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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 Center Turf Panels 16,18,20,22,24,26, 28, and 29 on the National Mall. These areas will be closed for the turf recovery from the December 1, 2021 to January 16, 2022 and from January 23 to March 1, 2022. Summer months lead to abiotic and biotic conditions that overwhelm the ability of the turf panels to cope with use and thrive. During the winter months, the turf is in a semi dormant state and unable to rejuvenate from damages associated with frost, foot, or mechanical traffic or other issues. Less restrictive measures will not suffice because the turf must be protected from high impact activities such as events or athletic play during the recovery process. 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. Luhan, 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 November 3, 2021 |
Last updated: November 4, 2021