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Pursuant to 36 C.F.R. § 1.5, the National Park Service is imposing a temporary closure of certain parkland within National Mall and Memorial Parks, specifically turf panels 26, 28, and 29 on the National Mall. These areas will be closed for the completion of contracted turf restoration work from October 1, 2020 through January 5, 2021. The National Park Service is completing critical turf recuperative remediation to improve the condition and performance of the turf for the upcoming 2021 Presidential Inauguration. The current soil is easily compacted and the remediation is part of a multiyear effort to develop a more resilient soil mix. This park closure is necessary for the protection of natural and cultural resources, as well as the environmental and scenic values. Less restrictive measures will not suffice because the turf must be protected from high impact events during the restoration. This temporary and partial closure is not of a nature, magnitude and duration that will result in a "significant alteration in the public use pattern.” Indeed, other nearby park areas will remain open to the public. The closure will not adversely affect the park's natural, aesthetic or cultural values; nor require significant modification to the resource management objections; nor is it of a highly controversial nature. Accordingly, the National Park Service 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. Lulan, 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 this temporary and partial closure will be made through fencing and posting of signs at conspicuous locations in the affected park area. 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 October 1, 2020 |
Last updated: October 9, 2020