Record of Determination for a Partial and Temporary Closure of Parkland of the World War II Memorial Area for the 75th Anniversary of Victory in Europe Ceremony

The National Park Service is closing the World War II Memorial for the President to participate in a commemorative wreath laying in honor of Victory in Europe Day at the Memorial. This is an area bounded by Constitution Avenue, NW. to the north; the intersection of 16th St., NW. with Constitution Avenue, NW., to the east; Independence Avenue , SW., to the south; and the D. C. War Memorial to the west as well as the roadway of 17th Street, NW., from Constitution Avenue, NW. to Independence Avenue, SW., and all Adjacent sidewalks. This area would be closed from 6:00 a.m. Friday, May 8, 2020 until approximately 12:30 p.m. and would include:

• Sidewalks adjacent to the World War II Memorial
• Approximately the western half of the Washington Monument grounds, including the internal sidewalks and roadway;
• The Lincoln Memorial Reflecting Pool from the Word War II Memorial to 19th Street, NW., and all adjacent sidewalks and roadways:
• The area north of the Lincoln Memorial Reflecting Pool and south of Constitution Gardens Lake from 19th Street, NW., to 17th Street, NW.; and
• The area south of the Lincoln Memorial Reflecting Pool from the D.C. War Memorial to 17th Street, NW., and all adjacent sidewalks and roadways.

Further the below listed roadways in the vicinity of the World War II Memorial on Friday, May 8, 2020, from 11:00 a.m. until approximately 12:30 p.m.:

• Constitution Avenue, NW., form 15th Street, NW. to 18th Street, NW., and all adjacent sidewalks; and
• Independence Avenue, SW., from Ohio Drive, SW., to 15th Street, NW.

The temporarily restricted areas are noted on the attached map.

These park and roadway closures are necessary to provide for security and public safety for the 75th Anniversary of Victory in Europe ceremony. This closure comes at the request of the United States Secret Service letter dated May 6, 2020, which is incorporated by reference, and in coordination with the United States Park Police, to ensure necessary security and public safety during the wreath ceremony. This ceremony meets the definition for a small group exception under the regulations at 7.96(g)(2)(i). Given security concerns, lesser restrictive measures will not suffice. Other Federal parks near the World War II Memorial that are located outside the security area, including the Ellipse, the western end of the Lincoln Memorial Reflecting Pool Plaza, and Area 5 of Constitution Gardens, are planned to be open to the public for small group demonstrations consistent with the current order suspending permitted events in the area.

This temporary and partial closure does not constitute an impairment to park resources and values and is not of a nature, magnitude and duration that will result in a significant alteration in the public use pattern. Further, this closure will not adversely affect the park's natural, aesthetic~or cultural values and is not of a highly controversial nature. Accordingly, pursuant to 36 C.F.R. § l .5(b ), publication as rulemaking in the Federal Register is unwarranted. This is consistent with hundreds of past partial and temporary park closures, the legal opinion of the Office of the Solicitor, and past judicial adjudications. See Picciotto v. United States, No. 99-2113 (D.D.C.); Picciotto v. United States, No. 94-1935 (D.D.C.); Picciotto v. Lujan, 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).

Pursuant to 36 C.F.R. § 1.7, notice of this temporary and partial closure 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.

/signed/


Jeff Reinbold, Superintendent
National Mall and Memorial Parks

May 7, 2020