Superintendent's Compendium

 

Authority

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 107, authorized by Title 54 United States Code, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Natchez National Historical Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c) appear in this document identified by italicized print.

I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park.

Visiting Hours

• The park is open to public use during daylight hours only. Daylight hours are defined as one half hour after sunrise to one-half hour after sunset. The park facilities will be closed on Thanksgiving, Christmas, and New Year’s days.

1. The Melrose Visitor Center will be open daily 8:30 a.m. to 5:00 p.m.
2. The Natchez Visitor Center public restrooms will be open weekdays from 8:00 a.m. to 3:00 p.m.
3. The Fort Rosalie site is open daily during daylight hours.
4. The exhibit area at the Forks of the Road site is open daily during daylight hours.

In consideration of the purpose for which the park was established, routine visitor use is restricted to daylight hours. The superintendent will review and consider written requests for after-hours uses of the park.

Closures

• The Natchez Visitor Center is currently closed to the public for renovation.
• The upstairs areas of the William Johnson House site are currently closed to the public. Preservation needs of the structures make the area unsafe for public access.
• All newly-acquired NPS tracts at Forks of the Road other than the exhibit area are closed to the public. These areas are not safe for public access.
• Unless specifically authorized, the following activities are prohibited.

1. Launching model rockets
2. Flying powered model aircraft
3. Operating unmanned aircraft including drones
4. Releasing domestic birds
5. Sunbathing
6. Hitting golf balls or use of golf clubs
7. Washing, waxing, or repairing motor vehicles
8. Easter egg or treasure hunts
9. Geocaching, Earth caching, and other similar pursuits utilizing Global Positioning Systems that cache a real object.

Certain recreational uses are prohibited as they detract from the significance and purpose of the park. These uses also create the potential for visual intrusion of the historic scene. The use of the park for organized athletic events or competitive recreational events is not generally compatible with the significance and purpose of the park.

The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

Picknicking:

• Fort Rosalie Picnic Area.
• Melrose Picnic Area.
• Natchez Visitor Center Courtyard.

Picnicking, as well as other types of recreational activities are inconsistent with the legislative intent of the park. Visitors expect areas set aside for the consumption of food and drinks, and the park has accommodated this expectation at the Fort Rosalie and Melrose Picnic areas and the Natchez Visitor Center courtyard

Kite flying and Frisbee throwing:

• Fort Rosalie Picnic Area.
• Melrose Picnic Area and Front Field.

Given the existing infrastructure, these picnic areas and the large front field on the Melrose estate outside of the fence that defines the front lawn of the mansion seem the reasonable place to allow these recreational activities.

Bicycling:

• Melrose Gravel Drive.

The use of traditional bicycles and electric bicycles (e-bikes) for transportation and recreation on gravel roads of the Melrose property does not conflict with the legislative intent for the site.

The term “e-bike” means a two-or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts 1 h.p.). E-bikes are allowed in Natchez National Historical Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5). Except as specified in this Compendium, the use of an e-bike within Natchez National Historical Park is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited. This provision is inserted per Policy Memorandum 19-01 entitled Electric Bicycles.

36 CFR 1.5(a)(2) - Designate Areas for a specific use or activity or impose conditions or restrictions on a use or activity.

• Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.

• Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.

• Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.

• If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.

Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.

II. 36 CFR §1.6(f) – ACTIVITIES THAT REQUIRE A PERMIT

(f) The following is a compilation of those activities for which a permit from the superintendent is required:

• §1.5(d) The following activities related to Public Use Limits:

  Flying non-powered radio controlled model aircraft at the Fort Rosalie Picnic Area.

• §2.4(d) Carry or possess a weapon, trap, or net, excluding firearms compliant with State law (permits only issued for authorized research).

• §2.5(a) Specimen collection (take plant, fish, wildlife, rocks, or minerals).

• §2.12 Audio Disturbances

(a)(4) None other than operation of a public address system in connection with a public gathering or special event
for which a permit has been issued pursuant to §2.50 or §2.51.

• §2.17 Aircraft & Air Delivery

(a)(3) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means.
(c)(1) Removal of a downed aircraft.
The flying over or landing of manned hot air balloons on the front field at Melrose.

• §2.37 Soliciting or demanding gifts, money goods, or services (pursuant to the terms and conditions of a permit issued under §2.50, §2.51, or §2.52).

• §2.38 Explosives

(a) Use, possess, store, transport explosives, blasting agents. (b) Use or possess fireworks.

• §2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events.

• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views. However, demonstrations of 25 people or less are allowed within the park areas designated as available under paragraph 2.51(c)(2) without a permit. The area designated forthese demonstrations is the courtyard at the Natchez Visitor Center at 640 S. Canal Street.

• §2.52(c) Groups of 25 or more that sell or distribute printed matter that is not solely commercial advertising. A permit is not required for groups of less than 25.

• §2.62 Memorialization

(a) Erection of monuments (requires approval from the Director).
(b) Scattering ashes from human cremation.

• §5.1 Advertisements – (display, posting, or distribution).

• §5.3 Engaging in or soliciting any business (requires a permit, contract, or other written agreement with the United States, or must be pursuant to special regulations).

36 CFR 1.5(a)(2) and 54 U.S.C. 100905

Some filming, still photography, and audio recordings (depends upon the facts and circumstances; contact the park for more information).

Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

§5.7 Construction of buildings, facilities, trails, roads, path, structure, etc.

§7.96(g) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views with groups greater than 25 persons.

§7.96(k)(2) The sale or distribution of printed matter, buttons, and bumper stickers.

Designated areas for assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views, and distribution of printed matter are as follows:

1. The courtyard of the Natchez Visitor Center.
2. Fort Rosalie picnic area.
3. Melrose picnic area.

The Natchez Visitor Center is the first stop for visitors to the Natchez area, and its location and modern construction are not incompatible with this use. The areas at the historic sites of Melrose and Fort Rosalie that have been set aside as picnic areas are also so designated.

The Superintendent will determine the location of each activity based on the nature and duration of the proposed event, the estimated number of persons expected to attend, and other information required to complete the permit application form. A permit application may be denied if the activity does not allow for multiple uses of the area, if the event presents a clear and present danger to the public health or safety, or if the printed materials are solely commercial.

The time, location, and conditions for certain activities shall be regulated by a permit to avoid infringement upon the enjoyment of others visiting the park, traffic congestion, protection of the cultural and natural resources, disruption of normal park operations, and the unwarranted risk of participants due to inadequate equipment, poor supervision of the activity, weather, and other factors.

The right to engage in public assemblies, meetings, gatherings, demonstrations, and distribute printed materials is provided for in the United States Constitution; these activities are authorized in the park provided the group is less than 25 persons or a permit has been issued by the superintendent.

III. GENERAL REGULATIONS

36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES

(c)(1) The gathering, by hand, of nuts that are lying on the ground is permitted for personal use or consumption.

(c)(2)(i) The daily/person limit of nuts collected is set at 2 gallons.

To protect natural resources, implements may not be used to gather nuts.

Digging is prohibited, including ground disturbance activities such as staking, except by permit.

Areas in the park that contain nuts will continue to provide a relatively undisturbed source of seeds for plant reproduction and food for wildlife. There is no evidence to suggest that the limited gathering of nuts for personal consumption has had an adverse impact on park resources.

36 CFR §2.2 – WILDLIFE PROTECTION

(d) Wildlife may not be transported on roads or in parking lots maintained by the park.

(e) The use of artificial light and infrared lighting/beams for the purposes of viewing wildlife is prohibited.

Hunting is prohibited in the park, therefore the transportation of wildlife carcasses via park roads is inappropriate and unnecessary. Viewing wildlife by means of artificial light disturbs wildlife in their natural habitat. The park is open during daylight hours only.

36 CFR §2.10 – CAMPING AND FOOD STORAGE

(a) Camping is prohibited.

The park was not established for overnight occupancy and does not have the necessary amenities for
overnight use. Options in proximity to the park include commercial RV parks, camping and lodging at
Natchez State Park, and camping at Mt. Locust on the Natchez Trace Parkway.

36 CFR §2.13 FIRES

(a)(1) Portable grills, smokers, and fire pans may be used at the Melrose and Fort Rosalie picnic areas, so long as such cooking does not harm park property (such as picnic tables), or other park resources. A fire may be ignited and maintained only by using fuel sources used for warmth or the preparation of food, such as charcoal briquettes or natural firewood. Lighting or maintaining a fire with other materials including, but not limited to, flammable liquids, garbage, fireworks, plastics, aerosol canisters, batteries, or other manufactured or synthetic materials, is prohibited. The disposal of hot or cold coals and/or ashes in the park is prohibited.

This action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, and the implementation of management responsibilities. Materials other than approved combustibles – especially fire accelerants and substances prone to wind transport or explosion – creates serious risks when used to light or maintain fires. These combustibles can ignite or spread wildfires that directly threaten people and valuable resources and assets. The burning of manufactured or synthetic materials can contribute to air pollution, contaminate soil and water, and be toxic to humans and the environment. Less restrictive measures, such as an education campaign informing visitors of the risks of using certain materials to light or maintain a fire, would not be commensurate with the substantial risks associated with those activities and could lead to adverse outcomes that might be prevented by establishing an enforceable condition.

The disposal of hot or cold coals and/or ashes in the park is prohibited.

The dumping of hot, or presumed cold, coals is a safety and fire hazard for visitors and the park’s natural and cultural resources.

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets other than designated service animals:

• Office buildings, maintenance buildings, public facilities, and government owned vehicles.

The presence of pets in a government building or vehicle is disruptive to visitors and employees. Many persons suffer from pet allergies and should not be exposed to pets.

(a)(5) Visitors are required to remove pet excrement from parking lots and developed visitor use areas, such as picnic areas, in and around the Visitor Center and historic structures and monuments.

36 CFR §2.16 – HORSES AND PACK ANIMALS

(b) Horseback riding and the use of horse-drawn carriages is allowed on the gravel roads at Melrose.

(g) Riding off these established roads is prohibited.

Certain recreational activities, like horseback riding, can detract from the significance and purpose of the park. The horse hoof can have, in sensitive areas, impacts that are inconsistent with the protection of the cultural and natural resources of the park.

36 CFR §2.21 – SMOKING

(a) Smoking is prohibited in all government facilities, structures, and vehicles, or within 25 feet of any Government vehicle while fueling.

Smoking in government facilities and vehicles is prohibited by departmental policy. Smoking is also prohibited to protect sensitive cultural and historic structures from the presence of tobacco smoke and the potential for fire.

36 CFR §2.23 – RECREATIONAL FEES

Entrance Fee Areas

Entrance to park property does not require a Fee.

Tour Fee for the Melrose mansion

The per person fee of $10.00 is for a ranger guided tour of the Melrose mansion, and it applies to adults age 18 and above. The tour is approximately 30 minutes long. Students and children 17 and under can take the ranger guided tour of the Melrose mansion for no cost.

Educational/School groups that have applied for and been approved for a fee waiver will not be charged for the ranger guided tour of the Melrose mansion. Self-guided tours of the Melrose estate grounds, formal gardens, and outbuildings are free of charge.

36 CFR §2.35 – ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) The following areas and facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can, or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed.

• All public use areas within the Park are closed to the consumption or possession of an alcoholic beverage that is open, or that has been opened, or whose seal is broken, or the contents of which have been partially removed. Alcoholic beverages can be served as Park sponsored events with the permission of the Superintendent or his/her designee.

The park is closed to alcohol consumption because such activity is inappropriate considering the other uses of the park and the purpose for which the park was established and is maintained. The park was established and is maintained to serve as an educational resource and to interpret the history of Natchez as a significant city in the American South. The consumption of alcohol is an inappropriate activity that could negatively impact the purposes of the park.

36 CFR §4.21 – SPEED LIMITS

(b) The following speed limits are established for the routes/roads indicated:

• Melrose gravel entrance road – 10 miles per hour.
• Natchez Visitor Center driveway that connects South Canal Street with John R. Junkin – 10 miles per hour.

The superintendent has established this speed limit as reasonable and safe for the identified location. This location has been posted with traffic control signs.

UAS
•Launching, landing, or operating an uncrewed or remotely piloted aircraft from or on lands and waters administered by the National Park Service within the boundaries of Natchez National Historical Park is prohibited except as approved in writing by the superintendent.

•The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quad copter, drones) that are used for any purposes, including recreation or commerce.

This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include disturbing visitors, creating public safety risks, disturbing wildlife, interfering with park operations, causing excessive noise, and impacting view sheds.