Superintendent's Compendium of Designations, Closures, Use and Activities Restrictions, Permit Requirements and other Regulations
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands administered by the National Park Service, within the boundaries of Navajo National Monument. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, and Parts 1-7. Since Navajo National Monument is located on the Navajo Indian Reservation, Navajo Nation laws are also enforced. Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), are in italicized print.
Please contact Group Superintendent Lyn Carranza if you have any questions or comments about the Superintendent’s Compendium.
Please send any written comments via USPS to:
Superintendent
Navajo National Monument
P.O. Box 7717
Shonto, AZ 86054
36 CFR §1.5 – CLOSURES, PUBLIC USE LIMITS AND FILMING
(a)(1) Closures
Areas:
Established visiting hours are necessary for visitor safety and resource protection.
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.
- 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.
- 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.
- 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.
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.
36 CFR 1.6(f) – Activities that require a permit.
- Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park for more information). 36 CFR 1.5(a)(2) and 54 U.S.C. 100905.
36 CFR 2.19 (a) Camping:
36 CFR 2.13 (a) – FIRES
(a)(1) The lighting or maintaining of fires is prohibited, except in the following areas and/or receptacles, and under the conditions noted:
- Fires may be allowed for certain events in the park
- During periods of high fire danger, the Navajo Nation may issue fire restrictions Reservation wide and the National Park Service at Navajo National Monument will observe Navajo Nation Restrictions. The Superintendent may close all or a portion of the park at their discretion.
- A fire may be ignited and maintained only by using fuel sources designed and commonly 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.
Determine: 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.
Public Notice methods: Signs will be posted at the campground, the picnic area, the Visitor Center, and other closed areas.
(a)(2) The following restrictions are in effect for the use of stoves or lanterns:
- Propane stoves are only permitted in the Picnic and Camping Areas
- Lanterns may not be attached to trees, vegetation, or park structures
- No wood grilling, wood burning, and open fires is allowed
Fires, fire extinguishment and ash disposal are regulated to protect human life, park structures and park resources. Lantern hanging is restricted to reduce the potential for fire and to prevent impacts to natural and cultural resources.
36 CFR §2.21 – SMOKING
(a) Smoking is prohibited:
- In all buildings and structures
- Within 25 feet of the entrance to all public buildings
- Within 25 feet of heating/cooling units of all public buildings
- When severe fire levels are reached, outdoor smoking will be prohibited
Smoking tobacco and electronic cigarettes is prohibited in the above areas to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities.
36 CFR 1.5 - Unmanned Aircraft:
The use of unmanned aircraft may negatively impact public safety, natural or cultural resources, livestock, and could conflict with visitor use activities.
Sites/areas closed to the public:
Several of the Historic rooms are closed to the public. Please observe any closure signage at the following closure points.
Locations - Closure Point:
Inscription House - Gate entrance
Snake House - At the base of sandstone outcrop
Owl House - At the base of sandstone outcrop
Betatakin - At gate closures
Turkey Cave - All along the wash area
Kiva Cave - From the Aspen Trail
Reasons for Closure: The sites are very delicate and sensitive and remain intact due to limited visitation. These archeological resources still hold a lot of scientific information but are most importantly ancestral homes of the Hopi and Zuni people and are also significant to other local tribes.
Public Trails: There are several self-guided trails in the park that our visitors can enjoy. Trails are identified in a brochure that can be picked up at the front desk.
Tour and trail limits:
Visitation limits:
Location Visitation Limits
Betatakin (Talastima) 25 is the limit per tour
Keet Seel (Kawestima) 20 is the limit per tour
Reasons for visitation limits at Navajo National Monument are:
- To protect the fragile and highly sensitive resources from the impacts of walking, touching, and vandalizing of these places
- To preserve the resources for future generations.
- To preserve the resource for its ethnographic, scientific, and educational integrity.
Eating restrictions while visiting the sites:
No food, drinks or gum may be consumed during the Site visits.
Food crumbs attract rodents and insects that burrow through structures and possibly weaken them. The rodents and insects can create conservation and structural problems. Foods can also contaminate precious irreplaceable historic artifacts. Disposal of chewing gum in the sites or any historic setting is difficult to remove and can contaminate precious irreplaceable fabric.
(a)(2) Public Use Restrictions
The following areas are designated for a specific use or activity and/or the following conditions or restrictions are imposed on a specific use or activity:
Passenger Carrying Buses & Vehicles:
- Drivers of commercial passenger-carrying diesel-fueled motor vehicles are prohibited from idling their engines in parking lots of developed areas.
Idling engines are noisy and add unnecessary exhaust fumes to the air, which impacts tranquil atmosphere of the park that is sought by many visitors.
Determination: This closure is imposed to protect park facilities and sensitive infrastructure, and the health and safety of residents and their families, staff and visitors.
Public Notice Methods: Notices to be posted seasonally at park facilities including, but not limited to, campgrounds, housing and visitor center.
36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
- Specimen Collecting. 36 CFR 2.5 (a)
- Special Events. 36 CFR 2.50(a)
- Agricultural. 36 CFR 2.60(b)
- Memorialization. 36 CFR 2.62(b)
- Business Operations. 36 CFR 5.3
- Demonstrations*. 36 CFR 2.51(b)
- Sale & Distribution of Printed Matter*. 36 CFR 2.52(b)
- Public assemblies. 36 CFR §2.51(a)
*May require a permit depending on the scope of the activity.
Permits will be specific in nature to the activity being permitted. A permit or letter of authorization must be in the permittee’s possession at all times and exhibited to any authorized person upon request.
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:
- All archeological sites are closed to the public unless indicated otherwise
Archeological sites are closed for the preservation of their ethnographic, scientific, and educational integrity. There are also safety issues because there are no formalized trails to the sites, and the areas are overgrown with various types of thorny plants and brush. Permission from the Superintendent may be obtained to gain access.
36 CFR §2.11 - Picnicking
Certain areas have been closed to picnicking and are listed in section 1.5(a) (1) “Closures.”
Picnicking:
The park is closed to picnicking in:
- Any areas that would impede vehicular or pedestrian traffic
- Any areas that would interfere with park operation
Picnicking in certain areas could pose a hazard to both vehicular and pedestrian traffic or impede park operations.
36 CFR 2.15 (a): Pets
POSSESSING OF A PET IN A CLOSED AREA. (This section does not apply to guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired persons.)
The following are prohibited:
- Pets are not allowed in the Visitor Center.
- Pets are not allowed on trails.
It is unlawful to leave a domestic animal unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.
- Failing to cage, crate, restrain on a leash, which shall not exceed six feet in length, or otherwise under physical restrain a pet at all times.
- Leaving a pet unattended and/or tied to an object.
- Allowing a pet to make noise that is unreasonable considering location, time of day or night, impact on the park users, and other relevant factors, or that frightens wildlife by barking, howling, or making other noise.
- Pets may be kept by residents in accordance with Superintendent’s Policy and Navajo Nation Animal Control Laws.
Determination: Leash requirements provides for the protection of the pet as well as other park visitor, while preventing pets from disturbing or harassing native wildlife. All other regulations in this section are in effect to protect unattended pets from exposure to high temperatures and dehydration.
Public Notice methods: This restriction is posted at the Visitor Center, at the Sandel trailhead, and in the Sunset Campground.
Effective date: August 22, 2014
Authority: 36 CFR 2.15 (a)1
RESIDENTS KEEPING OF PETS
- Residents that have the exclusive use of their assigned quarters may possess pets provided that the health, safety, privacy, and sensibilities of other housing area residents are not threatened or diminished.
- Residents that are required to share quarters with other assigned personnel may not have pets in their quarters without written permission from the Superintendent.
Determination: These restrictions are imposed to avoid conflict between residents and to avoid damage to government property.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
Pet excrement has an undesirable smell and is unsightly. The smell of pets and their excrement has been shown to alter natural wildlife behavior.
Effective date: August 22, 2014
Authority: 36 CFR 2.15 (e)
36 CFR §2.22 – PROPERTY(a)(2)
Leaving property unattended for longer than 24 hours is prohibited except that visitors may leave property unattended for more than 24 hours in the following designated areas:
- With the consent of the Superintendent and only in approved area/s;
- At all trailheads in the monument for permitted activities.
- All vehicles and or property left in the park for more than 24 hours are subject to impound (excluding those vehicles permitted above).
36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES(a)(3)(i)
The following public use areas, portions of public use areas, and/or public 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:
-
The park does not allow for the possession or consumption of alcoholic beverages
-
It is also against Navajo Nation Law to possess or consume alcoholic beverages on the Navajo reservation
-
The consumption of an alcoholic beverage or the possession of an open container of an alcoholic beverage would be inappropriate considering other uses of the location and the purposes for which it is maintained or established; or
-
Incidents of aberrant behavior related to the consumption of alcoholic beverages are of such magnitude that the diligent application of the authorities [in 36 CFR], over a reasonable time period, does not alleviate the problem.
The running-at-large, herding, driving across, allowing on, pasturing or grazing of livestock of any kind in a park area is prohibited.
The use of livestock in the park boundary may negatively impact public safety, natural or cultural resources, wildlife, and could conflict with visitor use activities.
36 CFR §2.51 – Public Assemblies
Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views are allowed within the following established area. For groups larger than 25 persons, a Special Use Permit is required. Groups less than 25 persons do not need a permit, but must remain in the designated area. See map in Appendix A below.
Written applications for permits (groups larger than 25) must be received by the Superintendent at least 24 hours prior to the date desired for the event. The activity must not conflict with any scheduled NPS function or program.
No amplification of voice or sound will be allowed. Visitors will not be subjected to undue noise or physical contact. Signs are restricted to no larger than 3 foot by 3 foot in size. Visitors shall not be impeded in their progress to any portions of the park including public buildings, visitor centers, restaurants, parking areas, etc.
Determination: This restriction is imposed to protect cultural resources, for the safety of visitors, and to implement management responsibilities.
36 CFR §4.21 – SPEED LIMITS(b)
The following speed limits are established for the routes/roads indicated:
- Park entrance road 25 MPH
- VC parking area 10 MPH
- Camping area 10 MPH
- Road to maintenance yard 15 MPH
- Park housing area 10 MPH
