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Pursuant to 36 C.F.R. § 1.5, the National Park Service is closing certain parkland in West Potomac Park in support of Vice President Kamala Harris’ remarks for an Investing in America Event on Thursday, April 13, 2023. Specifically, public access to West Potomac Park – Parking Lot A will be closed between the hours of 12:00 a.m. to 4:00 p.m. on Thursday, April 13, 2023. In addition, West Potomac Park, Ohio Drive from East Basin Drive to Parking Lot B will be closed between the hours of 10:00 a.m. – 4:00 p.m. on Thursday, April 13, 2023. This closure of West Potomac Park – Parking Lot A, West Potomac Park and Ohio Drive from East Basin Drive to Parking Lot B will be facilitated by United States Park Police. The park area will be reopened at approximately 4:00 p.m. when the motorcade is expected to clear the area. The park closures come at the request of the United States Secret Service and the United States Park Police, to provide necessary security and to protect the Vice President, visiting dignitaries, government officials and the public. Lesser restrictive measures will not suffice due to the Secret Service’s security-based assessment that these park areas need to be kept clear. This temporary and partial closure and temporary public use limitation is not of a nature, magnitude and duration that will result in a “significant alteration in the public use pattern.” The closure and public use limitation 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 given the ongoing and evolving security measures being undertaken nationwide and in Washington, D.C. following the terrorist attacks of September 11, 2001 and subsequent public safety and security alerts. Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 C.F.R. § 1.5(c). This partial and temporary park closure and public use limitation is consistent with hundreds of other partial and temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No.02-1715 (D.D.C. August 29, 2002), plaintiffs’ 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. December 7, 1987); Spiegel v. Babbitt, 855 F.Supp. 2 402 (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). Pursuant to 36 C.F.R. § 1.7, notice of this temporary and partial closure and public use limitation will be made though media advisories, maps, 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. Jeffrey Reinbold Superintendent, National Mall and Memorial Parks April12, 2023 |
Last updated: April 13, 2023