFR § 1.5(a)(1) the National Mall and Memorial Parks is continuing the temporary closure of some National Park Service facilities to mitigate the spread of COVID-19. The National Park Service initially enacted these restrictions on March 20, 2020 in response to guidance and advisories from the Centers for Disease Control (CDC).
A Record of Determination (ROD) was extended several times during the pandemic. Temporary closures remain in place for the Washington Monument, Belmont-Paul Women’s Equality National Monument and the Old Post Office Tower. Ford’s Theatre National Historic Site is jointly operated with the Ford’s Theatre Society (Society). The site reopened to the public on May 12, 2021 with use limitations. The Society has cancelled or postponed in-personperformances until further notice but continues to offer virtual programs. All exterior memorials, restrooms, and grounds remain open. Bookstores, concessions, and partner operated facilities will be open at the discretion of the operator and with the approval of the National Park Service.
Following CDC guidance and best practices from sport governing bodies, the National Park Service will only allow organized athletic activity with a low to medium amount of risk to public health. Acceptable uses include skill-based drills, conditioning and team-based practices. The National Park Service will not issue permits for organized athletic leagues including volleyball, softball, football, rugby and other organized team sports, or allow formal gameplay tooccur in the park, including on the National Mall.
The temporary closures 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 § 1.7, notice of these temporary and partial closures will be made through media advisories, maps, and by posting 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
May 28, 2021
